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HomeMy WebLinkAbout2000-06-06; City Council; 15767; Grand Pacific Palisades Resortr AB# It;. 767 MTG. 6-6-00 DEPT. PLN@ CITY OF CARLSBAD - AGENDA BILL (. TITLE: DEPT. HD. GRAND PACIFIC PALISADES RESORT SDP 96-01(A)/CDP 96-02(A) CITY ATTY. CITY MGR RECOMMENDED ACTION: That the City Council ADOPT Resolution No. dm0 ./%I , APPROVING Site Development Plan amendment SDP 96-01(A) and Coastal Development Permit amendment CDP 96-02(A). ITEM EXPLANATION: the Site Development Plan, SDP 96-01 and an amendment to the Coastal Development Permit, CDP On April 5, 2000, the Planning Commission conducted a public hearing to review an amendment to 96-02, for the Grand Pacific Resort. The amendments are a request to replace 3,218 square feet of restaurant space, which was approved as a future development, with 24 hotel rooms on three floors. The Planning Commission recommended by a 5-0 vote to approve the amendments. The 24-hotel room addition has been designed to be fully compatible with the existing Grand Pacific Resort. The proposed addition is designed in the same architectural style and with the same colors and materials as the existing buildings. The exchange of restaurant space for hotel units reduces the onsite demand for parking spaces. Considering all proposed uses, the Grand Pacific Resort was originally approved for the joint use of 57 parking spaces. Reducing the square footage of restaurant lease area and increasing the number of hotel rooms nearly eliminates the need for joint use parking, because hotel rooms have a to hotel rooms, results in a joint use of only 4 parking spaces. lower parking demand than restaurants. An approval of this proposed change of use from restaurant The proposed change of use has not been controversial nor has opposition been voiced as a result of public notice or hearing. ENVIRONMENTAL: An environmental Impact Report was completed for the Carlsbad Ranch. Development of the project site and analysis of the proposed use were included in the certified document. The proposal to construct hotel units is within the scope of the certified EIR and no new impacts have been identified which would require a new or supplemental analysis. FISCAL IMPACT: Approval of the Site Development Plan amendment and Coastal Development Permit amendment will not obligate the City to any fiscal expenditures. Hotel rooms may generate more revenue for the City in the form of Transient Occupancy Tax versus sales tax generated by a restaurant. GROWTH MANAGEMENT STATUS: Facilities Zone 13 Growth Control Point NIA Net Density NIA Special Facilities NIA PAGE 2 OF AGENDA BILL NO. I5;1b7 EXHIBITS: 1. City Council Resolution No. do00 - I I 2. Location Map 3. Planning Commission Resolutions No. 4732 and 4733 4. Planning Commission Staff Report, dated April 5, 2000 5. Excerpts of Planning Commission Minutes, dated April 5, 2000. 1 2 3 4 5 6 7 e 5 1c 11 12 13 14 15 16 17 18 19 2c 21 22 23 24 25 26 27 28 RESOLUTION NO. 2ooo-181 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE DEVELOPMENT PLAN AMENDMENT NO. SDP 96-01(A) AND COASTAL DEVELOPMENT PERMIT AMENDMENT NO. CDP 96-02(A) FOR THE ADDITION OF 24 HOTEL ROOMS TO THE GRAND PACIFIC PALISADES RESORT ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF PALOMAR AIRPORT OF THE CARLSBAD RANCH SPECIFIC PLAN IN LOCAL ROAD WEST OF ARMADA DRIVE WITHIN PLANNING AREA 3 FACILITIES MANAGEMENT ZONE 13. CASE NAME: GRAND PACIFIC PALISADES RESORTS CASE NO.: SDP 96-01(A)/CDP 96-02(A) The City Council of the City of Carlsbad, California, does hereby resolve as follows: WHEREAS, on April 5, 2000, the Carlsbad Planning Commission held a duly noticed public hearing to consider a proposed Site Development Plan Amendment and Coastal Development Permit Amendment to allow for the addition of 24 hotel rooms to the existing Grand Pacific Palisades Resort, and adopted Planning Commission Resolutions No. 4732 and 4733 recommending to the City Council that the Site Development Plan Amendment and Coastal Development Permit Amendment be approved; and WHEREAS, the City Council of the City of Carlsbad, on the 6 th day ofJune, 2000 held a duly noticed public hearing to consider the recommendation and heard all persons interested in or opposed to the SDP 96-01 (A) and CDP 96-02(A); and WHEREAS, an Initial Study was prepared for the project and it was determined that the project had complied with the mitigation measures of 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 and that only one additional mitigation measure was needed and was later made inapplicable by the City Council's repeal of the moratorium related to the traffic impacts for the intersection of El Camino Real and Palomar Airport Road, NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 3 1 2 3 4 5 6 5 E S 1c 11 12 12 14 1: 1f 17 1t l! 2( 21 2; 2: 2r 2: 2t 2; 21 1. That the above recitations are true and correct. 2. That the recommendation of the Planning Commission for the approval of Site Development Plan Amendment 96-0l(A) and Coastal Development Permit Amendment 96- 02(A) is approved and that the findings and conditions of the Planning Commission contained in Planning Commission Resolutions No. 4732 and 4733 on’ file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 3. This action is final the date this resolution is adopted by the City Council. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, ”Time Limits for Judicial Review” shall apply: “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 filed in the appropriate court no later than the ninetieth day following the Chapter 1.16. Any petition or other paper seeking judicial review must be date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of proceedings estimated cost of preparation of such record, the time within which such accompanied by the required deposit in an amount sufficient to cover the 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.” PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 6th day of June , 2000, by the following vote, to wit: AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchin NOES: None ATEST: I OOD, City Clerk (SEAL) -2- EXHIBIT 2 @ GRAND PACIFIC PALISADES RESORT SDP 96-01 (A)/CDP 96-02(A) 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 la 19 2c 21 22 23 24 25 2t 2; 28 EXHIBIT 3 PLANNING COMMISSION RESOLUTION NO. 4732 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF SITE DEVELOPMENT PLAN AMENDMENT RESTAURANT SPACE WITH 24 HOTEL UNITS ON PROPERTY LOCATED AT 5805 ARMADA DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 13. CASE NAME: GRAND PACIFIC PALISADES RESORT CASE NO.: SDP 96-01(A) WHEREAS, Grand Pacific Resorts, Inc., “Developef’/”Owner” has filed a SDP 96-01(A) TO REPLACE 3,218 SQUARE FEET OF FUTURE verified application with the City of Carlsbad regarding property described as Lot 14 of Carlsbad Tract No. 92-07 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 Site Development Plan Amendment as shown on Exhibits “A” - “G” dated April 5, 2000, on file in the Planning Department, GRAND PACIFIC PALISADES RESORT, SDP 96-01(A) as provided by Chapter 21,06/Section 21.53.120 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 5th day of April, 2000, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Site Development Plan Amendment. WHEREAS, on February 18, 1997, the City Council approved, Carlsbad Ranch Hotel and Timeshare Resort, as described and conditioned in City Council Resolution NO. 97-74. 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission RECOMMENDS APPROVAL OF GRAND PACIFIC PALISADES RESORT, SDP 96-01(A) based on the following findings and subject to the following conditions: Findines: 1. 2. 3. 4. 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 trafic circulation, in that the project design complies with the requirements of the Carlsbad Ranch Specific Plan which was found to he consistent with the various elements and objectives of the General Plan. A 25 foot building setback has been incorporated into the project design. Several pedestrian connections to the promenade walkway which runs along the western and southern edges of the site have been provided to encourage pedestrian usage. The proposed use is permitted by the Carlsbad Ranch Specific Plan. No adverse impacts onsite or on surrounding properties are expected to occur, based on the project design which contains adequate building and landscape setbacks to provide a transition to adjacent properties. That the site for the intended use is adequate in size and shape to accommodate the use, in that all applicable code requirements have been met, building coverage is less than 50% which is permitted, 38% of the total site area will be landscaped, and 11% of the surface parking lot area will be landscaped while the requirement is for a minimum of 3% landscaping in the parking area. 