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HomeMy WebLinkAbout1995-10-03; City Council; 13338; Four Seasons Aviara ResortOn September 20, 1995, the Planning Commission conducted a public hearing and recommended approval with a 7-O vote of various development permits (MP 177(O)/LCPA 90- 03(A)/SDP 86-02(B)/CUP 90-05(A)/CT 95-03/PUD 102(A)/HDP 95-11) to allow revisions to the approved resort and residential development within Aviara Planning Areas 1, 2, 9, 10 and 11. More specifically, the proposed revisions include: : V 0 Revising the main hotel by slightly increasing the number of guest rooms, a 4 temporarily using certain conference and banquet areas for timeshare offices, and ii redesigning the parking structure, eliminating approximately 10 percent of the i spaces. Cp’-xY OF CARLSBAD - AGE-A BILL AB# j3.338 TITLE: I 0.13 -9 s MTG. - YOUR SEASONS AVIARA RESORT MP 177(O)/LCPA 90-03(A)/SDP 88-02(B)/ DEPT. 6 CUP 90-05(A)/CT 95-#$‘UD lOP(A)/HDP 95-11 CITY MC@@ I RECOMMENDED ACTION: That Council INTRODUCE Ordinance No. w s-3 i 9, amending the Aviara Master Plan and ADOPT Resolution No. q 4 -‘&% APPROVING the Master Plan Amendment, Local Coastal Program Amendment, Site Development Plan Amendment, Conditional Use Permit Amendment, Tentative Tract Map, Non-residential Planned Unit Development Permit Amendment, and exclusion from the Hillside Development Ordinance for the Four Seasons Aviara Resort. ITEM EXPLANATION 0 Converting the sports center parking structure to surface parking and merging the restaurant into the sports center building. 0 Revising the shared parking program to include the golf clubhouse and driving range parking areas but not the timeshare villages. a Replacing the hotel garden wing buildings and villas, and the adjacent multifamily condominiums with three timeshare villages. The most prominent issue discussed at the Planning Commission was the phasing of construction for the hotel, timeshares and sports center. Some residents of Pavona at Aviara (Planning Area 8) were told by the builder of their homes that the sports center would be completed in 1992. The residents expressed concern that these sports facilities were needed for the hotel as well as the Aviara residents. To resolve this issue, the Planning Commission added a condition to require the developer to pursue a good faith effort to construct tennis courts at the sports center site concurrent with the hotel construction (see condition number 24 in Planning Commission Resolution No. 3807). Also recommended by the Planning Commission was a requirement to make the shuttle service within the resort free of charge (see condition number 4 of Planning Commission Resolution No. 3806). The developer has subsequently requested elaboration of that condition to include the timeshare owner’s association in the operational responsibility and clarify that resort users have free shuttle service, rather than the general public. These changes are included in City Council Resolution No.y5-s&copy attached. Y The Planning Commission found that the proposed project is in conformance with all applicable plans, policies and ordinances (i.e. the General Plan, Local Coastal Program, Aviara Master Plan, Zoning Ordinance, Zone 19 Local Facilities Management Plan and the Subdivision Ordinance). F h PAGE TWO OF AdENDA BILL NO. 13,328 The project site has undergone previous environmental review through the Aviara Master Plan EIR and the Planning Area 9 Negative Declaration. Upon review of the current Four Seasons Aviara Resort proposal, it was determined that the project reduced the intensity of development (relative to previous approvals) and therefore no additional significant effects would occur. The current project conforms to the parameters established through the previous reviews and all adjustments necessary to reduce impacts to a level of insignificance have already been implemented or are incorporated into the project design. Therefore, no mitigation measures are required. With regard to air quality and circulation impacts, the City’s MEIR found that the cumulative impacts of projects implemented consistent with the General Plan are significant and adverse due to regional factors, therefore a statement of overriding considerations was adopted. The project is consistent with the General Plan and as to these effects, no additional environmental documents are required. FISCAL IMPACTS All public facilities and services necessary to serve the proposed Four Seasons Aviara Resort are already in place or will be in place prior to occupancy of any portion of the development. The project is conditioned to pay the appropriate Public Facilities Fees to offset the cost of future services. Therefore, the proposal will not require the expenditure of City revenues, As required by the Carlsbad Municipal Code, a fiscal impact analysis showing the revenue- generating ramifications of the proposed revisions was submitted and reviewed by staff. According to the Finance Department, the net annual revenue generation would be slightly less with the new proposal. Given that there were numerous assumptions made when projecting future revenues, and the fact that the developer is anticipating building the project three years earlier than under the currently approved plan, the differences in revenue generation are not significant. 1. 2. 3. 4. 5. 6. Ordinance No. NS - 3 / 7 City Council Resolution No. c) 5 -,$@(f Location Map Planning Commission Resolution Nos. 3802, 3803, 3804, 3805, 3806, 3807 and 3809 Planning Commission Staff Report, dated September 20, 1995 Excerpt of Draft Planning Commission Minutes, dated September 20, 1995. 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 \ 2. xdhance was amended and return for adoption on 10/10/95. \ ORDINANCE NO. M-319 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY -a F CARLSBAD, CALIFORNIA ADOPTING THE AVIARA STER PLAN AMENDMENT RELATIVE TO THE FOUR SE&ONS AVIARA RESORT ON PROPERTY GENERALLY LOCATED IN THE SOUTHWEST QUADRANT OF THE CITY IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 19. CASE NAME: FOUR SEASONS AVIARA RESORT CASE NO: MP 177(O) WHEREAS, ‘>he City Council of the City of Carlsbad, California has reviewed and considered a Master Plan Amen h ment for future development of the site; and WHEREAS, after prodedures in accordance with the requirements of law, the City Council has determined that the public interest indicates that said plan be approved. NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as follows: ‘, SECTION I: That the Aviara M&ter Plan Amendment relative to the Four Seasons Aviara Resort, MP 177(O), dated September 20, 1995, on file in the Planning Department and incorporated by reference herein, is apprdved. The Master Plan Amendment shall constitute the zoning for this property and all development of the property shall conform to the plan. ‘l SECTION II: That the findings and conditions of ihe Planning Commission in Planning Commission Resolution No. 3602 shall also constitute the findings and conditions of the City Council. EFFECTIVE DATE: This ordinance shall be effective ehirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation in the City of C k lsbad within ‘1 fifteen days after its adoption. ‘\,, . . . . 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. \\ : \ \. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the day of , 1995, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the.,*, day of , 1995, by the following vote, to wit: AYES:‘? NOES: “‘, ABSENT: ABSTAIN: APPROVED AS TO FORM ANDLEGALITY ‘, \ RONALD R. BALL, City Attorney ‘\ CLAUDE A. LEWIS, Mayor ATTEST: ‘\ ALETHA L. RAUTENKRANZ, City Clerk ww - 1 2 3 4 5 6 7 0 9 10 11 12 13 RESOLUTION NO. 95-288 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A MASTER PLAN AMENDMENT, LOCAL COASTAL PROGRAM AMENDMENT, SITE DEVELOPMENT PLAN AMENDMENT, CONDITIONAL USE PERMIT AMENDMENT, TENTATIVE TRACT MAP, NON- RESIDENTIAL PLANNED UNIT DEVELOPMENT PERMIT AMENDMENT AND EXCLUSION FROM THE HILLSIDE DEVELOPMENT ORDINANCE WITHIN PLANNING AREAS 1,2,9,10 AND 11 OF THE AVIARA MASTER PLAN GENERALLY LOCATED IN THE . SOUTHWEST QUADRANT IN LOCAL FACILITIES MANAGEMENT ZONE 19. CASE NAME: FOUR SEASONS AVIARA RESORT CASE NO: MP 177(O)/LCPA 90-03(A)/SDP 86-02(B)/CUP 90-O%A)/CI’ 9502/PUD 102(A)/HDP 95-11 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on September 20, 1995, hold a duly noticed public hearing as prescribed y law to consider a Master Plan Amendment, Local Coastal Program Amendment, Site evelopment Plan Amendment, Conditional Use Permit Amendment, Tentative Tract Planned Unit Development Permit Amendment and exclusion from he Hillside Development Ordinance; and WHEREAS, the City Council of the City of Carlsbad, on the 3rd day 1995, held a duly advertised public hearing to consider said Master Local Coastal Program Amendment, Site Development Plan Conditional Use Permit Amendment, Tentative Tract Map, Non-residential Permit Amendment and exclusion from the Hillside Development Ordinance and at that time received the recommendations, objections, 26 protests, comments of all persons interested in or opposed to MP 177(O)/LCPA 90- 27 03(A)/SDP 86-02(B)/CUP 90-05(A)/CI’ 95-02/PUD 102(A)/HDP 95-11; and 28 II / I 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 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council )f the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the City Council APPROVES City Council Resolution No. 95-288 , and that the findings and conditions of the Planning Commission as set orth in Planning Commission Resolution Nos. 3802,3803,3804,3805,3806,3807 and 3809 )n file with the City Clerk and made a part hereof by reference are the findings and :onditions of the City Council, except as modified by No. 3 below. 3. Planning Commission Resolution No. 3806, Condition No. 4 on page I shall read as follows: Approval of Conditional Use Permit CUP 90-05(A), and related Ipplications, is subject to the condition that the proposed valet service be operated and naintained continuously by the hotel operator, and that the shuttle service be operated and naintained continuously by the hotel operator and timeshare owner’s association both in Berpetuity for the life of the hotel. Said shuttle service shall be free of charge to resort lsers in perpetuity. Any substantial changes, as determined by the Planning Director, shall necessitate a formal amendment to Site Development Plan SDP 86-02(B) and Conditional Jse Permit CUP 90-05(A). 4. That the application for Master Plan Amendment (MP 177(O)) to 1110~ revisions to planning area boundaries and uses on property generally located south ,f Alga Road, between Black Rail Court and Batiquitos Drive in Aviara Planning Areas , 2, 9, 10 and 11, in LFMP Zone 19 is approved as shown in Planning Commission Resolution No. 3802 on file with the City Clerk and incorporated herein by reference. 5. That the Major Local Coastal Program Amendment (LCPA 90-03(A)) o the implementing ordinance of the Mello I, Mello II and East Batiquitos Lagoon -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 segments (Aviara Master Plan) to allow revisions to planning area boundaries and uses In property generally located south of Alga Road, between Black Rail Court and 3atiquitos Drive in Aviara Planning Areas 1, 2, 9, 10 and 11, in LFMP Zone 19 is approved as shown in Planning Commission Resolution No. 3803 on file with the City 3lerk and incorporated herein by reference. 6. That the Tentative Subdivision Map (CT 95-02) to allow a 240 unit imeshare development on property generally located north and south on Finch Lane, jetween Alga Road and Kingfisher Drive in Aviara Planning Areas 2 and 9, in LFMP cone 19 is approved as shown in Planning Commission Resolution No. 3804 on file with he City Clerk and incorporated herein by reference. 7. That the Major Non-residential Planned Unit Development Permit Amendment to incorporate Planning Area 9 into the resort development area on property generally located south of Alga Road, between Black Rail Court and Batiquitos Drive in iviara Planning Areas 1, 2, 9, 10 and 11, in LFMP Zone 19 is approved as shown in ‘lanning Commission Resolution No. 3805 on file with the City Clerk and incorporated terein by reference. 8. That the Conditional Use Permit Amendment (CUP 90-05(A)) to Lmend the shared parking program within the Aviara Resort on property generally located #outh of Alga Road, between Black Rail Court and Batiquitos Drive in Aviara Planning Ireas 1, 2 and 10, in LFMP Zone 19 is approved as shown in Planning Commission iesolution No. 3806 on file with the City Clerk and incorporated herein by reference. 9. That the Site Development Plan Amendment (SDP 86-02(B)) to allow ,evisions to the hotel and sports center development sites on property generally located ;outh of Alga Road, between Black Rail Court and Batiquitos Drive in Aviara Planning -3- A 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Areas 2 and 10, in LFMP Zone 19 is approved as shown in Planning Commission Resolution No. 3807 on file with the City Clerk and incorporated herein by reference. 10. That the exclusion from the requirements of the Hillside Development Ordinance (HDP 95-11) to allow grading on hillside lands on property generally located south of Alga Road, between Black Rail Court and Batiquitos Drive in Aviara Planning Areas 2, 9, 10 and 11, in LFMP Zone 19 is approved as shown in Planning Commission Resolution No. 3809 on file with the City Clerk and incorporated herein by reference. PASSED, APPROVED AND ADOPTED at a regular meeting of the City COUNCIL of the City of Carlsbad, California, on the 3rd day of OCTOBER , 1995, by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall NOES: None ABSENT: None I-TEST: II” -4- R mm Ex7 yrru~ra~r~~ / I ;11r.r,r,r~-, . I c I FOUR SEASONS AVIARA RESORT MP 177(O)/LCPA 90-03(A)/SDP 86=02(B)/PUD 102(A)/ CUP 90005(A)/CT 95002/HDP 95-I 1 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 - EXHBlT 4 PLANNING COMMISSION RESOLUTION NO. 3802 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A MAJOR MASTER PLAN AMENDMENT TO THE AVIARA MASTER PLAN TO ALLOW THE REVISION OF PLANNING AREA BOUNDARIES AND USES ON PROPERTY GENERALLY LOCATED SOUTH OF ALGA ROAD, BETWEEN BLACK RAIL COURT AND BATIQUITOS DRIVE, IN AVIARA PLANNING AREAS 1, 2, 9, 10 AND 11, IN LOCAL FACILITIES MANAGEMENT ZONE 19. CASE NAME: CASE NO: MP 177(0) WHEREAS, Aviara Resort Associates has filed a verified application with the FOUR SEASONS AVIARA RESORT City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request for a major master plan amendment as provided by Chapter 21.38 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal' Code, the Planning Commission did, on the 20th day of September, 1995, hold a duly noticed public hearing to consider said application on property described as: Lots 2,4,5,6, 7, 8,9 and a portion of lot 10 of Carlsbad Tract 85-35, Phase I Unit A, according to Map No. 12409, filed June 29, 1989; lots 87, 88, 89 and portions of lot 232 of Carlsbad Tract 85-35, Phase I Unit B, according to Map No. 12410, filed June 29, 1989; portion of parcel 2 of Parcel Map 16451, filed April 15,1991, all in the City of Carlsbad, County of San Diego, State of California; WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Planning Commission considered all factors relating to MP 177(0); 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. \O 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 B) That based on the evidence presented at the meeting, the Commission recommends APPROVAL of Major Master Plan Amendment, MP 177(0), according to Exhibits "XXX", dated September 20, 1995, attached hereto, based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. The Planning Commission finds that: a) the project is a subsequent development as identified in Section 210833 of the California Environmental Quality Act; b) the project is consistent with the Aviara Master Plan (MP 177); c) there was an EIR certified (EIR 83-02(A)) in connection with the Aviara Master Plan (MP 177); d) the project has no new significant environmental effect not analyzed as significant in the prior EIR (EIR 83-02(A)); e) none of the circumstances requiring a Subsequent or Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist; The Planning Commission finds that all feasible mitigation measures or project alternatives identified in the EIR (EIR 83-02(A)) which are appropriate to this Subsequent Project have been incorporated into this Subsequent Project. The City's MEIR found that air quality and circulation impacts are significant and adverse; therefore, the City Council adopted a statement of overriding considerations. The project is consistent with the General Plan and as to those effects, no additional environmental document is required The project is consistent with the City-Wide Facilities and Improvements Plan, the applicable local facilities management plan, and all City public facility policies and ordinances since: a) The project has been conditioned to ensure that building permits will not be issued for the project unless the District Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the District Engineer is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. b) All necessary public improvements have been provided or are required as conditions of approval. c) The developer has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and PC RES0 NO. 3802 -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 5. 6. 7. 8. 9. 10. 11. payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 19. That the proposed development as described by Master Plan (MP 177) is consistent with the provisions of the General Plan and any applicable specific plans, in that the areas of the project are designated for tourist-related recreational commercial uses, all parking areas have proper circulation and landscaping, and the existing native habitat is being maintained. 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, in that all required public improvements are in place or will be in place prior to occupancy of any portion of the resort project. That the residential and open space portions of the community will constitute an environment of sustained desirability and stability, and that it will be in harmony with or provide compatible variety to the character of the surrounding area, and that the sites proposed for public facilities, such as schools, playgrounds and parks, are adequate to sene the anticipated population and appear acceptable to the public authorities having jurisdiction thereof, in that no changes to such are proposed with this master plan amendment. That the proposed commercial and industrial uses will be appropriate in area, location, and overall design to the purpose intended, that the design and development are such as to create an environment of sustained desirability and stability, and that such development will meet performance standards established by Title 21, in that the hotel, sports center, timeshares and golf clubhouse are of the same architectural theme and are situated without further impacts into their surroundings. That in the case of institutional, recreational, and other similar nonresidential uses, such development will be proposed, and surrounding areas are protected from any adverse effects from such development, in that all pre-existing separations and buffers between the project and the surrounding areas will be maintained and all necessary infrastructure will be in place prior to occupancy of any portion of the resort. PC RES0 NO. 3802 -3- \= 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 12. 13. 14. That the streets and thoroughfares proposed are suitable and adequate to carry the anticipated traffic thereon, in that the entire project will generate an additional 4,826 trips which can be accommodated on either Alga Road or Batiquitos Lane, having a maximum capacity of 20,000 ADT and 10,000 ADT, respectively. That any proposed commercial development can be justified economically at the location proposed and will provide adequate commercial facilities of the types needed at such location proposed, in that the fiscal analysis for the hotel, sports center and timeshare project indicates an economic benefit to the City and the hotel, sports center and timeshare villages will contain ancillary commercial uses to serve their respective visitors. That the area surrounding the development is or can be planned and zoned in coordination and substantial compatibility with the development, in that the Aviara Master Plan (MP 177) is already organized to provide open space buffering or intervening streets between the proposed resort development and surrounding residential development. Plannine Conditions: 1. The Planning Commission does hereby recommend approval of the Major Master Plan Amendment (Exhibit “XXX”, dated September 20, 1995) for the Destination Resort Project entitled “Four Seasons Aviara Resort” (Exhibits “A - “SSS”, dated September 20, 1995) on file in the Planning Department and incorporated by this reference, subject to the conditions herein set forth. Staff is authorized and directed to make or require the Developer to make all corrections and modifications to the Master Plan Amendment documents, as necessary to make them internally consistent and conform to City Council’s final action on the Project. Development shall occur substantially as shown on the approved exhibits. Any proposed development substantially different from this approval, shall require an amendment to this approval. 2. Approval of MP 177(0) is granted subject to the approval of LCPA 90-03(A), SDP 86-02(B), CUP 90-05(A), CT 95-02, PUD 102(A) and HDP 95-11. MP 177(0) is subject to all conditions contained in Planning Commission Resolution Nos. 3803, 3807,3806,3804,3805,3809 for LCPA 90-03(A), SDP 86-02(B), CUP 90-05(A), CT 95-02, PUD 102(A) and HDP 95-11, respectively. 3. Prior to approval of the grading permit or building permit, whichever occurs first, the Developer shall receive approval of a Local Coastal Program Amendment issued by the California Coastal Commission that substantially conforms to this approval. A signed copy of the Local Coastal Program Amendment must be submitted to the Planning Director. If the approval is substantially different, an amendment to Major Master Plan Amendment shall be required. PC RES0 NO. 3802 \3 -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 General Conditions: 4. If any of the foregoing 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 modi@ 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; 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 Resolution. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 20th day of September, 1995, by the following vote, to wit: AYES: Chairperson Welshons, Commissioners Savary, Noble, Nielsen, Emin, Monroy and Compas. NOES: None ABSENT: None ABSTAIN: None KIM fVELSHONS, Chairperson CARLSBAD PLANNING COMMISSION ATTEST . HOLZM~LER PC RES0 NO. 3802 -5- 4 - -: EXHIBIT "XXX" DATEDsEP~ER20,1995 3 ; SU- 19 3 8 4 .- 9 i S"? ;d c EXwlerT v-1 73 ===ua!k Thin 171.5 aero plraning includoa a privata 18-holo championship golf courao 1ocat.d along tho north rho- of tho lagoon and in throo of tho canyon. to tho norfh of tho lagoon. A driving rango, clubhoua. and rolatd parking faci1itF.a aro locatd along Pacific Rh Drivo. Sm 0-9 All dovolopaunt in Planning koa 1 rhall conform to tho rtanduda of tho 0-S Open Spaco ton. (Carlabad Municipal Cod., Chaptor 21.33) unloar othorviro notd in thin chaptor. - 18-holo golf courro Drivina Rango Maximum of 30,000 aquuo foot golf courro clubhouao which will includo: Dining Roea Loungo Grill Pro Shop Adminiotration Lockor ROOQ. Cart rad bag Storago OthOr SOhtOd u.U 2,000 0.f. 1,300 a.f. 700 r.f. 1,030 a.f. 700 a.f. 3,000 r.f. 5,500 a.f. 16,500 r.f. - Tho following uroa aro allond within tho Golf Courro Planning koa: aa 18-holo golf courmo, a driving rango, a golf courao clubhouao which includoa a pro ahop, adminiotr8tivo officor, dining room, loungom, cart atorago, lockor rooma, urd my otbr rolatod accooaory uroa or rtructuroa dotorminod to k conaiatont with a typical golf courso operation by tho Planning Director. - A City Muaagor'o conditional UH permit rhall k roquirod for any major or proforoional golf tournamonto hold at tho golf COU~OO. muiu Tho murippup hoight of th. clubbouoo ahall not axcod 28 foot. Accoaoory atructuror rhall not OXC..~ 14 foot. All bight. ohall bo dotominod por Section 21.04.065 of tho Carlrbad Munic ip.1 Cod.. Setback.r Tho clubhouao atructuro ahall k a minimum of 50 foe+ fra tho od90 of curb of P8CiffC Rim Drivo and 175 foot from tho Batiquitoa Lagoon wtlanda boundary. Clubhouro puking facilitior ahall bo a minimus of 20 foot from d90 of curb of Pacific Rla Drivo and .hall be locatd bolow tho grad0 of tho adjacent olovation~ of Pacific Rim Drivo. 74 ua.kuu All coamunity-uido doaign atandud. damcribad in Soction A of Chaptor IV ah811 bo .mbodiod in tho architocturo of thfq pluming uoa. Tho follouinq apocific guidolinoa ahall rho ba includod for thim planning arm81 Tho rtructural longth of tho clubhouao pu8ll.l with La Coat& Avonuo ahall not oxcd 200 foot mrx5mum. * Duo to it8 cloao proxhity to tbo lagoon and bocauro it fa highly viriblo from many offrito a8 -11 am onrito location#, rpocial car. rball bo talcon to onsuro that all olovationr of tho golf cour80 clubhouro uo canpatFbl0 with tho uchitocturo of tho hotol. Strong architoctural roliof foaturoa ahall bo incorgoratod into tho doafgn of tha clubhouso. All out building. (mainton~nco, romtrootlu, otc.) rhall bo cocnpatFblo with tho uchitocturo of tho golf'clubhouao. - Tho golf courmo clubhoumo will ham an onhmcod ontranco at Pacific Rim Drivo. Eaashxu Opon foncfng of 4 uniform domign amy bo locatod along tho d9.m of tho golf coutm on adjacont planning aroam. LmdRsmu All cotarunity-uida lurdmcap. rtandudm domcrib.d in Section A, CaPrunity Domign tlatont8 of Chaptor IV ahall bm incorporated into thim pluming urn. In addition, tho following apcific landmcap. concoptm ahall bo inc1ud.d in tho dmlopwat of thi8 pluming uoa: . Viwm to and fra tho golf courmo, lagoon, La Co8t8 Atnnua urd Pacific Rip Drivo mtwt bo promonmd. * C-n 8trut.oap. uoam ahall conform to c-nfty requir.~.nto. Stroot ttoaa, landacap. planting Latoamity ronor, paving, ontry wnumontr, irrigation mymtamm, wallr , foncom, lighting, otc., hva boon prodotoraainod to prorido conmirtency in dorign . quality. A fire aupprommion sono rubjoct to tho 8pprOV.l of tho Planning Diractor and rite Xuahall ahall k omtabliahod botwoon nativo uoam and atructurom. Tho fir0 aupproaaion plan ahould incorporato structural 8otbackm froa nativo uoaa in coebination with a progru of aoloctivo thinning of nativo voqotatioa rubjoct to tho approval of tho Pluuriag Diroctor. \ 9 76 l4aaicur.d fairuays and gtoons will bo urd with natioo or naturalitod gragaa. aad 8890 acrub in rough ~0.0. ~xirting trooa ahall bo pre80rP.d to tho ertont porsiblo and ~loctivoly prunod. Eucalyptus, native rycrmoro and poplar tt-8 shall k introducd. Wator featuror rhall provido a virual connoction to Batiquitoa Lagoon. Pull landscaping Of tho clubhou80 and a88OCilt.d 8ftuCfUt.8 8h.u bm inC0rpOrat.d to rofton viws froQ Pacific Rho Drivo and La Corta avonua. All parking &roam along Pacific Rho Drivo 8hall bo rocorrod bolow tho grad. of h minhum 320 Pacific Rim Drivo and fully land8cap.d to #croon thom froa VFWm. rquaro foot landrcaped i11and rhall bo providod for evory ton parking rpacor. S_tr..f: Tho 8tylO of rtroot troos in Planning Aroa 1 rhall bo Fnfornul. Tho dominant rtteot treo rhall ba tho oxisting eucalyptus. Supporf troos my includo Wostorn Cettond (POpulU8 frmnccti). QRMAaus: With tho oxcoption of tho clubhouro, out buildings and 8srociat.d parking uoa, all of thir planning aroa rhall bo mintainod as own rpaco by tho golf coutro mnagoment. Traflr: A continuous trail rystw rhall be 1ocat.d along tho notth rhoro of Eatiquitos Lagoon, consirtont with that approood as put of tho Batiquitos Lagoon InhMCabont Plan. saaahs: No grading or dovologlwnt (uclusivo of tho public accoss trail along tho lagoon rhormlino which rhall bm consistont with tho Lagoon Inhancoment Plan) rhall bo allOUd within 100 feot of tho wotland boundary. Any dovolopownt within this pluming uoa rhall comply with tho City'. Billstdo Dovolo~nt Regulations and tho 810- urd rosourco prosorvation policios of tho undorlying local coastal program and 8Ubs0q~Ont coastal pomait. my application for dovolopont within thi8 planning aroa rhall r.quiro a slop anaAysia/biological rowurco map during Sit. Dovoloplll.nt Plan roviw . n PLANNINGARE A 2a: HG,dL DESCRIPTION: This -20.3 acre planning area includes a destination resort hotel and related accessory uses, including a parking garage. DEVELOPMENT STANDARDS: C-T All development in Planning Area 2a shall conform to the standards of the C-T Commercial Tourist zone (Carlsbad Municipal Code, Chapter 21.29) unless otherwise noted in this chapter. USE ALLOCATION: Guestroaare : Main Building 336 roams 1- 689iesats sn ds Banquet/Conference Facilities: Xain Building 36,000 s.f. 1. , Two restaurants not to exceed ~10,000 square feet with additional terrace seating. within the main building with a floor area The restaurants shall not include any signage along the exterior of the hotel structure, nor shall +they include a separate access way from the hotel's exterior. The reetaurants shall be oriented to the interior of the hotel. a3 id--?-, .*I Parking structure. Other associated hotel uses internal to the hotel structure. PERMITTED USES : Hotel and accessory uses commonly associated with a full service hotel which could include, but are not limited to: restaurant, coffee shop, lounge, health club, ballroom, banquet rooms, meeting rooms, administrative offices, timeshare marketing and administrative offices, and retail uses (not to exceed 6,000 8. f . ) provided for the convenience of hotel guests when located within the hotel structure(8). SITE DEVELOPWENT STANDARDS: Heiaht : The maximum height of the main hotel structure shall not exceed s 53 feet per the City's Ordinance. 53 feet shall be for architectural features only and shall not increase the useable floor area Any portion of the structure exceeding 78 Hot Legend m Entq T- WJUFondng r] Trail Scrnic Point Vkw Oriontatlon Key Map Design Criteria - Planning Area 2A Exhibit VI 3 3% 79 of tho hotel. a ;.- 2: Raighta ahall bo determined per Section 21.04.065 of the Carlebad Municipal cod.. Parkinu : Parking tlqukmnta ahall k as dot- Fn the Puking rraarnA Study, lout Ser8oam Aviazr Rl-rt, Oatad Augur+ 3, 1995. Up to 25* of th8 rrquirmd puking may bo compact space8 with minimum dimension8 of -8.0 fe8t by 15.0 feet. A shuttle aervicm, provided by the hotal, .hall provide transportation betwoen the hotel, resort club, aport8 center, -and golf courae clubhou8e at reasonably scheduled intervals ai approved by the Planning Director. ?ha Sypgta8SiQIU A fir. suppression zona aubject to tha approval of tha Planning Director and Fir. Mushall shall ba e8tabliahed botwman native/naturalfzad aream and atructura8 . Tho f fro auppraaaion plan should incorporata structural aatbacka from natioa area. in coabination with a progrm of aalactiva thinning of nativa vegetation aubject to tho approval of tho Pluming Diractor. t Trees i Tho hotal antry road rhall ba plantad with Haxicm Fan Palm (Waahingtonia robuata). Alga Road will faature Canary Xaland Pina (Pinua curarianaia) aa a thema trea and Weatern Cottonwood (Populus franontili) as a aupport treo. n Ssacr; The alopm uaas of tha hotel sit. ahown on tha Spacial D08fp Criteria axhibit rhall ba ratainad a8 opn apaca and ahall ba maintainad by a comwnity open spac,a maintmanca district. xxAL&L b a-nt of a major c-nity trail ahall bagin at thm trail along Alga Road and continua southward along the hotel entry road mauthmrly through thm opa apace to Planning kea 9 10. This trail ragman+ ahill ba constructed as a condition of daralogwnt for this planning area. Any developant within thin planning area aha11 canply with tha City'. Hillei.de Devolopa~ont Regulations and tho .lop and ra80urca promorvation polici.8 of th8 underlying local coaatal program and 6ubaequant coaatal parmit. Any application for devolo~nt within thi8 planning atea 8hll raquito a .lop. analyai8/biological re80urce map during Site D8valopant Plan reviw. 