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HomeMy WebLinkAbout1997-02-18; City Council; 14060; Seapointe Temporary Parking. . p Y i 5 8 - - CITY OF CARLSBAD - AGEN~M BILL AB# I$&‘b?o TITLE: MTG. 2118197 CUP 93-04(D)/CDP 96-18 SEAPOINTE TEMPORARY PARKING DEPT. PLN -& CITYMGR $h’ RECOMMENDED ACTION: @If 9340 That the City Council ADOPT City Council Resolution No. q?- ? 3 APPROVING Conditional Use Permit Amendment CUP 93-04(D) and Coastal Development Permit CDP 96-18 based on the findings and subject to the conditions contained therein. ITEM EXPLANATION: Grand Pacific Resorts has requested permission to provide 32 temporary parking spaces on City owned excess right-of-way on Carlsbad Boulevard. The property is directly west of the existing Seapointe Resort and is currently vacant. The intent of the proposal is to make additional parking available to Seapointe. staff and guests for up to a maximum of three years while initial sales of timeshare units at the resort are ongoing. No general public parking will be permitted. The Planning Commission heard the request at its January 15, 1997 meeting and has recommended approval by a 6-O vote. FISCAL IMPACT: Should the City Council approve the request, the applicant will abide by a license agreement which stipulates a monthly rental payment of approximately $1 ,OOO.OO to be paid to the City by the licensee (Grand Pacific Resorts). In addition, the licensee is responsible for all utilities and any property taxes imposed as a result of the use of the property. EXHIBITS: 1. City Council Resolution No. 9 ‘7 .- ‘? 3 2. Location Map 3. Planning Commission Resolutions No. 3995 and 4014 4. Planning Commission Staff Report, dated January 15, 1997 5. Excerpts of Planning Commission Minutes, dated January 15, 1997. 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 RESOLUTION NO. 9 7 - 7 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT AMENDMENT AND COASTAL DEVELOPMENT PERMIT FOR A NON-REQUIRED 32 SPACE TEMPORARY PARKING LOT FOR THE SEAPOINTE RESORT WITHIN EXCESS CITY RIGHT-OF-WAY, GENERALLY LOCATED EAST OF CARLSBAD BOULEVARD, NORTH OF ISLAND WAY AND WEST OF SURFSIDE LANE. CASE NAME: SEAPOINTE TEMPORARY PARKING CASE NO.: CUP 93-04(D)/CDP 96-l 8 WHEREAS , on January 15, 1997, the Carlsbad Planning Commission held a duly noticed public hearing to consider a Conditional Use Permit Amendment and Coastal Development Permit allowing a non-required 32 space temporary parking for the Seapointe Resort within excess City right-of-way; WHEREAS, the City Council did on the 18th day of February , 1997, held a public hearing to consider the recommendation and heard all persons interested in or opposed to CUP 93-04(D) and CDP 96-18; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: . 1. That the foregoing recitations are true and correct. 2. That the City Council approves the Conditional Use Permit Amendment, CUP 93-04(D) and Coastal Development Permit, CDP 96-18, and that the findings and conditions of the Planning Commission contained in Planning Commission Resolutions No 3995 and 4014 , on file with the Planning Department are incorporated herein by reference. .., . 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 - PASSED AND ADOPTED at a regular meeting of the City Council of the City of C&bad onthe 18th day of February 1997, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hall NOES: None ABSENT: None ATTEST: (SEAL) stant City Clerk -2- L, - I EXHIBIT 2 SEAPOINTE TEMPORARY PARKING CUP 93004(D)/CDP 96-l 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 EXHIBIT 3 PLANNING COMMISSION RESOLUTION NO. 3995 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW A 32 SPACE TEMPORARY PARKING LOT ON PROPERTY GENERALLY LOCATED EAST OF CARLSBAD BOULEVARD, NORTH OF ISLAND WAY AND WEST OF SURFSIDE LANE IN LOCAL FACILITIES MANAGEMENT ZONE 22. CASE NAME: SEAPOINTE TEMPORARY PARKING CASE NO.: CUP 93-04(D) WHEREAS, Grand Pacific Resorts, “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by the City of Carlsbad, “Owner”, described as Ponto Drive and Carlsbad Boulevard, approximately 40,000 square feet commonly known as the Anacapa Site; and Lots 1 and 2 in fractional Section 20, Township 12 south, Range 4 west, San Bernardino base and meridian, in the City of Carlsbad, in the County of San Diego, State of California, according to the official plat thereof (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit Amendment as shown on Exhibit “A’‘-“C” dated January 15, 1997, on file in the Carlsbad Planning Department, as provided by the conditions of approval of CUP 93-04 and Chapter 21.42 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 15th day of January 1997, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to CUP 93-04(D); and WHEREAS, the Planning Commission approved, CUP 93-04 as described and conditioned in Planning Commission Resolution No. 3692. 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 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) W That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of Conditional Use Permit Amendment, CUP 93-04(D), based on the following findings and subject to the following conditions: Findinps: 1. 2. 3. 4. 5. 6. . . . The Planning Commission finds that the project, as conditioned herein for the Seapointe Temporary Parking, is in conformance with the Elements of the City’s General Plan, based on the following: a. Circulation - The proposed project is setback sufficiently from the travel way that it will not affect the scenic quality of the corridor. b. Views of the project will be limited from adjacent roadways. c. Landscaping will soften minimal visual impacts from roadways. That the requested use is 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 surrounding uses, in that it is located away from existing uses, has limited hours of operation, and is a temporary use to be abated by a date specific. That the site for the intended use is adequate in size and shape to accommodate the use, in that the parking and landscaping fit on the property without the need for variances. 