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 the promenade wall and required building setbacks will provide a buffer with the adjacent agricultural area. Varying building setbacks have been provided project-wide to reduce the amount of building mass along the perimeter setback areas. Adequate vehicle circulation has been provided, in addition to loading spaces, and a shuttle bus parking space. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the restaurant was projected to generate 515 average daily trips (ADT) and the hotel rooms are projected to generate 192 ADT which is less than the corresponding maximum ADT projected in the Carlsbad Ranch Specific Plan Program EIR for this planning area. The required circulation improvements identified for the Carlshad Ranch PC RES0 NO.'4732 -2- 7 1 2 3 4 5 6 7 8 9 1c 11 12 13 14 15 16 li 18 1s 2c 21 22 22 24 25 26 2i 25 5. 6. 7. 8. 9. will therefore still be adequate to accommodate the vehicle trips generated by this project. The project complies with the development standards and design guidelines of the Carlsbad Ranch Specific Plan [SP 207(A)]. A growth management park fee of 40 cents per square foot of non-residential development will be collected at the time of building permit issuance. This fee will be used to construct recreational facilities to offset the demand created by employees within Zone 13. The following findings are made to permit the building height of the project to exceed a height of 35 feet and 3 levels as provided for in the Carlsbad Ranch Specific Plan: A. The building does not contain more than three levels as shown on the project exhibits. B. The required setbacks are not required to be increased pursuant to Section 111. D. 1. b. as the setbacks required for Planning Area 3 are far greater than the requirements of the C-T Zone. C. The building conforms to the requirements of Section 18.04.170 of the Carlsbad Municipal Code. The Planning Director has determined that: A. B. C. D. E. The project is a subsequent activity of a project for which an EIR was prepared, and a notice for the activity has been given, which includes statements that this activity is within the scope of the program approved earlier, and that the program EIR adequately describes the activity for the purposes of CEQA); [15168( c)(2) and (e)]; and EIR 94-01 was certified in connection with the prior project; and This project is consistent with the project cited above and no new mitigation measures will be required; The project has no new significant environmental effect not analyzed as significant in the prior EIR, and None of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist in that no substantial changes to the project are proposed, there is no new information of substantial importance and no changes are necessary to make the previous EIR adequately apply to the project in the changed situation. The Planning Commission finds that: PC RES0 NO. 4732 -3- 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 10. 11. 12. 13. 14. A. B. C. There was an EIR certified in connection with the prior Specific Plan Amendment (SP 207(A)) and related actions; None of the circumstances requiring Subsequent or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist in that no substantial changes to the project are proposed, there is no new information of substantial importance and no changes are necessary to make the previous EIR adequately apply to the project in the changed situation. The project has no new significant environmental effect not analyzed as significant in the prior EIR and no new mitigation measures will be required. The Planning Commission finds that all feasible mitigation measures or project alternatives identified in the EIR 94-01 which are appropriate to this Subsequent Project have been incorporated into this Subsequent Project. 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. Statutory School fees will be paid to ensure the availability of school facilities in the Carlsbad Unified School District. 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 13. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the McClellan-Palomar Airport, dated April 1994, in that as conditioned an acoustical study is required to show’how the interior noise level will attenuate to 45 decibels CNEL. The project is compatible with the projected noise levels of the CLUP; and, based on the noise/land use compatibility matrix of the CLUP, the proposed land use is compatible with the airport, in that exterior noise levels on-site are acceptable for PC RES0 NO. 4732 -4- 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 the proposed use, interior noise levels will be attenuated to 45 decibels CNEL, and an avigation easement has been recorded. 15. The project is consistent with the City’s Landscape Manual, adopted by City Council Resolution No. 90-384. 16. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a building permit. 1. 2. 3. 4. 5. 6. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this Site Development Plan Amendment. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Site Development Plan documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. These conditions of approval are specific to SDP 96-01(A) and are an addition to the conditions found in Planning Commission Resolution No. 3986. All conditions of Planning Commission Resolution No. 3986 shall remain in full force and effect. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. The DeveloperDperator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and PC RES0 NO. 4732 -5- lb 1 2 3 4 5 6 7 X 9 10 11 12 13 14 15 16 17 la 19 2c 21 22 23 24 25 2t 2; 28 I. X. 9. 10. 11. 12. 13. representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Site Development Plan, (b) City's approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. The Developer shall submit to the Planning Department a reproducible 24" x 36", mylar copy of the Site Plan reflecting the conditions approved by the final decision making body. The Developer shall include, as part of the plans submitted for any permit plan check, a reduced legible version of all approving resolutions in a 24" x 36" blueline drawing format (including any applicable Coastal Commission approvals. This approval is granted subject to the approval of CDP 96-02(A) and is subject to all conditions contained in 4733 for that other approval. The Developer shall provide proof to the Planning Director from the Carlsbad School District that this project has satisfied its obligation to provide school facilities. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. The Developer is aware that the City is preparing a non-residential housing impact fee (linkage fee) consistent with Program 4.1 of the Housing Element. The applicant is fixther aware that the City may determine that certain non-residential projects may have to pay a linkage fee, in order to be found consistent with the Housing Element of the General Plan. If a linkage fee is established by City Council ordinance andor resolution and this project becomes subject to a linkage fee pursuant to said ordinance andor resolution, then the Developer, or his/her/their successor(s) in interest shall pay the linkage fee. The linkage fee shall be paid at the time of issuance of building permits, except for projects involving a request for a non-residential planned development for an existing development, in which case, the fee shall be paid on approval of the final map, parcel map or certificate of compliance, required to process the non-residential PUD, whichever pertains. If linkage fees are required for this project, and they are not paid, this project will not be consistent with the General Plan and approval for this project will become null and void. The Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. The Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thnving condition, free from weeds, trash, and debris. PC RES0 NO. 4732 -6- /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 14. 15. 16. 17. 18. 19. 20. The interior noise level of the proposed hotel rooms shall not exceed 45 dBA CNEL. Concurrent with the submittal of building plans, the applicant shall submit an acoustical study documenting what construction materials or measures must be used to meet the required interior noise levels. A letter signed by the acoustical engineer and project architect which contains each professional’s registration stamp and certifies that the recommendations of the acoustical study have been incorporated into the building plans shall be submitted prior to building permit issuance. Developer shall comply with the requirements of the City’s anti-graffiti program for wall treatments if and when such a program is formally established by the City. The developer shall pay all current fees and deposits as required. Based upon a review of the proposed site plan, a grading permit is not required for this project. No grading is proposed or hereby approved. Prior to hauling dirt or construction materials to or from the site, the developer shall submit 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. 