1 Dwawsmm sarving uses. This 46.0 acre planning area includes interval ownership (timeshare) and tourist- DEVgLOPMElOTSTAIODARDS: C-T All developpent in Planning Area 2b shall conform to the standards of the C-T Commercial Tourist Zone (CarlsbadMunicipal Code, Chapter 21.29) unless otherwise noted in this chapter. USE ALLOCATIW: A maximum 240 timeshare units. A maximum 26,000 square foot reception and recreation building. Freestanding accessory and maintenance buildings. Surface parking areas. Permitted Usee: Timeshare unite and accessory tourist uses, including reception, sales, recreation and maintenance, subject to the following conditions: 1. Except for the requirement of a conditional use permit, the timeshare project must comply with the provisions of Section 21.42.010(10) (C.M.C. ) . 2. If the proposed project cannot be successfully marketed as a timeshare project, the development shall be converted to a hotel use in conjunction with the hotel in Planning Area 2A subject to a meter Plan Amendment and all conditions of Section 21.42.010(11)(A)(I) and (11). 3. The maximum time increment for recurrent exclusive use of occupancy of a timeshare unit shall be four (4) months. A note indicating this requirement shall be placed on the final map. The seller of the timeshare units shall disclose this maximum time increment to all potential buyers. SITE DEVEL0 P"T STANDARDS: The maxinu height of all structures is 35 feet. Heights shall be determined per Section 21.04.065 of the Carlsbad Municipal Code. Parkinu: Parking requirements shall be a minimrun of 1.2 spaces per timeshare unit. A shuttle service, provided by the Hotel, shall provide transportation between the hotel, reeort club, sports center, and golf course clubhouse at reasonably scheduled intervals as approved by the Planning Director. Fire SuDDreseion: * A fire suppression zone subject to the approval of the Planning Director and Fire Xarshall shall be established between native/naturalired areas and structure8 . The fire suppression plan should incorporate structural eetbacka from native areas in combination with a program of selective thinning of native vegetation subject to the approval of the Planning Director. ODen Space: The slope areas of the Planning Area 2b site shown on the Special Design Criteria exhibit shall be retained as open space and shall be maintained by a comrmnity open space maintenance district. 80a Trails : A segment of 8 major community trail shall begin at the trail along Alga Road and continue southward along the hotel entry road southerly through the open space to Planning Area 10. condition of development for this planning area. This trail segment shall be constructed as a G- Any development within this planning area shall comply with the City’s Hillside Development Regulations and the slope and resource preservation policies of the underlying local coastal program and subsequent coastal permit. Any application for development within this planning area shall require a slope analysisfiiological resource map during Site Development Plan review. 80b Legend Sceqic Point @ Key Map r- 'A ._ Trail View Orfentrtlon Q Design Criteria - Planning Area 26 Exhibit V- IO 3h HUMW of Loo multi-family reaidmntirl unit.. (3.1 CU/XC) ?t~vate rocreation facilities shall tm required Ln thtr us, PS. Hulti-family teaidential housing. Recreational facrlities. / / The -hum height shall not exceed 35 feet. herphtr 8haLL Heicrhf: area. be determined 1 Code. At least 50% of the re than two rtoriea in hmight. Whmro three story rt~ctures azo pr , adequate 8tnrctural relief and 8tructure to reduce the mass. .d tor all atntcturor 39 foet ftan hlga Road front yard setback. rhall h por Sectron ildfngs ahall ba located a minu of 20 fmt planning uea boundary. A ainhum building 8.prration of 10 feet rt~cturos, 15 feet for 11 bo ratback a mfnm of 20 feet from internal oa attachmd rtntcturms with si-loadod guagm8 my 8g8 uith a 10 k rrtiad to & 15 re -. Puking ahall of the Culabad Xunicipal tywido d.8ign rtanduda de8crib.d Fa Smctioa A of Chapter IV ahall Tho following 8p.ciffC la tho uchftocturo of thfa planning arm.. e8 ahall a180 bm included for this planning area: The uchitacturo of all structure8 ahall bo compatible with that Of 10s DELETE THIS PAGE - Legend / Key Map Sconlc Point Wow 0.rlontmtlon n v -106- DELETE THIS PAGE x11 mi:y-uide Landscrp. standard8 der ia Secioa A, Cnumunity Desiqa Landscaw: z:lcmcnts of -Ctaptet rJ shall bm inc atd into =!!is planning area. :.I addition, =?e follming spocitic Land aonceptr all k inclodad ii ::e developant of *this plurnhg areat CoPanon suntrcap acr all cuaform to mity requitanrurts. Street *aistiag trms tiff& during site oevelopmt Plan review shdl b Ldnd8c.p. bq of t%e hlliiig units -11 t;. inearprated td aften suuCttLtes fr'om Alga aoad, Pacific Rm Drive and La Costa ,Marshal shall k established bet~ma native/natutalized areas -1 07- I DELETE THIS PAGE on w1:cz.s of =?.e t. Any -plication tequxe a slop. -108- 10: SPORTSCF?JTER QEV'ELQ~~ENT srm c-r Davolopmrnt in this planning ar8a rhrll conform to tho rtandarda of tho C-'P Colamrrcial-Tourilt zona (Crrlrbrd Hunicipal Cod., Chaptar 21.29) unlearn othorwirr notad in thir chaptor. YSE AttOCATION; Sportr contor .hall k a maxisum of 52,400 aquuo fmt includiag a romtaura.ut, W 12 togulation tonnir courtr e& Fncludbg on. tennia court with .ut* for -ship aad roaort gumst tmta. A 25 cnatrr pool md 8 rocrutioarl -1. A aportr contor.W mrtauraat not to oxcod and outdoor oating area.. Approxinato U-8 shall Fncludor 5,500 rquuo fort with indoor Auobica 3,700 8.f. Tram umighta/St8tioaary night. 5,300 8.f. -8t8UtMt 4,600 8.f. caf. 1,600 8.f. Othor R0ht.d 0.@8 35,600 8.f. Cypnuirp 2,800 8.f. - Tho following ua.8 uo allowd with tho Sport8 Club Plumfng koa: tonnia court., rwhing pool., urd a hoalth club facility which could Fncludo a ea4e ro8taurant, bu, lorrrrg., pro rhop, aport. boutfquo, boauty ralon, mting rooma, day car., r8cquatbrll court8 and othmr hoalth or fitno88 rolatod rotail urn... - A City nrnrqrt.8 Conditional Urn0 Permit ahall ba roquFt.d for all tournrwnt cornpatitiom a+ tho tonnia facilities of rwhing mot8 at tha pool and diving f ac il iti.8. mLzhu Tho muchum hoight ahall bo 35 feot p.r Section 21.04.065 of tho Culabad Munlcfpal Cod.. S.fb.ck.r All rtructuro8 ahall bm Locatod a minimum of 30 fomt from * Batiquito. orivo. ~hr aport. -tu build- rhrll bo locatod a minimum of 200 foot from tho noaroet roeidontial rtructuro. - 3> Golf Course Country Club Legend Sank Point @ Vkw Orkntatkn Q Key M8p Design Criteria - Planning Area 10 Exhibit V- 1 1 110 park- Parking .hall be as defined in the Parking Demand Study, Four Seaeons Aviua Re8ort, dat- I 2!2, IZ40 AuguPt 3, 1995. A mUhW of 25% of the r0quir.d puking amy be cocnpact space8 with minhUIiI db9n8iO118 of sri 8.0 feet by 15.0 foe+. A shuttle Service, provided by the hotel, shall provide transportation htwoen the Sports Canter, reotaurants, golf cour80, clubhouee and the hotel at reaeonably scheduled lntervala a8 approved by the Planning Director. LandscaD in9 in Parkinu Ar ea : A minimum of 15 percent of the open parking areas shall be landscaped subject to the approval of the Planning Director. SPECIN. DESIGN CRITERIA: Desion: All comunity-wide design standards described in Section A of Chapter IV shall bo embodied in the architecture of this planning =ea. The following apecific guidelines shall also be included for this planning area: Strong architectural relief features shall bo incorporated into the design of the Sports Center. The architectural design shall assure the preservation of viewm from P ’ Eatiquitos Drive and La Co8ta Avenue. The architocturo of the Sportm Center rhall be compatible with that of the hot01 and golf clubhouse. Outdoor courtyard., patios and plaza8 8hould be included. * Special attention ahall bo givon to the incorporation of tho adjacent open 8prco area am an amenity to tho planning aroa. EDt- Treatment : A 8econdary entry treatment .hall b8 locatod at the inter8oction of P 8atiQuit08 ad - Kingfieher Raad. All community-wide lurd8cap. 8tandardm described in Section A, Coamunity Derign Elea?ants 0.f Chapter IV shall be incorporated into this planning area. In addition, the following .pacific landscap concept8 rhall be included in the d8velOmnt8 Of +hi8 planing area: L8nd8capm 8craaning of the Sport. Center, including the u88 of rpmchn troes, .hall bo incorporated to rotten the viw of the.. 8tructurer from Batiquitos Drivo and La Co8ta Avenue. *. * Views to and from the golf course, lagoon, Batiquitos Drive and La Comta Avenue shall be preserved. A Lis. rupvrerrion ton. subject to tho approval of tho PLainq Dumctor and FFra Muahall ahall be eatrb1irh.d batwc.n nativa/natutallzod =oar and stnctufed . Tho f ita rupprarrlon plan ohould incorporato structural setbacks ftcm nativo uoam in COmbination wLth a program of aelactiva thLMing of nattva vegotation rubject to tho approval of tho Planning Ditactor. Ooen Snacu All open apace uaa8 shall bo Landscaped as dasctLDod in thm Landscapo section &ova . rtatls: A portion of tho Stream and Lake Trail, which axtond8 from Alga Road to W M Batiquitoo DrFva, Fs Locatod within thi8 planning area. Tho onmFto rogmont rhall bo con8truct.d a8 a condition of dovelopmont of this planning =ma. Any dovalogmont within this planning azo8 ohall comply with tho Cfty'r Hiflrida Dovelopant Roqulationa urd tha rlop urd romoutco prororp8tion policiar of tho undorlying Local coamtrl progrrn urd aubr.quant coartal p8rmit. Any applfcation for dovolopmnt withfn thi8 plurninq area 8hll twka 8 rlop. analyaim/bAologFc81 ramousca map during Sit0 Dovolop~.nt Ptrn rmViW. .. DELETE THIS PAGE mm STma . c-r All development in Pluming her 11 shall cgnforn to the atan Commercial Tourist tone (CazLsbad Huntergal code, Ckaptor 21 29) nOtd th~8 chaptat. not to urceed 10,000 rq. ft. rncludrng rndoot and outd eatLnq uoas and r0ht.d rCCa88Ory Use8 1LSt.d below. rolatd accorsory retail us.8 such a8 beerier foctFonery rhopr. Other munilas uses are a1low.d upon tho approval Planning Director. An 8rchLtectural thana tower located neu th tor elmmnt8 ahall also bo p8rmitt.d. This th- tower shall not incl 08 is 30 fO8t 88 doteminad by Sectlon luabu rho maelmum height Ln this 21.01.065 of the Cuhbad M Setbacks i Tho disturco botwmn 8truct hall not bo 1.8. thaa 50 hat. All structure8 fwt from 'L' Str-t and all puking shall bo LOC8t.d 8 m-frnun Ot 20 from 'L' Stroot. All stmactbuer shall bo locatod a ainhum of LO foot fr urning kea bound-. v - No outdoor rtoragm 1 k acrmond froa the la90011, mtroatm and p0demtri.n uoaa. Loading uou 113 DELETE THIS PAGE 4 I 'I '! \/ Legend ".. / 3canre Polnt VIOW Ortantallon Key Map Desian Criteria - Planning Area 11 Exhibit V-12 I DELETE THIS PAGE 3 as rgn : AIL csmmunr:y-urde design rtandu 3. cmbodred a che acchrzwxxre g.t;2elzaa shalL a ucL:Cab for ais ?iannrslq =ea: Outdoor awrtyarCs, ;rrt~or area of Lie vater fearses. Specral attentun shall area as M ammi:y 'LO :!e plurnlng area. Strong architect-Yal re Lieorpotatad Lit0 :!e destgn of t!!o sedtauan preruvation of news fr rm uchituturr of ~50 hotel and Sports Centu. NO testausant wall or ple si-r tntm Treatsmt: A secondary urvy elemant rary k aacific Run Drive. ALL co-ity-vide Landscap. described kr S.ttion A, C-i:y Design Landseaor: k incorporated kit0 t3ir pimnlng =ea. ~n addition,. -0 follaubq fc landscape concepts shall k included ~i t!e ~andrcapo au aUfants ¶hall incorporatad to sftan views Drive d La Costa Avenue. Vie- to se, Lagoon, Pacitfc '9- Drroe urd La Costa tag Site Develapaat Plan reviev shall 5. f to tho approtra of tho Olaanbg Direcwr ablhhcd ktueur mtiVo/nat~uralized areas and suuctuses. The ffre SuppressLon plM should Llcorparate structural sechackr t:am natrve ueas LT oombmat~on vrth a program of selrctrvc t3rnnurq of natrve veqetatron wbyect -a t!e approval of L!e ?Lan~~g 3? -1 15- DELETE THIS PAGE -1 16- 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 3803 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A MAJOR LOCAL COASTAL PROGRAM AMENDMENT TO THE IMPLEMENTING ORDINANCE OF THE MELLO I, MELLO I1 AND EAST BATIQUITOS LAGOON SEGMENTS (AVIARA MASTER PLAN) TO ALLOW THE REVISION OF PLANNING AREA BOUNDARIES AND USES ON PROPERTY GENERALLY LOCATED SOUTH OF ALGA ROAD, BETWEEN BLACK RAIL COURT AND BATIQUITOS DRIVE, IN AVIARA PLANNING AREAS 1, 2,9,10 AND 11, IN LOCAL FACILITIES MANAGEMENT ZONE 19. CASE NAME: FOUR SEASONS AVIARA RESORT CASE NO: LCPA 90-03(A) WHEREAS, California State Law requires that the Local Coastal Program, General Plan, and Zoning for properties in the Coastal Zone be in conformance; and WHEREAS, MP 177 constitutes the zoning for the Aviara Master Plan as well as the implementing ordinance for the subject Coastal Zone property; and WHEREAS, Aviara Resort Associates has filed a verified amendment application to the Local Coastal Program with the Planning Department; and WHEREAS, said verified application constitutes a request for a Local Coastal Program Amendment as provided in Public Resources Code Section 30574 and Article 15 of Chapter 8, Subchapter 2, Division 5.5 of Title 14 of the California Code of Regulations (Coastal Commission Administrative Regulations); and WHEREAS, the City in compliance with State Administrative regulations opened a six week public review for the proposed LCP amendment; and WHEREAS, the Planning Commission of the City of Carlsbad, on September 20, 1995 held a public hearing to consider the recommendations and heard all persons interested in or opposed to Local Coastal Program Amendment LCPA 90-03(A); 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 c NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of Local Coastal Program Amendment, LCPA 90-03(A), according to Exhibit "YYY", dated September 20,1995, attached hereto based on the following findings and subject to the following conditions: Findinps: 1. 2. 3. 4. The Planning Commission finds that: a) the project is a subsequent development as identified in Section 210833 of the California Environmental Quality Act; b) the project is consistent with the Aviara Master Plan (MP 177); c) there was an EIR certified (EIR 83-02(A)) in connection with the Aviara Master Plan (MP 177); d) the project has no new significant environmental effect not analyzed as significant in the prior EIR (EIR 83-02(A)); e) none of the circumstances requiring Subsequent or Supplemental EIR under CEQA Guidelines Sections 15 162 or 15 163 exist; The Planning Commission finds that all feasible mitigation measures or project alternatives identified in the EIR (EIR 83-02(A)) which are appropriate to this Subsequent Project have been incorporated into this Subsequent Project. The City's MEIR found that air quality and circulation impacts are significant and adverse; therefore, the City Council adopted a statement of overriding considerations. The project is consistent with the General Plan and as to those effects, no additional environmental document is required. The project is consistent with the City-Wide Facilities and Improvements Plan, the applicable local facilities management plan, and all City public facility policies and ordinances since: a) The project has been conditioned to ensure that building permits will not be issued for the project unless the District Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the District Engineer is satisfied that the PC RES0 NO. 3803 -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 5. 6. 7. 8. requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. b) All necessary public improvements have been provided or are required as conditions of approval. c) The developer has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 19. That the proposed Local Coastal Program Amendment is consistent with all applicable policies of the Mello I, Mello I1 and East Batiquitos Lagoon segments of the Carlsbad Local Coastal Program, in that all areas of steep slopes and native vegetation are being preserved, all deed restriction trade-offs result in improved and increased acreage of coastal resource areas, and the tourist-related recreational commercial uses onsite are increasing and diversifying. That the proposed amendments to the implementing ordinance of the Mello I, Mello I1 and East Batiquitos Lagoon segments of the Carlsbad Local Coastal Program are required to maintain consistency between the Aviara Master Plan and the City’s Local Coastal Program. I Plannine Conditions: 1. The Planning Commission does hereby recommend approval of the Major Local Coastal Program Amendment (Exhibits “W, dated September 20, 1995) for the Destination Resort Project entitled “Four Seasons Aviara Resort” (Exhibits “A - “SSS”, dated September 20, 1995) on file in the Planning Department and incorporated by this reference, subject to the conditions herein set forth. Staff is authorized and directed to make or require the Developer to make all corrections and modifications to the Local Coastal Program Amendment documents, as necessary to make them internally consistent and conform to City Council’s final action on the Project. Development shall occur substantially as shown on the approved exhibits. Any proposed development substantially different from this approval, shall require an amendment to this approval. PC RES0 NO. 3803 A3 -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 2. Approval of LCPA 90-03(A) is granted subject to the approval of MP 177(0), SDP 86-02(B), CUP 90-05(A), CT 95-02, PUD 102(A) and HDP 95-11. LCPA 90-03(A) is subject to all conditions contained in Planning Commission Resolution Nos. 3802, 3807,3806,3804,3805 and 3809 for MP 177(0), SDP 86-02(B), CUP 90-05(A), CT 95-02, PUD 102(A) and HDP 95-11, respectively. 3. Prior to approval of the grading permit or building permit, whichever occurs first, the Developer shall receive approval of a Local Coastal Program Amendment issued by the California Coastal Commission that substantially conforms to this approval. A signed copy of the Local Coastal Program Amendment must be submitted to the Planning Director. If the approval is substantially different, an amendment to City- issued Major Local Coastal Program Amendment (LCPA 90-03(A)) shall be required. General Conditions: 4. .... .... .... .... .... .... .... .... .... .... .... If any of the foregoing 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; 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 Resolution. PC RES0 NO. 3803 -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 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 20th day of September, 1995, by the following vote, to wit: AYES: Chairperson Welshons, Commissioners Savary, Noble, Nielsen, Emin, Monroy and Compas. NOES: None ABSENT: None ABSTAIN: None KTM’WELSHONS, Chairperson CARLSBAD PLANNING COMMISSION b Planning Ddector “I PC RES0 NO. 3803 -5- SUMMARY EXHlelT 11-3 1 U E Exwierr v-1 73 Q===uQu Thim 171.5 aero pl.aning inc1ud.a a privata 18-hol0 eh.rPpionahip golf COU~~O locatad along tho north rhorm of tho Lagoon and in thfao of tho canyon@ to tho north of tho Lagoon. A driving rango. clubhouro and rm1at.d parking facilitiaa aro 1ocat.d &long Pacific Rim Drive. ms; *s All dovelopnont in Planning hraa L rhall conform to tho rtandudm of tho 0-S Opn Spaco zona (Clrl8b.d Xunicipal Cod., Chaptor 21.33) unlaaa othorwiro nota in thir chaptor. - 18-holo golf courso Drivina Rag. Maximum of 30,000 rquuo faot golf courro clubhouro which will includor Dining Ra# Loungo Grill Pro Shop Adminiatration Loc kor R-8 Cart md bag Storago Othu rmlatod u.u 2,000 a.f. 1,300 a.f. 1,030 r.f. 3,000 ..f. 1,500 a.f. 16,500 a.f. 700 8.f. 700 8.f. v Tho following uaos aro all& within tho Golf Coutro 0l.aninq koas 111 18-holo golf cour80, a driving rango, a golf courro clubhouao which includ.8 8 pro ahop, adminiatrativo officor, dining roan, loungos, cart atorago, lockor room., and ury othor r01at.d accosrory uaoa or rtructuraa dotorminod to bo conaistont with 8 typical golf COUISO opr8tion by tho Planning D iractor . - A City Mmagor*s conditional UH pornit ahall bo rquirad for 8ny major: or profaraional golf tournamonta hold at tho golf COU~:~.. mmLL Munic ip.1 cod.. Tho muhum hright of tho clubhouao rhall not axcod 28 foot. not oxcoed 14 fwt. Acc~s8oy atructurma rhall All bight8 ahall bo datonaind p.r Section 21.04.065 of tho Carlrbad Setback.r Tho clubhouro rtructuro ahall bo 8 minimum of 50 foot from tho OdgO of curb of Pacific Rim Drivo and 175 foot from tho Batiquitoa Lagoon wtlmdm boundary. Clubhouao puking facilitiaa aha11 bo a minimup of 20 faat from odgo of curb of P8CfffC Ab Drivo ad rhall bo locatod bolow tho grad0 of tho 8djacant olovations of P8cific Rim Drfvm. 74 Q!aakuL All community-.uido doaign rtanduda doacribd in Section A of Chaptor IV 8h.u bo anbodied in tho architocturo of thi8 planning u8a. Tho FOllowFng 8pWifiC guideline. .hall rho ba includod for thi8 planning aroat Tho atructural longfh of tho clubhouao p~rallol with La Coata Avonue .hall not exceed 200 toot murimum. Duo to ita cloao proximity to tho lagoon and bacauao it fa highly virible from many oftaitm aa -11 a0 onaito locations, rpci~l car. rhall bo takon to onauto that all olmv8tFona of tho golf cout80 clubhouaa UO CmWt-lO with the uchitocturo of tho hotol. Strong architoctur8l roliof foaturoa rhall bo inco~catod into tho dooipn of tho clubhouao. All out buildinga (mainton~ncm, roatr00~a, etc.) ahall b. compatFb10 with tho archltocturo of tho golf’ clubhouao. - Tho golf courao clubhouao will havo 8n onhmcod ontrurco at Pacific Rim Drivo. rc.ncfncrt Opn foncing of a unifom doaign mry bo locatod along tho dgmo of tho golf courao on adjaC8nt planning arm#. Landrc.#r All coarrunity-wido landscap. at8nduda dorcribod in Section A, -aity Domiqn tlmmnta of Chaptor IV ahall bo incorpozatod into thi8 pluming arm.. In addition, tho following rpmcific landacapo concopta ah811 bo includod in tho d.r.lop~.nt of thio pluming uoa: Vi.wo to and from th. golf courao, lagoon, LA Coat. Avonu. urd Pacific Ria Dtivm muat bo pr8aOm.d. Coanon 8tromt.cap. warn ahall conforn to c-nity r.quiraP.nto. Stroat tr:Hr, landacapo plaatiaq iatoaaity zona., paving, ontry monummnts, irrigation ryrtan8 , wallr, foncoa, light-, otc., h~vo boon prodotorminod to prrorido conairtoncy in doaiga quality. A fir. 8upprooaLoa sono aubjmct to tha approval of thm Planning Diroctor and ?LEO Xarahall rhall k ootabliohod betwoon nativo uoaa &nd at~ctur8o. Tho fir0 ruppraaaion plm rhould incorporato rtructural ratback. from nativo uoaa in combination with a pr0qr.P of rolectivo thinning of nativo v.gOtatfoa rubjOct to tho approval of tho Plurniag Dirmctor. Full landscaping of tho clubhouro and arrociatad rtructurms 8h.U bo incorporatad to aofton viwr from Pacific Rim Drlvm and La C0.t. avonuo. All parking armas along Pacific Rh Drivo rhAl1 bo rmcmrrod bolow tho grad. of P&cific Rim Dtivm and fully landscaped to rcrmon th.o from vlmwm. A minimum 320 aquare fa*+ Landrc&pd bland shall bo provide for .vary ton parking rpacmm. -8 Tho rtylo of rtroot trmam in Pluming Arm. 1 rhall bo informal. Tho dominant atr8.t tram rhall bo tho mxirting oucalyptur. Support trmos may includo Wostorn Cottonwood (Populus f romcxfi). QQmama: With tho mxcoption of tho clubhouro, out buildings and aarociated p8rking Uma, a11 of this planning arm. shall bo Puintainod ar opn space by tho golf courro amnag.rp.nt. Ttailr: A continuour trail ryrt.0 rhall bo locatad along tho north rho?. of Batiquitor Lagoon, conrirtmnt with that approvd &s plrt of tho 8atiquitos Lagoon SnhAnCahont Phn. Gtadfnal No grading or dovolo~nt (orclusivo of tho public aceass tr8il along tho lagoon rhotalino which rhall bo con8imtmnt with thm Lagoon tnhurcemont 01811) rh8ll bo &llond within 100 feot of tho wotlmd boundary. Any dovolop~.nt within thfr pluming aroa sh~ll capply with thm City's ffillrido Dovoloprpl.nt Roqulations and tho rlopm and resourco prmrorstation policioa of tR. undorlying local C0&8taL atma rhall roquiro 8 slop analymir/bioloqical rowurco map during Sit. Dovolopl~.nt P1M tmviou. ptogrM and oubrequont COA8tAl pmit. Any &pplication for dovolopont within thf8 pl&nning PLANNING AREA 2a: HOIL DESCRIPTION: This -20.3 acre planning area includes a destination resort hotel and related accessory DEVELOPMENT STANDARDS: C-T All development in Planning Area 2a shall conform to the standards of the C-T Commercial Tourist zone (Carlsbad Municipal Code, Chapter 21.29) unless otherwise noted in this chapter. USE ALLOCATION: Guestrooms : Main Building 336 roans 1- u 90 - 4, Banquet/Conference Facilities: Main Building 36,000 s.f. -. I. u , Two restaurants not to exceed -10,000 square feet with additional terrace seating. within the main building with a floor area The restaurants shall not include any signage along the exterior of the hotel structure, nor shall ++they include a separate access way from the hotel's exterior. The reataurants shall be oriented to the interior of the hotel. Parking structure. Other associated hotel uses internal to the hotel structure. PERMITTED USES: Hotel and accessory uses commonly associated with a full service hotel which could include, but are not limited to: restaurant, coffee shop, lounge, health club, ballroom, banquet rooms, meeting rooms, administrative offices, timeshare marketing and administrative off ices, and retail uses (not to exceed 6,000 s . f . ) provided for the convenience of hotel guests when located within the hotel structure(s). SITE DEVELOPMENT STANDARDS: Heiaht : The maximum height of the main hotel structure shall not exceed 345 53 feet per the City's Ordinance. Any portion of the structure exceeding 35 53 feet shall be for architectural features only and shall not increase the useable floor area 78 Hot Legend Sonic Point V1.w Orkntatlon Key Map Design Criteria - Planning Area 2A Exhibit V- 3 53 79 of tho hotel. 25 Hoightm ahall be determined per Section 21.04.065 of tho Carlebad Municipal -0. Parkinu : Parltimg requireppsnts shall bo u defined in the Parking r\aarnd Study, rout Seamum ~viarr ~soort, Dated hgurt 3, 1995. Up to 25% of the rewired parking may bo compact space8 with minimum dimensions of -8.0 feet by 15.0 feet. A shuttle aervice, provided by the hotel, .hall provide transportation between the hotel, resort club, 8port8 center, -and golf coursa clubhouee at reasonably scheduled intervals as approved by the Planning Director. Iire Sumreseioni * A fire mupptaasion zone subject to tho approval of the Planning Director and Fire Hasshall ahall bo established betwoon , nativo/naturalitod aroas and structures. Tho fir. 8uppre8mion plan should incorporata 8tructural setback8 from native area8 in CoPrbination with a program of 8olectivo thinning of nativo vegetation subject to tho approval of tho Planning Director. street Trees i Tho hot81 entry road 8hall bo plantd with Mexican Fan Palm (Wa8hingtonia robusta). Alga Road will featuro Canary Island Pino (Pinu8 canarien8ia) as d theme treo and Weatern Cottonwood (Populus fremontili) as a support tree. men SDace: The 810- ueas of tho hot01 sit. 8h- on tho Spacial Dosign Criteria oxhibit shall bo tmtainod a8 op.n apaca and #hall bo maintainod by a comnunity open spacp amintenanco district. Trails: h segmont of 8 major cammrnity trail shall begin at tho trail along Alga Road and continua southward along the hotel ontry road mautharly through tho olperr apace to Planniag Arm8 9 10. Thi8 trail raqmont ahill bo Constructed a8 a condition of dovologllunt for thi8 planning uea. Grad- Any developwnt within this planning area shall comply with the City'. Hillride Developmont Regulationm urd tho #lope and resource promorvation policies of tho underlying local coaatal program and rub8equent coa8tal permit. Any application for devolo~nt within this planning araa ahall require a 810- analyei8/biological r88ourcm map during Site Dmv81opmont Plan toview. - PLANNING AREA 2b: AESORT CLUB DESCRIPTION: This 46.0 acre planning area includes interval ownership (timeshare) and tourist- serving uses. DgVgU)PXBNT STANDARDS: C-T All development in Planning Area 2b shall conform to the standards of the C-T Cambercia1 Tourist Zone (Carlsbad Municipal Code, Chapter 21.29) unless otherwise noted in this chapter. USE ALLOCATION: A maximum 240 timeshare units. A maximum 26,000 square foot reception and recreation building. Freestanding accessory and maintenance buildings. Surface parking areas. Permitted Uses: Timeshare units and accessory tourist uses, including reception, sales, recreation and maintenance, subject to the following conditions: 1. Except for the requirement of a conditional use permit, the timeshare project must camply with the provisions of Section 21.42.010(10) (C.M.C.). 2. If the proposed project cannot be euccessfully marketed as a timeshare project, the development shall be converted to a hotel use in conjunction with the hotel in Planning Area 2A subject to a Master Plan Amendment and all conditions of Section 21.42.010(11)(A)(I) and (11). 3. The maximum time increment for recurrent exclusive use of occupancy of a timeshare unit shall be four (4) months. A note indicating this % requirement shall be placed on the final map. The seller of the timeshare units shall disclose this maximum time increment to all potential buyere. SITE DEVELOPMENT STANDARDS: The maximum height of all structures fa 35 feet. Heights shall be determined per Section 21.04.065 of the Carlsbad Municipal Code. Parkinu: Parking requirements shall be a minimum of 1.2 spaces per timeshare unit. A shuttle service, provided by the Hotel, shall provide transportation between the hotel, resort club, sports center, and golf course clubhouse at reasonably scheduled intervals as approved by the Planning Director. Fire SupPression: * A fire suppression zone subject to the approval of the Planning Director and Fire Marshall shall be established between native/naturalized areas and structures. The fire suppression plan should incorporate structural setbacks from native areas in combination with a program of selective thinning of native vegetation subject to the approval of the Planning Director. ODen Space: The slope areas of the Planning Area 2b site shown on the Special Design Criteria exhibit shall be retained as open space and shall be maintained by a canrmnity open space maintenance district. 80a Trails : A segment of a major community trail shall begin at the trail along Alga Road and continue southward along the hotel entry road southerly through the open space to Planning Area 10. This trail segment shall be constructed as a condition of development for this planning area. Grading : Any development within this planning area shall comply with the City’s Hillside Development Regulations and the slope and resource preservation policies of the underlying local coastal program and subsequent coastal permit. Any application for development within this planning area shall require a slope analysis/biological resource map during Site Development Plan review. 