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 they are required as part of the conditions of approval and are reflected on approved exhibits. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the project is not anticipated to generate additional traffic. That the Planning Director has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15311 of the state CEQA Guidelines and will not have any adverse significant impact on the environment. PC RESO NO. 3995 -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 Conditions: Planning 1. 2. 3. 4. 5. 6. The Planning Commission does hereby RECOMMEND APPROVAL of the Conditional Use Permit Amendment for the project entitled Seapointe Temporary Parking (Exhibits “A “-“C” dated January 15, 1997), 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 Developer to make, all corrections and modifications to the Conditional Use Permit Amendment document(s), as necessary, to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development 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 on a 24” x 36” blueline drawing. Said blueline drawing shall also include a copy of any applicable Coastal Development Permit and signed approved site plan. The Developer shall prepare a detailed landscape and irrigation plan in conformance with the City’s Landscape Manual. The plans shall be consistent with the theme for Carlsbad Boulevard; effectively screen the temporary parking area. Plans meeting these goals shall be submitted to and approval obtained from the Planning Director prior to construction of the parking lot. The Developer shall construct and install all landscaping as shown on the approved plans, and maintain all landscaping in a healthy and thriving conditions, free from weeds, trash and debris. This Conditional Use Permit is granted for a period of 3 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. 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 PC RESO NO. 3995 c7 -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 7. 8. 9. 10. 11. 12. 13. sues and the public’s health and welfare, or the conditions imposed herein’ have not been met. This permit may not be extended. The temporary parking is approved for a maximum period of 3 years, (January 15, 2000) after which all improvements shall be removed and the site graded to resemble natural contours. The site shall then be hydro-seeded with a native mix to the satisfaction of the Planning Director. Scheduled sales tours shall be limited to between the hours of 9:00 a.m. and 8:00 p.m. No lighting shall be allowed. The project may only provide appropriate signage indicating that the lot is for private use and directional information. Signage shall be reviewed and approved by the Planning Director prior to installation. CUP 93-04(D) is subject to the approval of CDP 96-18. The applicant may not sub-lease the property. Valet parking may be provided. Engineering 14. 15. The Developer shall pay all current fees and deposits required. 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. 16. The parking lot shall be constructed in accordance with the following and to the satisfaction of the City Engineer: a. The two driveway approaches shall be constructed as standard concrete driveway aprons. b. The first twenty feet at each driveway shall consist of a minimum 4” thick section of asphalt concrete. C. Signing shall be provided to clearly delineate direction of traffic for ingress and egress. d. Wheel stops shall be provided for spaces fronting Carlsbad Blvd. e. Parking spaces shall be striped. PC RESO NO. 3995 -4- b’ 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 17. Prior to construction, the applicant shall obtain a City right-of-way permit to install the two driveway aprons. Community Services 18. All curb, gutter and sidewalk areas that have been impacted by driveway and wheel chair ramp cuts shall be replaced. 19. Sewer, water and irrigation service laterals shall be shown on the plans as being removed in the future or being reused by another party. Carlsbad Water District 20. The entire potable water system, reclaimed water system and sewer system shall be evaluated in detail to ensure that adequate capacity, pressure and flow demands can be met. 21. 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. 22. Sequentially, the Developer’s Engineer shall do the following: a. Meet with the City Fire Marshal and establish the fire protection requirements. Also obtain GPM. demand for domestic and irrigational needs from the appropriate parties. b. Prepare a colored reclaimed water use area map and submit to the Planning Department for processing and approval. 23. Prior to the preparation of sewer, water and reclaimed 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. 24. All landscape plans shall be submitted to the Planning Department per the landscape manual. 25. If any of the foregoing conditions fail to occur; or if there 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 PC RESO NO. 3995 -5- 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 vested rights are gained by Developer or a successor in interest by the City’s approval of this Conditional Use Permit. Code Reminders: 26. 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. 27. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 15th day of January 1997 by the following vote, to wit: AYES: Chairperson Nielsen, Commissioners Compas, Heineman, Monroy, Noble and Savary NOES: None ABSENT: Commissioner Welshons ABSTAIN: None ----. ,M\, 1 \ ROBERT NIELSEN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. H%ZMItiER Planning Director PC RESO NO. 3995 -6- ld 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. 4014 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF COASTAL DEVELOPMENT PERMIT NO. CDP 96-18 ON PROPERTY GENERALLY LOCATED AT 6400 SURFSIDE LANE IN LOCAL FACILITIES MANAGEMENT ZONE 22. CASE NAME: SEAPOINTE TEMPORARY PARKING CASE NO.: CDP 96-l 8 WHEREAS, Grand Pacific Resorts, “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by the City of Carlsbad, “Owner”, described as Ponto Drive and Carlsbad Boulevard, approximately 40,000 square feet commonly known as the Anacapa Site; and Lots 1 and 2 in fractional Section 20, Township 12 south, Range 4 west, San Bernardino base and meridian, in the City of Carlsbad, in the County of San Diego, State of California, according to the official plat thereof (“the Property”); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits “A”-“ C” dated January 15, 1997, on file in the Planning Department, (Coastal Development Permit CDP 96-18) as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 15th day of January 1997, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to CDP 96-18. // 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 Planning Commission of the City of Carlsbad as follows: 4 That the foregoing recitations are true and correct. B) Findings: That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of Coastal Development Permit, CDP 96-18, based on the following findings and subject to the following conditions: 1. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the project will not affect agriculture, shoreline, coastal bluffs, or coastal access and is not within any of the coastal overlay zones. 2. That the development is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act, in that the project is located east of the first public roadway and will not affect public access or recreation. Conditions: 1. The Planning Commission does hereby RECOMMEND APPROVAL of the Coastal Development Permit for the temporary parking lot project entitled Seapointe Temporary Parking (Exhibit “A “-“C” dated January 15, 1997, 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 Developer to make, all corrections and modifications to the site plan document(s), as necessary, to make them internally consistent and in conformity with final action on the prqject. Development shall occur substantially as shown in the approved Exhibits. Any proposed development substantially different from this approval, shall require an amendment to this approval. 2. This approval is valid for a time period of up to 3 years (January 15,200O). 3. Approval of CDP 96-18 is granted subject to the approval of CUP 93-04(D). CDP 96- 18 is subject to all conditions contained in Planning Commission Resolution No. 3995 for the Conditional Use Permit Amendment. . . . PC RESO NO. 4014 -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 h PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 15th day of January 1997, by the following vote, to wit: AYES: Chairperson Nielsen, Commissioners Compas, Heineman, Monroy, Noble and Savary NOES: None ABSENT: Commissioner Welshons ABSTAIN: None r CARLSBAD PLANkING COMMISSION ATTEST: MICHAEL J. HwZMItiER Planning Director PC RESO NO. 4014 -3- 13 ‘I ne City of CARLSBAD Planning Departmeul EXHIBIT A REPORT TO THE PLANNING COMMISSION Item No. 3 0 Application complete date: July 3 1. 1996 P.C. AGENDA OF: January 15, 1997 Project Planner: Christer Westman Project Engineer: Ken Quon SUBJECT: CUP 93-04(D)/CDP 96-18 - SEAPOINTE TEMPORARY PARKING - A request for approval of a Conditional Use Permit Amendment and a Coastal Development Permit to allow a non-required 32 space temporary parking lot for the Seapointe Resort within excess City right-of-way, generally located east of Carlsbad Boulevard north of Island Way and west of Surfside Lane in Local Facilities Zone 22. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 3995 and 4014 RECOMMENDING APPROVAL of Conditional Use Permit Amendment CUP 93-04(D) and Coastal Development Permit CDP 96-18 based on the findings and subject to the conditions therein. II. INTRODUCTION The application is a request for the approval of a non-required 32 space temporary parking lot, to be placed on excess City right-of-way for the purpose of providing parking for timeshare sales for the Seapointe Resort for a period of time not to exceed three years. The issue related to the application is screening of the proposed parking area. The project is in conformance with all applicable plans, standards, ordinances, and policies. III. PROJECT DESCRIPTION AND BACKGROUND The applicant, Grand Pacific Resorts, has requested permission to provide 32 non-required temporary parking stalls for the Seapointe Resort. The temporary lot will be surface with decomposed granite. The parking spaces are proposed west of, and will be accessed from Surfside Drive. Overall, parking will be provided within the temporary lot and the permanent underground parking lot. Landscaping will be provided .as a screen on the north, west and south sides of the parking area. The subject property is generally at grade with Surfside Lane at the south end and is elevated at the north end. It is generally at grade with Carlsbad Boulevard at the south end and approximately 15 feet above Carlsbad Boulevard at the north end. Surrounding land uses include the South Carlsbad State Beach