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 City Engineer. Additional drainage easements may be required. Drainage structures shall be provided or installed prior to or concurrent with any building permit as may be required by the City Engineer. Standard Code Reminders: 21. 22. 23. 24. 25. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 13, pursuant to Chapter 21.90. All such taxedfees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. Developer shall pay a Growth Management Park Fee of 40 cents per square foot of non-residential development. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. PC RES0 NO. 4732 ~~ -7- /a 1 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 26. 27. 28. 29. 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. 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 Community Development and Planning. Addresses, approved by the Building Official, shall be placed on all new and existing buildings so as to be plainly visible fiom the street or access road; color of identification and/or addresses shall contrast to their background color, as required by Carlsbad Municipal Code Section 18.04.320. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “feedexactions.” You have 90 days fiom date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any feeskxactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. ... ... PC RES0 NO.’ 4732 -8- 1 2 3 4 5 6 7 8 9 la 11 12 13 14 15 16 17 18 19 2c 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 5th day of April, 2000, by the following vote, to wit: AYES: Chairperson Compas, Commissioners L'Heureux, Nielsen, Segall, and Trigas NOES: ABSENT: Commissioners Heineman and Baker ABSTAIN: /,bJl / WILLIAM COMF'AS, Chairperson v CARLSBAD PLANNING COMMISSION ATTEST: !a*&. MICHAELJ.H ZM LER Planning Director PC RES0 NO. 4732 -9- 1 ” 1 1 - 4 < - 6 7 E s 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 4733 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL COASTAL DEVELOPMENT PERMIT FEET OF FUTURE RESTAURANT SPACE WITH 24 HOTEL UNITS ON PROPERTY LOCATED AT 5805 ARMADA DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 13. CASE NAME: GRAND PACIFIC PALISADES RESORT CASE NO.: CDP 96-02(A) WHEREAS, Grand Pacific Resorts, Inc., “Developer’T’Owner” has filed a AMENDMENT CDP 96-02(A) TO REPLACE 3,218 SQUARE verified application with the City of Carlsbad regarding property described as Lot 14 of Carlsbad Tract No. 92-07 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 Amendment as shown on Exhibits “A” - “G” dated April 5, 2000, on file in the Planning Department, GRAND PACIFIC PALISADES RESORT, CDP 96-02(A) as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 5th day of April, 2000, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the CDP amendment. WHEREAS, on February 18, 1997, the City Council approved, Carlsbad Ranch Hotel and Timeshare Resort, as described and conditioned in City Council Resolution NO. 97-74. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 1 2 3 4 5 6 7 e S 1c 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 GRAND PACIFIC PALISADES RESORT, CDP 96-02(A) based on the following findings and subject to the following conditions: Findinm: 1. 2. 3. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the proposed project is consistent with all Development standards and conditions of both the earlier Site Development Plan, SDP 96-01, and the Carlsbad Ranch Specific Plan which serves as the implementing regulatory document for this area of the Mello I1 Segment of the LCP. Both of these projects were previously determined to be in compliance with the coastal policies for the Mello I1 Segment. In addition, there are no steep slopes or native vegetation on the site. All prior conditions of the earlier documents remain in effect with the approval of the proposed project thus ensuring continued compliance with coastal regulations. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act.in that the overall project design includes a pedestrian promenade which is open to the public and no existing public access ways are affected by the project. 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 have been 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 a condition of this permit. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a building permit. 1. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; 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 Coastal Development Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. PC RES0 NO. 4733 -2- /6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. 4. 5. 6. 7. 8. 9. 10. 11. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly, from (a) City’s approval and issuance of this Coastal Development Permit, (b) City’s approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, and (c) Developer/Operator’s installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. Developer shall submit to the Planning Department a reproducible 24” x 36”, mylar copy of the site plan reflecting the conditions approved by the final decision making body. Developer shall provide proof to the Planning Director from the Carlsbad School District that this project has satisfied its obligation to provide school facilities. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy This approval is granted subject to the approval of SDP 96-01(A) and is subject to all conditions contained in Planning Commission Resolution No. 4732 for those other approvals. These conditions of approval are specific to CDP 96-02(a) and are an addition to the conditions found in City Council Resolution No. 97-74. All conditions of City Council Resolution No. 97-74 shall remain in full force and effect. The applicant shall apply for and be issued building permits for this project within two (2) years of approval or this coastal development permit will expire unless extended per Section 21.201.210 ofthezoning Ordinance. PC RES0 NO. 4733 -3- 17 1 2 3 4 < 6 5 E s 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days fiom date of final approval to protest imposition of these feedexactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 5th day of April, 2000, by the following vote, to wit: AYES: Chairperson Compas, Commissioners L’Heureux, Nielsen, Segall, and Trigas NOES: ABSENT: Commissioners Heineman and Baker ABSTAIN: WILLIAM dJL&f- COMPAS, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 4733 -4- 1he City of Carlsbad Planning Department EXHIBIT 4 A REPORT TO THE PLANNING COMMISSION P.C. AGENDA OF: April 5,2000 Project Planner: Christer Westman SUBJECT: SDP 96-01(A)/CDP 96-021A) - GRAND PACIFIC PALISADES RESORT - Request for approval of a Site Development Plan Amendment and Coastal Development Permit Amendment to replace space allocated for a future restaurant with 24 hotel units within the existing Grand Pacific Palisades Resort timesharehotel on property located at 5805 Armada Drive in Local Facilities Management Zone 13. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 4732 and 4733 APPROVING Site Development Plan Amendment SDP 96-01(A) and Coastal Development Permit Amendment CDP 96-02(A) based on the findings and subject to the conditions contained therein. 11. INTRODUCTION The applicant is requesting approval to replace approximately 3,218 square feet of space allocated for a future restaurant with 24 hotel rooms at the Grand Pacific Palisades Resort. The site is subject to the Carlsbad General Plan, Carlsbad Zoning Ordinance, Carlsbad Ranch Specific Plan and the Mello I1 segment of the Carlsbad Local Coastal Program. 