80b Legend Key Map Sceqic Point Vlcw Oriontatlon a I Trail Design Criteria - Planning Area 2B Exhibit V- 10 noted x tnra chapter. Xrrrlmum of LOO multi-family reaidencia1 unit.. (3.1 SU/XC) ?rrvato rocreation facilitrea shall be requrred Lrr :h~s 2Ldn Jag f 2VYJyT-pD 'JSFS: Xultr-family residential housing. Recreatronal facrlitieo. / / T'ha maximum haight shall not exceed 35 feot. / All herghta mhall He iaht : -ea. bo deternixed per Sectron At leaat SO* of tka rt~ctutem in this Planning kaa ahall a thur two atoriea in height. Whero thraa structural relief and rooflina vu urm to raduco tho mara. . Setbacks A rntnisrum S&foot landreapad ahall bo maintained for all atructuroa along Alga R back a mininrrUn of 35 fa8t from Alga Road prov id& that ratbacks aha11 ba pot Sectron 2L.LS.O9O(b) building. ahall ba located a minkaum of ndry. A min- building sepuation af 10 faa ba maintain& for ontstory rtmxturma, 15 feot for one and twatory at a and 20 faat for two or mor0 atory atzucturma. All atructuraa md pu hall bo ratback r mfnm of 20 feet from tnternal straots. Eowmvu, on attachrrd .tructuros vith Sfdo-108dod grtagoa may k VufOd t0 8 u Via 8 10 foot Puking aha11 ora to tha rtanduda of Chaptar 21. bcI OF tha Culebad Xunicipal Coda. / ty-uido domfqn atandarda daacribad ha See'ion A of Ch8pt.r XV ahrll La tho uchitactura of this planing uoa. Tho following apaciflc ahall rho bm Facluded for this planning uoat LO5 h DELETE THIS PAGE Legend / 3conic Point VI ow 0.d en t t t on Key Map DELETE THIS PAGE along par-rons of XlSa xoad ddyacent dcVa1op.n:. Et reqUAred, t!!e solid msonri vdl, cu%?.n am or cambination and/or tlanniig AC~A 10 ta ~!e south. Landscaw: All - izy-wide Landscap. standuds ad in SWd08 A, Community Ocsigz concepts shall k includad i? ::e developat of *Air plumkig are81 View to and from =!!e gol sar LaQwn, ALga Road, P8ci~tc 3t27e Common strrttrcrpa acr all onform to mlramuity raquarsmurts. Street tzees, Laadscap. p g hturri:y tonesr p.ving, uluy amnuants, irtiqatioa syrtrnu , fencer, LightL?g, ere. hva bra predetermiiad to Fovide cuasirr tiffed duriig Site Developant PLUI review -1 km * idndst8p Q of tfe hiliag units wu dr heorprated to loft- truczures kom Alga aoad, Paci:fc Ria Dtiv8 and La Costa ctur'es. d he fize suppression plan should incorprate suur,.ual from native areas A &ination via a program of selective \ \9 -1 07- DELETE THIS PAGE -1 08- Q==uKQu this 84 11.8 aero r.cr.ation sit4 prmits a cotmuunity morrhip rportr canter which ptovidom rctivo recreation facilitima. DEVELOpmm STWms ; c-r Devolopnont in this planning araa shall conform to tho standards of tho C-t CQ~~rCtdl-TOUri8t zona (Carlabad xunicrpal Cad., Chaptor 21.29) unless othmruisr notad in this chrptmr. USE UoCATrON; Sports centat oU1 k a maximus of 52.600 8quum foot fncludhnq a re8taur~t, S 12 regulation tonnrr COU~~ end fncludlng ono tennis court vith soat- for -.hip aad tosort gua8t t-ts. A 25 mter pool md a rmcrutionrl pool. A 8port8 cantor d t.mtrutaat not to .xCad and outdoor aating armas. Approrimat* asum shall hcludot 5,500 rquu. feot with indoor Auobk8 3,700 8.f. ?rmm wight8/Statioaary wight8 5,300 m.f. Rmmtrutaat 4,600 a.f. cafe 1,600 a.f. cypnuiun 2,800 a.f. Qthor Rolrtad Urea 35,600 a.f. - Tho following u8.m ua alland with tho Sports Club Plumfng Armax tannia court., suhing pool., and A hoalth club facility which could includo a errk dry cat., racquetball eouti and othor hoalth or fitnoam tolatad rotail ua.8. t8&8USUt, brt, I-, PrO .hop, Sport8 boUtfqu0, b~auty ralOn, E-8, - A City Uatmgu*a Conditional U8a Pormit rhAl1 ba r0quir.d for a11 tourn-nt compotitionr at thm tomi8 frcilitima or 8vhfag mmot8 at tho pool and diving facilitiom. Hs&bsA Tho maximum hoight shall bo 35 fmot por Soctton 23.04.065 of tho C.rlsbad nunfcipal Coda. Setback8 i ALL 8tructuroa shall bo Locatod a minimum of 30 fmot from Drivo. tha noareat rosidontial 8tnacturm. ’ B8tiquito. Thm aport8 contu build- rhrll bo located a minimum of 200 fort from b?i .* .. Golf Course Legend m PACIFIC RIM DR Country Club m Entry trem .. .I WllMmdnq Trail SankPOhl Vkw Orkntrton Design Criteria - Planning Area 10 Key Map Exhibit V- 11 110 P arkina : Packing shall br as definod in the Parking Demand Study, Four Seasons Aviara Reaort, dat- 2'. 1948 AU~US~ 3, 1995. A mUbUm Of 25% of the rwir.d parking may be compact space. with minimum dhenaiona of 84 8.0 feet by 15.0 toat. A shuttle service, provided by the hotel, ehall provide traneportation ktwwn the Sports center, tootauranto, golf courme, clubhouoe and the hot01 at reasonably rrcheduled Fnte~al8 as approved by the Planniag Director. LandscaDinu in Parkinu kea: A minimum of 15 percent of the open parking areas shall be landscaped subject to tho approval of the Planning Director. SPECIAL DES1 GN CRIT ERIA: Des ian : All community-wide design otandards described in Section A of Chapter IV shall be embodied in the architecture of thim planning area. Tho following specific guidelines shall also be included for this planning area: Strong architectural relief featuros shall be incorporated into the design of the Sport8 Center. The architectural deoign ehall aseure ' Batiquito8 Drive and the preservation of viewo from P La Costa Avenuo. .. * Tho architocturo of the Sports Center shall be cocnpatible with that . of tho hotel and golf clubhouso. Outdoor COUrtyard8, patios and plazas mhould bo included. * Special attention shall be givon to the incorporation of the adjacent open 8prco are& aa an amenity to tho planning arm. ut- Treatmen+, : A arcondory ontry troatmont ahall bo located at tho intor8oction of W &tiquitom and - lUngfi8her Road. Undaca-: All community-wido landscap atandarda de8cribed in Soctton A, Community Deoign Elea?ento of Chapter IV ahall be incorporated into thia planning area. In addition, tho following #pacific landscap concopts shall bo included in the develogounts of thim planning area: Lurdmcrpm acrooning of the Sport8 Contor, including tho U80 of apcFwn trees, shall be incorporated to softon the view of theae structures * Iktiq~itO8 Drivo and L& -st& Avonuo. from .. * View8 to and from the golf courso, lagoon, Batiquito8 Dtivo and La Costa Avenue shall be preserved. 111 A ftra #upptorrion zono rub;ect to the approval of tho Plminq Dixmcror and Piso Xuehall ehall br eatabli8h.d htuoan native/naturalfted ueas and strtctures . Re Flre rupprrrrioa plan ahould incorporato rtructural setbacks f=em nativo =ea. in ColrrbinAtlOn vtth a procjram of relrctLva thuming of nrtrvo voqotatran 8ubjoct to tho approval of tho PLanniaq Diractot. OEen SEaco: All open rpacm ueaa shall bo Landscaped as descreed in tho Landscapo section abov.. T-ailg. A portion of tho Stroam and Lako Trail, which axtonds from Alqa Road to ahall ba constructed as a condition of devologmont of this plannfnq area. Pktiquitom orivo, Fa Located vithin this planning uea. Tho on8fto reqment GraQLpg; Any devolopmont within thir planning uea rhall comply with tho City'r Billside Devmlopmnt Regulation8 and tho rlopo and rorourco proror~ation policiaa oi tho underlying local coartal program urd rubrmquent coaatal pormft. llay application for dovolopnunt wfthln this pluvring asma 8h.U rmk0 a rlop . ur&ly8i8/biologic8l rms~urco map during Sit. Oevoloprunt Plrn rmvfou. .. DELETE THIS PAGE Q~~LOP~~ ST.WAmS : C-T All develapaant in PLuurinq Arra 11 aha11 csnfocn to tho stan Coemrrcrai Tourrat zono (Carlibad !4unLcL;al Code, Captar 21.29) n0t.d Ln thLs chapter. Oor rmetaurant wrth a total grorr floor area (ineLudinq out ort~nq Ifear) relatoc! accmsrory usor listed bmlou. not to rxcmed L0,OOO rq. ft. racludtng indoor and outdo tAnq Um.8 ad oat restaurants and tolatoc! accmrsory rotul user such a1 bakorirs foctionory rhops . Othar ruailu uaem arm allowad upon tho apvroval o Plmninq Director. An archLtmctur.1 tham towor Located nmu tho r ol-nta rhrll also bo p0tnrAtt.d. Thi8 thm t0w.Z Shall not inch y urablo floor =ea. R.fcrht: Tho 1rurrhnu6 hoight in thi a is 30 fmot &8 dotominod by Soctlon 21.01.065 of tho CuLsbad S*tb=kr i Tha dfatmcm botwoan rtructu all not bo loss thaa 50 f-t. ALL rtructurer locatod riniaum of 20 f of LO foot fr muting kma bound-. - No outdoor etoragr Loading U.U k acroonod from tho Lapon, 0tr-t. urd podoatrf~a arm... I, 1990. Tho puking rtrucfun propcra.4 within nuurfag ) shall bo t.quir.d to bo c0aatruct.d prior to my at wit- thfa Rluvlinq kma. coaditbmal ow prmLt ahdl k . A 8hUtflo rorptco will provida tramportation botwcroa tho rostruturfa, Shrrrd pukrhg k- fhr hOt.1, eU 8ad --8Ur8Ut b 113 I 1 'I DELETE THIS PAGE t I! - Golf . Course. Legend Country lv- -v Club .. f Scanlc Colnt V1.r Ortentrtlon Key Map !rt ! ! Exhibit V-12 DELETE THIS PAGE ?acttic Rim Drive. / -1 1s- DELETE THIS PAGE 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 PLANNING COMMISSION RESOLUTION NO. 3804 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE TRACT MAP TO ALLOW A 240 UNIT COMMERCIAL TIMESHARE DEVELOPMENT ON PROPERTY GENERALLY LOCATED NORTH AND SOUTH OF FINCH LANE, BETWEEN ALGA ROAD AND KINGFISHER DRIVE IN AVIARA PLANNING AREAS 2 AND 9, IN LOCAL FACILITIES MANAGEMENT ZONE 19. CASE NAME: FOUR SEASONS AVIARA RESORT CASE NO: CT 95-02 WHEREAS, Aviara Resort Associates has filed a verified application with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request for a tentative tract map as provided by Chapter 20.12 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on the 20th day of September, 1995, hold a duly noticed public hearing to consider said application on property described as: Lots 6, 7, 8, and 9 of Carlsbad Tract 85-35, Phase I Unit A, according to Map No. 12409, filed June 29,1989; portion of lots 87 of Carlsbad Tract 85-35, Phase I Unit B, according to Map No. 12410, filed June 29, 1989, in the City of Carlsbad, County of San Diego, State of California; WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Planning Commission considered all factors relating to CT 95-02. 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 Tentative Tract Map, CT 95-02, based on the following 12- findings and subject to the following conditions: 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: 1. The Planning Commission finds that: a) the project is a subsequent development as identified in’section 210833 of the California Environmental Quality Act; b) the project is consistent with the Aviara Master Plan (MP 177); c) there was an EIR certified (EIR 83-02(A)) in connection with the Aviara Master Plan (MP 177); d) the project has no new significant environmental effect not analyzed as significant in the prior EIR (EIR 83-02(A)); e) none of the circumstances requiring Subsequent or Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist; 2. The Planning Commission finds that all feasible mitigation measures or project alternatives identified in the EIR (EIR 83-02(A)) which are appropriate to this Subsequent Project have been incorporated into this Subsequent Project. 3. The City% MEIR found that air quality and circulation impacts are significant and adverse; therefore, the City Council adopted a statement of overriding considerations. The project is consistent with the General Plan and as to those effects, no additional environmental document is required. 4. The project is consistent with the City-Wide Facilities and Improvements Plan, the applicable local facilities management plan, and all City public facility policies and ordinances since: a) The project has been conditioned to ensure that the final map will not be approved unless the City Council finds that sewer service is available to serve the project. In addition, the project is conditioned such that a note shall be placed on the final map that building permits may not be issued for the project unless the District Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the District Engineer is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. b) All necessary public improvements have been provided or are required as conditions of approval. c) The developer has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. 4 PC RES0 NO. 3804 -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 5. 6. 7. 8. 9. 10. 11. 12. 13. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 19. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that timeshare uses are permitted in the Aviara Master Plan as amended, all parking areas have proper circulation and landscaping, the existing native habitat is being maintained, and necessary public facilities and services needed to serve the development are or will be in place prior to occupancy of the project. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for tourist-related recreational commercial, open space, and residential development on the General Plan, in that the Aviara Master Plan (MP 177) is already organized to provide open space buffering or intervening streets between the proposed resort development and surrounding residential development. That the site is physically suitable for the type and intensity of the development since the site is adequate in size and shape to accommodate development at the intensity proposed, in that all proposed development for the timeshare project tits on the site without the need of expanding the total graded area. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that all existing easements of record within the project are consistent with the proposal or shall be relocated as necessary concurrent with recordation of the final map. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act); That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that the proposed building orientations and spacing allow for a variety of microclimatolgical environments. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those PC RES0 NO. 3804 -3- I* 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 housing needs against the public senice needs of the City and available fiscal and environment a1 resources; 14. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that all existing native habitat is remaining preserved and all previously approved encroachment deterrents will be in place prior to construction. 15. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that all National Pollutant Discharge Elimination System requirements will be met through final project design. Planning Conditions: 1. 2. 3. 4. 5. 6. The Planning Commission does hereby recommend approval of the Tentative Tract Map for the Commercial Timeshare Project entitled "Four Seasons Aviara Resort" (Exhibits "A" - "SSS" on file in the Planning Department and incorporated by this reference, dated September 20, 1995), subject to the conditions herein set forth. Staff is authorized and directed to make or require the Developer to make all corrections and modifications to the Tentative Tract Map Documents, as necessary to make them internally consistent and conform to City Council's final action on the project. Development shall occur substantially as shown on the approved exhibits. Any proposed development substantially different from this approval, shall require an amendment to this approval. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. The Developer shall provide the City with a reproducible 24" x 36", mylar copy of the Tentative Map as approved by the final decision making body. The Tentative Map shall reflect the conditions of approval by the City. The Map copy shall be submitted to the City Engineer and approved prior to building, grading, final map, or improvement plan submittal, whichever occurs first. The Developer shall provide the Planning Director with a 500' scale mylar of the subdivision prior to the recordation of the final map. Said map shall show all lots and streets within and adjacent to the Project. The Developer shall include, as part of the plans submitted for any permit plan check, a reduced, legible version of the approving resolution/resolutions on a 24" x 36" blueline drawing. Said blueline drawing(s) shall also include a copy of any applicable Coastal Development Permit and signed approved site plan. Building permits will not be issued for development of the subject property unless the District Engineer determines that sewer facilities are available at the time of PC RES0 NO. 3804 -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 7. 8. 9. 10. 11. 12. 13. application for such sewer permits and will continue to be available until time of occupancy. A note to this effect shall be placed on the final map. The Developer shall pay the public facilities fee adopted by the City Council on July 28, 1987 (amended July 2, 1991) and as amended from time to time, and any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or Facilities and Improvement Plan and to fulfill the subdivider’s agreement to pay the public facilities fee dated May 10, 1995, a copy of which is on file with the City Clerk and is incorporated by this reference. If the fees are not paid, this application will not be consistent with the General Plan and approval for this project will be void. 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. Approval of CT 95-02 is granted subject to the approval of MP 177(0), LCPA 90- 03(A), SDP 86-02(B), CUP 90-05(A), PUD 102(A) and HDP 95-11. CT 95-02 is subject to all conditions contained in Planning Commission Resolution Nos. 3802, 3803, 3807, 3806, 3805 and 3809, for MP 177(0), LCPA 90-03(A), SDP 86-02(B), CUP 90-05(A), PUD 102(A) and HDP 95-11, respectively. Prior to the issuance of building permits, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifymg all interested parties and successors in interest that the City of Carlsbad has issued a Tentative Tract Map by Resolution No. 3804 on the real property owned by the developer. 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 Planning Director 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. Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates pursuant to City standards. Location of said receptacles shall be approved by the Planning Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director. An exterior lighting plan including parking areas shall be submitted for Planning Director approval. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. No outdoor storage of material shall occur onsite unless required by the Fire Chief. In such instance a storage plan will be submitted for approval by the Fire Chief and the Planning Director. 4 PC RES0 NO. 3804 -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 14. 15, 16. 17. 18. 19. 20. The Developer shall prepare a detailed landscape and irrigation plan in conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. The plans shall be submitted to and approval obtained from the Planning Director prior to the approval of the final map, grading permit, or building permit, whichever occurs first. The Developer shall construct and install all landscaping as shown on the approved plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. The first submittal of detailed landscape and irrigation plans shall be accompanied by the project’s building, improvement, and grading plans. The Developer shall submit and obtain Planning Director approval of a uniform sign program for this development prior to occupancy of any building. Building identification and/or addresses shall be placed on all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast to their background color. The Developer shall provide bus stops to senice this development at locations and with reasonable facilities to the satisfaction of the North County Transit District and the Planning Director. Said facilities, if required, shall at a minimum include a bench, free from advertising, and a pole for the bus stop sign. The bench and pole shall be designed to enhance or be consistent with the basic architectural theme of the project. Prior to approval of the final map or grading permit, whichever occurs first, the Developer shall receive approval of a Coastal Development Permit issued by the California Coastal Commission that substantially conforms to this approval. A signed copy of the Coastal Development Permit must be submitted to the Planning Director. If the approval is substantially different, an amendment to Tentative Tract Map shall be required. The maximum time increment for recurrent exclusive use of occupancy of a timeshare unit shall be four (4) months. A note indicating this requirement shall be placed on the final map. The seller of the timeshare units shall disclose this maximum time increment to all potential buyers. Ene..ieerinp Conditions: NOTE: - Unless specifically stated in the condition, all of the following engineering conditions upon the approval of this proposed major subdivision must be met prior to approval of a final map: 21. The developer shall provide an acceptable means for maintaining the private easements within the subdivision and all the private: streets, sidewalks, street lights, storm drain facilities and sewer facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties tJ PC RES0 NO. 3804 -6- 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 22. 23. 24. 25. 26. 27. 28. 29. within the subdivision. Adequate provision for such maintenance shall be included with the CC&Rs subject to the approval of the City Engineer. All concrete terrace drains shall be maintained by the homeowner's association (if on commonly owned property) or the individual property owner (if on an individually owned lot). An appropriately worded statement clearly identifying the responsibility shall be placed in the CC&Rs. The developer shall defend, indemnify and hold harmless the City and its agents, officers, and employees from any claim, action or proceeding against the City or its agents, officers, or employees to attack, set aside, void or null an approval of the City, the Planning Commission or City Engineer which has been brought against the City within the time period provided for by Section 66499.37 of the Subdivision Map Act. The owner of the subject property shall execute an agreement holding the City harmless regarding drainage across the adjacent property. Pretreatment of the sanitary sewer discharge from this project may be required. In addition to the requirements for a sewer connection permit the applicant shall conform to the requirements of Chapter 13.16 of the Carlsbad Municipal Code. The applicant shall apply for an industrial waste water discharge permit concurrently with the building permit for this project. The subject property is within the boundaries of Assessment District No. 88-1 (Alga Road). Upon the subdivision of land within the district boundaries, the owner may pass through assessments to subsequent owners & if the owner has executed a Special Assessment District Pass-through Authorization Agreement. Said Agreement contains provision regarding notice to potential buyers of the amount of the assessment and other provisions and requires the owner to have each buyer receive and execute a Notice of Assessment and an Option Agreement. In the event that the owner does not execute the Authorization Agreement, the assessment on the subject property must be paid off in full bv the owner prior to final map approval. The developer shall execute a hold harmless agreement for geologic failure. Upon completion of grading, the developer shall ensure that an "as-graded" geologic plan is submitted to the City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a contour map which represents both the pre and post site grading. This plan shall be signed by both the soils engineer and the engineering geologist. The plan shall be prepared on a 24" x 36" mylar or similar drafting film and shall become a permanent record. No grading shall occur outside the limits of the subdivision unless a grading or slope easement is obtained from the owners of the affected properties. If the developer is unable to obtain the grading or slope easement, either the tentative map shall be amended or the plans shall be modified so grading will not occur outside the project 4% PC RES0 NO. 3804 1 -7- 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 30. 31. 32. 33. 34. site in such a manner which substantially conforms to the tentative map as determined by the City Engineer and Planning Director. Rain gutters must be provided to convey roof drainage to an approved drainage course or street to the satisfaction of the City Engineer. The owner shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the tentative map. The offer shall be made by a certificate on the final map for this project. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. Prior to approval of any grading or building permits for this project, the owner shall give written consent to the annexation of the area shown within the boundaries of the site plan into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 on a form provided by the City. The developer shall comply with the City’s requirements of the National Pollutant Discharge Elimination System (NPDES) permit. The developer shall provide best management practices to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be approved by the City Engineer. The design of all private streets and drainage systems shall be approved by the City Engineer. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the City. The standard improvement plan check and inspection fees shall be paid. FINAL MAP NOTES 35. Notes to the following effect shall be placed on the final map as non-mapping data: I. All improvements are private and are to be privately maintained with the exception of the following: A. Alga Road B. Batiquitos Drive C. Water supply lines accepted by the Carlsbad Municipal Water District 11. Geotechnical Caution: 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 geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. PC RES0 NO. 3804 -8- 14 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 IMPROVEMENT PLAN NOTES 36. A note shall be placed on the improvement plans stating which utilities are public and which are private. Water District Conditions: 37. 38. 39. 40. 41. 42. The entire potable water system shall be reviewed and revised to meet latest District’s Standards and Specifications. The Developer shall be responsible for all fees, deposits and charges which will be collected before and/or at the time of issuance of the building permit. The San Diego County Water Authority capacity charge will be collected at issuance of application for meter installation. The existing fees for plan checking-processing shall be reviewed and adjusted as necessary. Sequentially, the Developer’s Engineer shall do the following: a) Meet with the City Fire Marshal and establish any revisions to the original fire protection requirements. Also obtain any changes in the GPM demand for domestic and irrigational needs from appropriate plans. b) Prepare a revised colored reclaimed water use area map and submit to the Planning Department for processing and approval. c) Prior to the revision of the water improvement plans, a meeting must be scheduled with the District Engineer for review, comment and approval of the preliminary system layouts and usages (i.e. - GPM - EDU). This project is approved on the expressed condition that building permits will not be issued for development of the subject property, unless the water district serving the development determines that adequate water service and sewer facilities are available at the time of application for such water service and sewer service permits and will continue to be available until time of occupancy. The original improvement plans for the sewer and reclaimed water systems were processed and approved by the City of Carlsbad Engineering Department -- revision of these systems must be approved by the City Engineer. Potable water improvement plans for Carlsbad Tract No. 85-35, Unit B, City Dwg No 313-5A & 5D, have been approved by the Water District, and these plans must be revised and meet the conditions as stated above. General Conditions: 43. If any of the foregoing 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 80 PC RES0 NO. 3804 -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 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; 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 Resolution. Code Reminders: NOTE: including but not limited to the following code requirements: The project is subject to all applicable provisions of local ordinances, 44. 45. 46. 47. 48. 49. 50. 51. The Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. The following note shall be placed on the Final Map: "Prior to issuance of a building permit for any buildable lot within the subdivision, the Developer shall pay a one- time special development tax in accordance with the City Council Resolution No. 91- 39." 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 provide herein. The project shall comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Building Code. 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 Planning and Building. All landscape and irrigation plans shall be prepared to conform with the Landscape Manual and submitted per the landscape plan check procedures on file in the Planning Department. 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 Planning Director prior to installation of such signs. Approval of this tentative tract map shall expire twenty-four (24) months from the date of City Council approval unless a final map is recorded. An extension may be requested by the developer. Said extension shall be approved or denied at the discretion of the City Council. In approving an extension, the City Council may impose new conditions and may revise existing conditions pursuant to Section 20.12.1 lO(a)(2) Carlsbad Municipal Code. PC RES0 NO. 3804 -10- 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 52. 53. 54. 55. .... .... .... .... .... .... .... .... .... .... .... Prior to hauling dirt or construction materials to or from any proposed construction site within this project, the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for this project is required. The developer must submit a receive approval for grading plans in accordance with City Codes and Standards. Prior to issuance of a building permit for the project, a grading permits shall be obtained and a grading work be completed in substantial conformance with the approved grading plans. NOTE: If the disturbed area is five acres or more, prior to the issuance of a grading permit or building permit, whichever occurs first, the developer shall submit proof that a Notice of Intention has been submitted to the State Water Resources Control Board. Prior to issuance of a building permit for any buildable lot within the subdivision, the property owner shall pay a one-time special development tax in accordance with City Council Resolution No. 91-39. The developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with the Carlsbad Municipal Code and the City Engineer. PC RES0 NO. 3804 -11- 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 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 20th day of September, 1995, by the following vote, to wit: AYES: Chairperson Welshons, Commissioners Savary, Noble, Nielsen, Erwin, Monroy and Cornpas. NOES: None ABSENT: None ABSTAIN: None KIM WELSHONS, Chairperson CARLSBAD PLANNING COMMISSION ATEST: PC RES0 NO. 3804 -12- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 10 19 20 21 22 23 24 25 26 27 2a PLANNING COMMISSION RESOLUTION NO. 3805 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A MAJOR PLANNED UNIT DEVELOPMENT PERMIT TO INCORPORATE PLANNING AREA 9 INTO THE RESORT DEVELOPMENT AREA ON PROPERTY GENERALLY LOCATED SOUTH OF ALGA ROAD, BETWEEN BLACK RAIL COURT AND BATIQUITOS DRIVE, IN AVIARA PLANNING AREAS 1, 2, 9, 10 AND 11 IN LOCAL FACILITIES MANAGEMENT ZONE 19. CASE NAME: CASE NO: PUD 102(A) AMENDMENT TO AN EXISTING NON-RESIDENTIAL FOUR SEASONS AVIARA RESORT WHEREAS, Aviara Resort Associates has filed a verified application with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request for a non- residential planned unit development permit as provided by Chapter 21.47 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on the 20th day of September, 1995, hold a duly noticed public hearing to consider said application on property described as: Portions of lots 87, 88, 89 of Carlsbad Tract No, 85-35, according to Map No. 12410, filed June 29, 1989; lots 2,4,5, 6, 7, 8, and 9 of Carlsbad Tract 85-35, Phase I Unit A, according to Map No. 12409, filed June 29, 1989; portion of parcel 2 of Parcel Map 16451, filed April 15, 1991, all in the City of Carlsbad, County of San Diego, State of California; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Planning Commission considered all factors relating to PUD 102(A). NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 3% Commission as follows: 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) B) That the above recitations are true and correct. That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of Non-residential Planned Unit Development Permit, PUD 102(A), based on the following findings and subject to the following conditions: Findi nes: 1. The Planning Commission finds that: the project is a subsequent development as identified in Section 210833 of the California Environmental Quality Act; the project is consistent with the Aviara Master Plan (MP 177); there was an EIR certified (EIR 83-02(A)) in connection with the Aviara Master Plan (MP 177); the project has no new significant environmental effect not analyzed as significant in the prior EIR (EIR 83-02(A)); none of the circumstances requiring Subsequent or Supplemental EIR under CEQA Guidelines Sections 15 162 or 15163 exist; Planning Commission finds that all feasible mitigation measures or project -. alternatives identified in the EIR (EIR 83-02(A)) which are appropriate to this Subsequent Project have been incorporated into this Subsequent Project. 