campground to the west, the Solamar Mobilehome Park to the north and both the La Costa Downs subdivision and the Lanikai Lane Mobilehome Park to the south. - CUP 93-04(D)/CDP 96-l 8 &APOINTE TEMPORARY PARIUNc JANUARY l&l997 PAGE 2 The property is vacant, has been disturbed through grading and is currently not needed for Carlsbad Boulevard. The City has no short term plan to put the property to use and has entered into a short term (not to exceed three years) lease agreement allowing the applicant to use the property. The lease agreement does not guarantee approval of the proposed parking, rather a stipulation of the lease is that the applicant is responsible for securing any necessary discretionary approvals prior to installation of the facility. The applicant’s desire to provide the additional parking stems from a concern raised by the Planning Commission regarding the overall availability of parking at the resort while sales are on-going. A Conditional Use Permit (CUP 93-04) was approved for the Seapointe Resort in 1994. This application will amend that approval to include the City right-of-way property within the scope of that approval and will be the mechanism to allow the temporary parking. The application is subject to: l The Zoning Ordinance Section 21.42 (Conditional Uses); l The Local Coastal Program Mello II Segment; and l The Growth Management Ordinance. IV. ANALYSIS Staff is recommending that the project be approved as a temporary use. Staffs recommendation is based on the following discussion which includes the project’s compliance with the General Plan, aesthetics, and compatibility of the proposal with the surrounding area. A. GENERAL PLAN and ZONING The subject property is excess right-of-way for Carlsbad Boulevard. As such it has a Zoning and General Plan designation of “Major Arterial” but has no typical zoning development standards. Therefore, the project has been reviewed for consistency with the General Plan Circulation Element as a scenic roadway. General Plan Circulation Element As designed and conditioned, the proposal is consistent with the General Plan Circulation Element. The parking is proposed to be located adjacent to Carlsbad Boulevard, which is a General Plan designated scenic roadway. The City’s goal is to preserve and enhance the visual, environmental and historical characteristics of the local community through sensitive planning and design of this transportation corridor. As a scenic roadway, Carlsbad Boulevard is classified as a Community Theme Corridor, due primarily to the extensive vistas of the Pacific Ocean to the west. With this in mind, it can be determined that the proposed parking will not significantly /a’ A CUP 93-04(D)/CDP 96-18 &4POINTE TEMPORARY PARKlNc, JANUARY 15,1997 PAGE 3 affect the scenic value of the corridor. Views of the proposed parking, looking east, are limited from the southbound lanes because of topographical differences between the road, the project site and intervening land forms. The greatest visibility will be from the northbound lanes of Carlsbad Boulevard looking east. The parking will have a presence along the northbound side of the corridor but will not affect views of the ocean from the Boulevard. Nonetheless, to soften the visibility of the parking it has been set back 60 feet from the road edge, and landscaping consistent with the Carlsbad Boulevard theme has been required as a visual screen between the parking and the roadway. B. CONDITIONAL USE PERMIT Conditional land uses such as time share resorts possess unique and special characteristics which make it impractical to include them as permitted uses “by right” in any of the various zoning classifications. The authority for the location and operation of these uses is subject to Planning Commission review and approval. This application will amend an approved conditional use permit to include the City right-of-way property and the temporary off-street parking. The following facts are found to exist for this conditional use permit amendment: 1. That the requested use is 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 surrounding uses, in that it is located away from existing uses, has limited hours of operation, will not be lit, and is a temporary use to be abated by a date specific. The project site is associated with a commercial development, yet it is within close proximity to long term and short term residential areas. Solamar Mobile Home Park, Lanikai Lane Mobile Home Park and the South Carlsbad State Beach campgrounds are nearby. In an effort to eliminate any potential operational incompatibilities, conditions have been placed on the project which will restrict tour hours from 9:00 a.m. to 8:00 p.m.; require all activities to be conducted within the building; and, limit the approval to a maximum of 3 years. 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that the parking and landscaping fit on the property without the need for variances. There are no setback regulations, however, the parking has been set back 45 feet from Carlsbad Boulevard and 9.5 feet from Surfside Lane. 3. 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 they are required as part of the conditions of approval and are reflected on approved exhibits. All improvements shall be in conformance with the approved exhibits. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the use, in that the street has been developed as a local cul-de-sac which has the capacity to accommodate a greater number of daily trips than are expected with this project. - - CUP 93-04(D)/CDP 96-l 8 SEAPOINTE TEMPORARY PARKING JANUARY 15,1997 C. LOCAL COASTAL PROGRAM The project site is located within the Coastal Zone and, therefore, requires a Coastal Development Permit. The proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that: (1) the project will not significantly affect existing public views since it is located on the east side of the first public road; (2) the property is not within the agricultural overlay zone and has no value as agricultural land; (3) there are no steep slopes or sensitive habitat present on the site; (4) the project will not affect physical or visual access to the beach; and (5) the proposal will not affect erosion of coastal bluffs. D. GROWTH MANAGEMENT ORDINANCE The project will not generate the need for any facilities. This is because most needs are based on dwelling units or equivalent dwelling units in the case of water and sewer demand. No dwelling units or estimated dwelling units can be attributed to the project. V. ENVIRONMENTAL REVIEW The proposal is exempt under the California Environmental Quality Act as a temporary accessory structure appurtenant to an existing commercial facility. Class 11: Section 153 11. ATTACHMENTS 1. Planning Commission Resolution No. 3995 2. Planning Commission Resolution No. 40 14 3. Location Map 4. Background Data Sheet 5. Local Facilities Assessment Form 6. Disclosure Statement 7. Exhibit “A’‘-“C” dated January 15, 1997. CWbk - BACKGROUND DATA SHEET CASE NO: CUP 93 -04(D)/CDP 96- 18 CASE NAME: SEAPOINTE TEMPORARY PARKING APPLICANT: GRAND PACIFIC RESORTS REQUEST AND LOCATION: A non-reauired 32 snace temporary parking lot generally located at 6400 Surfside Lane. LEGAL DESCRIPTION: Ponto Drive and Carlsbad Boulevard, approximately 40,000 square feet commonly known as the Anacapa Site; and Lots 1 and 2 in fractional Section 20. Township 12 south, Range 4 west, San Bernardino base and meridian. in the City of Carlsbad, in the Countv of San Diego. State of California, according to the official nlat thereof APN: N/A Acres: 1.0 Proposed No. of Lots/Units: N/A GENERAL PLAN AND ZONING Land Use Designation: N/A Density Allowed: N/A Density Proposed: N/A Existing Zone: N/A Proposed Zone: N/A Surrounding Zoning and Land Use: (See attached for information on Carlsbad’s Zoning Requirements) Zoning Land Use Site none vacant, none North OS vacant, OS south R-1-10 vacant, RM East T-C hotel, T-R West OS vacant, OS PUBLIC FACILITIES School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 2 Public Facilities Fee Agreement, dated: N/A ENVIRONMENTAL IMPACT ASSESSMENT 0 Negative Declaration, issued Cl Certified Environmental Impact Report, dated lxl Other, Exempt Section 153 11. Accessorv structure to an existing commercial use h 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: Seapointe Temporary Parking CUP 93-04(D)/CDP 96-l 8 LOCAL FACILITY MANAGEMENT ZONE: 22 GENERAL PLAN: N/A ZONING: N/A DEVELOPER’S NAME: Grand Pacific Resorts ADDRESS: 5050 Avenida Encinas Suite 200 Carlsbad, CA. 92008 PHONE NO.: 43 l-8500 ASSESSOR’S PARCEL NO.: N/A QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 1.0 ac. ESTIMATED COMPLETION DATE: A. B. C. D. E. F. G. H. I. J. K. City Administrative Facilities: Demand in Square Footage = Library: Demand in Square Footage = Wastewater Treatment Capacity (Calculate with J. Sewer) Park: Demand in Acreage = Drainage: Demand in CFS = Identify Drainage Basin = (Identify master plan facilities on site plan) Circulation: Demand in ADTs = (Identify Trip Distribution on site plan) Fire: Served by Fire Station No. = Open Space: Acreage Provided = Schools: (Demands to be determined by staff) Sewer: Demands in EDUs Identify Sub Basin = (Identify trunk line(s) impacted on site plan) Water: Demand in GPD = N/A N/A N/A N/A N/A C N/A 4 N/A N/A N/A 22B N/A .’ u w - u I City of Cxrlsbad s- DISCLOSURE STM’EMENT APPLICANT-S STATE!!ENTOFDISCLOSURE ORCERTAIN OWNERSHIP INTERESTS ON ALLAPPLIC~TIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL OR AN7’ APPOINTED BOARD. COMMISSION OR COMMI-ITEE (Pl+se Print) The following information must be disciosed: 1. AoDlicant List the names and addresses of all persons having a financial interest in the application. GMnd Pacific Resorts, Inc. 5050 Avenida Encinas, Suite 200 . Carl&ad, CA 92008 David Brown -Co-President 2. Owner List the names and addressees of all person having any ownership interest in the property involve< cityofmrlsbad 1200 Carl&ad Village Drive Carl&ad, CA 92008 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the name and addresses of ail individuals owning more than 10% of the shares in the corporation or ownin any parrnership interest in the pannelship. G&aJ 4. 2 \ 3 1’ If any person identified pursuant to (I) or (2) above is a non-profit organization or a test. list thl names and addresses of any person serving as off&r or director of the non-profit organization o as trustee or beneficiary of the trust. DISCLOSJ;RM,f!36 7 P&GF 1 nf ') 2075 Las Palmas Dr. - Carisbaa. CA 92009-l 576 - ,619) 438-1161 l FAX (619) 438~089j. t 30 Disclosure Statement Peq Page 2 5. Have you had more than $250.00 WC& of business transacted with any member of City staff. Boards, Commissi No 4 ns, Committees and Council within the past twelve months? yes - - If yes, please indicate person(s) Person is defmcd as *Any individual. firm, copart~icrship, joint venture, association, social dub, frarcmai orgakation, coqmration, estate, trust, receiver, syndicate, this attd atty other county, tity and county, city municipality, district or other pol@zal subdivision or any other group or combination acting as a unit.” (NOTE: Attach additional pages as necessary) Signature of Owner/date Print or type name of owner DISCLOSJRM 3’96 CI t tm&b .7. ,+Y;* F *,: - g-t-- f&&J gg;;: Print 0i qpe na& of a@icanr ijk7Pwcr PAGE 