HomeMy WebLinkAbout1997-02-18; City Council; 14061; Carlsbad Ranch Hotel & Timeshare Resort.
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MTG. 2/18/97
DEPT. PLN d
2lTY OF CARLSBAD - AGEWA BILL
TITLE:
CARLSBAD RANCH HOTEL & TIME SHARE RESORT
CDP 96-02
CITY AlTY.
ClTYMGR a
RECOMMENDED ACTION:
That the City Council ADOPT Resolution No. 9 3 - 9 ‘? , APPROVING CDP 96-02.
ITEM EXPLANATION:
On November 26, 1996, the City Council approved SDP 96-Ol/CT 96-Ol/PUD 96-Ol/CUP
96-01 for the Carlsbad Ranch Hotel and Timeshare Resort Project, proposed to be located
on the west side of Armada Drive, north of Palomar Airport Road within Planning Area 3 of
the Carlsbad Ranch Specific Plan in the Coastal Zone and Local Facilities Management
Zone 13. The Carlsbad Ranch Hotel and Timeshare Resort Project includes 161 timeshare
units, 90 hotel units and 3 restaurants with common parking facilities providing for an 11
percent reduction in total required parking on a 12.20 acre site. The project may be built in
up to a maximum of 4 phases. The 11 percent parking reduction was conditioned on a
parking study being performed at the end of each phase at which time additional parking
can be required by the City Council including joint use parking with Lot 15 located on the
east side of Armada Drive. The entire 90 unit hotel is conditioned to be built in the first
phase of the project.
The applicant is requesting that the City Council approve a Coastal Development Permit for
the project. A Coastal Development Permit was not processed concurrently with the other
permits required for the project since the City did not receive coastal permit authority until
October 21, 1996.
The project as designed is consistent with the relevant policies of the Mello II Segment of
the Local Coastal Program, The Carlsbad Ranch Specific Plan which serves as partial
implementation for the Mello II Segment for the project site, and the Coastal Resource
Protection Overlay Zone (Zoning Ordinance Section 21.203). The project site has been
graded pursuant to previous approvals. No steep slopes or native vegetation exist onsite.
The project will not have drainage impacts on coastal resources as the project includes
National Pollutant Discharge Elimination System facilities to separate oil and other
contaminants from site runoff and public drainage facilities to serve the project will be
constructed.
Policy 6-10, Restriction On Conversion of Public Facilities Uses Or Visitor Commercial Uses
is applicable to the issuance of a Coastal Development Permit for this project. Policy 6-10
is as follows:
“Any facility, use or visitor-serving commercial development approved as being open
to the public should remain available to the general public. Use conversions or
restrictions that serve to be exclusionary shall require prior review through a local
coastal program amendment and/or a separate coastal development permit. This
PAGE 2 OF AGENDAr‘dlLL NO. 1 q@ 1
requirement shall be noticed on such projects by the recordation of a deed restriction
prior to the issuance of a building permit.”
In order to comply with Policy 6-10 the hotel and restaurant portions of the project will be
required to record a deed restriction prior to the issuance of a building permit specifying that
any use conversion or restrictions that serve to be exclusionary shall require prior review
through a local coastal program amendment and/or a separate coastal development permit.
The project grading will be conditioned to comply with the grading provisions of the Coastal
Resource Protection Overlay Zone which prohibits grading between October 1st and April
1 st.
ENVIRONMENTAL REVIEW:
The proposed use was analyzed in the Program Environmental Impact Report (EIR 94-01)
certified for the Carlsbad Ranch Specific Plan Amendment and related applications on
January 9, 1996, by the City Council. Mitigation measures required for the grading plan and
final map which permitted grading of the project area have been applied. Applicable
mitigation measures have also been incorporated in the other permits recently approved for
the project. The environmental analysis for the project included an Initial Study
(Environmental Impact Assessment Form - Part II) focusing on any changes from the
approved plans and the project contemplated in the EIR to what is proposed with this
project. No additional significant adverse impacts were identified in the initial study for this
project, therefore, no further environmental review is required. A Notice of Prior Compliance
was prepared for the project and published in the newspaper. A Notice of Determination
will be filed upon the final action being taken on the project.