3. The City’s MEIR found that air quality and circulation impacts are significant and adverse; therefore, the City Council adopted a statement of overriding considerations. The project is consistent with the General Plan and as to those effects, no additional environmental document is required. 4. The project is consistent with the City-Wide Facilities and Improvements Plan, the applicable local facilities management plan, and all City public facility policies and ordinances since: a) The project has been conditioned to ensure that building permits will not be issued for the project unless the District Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the District Engineer is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. b) All necessary public improvements have been provided or are required as conditions of approval. PC RES0 NO. 3805 -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 20 c) The developer has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. 5. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 6. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 19. 7. That the granting of this permit will not adversely affect and will be consistent with the City code, the General Plan, applicable specific plans, master plans, and all adopted plans of the City and other governmental agencies, in that all proposed development meets all applicable development standards and design guidelines of the Zoning Ordinance and Aviara Master Plan (MP 177), the areas of the project are designated for tourist-related recreational commercial uses, all parking areas have proper circulation and landscaping, and the existing native habitat is being maintained. 8. That the proposed use at the particular location is necessary and desirable to provide a senice or facility which will contribute to the general well-being of the neighborhood and community, in that the hotel and sports center are a focal point of the resort community of Aviara, will promote visitors to the area, and provide continuing revenue for the City. 9. That such project will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity, in that all the use is compatible given the open space and street buffering and all necessary public improvements exist or will be in place prior to occupancy of the project. 10. That the proposed nonresidential planned development meets all of the minimum development standards of the underlying zone, except for lot area, in that the proposed building height of 35 feet meets the 35 foot maximum and the proposed parking supply of 1.6 spaces per unit meets the minimum 1.2 spaces per unit. PlanninP Conditions: 1. The Planning Commission does hereby recommend approval of the Non-residential Planned Unit Development for the Destination Resort Project entitled "Four Seasons Aviara Resort" (Exhibits "A" - "SSS" on file in the Planning Department and incorporated by this reference, dated September 20, 1995), subject to the conditions %b PC RES0 NO. 3805 -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 2a herein set forth. Staff is authorized and directed to make or require the Developer to make all corrections and modifications to the Non-residential Planned Unit Development Documents, as necessary to make them internally consistent and conform to City Council’s final action on the project. Development shall occur substantially as shown on the approved exhibits. Any proposed development substantially different from this approval, shall require an amendment to this approval. 2. Approval of PUD 102(A) is granted subject to the approval of MP 177(0), LCPA 90- 03(A), SDP 86-02(B), CUP 90-05(A), CT 95-02, and HDP 95-11. PUD 102(A) is subject to all conditions contained in Planning Commission Resolution Nos. 3802, 3803, 3807, 3806, 3804, and 3809, for MP 177(0), LCPA 90-03(A), SDP 86-02(B), CUP 90-05(A), CT 95-02, and HDP 95-11, respectively. General Conditions: 3. .... .... .... .... .... .... .... .... .... .... .... If any of the foregoing 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; 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 Resolution. 4 PC RES0 NO. 3805 -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 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 20th day of September, 1995, by the following vote, to wit: AYES: Chairperson Welshons, Commissioners Savary, Noble, Nielsen, Erwin, Monroy and Compas. NOES: None ABSENT: None ABSTAIN: None KIM WELSHONS, Chairperson CARLSBAD PLANNING COMMISSION PC RES0 NO. 3805 -5- 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 3806 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT AMENDMENT TO AMEND THE SHARED PARKING PROGRAM WITHIN THE AVIARA RESORT DELETING A PORTION OF PLANNING 2 AND ADDING PLANNING AREA 1 ON PROPERTY GENERALLY LOCATED SOUTH OF ALGA ROAD BETWEEN BLACK RAIL COURT AND BATIQUITOS DRIVE, IN AVIARA PLANNING AREAS 1, 2 AND 10, IN LOCAL FACILITIES MANAGEMENT ZONE 19. CASE NAME: FOUR SEASONS AVIARA RESORT CASE NO: CUP 90-05(A) WHEREAS, Aviara Resort Associates has filed a verified application with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request for a conditional use permit amendment as provided by Chapter 21.42 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on the 20th day of September, 1995, hold a duly noticed public hearing to consider said application on property described as: Lot 2, 4 and 5 of Carlsbad Tract 85-35, Phase I Unit A, according to Map No. 12409, filed June 29,1989; portions of lot 87 of Carlsbad Tract 85-35, Phase I Unit B, according to Map No. 12410, filed June 29, 1989, in the City of Carlsbad, County of San Diego, State of California; WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Planning Commission considered all factors relating to CUP 90-05(A). 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. + 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 B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of Conditional Use Permit Amendment, CUP 90-05(A), based on the following findings and subject to the following conditions: Findings: 1. The Planning Commission finds that: a) the project is a subsequent development as identified in section 210833 of the California Environmental Quality Act; b) the project is consistent with the Aviara Master Plan (MP 177); c) there was an EIR certified (EIR 83-02(A)) in connection with the Aviara Master Plan (MP 177); d) the project has no new significant environmental effect not analyzed as significant in the prior EIR (EIR 83-02(A)); e) none of the circumstances requiring Subsequent or Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist; 2. The Planning Commission finds that all feasible mitigation measures or project alternatives identified in the EIR (EIR 83-02(A)) which are appropriate to this Subsequent Project have been incorporated into this Subsequent Project. 3. The project is consistent with the City-Wide Facilities and Improvements Plan, the applicable local facilities management plan, and all City public facility policies and ordinances since: a) The project has been conditioned to ensure that building permits will not be issued for the project unless the District Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the District Engineer is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. b) All necessary public improvements have been provided or are required as conditions of approval. c) The developer has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. 4. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant 40 PC RES0 NO. 3806 -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 20 to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 5. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 19. 6. That the requested use is necessary or desirable for the development of the community; is essentially in harmony with the various elements and objectives of the General Plan; and is not detrimental to existing uses specifically permitted in the zone in which the proposed use is located, in that the shared parking program allows for the staggered parking needs of the various uses; the valet and shuttle program and trail system facilitates visitor travel within the resort and all parking areas have proper circulation and landscaping; and the parking program is contained to only those recreational commercial uses and does not impose on the parking needs of the timeshare villages or neighboring residential areas. 7. That the site for the intended use is adequate in size and shape to accommodate the use, in that the amount of parking provided in the proposed and existing parking areas can meet the total parking demand and the requirements of the master plan. 8. That all the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that the parking areas will meet the requirements of the Landscape Manual and all parking lot walls will be richly landscaped. 9. That the street system sewing the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the entire project will generate an additional 4,826 trips which can be accommodated on either Alga Road or Batiquitos Lane, having a maximum capacity of 20,000 ADT and 10,000 ADT, respectively. Planning Conditions: 1. The Planning Commission does hereby recommend approval of the Conditional Use Permit Amendment for the Destination Resort Project entitled “Four Seasons Aviara Resort”. (Exhibits “A - “SSS”, dated September 20, 1995 and Exhibit “ZZZ”, dated September 20, 1995, attached hereto) on file in the Planning Department and incorporated by this reference, subject to the conditions herein set forth. Staff is authorized and directed to make or require the Developer to make all corrections and modifications to the Conditional Use Permit Amendment documents, as necessary to make them internally consistent and conform to City Council’s final action on the Project. Development shall occur substantially as shown on the approved exhibits. ’ Any proposed development substantially different from this approval, shall require an amendment to this approval. PC RES0 NO. 3806 9\ -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 2. Approval of CUP 90-05(A) is granted subject to the approval of MP 177(0), LCPA 90-03(A), SDP 86-02@), CT 95-02, PUD 102(A) and HDP 95-11. CUP 95-05(A) is subject to all conditions contained in Planning Commission Resolution Nos. 3802, 3803,3807,3804,3805 and 3809 for MP 177(0), LCPA 90-03(A), SDP 86-02(B), CT 95-02, PUD 102(A) and HDP 95-11, respectively. 3. This Conditional Use Permit is granted for a period of five years. This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis to determine if all conditions of this permit have been met and that the use does not have a substantial negative effect on surrounding properties or the public health and welfare. If the Planning Director determines that the use has such substantial negative effects, the Planning Director shall recommend that the Planning Commission, after providing the permittee the opportunity to be heard, add additional conditions to reduce or eliminate the substantial negative effects. These conditions may include, but not be limited to: 1. The addition of parking at the sports center through the construction of a parking structure; 2. The creation of additional parking within the service area of the hotel shuttle (e.g. Planning Area 23); 3. Precluding future use of the voided hotel areas; 4. Restricting the periods of occupancy of various uses within the hotel, sports center, and golf club. This permit may be revoked at any time after a public hearing, if it is found that the use has a substantial detrimental effect on surrounding land uses and the public’s health and welfare, or the conditions imposed herein have not been met. This permit may be extended for a reasonable period of time not to exceed five years upon written application of the permittee made no less than 90 days prior to the expiration date. The Planning Commission may not grant such extension, unless it finds that there are no substantial negative effects on surrounding land uses or the public’s health and welfare. If a substantial negative effect on surrounding land uses or the public’s health and welfare is found, the extension shall be denied or granted with conditions which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the Planning Commission may grant. 4. Approval of Conditional Use Permit Amendment CUP 90-05(A), and related applications, is subject to the condition that the proposed valet and shuttle service be operated and maintained continuously by the hotel operator in perpetuity for the life of the hotel. Said shuttle service shall be free of charge to all users in perpetuity. Any substantial changes, as determined by the Planning Director, shall necessitate a formal amendment to Site Development Plan Amendment SDP 86- 02(B) and Conditional Use Permit Amendment CUP 90-05(A). PC RES0 NO. 3806 0- -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 20 .- --4 5. Approval of Conditional Use Permit Amendment CUP 90-05(A) is subject to the condition that all Special Events, as defined in Section 8.17.010 of the Carlsbad Municipal Code including, but not limited to, golf tournaments and tennis tournaments, shall require a Special Events Permit, pursuant to Sections 8.17.050 and 8.17.060. Included in this permit application shall be a parking and circulation plan. Facilities not essential to the Special Event may temporarily closed for the length of the event, as determined to be necessary by the Planning Director. General Conditions: 6. If any of the foregoing 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; 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 Resolution. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 20th day of September, 1995, by the following vote, to wit: AYES: Chairperson Welshons, Commissioners Savary, Noble, Nielsen, Compas, ENvia and Monroy. NOES: None ABSENT: None ABSTAIN: None KIM WESLSHONS, Chairperson CARLSBAD PLANNING COMMISSION - ATTEST q3 PC RES0 NO. 3806 -5- Exhibit "m September 20,1995 AVIARA MASTER PLAN MP 177 SHARED PARKING PROGRAM AUGUST 3,1995 4 EXHIBIT "ZZZ88 DATED SEPTEMBER 20,1995 '06 SOUTH MENTOR AVENUE. SUITE 'CO JASACEVA CAL F3PNlA 31 106 -- =-?kONE. (213) 681-2529 e ,918) '36-2322 =Ax a731 -?2.:9~i . - .-.. . ._ --., Mr. Robert Green AVlARA 2011 Paluman Airport Road - Suite 206 Carlsbad, California 92009 c Subject: AVlARA PARKING ANALYSIS UPDATE PROPOSED MASTER PLAN AMENDMENT Dear Bob: The attached represents our Parking Analysis updated to reflect the current proposed Aviara Master Plan Amendment. (MPA) This update is base on the approved MPA parking study of February 28,1990 and incorporates analysis of the interior building space, which has been designated as void space, as a Temporary Sales, Marketing and Administration facility for the Resort Time Share Units. Also induded is further analysis of the void space as Meeting Space (based on the approved 1990 building plan). As requested by City Staff, all parking calculations have been rounded up to the next highest whole number. Tables 1 through 10 present the updated parking analysis showing the entire project at completion, Table 1 shows the current Development Program and Table 2 the Parking Demand Forecast by use, Tables 3 through 10 present the parking dernandanalysb relative to the various component uses of the Hotel, Sports Club, Golf Course and Resort Club. The methodology and assumptions employed in this analysis are the same as in the approved MPA, except in a few instances where anticipated operational criteria dictate a change. For example, the approved MPA had a number of large meeting rooms which were analyzed with both guest and non-guest use. The current proposal contains only one large meeting room which is assumed to be used by non-guests, wtth consequent increase in parking demand (spaces per square foot of meeting space). Please note that use of the void space is not a part of the analysis. OTHER OFFICES. COSTA MESA TELEPWNE. (714) 641-1587 FAX (714) 641-0139 SAN DIEGO TELEPWNE (619) 299-3090 FAX (619) 299-7041 LAS VEGAS TELEPHONE. (702) 051-1920 *FAX (702) 451-3312 AN LG2WB COMPANY 54 - Linscott. Law 8 Greenspan. Engln+ s Mr. Robert Green May 17, 1995 Page Two Tables A through 0 address use of the void space. Table A presents expected Supply - Demand with the void space as Temporary Resort Club Sales, Marketing and Administration space. A small Saturday evening deficiency (87 spaces) is shown for the Hotel, which is increased by the temporary Resort Club (36 spaces). However, the resulting total deficiency is readily accommodated via shared parking at the Sports Club, which is expected to have a significant Saturday evening parking surplus (see Table C). Table B responds to City Staff concerns relative to the potential use of the void space as meeting space. Using the 1990 building plan as a basis, parking demand which might be generated by the void space as meeting space is developed in Table 0. With the void space as meeting space, a small deficiency (7 spaces) is noted at the Hotel at Mid-day on a weekday and a greeter deficiency on Saturday evening (221 spaces). Anticipated surplus parking at the Sports Club is expected to be available for shared use to offset these deficiencies. Lastly included, is a comparison which shows the Approved MPA analysis criteria and the criteria employed in analyzing proposed MPA. This table shows similar criteria in all but one instance (restaurant parking) which reflects a change from free-standing restaurant us8 to integrated restaurant use in the Sports Club building. We have welcomed the opportunity to prepare this Parking Analysis Update. Should there be any questions, please so not hesitate to call. Very truly yours, Unscott, Law and Greenspan = Jack M. Greenspan P.E. Principal JG:eb -attachments Linscott, Law & Greenspan, Engineers Racquetball Sports Club Building TABLE 1 DEVELOPMENT PROGRAM FOUR SEASONS AWRA Carlsbad, California 4 courts2 46,830 SF I USE HOTEL Guest Accommodation FoodlBeverage Restaurant: Cafe (140 indoor-50 outdoor) Specialty Dining (144 indoor40 outdoor) 190 Seats 184 Seats Bar- un e. --%hy Lounge (LibraryIGame Bar) 190 Seats ( 150 indoor40 outdoor) Pool Bar (outdoor) 65 Seats ,Meetinpanquet allroom: Main 11,790 SF .Junior 3.864 SF 15,654 SF DESCIUPTION 336 Keys 374 Seats 255 Seats ,Meetina Rooms 8): 2,184 SF 810 SF 810 SF 533 SF 630 SF 557 SF 484 SF 470 SF 6,478 SF Board Room (16 Seats) 756 SF I 22,888 SF I AVURA SPORTS CLUB 11 Tennis - Playing Courts' I 12courts ' Includes one tennis COUR with seating for 87 persons for audience From Sports Club or Hotel. ' Inside Sports Club Building. - Linscott, Law a Greenspan, Engineers (Spaces per Key) SPORTS CLUB TCIllU TCXUllS 12 Cd Racquetball 4 Cm Sporu Club Budding' 46,830 SF Restaurant ' 220 !kat3 SUB-TOTAL GOLF COURSE Plapg Corrrse . 18 Holes Club House' 29,830 SF SUB-TOTAL . RESORT CLUB Time Sh Units' 240 Units 70 Prmons Reception Recrrttioa Building' 26,000 SF hPhd hMnsR=ge 22 Tees TABLE 2 PARKING DEMAND FORECAST FOUR SEASONS AVLARA Carl s bad, C aii fo mia (1.72) (I 76) (1 07) (2.44 (1 71) 24 39 Clod 20 39 8 13 8 7 13 157 25 1 48 51 76 41 48 20 53 58 230 351 76 131 186 54 36 Cld 27 54 II 8 Closed 6 11 45 39 26 49 36 1 IO a4 26 82 101 2sa 288 288 288 288 32 33 5 33 47 --- -I- See Note' --- --- ' Prc-hctlon foyer space not included * Used in conjunction wth other meetinglbanquet space whosc occupants arc a- accounted fw in p-g analyns. Linscott, Law 6 Greenspan, Engineers TABLE 2 (Continued) PARKING DEMAND FORECAST FOUR SEASONS AVURA Carlsbad, California ’ hcludes one terns cow with 87 scab for use by auhence from Sporrs Club (internal play) or Hotel. Audience phg already accounted for m Spons Club and Hotel andysis. ‘ For Fnday everung, Sport Club Building parkmg hand same as Sunday Mid-Day (85 spaces). ’ Restaurant (5,500 SF) wth 220 xau (140 Indoor - 80 outdoor). Total Spom Club Burlding 52,330 SF, (46,830 SF Sport Club and 5.500 SF Resumt). ‘ Club How mcludcs Dug Room (2.000 SF) wth 90 scats and Bar-Lounge (1,320 SF) wnth 73 xau. ’ Resort Club at purUng rate of 1 5 spaca per ut (240 Y I 5 = 360); 1 2 spaces per unit per C~ty Code (288 spaces) PIUS 0.3 spacu pa mt for housckccpmg. mUnmuw md ubnmaaave employas (72 spaces). ’ Rcsort Club Employas pje~td at 46 sales. adminuatlon and firwctal sra€f plus 24 ~ccping/mu~ staff (1 per 10 mu) Sales adrmmstration and finanan1 staff@ I I pmons per auto (42). Nine buy- plus Wh ovdap @ 1 0 per auto (14). H~~mg/mntenance @ I 5 per auto (16). Tod 72 pultlng spaces. Weekday md-day @ 100% of W. edy eventng @ 50% rula etc. plus 5 spacu for receptm desk. muntcnnnce and sccunty (33), late evrmng recepuon desk, maintenance and sccuncy (5). Saturday early evmlng same as weekday Sunday mdday @ 75% of total sales etc. plus 5 spaces for reception dedi. maintenance and secunty (47). ’ Reccpuon Recreation Building puking included in Reson Club (See Note 7 above) hllun3.1995 Linscott, Law & Greenspan. Engineers TABLE 3 GUEST PARKING DE>L\,UD Caris b ad, C a1 i fo mi a FOUR SEASONS HOTEL AVURA - RESORT HOTEL Weekday - Mid-day - Early Evening - Late Evening Saturday - Early Evening Sunday - Mid-Day 101 Spaces 172 Spaces 202 Spaces 172 Spaces 101 Spaces WEEKDAY - MID-DAY Assumptions - Resort Hotel - 336 Keys (Guest Accommodations) - 0.60 Vehicles per Key based on Hilton Head South Carolina Survey, October 1983 - 100% Occupancy - 50% guest vehicles on-site - 50% off-site 336 x 0.60 x 0.50 = 101 Spaces WEEKDAY - EARLY EVENING Assumptions - 85% guests on site i 15% off-site 336 x 0.60 x 0.85 = 172 Spaces WEEKDAY -.LATE EVENING Assumptions - 100Y0 guests on-site 336 x 0.60 x 1.0 = 202 Spaces SA'ITURD AY - EARLY EVENING Assumptions - 85% guests on-site / 15% off-site 336 x 0.60 x 0.85 = 172 Spaces SUNDAY - -DAY Assumptions - 50% guest vehicles on-site - 50% off-site (checked out) 337 x 0.60 x 0.50 = 101 Spaces August.3, 1995 Linscott, Law 6 Greenspan. Engineers TABLE 4 RESTAURANT PARKING DEMAIYD FOUR SEASOYS HOTEL AVIAIU Car Is b ad, Cali fo mi a SUMMARY: Weekday - LMid-Day 33 Spaces - Early Evening 57 Spaces - Late Evening 20 Spaces Saturday - ’ Early Evening 57 Spaces Sunday - Mid-Day 98 Spaces WEEKDAY - MID-DAY Assumptions - Specialty Dining (I 84 seats) - closed - Cafe (190 seats) - open - 85% average occupancy 50% guest - 50% non-guest @ 2.5 persons per auto - 190 x 0.85 x 0.5012.5 = 33 Spaces WEEKD AY - EARLY EVENING Assumptions - All restaurants open (374 seats) - Warm evening with outdoor seating 50% guest - 50% non-guest @ 2.5 persons per auto - 75% average occupancy - 374 x 0.75 x 0.5012.5 = 57 Spaces WEEKDAY - LATE EVENING Assumptions - All restaurants open - Outdoor dining closed (90 seats) 50?4 guest - 50% non-guest @ 2.5 persons per auto - Indoor dining (284 seats) - 35% average occupancy - 284 x 0.35 x 0.50l2.5 = 20 Spaces SATURD AY - EARLY EVENING Assumptions - Same as weekday 374 x 0.75 x 0.5012.5 = 57 Spaces SUNDAY - MTD-DAY Assumptions - All restaurants open (3 74 seats) - Popular Sunday Brunch - 100% occupancy \ 35% pest - 65% non guest @ 2.5 persons per auto \ (’ - - 374 x 1.0 x 0.6512.5 = 98 Spaces August 3, 1995 Linscott, Law 8 Greenspan. Engineers TABLE 5 FOUR SEASONS HOTEL AtUW Car! s bad, Cali fo mi a BAR - LOUNGE PARKIXG DEMAXD SUM MARY: Weekday Mid-Day 7 Spaces Early Evening 45 Spaces Saturday Early Evening 45 Spaces - Late Evening 19 Spaces Sunday - Mid-Day 50 Spaces WEEKDAY - MID-DAY Assumptions - Lobby Lounge Library (100 seats) - open Game Room (90 scats) - closed - Pool Bar (65 seats - 100% guest use) 65% guest - 35% non-guest @ 2.5 persons per auto - 50% occupancy - 100 x 0.50 x 0.3Y2.5 -- 7 Spaces WEEKDAY - EARL YEW MNG Assumptions - Library Bar (100 scats) - open - Game Room (90 seats) - open Pool Bar 100% guest use 65% guest - 35% non-guest @ 1.5 persons per auto - - 100% occupancy - 190 x 1.0 x 0.3511.5 = 45 Spaces WEEKD AY -.LATE EVEMNG Assumptions - Library Bar - open 50% occupancy, 50% non-Quest @ 2.5 persons per auto 5@?0 occupancy, 50% non-guest @ 2.5 persons per auto - Game Room Bar - open Pool BU - closed (100 x 0.50 x 0.50123) + (90 x 0.50 x 0.5012 5) = 10 + 9 = 19 Spaces SATURD AY - EARLY EWM" Assumptions - Same as weekday 190 x 1.0 x 0.3Y1.5 = 45 Spaces SUNDAY - MTD-DAY Assumptions - Library Bar and Game Room Bar open (in suppon of Brunch) 1000/0 occupancy, 65% non-guest @ 2.5 persons per auto - - Pool Bar - 100% guest use ,ox- 190 x 1.0 x 0.65/2.5 = 50 Spaces AU~3.199~ Linscott. Law & Greenspan, Engineers TABLE 6 tMEETINGlBANQUET PARKING DEMAND FOUR SEASONS HOTEL AtUM Carl s b ad, C a1 i fo rnia SC'MMARY: Weekday - Mid-Day - Early Evening - Late Evening Saturday - Early Evening Sunday - Md-Day 3 18 Spaces 228 Spaces 58 Spaces 4 17 Spaces 223 Spaces WEEKDAY - MID-DAY Assumptions Large Small Maul iuruor Meeting Mmg Board Bdlrooln Bollroom ROOITI Room Room Sue 11.7% SF 3,864 SF 2.184 SF 4,294 SF 756 SF MavrmumOccupancy 786penons 258persons 146pcnocu 286pmons 16Penons (1 Room) (7 Rooms) ( I5 SFPm) (1 5 SFPm) (1 5 SFPm) (1 5 SFPm) % occupancy Not Used IW? lW? 50% IW? % N~n-Guest *I_ 1Wh 1Wa 5W* of?? Vehlcle occupancy -.1 I 5 PdAuto 1.5 PdAuto 1 5 PdAuto - - - (258x 1.0~ 1.0/1.5)+(146x 1.0~ 1.0/1.5)+(286~0.50~0.50/1.5)= 172+98+48=318Spaces WEEKDAY - EARLY EVENMG .Assumptions . . - Main Ballroom not used Junior Ballroon open, 258 persons ail non-guest @ 2.5 persons per auto Large Meeting Room, 146 penons capacity at 100% occupancy, dl non-guest @ 2.5 persons per auto Meeting Rooms 286 persons capacity @ 75% . average occupancy, 75% non-guest @ 2.5 penons per auto - - - (258 x 1.012.5) + (146 x 1.0 x 1.012.5) + (286 x 0.75 x 0.7Y2.5) = 104 + 59 + 65 = 228 Spaces WEEKD AY - LATE EVE "G Assumptions - 25% of Early Evening (104 x 0.25) + (59 x 0.25) + (65 x 0.25) = 26 + 15 + 17 = 58 Spaces AugunL3, 1995 Linscott, Law & Greenspen, Engineers TABLE 6 (Continued) MEETINGlBANQUET PARKING DEMAND FOUR SEASONS HOTEL AVUW SATURDAY - EARLY Et‘ENIKG Assumptions C ark bad, Cali fomia Lxge Small Main -aor Meeting h.xtmg Board Ballroom Ballroom Room Room Room Mamm Occupancy 786 Persons 258 Pmns I46 persons 286 Pcmns 16 Persons (1 Room) (7 Rooms) Yo occupancy 1 00% 1 00% 1 00% 7 5% 100% YO Non-pest IW? 0% loo% 75% 0% Vehlcle occupancy 2.5 Pdauto - - - 2.5 PdAuto 2.5 PedAuto - - - (786 x 1.0 x 1.0/2.5) + (146 x 1.0 x 1.0i2.5) + (286 x 0.75 x 0.50/2.5) = 315 + 59 + 43 = 417 SUXDAY - MID-DAY Assumptions Large Small Maul Junior MeeungMeewg Board Ballroom Ba 1 lroom Room Rm ROOm ~mm~ccup- mperson~ 2saperxx~ 146 Persons 286 Persons 16 Persons % occupancy Not used 100% lW/o 50% Vehicle occupancy -*- 2.5 PdAuto 2.5 Pers’tAuio 2.5 PdAuto 0% (1 Room) (7 Rooms) % Non-guest --- 100% 100% 90% IW? .(258 x,l.O x 1.012.5) + (146 x 1.0 x 1.0/2.5) + (286 x 0.50 x 0.90123) = 104 + 52 + 67 = 223 Spaces Auglln 3. 199s Linscott, Law & Greenspan. Engineers TABLE 7 RETAIL PARKIIYG DEMASD FOUR SEASONS HOTEL AVLAR-4 Carl s b ad, Cali fo m la SUM31.4 RY: Weekday - Mid-Day - Early Evening - Late Evening Saturday - Early Evening Sunday - Mid-Day 14 Spaces 14 Spaces 7 Spaces 14 Spaces 14 Spaces WEEKDAY - MID-DAY Assumptions - - - All retailopen - - Shops (5) 4,094 SF, Hair Salon - 1,714 SF (Total = 5,808 SF) 14 Employees (0 1.0 employeelshop and 1 employed200 SF in Hair Salon) No customers from outside hotel. Employee parking @ 1 .O persons per auto (14 x 1 .O) = 14 Spaces WEED AY - EARLY EVEN TNG Assumptions - Same as Mid-Day (14 x 1.0) = 14 Spaces WEEKDAY - LATE EVENING Assumptions , - 50%ofMid-Day (14~ 1.0~0.50)~7Spa~e~ . SATURD AY --wY EVENING Assumptions - Same as weekday (14 x 1.0) = 14 Spaces SUNDAY - MID-DAY Assumptions - Same as weekday (14 x 1.0) = 14 Spaces 3.199s Linscott, Law C Greenspan, Engineers S CMM A RY: TABLE 8 EMPLOYEE PARKTXG DEMAND FOUR SEASONS EOTEL AVUR4 Carlsbad, California Weekday - Mid-Day - Early Evening - Late Evening Saturday - Early Evening Sunday - Mid-Day 105 Spaces 77 Spaces 55 Spaces 115 Spaces 89 Spaces WEEKDAY - MID-DAY Assumptions - Staffing @ 1.0 persons per guest key - - - 517th of staff at work each day 65% on duty @ Mid-Day Average vehicle occupancy 1.5 persons per auto (Monterey Doubletree Inn Survey, 1982) 337 x 1.0 x 51fx 0.6Y1.5 = 105 Spaces ,WEEKDAY - EARLY EVEN TNG Assumptions - 35% of daily staff on duty - Average vehicle occupancy 1.1 persons per auto 337 x 1.0 x 517 x 0.3511.1 = 77 Spaces Wa .. Assumptions - 25% of daily staff on duty - Average vehicle occupancy 1.1 persons per auto 337x l.Ox5/7xO.25/1.1 =55Spaces SATURD AY - EARL YEVE "G Assumptions - Same as weekday x 1.50 to account for BanquetMeeting 337 x 1.0 x 517 x 0.3511.1) x 1.5 = 115 Spaces SUNDAY - MID-DAY Assumptions - 55% of daily staff on duty - Average vehicle occupancy 1.5 persons per auto 337 x 1.0 x 5/7 x 0.5511.5 = 89 Spaces - 3.199s t \b Linscott, Law & Greenspan, Engineers TABLE 9 AVURA SPORTS CLUB PARKING DEMAZID Carlsbad. California SUMMARY: Weekday - Mid-Day - Early Evening - Late Evening Saturday - Early Evening Sunday - Mid-Day 230 Spaces 351 Spaces 76 Spaces 12 1 Spaces 186 Spaces WEEKDAY - MID-DAY Assumptions - - - Tennis Courts (12), Racquetball Couns (4), @ 4 0 spaces per COUR based on 50/50 mix of singles and doubles Sports Club Building 46,830 SF @ 6.7 spaces per 1,000 SF (1 0 spaces per 150 SF) based on LLG Health Club parking survey data 220 Seat Restaurant (140 indoor seats - 80 outdoor seats), 85% occupancy, 3 5% outside user (non-hotel Questlnon-Sports Club member) @ 2.5 persons per auto 50% hotel guestltime share - 50% non-guest (club and courts) Spons Club employees included in parking demand rate. Restaurant employees @ 1 employee per 15 seats @ 1.1 persons per auto. Time share occupants are members of Sports Club - - - (12 x 4.0 x 0.50) + (4 x 4.0 x 0.50) + (46,830 x 6.7/1000 x 0.50) + (220 x 0.85 x 0.3Y2.5) + (220/15/1.1) = 24 + 8 + 157 + 27 + 14 = 230 Spaces WEEKDAY - EARLY EVENTNG Assumptions - - Same as Mid-Day, except 10% hotel guest, 10% time share and 80% non- guest (Sports Club and Tennis Courts) Restaurant 75% occupancy, 50% outside user @ 2.5 persons per auto (I2 x 4.0 x 0.80) + (4 x 4.0 x 0.80) + (46,830 x 6.7/1000 x 0.80) + (220 x 0.75 x 0.50/2.5) + (220/15/1.0) - 39 + 13 + 251 + 33 + 15 = 351 WEEKD AY - LATE EWKRJG Assumptions - Tennis courts closed - - - 100% non-hotel guest - Outdoor Restaurant seats closed (80 eats) 35% 50% outside user @ 2.5 persons per auto. Racquetball courts 3 50% usage Sports Club Building 3 15% usage Qq (4 x 4.0 x 0.50 x 1.0) + (46,830 x 6.7/1000 x 0.15 x 1.0) + (140 x 0.35 x 0.50/2.5) + (140/15/1.0) = 8 + 48 + 10 + 10 = 76 \ August 3, 1995 - Linscott, Law & Greenspan, Engineers TABLE 9 (Continued) AVURA SPORTS CLUB PARICTNG DEMAND Carlsbad, California SATURDAY - EARLY EVEAXING Assumptions - - - Tennis and Racquetball Couns same as weekday - early evening with 50% usage factor Sports Club Building @, 20% usage Wm evening with outdoor seating 85% occupancy, 50% outside user @, 2.5 persons per auto (12 x 4.0 x 0.80 x 0.50) + (4 x 4.0 x 0.80 x 0.50) + (46,830 x 6.7/1000 x 0.80 x 0.20) + (220 x 0.85 x 0.50/2.5) + (220/15/1.0)) = 20 + 7 + 51 + 38 + I5 = 131 Spaces SUND AY - MID-DAY Assumptions - - - Tennis and Racquetball Courts same as weekday - Mid-Day Sports Club with 10% hotel guest, 10% time share and 80% non-guest, @ 30% Usage Sunday Brunch, 100% occupancy, 50% outside user @ 2.5 persons per auto (12 x 4.0 x 0.80) + (4 x 4.0 x 0.80) + (46,830 x 6.7/1000 x 0.80 x 0.30) + (220 x 1.0 x 0.50/2.5) *(220/15/1.1)=39+ 13 +76+44+ 14= 186Spaces ’ I. August 3, 1995 Linscott, Law 81 Greenspan, Engineers SUMMARY: TABLE 10 GOLF COURSE PARKING DEMAND FOUR SEASONS AWARA RESORT Carlsbad. California Weekday - Mid-Day - Early Evening - Late Evening Saturday - Early Evening Sunday - Mid-Day 110 Spaces 84 Spaces 26 Spaces 82 Spaces 101 Spaces WEEKDAY - MID-DAY Assumptions - - - Playing Course, 18 holes, at 6.0 spaces per hole (City Code) 1.0 usage factor, 50% hotel guest - 50% non-guest Driving Range, 22 tees, at 1 .O spaces per tee (City Code), 1 .O usage factor, 50% hotel guest - 50% non-guest Dining Room and Bar: 2,000 SF Dining Room with 90 seats maximum (at 22 SF per person); l,S20 SF BarLounge, 73 scats maximum (at 18 SF per person) 85% occupancy (40% golfer, 60% non-golfer), 50% guest - 50% non- guest @ 2.5 persons per auto Employee at 1 .O persons per 1,000 SF (29,830 SF Club House) @ I. 1 persons per auto - (18 x 6.0 x 1.0 x 0.50) + (22 x 1.0 x 1.0 x 0.50) + (163 x 0.85 x 0.60 x 0.5012.5) + (3011.1) = 54 + 1 1 + 1 7 + 28 = 1 10 Spaces WEEKDAY - EARLY EVENING Assumptions .’