1 of 2 PLANNING COMMISSION January 15, 1997 EXHIBIT 5 Page 3 DRAFT 3. CUP 9%04(DVCDP 96-18 - SEAPOINTE TEMPORARY PARKING - A request for approval of a Conditional Use Permit Amendment and a Coastal Development Permit to allow a non-required 32 space temporary parking lot for the Seapointe Resort within excess City right-of-way, generally located east of Carlsbad Boulevard north of Island Way and west of Surfside Lane in Local Facilities Zone 22. Chairperson Nielsen announced to the applicant, Commissioners and the public that if the Commission recommends approval of this item it will be forwarded to the City Council for its consideration. Chairperson Nielsen requested that the applicant approach the podium and explained that because there was one (1) Commissioner absent, they were being given the option of having their item remain on the agenda and be heard with the Commissioners present or to have the item continued to a time when all the Commissioners are present. Representing Grand Pacific Resorts, Mike Howes of Hofman Planning Associates, 2386 Faraday Avenue, Suite #120, Carlsbad, CA, responded that they are ready to proceed at this time. Project Planner Christer Westman outlined this parking lot project by explaining that Grand Pacific Resorts has requested a permit to use excess City owned property adjacent to the resort facility, for thirty- two (32) parking spaces for use by prospective buyers while they attend sales presentations. Mr. Westman stated that the permit will be for three years and will terminate and the property be restored in January of the year 2000. Mr. Westman described the area as having two points of access and is proposed to have both AC paving (on the approach aprons) and decomposed granite (or some similar material) on the remainder of the surface. He pointed out that the area is proposed to have a short lattice type fence around the perimeter and mature shrub clusters approximately forty (40) feet apart. Commissioner Compas asked if the public will be allowed to park in this lot or is to be a valet parking area. Mr. Westman responded by saying that the intent is to provide ample parking for prospective buyers as well as staff. He stated he had no specific information on valet parking and that it was not part of the application. He also added that there would be signage indicating that It is for Seapointe parking only. Commissioner Compas then inquired about curb stops and lines if there is going to be any time when visitors will be parking their own cars. Mr. Westman replied that there is nothing of that nature in the proposed plan. The plan shows a fence but no curb stops or striping. Chairperson Nielsen opened public testimony and asked the applicant to step to the podium. Mike Howes, Hofman Planning Associates, 2386 Faraday Ave., Suite 120, Carlsbad, stated that they are in agreement with the staff report and the conditions of approval. Mr. Howes voiced the belief that this project will greatly improve the parking situation in that area as it will free up the parking on the public streets for those wishing to park and walk to the beach. He pointed out that this is a strictly voluntary project and reminded everyone that the project is in conformance with all rules and regulations. Mr. Howes concluded his testimony by expressing their belief that this parking lot will not only benefit the Grand Pacific Resort project but also the public and the City. The public has better parking and safer access to the beach and the City will have converted a non-revenue producing piece of land into a revenue producing property. In addition, Mr. Howes pointed out that since this will only be temporary, there are no limits on what the City could do with the property in the future. Commissioner Compas asked if this lot is intended for valet parking only and used primarily on weekends. Mr. Howes answered affirmatively. MINUTES a2 - PLANNING COMMISSION January 15, 1997 Page 4 DRAFT Chairperson Nielsen questioned the applicant how they planned to restrict the use of this lot to valet parking only and not allow the public or guests to use it. Tim Stripe, 5050 Avenida Encinas, Suite 200, Carlsbad, CA, explained that it is the policy of the resort to provide valet parking to all of its guests, particularly those attending sales presentations. He went on to say that when a individual becomes a resident of the project, they are assigned a parking space in the garage and visitors are always given free valet parking. He assured the Commission that the lot will only be used for valet parking and employees. Chairperson Nielsen again asked how they will control the use of this lot. Mr. Stripe explained that they give out a very detailed map, in a conformation package, that gives directions on how to get to the resort and they state (very clearly) to “please pull up to the valet parking area”. Commissioner Compas asked if there would be signage that would state the lot is not open to public use. Mr. Stripe agreed to add the necessary signage, i.e., “This lot is for employees and Valet Parking - ONLY”. Chairperson Nielsen invited comment from the public. Seeing no one, Chairperson Nielsen closed the public testimony and opened Commission discussion. Commissioner Noble asked what if David Bradstreet comes up with something for that property, before the end of three years. Mr. Westman stated that it is his understanding that it is a month to month lease and probably could be terminated if necessary. Commissioner Compas asked again about the surface materials and the striping. Mr. Westman stated that there would be decomposed granite or a similar hard pack surface and with regard to the striping, he