FISCAL IMPACT:
All required improvements are to be funded by the developer. The Facility Financing
Section of the Zone 13 Local Facilities Management Plan lists the facility financing
techniques being used to guarantee the public facilities needed to serve development within
Zone 13.
GROWTH MANAGEMENT STATUS:
j Facilities Zone I 13 I
Local Facilities Management Plan
Growth Control Point
. Net Density
Special Facility Fees
13
N/A
N/A
Park Fee 40 cent&q. ft.
EXHIBITS:
1. City Council Resolution No. ? 7 a ‘? y
2. Location Map a
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CITY COUNCIL RESOLUTION NO. 97-74
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A COASTAL
DEVELOPMENT PERMIT FOR A PROJECT CONTAINING
161 TIMESHARE UNITS, 90 HOTEL UNITS AND 3
RESTAURANTS WITH COMMON PARKING FACILITIES
PROVIDING FOR AN 11 PERCENT PARKING REDUCTION
ON 12.20 ACRES OF PROPERTY GENERALLY LOCATED
ON THE WEST SIDE OF ARMADA DRIVE, NORTH OF
PALOMAR AIRPORT ROAD WITHIN PLANNING AREA 3 OF
THE CARLSBAD RANCH SPECIFIC PLAN AND IN LOCAL FACILITIES MANAGEMENT ZONE 13.
CASE NAME: CARLSBAD RANCH HOTEL dz
TIMESHARE RESORT
CASE NO.: CDP 96-02
WHEREAS, Grand Pacific Resorts “Developer” has filed a verified
application with the City of Carlsbad regarding property owned by the Carltas Company
“Owner”, described as
Lot 14 of Carlsbad Tract No. 92-7 in the City of Carlsbad,
County of San Diego, State of California, according to map
thereof No. 13215, filed in the Office of the County Recorder of
San Diego County on June 30,1995.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown ori Exhibit(s) “A”- “ V n dated September 18,1996, on file in
the Planning Department, CDP 96-02 as provided by Chapter 21.201.040 of the Carlsbad
Municipal Code; and
WHEREAS, the City Council did, on the 18th dayof February ,
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 Council considered
all factors relating to CDP 96-02.
.
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NOW, THEREFORE,.BE IT HEREBY RESOLVED by the City Council 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 City Council
approves Coastal Development Permit, CDP 96-02, based on the following
findings and subject to the following conditions:
Findings:
1.
2.
3.
4.
. . .
. . .
. . .
. . .
. . .
That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that the project is in compliance with
relevant policies of the Mello II Segment of the Local Coastal Program, The
Carlsbad Ranch Specific Plan which serves as partial implementation for the
Mello II Segment for the project site, and the Coastal Resource Protection
Overlay Zone. The project has been conditioned to record a deed restriction as
required by Policy 6-10 of the Mello II Segment for the hotel and restaurant
portions of the project specifying that any use conversions or restrictions that
serve to be exclusionary shall require prior review through a local coastal
program amendment and/or a separate coastal development permit.
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 design includes a
pedestrian promenade which will be open to the public and no existing public
accessways affect the project site.
That the development conforms with any applicable decision pertinent to this
proposal and for site as set by the Coastal Commission on a previously related
appeals decision per Public Resources Code Section 30604(c), in that the project is
not subject to any previously-related Coastal Commission appeals decision.
The project complies with the requirements of the Coastal Resource Protection
Overlay Zone as the project site has been graded pursuant to previous approvals
and required drainage facilities are being installed. Site specific drainage
improvements were required as conditions of approval for the other permits
approved for the project. The limitations on when grading is permitted to occur in the Coastal Zone have been applied as conditions of this permit.
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Conditions:
1. The City Council does hereby APPROVE the Coastal Development Permit for the project entitled Carlsbad Ranch Hotel & Timeshare Resort (Exhibit(s) “A” - “V”
dated September 18, 1996 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 Coastal Development Permit 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.