. - Summer Evening - - - - Playing Course, usage factor 0.67 (2/3 of midday) no persons waiting to play, 50% non-guest Driving Range, no lighting, usage factor 0.67, 50% non-guest Dining Room and Bar 163 seats maximum, 75% occupancy (20% golfer, 80% non-golfer), 50% guest - 50% non-guest @ 2.5 persons per auto Employees at 0.67 of midday @ 1.1 persons per auto (18 x 6.0 x 0.67 x 0.50) + (22 x 1.0 x 0 67 Y 0.50) + (163 x 0.75 x 0.80 x 0.50/2.5) + (30 x 0.67i1.1) = 37 + 8 + 20 + 19 = 84 spaces August3, 1995 i \ ,c\ Linscott, Law & Greenspan, Engineers TABLE 10 (Continued) GOLF COURSE PARKING DEhUXD FOUR SEASONS AVURA RESORT Carlsbad, California WEEKDAY - LATE EVEZrTNG Assumptions - Playing Course closed - Driving Range closed - Dining Room and Bar, 35% occupancy, 50% guest - 50% non-guest @ 2/5 persons per auto Employee at 50% of mid-day - (163 x 0 35 x 0.50/2.5) + (30 x 0.50/1.1) = 12 + 14 = 26 spaces SATURDAY - EARLY EVENING Assumptions - Summer evening - - - - Playing Course usage factor 0.50 (112 of midday) no persons waiting to play, 50% non-guest Driving range, no lighting, usage factor 0.50, 50% non-guest Dining Room and Bar 163 Seats maximum, 100% occupancy (10% golfer, 90% non-golfer), 50% non-guest @ 2.5 persons per auto Employee at 0.67 of weekday mid-day @ 1.1 persons per auto (18 x 6.0 x 0.50 x 0.50) + (22 x 1.0 x 0.50 x 0.50) + (163 x 1.0 x 0.90 x 0.50i2.5) + (30 x 0.67/1.1) = 27 + 6 + 30 + 19 = 82 Spaces SUNDAY - MID-DAY Assumptions - Same as weekday mid-day, except employees at 0.67 of weekday 54 (Playing Course) + 11 (Driving Range) + 17 (Dining Room and Bar) + (28 xO.67) = 101 Spaces August 3, 1995 - Linscott, Law & Greenspan, Engineers T.4BLE A PARKLVG SUPPLY - DEMAND FOUR SEASONS AWARA - RESORT HOTEL WITH VOID SPACE AS TEMPORARY RESORT CLUB SALES ALXD ADbIN. Carlsbad, California Wetkdav Eady Late Mid-Dav Evening Evening Paficlng Supply' (5 Level) 65 1 65 1 65 1 Hotel Demand' SUrpl&fic1enq [ ] 73 58 290 Temporary Resorr Club UI Hotel' -72 -36 -0 Surpl&fic1mq [ ] [I] 22 290 Avadable for Shad Parkinp 6) Sporu Club' 127 NoNeal NoNd .-- I-- Ranammg Surplw 3 Sporu Club Avadable fix Shared Partung @ Golf Cod NoNeed NoNeed NoNeed 126 Eady 65 I 65 I a -jtj [I691 '6 -36 -54 [205] [22] 235 NoNeed 30 --. NoNeed Nokd ' Parkng SUQP~Y per WATG plan of 7-26-95 ' Hotel Demand m Table 2. ' Parluag (72) for tempomy Res~rr Club m Hotel based on pr~je~ted otafting and potential buyers; 59 staE13 1 1 persons per auto (54) and 1 8 buyers (1 2 buyers plw 5Wo overiop) @ 1 0 per auto ( 18 spaces). Weekday md-day @ 1 Wh early evenrng 50%. late wag closed. Saturday dy everung @ 50% Sunday midday @ 75% ' Avadable for Shared Parlung @ Spom Club see Table C Avdable for SW P8riang @ Golf Cm sce Table E Linscott, Law & Greenspan, Engineers TABLE B PARKLYG SUPPLY - DEAtUND FOUR SEASONS AWRA - RESORT HOTEL WIT" VOID SPACE AS MEETIYG ROOM SPACE PER 1990 BbiILDIXG PIA3 Carl sbad, Cali fomia Wtekdav Saturday Sundav Early Late Early Mid-Day Evening Evening Evening &lid-Dav Parlung Supply' (5 Level) 65 1 65 I 65 1 65 1 65 I -57j SraplwDcficlmCv [ 1 73 58 290 [I691 76 Hotel Demand' -j78 m 2LL m - Void Space as Meeting Space per 1990 Plan' -162 -139 -49 -134 -137 Surpldhficimcy [ ] [89] [SI] 24 1 [303] [61L Avulable for Shared Parlung Ca Sporu Club' I27 24 NoNed 23 5 175 1 I4 38 ..- ' Phg Supply pa WATG PIM of 7-26-95 * Hotel Demand see Table 2. ' For Void Space as Mamg Room Space see Table D ' Avulable fot Shared Parlung @ Sporu Club sct Table C. ' Avulable for Shared Parlung @ Golf Course see Table E. Augus3.1995 Linscott, Law & Grwnspan, Engineers TABLE C AVMRA SPORTS CLUB PARKLYG FOUR SEASONS AtURA Carl s b ad, C a1 i fo mi a "STZE" SPORTS CLUB PARKmG Assumptions - - Peak demand of 35 1 spaces (Spons Club 303 spaces, Restaurant 48 spaces) Spons Club demand based on City Parking Code which includes allowance factor for circulation Restaurant circulation factor of 10% - Sports Club Restaurant 48 x 1.10 = Total Parking Needed 303 spaces - 53 spaces 356 spaces Actual Parking Supply 380 spaces SATURD AY EVElVTNG SHARED PARKING Assumptions - Saturday Evening demand of 13 1 spaces Parking supply of 380 spaces (minimum) - 10% contingency - Supply Demand 131 x 1.10= Available for Shared Parking 380 spaces 145 spaces 235 spaces SUNDA Y BRUNCH SHARED PARK ING Assumptions - Sunday Brunch demand of 186 spaces - 10% Contingency . 1, - Parking supply of 380 spaces Supply Demand 186 x 1.10 = Avaiiable Ebr Shared Parking 380 spaces 205 spaces 175 spaces WEEKDAY MID-DAY SHARED PARKlNG Assumptions - Weekday Mid-Day demand of 230 spaces - lP/o Contingency - Parking Supply of 380 spaces Supply Demand 230 x 1.10 = Available for Shared Parking 380 spaces 127 spaces 2mR&xs Linscott, Law 6 Greenspan, Engineers TABLE D VOID SPACE AS MEETING SPACE PER 1990 BUILDING PLAiy FOUR SEASOYS AMAR.4 Carlsbad. California PARKING DEiMAlYD SUMMARY: Weekday - Mid-Day 154 Spaces - Early Evening 124 Spaces - Late Evening 32 Spaces Saturday - Early Evening 124 Spaces Sunday - Mid-Day 13 1 Spaces ASSUMPTI0 NS Large Meeting Room (4) 2,445 SF 1,826 SF 1,680 SF lau€ 7574 SF Small Meting Room (3) 646 SF 618 SF ZUE MUE 9414 SF Board Room (16 seats) Theater (1 30 seat) 740 SF 2300SF WEED AYMID- DAY Ast.lmpuoru Luge Sdl Bcurd Meeung Room Room MectmgRoan site 1,574 SF 1,840 SF 740 SF (4 -1 (3 mm MaximumOcc~ SOSpenons 62 PeMw ldpcrsons. (1 S SFIPen) (30 SF/pm) % occupancy 6% 50% 1OOYa % Na-Guest 65% 50% 50% Auto Occupancy 1.5 pas/cluto I 5 pm/auto --- (505 x 0.65 x 0.6511.5) + (62 x 0.50 x 0.50/1.5) = 143 + 11 = 154 spaces August 3. 1995 Linscott, Law & Greenspan, Engineers TABLE D (Continued) PARKING DEMASD VOID SPACE AS MEETING SPACE PER 1990 BUILDING PUX FOUR SEASONS AURA Cadsbad, California WEEKDAY EARLY EVENING Assumptions -Large Meeting Rooms, 505 persons capacity @ 75% average occupancy, 75% non-pest @ 2.5 persons per auto -Small Meeting Rooms, 62 persons capacity @ 75% average occupancy, 50% non-guest @ 2.5 persons per auto (505 x 0.75 x 0.7Y2.5) + (62 x 0.75 x 0.50/2.5) = 114 + 10 = 124 spaces WEED AY LATE EVENMG Assumptions - 25% of Early Evening (1 14 x 0.25) + (10 x 0.25) = 29 + 3 = 32 spaces SATURDAY EARLY EVENllvG AssumpUoaS Large Small Board Meeung Room Meeting Room ROOm MawnumOccupancy 505pcnons 62 pmons 16 penoru (4 -1 (3 -1 %o=uv=Y 75% 75% IW? % Non-Gucst 75% 5O?h 0% Auto Occupurcy 2.5 pas/wo 2.5 @auto --- (505 ~''0.75 x 0.7923) + (62 x 0.75 x 0.50/2.5) = 114 + 10 = 124 Spaces SUNDAY MTD-DAY Assumpuons . hge Small Board McttingRann Meting Room Room MaxunumOccupracr SOSpcnonr 62 persons 16 pmolu (4 -1 (3 rooms) % occupancy 65% 50% 100% % Non-Guest 90% 90% 0% Auto Occupancy 2.5 pedauto 2 5 pedauto --- (505 x 0.65 x 0.9012.5) + (62 x 0.50 x 0.90/2.5) = 119 + 12 = 13 1 spaces Note: Theater (2300 SF) used in conjunction with other conferencdmeeting space use, whose occupants are already accounted for in the parking analysis. August 3, 1995 4 \\ - - Linscott, Law & Greenspan. Engineers TABLE E GOLF COURSE PARKLYG FOUR SEASONS HOTEL At’MFU Carisbad, California Assumptions: - Existing Parking Supply, 179 spaces (1 3 1 @ Clubhouse, 48 @ Driving Range) Weekday - Mi d-d ay 1 10 Spaces Late Evening 26 Spaces - Parking Demand per Table 10 - Early Evening 84 Spaces Saturday - Early Evening 82 Spaces Sunday - Mid-Day 101 Spaces - 10% Contingency AVAILABLE FOR SHARED PARKTNG Weekday Mid-day Supply 179 Available for Shared Parking 58 Demand 110x1.10= 121 3 Weekday Eariy Evening Supply 179 Demand 84x 1.10.. Available for Shared Parking 87 Saturday Early Evening Supply 179 Demand 82x 1.10= 2 . c. Available for Shared Parking 89 Sunday Midday (Brunch) Supply 179 Demand 111 Available for Shared Parking 68 Auw3.1995 Awuu294 1737.hg 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2a PLANNING COMMISSION RESOLUTION NO. 3807 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A SITE DEVELOPMENT PLAN AMENDMENT TO ALLOW REVISIONS TO THE HOTEL AND SPORTS CENTER DEVELOPMENT SITES ON PROPERTY GENERALLY LOCATED SOUTH OF ALGA ROAD BETWEEN BLACK RAIL COURT AND BATIQUITOS DRIVE, IN AVIARA PLANNING AREAS 2,lO AND 11, IN LOCAL FACILITIES MANAGEMENT ZONE 19. CASE NAME: FOUR SEASONS AVIARA RESORT CASE NO: SDP 86-02(B) WHEREAS, Aviara Resort Associates has filed a verified application with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request for a site development plan amendment as provided by Chapter 21.06 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on the 20th day of September, 1995, hold a duly noticed public hearing to consider said application on property described as: Lots 4 and 5 of Carlsbad Tract 85-35, Phase I Unit A, according to Map No. 12409, filed June 29, 1989; lots 87, 88, 89 and portions of lot 232 of Carlsbad Tract 85-35, Phase I Unit B, according to Map No. 12410, filed June 29, 1989; portion of parcel 2 of Parcel Map 16451, filed April 15, 1991, all in the City of Carlsbad, County of San Diego, State of California; WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Planning Commission considered all factors relating to SDP 86-02(B). 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. 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 B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of Site Development Plan Amendment, SDP 86-02(B), based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. The Planning Commission finds that: a) the project is a subsequent development as identified in Section 210833 of the California Environmental Quality Act; b) the project is consistent with the Aviara Master Plan (MP 177); c) there was an EIR certified (EIR 83-02(A)) in connection with the Aviara Master Plan (MP 177); d) the project has no new significant environmental effect not analyzed as significant in the prior EIR (EIR 83-02(A)); e) none of the circumstances requiring Subsequent or Supplemental EIR under CEQA Guidelines Sections 15 162 or 15163 exist; The Planning Commission finds that all feasible mitigation measures or project alternatives identified in the EIR (EIR 83-02(A)) which are appropriate to this Subsequent Project have been incorporated into this Subsequent Project. The City’s MEIR found that air quality and circulation impacts are significant and adverse; therefore, the City Council adopted a statement of overriding considerations. The project is consistent with the General Plan and as to those effects, no additional environmental document is required. The project is consistent with the City-Wide Facilities and Improvements Plan, the applicable local facilities management plan, and all City public facility policies and ordinances since: a) The project has been conditioned to ensure that building permits will not be issued for the project unless the District Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the District Engineer is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. b) All necessary public improvements have been provided or are required as conditions of approval. c) The developer has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and \\ 8 1 PC RES0 NO. 3807 -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 5. 6. 7. 8. 9. 10. payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code, This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 19. That the requested use is properly related to the site, surroundings and environmental settings; is consistent with the various elements and objectives of the General Plan; will not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located; and will not adversely impact the site, surroundings or traffic circulation, in that the proposed hotel and sports center development does not require expansion of the total graded area; the areas of the project are designated for tourist-related recreational commercial uses, all parking areas have proper circulation and landscaping, and the existing native habitat is being maintained; the open space areas buffer nearby residential development; and the proposed development plan tits within the existing graded area and the surrounding street system can accommodate the additional traffic generated by the hotel and sports center uses. That the site for the intended use is adequate in size and shape to accommodate the use, in that no expansion of the total graded area or planning area boundaries are necessary to fit the proposed development. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that adequate fire suppression zones will exist around the development, all walls over six feet in height shall be aesthetically treated with planting and all landscaping shall be in harmony with the large scale of the development. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the entire project will generate an additional 4,826 trips which can be accommodated on either Alga Road or Batiquitos Lane, having a maximum capacity of 20,000 ADT and 10,000 ADT, respectively. Plannine Conditions: 1. The Planning Commission does hereby recommend approval of the Site Development Plan Amendment for the Destination Resort project entitled "Four Seasons Aviara Resort" (Exhibits "A" - "SSS" on file in the Planning Department and incorporated PC RES0 NO. 3807 -3- \iCz 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 2. 3. 4. 5. 6. 7. 8. by this reference, dated September 20, 1995), subject to the conditions herein set forth. Staff is authorized and directed to make or require the Developer to make all corrections and modifications to the Site Development Plan Amendment Documents, as necessary to make them internally consistent and conform to City Council's final action on the project. Development shall occur substantially as shown on the approved exhibits. Any proposed development substantially different from this approval, shall require an amendment to this approval. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. The Developer shall provide the City with a reproducible 24" x 36", mylar copy of the Site Plan as approved by the final decision making body. The Site Plan shall reflect the conditions of approval by the City. The Plan copy shall be submitted to the City Engineer and approved prior to building, grading, final map, or improvement plan submittal, whichever occurs first. The Developer shall include, as part of the plans submitted for any permit plan check, a reduced, legible version of the approving resolution/resolutions on a 24" x 36" blueline drawing. Said blueline drawing(s) shall also include a copy of any applicable Coastal Development Permit and signed approved site plan. Building permits will not be issued for development of the subject property unless the District Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. The Developer shall pay the public facilities fee adopted by the City Council on July 28, 1987 (amended July 2, 1991) and as amended from time to time, and any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or Facilities and Improvement Plan and to fulfill the subdivider's agreement to pay the public facilities fee dated May 10, 1995, a copy of which is on He with the City Clerk and is incorporated by this reference. If the fees are not paid, this application will not be consistent with the General Plan and approval for this project will be void. 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. Approval of SDP 86-02(B) is granted subject to the approval of MP 177(0), LCPA 90-03(A), CUP 90-05(A), CT 95-02, PUD 102(A) and HDP 95-11. SDP 86-02(B) is subject to all conditions contained in Planning Commission Resolution Nos. 3802, 3803,3806,3804,3805 and 3809 for MP 177(0), LCPA 90-03(A), CUP 90-05(A), CT 95-02, PUD 102(A) and HDP 95-11, respectively. I 3-o 8 PC RES0 NO. 3807 -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 9. 10. 11. 12. 13. 14. 15. 16. 17. Prior to the issuance of building permits, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifymg all interested parties and successors in interest that the City of Carlsbad has issued a Site Development Plan Amendment by Resolution No. 3807 on the real property owned by the developer. 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 Planning Director 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. Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates pursuant to City standards. Location of said receptacles shall be approved by the Planning Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director. An exterior lighting plan including parking areas shall be submitted for Planning Director approval. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. No outdoor storage of material shall occur onsite unless required by the Fire Chief. In such instance a storage plan will be submitted for approval by the Fire Chief and the Planning Director. The Developer shall prepare a detailed landscape and irrigation plan in conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. The plans shall be submitted to and approval obtained from the Planning Director prior to the approval of the final map, grading permit, or building permit, whichever occurs first. The Developer shall construct and install all landscaping as shown on the approved plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. The first submittal of detailed landscape and irrigation plans shall be accompanied by the project’s building, improvement, and grading plans. The Developer shall submit and obtain Planning Director approval of a uniform sign program for this development prior to occupancy of any building. Building identification and/or addresses shall be placed on all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast to their background color. The Developer shall provide bus stops to service this development at locations and with reasonable facilities to the satisfaction of the North County Transit District and the Planning Director. Said facilities, if required, shall at a minimum include a bench, free from advertising, and a pole for the bus stop sign. The bench and pole PC RES0 NO. 3807 -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 18. 19. 20. 21. 22. 23. 24. shall be designed to enhance or be consistent with the basic architectural theme of the project. Prior to approval of the grading permit or building permit, whichever occurs first, the Developer shall receive approval of a Coastal Development Permit issued by the California Coastal Commission that substantially conforms to this approval. A signed copy of the Coastal Development Permit must be submitted to the Planning Director. If the approval is substantially different, an amendment to this Site Development Plan Amendment shall be required. The approved landscape plans shall reflect the following minimum size requirement. Most of the palm trees around the main hotel shall be a minimum size of 30 feet, brown trunk height. The actual specimens of trees used for landscaping shall be inspected and approved by the Planning Director prior to planting. Approval of Site Development Plan SDP 86-02(B), and related applications, is subject to the condition that the proposed valet and shuttle service be operated and maintained continuously by the hotel operator in perpetuity for the life of the hotel. Any substantial changes, as determined by the Planning Director, shall necessitate a formal amendment to Site Development Plan SDP 86-02(B). Approval of Site Development Plan 86-02(B) is subject to the condition that prior to the issuance of grading permits, all deed restricted areas as shown on Exhibits "A" - "J", dated September 20, 1995, must be staked and fenced as delineated by a licensed surveyor on site. These staked areas shall be required to be shown on the approved grading plans. Should any accidental encroachment occur, the project applicant shall be required to: a) Submit a revegetation plan for approval by the Planning Director and the California Coastal Commission; and b) After approval of the revegetation plan is granted, the revegetation shall be required to be completed within two weeks of the time of approval. Approval of Site Development Plan SDP 86-02(B) is subject to the condition that all Special Events, as defined in Section 8.17.010 of the Carlsbad Municipal Code including, but not limited to, golf tournaments and tennis tournaments, shall require a Special Events Permit, pursuant to Sections 8.17.050 and 8.17.060. Included in this permit application shall be a parking and circulation plan. Facilities not essential to the Special Event may be temporarily closed for the length of the event, as determined to be necessary by the Planning Director. Approval of Site Development Plan SDP 86-02(B) is subject to the condition that all retaining walls over a height of six feet shall be treated with landscaping in accordance with Exhibits "K" - "VI, dated September 20, 1995. The developer shall make a good faith effort to construct a majority of the tennis courts at the Sports Center, concurrent with the construction of the hotel. ,. PC RES0 NO. 3807 -6- ,P- 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 Endneering Conditions: NOTE: Unless specifically stated in the condition, all of the following engineering conditions upon the approval of this site plan must be met prior to approval of any building or grading permits for the project: 25. 26. 27. The owner shall give written consent to the annexation of the area shown within the boundaries of the site plan into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 on a form provided by the City. The developer shall comply with the City’s requirements of the National Pollutant Discharge Elimination System (NPDES) permit. The developer shall provide best management practices to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be approved by the City Engineer prior to issuance of grading or building permit, whichever occurs first. The structural section for the access aisles must be designed 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. The structural pavement design of the aisle ways shall be submitted together with required R-value soil test information and approved by the City as part of the building site plan review. Water District Conditions: 28. The entire potable water system shall be reviewed and revised to meet latest District’s Standards and Specifications. 29. The Developer shall be responsible for all fees, deposits and charges which will be collected before and/or at the time of issuance of the building permit. The San Diego County Water Authority capacity charge will be collected at issuance of application for meter installation. The existing fees for plan checking-processing shall be reviewed and adjusted as necessary. 30. Sequentially, the Developer’s Engineer shall do the following: a) Meet with the City Fire Marshal and establish any revisions to the original fire protection requirements. Also obtain any changes in the GPM demand for domestic and irrigational needs from appropriate plans. b) Prepare a revised colored reclaimed water use area map and submit to the Planning Department for processing and approval. c) Prior to the revision of the water improvement plans, a meeting must be scheduled with the District Engineer for review, comment and approval of the preliminary system layouts and usages (i.e. - GPM - EDU). PC RES0 NO. 3807 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 10 19 20 21 22 23 24 25 26 27 28 31. 32. 33. This project is approved on the expressed condition that building permits will not be issued for development of the subject property, unless the water district serving the development determines that adequate water service and sewer facilities are available at the time of application for such water service and sewer service permits and will continue to be available until time of occupancy. The original improvement plans for the sewer and reclaimed water systems were processed and approved by the City of Carlsbad Engineering Department -- Revision of these systems must be approved by the City Engineer. Potable water improvement plans for Carlsbad Tract No. 85-35, Unit B, City Dwg No 313-5A & 5D, have been approved by the Water District, and these plans must be revised and meet the conditions as stated above. General Conditions: 34. If any of the foregoing 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 modi@ 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; 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 Resolution. Code Reminders: NOTE: The project is subject to all applicable provisions of local ordinances, including but not limited to the following code requirements: 35. 36. 37. 38. The Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. The following note shall be placed on the Final Site Plan: "Prior to issuance of a building permit for any buildable lot within the subdivision, the Developer shall pay a one-time special development tax in accordance with the City Council Resolution NO. 91-39." 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 provide herein. The project shall comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Building Code. 4 PC RES0 NO. 3807 -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 39. 40. 41. 42. 43. 44. 45. 46. 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 Planning and Building. All landscape and irrigation plans shall be prepared to conform with the Landscape Manual and submitted per the landscape plan check procedures on file in the Planning Department. 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 Planning Director prior to installation of such signs. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. 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. Prior to the issuance of grading permit the developer must submit and receive approval for grading plans in accordance with City Codes and Standards. NOTE. If the disturbed area is five acres or more, prior to the issuance of a grading permit or building permit, whichever occurs first, the developer shall submit proof that a Notice of Intention has been submitted to the State Water Resources Control Board. No grading shall occur outside the limits of the project unless a grading or slope easement is obtained from the Owners of the affected properties. If the developer is unable to obtain the grading or slope easement, the plans shall be modified so grading will not occur outside the project site in a manner which substantially conforms to the approved site plan as determined by the City Engineer and Planning Director. Additional drainage easements may be required. Drainage structures shall be provided or installed prior to or concurrent with any grading or building permit as may be required by the City Engineer. Pretreatment of the sanitary sewer discharge from this project may be required. In addition to the requirements for a sewer connection permit the developer shall conform to the requirements of Chapter 13.16 of the Carlsbad Municipal Code. The applicant shall apply for an industrial waste water discharge permit concurrently with the building permit for this project. PC RES0 NO. 3807 -9- L 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 47. The developer shall exercise special care during the construction phase of this project to prevent oftkite siltation. Planting and erosion control shall be provided in accordance with the Carlsbad Municipal Code and the City Engineer. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 20th day of September, 1995, by the following vote, to wit: AYES: Chairperson Welshons, Commissioners Savary, Noble, Nielsen, Erwin, Monroy and Cornpas. NOES: None ABSENT: None ABSTAIN: None KIM WELSHONS, Chairperson CARLSBAD PLANNING COMMISSION ATTEST /7 PC RES0 NO. 3807 - 10- 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 PLANNING COMMISSION RESOLUTION NO. 3809 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN EXCLUSION TO THE REQUIREMENTS OF THE HILLSIDE DEVELOPMENT ORDINANCE TO ALLOW GRADING ON HILLSIDE LANDS ON PROPERTY GENERALLY LOCATED SOUTH OF ALGA ROAD BETWEEN BLACK RAIL COURT AND BATIQUITOS DRIVE, IN AVIARA PLANNING AREAS 2, 9, 10, AND 11, IN LOCAL FACILITIES MANAGEMENT ZONE 19. CASE NAME: FOUR SEASONS AVIARA RESORT CASE NO: HDP 95-11 WHEREAS, Aviara Resort Associates has filed a verified application with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request for an exclusion to the requirements of the Hillside Development Ordinance as provided by Chapter 21.95 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on the 20th day of September, 1995, hold a duly noticed public hearing to consider said application on property described as: Lots 4,5,6,7,8, 9 and a portion of lot 10 of Carlsbad Tract 85- 35, Phase I Unit A, according to Map No. 12409, filed June 29, 1989; lots 87, 88, 89 and portions of lot 232 of Carlsbad Tract 85-35, Phase I Unit B, according to Map No. 12410, filed June 29, 1989; portion of parcel 2 of Parcel Map 16451, filed April 15, 1991, all in the City of Carlsbad, County of San Diego, State of California; WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Planning Commission considered all factors relating to HDP 95-11; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 1 Commission as follows: \* 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) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of the exclusions to the Hillside Development Ordinance, HDP 95-11, based on the following findings: Findings: 1. The Planning Commission finds that: a) the project is a subsequent development as identified in Section 210833 of the California Environmental Quality Act; b) the project is consistent with the Aviara Master Plan (MP 177); c) there was an EIR certified (EIR 83-02(A)) in connection with the Aviara Master Plan (MP 177); d) the project has no new significant environmental effect not analyzed as significant in the prior EIR (EIR 83-02(A)); e) none of the circumstances requiring Subsequent or Supplemental EIR under CEQA Guidelines Sections 15 162 or 15 163 exist; 2. The Planning Commission finds that all feasible mitigation measures or project alternatives identified in the EIR (EIR 83-02(A)) which are appropriate to this Subsequent Project have been incorporated into this Subsequent Project. 3. The City’s MEIR found that air quality and circulation impacts are significant and adverse; therefore, the City Council adopted a statement of overriding considerations. The project is consistent with the General Plan and as to those effects, no additional environmental document is required. 4. The project is consistent with the City-Wide Facilities and Improvements Plan, the applicable local facilities management plan, and all City public facility policies and ordinances since: a) The project has been conditioned to ensure that building permits will not be issued for the project unless the District Engineer determines that sewer service is available, and building cannot occur within the project unless sewer senrice remains available, and the District Engineer is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. b) All necessary public improvements have been provided or are required as conditions of approval. PC RES0 NO. 3809 -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 5. 6. 7. a. 9. 10. 11. 12. 