HomeMy WebLinkAbout2004-07-20; City Council; 17713; Seashore on the SandCITY OF CARLSBAD -AGENDA BILL
TITLE:
SEASHORE ON THE SAND
CUP 02-30
Project Applications
CT 02-26
CUP 02-30
CDP 02-52
DEPT. HD.
CITY ATTY.
my MGSS
Ad mi n istra tive Reviewed by and
Approvals Final at Planning Final at Council
Commission
To be reviewed -
X
X
X
RECOMMENDED ACTION:
That the City Council ADOPT Resolution No. 2004-237 , APPROVING Conditional Use
Permit (CUP 02-30) as recommended for adoption and approval by the Planning Commission.
ITEM EXPLANATION:
On June 2, 2004, and June 16, 2004, the Planning Commission conducted public hearings for this
project. Since the project is for the conversion of a hotel into timeshare units, the Planning
Commission has made a recommendation to the City Council for its action. The review and approval
of the Tentative Map and Coastal Development Permit is final at the Planning Commission level.
Pursuant to Section 21.42.010(ix) of the CMC, CUP for timeshares shall be set for public hearing
before the City Council subsequent to the Planning Commission’s decision. The subject site is also
within the appeal jurisdiction of the California Coastal Commission.
The application is for the conversion of an existing apartment building, used as a hotel since 1986,
into timeshare units. The subject building was built in 1969 as an apartment complex with nine on-
site parking spaces. The building was later converted into a 12-unit hotel in 1986 and is still
operating as a hotel. The applicant is now requesting approval to convert the subject building into 9
timeshare units by converting units on the lower level into a common recreation room and altering
interior walls on upper levels. There are only minor changes proposed to the exterior of the building.
Pursuant to Section 21.44.020 of the CMC, timeshare units shall provide 1.2 parking spaces per unit.
However Section 21.42.010(1O)(A)(i)(l) of the CMC states that the City Council may reduce the
required parking down to 1.0 parking space per unit. The applicant is requesting this reduced
parking standard.
The proposed project was presented to the Planning Commission as a public hearing item on June 2,
2004. Staff was recommending denial of the project. After hearing public testimony and based on
the evidence presented at the hearing, the Commission directed staff to prepare findings and
conditions for the approval of the project and return to the Commission on June 16, 2004.
At the second public hearing, conducted on June 16, 2004, the Planning Commission discussed the
merits of the application, and voted 5-0 (Whitton and Dominguez Absent) to recommend approval of
the project to the City Council.
A full disclosure of the Planning Commission’s discussion is in the attached minutes. A complete
description and staff analysis of the project is in the attached report to the Planning Commission.
...
...
PAGE 2 OF AGENDA BILL NO. 17 9 713
ENVIRONMENTAL:
The proposed project has been reviewed pursuant to the California Environmental Quality Act
(CEQA). The Planning Director has determined that the project belongs to a class of projects that
the State Secretary for Resources has found do not have a significant impact on the environment,
and it is therefore categorically exempt from the requirement for the preparation of environmental
documents pursuant to Section 15332, in-fill development projects. In making this determination, the
Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA
Guidelines do not apply to this project.
FISCAL IMPACT:
No fiscal impacts have been identified.
EXHIBITS:
1. City Council Resolution No. XK”V+7
2. Location Map
3.
4.
5.
Planning Commission Resolution No. 5632
Planning Commission Staff Reports, dated June 2 and June 16,2004
Draft Excerpts of Planning Commission Minutes, dated June 2 and June 16, 2004.
DEPARTMENT CONTACT: Saima Qureshy, (760) 602-4619, squre@ci.carlsbad.ca.us
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 2004-237
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE
EXISTING HOTEL INTO 7 TIMESHARE UNITS ON PROPERTY
GENERALLY LOCATED AT 2805 OCEAN STREET WITHIN
LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: SEASHORE ON THE SAND
PERMIT (CUP 02-30) TO ALLOW THE CONVERSION OF AN
CASE NO.: CUP 02-30
The City Council of the City of Carlsbad, California, does hereby resolve as
follows:
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on June 2, 2004 and June 16, 2004, hold duly noticed public hearings as
prescribed by law to consider a Conditional Use Permit (CUP 02-30); and
WHEREAS, the City Council of the City of Carlsbad, on the 20th day of
Julv , 2004, held a duly noticed public hearing to consider the Conditional Use
Permit (CUP 02-30), and at the time received recommendations, objections, protests,
comments of all persons interested in or opposed to CUP 02-30; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the recommendation of the Planning Commission for the approval of
Conditional Use Permit (CUP 02-30) is approved by the City Council with this amendment that
the approval is for a maximum of 7 timeshare units and the applicant shall submit revised plans
reflecting this change, subject to Planning Director’s approval and that the findings and
conditions of the Planning Commission contained in Planning Commission Resolution No.