again noted that there is nothing in the plans requiring striping. Chairperson Nielsen requested that the applicant return to the podium. Tim Stripe, for the applicant, agreed to provide the striping. Commissioner Heineman questioned Assistant City Attorney Rudolf as to whether the applicant will have the latitude to use this property in any way he chooses as long as it is a legal use. Mr. Rudolf responded by pointing out that the permit limits what can be done with the lease including that the property can not be sub-leased. He also said that he was sure that there are other provisions in the lease that, at least, require them to obey all applicable federal, state and local laws. Commissioner Heineman asked if the lease restricts them to the application specified in this case. Mr. Rudolf stated that it is his understanding that the permit will be granted for this use alone. Commissioner Heineman stated that because the City is issuing a Coastal Permit, it is important to know the limits of the lease. MINUTES a3 - PLANNING COMMISSION January 15, 1997 Page 5 DRAFT Commissioner Monroy asked Mr. Rudolf if the City would be liable for damages if an individual parked in ‘that lot and accidentally rolled down the embankment, since there are no curb stops. Before answering the Commissioner, Mr. Rudolf asked Principal Civil Engineer Bob Wojcik if there is anything in the plans requiring curb stops. Mr. Wojcik stated that curb stops are not shown on the plans and that it is an oversight on Engineering’s part and added that Engineering will require wheel stops to be placed on the lot, at least for those spaces facing the boulevard. Mr. Rudolf asked Mr. Wojcik if there are minimum standards that would be applicable to any parking lot in the City that would require those kinds of things and Mr. Wojcik answered in the negative and added that it should be specified in the Conditions. Commissioner Heineman asked the applicant if he is willing to accept a Condition that includes wheel stops. Tim Stripe answered that they would be glad to accept such a Condition. ACTION: Motion by Commissioner Heineman, and duly seconded, to adopt Planning Commission Resolutions No. 3995 and No. 4014, recommending approval of Conditional Use Permit Amendment CUP 93-04(D), including the condition that wheel stops and striping be installed on the lot, and Coastal Development Permit CDP 96-I 8, based upon the findings and subject to the conditions therein. Chairperson Nielsen called for any further discussion. Commissioner Compas stated that he wished to include “requires valet parking” in the motion and Commissioner Heineman agreed to the additional amendment. Chairperson Nielsen asked Mr. Wayne if the curb stops and striping need to be included in this motion or is it a “given” since the applicant has already agreed to provide them. Mr. Rudolf pointed out that those items are already in the motion Mr. Wayne reminded the Commissioners that they had spoken of signage and did they still want to some signage included. He pointed out that, as it stands now, only directional signage is allowed. Commissioner Compas stated that he wished to include, in his amendment, “valet parking AND appropriate signage”. Chairperson Nielsen suggested that the motion be re-stated. Commissioner Savary stated that if the people visiting the resort are going to a structure located on or near the parking lot, she did not understand the necessity for valet parking and asked for an explanation. Chairperson Nielsen re-opened the public testimony and asked Mr. Stripe to step forward again. Mr. Stripe explained that they consider valet parking a service that they provide for all of their guests and over the past several years, he hasn’t heard very many complaints. Alternatively, if someone does not wish to take advantage of the valet parking, they will direct that individual to a parking space other than in the lot in question. MINUTES 84 - PLANNING COMMISSION January 151997 Page 6 DRAFT, Commissioner Savary commented that she still doesn’t understand the necessity for valet parking but if the resort wants to provide it as a service, she doesn’t object. Mr. Rudolf, for clarification, stated that as the motion stands, it is his understanding that the motion REQUIRES that the resort provide valet parking and that self parking will not be allowed, rather than making valet parking available if the guest desires to use it. He also pointed out that the motion leaves no alternative method of parking to the guest. Commissioner Savary agreed that making valet parking “available” is the proper way to go. Chairperson Nielsen again closed public testimony, thanked Mr. Stripe and re-opened Commission discussion. ACTION: Motion by Commissioner Heineman, and duly seconded, to adopt Planning Commission Resolutions No. 3995 and No. 4014, recommending approval of Conditional Use Permit Amendment CUP 93-04(D), and Coastal Development Permit CDP 96-18, as amended by this Commission, to include wheel stops, striping, availability of valet parking, and appropriate signage, based upon the findings and subject to the conditions therein. Mr. Rudolf interjected, for clarification, that in addition to the signage pertaining to legitimate guests of the resort, signage prohibiting use by the general public needs to be included, and suggested that the Commission make that clarification. Chairperson Nielsen stated that the applicant had already agreed that the signage would contain language restricting the general public and designating the lot for “Valet Parking and Employees Only”. VOTE: 6-O AYES: Nielsen, Monroy, Heineman, Compas, Savary and Noble. NOES: None ABSTAIN: None - NOTICE OF