13. c) The developer has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 19. That areas which were previously disturbed by authorized grading associated with the previous hotel, sports center, and multifamily residential development have been identified on the constraints map in accordance with Section 21.95.090 of the Carlsbad Municipal Code. These slope areas are therefore excluded from the requirements of the Hillside Development Ordinance. That areas with topographic change less than fifteen feet in height and less than four thousand square feet in area, which are not a part of the surrounding generalized slope and involving small isolated ravines have been identified on the constraints map in accordance with Section 21.95.090 of the Carlsbad Municipal Code. The surrounding slope areas have been altered through authorized grading and the alteration of the subject slope areas will produce no significant effects on the environment. These slope areas are therefore excluded from the requirements of the Hi I I side Development Ordinance. That hillside conditions have been properly identified on the constraints map which show existing and proposed conditions and slope percentages. That undevelopable areas of the project, i.e. slopes over 40%, have been properly identified on the constraints map. That the development proposal is consistent with the intent, purpose, and requirements of the Hillside Development Ordinance, Chapter 21.95, in that the only steep slope areas being graded are those steep slope areas excluded in accordance with Section 21.95.090 of the Carlsbad Municipal Code. That the proposed development or grading will not occur in the undevelopable portions of the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code, in that the manufactured and isolated slopes to be graded are excluded from the requirements of the Hillside Development Ordinance, Chapter 21.95, and all other steep slope areas are remaining preserved. That the project design substantially conforms to the intent of the concepts illustrated 4 PC RES0 NO. 3809 -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 in the Hillside Development Guidelines Manual, in that all native, non-excluded slope areas are remaining preserved. 14. That the project design and lot configuration minimizes disturbance of hillside lands, in that the proposal can be accommodated without expanding the total graded area. Plannine Conditions: 1. The Planning Commission does hereby recommend approval of the exclusions to the requirements of the Hillside Development Ordinance for the Destination Resort Project entitled “Four Seasons Aviara Resort” (Exhibits “A - “SSS”, dated September 20, 1995, on file in the Planning Department and incorporated by this reference), subject to the conditions herein set forth. Staff is authorized and directed to make or require the Developer to make all corrections and modifications to the approving documents, as necessary to make them internally consistent and conform to City Council’s final action on the Project. Development shall occur substantially as shown on the approved exhibits. Any proposed development substantially different fiom this approval, shall require an amendment to this approval. 2. Approval of HDP 95-11 is granted subject to the approval of MP 177(0), LCPA 90- 03(A), SDP 86-02(B), CUP 90-05(A), CT 95-02, and PUD 102(A). HDP 95-11 is subject to all conditions contained in Planning Commission Resolution Nos. 3802, 3803, 3807, 3806, 3804, and 3805 for MP 177(0), LCPA 90-03(A), SDP 86-02(B), CUP 90-05(A), CT 95-02, and PUD 102(A), respectively. 3. Prior to approval of the grading permit or building permit, whichever occurs first, the Developer shall receive approval of a Coastal Development Permit issued by the California Coastal Commission that substantially conforms to this approval. A signed copy of the Coastal Development Permit must be submitted to the Planning Director. If the approval is substantially different, an amendment to the Hillside Development Ordinance exclusions shall be required. General Conditions: 4. If any of the foregoing 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; 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 Resolution. .... .... PC RES0 NO. 3809 \ 3O -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 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 20th day of September, 1995, by the following vote, to wit: AYES: Chairperson Welshons, Commissioners Savary, Noble, Nielsen, Erwin, Monroy and Compas. NOES: None ABSENT: None ABSTAIN: None KIM WELSHONS, Chairperson CARLSBAD PLANNING-COMMISSION PC RES0 NO. 3809 -5- \ 3' - EXHlBlT 5 && Rc City d Wd pluuiy De~vbrtrt A REPORT TO THE PLANNING COMMISSION P.C. AGENDA OF: September 20, 1995 Application complete dates: for MP/LCPA/SDP/CT & Aug 15, 1995 PUD/CUP/HDP July 12, 1995 Project Planner: Michael Grim Project Engineer: Jim Davis SUBJECT: rw 1 77(0)/L CPA 90-03(A)/SDP 86-02(B)/CUP 90-05(A)/CT 95-02PUD 102(A)/HDP 95-11 - FOUR SEASONS AVIARA RESORT - Request for a Master Plan Amendment and Local Coastal Program Amendment to revise planning area boundaries and uses; a Site Development Plan Amendment to redesign the hotel and sports center/restaurant sites; a Conditional Use Permit Amendment to revise the shared parking agreement; a Tentative Tract Map and Non-residential Planned Unit Development Permit Amendment to allow 240 timeshare units in three villages within the resort, and an exclusion to the Hillside Development Ordinance to allow the regrading of manufactured and isolated slopes over 40% inclination, within Aviara Planning Areas 1,2,9,10, and 11, in Local Facilities Management Zone 19. I. 11. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution Nos. 3802, 3803,3804,3807,3806,3804,3805 and 3809 RECOMMENDING APPROVAL of MP 177(0), LCPA 90-03(A), SDP 86-02(B), CUP 90-0S(A), 95-02, PUD 102(A) and HDP 95-11, based on the findings and subject to the conditions contained therein. INTRODUCTION The project involves the redesign of the existing Four Seasons Aviara Resort hotel and sports center sites and the conversion of a planned multifamily residential area to timeshares. More specifically the requested changes include: 0 Revising hotel and parking garage interior. Deleting sports center parking structure and merging restaurant into sports center building. Replacing hotel garden wing buildings and villas, and adjacent multifamily condominium project with three timeshare villages. MP 177(O)/LCPA 90-03(A)/SDP 86-02(B)/CUP 90-05(A)/CT 95-02/PUD 102(A)/HDP 95-11 - FOUR SEASONS AVIARA RESORT SEPTEMBER 20, 1995 No expansion of the total graded area will occur and all development conforms to the applicable requirements of the Carlsbad Municipal Code and the Aviara Master Plan. All project issues have been resolved through site design, master plan text or map amendments, and conditions of approval. 111. PROJECT DESCRIPTION AND BACKGROUND Aviara Resort Associates is requesting approval of numerous development permits to allow revisions to the existing approved hotelhesort plan. The proposed project involves changes to the main hotel, garden wing buildings, north and south villas, sports center, restaurant, and the intervening multifamily residential development. Considering the involved histoIy of the project site, the complexity of the project and the numerous development permits being requested, this section has been divided into several subsections: a review of the existing approvals and site conditions, a discussion of the requested modifications, and an explanation of the requested permits. Existing Amrovals and Site Conditions The original Pacific Rim Country Club and Resort was approved in December of 1987. The original hotel (Planning Area 2) was designed as the focal point of the master plan, both visually and operationally. The first hotel design was evaluated by the hotel operators, Four Seasons, and found to be inoperable. Therefore, in 1990, the hotel and resort approvals were amended through SDP 86-02(A) to create the currently approved 489 room hotel complex. The complex included a 320 room main hotel, garden wing buildings, villas, special suites and a bistro. In accordance with the amended site development plan, grading and building permits were issued for the main hotel building and the attached parking garage. Some of the grading around the hotel site has been completed, including Blue Heron Place and the shuttle road, the latter of which is already paved. Some construction of the hotel has begun and all current work is still under an active building permit. The sports center and restaurant sites, Planning Areas 10 and 11, were also redesigned through SDP 86-02(A). The redesign created a 47,000 square foot sports center, a future restaurant up to 10,000 square feet in area, and a two-level parking structure. Both sites have been rough graded however no building permits have been issued and no other construction activity has occurred. Included as part of the approval for SDP 86-02(A), and related applications, was a parking study that showed the expected parking demand and supply for weekday and weekend peak flows. This parking study was adopted as part of the master plan though MP 177(C)/CUP 90-05 and evaluated parking at the hotel, sports center, and golf clubhouse sites. The shared parking program component of the parking study MP 177(O)/LCPA 90-03(A)/SDP 86-O2(B)/Ct.JP 90-05(A)/CI' 95-02/PUD 102(A)/HDP 95-11 - FOUR SEASONS AVIARA RESORT SEPTEMBER 20, 1995 involved only the hotel and sports center sites. According to the study, overflow hotel parking onto the sports center site could occur on Saturday evenings, however there would be adequate parking supply for the entire resort at all times. Pro~osed Modifications Considering the number of changes being requested, the overall proposal has been divided into various components to facilitate understanding. These components are: 0 Revisions to the main hotel site and building (Planning Area 2); 0 Revisions to the sports center/restaurant sites and building (Planning Areas 10 and 11); 0 Revisions to the shared parking program, including the golf club; and 0 Replacement of hotel garden wing buildings, hotel villas, and multifamily residential subdivision with time share villages (Planning Areas 2 and 9). Main Hotel The proposed revisions to the hotel building and site include interior alterations, redesign of the surrounding landscaped areas, and an update to the master plan development standards. The approved parking garage contains a large subterranean area which currently is to extend under the porte cochere. This portion of the approved parking structure would be removed and backfilled. The reconfigured garage would contain 65 1 marked parking spaces. A discussion of the parking supply ramifications can be found in the "Shared Parking Program" section below. Within the hotel itself, a phased construction of some of the approved public spaces, such as meeting rooms, foyers, and portions of the lounge is proposed. The first phase would create voided areas by enclosing the spaces and excluding them from habitable occupancy and create offices for timeshare sales and marketing. As shown on Exhibits "Y - "DD, dated September 20,1995, these voided and timeshare offices areas would eventually be furbished into the originally approved configuration of meeting and public areas. In accordance with this phased use arrangement, the parking program included both scenarios and found adequate parking for both the interim marketing uses and the ultimate hotel/meeting uses. This complete evaluation of all phases of the project would allow the timeshare offices to be converted into their ultimate hoteymeeting arrangement through a tenant improvement building permit, rather than requiring another amendment to the master plan and local coastal program. Also proposed is a consolidation of some of MP 177(O)/LCPA 90-03(A)/SDP 86-02(B)/CL.JP 90-05(A)/CT 95-02/PUD 102(A)/HDP 95-11 - FOUR SEASONS AVIARA RESORT SEPTEMBER 20, 1995 the larger hotel suites into individual guest rooms. This would increase the number of rooms in the main hotel building from 320 to 336. These internal revisions to the garage and hotel would not be apparent from the exterior, as evidenced by Exhibits "EEI - 'IFF"', dated September 20, 1995, leaving the hotel elevations almost identical to current approvals. Also part of the proposed revisions to the hotel complex are some redesign of the pool areas and surrounding landscaping areas. The approved fire access route around the pool areas would remain and no significant loss in approved amenities would result. All approved specimen landscaping, including the 30 foot high (brown trunk height) palm trees around the main hotel, would remain as approved. Since the previous site development plan approval and issuance of building permit for the main hotel building, the method of measurement for building height has changed. This necessitates a revision to the master plan development standard for maximum height in the planning area. When the hotel was approved, its height, as measured then, was 35 feet. The actual maximum height of the main hotel, as currently measured, is 53 feet to the peak of the roof. Therefore, part of the main hotel revision includes this master plan text amendment (see Exhibit "XXX", dated September 20, 1995, attached to Planning Commission Resolution No. 3802). With regard to project signage, the approved monument signs at the project entrance at Alga Road and Blue Heron Place would remain unchanged. While not a part of this proposal, the applicant has expressed interest in incorporating the Four Seasons Aviara Resort into the existing master plan facility directional sign program. This program allows permanent directional signage within the master plan boundaries for the variety of visitor-serving facilities within Aviara. The applicant has indicated they will submit the necessary minor.master plan amendment to amend the facility directional signage program in the near future. Also potentially available to the project may be the City-wide kiosk program, currently under review by staff. This City-wide program has traditionally been available only to new subdivisions, however it may be able to accommodate various points of interest throughout the City, including the Four Seasons Aviara Resort. Sports Center and Restaurant The proposed revisions to the sports center and restaurant include the replacement of the approved parking structure with surface parking, the merging of the sports center and restaurant buildings into a single structure, and the relocation of the tennis courts towards the golf course. All ancillary recreational opportunities, such as the lap pool, children's pool and outdoor lounge would remain substantially as currently approved. MP 177(O)/LCPA 90-03(A)/SDP 86-02(B)/CUP 90-05(A)/CT 95-02/PUD 102(A)/HDP 95-11 - FOUR SEASONS AVIARA RESORT SEPTEMBER 20, 1995 As shown on Exhibit "C', dated September 20,1995, the redesign of the entire sports center and restaurant sites would allow the creation of a 380 space surface parking area with landscaping. Elimination of the parking structure and relocation of the tennis courts allows for more parking lot landscaping and improved views from the exhibition tennis court. Merging of the restaurant and sports center uses into a single 52,400 square foot building frees up more area for landscaping, provides a more cohesive resort setting and promotes joint use of the facilities. Shared Parking Propram As discussed above, the current hotel and sports center parking program involves shared parking between the hotel and sports center uses. This shared parking is based upon a parking study which has been incorporated into the master plan. The proposed shared parking program would still involve the hotel and sports center and also include the golf club/driving range parking areas. The essence of the shared parking program is that different uses within the resort will have different peak parking demands, thereby allowing shared use of their respective parking facilities. The new parking study and shared parking program would operate on the same assumptions as the approved study and program, however the total number of parking spaces per hotel room in the hotel parking structure would increase from 1.6 spaces per room to 1.9 spaces per room. According to the new program, shared parking between the hotel, sports center and golf club would be necessary on weekday and Saturday early evenings at the buildout of the hotel. In addition to the overflow parking, the hotel is conditioned to operate on a valet parking system. According to the applicant, a valet system allows for aisle parking, which would increase the total parking supply of the hotel garage by over 100 spaces. This additional parking supply, along with the shared parking program and future parking safeguards allowed through CUP 90-05 (A), Planning Commission Resolution No. 3806, dated September 20,1995, ensures that no adverse impacts due to parking inadequacy should occur. A copy of the parking study is attached to Planning Commission Resolution No. 3806 as Exhibit "ZZZ", dated September 20, 1995. Timeshare Villages The proposed timeshare development encompasses all of Planning Area 9 and the eastern and southern portions of Planning Area 2. As discussed above, these areas will become the new Planning Area 2B. As shown on Exhibits "E - "K" and "KK", dated September 20,1995, the 240 unit timeshare project would be divided into three villages, each with a recreation building, support sexvice buildings, and surface parking. The timeshare buildings would consist of four types, ranging from three- story six unit buildings to two-story two or four unit buildings. All architecture and landscaping within the timeshare villages is designed to match that of the hotel and MP 177(O)/LCPA 90-03(A)/SDP 86-02(B)/CI.JP 90-05(A)/CT 95-02/PUD 102(A)/HDP 95-11 - FOUR SEASONS AVIARA RESORT SEPTEMBER 20, 1995 APPROVED PLAN 320 rooms sports center, creating a seamless resort community (see Exhibits "K", "P" - "S", and "RR" - "SSS", dated September 20, 1995). Building massing and separation would be significantly less intensive than the approved Hotel Garden Wings and similar to the approved multifamily residential units, as shown in the comparative analysis contained in Exhibits "LL" - "QQ, dated September 20, 1995. PROPOSED PLAN 336 rooms The parking for the timeshare project would be separate from the shared parking arrangement in the remainder of the resort. The 360 surface parking spaces proposed for the timeshare units provides a parking supply ratio of 1.5 spaces per unit, which is 25 percent more parking than required by the Zoning Ordinance. All parking areas are connected to the timeshare units with a system of trails and bridges, contributing to the resort ambiance. In addition to the private vehicle and pedestrian circulation opportunities, each timeshare guest would be able to use the hotel's shuttle system to travel to the main hotel, sports center, or golf clubhouse. A separate component of the timeshare use is the pre-development marketing and administration. Office space for approximately 60 staff members would be necessary to allow for on-site marketing of the timeshare units. The applicant is proposing that this office space be accommodated within the hotel. According to the new parking study and shared parking program, occupation of the voided hotel area by marketing staff would create a need for shared parking between the hotel and sports center during mid-day on weekdays and early evenings on Saturdays. As with the other resort uses, the parking for the timeshare marketing uses will be reviewed under the conditional use permit for the shared parking program (CUP 90-05(A), Planning Commission Resolution No. 3806, dated September 20, 1995). Should any adverse impacts result, the marketing areas could be relocated to the timeshare planning area (Planning Area 2B), removing it from the shared parking program. Table 1 below summarizes the proposed changes to the hotel, sports centedrestaurant, and the planned multifamily development (Planning Areas 2, 10, 11 and 9, respectively). TABLE 1 USE MAIN HOTEL - Guest rooms - Food/beverage ~~ ~ ~~ - ConferenceBanquet - Retail 629 seats I 662 seats ~ 32,769 square feet 35,378 square feet (12,490 sf officehoid) 5,808 square feet 6,000 square feet I MP 177(O)/LCPA 90-03(A)/SDP 86-02(B)/Cl.JP 90-05(A)/CT 95-02PUD 102(A)/HDP 95-11 - FOUR SEASONS AVIARA RESORT SEPTEMBER 20, 1995 - Tennis Courts SPORTS CENTER - Main building - Restaurant 11 regular courts 12 courts 1 tournament court (1 with limited seating) 47,000 square feet up to 10,OOO square feet RESORT CLUB/PREVIOUS HOTEL & RESIDENTIAL I 169 garden winghilla rooms 89 multifamib units 47,000 square feet 5,869 square feet 240 units 4 courts total I - RacquetbalVSquash I 4 courts total Reauested Development Applications The discretionary actions being requested for the Four Seasons Aviara Resort project can be organized into four groups. The first group involves the legislative actions, master plan amendment and local coastal plan amendment (MP 177(O)/LCPA 90- 03(A)), which are needed to create a new Planning Area 2B, with its allowed timeshare use and standards, merge the sports center and restaurant uses, delete Planning Areas 9 and 11, allow timeshare marketing and sales in the main hotel, and add Planning Area 1 (Golf Clubhouse) to the shared parking program. The second group involves the site development plan amendment and conditional use permit amendment (SDP 86-02(B)/CUP 90-05(A)) which allow the redesign of the main hotel and sports centerhestaurant buildings and sites and the revision of the shared parking program in accordance with the new proportion of uses and parking supply. The third group includes the tentative tract map and non-residential planned unit development permit amendment (CT 95-02PUD 102(A)) to allow the 240 unit timeshare project and incorporate the timeshares into the resort’s existing planned development. The fourth permit group involves the hillside development permit (HDP 95-11), which provides exclusions to the Hillside Development Ordinance thereby allowing the regrading of manufactured slopes and minor edge adjustments to the existing graded area. The Four Seasons Aviara Resort project is subject to the following land use plans, policies, programs and zoning regulations: A. General Plan B. Mello I, Mello I1 and East Batiquitos Lagoon segments of the Local Coastal Program MP 177(0)/LCPA 90-03(A)/SDP 86-02(B)/CUP gO-OS(A)/CT 95-02/PUD 102(A)/HDP 95-11 - FOUR SEASONS AVIARA RESORT SEPTEMBER 20, 1995 PAGE 8 C. Aviara Master Plan (MP 177 and its amendments) D. Planned Community Zone Ordinance (Chapter 21.38 of the Zoning Ordinance) E. Nonresidential Planned Development Ordinance (Chapter 21.47 of the Zoning Ordinance) F. Conditional Uses (Chapter 21.42 of the Zoning Ordinance) G. Growth Management Ordinance (Chapter 21.90 of the Zoning Ordinance) H. Zone 19 Local Facilities Management Plan I. Hillside Development Ordinance (Chapter 21.95 of the Zoning Ordinance) J. Subdivision Ordinance (Title 20 of the Carlsbad Municipal Code) Iv. ANALYSIS The recommendation of approval for this project was developed by analyzing the project’s consistency with the applicable policies and regulations listed above. The following analysis section discusses compliance with each of these regulations/policies utilizing both text and tables. A. General Plan The proposed Four Seasons Aviara Resort project is consistent with the applicable policies and programs of the General Plan, Particularly relevant to the hoteVcommercial timeshare/sports center proposal are the Land Use, Circulation, Open Space and Conservation and Public Safety Elements. Table 2 below indicates how the project complies with these particular elements of the General Plan. MP 177(O)/LCPA 90-03(A)/SDP 86-02(B)/CUP 90-05(A)/CT 95-02/PUD 102(A)/HDP 95-11 - FOUR SEASONS AVIARA RESORT SEPTEMBER 20, 1995 ELEMENT Land Use Circulation Open Space and Conser- fation Public Safety TABLE 2 - GENERAL PLAN COMPLIANCE USE CLASSIFICATION/GOAL, OBJECTIVE OR PROGRAM Travemecreation Commercial (TR), Residential Medium Density (RM), Open Space (OS). Promote recreational and tourist oriented land uses which serve visitors. Use commercial architecture that emphasizes establishing community identity while presenting tasteful, dignified and visually appealing designs compatible with surroundings. Provide safe, adequate and attractively landscaped parking facilities. Design pedestrian spaces and circulation in relationship to land uses and available parking. Minimize environmental impacts to sensitive resources in the City. Utilize Best Management Practices for the control of storm water pollutants. Design all structures to seismic design standards of the UBC and State building requirements. Provision of emergency water systems and all-weather access roads. PROPOSED USES AND IMPROVEMENTS Hotel and sports center uses consistent with TR timeshare allowed in residential areas under CUP, consistent with RM; open space areas preserved consistent with OS. Hotel, sports center and timeshares will attract visitors. Hotel, sports center and timeshares all continue the graceful and harmonious theme established by golf clubhouse, properly related to open spaces. All parking areas have proper circulation aisles, sight distance, shrubbery and trees. Network of sidewalks and trails with access to buildings, parking and amenities, including views of open spaces. Project maintains and increases amount of native habitat and erosion control reduces sedimentation of lagoon. Project will comply with all NPDES requirements. All new buildings and main hotel will meet UBC and State seismic requirements. Emergency systems in hotel, sprinklers in buildings over 10,OOO square feet and all- weather accesses provided. COMPLIANCE Yes Yes Yes Yes Yes Yes Yes Yes Yes MP 177(O)/LCPA 90-03(A)/SDP 86-02(B)/CUP 90-05(A)/CI' 95-02/PUD 102(A)/HDP 95-11 - FOUR SEASONS AVIARA RESORT SEPTEMBER 20. 1995 PAGE 10 B. Mello I, Mello I1 and East Batiquitos Lagoon segments of the Local Coastal Program The Aviara Master Plan serves to partially implement portions of the Mello I, Mello I1 and East Batiquitos Lagoon segments of the LCP. In order to maintain consistency between the Aviara Master Plan and the LCP, amendments to these segments must occur. The proposed Four Seasons Aviara Resort project conforms with the land use, environmentally sensitive habitat preservation, and grading and erosion control policies of these segments. The land uses allowed through the LCP segments are the same as those allowed by the Aviara Master Plan, therefore the proposed amendments to the uses allowed by the master plan must also be approved as amendments to the LCP segments to provide consistency. All steep slopes with native vegetation are being preserved. Some minor coastal resource area trade-offs are proposed, totalling 0.150 acres of take and 0.151 acres of additional preservation, however the preserved habitat is of higher quality. The current erosion control standards of the Engineering Department will be maintained throughout the project site to deter off-site erosion and potential lagoon sedimentation. Considering the above, the proposed destination resort project is consistent with the applicable policies of the appropriate Local Coastal Program segments, as amended. C. Aviara Master Plan (MP 177 and its amendments) The Aviara Master Plan, originally adopted as the Pacific Rim Country Club and Resort Master Plan in December 1987, calls for the hoteVresort to be the focal point of the community. By including a timeshare component into the resort project, the entire resort site would encompass more of the central master plan area. The specific amendments proposed (i.e., adding timeshare units, merging the sports center and restaurant and including the golf clubhouse in the shared parking program) are being undertaken to establish as economically viable destination resort hotel. Accordingly, these amendments are consistent with the original master plan objective of creating a resort centered community. Typically, timeshare project are allowed through a conditional use permit since the use is not specifically permitted by right of zoning. This proposal would amend the master plan, which serves as the zoning, to allow timeshare uses in Planning Area 2B by right so that the processing of a conditional use permit is unnecessary. Although a CUP is not required, the proposal has been reviewed relative to the timeshare development and operational standards contained in the Carlsbad Municipal Code (Section 21.42.010(10)(A) of the Zoning Ordinance). As shown on Table 3 below, the project conforms with all applicable standards. MP 177(O)/LCPA 90-03(A)/SDP 86-O2(B)/Cl.JP gO-OS(A)/CI' 95-02/PUD 102(A)/HDP 95-11 - FOUR SEASONS AVIARA RESORT SEPTEMBER 20, 1995 ~ ~ City Council is final decision-maker for timeshare component of master plan amendment. , Tentative Tract Map (CT 95-02) accompanies timeshare component of the master plan amendment. II TABLE 3 - TIMESHARE C0NM)RMANCE Yes Yes PROPOSED I CONFORMANCE II STANDARD I Approval conditioned to convert to a hotel use if timeshare is not successful. Management and maintenance plan required as part of approval. Maximum time increment for recurrent exclusive use is four months. Timeshare project shall be in reasqnable proximity to existing resort or recreational area. Timeshare allowed in P-C zones only if master plan specifies use and designates area as an R-P, R-3, RD-M, C-T, or C-2 zone. Final decision-maker for timeshare is City Council. A subdivision map, in accordance with Title 20, must be part of application. Revised master plan contains condition requiring conversion to hotel if timeshare is not successful. Management and maintenance by Four Seasons, plan on file with the Planning Department. Revised master plan contains condition limiting recurrent exclusive use to four months and requires disclosure to potential buyers of units. Yes Yes Yes Proposed timeshare villages are integrated into Four Seasons Aviara Resort, which contains a golf course and sports center. Proposed master plan text and map amendments specify timeshare uses in Planning Area 2B and designates this area C-T. Yes Yes In addition to amending the master plan to accommodate the proposed development, a revision is necessary to update the master plan relative to the hotel building height. Since the inception of construction of the hotel, the method for measuring building height has changed. Therefore, to remain consistent with the Carlsbad Municipal Code, the master plan would be revised to reflect the actual building height of the hotel. Considering that the resort continues to be the focal point of the master plan community and the proposed revisions to the master plan are internally consistent with the project, the Four Seasons Aviara Resort is consistent with the Aviara Master Plan . MP 177(O)/LCPA 90-03(A)/SDP 86-02(B)/CUP 90-05(A)/CT 95-02/PUD 102(A)/HDP 95-11 - FOUR SEASONS AVIARA RESORT SEPTEMBER 20, 1995 D. Planned Community Zone Ordinance (Chapter 2138 of the Zoning Ordinance) The underlying zoning of the proposed Four Seasons Aviara Resort project is P-C, Planned Community. In accordance with that designation, the Aviara Master Plan was created to implement the zoning. Chapter 21.38 of the Zoning Ordinance details the manner in which a master plan is amended. The required submittal items include a description of land uses, facility and fiscal impact evaluations, development standards and open space requirements, and phasing schedules. These documents have been evaluated by staff and have contributed to the approval recommendation. Certain findings that must be made prior to approving a master plan amendment. These findings, contained in Planning Commission Resolution No. 3802, dated September 20,1995, deal mostly with the compatibility of land uses and the adequacy of public facilities. The Aviara Master Plan has been designed to provide open space and street buffering between residential and non-residential