111. PROJECT DESCRIPTION AND BACKGROUND The project site is generally located within the southeastern portion of the Grand Pacific Palisades Resort which is west of Armada Drive and north of Palomar Airport Road. South of the resort is a continuation of the flower fields and to the north are Carlsbad Ranch office developments. The resort was approved in September 1996 by Site Development Plan SDP 96-01, Carlsbad Tract CT 96-01, Planned Unit Development PUD 96-01, Coastal Development Permit CDP 96- 02 and Conditional Use Permit CUP 96-11. The project is located on 12.2 acres and is within Planning Area 3 of the Carlsbad Ranch Specific Plan. The original approval consisted of 161 timeshare units, 90 hotel units, and 13,568 square feet of restaurant space. Currently the site has a 6,100 square foot restaurant and a 4,250 square foot conference center. The proposed 24 hotel units will take the place of the remaining 3,218 square feet set aside for restaurant. The hotel units are proposed as duplicates of the resort’s existing hotel rooms. Hotel rooms are an allowed use in both the Carlsbad Ranch Specific Plan and the Mello I1 segment of the Carlsbad Local Coastal Program. SDP 96-01(A)/CDP 96-0~(A) - GRAND PACIFIC PALISADES bSOR'I April 5,2000 The proposed project is subject to: a Carlsbad General Plan: TraveVRecreatiodCommunity Commercial (T-WC) Carlsbad Ranch Specific Plan: Planning Area 3 - SDP 96-01ICDP 96-02 Carlsbad Local Coastal Program Mello I1 Segment a Comprehensive Land Use Plan for McClellan-Palomar Airport a Growth Management Ordinance IV. ANALYSIS Carlsbad General Plan The Travel Recreation Commercial land use provides for visitor attractions and commercial uses which serve the travel and recreation needs of tourists, residents and employees of business and industrial centers. Hotels are specifically identified as a land use type that is anticipated within this designation. As a hotel, the project is consistent with the intent of the Travel Recreation Commercial General Plan designation of the site. Carlsbad Ranch Specific Plan - SDP 96-01 The project is consistent with. the original Site Development Plan since hotel was an approved component. All of the conditions of the original approvals are still applicable and are not proposed for change. Land Use The resort was approved with 161 timeshare and 90 hotel rooms. The Carlsbad Ranch Specific Plan allows up to a maximum of 280 rooms. The addition of 24 hotel units results in a total of 275 rooms which is within the maximum allowed. Parking The project satisfies all of the applicable parking requirements. The total parking required onsite for the existing uses plus the project (24 hotel units) is 466. This requirement is derived from the Carlsbad Ranch Specific Plan and the Carlsbad Municipal Code parking requirements for restaurants, timeshare and hotel units. Each timeshare or hotel room requires 1.2 parking spaces. Restaurants are subjected to a parking requirement of 1 space for every 100 square feet up to 4,000 square feet and 1 space for every 50 square feet over 4,000 square feet. PARKING RATIO REQUIREMENTS USE PARKING QUANTITY RATIO Restaurant 100 6,000 MOO up to 4,000 Timeshareihotel 1.2 per unit 5 1,250 1/250 for administration 30 3,000 MOO for meeting Conference 33 1 275 Total 466 1/50 over 4,000 a0 SDP 96-01(A)/CDP 96-02(A) - GRAND PACIFIC PALISADES &SORT April 5,2000 The number of parking spaces available onsite is 462. This lesser number of parking spaces was approved by the original approval of the timesharehotel and has been sanctioned by the implementation of a joint use of parking. Per section III.D(l)(c) of the Carlsbad Ranch Specific Plan, joint use of parking facilities is allowed within Planning Area 3 based on the provisions of Section 21.44.050(a)(4) of the Carlsbad Municipal Code. A total of 519 parking spaces were required for the original timesharehotel rooms as well as the originally proposed restaurant space. Applying the joint use provision, an 11% (57 parking spaces) reduction was permitted which resulted in the onsite provision of 462 parking spaces. Approval of the project will in effect lessen the number ofjoint use parking spaces. The original approvals had 57 joint use parking spaces while the proposed project requires only 4 joint use parking spaces. Since the project includes the same uses as the original approval and greatly reduces the number of joint use parking spaces, the project can be considered to be consistent with the parking ordinance. Setbacks The proposed hotel rooms are consistent with the Carlsbad Specific Plan setback and height restrictions. The proposed building is set back 25 feet from the edge of the flower fields and the building height will not exceed the height of the adjacent hotel structure which is 37 feet. The Qualified Development Overlay Zone (Q-Overlay) which is part of the zoning designation for the property requires that a Site Development Plan Amendment be approved for the proposed use prior to the issuance of any building permit. Four findings are required by the Q-Overlay Zone. The required findings with justification for each are contained in the Planning Commission resolution for the project. This section summarizes the necessary findings and support for each. The requested use is properly related to the site, surroundings and environmental settings as the project design complies with the requirements of the Carlsbad Ranch Specific Plan. Building setbacks, in addition to required landscape setbacks, have been incorporated into the project design. Pedestrian connections to the promenade walkway which runs along the western and southern edges of the site have been provided to encourage pedestrian usage. The site is also adequate in size and shape to accommodate the use as all applicable code requirements have been met. The proposed hotel addition is within the original footprint for building coverage which is 27.3% while 50% is permitted. Thirty-eight percent of the total site area is landscaped, and 11% of the surface parking lot area is landscaped. All features necessary to adjust the use to existing and permitted hture uses are provided. The promenade wall and required building setbacks provide a buffer from the adjacent agricultural area. Varying building setbacks have been provided to reduce the amount of building mass along the perimeter setback areas. Adequate vehicle circulation has been provided, in addition to loading spaces and a shuttle bus parking space. The planned street system is adequate to handle all traffic generated by the use. The project will generate 192 average daily trips (ADT) versus 515 ADT for 3,218 square feet of restaurant space. The result is a reduction in ADT by 323 which is below the maximum ADT projected in the Carlsbad Ranch Specific Plan Program EIR a1 SDP 96-01(A)/CDP 96-02tA) - GRAND PACIFIC PALISADES &SORT April 5,2000 Page 4 for this planning area. The required circulation improvements identified for the Carlsbad Ranch will therefore still be adequate to accommodate the vehicle trips generated by this project. Local Coastal ProgradCDP 96-02 The project is consistent with the original Coastal Development Permit since hotel was an approved component. All of the conditions of the original approvals are still applicable and are not proposed for change. As designed the project is consistent with the relevant policies of the Mello I1 segment of the Carlsbad Local Coastal Program. The project site has been graded pursuant to previous approvals. No steep slopes or native vegetation exists 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. Comprehensive Land Use Plan for McClellan-Palomar Airport The project is located within the Airport Influence Area for McClellan-Palomar Airport and the 60 CNEL noise contour. The site is approximately 7,000 feet west of the airport. The airport land use plan identifies the use as being conditionally compatible. The indoor community noise level must be attenuated to 45 decibels CNEL and the outdoor noise level is acceptable for associated outdoor activities according to the airport land use plan. An acoustical study is required to be submitted concurrent with the building plans for the project to demonstrate how the required interior noise level is achieved. An avigation easement has been recorded with the County Recorder as a condition of approval of the existing hotel project. Both of these requirements are listed in the Airport Land Use Plan as well as the Program EIR for the Carlsbad Ranch Specific Plan. The project is compatible with the Airport Land Use Plan with the implementation of these two conditions Growth Management The proposed project is located within Local Facilities Management Zone 13 in the northwest quadrant of the City. The impacts on public facilities created by the project, and its compliance with the adopted performance standards, are summarized in the table below. TABLE 1 - GROWTH MANAGEMENT FACILITY COMPLLANCE? DEMAND City Administration Library NIA NIA NIA NIA Onen Snace Yes Fire Station No. 4 Fire Yes 192 ADT' Circulation NIA NIA Drainage Yes $.40/sq.A. Parks NIA NIA Waste Water Treatment NIA NIA SDP 96-01(A)/CDP 96-02tA) - GRAND PACIFIC PALISADES WSORT April 5,2000 Schools Yes GPD 3,696 Water Yes EDU 16.8 Sewer Collection System Yes $.31/sq. ft. ‘This is a reduction from 5 15 ADT V. ENVIRONMENTAL REVIEW An analysis of environmental impacts was conducted when the site was first considered for development approvals through the establishment of the Carlsbad Ranch Specific Plan. The proposed project is the replacement of 3,218 square feet of restaurant space with 24 hotel units. The site has been developed with the Grand Pacific Palisades Resort and the proposed hotel units are within the envelope of development established by prior approvals. The Planning Director has determined that the project is also less intense than existing approvals and therefore qualifies for a determination of Prior Compliance. All of the impacts which may be attributed to the development of 24 hotel units have been analyzed in prior environmental documents. ATTACHMENTS: 1. Planning Commission Resolution No. 4732 (SDP) 2. Planning Commission Resolution No. 4733 (CDP) 3. Location Map 4. Background Data Sheet 5. Local Facilities Impact Assessment 6. Disclosure Sheet 7. Planning Commission Resolution No. 3986 (SDP 96-01) 8. Exhibits “A”-“G dated April 5,2000 CW:E%mh BACKGROUND DATA SHEET CASE NO: SDP 96-01(AVCDP 96-02(A) CASE NAME: GRAND PACIFIC PALISADES RESORT APPLICANT: Grand Pacific Resorts. Inc. REQUEST AND LOCATION: Reauest for auuroval of a Site Develoument Plan Amendment and Coastal Develoument Plan Amendment to reulace mace allocated for a future restaurant with 24 hotel units within the existing Grand Pacific Palisades Resort timesharehotel on urouerty located at 5805 Armada Drive in Local Facilities Management Zone 13. LEGAL DESCRIPTION: Lot 14 of Carlsbad Tract No. 92-07 in the Citv of Carlsbad. Countv of San Dieeo. State of California. according to mau thereof No. 13215. filed in the Office of the County Recorder of San Dieeo Countv on June 30. 