PUBLIC HEARING CUP 93-04tDVCDP 96-18 COMPLETE DATE: July 3 1,1996 DESCRIPTION: A request for approval of a Conditional Use Permit Amendment and a Coastal Development Permit to allow a 32 space temporary parking lot for the Seapointe Resort within excess City right-of-way. LOCATION: This project is within the City of Carlsbad’s Coastal Zone, and is generally located at 2400 Surfside Lane, in the City of Carlsbad, County of San Diego. LEGAL DESCRIPTION: Ponto Drive and Carlsbad Boulevard, approximately 40,000 square feet commonly known as the Anacapa Site; and Lots 1 and 2 in fractional Section 20, Township 12 south, Range 4 west, San Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof. APPLICANT: Grand Pacific Resorts, 5050 Avenida Encinas, Suite 200, Carlsbad, California, 92008, (619) 431-8500. A public hearing on the above proposed project will be held by the City Council, in the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, on Tuesday, February 18, 1997, at 6:00 p.m. Persons are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. The project will be described and a staff recommendation given, followed by public testimony, questions and a decision. Copies of the staff report will be available on or after February 14, 1997. If you have any questions, or would like to be notified of the decision, please contact Christer Westman, at the City of Carlsbad Planning Department, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00 a.m. to 5:00 p.m. at 2075 Las Palmas Drive, Carlsbad, California 92009, (619) 438-l 161, extension 4448. - (Form A) TO: CITV CLERK’S OFFICE FROM: EHRISTER WESTMAN RE: PUBLIC HEARING REQUEST Attached are the materials necessary for you to notice CUP 93”04(D)/CDP 96-18 - SEAPOINTE TEMPORARY PARKING for a public hearing before the City Council. Please notice the item for the council neetlng of &V Thank you. Assistant City Han-- - 1 97 /24 Date APPEALS If you challenge the Conditional Use Permit Amendment and/or Coastal Development Permit in court, you may be limited to raising only those issues raised by you or someone else at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad City Clerk’s Office at, or prior to, the public hearing. 1. Anneals to the Citv Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (10) calendar days after a decision by the Planning Commission. . 2. Coastal Commission Appealable Project: cl This site is located within the Coastal Zone Appealable Area. q X This site is not located within the Coastal Zone Appealable Area. Where the decision is appealable to the Coastal Commission, appeals must be filed with the Coastal Commission within ten (10) working days after the Coastal Commission has received a Notice of Final Action from the City of Carlsbad. Applicants will be notified by the Coastal Commission of the date that their appeal period will conclude. The San Diego office of the Coastal Commission is located at 3 111 Camino De1 Rio North, Suite 200, San Diego, California 92108-1725. CASE FILE: CUP 93-04(D)/CDP 96-l 8 CASE NAME: SEAPOINTE TEMPORARY PARKING PUBLISH: FEBRUARY 8,1997 \ \ \ \ I \ \ \ SEAPOINTE TEMPORARY PARKING CUP 93=04(D)/CDP 96-18 RlcH~ii~ T DONAHUE JEFFEREY S MCCABE 4964 DAVID WAY 267 LA VETA AVE SAN BERNARDINO CA 92404 ENCINITAS CA 92024 MARJORIE R EDWARDS PO BOX 1905 RANCH0 SANTA FE CA 92067 LESLIE L DEVLIN 1131 AMETHYST AVE MENTONE CA 92359 TOMMY B WHITE 6910 SANDCASTLE DR CARLSBAD CA 92009 PST ASSOCIATES THOMAS/MARY CANNON 5150 E PACIFIC COAST HWY 3937 GAFFNEY CT LONG BEACH CA 90804 SAN DIEGO CA 92130 TOMMY B WHITE 1967 N HIGHWAY 101 ENCINITAS CA 92024 WILLIAM HEAD PO BOX 207 OCEANS\DE CA 92049 JEANNE’lTE SCOLLqRD 2070 CALETA CT ’ CAR&BAD CA 920QQ IT’S ABOUT TIME INC PO BOX 182189 CORONADO CA 92178 SAN DEIGO COUNTY TRANSIT 311 SOUTH TREMONG ST OCEANSIDE CA 92054 EDWIN M MONTGOMERY 476 DELAGE COURT ENCINITAS CA 92024 ,’ SAMMIS CARLSBAD ASSOC 18802 BARDEEN AVE IRVINE CA 92715 CHARLES DICKIE 5350 BROADWAY LONG BEACH CA 90803 MARIE L STANTON 1438 PACIFIC ST REDLANDS CA 92373 KRISTOPHERIELIZABETH FAMILY SCHULTE 2930 AVOCADO PT DEL MAR CA 92014 SALLY S CELORIE PO BO 2748 RANCH0 SANTA FE CA 92067 PATRICIA M TARTAGILA 56 MONARCH BAY SO LAGUNA BEACH CA 92677 ROBERT H BARELMANN 1967 HIGHWAY 101 ENCINITAS CA 92024 MARTELL MONTGOMERY 1855 LTUS CT CARLSBAD CA 92009 SEAPOINTE CARLSBAD SUITE 200 5050 AVENIDA ENCINAS CARLSBAD CA 92008 JOHN BACHMAN SUITE 700 1545 WILSHIRE BLVD LOS ANGELES CA 90017 CHRISTIAN JULLIAY 5400 LOS ROBLES DR CARLSBAD CA 92008 MARTELUDIAN MONTGOMERY 1855 LOTUS COURT CARLSBAD CA 92009 CARLSBiD UNIF SCHOOL DIST SAN MARCOS SCHOOL DIST 801 PINE AVE 1 CIVIC CENTER DR CARLSBAD CA 92008 SAN MARCOS CA 92069 SAN DIEGUITO SCHOOL DIST LEUCADIA CNTY WATER DIST 701 ENCINITAS BLVD 1960 LA COSTA AVE ENCINITAS CA 92024 CARLSBAD CA 92009 VALLECITOS WATER DIST 788 SAN MARCOS BLVD SAN MARCOS CA 92069 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 CALIF DEPT OF FISH & GAME SUITE 50 330 GOLDENSHORE LONG BEACH CA 90802 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 . CITY OF CARLSBAD ENGINEERING DEPT SD COUNTY PLANNING SUITE B 5201 RUFFIN RD SAN DIEGO CA 92123 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 REGIONAL WATER QUALITY SUITE B 9771 CLAIREMONT MESA BLVD SAN DIEGO CA 92124-1331 AIR POLLUTION CNTRL DIST 9150 CHESAPEAKE DR SAN DIEGO CA 92123 CITY OF CARLSBAD COMMUNITY SERVICES ENCINITAS SCHOOL DIST 101 SO RANCH0 SANTA FE ENCINITAS CA 92024 OLIVENHAIN WATER DIST 1966 OLIVENHAIN RD ENCINITAS CA 92024 CITY OF ENCINITAS 505 S VULCAN AVE ENCINITAS CA 92024 CITY OF VISTA PO BOX 1988 VISTA CA 92085 SANDAG SUITE 800 400 B STREET SAN DIEGO CA 92101 CITY OF CARLSBAD MUNICIPAL WATER DISTRICT PROJECT PLANNER (yx-khc wm