uses. Elimination of the residential development in Planning Area 9 reduces potential compatibility issues between homeowners and the resort uses. As required by the Zone 19 Local Facilities Management Plan, all public facilities necessary to serve the resort development are already in place or will be in place prior to occupancy. Since the proposed master plan amendment still allows the necessary findings to be made, the proposal is consistent with the Planned Community Zone Ordinance. E. Non-residential Planned Development Ordinance (Chapter 21.47 of the Zoning Ordinance) The existing hotel, sports center, and golf club site contain a significant amount of common area therefore the original approvals included a non-residential planned unit development permit for Planning Areas 2, 10, and 11 (PUD 102). Since the timeshares are being added to the overall resort plan, an amendment to the original PUD is necessary. The Non-residential Planned Development Ordinance requires all new development to conform to the requirements and development standards of the underlying zone and all but the lot requirements of Title 20. Since the master plan is being revised for the timeshare development, all new development standards and design criteria are being met (see section C above). No minimum lot size or width requirements exist, therefore no conformance to such is necessary. By processing a Non-residential Planned Unit Development Amendment Permit, the proposed lots may be created without fronting on a public street and with a lot depth of less than 90 feet. Therefore, the proposed resort development conforms to the Non-residential Planned Development Ordinance. \ Lk3 MP 177(O)/LCPA 90-03(A)/SDP 86-02(B)/CUP 90-05(A)/Cl" 95-02/PUD 102(A)/HDP 95-11 - FOUR SEASONS AVIARA RESORT SEPTEMBER 20, 1995 STANDARD City Administration Library F. Conditional Uses (Chapter 21.42 of the Zoning Ordinance) IMPACTS COMPLIANCE Not applicable Not Applicable Not applicable Not Applicable The original shared parking program was originally approved through a conditional use permit (CUP 90-05). The current proposal would amend that shared parking program thereby necessitating an amendment to the approved conditional use permit. Section 21.42.020 of the Zoning Ordinance describes the required findings for the approval of a conditional use permit. These findings include such facts as desirability of the proposal and adequacy of the site, yards and streets in size and shape to accommodate the proposal. Parks Drainage Circulation The proposed shared parking program allows for the staggered parking needs of the various uses, facilitates visitor travel within the resort and does not impose on the parking needs of the neighboring timeshare and residential planning areas. The amount of parking needed for the program can be accommodated within the proposed parking structure and surface lots and Alga Road and Batiquitos Drive have sufficient capacity to handle the anticipated resort traffic. Therefore, the proposed shared parking program can still meet the required findings for a conditional use permit. Not Applicable Not Applicable PLDA D Yes 4,826 ADT Yes G. Growth Management Ordinance (Chapter 21.90 of the Zoning Ordinance) Fire Open Space The Four Seasons Aviara Resort proposal involves only commercial land uses. Should the timeshare use cease to operate, the units are conditioned to convert to commercial hotel units, not residential dwelling units. Therefore, growth management standards based upon population do not apply. Table 4 below details the project's compliance with the standards of the Growth Management Ordinance. Fire Stations #2 and #4 Yes 16.47 acres Yes TABLE 4 - GROWTH MANAGEMENT COMPLIANCE Waste Water Treatment I 646.1 EDU I Yes MP 177(O)/LCPA 90-03(A)/SDP 86-O2(B)/Cl.JP 90-05(A)/CT 95-02/PUD 95-11 - FOUR SEASONS AVIARA RESORT SEPTEMBER 20, 1995 STANDARD Schools Water 102(A)/HDP IMPACTS COMPLIANCE Not Applicable Not Applicable 646.1 EDU Yes H. Zone 19 Local Facilities Management Plan The proposed destination resort project lies within Local Facilities Management Zone 19 and is subject to a special condition involving the sewer collection capacity. Zone 19 is served by the North Batiquitos Sewer Pump Station, located near the existing terminus of Batiquitos Lane. Aviara has been conditioned to upgrade the pump station to accommodate the residential and non-residential development within their master plan area. Aviara has partially completed the pump station expansion and has posted performance bonds for the complete upgrade. Since the operation of the hotel would exceed the current pump station capacity, the Four Seasons Aviara Resort is conditioned to ensure the completion of the pump station prior to occupancy of the hotel, sports center, or timeshares, whichever occurs first. I. Hillside Development Ordinance (Chapter 21.95 of the Zoning Ordinance) According to Section 21.95.090(b) of the Carlsbad Municipal Code, certain areas may be excluded from the requirements of the Hillside Development Ordinance, provided they are fully identified. These areas include slopes that were previously disturbed by authorized grading, areas of topographic change less than fifteen feet in height and less than four thousand square feet in area, and small isolated ravines where there is no substantial evidence that a significant environmental effect will occur. As shown on Exhibits "W" - "X, dated September 20, 1995, the areas proposed for grading are mostly within the existing, rough graded sites. Since a grading permit was issued for the resort sites and this grading was performed in accordance with that permit, these manufactured slopes may be excluded from the hillside development regulations. There are also some fringe slope areas that are proposed for grading. These areas are small, measuring a total of 0.150 acres (or 0.2 percent of the total project site), and do not contain any sensitive flora or fauna. The surrounding slope areas have been altered through authorized grading and the alteration of the subject slope areas will produce no significant effects on the environment. To ensure that the total graded area does not increase with this permit, 0.151 acres of undisturbed area that was previously authorized for grading will be preserved (see Exhibits "D" - "J", dated September 20, 1995). MP 177(O)/LCPA 90-03(A)/SDP 86-02(B)/CUP 90-05(A)/CT' 95-02PUD 102(A)/HDP 95-11 - FOUR SEASONS AVIARA RESORT SEPTEMBER 20, 1995 PAGE 15 In accordance with Section 21.95.090(b), the previously disturbed areas have been identified as areas of previously authorized grading or small, isolated areas. Therefore, Planning Commission Resolution No. 3809, dated September 20, 1995, grants an exclusion to the requirements of the Hillside Development Ordinance for those slope areas. Since these manufactured and small slope areas are excluded, and no other grading of steep slopes is proposed, the Four Seasons Aviara Resort is consistent with the requirements of the Hillside Development Ordinance. J. Subdivision Ordinance (Title 20 of the Municipal Code) The Carlsbad Municipal Code requires a subdivision map to be filed in accordance with Title 20 for any timeshare project. Accordingly a tentative tract map is being processed with the timeshare proposal. CT 95-02 would create 83 lots that include 46 timeshare lots, a lot for each the hotel and sport center, 18 street lots and 17 open space lots. As conditioned the project would provide all necessary improvements and all of the findings required by Title 20 can be made and are contained in Planning Commission Resolution No. 3804. The project is therefore consistent with Title 20, the Subdivision Ordinance. V. ENVIRONMENTAL REVIEW The proposed revisions to the approved development projects within Planning Areas 2, 9, 10, and 11 were reviewed with respect to their potential environmental impacts, pursuant to the California Environmental Quality Act, the State CEQA Guidelines, and Title 19 - the Environmental Protection Ordinance. The project site has undergone two previous environmental reviews: the certified Environmental Impact Report for the Aviara Master Plan (EIR 83-02(A)), and the Conditional Negative Declaration for Aviara Planning Area 9 development (CT 90-10). Upon review of the current proposal, it has been determined that this is a reduced project and that there will be no additional significant effects that were not analyzed in the previous environmental reviews. The current proposal conforms to the parameters established through the previous reviews and all adjustments necessary to reduce impacts to a level of insignificance have already been implemented or are incorporated into the project design. Therefore, no mitigation measures are required with this proposal. With regard to air quality and circulation impacts, the City's MEIR found that the cumulative impacts of the implementation of projects consistent with the General Plan are significant and adverse due to regional factors, therefore the City Council adopted a statement of overriding consideration. The project is consistent with the General Plan and as to these effects, no additional environmental document is required. Considering the adequacy of the previous environmental review on the site, the project qualifies as a subsequent development as identified in Section 21083.3 of the California MP 177(0)/LCPA 90-03(A)/SDP 86-02(B)/CUP 90-05(A)/CT 95-02/PUD 102(A)/HDP 95-11 - FOUR SEASONS AVIARA RESORT SEPTEMBER 20, 1995 Environmental Quality Act. Therefore, the Planning Director issued a Notice of Prior Environmental Compliance on August 20,1995, a copy of which attached to this report and on file with the Planning Department. AITACHMENTS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Planning Commission Resolution No. 3802 Planning Commission Resolution No. 3803 Planning Commission Resolution No. 3804 Planning Commission Resolution No. 3805 Planning Commission Resolution No. 3806 Planning Commission Resolution No. 3807 Planning Commission Resolution No. 3809 Location Map Environmental Impact Assessment Form, Part 11, dated August 16, 1995. Notice of Prior Environmental Compliance, dated August 20, 1995. Background Data Sheet Local Facilities Impact Assessment Disclosure Statement Reduced Exhibits List of Full Size Exhibits Full Size Exhibits “A - “SSS”, dated September 20, 1995. ONME NTAL IMPACT ASSESSME NT FURM - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO. MP 177(0) DATE: 16. 1995 BACKGROUND 1. CASENAME: FourWns Aviara Resort 2. APPLICANT AviaraResort Associates 3. ADDRESS AND PHONE NUMBER OF APPLICANT. Carlsbad. C A 92009 2011 Palomar Aha Road. S uite 206, 4. DATE EIA FORM PART I SUBMIITED: May 23. 1995 5. PROJECT DESCRIPTION: Master Plan Amendment. Local Coastal Ronram Amendment. Site Develome nt Plan Amendment. Co nditional Use Permit Ame ndment. Non-residential Planned Unit Develwment Permit Amendment. Tentative Tract MaD. Co nditional Use Permit. and Hillside DeveloDment Permit to all0 wthem lacement of some ~hed hotel buildinns and a planned resl 'dential develoDment to timeshare villaees and a redesl 'gn of the hotel and worts ce nter SI 'tes. within Aviara Planning Areas 2, 9. 10. and 1 1. in the Citv of Carlsbad, SUMMARY OF ENVIRONMENTAL FACI'ORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact", or "Potentially Sigmfkant Impact Unless Mitigation Incorporated" as indicated by the checklist on the following pages. - Land Use and Planning - Transportatio~Circulation - Public Services - Population and Housing - Biological Resources - Utilities and Service Systems - Geological Problems - Energy and Mineral Resources - Aesthetics - Water - Air Quality - Hazards - cultural Resources - Noise - Recreation - Mandatory Findings of Significance 1 &.3JL8/95 4% \ DETERMINATION. (TO be completed by the Lead Agency). On the basis of this initid evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the propod project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the pro& project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have significant effect(s) on the environment, but at least one potentially significant effect 1) has been adequately analyzed in an earlier damnat pursuant to applicable legal standards, and 2) has been adked by mitigation measUtes based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT/MITIGATED NEGATIVE DECLARATION is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WJLL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earliez EIR / MITIGATED NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR / MITIGATED NEGATIVE DECLARATION, including revisionS or mitigation measures that are imposed upon the proposed project. Therefore, a Notice of Mor compliance has been prepared. Planner Signature Date Qllbl&- Date 2 c I. LAND USE AND PLANNING. Would the proposal: Potentially Signifii Potentially UllleSS LesrThan Significant Mitigation Significant No Impact Incorporated Impact hwt Conflict with general plan designation Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction X or zoning? (#l, pgs 4-1 to 4-26; #2, pg 8) - - - - X over the project? (#l, pgs 4-1 to 4-26; #2, pg 8) - - - - Be incompatible with existing land use in the X vicinity? (#l, pgs 4-1 to 4-26; #2, pg 8) - - - - Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses)? (#l, pgs 4-27 to 4-35; #2, Pg 7) Disrupt or divide the physical arrangement of an established community (including a low- income or minority community)? (#ly pgs 4-1 to 4-26; #2, pg 8) II. POPULATION AND HOUSING. Would the proposal: Cumulatively exceed official regional or local population projections? (#l, pgs 4-1 to 4-26; #2, Pg 8) - Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? (#l, pgs 4-1 to 4-26; #2, pg 8) - Displace existing housing, especially affordable housing? (#ly pgs 4-1 to 4-26; #2, pg 8) - 3 Rev. 3/28/95 6' \ ~ssues (and supporting Informarial sources): III. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: Fault rupture? (#l, pgs 4-150 to 4-156; #2, pg 6) Seismic ground shaking? (#l, pgs 4-150 to 4-156; #2, pg 6) Seismic ground failure, including liquefaction? (#l, pgs 4-150 to 4-156; #2, pg 6) Seiche, tsunami, or volcanic hazard? (#l, pgs 4-150 to 4-156; #2, pgs 6 & 7) Landslides or mudflows? (#l, pgs 4-150 to 4-156; #2, Pg 6) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? (#l, pgs 4-150 to 4-156; #2, pg 6) Subsidence of the land? (#l, pgs 4-150 to 4-156; #2, Pg 6) Expansive soils? (#l, pgs 4-150 to 4-156; #2, pg 6) Unique geologic or physical features? (#l, pgs 4-150 to 4-156; #2, pg 6) IV. WATER. Would the proposal result in: Potenaially significant Potentially UdeSS Less- Significant Mitigation Significant No Impact Incorporated hpac t hpac t a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? (#l, pgs 4-110 to 4-118; #2, pg 6) - b) Exposure of pple or propem to water related hazards such flooding? (#l, pgs 4-110 to 4-118; #2, pgs 7 & 8) - 4 Issues (and Supporting lnfmnatim sourceS): Potentially Significant Potentially Unless LessTban Significant Mitigation Significant No hpac t Incorporated Impact hpact c) Discharge into dace waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? (#l, pgs 4-1 10 to 4-1 18; #2, pg 7) X - - - - d) Changes in the amount of Surface water in any water body?(#l, pgs 4-1 10 to 4-1 18; #2, pg 7) X - - - - e) Changes in currents, or the course or direction of water movements?(#l, pgs 4-1 10 to 4-1 18; #2, Pg 7) - f) Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? (#l, pgs 4-110 to 4-118; #2, pg 7) - g) Altered direction or rate of flow of groundwater? (#l, pgs 4-1 10 to 4-1 18; #2, pg 7) - h) Impacts to groundwater quality? (#l, pgs 4-110 to 4-1 18; #2, pg 7) - i) Substantial reduction in the amount of groundwater otherwise available for public water supplies?(#l, pgs 4-110 to 4-118; #2, Pg 7) - V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? (#l, pgs 4-84 to 4-94; #2, pg 6; #3, pgs 5.3-1 to 5.3-12) - b) Expose sensitive receptors to pollutants? (#l, pgs 4-84 to 4-94; #2, pg 6; #3, pgs 5.3-1 to 5.3-12) - c) Alter air movement, moisture, or temperature, or cause any change in climate? (#l, pgs 4-84 to 4-94; #2, pg 6; #3, PgS 5.3-1 to 5.3-12) - 5 Issues (and suppoltiug InformatiaD sources): Potentially Significant Potentially Unless LessThan Significant Mitigation Significant No hpact Incorporated hpc t hpac t d) Create objectionable odors? (#l, pgs 4-84 to 4-94; X #2, pg 6; #3, pgs 5.3-1 to 5.3-12) - - - - VI. TRANSPORTATION[CIRCULATION. Would the proposal result in: Increased vehicle trips or traffic congestion? (#l, pgs 4-63 to 4-81; #2, pg 8; #3, pgs 5.7-1 to 5.7-21) - Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? (#l, pgs 4-63 to 4-81; #2, pg 9; #3, PgS 5.7-1 to 5.7-21) - Inadequate emergency accesi or access to nearby uses? (#l, pgs 4-63 to 4-81; #2, pg 9; #3, pgs 5.7-1 to 5.7-21) - Insufficient parking capacity on-site or off-site? (#l, pgs 4-63 to 4-81; #2, pg 8; #3, pgs 5.7- 1 to 5.7-21) - Hazards or barriers for pedestrians or bicyclists? (#l, pgs 4-63 to 4-81; #2, pg 9; #3, pgs 5.7-1 to 5.7-21) - Conflicts with adopted policies supporting altemative transportation (e.g. bus turnouts, bicycle racks)? (#l, pgs 4-63 to 4-81; #2, pg 9; #3, pgs 5.7-1 to 5.7-21) - Rail, waterborne or air traffic impacts? (#l, pgs 4-63 to 4-81; #2, pg 9; #3, pgs 5.7-1 to 5.7-21) 6 Rev. 3/28/95 ,$3 Issues (and supeorthg Informotion swces): VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds? (#l, pgs 4-119 to 4-150; #2, pg 7) Locally designated species (e.g. heritage trees)? (#l, pgs 4-119 to 4-150; #2, pg 7) Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? (#l, pgs 4-1 19 to 4-150; #2, pg 7) Wetland habitat (e.g. marsh, riparian and vernal pool)? (#l, pgs 4-119 to 4-150; #2, pg 7) Wildlife dispersal or migration corridors? (#l, pgs 4-119 to 4-150; #2, pg 7) VIII. ENERGY AND MINERAL RESOURCES. Would the proposal: Conflict with adopted energy conservation plans? (#l, pgs 4-94 to 4-1 10; #2, pg 7) Use non-renewable resources in a wasteful and inefficient manner? (#l, pgs 4-94 to 4-1 10; #2, pg 7) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? (#l, pgs 4-94 to 4-110; #2, pg 7) E. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation? (#l, pgs 4-94 to 4-110; #2, pg 8) 7 Potentially signifkant Potentially UdeSS LessThan Significant Mitigation Significant NO bwt Incorporated hpac t Impact Potentially Significant Potentially UdeSS LessThan Significant Mitigation Significant No Immpact incorporated hpac t Impact Issues (and Supporting lnfmation Sources): Possible interference with an emergency response plan or emergency evacuation plan? (#l, pgs 4-94 to 4-110; #2, pg 9) - X - The creation of any health hazard or potential health hazard?(#l, pgs 4-94 to 4-110; #2, Pg 9) X - Exposure of people to existing sources of potential health hazards? (#l, pgs 4-94 to 4-1 10; #2, Pg 9) - X - X - Increase fue hazard in areas with flammable brush, grass, or trees?(#l,pgs 4-94 to 4-110;#2, pg 8) - X. NOISE. Would the proposal result in: a) Increases in existing noise levels? (#l, pgs 4-81 to 4-84; #2, pg 8) X - X - b) Exposure of people to severe noise levels? (#l, pgs 4-81 to 4-84; #2, pg 8) XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? (#l, pgs 4-94 to 4-110; #2, pg 8) X X X - - - b) Police protection? (#l, pgs 4-94 to 4-110; #2, pg 8) C) Schds? (#l, pgs 4-94 to 4-110; #2, pg 8) d) Maintenance of public facilities, including roads? (#l, pgs 4-94 to 4-110; #2, pg 8) X - e) Other governmental services? (#l, pgs 4-94 to 4-110; #2, pg 8) X - Rev. 3/28/95 ,GL; 8 Issues (and Supportiag Infmatim soutces): XII. UTILITIES AND SERVICES SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: Potentially Significant Potentially UdeSS LessThan Significant Mitigation Significant No impact incorporated Impac t Impact a) Power or natural gas? (#l, pgs 4-94 to 4-110; #2, Pg 8) - b) Communications systems? (#l, pgs 4-94 to 4-1 10; #2, pg 8) - c) Local or regional water treatment or distribution facilities?(#l, pgs 4-94 to 4-110; #2, Pg 8) - d) Sewer or septic tanks?(#l, pgs 4-94 to 4-110; #2, Pg 8) - e) Storm water drainage? (#l, pgs 4-94 to 4-110; #2, Pg 8) - f) Solid waste disposal? (#l, pgs 4-94 to 4-110; #2, Pg 8) - g) Local or regional water supplies? (#l, pgs 4-94 to 4 110; #2, pg 8) - XIII. AESTHETICS. Would the proposal: a) Affect a scenic vista or scenic highway? (#l, pgs 4-34 to 4-62; #2, pg 9) b) Have a demonstrable negative aesthetic effect? (#l, pgs 4-34 to 4-62; #2, pg 9) c) Create light or glare?(#l, pgs 4-34 to 4-62; #2, pg 9) - XIV. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? (#l, pgs 4-157 to X _. - - - 4-167; #2, pg 7) 9 Rev. 3/28/95 , 6 ' Issues (and Supporting Infmatim Sources): Potentially Significant Significant Mitigation Impact Incorporated Potentially UdeSS Disturb archaeological resources? (#l, pgs 4-157 to 4-167; #2, pg 7) - - Affect historical resources? (#l, pgs 4-157 to 4-167; #2, Pg 7) - - Have the potential to cause a physical change which would affect unique ethnic cultural values? (#l, pgs 4-157 to 4-167; #2, pg 7) - - Restrict existing religious or sacred uses within the potential impact area? (#l, pgs 4-157 to 4 167; #2, pg 7) XV. RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? (#l, pgs 4-94 to 4-110; #2, pg 9) - b) Affect existing recreational opportunities? (#l, pgs 4-94 to 4-110; #2, pg 9) - XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wild life species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? (#l, pgs 5-1 to 5-3; #2, pg 6) - 10 Rev. 3/28/95 Gq \ Potentially Significant Potentially Unless LessThan Significant Mitigation Significant No Impact Incorporated Impact Impact b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? (#l, pgs 5-1 to 5-3; #2, pg 6) - - c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? (#l, pgs 5-1 to 5-3; #2 pg 6) 11 Rev. 3/28/95 \ XVIZ. EARLIER ANALYSES. The proposed resort project involves the replacement of approved hotel ancillary buildings and an approved multifamily residential development with timeshare villages on pregraded lots, and the redesign of the main hotel and sports center/restaurant sites. Earlier analyses on the potential impacts of the approved hotel and multifamily residential development can be found in two sources. Source No. 1 is the Environmental Impact Report for the Aviara Master Plan (EIR 83-2(A)), dated December 8, 1987, which examined the potential impacts in the areas of land use, pdpulation and housing, geologic safety, water, air quality, transportation/circUation, biological resources, energy and natural resources, hazards, noise, public services, utilities and service systems, aesthetics, cultural resources, and recreation. Source No. 2 is the Conditional Negative Declaration for the Aviara Planning Area 9 Tentative Map (CT 90-IO), dated August 30, 1990, which examined the potential impacts in the areas of land use, population and housing, geologic safety, water, air quality, transportation/circulation, biological resources, energy and natural resources, hazards, noise, public services, utilities and service systems, aesthetics, and cultural resources, and recreation. A third source of previous environmental analysis that applies to the proposed resort project is the City‘s Master Environmental Impact Report (MEIR 93-01), certified September 6, 1994. This document evaluated the potential adverse air quality and circulation impacts that would result from the buildout of the City’s General Plan. The City’s MER found that impacts to air quality and circulation are sisnificant and adverse and the City Council adopted a statement of overriding consideration. The proposed resort project is consistent with the General Plan and as to those effects, no additional environmental document is required. Upon review of the current proposal, it has been determined that, with the proposed replacement of some uses and proposed site redesign, there will be no additional significant effects that were not analyzed in the previous environmental reviews. The current proposal conforms to the parameters established through the previous reviews and all adjustments necessary to reduce impacts to a level of insignrficance have already been implemented or are incorporated into the project design. Therefore, no mitigation measures are required with this proposal. 12 Rev. 3/28/95 \ 5% DISCUSSION OF ENVIRONMENTAL EVALUATION 13 -4 I LIST MITIGATING MEASURES (IF APPLICABLE) ATTACH MITIGATION MONITORING PROGRAM (TF APPLICABLE) 14 Rev. 3/28/95 !b' APPLICANT CONCURRENCE WITH MITIGATION MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. Date Signature 15 by Rev. 3/28/95 \ PUBLIC NOTICE OF PRIOR ENVIRONMENTAL COMPLIANCE Please Take Notice: The Planning Department has determined that the environmental effects of the project described below have already been considered in conjunction with previously certified environmental documents and, therefore, no additional environmental review will be required and a notice of determination will be filed. Project Title: FOUR SEASONS AVIARA RESORT - MP 177(O)/LCPA 90- 102(A)/CT 95-02/CUP 95- O3(A)/SDP 86-2(B)/CUP 90-05(A)/PUD 08/HDP 95-1 1 Project hation: South of Alga Road, between Black Rail Court and Finch Lane, in the Aviara.Master Plan, City of Carlsbad, County of San Diego, State of California. 1 Project Description: Master Plan Amendment, Local Coastal Program Amendment, Site Development Plan Amendment, Conditional Use Permit Amendment, Non-residential Planned Unit Development Permit Amendment, Tentative Tract Map, Conditional Use Permit, and Hillside Development Permit to allow the replacement of some planned hotel buildings and a planned residential development to timeshare villages and a redesign of the hotel and sports center sites, within Aviara Planning Areas 2, 9, 10, and 11. Justification for this determination is on file in the Planning Department, Community Development, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the public are invited. Please submit comments in writing to the Planning Department within twenty (20) days of date of publication. DATED: August 20, 1995 MICHAEL J. HMMILYER Planning Director CASE NO: MP 1 77(0)/LCPA 90-03(A)/SDP86-2(B)/CUPW-O5(A)/PUD 1 OP(A)/CT 95-02/CUP 95-08/HDP 95-1 1 APPLICANT: AVIARA RESORT ASSOCIATES PUBLISH DATE August 20,1995 MGkX 2075 Las Palmas Drive - Carisbad, California 92009-1 576 - (61 9) 438-1 161 @ - BACKGROUND DATA SHEET CASE NO: MP 177(O)/LCPA 90-03(A)/SDP 86-2fBVPUD lOP(A)/CUP 90-05(A'r/CT 95-021 HDP 95-1 1 CASE NAME: APPLICANT: Aviara Resort Associates REQUEST AND LOCATION: A Master Plan Amendment and Local Coastal Promam Amendment to revise planning area boundaries and uses; a Site Development Plan Amendment to redesim the hotel and sports center/restaurant sites: a Conditional Use Permit Amendment to revise the shared parking agreement; a Tentative Tract Map and Non-residential Planned Unit Development Permit Amendment to allow 240 timeshare units in three villwes. and an exclusion to the reauirements of the Hillside Development Ordinance to allow the remadim of manufactured slopes with over 40°/o inclination, within Aviara Planning Areas 1, 2, 9, 10, and 11. located on the south side of Alga Road. between Black Rail Court and Finch Lane, in Local Facilities Manarrement Zone 19. City of Carlsbad. Countv of San DieKO. Four Seasons Aviara Resort LEGAL DESCRIPTION: Portions of lots 87,88,89 and 232 of Carlsbad Tract No. 85-35, Phase I Unit B. according: to Map No. 12410, filed - lune 29, 1989; Lots 2,4,5.6,7,8,9 & portion of lot 10 of Carlsbad Tract 85-35, Phase I. Unit A, according: to Map 12409. filed Tune 29. 1989; a portion of parcel 2, according to Parcel Map 16451. filed April 15. 1991: all in the City of Carlsbad, County of San Diego. A€": 215-612-01.02.03,12: 215-592-02. 04 to 09 Acres: 78.5 Proposed No. of Lots/Units: n/a GENERAL PLAN AND ZONING (Assessor's Parcel Numbers) Land Use Designation TR, RM. OS Density Allowed 4 - 8 du/ac Density Proposed n/a Existing Zone P-C Proposed Zone P-C Surrounding Zoning and Land Use: (See attached for information on Carlsbad's Zoning Requirements) Zoning Land Use Site P-c Partially developed hotel North P-c Multifamilv residential South P-c Golf Course East P-c Golf Course/open space West P-c Open Space PUBLIC FACILITIES School District Carlsbad Water District Carlsbad Sewer District Carlsbad Equivalent Dwelling Units (Sewer Capacity) Public Facilities Fee Agreement, dated Mav 10, 1995 646.1 EDU ENVIRONMENTAL, IMPACT ASSESSMENT - Negative Declaration, issued - Certified Environmental Impact Report, dated Other, Prior Environmental Corndiance, dated Auwst 20. 1995 ! b4 & CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: 02(B)/CUP 90-05(A)/CT 95-02/PUD 102(AI/HDP 95-1 1 FOUR SEASONS AVIARA RESORT - MP 177(O)/LCPA 90-03(A)/SDP 86- LOCAL FACILITY MANAGEMENT ZONE: 19 GENERAL PLAN: TS/RM/OS ZONING: P-C - Aviara Master Plan DEVELOPERS NAME: Aviara Resort Associates ADDRESS: 2011 Palomar Airr>ort Road. Suite 206. Carlsbad. CA 92009 PHONE NO.: (619) 931-1190 ASSESSORS PARCEL NO.: 2 15-6 12-01.02.03.12; 2 15-592-02.04-09 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 78.5 acres ESTIMATED COMPLETION DATE: ~~ ~_____ A. City Administrative Facilities: Demand in Square Footage = B. Library: Demand in Square Footage = C. D. Park: Demand in Acreage = E. Drainage: Demand in CFS = Wastewater Treatment Capacity (Calculate with J. Sewer) Identify Drainage Basin = (Identify master plan facilities on site plan) F. Circulation: Demand in ADTs = (Identify Trip Distribution on site plan) G. Fire: Served by Fire Station No. = H. Open Space: Acreage Provided - I. Schools: N/A N/A 646.1 EDU N/A N/A D 4.826 2and4 N/A N/A (Demands to be determined by staff) J. Sewer: Demand in EDUs - 646.1 Identify Sub Basin - N/A K. Water: DemandinGPD - 5 \b 646.1 EDU . c '. DlSCLOSURE STATEMENT APPLICANTS STATEMEM OF DISCLOSURE Of CERTAIN OWNERSHIP WRESTS ON ALL APWCATIONS WHICH WILL REWIRE DlSCRETlOMARY ACTION ON THE PART OF WE CllY COUNCIL OR ANY APpOlNED BOARO, COMMISSION OR COMMFITEE. (PlOMO PdN The following information must be disclosed: 1. APPllCant List the names and addresses of all persons having a financial interest in the application. Aviara Resort Associates Wed Partnerchip. a California limited Dartnership 2. Owner List the names and addresses of all persons having any ownership interest in the property involved. Avinrn Recnrt =es Limited Partnership, a California ed partnership; Avbra Land ziates Limited Partnership, a Delaware llmlted Aviara Land Company, a Delaware corporatlon; Republic Development Company, a Californla corporatlon; ana Four Seasons Aviara Resorts lnvestment Ll-p ershiD : , 3. If any person identified pursuant to (1) or (2) above is a corporation or partnershtp, list the names and addresses of all individuals owning more than 10% of the shares In the corporatlon or owning any partnership interest in the DartnerShiD. Should 'any public official wish t of interest with the ownerfs) of this information on file with the 4. H any person identified pursuant to (1) or (2) above addresses of any person sewing as officer or director the trust. NIA o verify that they do not have a confl this project, the applicant will place office of the City Attorney. ict Is a nm-proflt organlzatlon or a trust, list the names and of the non-proftt organlzation or as trustee or beneficiary of FRMOOOl 12/91 2075 Las Paimas Drive Carisbad, California 92009-1 576 (61 9) 438-1 161 Dlsclosure Statement - Perron la defined u: 'Any Indhddud. flrm. coparbronhip, Jolnl venture, .uocl.tlon. aodd club, frCt.md orgurhaUon. cocpodon. Ma, tntrurt receive, syndical*. thlr and uy othor county, city and county. clry munlclpdly, district 01 0th polkd rubdMJon. 01 any OChU grwp 01 comblndon rctlng u unit.' Page 2 I 5. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions Committees and Council within the past twelve months? Yes - No$ If yes, please indicate person(s) Same Signature of Owner/date Signature of appiicant/date Print or type name of owner Print or type name of applicant AVIARA RESORT ASSOCIATES LIMITED PARTNERSHIP, a California limited partnership By: Aviara Land Associates Limited Partnership, a Delaware limited partnership, General Partner By: Aviara Land Company, a Delawa orporation, FRM0001 12/91 FOUR SEASONS RESORT CLUB nw Et? Ll.l + &coo -AVIARA. P P \ la- \ .