2. All grading activity shall be prohibited between October 1st and April 1st of any year, or as otherwise allowed by the Mello II Local Coastal Plan.
3. Prior to the issuance of a building permit for the two 6,000 square foot restaurants on Lot 1 or the 90 unit hotel on Lot 2 the applicant shall submit a
copy of a deed restriction recorded against both lots specifying that any use
conversions or restrictions that serve to be exclusionary shall require review
through a local coastal program amendment and/or a separate coastal
development permit pursuant to Policy 6-10 of the Mello II Segment of the City
of Carlsbad Local Coastal Program.
“NOTICE TO APPLICANT”
“The time within which judicial review of this decision must be sought is governed
by Code of Civil Procedure, Section 1094.6, which has been made applicable in the
City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other
paper seeking judicial review must be filed in the appropriate court no later than the
ninetieth day following the date on which this decision becomes final; however, if
within ten days after the decision becomes final a request for the record of the
proceedings accompanied by the required deposit in an amount sufficient to cover the
estimated cost of preparation of such record, the time within which such petition may
be filed in court is extended to not latter than the thirtieth day following the date on
which the record is either personally delivered or mailed to the party, or his attorney
of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad
Village Drive, Carlsbad, California 92008.”
EFFECTIVE DATE: This resolution shall be effective upon its adoption.
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PASSED, APPROVED, AND.ADOPTED at a regular meeting of the City Council of
the City of Carlsbad, California, held on the 18th day of February
1997, by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, and Hall
NOES: Council Member Nygaard
ABSENT: None
ATTEST:
MTHA e’!&ENK%4NZ, City Clerk KAREN R. KUNDTZ,WAssi~ta~t City Clerk
(SEAL)
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CA
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\ PALOMAR AIRPORT RD
CARLSBAD RANCH
HOTEL & TIMESHARE RESORT
CDP 96-02
EXHIBIT 2
Hofman Planning
A s s o c i a t e s
Planning Project Management Fiscal Analysis
Date: February 18,1997
To: Carlsbad City Council
From: Bill Hofman
Re: CDP 96-2, CARLSBAD RANCH HOTEL & TIMESHARE RESORT
On behalf of our client, Grand Pacific Resorts, I am requesting a minor change to
Condition No. 2 of City Council Resolution No. 97-74. The revised wording is as
follows:
“2. All grading activity shall be prohibited between October 1’ and April 1” of
any year, or as otheNvise allowed by the Mello II Local Coastal Plan. ”
Thank you for your consideration.
2386 Faraday Avenue l Suite 120 l Carlsbad l CA 92008 l (619) 438-1465 l Fax: (619) 438-2443
March 3,1997
Hofman Planning Associates
2386 Faraday Avenue, Suite 120
Carlsbad, CA 92008
Re: Carlsbad Ranch Hotel & Timeshare Resort
The Carlsbad City Council, at its meeting of February 18, 1997, adopted Resolution No. 97-74,
approving Conditional Use Permit Amendment CUP 96-2, Carlsbad Ranch Hotel & Timeshare
Resort.
Enclosed is a copy of Carlsbad City Council Resolution No. 97-74 for your tiles.
&&MC
Assistant City Clerk
KRK:ijp
Enclosure
1200 Carlsbad Village Drive - Carlsbad, California 92008-l 989 - (619) 434-2808
(For.n A)
TO: C1T.Y CLERK’S OFFICE
FROM t PLANNING DEPARTMENT
RE: PUBLIC HEARING REQUEST
Attached are the materials necessary for you to notice
CDP 96-02 - Carlsbad Ranch Hotel & Time Share Resort
?or a public hearing before the Clty Council.
Please notice the item for the council mating of ai19/47
Thank you.
Assistant Clty Man
January 13, 1997
Date
NOTICE OF PUBLIC HEARING
CDP 96-02
COMPLETE DATE: November 20,1996
DESCRIPTION: Request for approval of a Coastal Development Permit for a project proposing 161
timeshare units, 90 hotel units and 3 restaurants with common parking facilities providing
for an 11 percent reduction in total required parking on 12.20 acres.