5632, on file with the City Clerk and made a part hereof by reference, are the findings and
conditions of the City Council, except as modified herein.
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
Chapter I .16. Any petition or other paper seeking review must be filed in
the appropriate court not later than the nineteenth day following the date
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
1 4
19
20
21
22
23
24
25
26
27
28
on which this decision becomes final; however, if within ten days after the
decision becomes final a request for the record of the deposit in an
amount sufficient to cover the estimated cost or preparation of such
record, the time within which such petition may be filed in court is
extended to not later 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, CA. 92008.”
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 20th day of Julv , 2004, by the
following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard
-2-
EXHIBIT 2
SITE
SEASHORE ON THE SAND
CUP 02-30
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
EXHIBIT 3
PLANNING COMMISSION RESOLUTION NO. 5632
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
ALLOW THE CONVERSION OF AN EXISTING HOTEL INTO
9 TIMESHARE UNITS ON PROPERTY GENERALLY
LOCATED AT 2805 OCEAN STREET WITHIN LOCAL
FACILITIES MANAGEMENT ZONE 1.
CASE NAME: SEASHORE ON THE SAND
APPROVAL OF CONDITIONAL USE PERMIT CUP 02-30 TO
CASE NO.: CUP 02-30
WHEREAS, Norine Sigafoose, “Owner/Developer,” has filed a verified
application with the City of Carlsbad regarding property described as
Lots 47 and 48 and the northerly 10.00 feet of Lot 49, in Block
“A” of the Hayes Land Company Addition to Carlsbad, Map
No. 2, in the City of Carlsbad, County of San Diego, State of
California, according to map thereof No. 1221, filed in the
office of the County Recorder of San Diego County, November
4,1909
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit as shown on Exhibits “A” - “G” dated June 2, 2004, on file in the Planning Department
SEASHORE ON THE SAND - CUP 02-30, as provided by Chapter 21.42 and 21.50 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 16th day of June 2004, 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 persons desiring to be heard, said Commission considered all factors
relating to the Conditional Use Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
B That based on the evidence presented at the public hearing. the Commission
30, based on the following findings and subject to the following conditions:
RECOMMENDS APPROVAL OF SEASHORE ON THE SAND - CUP 02-
Findings:
1.
2.
3.
4.
5.
6.
That the requested use is necessary or desirable for the development of the community, is
essentially in harmony with the various elements and objectives of the General Plan, and
is not detrimental to existing uses specifically permitted in the zone in which the
proposed use is located, in that the subject building is existing and there are minimal
changes proposed to the exterior of the structure. The proposed conversion of hotel
use to timeshares will not result in any physical or operational changes for the use.
Furthermore the proposed change of use will be consistent with the R-3 zoning of
the subject site. The existing hotel use is legal non-conforming because hotels are
not permitted uses in the R-3 zone.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the proposed project is a request to change the use of an existing hotel into
timeshare units. There are minimal changes proposed to the exterior of ,the
building. The proposed project will reduce the number of units from 12 hotel rooms
to 9 timeshare units. This reduced number of units will decrease demand on on-site
parking spaces and intensity of use.
That all the yards, setbacks, walls, fences, landscaping, and other features necessary to
adjust the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that the proposed project is a request to change the use of
an existing building. There are minimal changes proposed to the exterior of the
building. All the yards, setbacks and walls are existing. There were three variances
granted with the subject building’s original approval in 1969 to reduce the front
and two side yard setbacks.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the subject site is served by Ocean Street and
the proposed change of use from a hotel into timeshares will not cause additional
traffic to be generated.