1995. APN: 21 1-022-12-00 Acres: 12.2 Proposed No. of LotsAJnits: 24 hotel units GENERAL PLAN AND ZONING Land Use Designation: Travemecreation Commercial Density Allowed: N/A Density Proposed: N/A Existing Zone: C/T-0 Proposed Zone: N/A Surrounding Zoning, General Plan and Land Use: Zoning Site C/T-0 North C/T-Q south os East CRQ West os General Plan Current Land Use TR-C Hotel TR-C Office os Flower Field TR-C Legoland os Flower Field PUBLIC FACILITIES School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 16.8 ENVIRONMENTAL IMPACT ASSESSMENT [7 Negative Declaration, issued c] Certified Environmental Impact Report, dated Other, Prior Comuliance EIR 94-01 A. B. C. D. E. F. G. H. I. J. K. CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: SDP 96-01(AVCDP 96-02(A) Grand Pacific Palisades Resort LOCAL FACILITY MANAGEMENT ZONE: 11 GENERAL PLAN: TR-C ZONING: C/T-0 DEVELOPER'S NAME: Grand Pacific Resorts ADDRESS: 5900 Pasteur Court. Suite 200. Carlsbad California 92008 PHONE NO.: 760-431-8500 ASSESSOR'S PARCEL NO.: 21 1-022-12-00 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 12.2 acres City Administrative Facilities: Demand in Square Footage = NIA Library: Demand in Square Footage = N/A Wastewater Treatment Capacity (Calculate with J. Sewer) Park: Drainage: Circulation: Fire: Open Space: Schools: Sewer: Demand in Acreage = Demand in CFS = Demand in ADT = Served by Fire Station No. = Acreage Provided = Demands in EDU N/A NIA NIA 192 4 NIA NIA 16.8 Water: Demand in GPD = 3.696 DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which \\ill require 1 discretionar?, action on the pan of the City Council or any appointed Board. Commission or Comminee. ~ The following information MUST be disclosed at the time of application submittal. Your proiect cannel be reviewed until this information is completed. Please print. Person is defmed as "Any individual, h, co-parmership, joint venture. association. social club. fraternal Note: organization, corporation, estate, trust, receiver, syndicate. in this and any other county, city and count).. cin municipality, district or other political subdivision or any other group or combination acting as a unit." provided below. Agents may sign this document; however, the legal name and entity of the applicant and propeny owner must be I. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of persons having a financial interest in the application. If the applicant includes a corporation or pannershiQ. include tile names. title. addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OW MORE THAN 10% OF THE SHARES. PLEASE INDICATE NON- APPLICABLE (NIA) IN THE SPACE BELOW. If a publiclv-owned corporation. include the names. titles. and addresses of the corporate officers. (A separate page may be attached if necessar)..) Person Title Title Address Address NIA CorplPan 7 -. OWNER (Not the owner's agent) Provide the COMPLETE, LEGAL names and addresses of persons having any ownership interest in the propeny involved. Also. provide ihe nature of the legal ownership (it, partnership. tenants in common. non-profit. corporarion. etc.). If the ownership includes a corporation or PannershiD. include the names. title. addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES. PLEASE INDICATE NON-APPLICABLE @/A) IN THE SPACE BELOW. If a publiclv- owned cornoration, include the names. titles. and addresses of the corporate officers. (A separate page may be anached if necessary.) Person CorplPan 7t-t mfs& ~MD W Title Title Pn- %'I- Address Grand Pacific Palisades LLC 5900 Pasteur Court bte. LUU Carlsbad, CA 92008 Address 36 2075 Las Palrnas Dr. - Carlsbad. CA 92009-1576 - (760) 438-1161 - FAX (760) 438-0894 @ >. NOSPROFIT C . * NIZATION OR TRVST [fan). person identrr,.- pursuant IO (1) or (21 above is a nonprofit .J~PJ~IZJTIO~ cr 2 IY\: i:j: :::_ names and addresses of AN\' person seninf as an officer or dlrecror 0: rn: nor;->:>:-,: organizarion or as trusee or beneficia? of the. hon Profit'lrusr Title Title Address Address N/ A hon ProfirTrusr 4. Have you had more than E50 worth of business nansacted with an! membe: of CI~ st3K Boards. Commissions. Committees and/or Council within the past rwelvc (12) months" 0 Yes ho If yes. please indicarc penon(s): NOTE: Attach addirional sheets if necessary. ' formation is me and correcr to the besr of my knowledge. 3-27 - 2cw ." Tim Stripe I innb+< 5 L*; Print or rype name of owner Prim or type Aame of applicdnr Signature of 0wner;appiicant's apt if applicabWdate PrinK or rype name of owncnapplicant's agent H:ADMIN\COUNTEA\DISCLOSURE STATEMENT 5/98 Page 2 of 2 41 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. 3986 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF SITE DEVELOPMENT PLAN NO. SDP 96-01 FOR 161 TIMESHARE UNITS, 90 HOTEL UNITS AND 3 RESTAURANTS ON 12.20 ACRES GENERALLY LOCATED ON THE WEST SIDE OF ARMADA DRIVE NORTH OF PALOMAR AIRPORT ROAD WITHIN PLANNING AREA 3 OF THE CARLSBAD RANCH SPECIFIC PLAN CASENAME: CARLSBAD RANCH HOTEL AND CASE NO.: SDP 96-01 WHEREAS, Grand Pacific Resorts, Inc. “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by CARLTAS. “Owner” described as TIMESHARE RESORT 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, fded 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 Site Development Permit as shown on Exhibits “A” - “P”, dated September 18, 1996, on file in the Planning Department (Carlsbad Ranch Hotel and Timeshare Resort, SDP 96-01), and as provided by Chapter 2 1.06 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 18”’ day of September 1996, hold a duly noticed public hearing 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 SDP 96-01. ... 23 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 21 28 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 Site Development Plan. SDP 96-01, based on the following findings and subject to the following conditions: Findings: 1. 2. 3. .. 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 project design complies with the requirements of the Carlsbad Ranch Specific Plan which was found to be consistent with the various elements and objectives of the General Plan. Varying building setbacks have been incorporated into the project design. Several pedestrian connections to the promenade walkway which runs along the western and southern edges of the site have been provided to encourage pedestrian usage. The proposed uses are permitted by the Carlsbad Ranch Specific Plan. No adverse impacts onsite or on surrounding properties are. expected to occur, based on the project design which contains adequate building and landscape setbacks to provide a transition to adjacent properties. That the site for the intended use is adequate in size and shape to accommodate the use, in that all applicable code requirements have been met, building coverage is 27.3 %-while 50% is permitted, 38% of the total site area will be landscaped, and 11% of the surface parking lot area will be landscaped while the requirement is for a minimum of 3% landscaping in the parking area. 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 the promenade wall and required building setbacks will provide a buffer with the adjacent agricultural area. Varying building setbacks have been provided to reduce the amount of building mass along the perimeter setback areas. Adequate vehicle circulation has been provided, in addition to loading spaces, and a shuttle bus parking space. The project is proposed to be developed in phases and staff has conditioned the future phase building areas to be landscaped as required by the Landscape Manual since the site has. been identified as being highly visible to the public, warranting immediate treatment (Landscape Manual Section E.3-1.2-2.1~). PC RES0 NO. 3986 -2- 29 1 2 3 4 5 6 7 8 9 la 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2t 27 28 4. 