- Q @ FourSeasons Resort Avian - cA.U.L CAUIO.ll. I I Q a J I SIDE ELEVATION ENTRY ELEVATION TwoslDRy VILLA BLDG TYPE 1 tic. I-c FOUR SEASONS RESORT CLUB B \ la' *-.e tz -AVIARA' - FOUR SEASONS RESORTCLUB \a .AVZARA. SIDE ELEVATION TntEEsroRysTEppcI) WA BLDG TYPE Ill w.14 FOUR SEASONS RESORTCLUB lLru *-I._ .AVZARA* D- Ilrb -.-.- FOUR SEASONS RESORTCLUB lau L-.d .AVIARA. - &Coo FOUR SEASONS RESORT *AVZARA* CLUB T- A B C D E F G H I J K L M N 0 P Q R S T U Cover Sheet Key Plan Sports Center site and grading plan Hotel site and grading plan North Village site plan East Village site plan West Village site plan North Village grading plan East Village grading plan West Village grading plan Composite landscape plan Hotel planting plan Hotel water conservation plan Sports Center planting plan Sports Center water conservation plan East Village planting plan North Village planting plan West Village planting plan Planting legend East Village water consemation plan North Village water conservation plan V W X Y-DD EE - FF GG - I1 JJ KK LL MM NN 00 - QQ RR - ss Tr-uu w - zz AAA - EEE F'FF - JJJ West Village water conservation plan Slope analysis Slope cross sections Hotel floor plans Hotel elevations Sports Center floor plans Sports Center elevations Composite Resort site plan North Village site comparison West Village site comparison East Village site comparison Village site section comparisons North Village Center floor plans and elevations West Village Center floor plans and elevations Villa 1 floor plans, elevations, and sections Villa 2 floor plans, elevations, and sections Villa 3 floor plans, elevations, and sections KKK - 000 Villa 4 floor plans, elevations, and sections PPP - SSS Reception/Recreation Center floor plans and elevations Minutes of: PLANNING COMMISSION Time of Meeting: 6:OO P.M. Date of Meeting: Place of Meeting: September 20, 1995 CITY COUNCIL CHAMBERS CALL TO ORDER: Chairperson Welshons called the Regular Meeting to order at 6:03 p.m. PLEDGE OF ALLEGIANCE: The pledge of allegiance was led by Commissioner Nielsen. ROLL CALL: Present: staff Present: Chairperson Welshons, Commissioners Compas, Erwin, Monroy, Nielsen, Noble, and Savary Michael Holzmiller, Planning Director Gary Wayne, Assistant Planning Director Chris DeCerbo, Senior Planner Michael Grim, Assistant Planner Eric Munoz, Associate Planner Bobbie Hoder, Senior Management Analyst Pat Kelley, Principal Building Inspector Rich Rudolf, Assistant City Attorney David Hauser, Assistant City Engineer Evan Becker, Director of Housing & Redevelopment Debbie Fountain, Senior Management Analyst COMMENTS FROM THE AUDIENCE ON ITEMS NOT LISTED ON THE AGENDA: There were no comments from the audience. APPROVAL OF MINUTES: ACTION: Motion by Commissioner Erwin, and duly seconded, to approve the Minutes of the Regular Meeting of September 6, 1995, as submitted. Compas, Erwin, Monroy, Nielsen, Savary, Welshons VOTE: 6-0-1 AYES: NOES: None ABSTAIN: Noble PUBLIC HEARING: 1. MP 177(O)/LCPA 90-03(A)/SDP 86-O2(B)/CUP 90-05(A)/CT 95-02/PUD 102(A)/HDP 95-1 1 - FOUR SEASONS AVIARA RESORT - Request for a Master Plan Amendment and Local Coastal Program Amendment to revise planning area boundaries and uses; a Site Development Plan Amendment to redesign the hotel and sports centerhestaurant sites; a Conditional Use Permit Amendment to revise the shared parking agreement; a Tentative Tract Map and Non-residential Planned Unit Development Permit Amendment to allow 240 timeshare units in three villages within the resort, and an exclusion to the Hillside Development Ordinance to allow the regrading of manufactured and isolated slopes over 40% inclination, within Aviara Planning Areas 1, 2, 9, 10, and 1 1, in Local Facilities Management Zone 19. MINUTES PLANNING COMMISSION September 20, 1995 PAGE 2 Chairperson Welshons advised the applicant that if the Planning Commission recommends approval of this item tonight, it will be forwarded to the City Council for their consideration. Michael Grim, Assistant Planner, reviewed the background of the request and gave a history of the project. He stated that this project originally evolved in 1987 as the Pacific Rim Country Club and Resort. At that time, a hotel was proposed in the same location as now but it was a much different design. It was a large building with a number of suites and a very fractured arrangement. It involved approximately 560 hotel units and 40,000 s.f. of conference facilities. In 1989, the Four Seasons was acquired as the hotel operator for this resort. When they reviewed the approved plans, they determined that this was not a functional hotel layout and in 1990 they received approvals for the existing layout which is a 489 room hotel complex, mostly in three buildings, with some villas, a 40,000 s.f. sports center, and up to 10,000 s.f. restaurant, and the 18 hole golf course and clubhouse. Also in 1990, there was a tentative map approved for Planning Area 9, located between the hotel and sports center, which included 86 condominium units. This planning area underwent some grading and final map checking but the applications were withdrawn because the owners changed their mind about building the condominiums. Grading was completed on other areas and building permits were pulled on the hotel and the golf clubhouse. The clubhouse has been completed and is currently in operation. During the economic recession of 1991, the hotel lost its financing and as yet is incomplete, however, some work has continued and the building permits remain active. Using slides, Mr. Grim showed a diagram of the site and where the proposed changes will take place. The project basically involves the redesign of the existing Four Seasons Aviara Resort hotel and sports center sites and the conversion of a planned multi-family residential area to timeshares. The specific changes being requested by the applicant include: . . Revising the hotel and parking garage interior. Deleting the sports center parking structure and merging the restaurant into the sports center building. * Revising the shared parking program. - Replacing hotel garden wing buildings and villas, and adjacent multi-family condominium project with three timeshare villages. Slides were shown of the proposed layout and Mr. Grim discussed each of the changes which are being requested. He stated that the sports center has been redesigned and the tennis courts have been moved from atop the parking structure to a surface area nearer the golf course, which will allow golf course views and provide additional parking and landscaping. One tennis court will now have limited seating for tournament spectators. The sports center building has been moved southward and is now combined with the restaurant. The swimming pools will be reconfigured, otherwise would remain as originally planned as will the golf clubhouse. Mr. Grim reviewed the hotel revisions which will include a small increase in the number of rooms, from 320 to 336. This is being accomplished by down sizing some of the larger suites. The food and beverage services will remain basically the same. Conference and banquet facilities will also be basically the same; however, the applicant is proposing a phased approach for these amenities. Approximately 12,500 s.f. is proposed to be used by marketing and sales for the timeshares. The second phase of that would be to convert all of that area to the originally conceived conference and banquet facilities. During review, staff looked at both the interim and final options, and the parking supply remained adequate. The retail uses would remain the same and the parking spaces in the garage would be reduced slightly by approximately 10%; however, there will be valet parking which effectively increases the parking by 100 spaces because valet is allowed to park in the aisles and individual drivers are not. The 71 4 parking garage was to serve 489 rooms under the'original plan. The number of rooms has been reduced to 336 while maintaining the large parking garage. This increased the parking supply from 1.6 spaces per room to 1.9 spaces per room. Mr. Grim reviewed the existing and proposed sports center and stated that the main building will remain basically the same at 47,000 s.f. The sports center will still house the previous functions, i.e. gymnasium, ,".@\ MINUTES PLANNING COMMISSION September 20, 1995 PAGE 3 aerobics, racquetbaWsquash courts, salon, massage, etc. The restaurant was originally approved as 10,000 s.f. or smaller, in a single building. It is now proposed as 6,000 s.f. and will be incorporated into the sports center. There will continue to be 12 tennis courts, however the tournament court has been downsized slightly and includes fixed seating. RacquetbalVsquash courts will remain the same. Parking in the parking structure has been increased from 362 spaces to 380 on a split level surface with landscaping. Mr. Grim reviewed the proposed shared parking agreement and stated that it was originally assumed that hotel patrons would be using most of the services at the sports club and golf clubhouse. During review, staff determined that even if patrons of the sports center and golf clubhouse were not hotel patrons, all parking assumptions remained the same. Timeshare parking was calculated separately and is not included in the shared parking agreement, although timeshares remain a valid component in the valet and shuttle service system. Some patrons may come to the hotel or timeshares, park or drop their vehicle with the valet, and utilize trails and the shuttle service throughout their entire stay. The project has been conditioned to provide shuttle service in perpetuity. Mr. Grim stated that three timeshare areas are being proposed. The North Village previously contained 130 hotel rooms and 20 villa suites and will now contain 78 timeshares, some maintenance buildings, and a convenience store. The West Village previously contained 19 villa suites and 26 private condominiums and will now contain 78 timeshare units. The East Village previously contained 60 condominiums and will now contain 84 timeshares and the main reception/administration building. The timeshares will be phased in with the North Village going in first and the East Village going in last. With the changes being proposed, the Planning Area 9 boundaries were changed and that area is now designated as Planning Area 28. Planning Area 1 1, which formerly housed the restaurant, has been merged with Planning Area 10 to make one large solid area. Mr. Grim reviewed the amendments and permits being requested. He stated that the Master Plan area boundaries were realigned, development standards were updated, design guidelines were added for a timeshare village, references to the shared parking were updated. The Site Development Plan and Conditional Use Permit amendments include changes to the sports center and hotel, as well as changes being made to the shared parking. The Tentative Tract Map and Non-residential PUD amendments were needed to incorporate the changes being made as a result of adding the timeshare villages. The Hillside Development exclusion is needed to allow grading on the previously approved manufactured slopes. Staff has analyzed the proposed project and has determined that it is consistent with the applicable City policies and ordinances and therefore recommends approval. Commissioner Erwin inquired what percentage is gained by not having to construct a portion of the parking garage. Mr. Grim replied that staffs recommendation regarding parking was based on the parking study done in conjunction with the previous approval. If all uses are calculated, it comes to about 34-40%. Because this is a master plan, parking can be tailored for the specific uses. Commissioner Erwin inquired if the shuttle service is being added so that the project will work. Mr. Grim replied that the shuttle and valet are paramount to the project. Commissioner Erwin inquired if the shuttle service will be free. Mr. Grim replied that there is no condition which specifically states that the shuttle is free but in all discussions with the applicant, they have indicated it will be free. That condition could be added. Commissioner Compas requested additional information regarding the timing of construction and the assumptions on which it is based. Mr. Grim replied that financing has now been secured for the hotel. If approvals from the Planning Commission, City Council, and Coastal Commission are received by December 1995, they can begin a full construction schedule on the hotel by February 1996. Their goal is to have the hotel completed in early 1997. The hotel would be the first phase. Staff understands that the MINUTES PLANNING COMMISSION September 20, 1995 PAGE 4 sports center would follow shortly thereafter and the timeshare villages would be built concurrently or shortly thereafter, depending on the marketing. Commissioner Monroy inquired if the excavation site for the previously designed garage were built with pilings, if it would be possible to create a garage at a later date. Mr. Grim replied that if it were built with pilings or some type of spanned structure left void or loosely compacted, it may be possible. However, the applicant is planning to compact the dirt tightly enough to build the structure directly on the fill, with nothing else beneath it. commissioner Noble requested staff to explain the height changes from 35' to 53. Mr. Grim replied that building height was formerly measured 5' out from the building perimeter and to the midpoint of the roof. If there was an elevation difference, measurement was taken from the uphill side. The original hotel was given a 10' credit because of the hillside differential. Since we now measure to the peak of the roof, there was a gain of 3-4'. The final 3' was gained because we no longer measure height from 5' out. What used to be 35' is now 53' because the method of measurement has changed. Commissioner Noble inquired if the actual height of the building remains the same as it always was. Mr. Grim replied yes, it is exactly the same height. Commissioner Nielsen inquired about the parking standard for timeshares. Mr. Grim replied that it is a minimum of 1.2 spaces. If warranted, this could be reduced to 1. The proposed project will provide 1.5 spaces per unit. Commissioner Nielsen inquired how staff arrived at this parking standard. Mr. Grim replied that staff normally looks at requirements of other cities, parking generation studies, and then adds a little common sense. The parking consultant for Aviara provided staff with some parking generation studies and most timeshares seemed to be parked at 1 to 1.2 spaces per unit. Commissioner Nielsen inquired if staff had studied data from other than the applicant. Mr. Grim replied no. Chairperson Welshons inquired if there is a place for the shuttle to load, unload, and park overnight. Mr. Grim replied that the three main destinations for the shuttle will be the hotel, sports center, and golf course clubhouse. All three of those areas have a portico drop off area. A fourth destination may be the timeshare villages and they would just stop in the parking areas. There is adequate room for a quick and safe loading and unloading. Overnight parking is planned in the hotel garage. If the garage is full, it would be the applicant's decision whether or not to reroute some of the valet parking to the sports center. Chairperson Welshons referred to Condition #5 of Resolution No. 3806 which refers to special event permits. She inquired if the applicant is currently pulling special event permits for the current golf events. Mr. Grim replied no. Golf tournaments are currently using existing parking without the need for additional traffic support from the City. Chairperson Welshons inquired if the tennis courts will be lighted and to what hours. Mr. Grim replied that the courts will be lighted but the applicant would have to respond to the cut off time. Commissioner Compas inquired about the seating capacity of each shuttle and how many shuttle vehicles would be available. Mr. Grim replied that the operations of the shuttle has been left up to the applicant. If the system fails, the City would fall back on the CUP and require more shuttles or more parking. Staff envisions that the shuttles will be small van-type vehicles but we do not know the passenger capacity. The intervals and timing of the shuttles will be subject to approval by the Planning Director. Chairperson Welshons invited the applicant to speak. \ e MINUTES PLANNING COMMISSION September 20, 1995 PAGE 5 Larry Clemens, Hillman Properties, 201 1 Palomar Airport Road, Suite 206, Carlsbad, addressed the Commission and stated that during the economic downturn in 1991, their Japanese financial partner pulled out of the project. They have had some difficulty finding a new partner to provide financing. He reviewed the trend changes since the original design and stated that timeshares are becoming very popular 'throughout the United States. As a result, the project was separated into three packages in order to acquire interested investors. Although this caused the project to become more complicated, he is happy to report that a construction lender is now in place and they are ready to proceed. He commended Mr. Grim and other staff members on their fortitude and assistance with all the changes which were required. Commissioner Monroy inquired about the relationship and commitments made about the sports facility to those who purchased homes in Aviara. He is concerned about the sports facility being last to be built and * wants to know how the homeowners feel about it. Mr. Clemens replied that there has been a lot of discussion at the homeowner association meetings. There are approximately 500 homes currently or Soon to be occupied out of the 2,000 total. Davidson, the Pavona developer, sold some of the homes in that project with an absolute completion date of the sports club. It hasn't happened yet because they were unable to locate financing. The homeowners have been told that the sports complex was delayed due to a lack of financing but they are 100% committed to building it as soon as financing is in place. Many homeowners would prefer that the complex be built right away but it cannot be built without money. Commissioner Erwin inquired why Henry Hillman doesn't step up and provide the financing for the sports complex since he is one of the richest men in the world. Mr. Clemens replied that Mr. Hillman has affiliated companies which are doing the project but each segment must stand on its own merits. They seek financing for projects the same as any other developer. Commissioner Erwin inquired if Hillman could accept a condition that the shuttle service will be provided free. Mr. Clemens replied yes, that was always the intention. He added that the vans will hold 16 passengers. They will purchase and operate as many vans as are needed to provide first class service. Commissioner Compas asked Mr. Clemens to state the three things which worry him the most about carrying out the plan. Mr. Clemens replied that the most important is completing the hotel construction by February 1997. This is a tight construction schedule but they are committed to it because it will cause everything else to fall in place. Robert Green, Hillman Properties, 201 1 Palomar Airport Road, Suite 206, Carlsbad, addressed the Commission and gave a slide presentation of the proposed project. He explained in detail each of the changes being proposed and stated that heavy landscaping will surround the new surface parking area for the sports complex. Mr. Green then reviewed the timeshare portion of the proposed project and stated that the marketing office for the timeshares would be located within the hotel. He stated that the timeshares will be designed to Four Seasons standards. Mr. Green confirmed that the tennis courts would be lighted and it is anticipated that lights will go out at 1O:OO p.m. He reviewed the loading and unloading areas for the shuttle service. Commissioner Monroy inquired if the current excavated site could be salvaged to provide additional parking in the future, if needed. Mr. Green replied that since the portico is located directly above that excavated site, that will be one of the first areas to be filled during construction. Commissioner Compas inquired how long after the hotel begins operations will the sports complex begin operating. Mr. Green replied that it depends on financing. Commissioner Compas inquired if there has been any deterioration of the existing construction. Mr. Green replied that engineers have inspected the site and since the bulk of the structure is concrete, remedial measures are very insignificant. There are minor cleanup issues inside the hotel but since the contractor has been active on the site for the past four years, the area has been kept up for the most part. \ ,3 PLANNING COMMISSION September 20, 1995 PAGE 6 Commissioner Nielsen asked if the three story timeshares conform to the height restrictions. Mr. Green replied yes. Commissioner Nielsen inquired if the timeshares will be built to the Four Seasons Hotel standards since they have not previously built any timeshares. Mr. Green replied that he was referring to the style of architecture, quality of furnishings, and standard of service. That is where the Four Seasons made their name. The timeshare units will be as close as possible to a luxury hotel unit and they will be substantially higher than anyone else in the industry has produced. This project could be likened to the Marriott Desert Springs which has a large hotel, sports complex, and timeshare uses. However, the standards of the Four Seasons Hotel far exceed the standards of the Marriott timeshare project. Chairperson Welshons opened the public testimony and issued the invitation to speak. Dianne Scott, 7243 Spoonbill Lane, Carlsbad, addressed the Commission and stated that she is President of the Pavona Homeowner's Association. She purchased her dream home in May 1990 but that dream has become a nightmare. She sees the unfinished hotel in every view from her home. She left her previous home which had a swimming pool and tennis courts believing that she would be moving to a similar situation. She was guaranteed that the sports complex would be finished in 1992. She is happy to hear that the Four Seasons Hotel will now be completed but is skeptical about the sports club. She doesn't believe that any financier will want to spend $25 million for a sports center after everything else is finished. She thinks it needs to have performance bonds to guarantee that the sports complex will be built. She hopes that the Planning Commission will add a condition to control the phasing so that the sports center . must be started before the timeshares. Either that or a performance bond. Commissioner Noble inquired if she can provide a solution to guarantee that Mr. Clemens financial partner won't pull their money out again. Ms. Scott replied no but that doesn't negate the fact that when she purchased her home she was guaranteed that the sports complex would be completed in 1992. Commissioner Noble doesn't think the Planning Commission has the authority to add a condition requiring the sports center to be built before the timeshares, when financing for the timeshares has already been arranged. He is certain that the sports center will follow shortly thereafter. Ms. Scott doesn't believe that this will be a five star project without swimming pools, tennis courts, and other amenities which were promised. Commissioner Nielsen inquired about the contract which promised the sports complex by 1992. Ms. Scott replied that it was a contract between Hillman and Davidson. She did not have a contract personally, but that contract was represented to her when she purchased her home. All she is asking is that the Planning Commission do something to control the phasing of the timeshares so that the sports complex will actually get completed. She wouldn't mind seeing one timeshare village completed before the sports complex but she doesn't want to wait until all three villages are completed and sold out. That could be years away. Stanley Zipser, 7271 Spoonbill Lane, Carlsbad, addressed the Commission and stated that he cannot improve on what Dianne Scott has stated. He would only like to reiterate her comments with regard to the representation made by Davidson, which was made to them by Hillman. It is obvious that Hillman would not have been able to sell the properties at a premium to the developers, nor would he have paid as high a price for his home, if they knew there would be no sports complex for years to come. Not only was it orally represented to the homebuyers, the brochures they were handed also stated that the sports complex would be completed in the spring of 1992. He has written two letters to Larry Clemens and has called him on numerous occasions. However, in every conversation he has been stonewalled. They are out of the picture now that the lots are sold. Stan Prouse, 651 5 Avenida del Pariso, Carlsbad, addressed the Commission and stated that he and his wife own Lot #263 on Aviara Drive. He urged the Commission to approve the project so it can be MINUTES PLANNING COMMISSION September 20, 1995 PAGE 7 completed. He is aghast that it has taken so long to get restarted on the hotel. He would like to see the vision come true. Chairperson Welshons allowed the applicant to respond to the public testimony. Larry Clemens, Hillman Properties, 201 1 Palomar Airport Road, Suite 206, Carlsbad, addressed the Commission and stated that nobody wants the sports complex more than he does. However, it is critical that the phasing be done as they have proposed, hotel-timeshares-sports club, because each phase creates momentum for the next. The lenders have told him so. He does not feel he has stonewalled Mr. Zipser but he has explained to him on several occasions that he doesn't have the financing and he can't proceed without it. The sports complex will come but he cannot promise an exact date. Commissioner Compas inquired if the hotel is completely independent of the timeshares and sports club. Mr. Clemens replied yes. Commissioner Nielsen inquired if Hillman could accept a condition to phase the sports club between the hotel and timeshares. Mr. Clemens replied that his discussions with investors indicate that the phasing needs to be hotel, timeshares, and then the sports complex. Each phase is independent and relies on different financiers. Commissioner Nielsen inquired if he could estimate when the sports complex might be completed. Mr Clemens replied 5-7 years, but it could be sooner if financing is secured earlier. Commissioner Erwin inquired why the tennis courts and one of the pools couldn't be started about the same time the hotel is constructed. Then you could complete the clubhouse at a later date. It is only a little bit of concrete and it would satisfy the homeowners. Mr. Clernens agrees that it would be nice to do it that way but the hotel is independent of the other two uses. Commissioner Erwin stated that the homeowners are not as concerned about the clubhouse as they are having a place to swim or play tennis. That would also be a benefit for the hotel. Mr. Clemens would like to build the pools but doesn't think that approach will be viable since they are integral to the clubhouse. There may be some way he can do something about the tennis courts but it still comes down to financing. Commissioner Erwin inquired if he would be agreeable to a condition which states that Hillman would do their utmost to build a majority of the tennis courts at the same they complete the hotel. Mr. Clemens stated that he has no problem with that and, in fact, has discussed it with the homeowners. If a condition is reasonably worded he could accept it. Commissioner Erwin requested staff to read the condition regarding the shuttle. Michael Grim, Assistant Planner, stated that staff recommends adding a new sentence to Condition #4 (page 4), Resolution No. 3806, after the first sentence, which reads as follows: "Said shuttle service shall be free of charge to all users in perpetuity." Mr. Clemens could accept the condition as stated although he would prefer that it name both the hotel and timeshare operators as the providers since they are separate legal entities. Mr. Grim stated that Condition #4 currently states that the hotel operator provides the service. If they have contracts with the timeshare operators, it would be their responsibility to include this item in their contracts. Chairperson Welshons inquired if Commissioner Erwin could accept a Minute Motion regarding the sports complex following the main motion. Commissioner Erwin would prefer adding a new condition which states that the applicant will make a good faith effort to complete the tennis courts in conjunction with the completion of the hotel. Mr. Clemens could accept a new condition but he wants everyone to recognize that financing must be available. Commissioner Erwin replied that the key word here is "good faith." Mr. MINUTES \fit; PLANNING COMMISSION September 20, 1995 PAGE 8 Clemens can accept that wording. Mr. Grim commented that this new condition would be #E4 in Resolution No. 3807, near the bottom of page 6. Subsequent conditions would be-renumbered. Commissioner Erwin inquired if there are representatives present from Four Seasons to assure us that they will still be around to run the hotel after it has been completed. Mr. Clemens replied there are no representatives present from Four Seasons but he is a partner and Vice President in the corporation. He stated that Four Seasons has a written 30 year operating agreement. They are not just an operator but are a limited partner which owns a portion of the project. As such, over the past four years, they have had to spend additional funds which were not anticipated in the beginning. Commissioner Noble asked Mr. Clemens if he and the staff agree on the definitions regarding developed slopes. Mr. Clemens replied yes. Chairperson Welshons inquired if the wording is acceptable to the City Attorney. Rich Rudolf, Assistant City Attorney, replied yes. There being no other persons desiring to address the Commission on this topic, Chairperson Welshons declared the public testimony closed and opened the item for discussion among the Commission members. Commissioner Erwin stated that when this came forward five years ago, he voted against it because he had many problems with promises which were made. Now as he looks at the tremendous eyesore of the unfinished hotel, it reminds him of the Beirut Hilton. He is now thankful that we have an opportunity to complete the hotel so he will vote in favor of the proposed project. ' Commissioner Nielsen still has some trepidation but he will support the staff recommendation. Commissioner Savary can support the project with the modifications which have been stated. Commissioner Monroy can support the project with the condition about the tennis courts. Commissioner Noble can support the project. Commissioner Compas can support it with the two changes. ACTION: Motion was made by Commissioner Compas, and duly seconded, to adopt Planning Commission Resolution Nos. 3802, 3803,3804, 3805, 3806, 3807 and 3809 recommending approval of MP 177(0), LCPA 90-03(A), SDP 86-02(B), CUP 90-05(A), CT 95-02, PUD 102(A) and HDP 95-1 1, based on the findings and subject to the conditions contained therein, including changes to Condition #4 of Resolution No. 3806 requiring "free" shuttle service, and addition of a new Condition #24 in Resolution No. 3807 (with subsequent renumbering) that the applicant make a good faith effort to complete a majority of the tennis courts in conjunction with completion of the hotel. Compas, Erwin, Monroy, Nielsen, Noble, Savary, Welshons VOTE: 7-0 AYES: NOES: None ABSTAIN: None RECESS The Planning Commission recessed at 752 p.m. and reconvened at 8:OO p.m. \qv MINUTES