LOCATION:
This project is within the City of Carlsbad’s Coastal Zone located West of Armada Drive,
north of Palomar Airport Road within Planning Area 3 of the Carlsbad Ranch Specific
Plan.
ASSESSOR’S PARCEL NUMBER:
21 l-022-12
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 Don Neu 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) 43%
116 1, extension 4446.
APPEALS
If you challenge the 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.
0 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: CDP 96-02
CASE NAME: CARLSBAD RANCH HOTEL & TIMESHARE RESORT
PUBLISH: FEBRUARY 8,1997
h
\ PALOMAR AIRPORT RD
CARLSBAD RANCH
HOTEL & TIMESHARE RESORT
CDP 96-02
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211-022-01 CARLSBAD RANCH ENTERPRISES SUITE 100 5600 AVFNIDA ENCINAS CARLSBAD CA 92008
211-022-09 NATIONAL ASSOCIATION OF MUSIC MERCHANTS IN CARE OF COWLEY CHIDESTER PO BOX 2329 RANCH0 SANTA FE CA 92067
211-022-n CARLTAS COMPANY SUITE 100 5600 AVENIDA ENCINAS CARLSBAD CA 92008
211-022-02 CARLSBAD RANCH ENTERPRISES SUITE 100 5600 AVENIDA ENCINAS CARLSBAD CA 92008
211-022-10 CARLTAS COMPANY SUITE 100 5600 AVENIDA ENCINAS CARLSBAD CA 92008
211-022-16 CARLSBAD ESTATE HOLDING INC IN CARE OF LPPI INC SUITE 130 5600 AVENIDA ENCINAS CARLSBAD CA 92008
CARLSBAD RANCH ENTERPRISES SUITE 100 5600 AVENIDA ENCINAS CARLSBAD CA 92008
CARLTAS COMPANY SUITE 100 5600 AVENIDA ENCINAS CARLSBAD CA 92008
THE PRICE CO. PO BOX 97077 KIRKLAND WASH. 98083
l
CARLSBAD RANCH ENTERPRISES SUITE 100 ' 5600 AVENIDA ENCINAS j CARLSBAD CA 92008
CARLTAS COMPANY SUITE 100 5600 AVENIDA ENCINAS CARLSBAD CA 92008
NATIONAL ASSOCIATION OF MUSIC MERCHANTS IN CARE OF COWLEY CHIDESTER PO BOX 2329 RANCH0 SANTA FE CA 92067
CARLSBAD ESTATE HOLDING INC IN CARE OF LPPI INC SUITE 130 5600 AVENIDA ENCINAS CARLSBAD CA 92008
NATIONAL ASSOCIATION OF MUSIC MERCHANTS IN CARE OF COWLEY CHIDESTER PO BOX 2329 RANCH0 SANTA FE CA 92067
CARLSBAD ESTATE HOLDING INC IN CARE OF LPPI INC SUITE 130 5600 AVENIDA ENCINAS CARLSBAD CA 92008
THE PRICE CO. PO BOX 97077 KIRKLAND WASH. 98083
CA COASTAL COMMISSION
STE 200
3111 CAMINO DEL RIO NO
SAN DIEGO CA 92108-I 725
REGIONAL WATER QUALITY BRD SANDAG
STE B STE 800
9771 CLAIREMONT MESA BLVD 401 BST
SAN DIEGO CA 92124-1331 SAN DIEGO CA 92101
AIR POLLUTION CNTRL DIST
9150 CHESAPEAKE DR
SAN DIEGO CA 92123
ERVICES DEPT
SD COUNTY PLANNING CA DEPT OF FISH & GAME
STE B STE 50
5201 RUFFIN RD 330 GOLDENSHORE DR
SAN DIEGO CA 92123 LONG BEACH CA 90802
LAFCO
1600 PACIFIC HWY
SAN DIEGO CA 92101
CARLSBAD UNIFIED SCHOOL DIST
801 PINE ST
CARLSBAD CA 92008
CITY OF CARLSBAD
PROJECT PLANNER