5. 6. 7. 8. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the project will generate 3,600 average daily trips (ADT) which corresponds to the maximum ADT projected in the Carlsbad Ranch Specific Plan Program EIR for this planning area. The required circulation improvements identified for the Carlsbad Ranch will therefore still be adequate to accommodate the vehicle trips generated by this project. The project complies with the development standards and design guidelines of the Carlsbad Ranch Specific Plan (SP 207(A)). A growth management park fee of 40 cents per square foot of non-residential development will be collected at the time of building permit issuance. This fee will be used to construct recreational facilities to offset the demand created by employees within Zone 13. The following findings are made to permit the building height of the project to exceed a height of 35 feet and 3 levels as provided for in the Carlsbad Ranch Specific Plan: The buildings do not contain more than three levels as shown on the project exhibits. The required setbacks are not required to be increased pursuant to Section 111. D. 1. b. as the setbacks required for Planning Area 3 are far greater than the requirements of the C-T Zone. The buildings conform to the requirements of Section 18.04.170 of the Carlsbad Municipal Code. The allowed height protrusions as described in Section 21.46.020 of the Carlsbad Municipal Code do not exceed 45; with the exception of architectural features which do not exceed a height of 55 feet and: (1) do not function to provide usable floor area; (2) do not accommodate and/or screen building equipment; (3) do not adversely impact adjacent properties; (4) are necessary to ensure a building’s design excellence; and (5) are restricted to no more than 3 percent of the total roof surface area of the structure from which it protrudes as demonstrated on the project exhibits. The Planning Commission finds that: a) there was an EIR certified in connection with the prior Specific Plan Amendment (SP 207(A)) and related actions; b) the project has no new significant environmental effect not analyzed as significant in the prior EIR, and PC RES0 NO. 3986 -3- 30 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. c) none of the circumstances requiring Subsequent or a 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 94-01 which are appropriate to this Subsequent Project have been incorporated into this Subsequent Project. 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) Statutory School fees will be paid to ensure the availability of school facilities in the Carlsbad Unified School District. c) All necessary public improvements have been provided or are required as conditions of approval. d) 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 13. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the McClellan-Palomar Airport, dated April 1994, in that as conditioned an acoustical study is required to show how the interior noise level will attenuate to 45 decibels CNEL and the applicant shall record an avigation easement. The project is compatible with the projected noise levels of the CLUP; and, based on the noiselland PC RES0 NO. 3986 -4- 3r 1 2 3 4 5 6 I 8 9 la 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14. 15. 16. use compatibility matrix of the CLUP, the proposed land use is compatible with the airport, in that exterior noise levels on-site are acceptable for the proposed use, interior noise levels will be attenuated to 45 decibels CNEL, and an avigation easement will be recorded. The project is consistent with the City’s Landscape Manual. adopted by City Council Resolution No. 90-384. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case. that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. The Planning Commission finds pursuant to section 21.42.010(10)(vi) that the timeshare project is located in reasonable proximity to an existing resort or public recreational area and, therefore, can financially and geographically function as a successful timeshare project and that the project will not be disruptive to existing or future uses in the surrounding neighborhood in that the project is located within the Carlsbad Ranch Specific Plan adjacent to the future LEGOLAND Carlsbad Theme Park, the Flower Fields, the project site has ocean views and is in close proximity to planned future golf courses. The project design which complies with the development and design standards of the Carlsbad Ranch Specific Plan will assure that the project will not be disruptive to existing or future uses in the vicinity. Conditions: 1. The Planning Commission does hereby recommend approval of the Site Development Plan for the Carlsbad Ranch Hotel & Timeshare Resort project entitled “SDP 96-01”, (Exhibit “A”-“P” 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 the Developer to make all corrections and modifications to the Site Development Plan documents, as necessary to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown on the approved exhibits. Any proposed development substantially different from this approval, shall require an amendment to this approval. ,2. The Developer shall comply with all applicable provisions of federal, state and local ordinances in effect at the time of building permit issuance. ’ 3. 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. PC RES0 NO. 3986 -5- 3a 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 4. 5. 6. 7. 8. 9. ... The Developer shall include, as part of the plans submitted for any permit plan check. a reduced legible version of the approving resolutions 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. 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 January 22,1996, 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. The Developer shall provide proof of payment of statutory school fees to mitigate conditions of overcrowding as part of the building permit application. The amount of these fees shall be determined by the fee schedule in effect at the time of building permit application. The project is approved to be constructed in a maximum of four (4) phases. Phasing plans shall be submitted to the Planning Director, City Engineer, Fire Marshal, and Principal Building Inspector for review and approval prior to the issuance of a grading or building permit. The entire 90 unit hotel shall be included in the first phase of construction. In addition the parking requirement of 1.2 spaces per room for the hotel and timeshare portions of the project shall be complied with in all phasing plans. Building permits for the first phase must be issued within 18 months of the date on which the Site Development Plan receives final City Council approval or this approval shall expire. Building permits for any future phase must be issued within 6 years of the date on which the Site Development Plan receives final City Council approval or the future phase approval will expire. The area noted on Exhibit “A” as a possible site for a future pool will not require an amendment to this Site Development Plan and the related discretionary approvals. Plans for a future pool, in this location only, may be submitted through the City’s building plancheck process. 33 PC RES0 NO. 3986 -6- I 2 3 4 5 6 7 8 9 lo 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2t 27 28 10. 11. 12. 13. 14. 15. 16. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 13 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. including. but not limited to the following: a) A growth management park fee of 40 cents per square foot of non- residential development will be collected at the time of building permit issuance. This fee will be used to construct recreational facilities to offset the demand created by employees within Zone 13. Approval of SDP 96-01 is granted subject to the approval of CT 96-01, PUD 96-01 and CUP 96-11. SDP 96-01 is subject to all conditions contained in Planning Commission Resolutions No. 3987,3988 and 3989 for CT 96-01, PUD 96-01 and CUP 96-1 1. Prior to the issuance of the Grading Permit, 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, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Site Development Plan, Tentative Map, Non-residential Planned Unit Development and Conditional Use Permit by Resolutions No. 3986, 3987, 3988 and 3989 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 andlor 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 materials 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 PC RES0 NO.. 3986 -7- 3Y 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2c 21 2; 22 24 2: 2t 2; 2t 17. 18. 19. 20. 21. 22. 23. 24. 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. Building identification andor 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 andor addresses shall contrast to their background color. The Developer shall provide a bus stop to service this development at the location indicated on the project plans and with reasonable facilities to the satisfaction of the North County Transit District and the Planning Director. Said facilities shall include a bus shelter, a bench free from advertising, and a pole for the bus stop sign. The bench and pole shall be designed to enhance or consistent with basic architectural theme of the project. The design of the required bus shelter shall be compatible with the project architecture. Plans for the bus shelter design shall be submitted to the Planning Director and the North County Transit for review and approval prior to the issuance of a building permit for the project. The bus shelter shall be constructed prior to occupancy of the first phase of the project. The Developer shall display a current Zoning and Land Use Map in the sales office at all times, or suitable alternative to the satisfaction of the PlanningDirector. Prior to approval of the Grading Permit, the Developer shall receive approval of a Coastal Development Permit 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 Site Development Plan shall be required. Prior to the recordation of the final map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). The Developer shall post aircraft noise notification sighs in all sales andor rental offices associated with the new development. The number and locations of said signs shall be approved by the Planning Director (see Noise Form #3 on file in the Planning Department). Prior to issuance of building permits, the Developer shall record an Avigation Easement for the property to the County of San Diego and file a copy of the recorded document with the Planning Director. PC RES0 NO. 3986 -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 25. 26. 27. 28. The interior noise level of the proposed hotel and timeshare buildings shall not exceed 45 dBA CNEL. Concurrent with the submittal of building plans the applicant shall submit an acoustical study documenting what construction materials or measures must be utilized to meet the required interior noise levels. A letter signed by the acoustical engineer and project architect which contains each professional’s registration stamp and certifies that the recommendations of the acoustical study have been incorporated into the building plans shall be submitted prior to building permit issuance. The applicant is aware that the City is preparing a non-residential housing impact fee (linkage fee) consistent with Program 4.1 of the Housing Element. The applicant is further aware that the City may determine that certain non- residential projects may have to pay a linkage fee in order to be found consistent with the Housing Element of the General Plan. If a linkage fee is established by City Council ordinance and/or resolution and this project becomes subject to a linkage fee pursuant to said resolution, then the applicant for this project or his/her/their successor(s) in interest shall pay the linkage fee. The linkage fee shall be paid at the time of issuance of building permits, except for projects involving a request for a non-residential planned unit development for an existing development, in which case, the fee shall be paid on approval of the final map, parcel map or certificate of compliance, required to process the non- residential PUD, whichever pertains. If linkage fees are required for this project, and they are not paid, this project will not be consistent with the General Plan and approval for this project will become null and void. Landscape plans prepared for this project shall show landscaping as required by Section E.3-1.2-2.lc of the Landscape Manual for the areas of the project not constructed as part of the initial phase of construction due to the high visibility of this area to the public. The Developer shall submit a solid waste management plan for review and approval by the City of Carlsbad. This plan shall provide the following: a) The approximate location, type and number of containers to be used to collect refuse and recyclables. b) Refuse and recyclable collection methods to be used. c) A description and site plan for any planned on-site processing facilities or equipment (balers, compactors). d) A description of the types of recycling services to be provided and contractual relationships with vendors to provide these services. e) The estimated quantity of waste generated and estimated quantities of recyclable materials. PC RES0 NO. 3986 -9- 347 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 29. 30. This plan shall also evaluate the feasibility of the following diversion programshueasures: i) Source separated green waste collection. ii) Cardboard recycling. iii) Programs which provide for the separation of wet (disposable) and dry (recoverable) materials. iv) Where feasible, providing compactors for non-recyclables to reduce the number of trips to disposal facilities. v) Glass recycling in restaurants. Pursuant to section 21.42.010(10)(iii) of the Carlsbad Municipal Code the timeshare units in this project shall be converted to a hotel use if they cannot be successfully marketed as a timeshare project. The management and maintenance plan submitted by the Developer titled “Management and Maintenance Plan - Carlsbad Ranch Hotel and Timeshare Resort” attached to this resolution is approved and made a part of the permit for the project. Building Conditions: 3 1. Building B temporary sales use needs to be processed as a tenant improvement with initial building permit plan check. 32. Property lines present numerous building code related issues for adjacent walls. The applicant shall meet with Esgil to review preliminary plans prior to building permit submittal. Water Conditions: 33. The entire potable water system, reclaimed water system and sewer system shall be evaluated in detail to ensure adequate capacity, pressure and flow demands can be met. 34. 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. ... ... PC RES0 NO. 3986 37 -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 35. 36. Sequentially, the Developer’s Engineer shall do the following: a) Meet with the City Fire Marshal and establish the fire protection requirements. Also obtain G.P.M. demand for domestic and imigational needs from appropriate parties. b) Prepare a colored reclaimed water use area map and submit to the Planning Department for processing and approval. c) 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. All private irrigation and landscape plans shall be submitted to the City’s Landscape Architect for processing. Fire Conditions: 37. 38. 39. 40. 41. 42. 43. ... Prior to the issuance of building permits, complete building plans shall be approved by the Fire Department. Additional on-site public water mains and fire hydrants are required. Applicant shall submit a site plan to the Fire Department for approval, which depicts location of required, proposed and existing public water mains and fire hydrants. The plan shall include off-site fire hydrants within 200 feet of the project. Applicant shall submit a site plan depicting emergency access routes. driveways and traffic circulation for Fire Department approval. An all weather, unobstructed access road suitable for emergency service vehicles shall be provided and maintained during construction. When in the opinion of the Fire Chief, the access road has become unserviceable due to inclement weather or other reasons, he may, in the interest of public safety, require that construction operations cease until the condition is corrected. All required water mains, fire hydrants and appurtenances shall be operational before combustible building materials are located on the construction site. Prior to final inspection, all security gate systems controlling vehicular access shall be equipped with a “Knox”, key-operated emergency entry device. Applicant shall contact the Fire Prevention Bureau for specifications and approvals prior to installation. PC RES0 NO. 3986 -1 1- 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 21 28 44. 45. 46. 47. 48. Prior to building occupancy, private roads and driveways which serve as required access for emergency service vehicles shall be posted as fire lanes in accordance with the requirements of section 17.04.020 of the Carlsbad Municipal Code. Plans- andlor specifications for fire alarm systems, fire hydrants. automatic fire sprinkler systems and other fire protection systems shall be submitted to the Fire Department for approval prior to construction. An approved automatic fire sprinkler system shall be installed in buildings having an aggregate floor area exceeding 10,000 square feet. The applicant shall provide a street map which conforms to the following requirements: A 400 scale photo-reduction mylar, depicting proposed improvements and at least two existing intersections or streets. The map shall also clearly depict street centerlines, hydrant locations and street names. A monument sign shall be installed at the entrance to the driveway or private street indicating the addresses of the buildings on site. General: 49. 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 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 Site Development Plan. . Standard Code Reminders: 50. The Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 51. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein 52. The project shall comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Building Code. 53. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, PC RES0 NO. 3986 -12- 39 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 54. 55. 56. in substance as provided in Building Department Policy No. 80-6. to the satisfaction of the Directors of Planning and Building. Compact parking spaces shall be located in large groups, and in locations clear11 marked to the satisfaction of the Planning Director. 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, the Sign Program approved for the project, and shall require review and approval of the Planning Director prior to installation of such signs. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 18th day of September 1996, by the following vote, to wit: AYES: Chairperson Compas, Commissioners Heineman, Nielsen, Noble, Savary and Welshons NOES: Commissioner Monroy ABSENT None ABSTAIN: None WILLIAM COMPAS, Chairpersotf CARLSBAD PLANNING COMMISSION ATTEST MICHAEL J. HMZMI~~ER Planning Director PC RES0 N0..3986 -13” 40 MANAGEMENTAND"TWANCEM CARLSBAD RANCH HOTEL AND TIMESHARE XESORT 1 2 *..E,,D*** 4a’ EXHIBIT 5 5. SDP 9641fAllCDP 9642fA) GRAND PACIFIC PALISADES RESORT - Request recommending approval of a Site Development Plan Amendment and Coastal Development Permit Amendment to replace space allocated for a future restaurant with 24 hotel units within the existing Grand Pacific Palisades Resort timesharelhotel on property located at 5805 Armada Drive in Local Facilities Management Zone 13. Mr. Wayne stated that agenda item #5 was a request for a Site Development Plan and a Coastal the resolution states it is a request for approval, in actuality the Commission's action would be Development Permit Amendment to add 24 hotel units to the Grand Pacific Palisades Resorts. Although Council took action on the first Site Development Plan and Coastal Permit and therefore should make the recommending approval and all resolutions will be amended stating recommending approval. The City follows: amendment. Mr. Wayne introduced Associate Planner Christer Westman, who presented the project as Mr. Westman stated that the applicant is requesting approval for the addition of 24 hotel units to an existing hotel time-share complex. The room additions have been designed in the same architectural of the addition is three floors of eight rooms each. The addition is consistent with previous approvals and style as the existing hotel. Referring to the exhibit drawing of the project, he stated that the configuration the Carlsbad Ranch Pacific Plan. The addition of the hotel rooms, which will be in lieu of future restaurant space, will generate fewer ADT than previous approvals and will require fewer onsite parking spaces. The proposal can be considered to be a reduction in use intensity. Staff is recommending approval of the project. order to keep the ADT down during lunch time. An inadequate number of restaurants would force Commissioner Segall voiced concern regarding an adequate number of restaurants for employee's in employees to leave the hill and search for restaurants. Although, he has no problem with this particular project eliminating the restaurant in order to provide more rooms, he wants the issue of providing better access to other sites from the hill addressed. He asked if there was a staircase andlor a plan in place to allow people in the commercial community access to restaurants in the Company Stores. $3 PLANNING COMMISSION April 5, 2000 Page 6 level of the Carlsbad Ranch and the Carlsbad Company Stores. He noted that the Staff Planner assigned Mr. Westman stated that it was his understanding that there would be a connection between the upper to the project said that it was Carlsbad Ranch’s responsibility to complete the connection. Currently, there are two staircases that are gated off. When the Resort and Resort Golf are built the connection will be completed, which will provide access between the upper and lower levels and act as a separation between the flower field operations and golf course. As an alternative to restaurants the planned industrial zone and the Carlsbad Ranch allow delicatessens by Conditional Use Permit. There are several smaller deli’s in the industrial parks. Commissioner Segall asked if provisions were on the books to provide additional diningldeli operations Mr. Westman responded yes. the future golf course. Commissioner Segall asked for clarification regarding the location of the flower fields and their proximity to will sometime in the future be a nine-hole golf course associated with the Carlsbad Ranch Resort Property Mr. Westman stated that it was his understanding that the flower fields presently extend into an area that and the walkway would be the separating line between the two uses. Commissioner Segall asked if a Conditional Use Permit existed to install the walkway and if there was a restaurants. mechanism to speed up the process in order to accommodate people going down from the hill to the Mr. Westman stated that he was not aware of any mechanism that would allow the City to pursue the property owners to install the walkway any sooner. He stated that staff could investigate the matter. when the golf course is built. If it is conditioned, when the golf course is built, then negotiating with the Mr. Wayne stated that the original permit needed to be researched for a time certain or if the condition is operator would be the other option. Commissioner Segall stated that he raised this issue because he wanted to make sure that the number of ADT off the hill, of people, going to restaurants was reduced and supporting pedestrian access to certain locations. Commissioner Nielsen asked the justification for changing from restaurant to rooms. Mr. Westman stated that the applicant could best answer the question. the proposed revisions have the following benefits: Mike Howes. Hofman Planning Associations, 5900 Pasteur Court - Suite 150, Carlsbad, CA, stated that a. Reduce parking demand b. Reduce traffic c. Significantly increase revenue generated to the City Mr. Howes stated that the project was a win-win situation for everyone involved. Tim Stripe, 5900 Pasteur Court - Suite 150, Carlsbad. CA, stated that over 300 proposals were sent to different restaurants throughout the country soliciting a restaurant to locate at the site. Only two responses were forthcoming. One respondent, Oscar’s, after studying the site declined the space. The larger chain restaurants cited not enough population within a certain radius that would make the restaurant operation successful. One of the conditions that the existing restaurant placed on our company. was that there not be another restaurant on the site. Therefore, additional hotel room units were viewed as a better use of the space for the City, our company and the community at-large. Commissioner Nielsen asked if the space encompassed the coffee shop and restaurant, Mr. Stripe stated the there were a few mistakes in the original concept of the project: 1. Did not research who would utilize the restaurant 2. Meeting space was located upstairs. 44 PLANNING COMMISSION April 5. 2000 Page 7 Mr. Strip explained that research regarding what needs to be in a meeting space, determined that higher ceilings were needed, hence the meeting space had to be moved to the first floor. In looking at what the area could support in terms of restaurants, it was concluded that the site could only support one restaurant. Chairperson Compas opened public testimony. Seeing no one wishing to testify, public testimony was closed. Chairperson Compas called for a Motion. ACTION: Motion by Commissioner Segall. and duly seconded, that the Planning Commission adopt, Planning Commission Resolutions No. 4732 and 4733 recommending approval of Site Development Plan Amendment SDP 96-01(A) and Coastal Development Permit Amendment CDP 96-02(A) based on the findings and subject to the conditions contained therein. VOTE ON MOTION: VOTE: 5-0-0 AYES: Compas, Trigas, Nielsen, L'Heureux, Segall ABSTAIN: NOES: None None 45