The Planning Commission finds 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
proposed project is located adjacent to the beach and since there will be no
substantial changes to the operation of the facility, there will be no impacts to
existing and future land uses in the surrounding neighborhood.
The Planning Commission finds that the project, as conditioned herein, is in
conformance with the City’s General Plan in that the proposed change of use of an
existing hotel into timeshares is consistent with the land use designation of
Residential High Density.
-2- 7 PC RES0 NO. 5632
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
7. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 1 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
8. That the Planning Director has determined that the project belongs to a class of projects
that the State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15332, in-fill development
projects. In making this determination, the Planning Director has found that the
exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this
project.
9. 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 approval of a
final map or building permit, whichever occurs first.
1. If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further,condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; 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 Conditional Use Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Conditional Use Permit 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.
3. The Developer shall comply with all applicable provisions of federal, state, and local laws
and regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
challenged, this approval shall be suspended as provided in Government Code Section
-3- 8 PC RES0 NO. 5632
1
?
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5.
6.
7.
8.
9.
10.
11.
12.
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 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 Conditional Use 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. This obligation survives until
all legal proceedings have been concluded and continues even if the City’s approval is not
validated.
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.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 1 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
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 shall become null and void if building permits are not issued for this
project within 24 months from the date of project approval.
This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis
to determine if all conditions of this permit have been met and that the use does not have
a substantial negative effect on surrounding properties or the public health and welfare. If
the Planning Director determines that the use has such substantial negative effects, the
Planning Director shall recommend that the PIanning Commission, after providing the
permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
substantial negative effects.
This permit may be revoked at any time after a public hearing, if it is found that the use
has a substantial detrimental effect on surrounding land uses and the public’s health and
welfare, or the conditions imposed herein have not been met.
Prior to the issuance of the building 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
-4- 9 PC RES0 NO. 5632
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
of the Planning Director, notifying all interested parties and successors in interest that the
City of Carlsbad has issued a Conditional Use Permit by Resolution No. 5632 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.
13. This approval is granted subject to the approval of CT 02-26 and CDP 02-52 and is
subject to all conditions contained in Planning Commission Resolution No. 5631 and
5633 for those other approval incorporated herein by reference.
14. Pursuant to section 21.42.010(10)(ii) of the Carlsbad Municipal Code the timeshare
units in this project shall be converted to condominiums if they cannot be
successfully marketed as a timeshare project.
15. The management and maintenance plan submitted by the Developer titled
"Management Plan for Seashore on the Sand" attached to this resolution is
approved and made a part of the permit for the project.
En Pineering:
Unless specifically stated in the condition, all of the following conditions, upon the approval of
this proposed tentative map, must be met prior to approval of a final map.
General
16. Prior to recordation of a final map, 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.
17. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other
recorded document, for maintaining the private easements within the subdivision and all
the private improvements: common sewer and water laterals, streets, sidewalks, street
lights, and storm drain facilities located therein and to distribute the costs of such
maintenance in an equitable manner among the owners of the properties within the
subdivision.
18. There shall be one Final Map recorded for this project.
FeedAereemen ts
19. Developer shall cause property owner to enter into a Neighborhood Improvement
Agreement with the City for the future public improvement of Ocean Street the
subdivision frontage for a half street width of 25 feet plus any necessary transitions.
Public improvements shall include but are not limited to paving, base, sidewalks, curbs
and gutters, medians, grading, undergrounding or relocation of utilities, sewer, water,
PC RES0 NO. 5632 -5- lo
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
street lights, fire hydrants, and reclaimed water.
20. Developer shall cause Owner to give written consent to the City Engineer to the
annexation of the area shown within the boundaries of the subdivision into the existing
City of Carlsbad Street Lighting and Landscaping District No. 1 and/or to the formation
or annexation into an additional Street Lighting and Landscaping District. Said
written consent shall be on a form provided by the City Engineer.
Dedications/Improvemen ts
21. Ocean Street shall be dedicated by Owner along the project frontage based on a center
line to right-of-way width of 25 feet and in conformance with City of Carlsbad Standards.
22. Developer shall execute and record a City standard Subdivision Improvement Agreement
to install and secure with appropriate security as provided by law, public improvements
shown on the Tentative Map and the following improvements including, but not limited
to paving, base, signing, sidewalks, curbs and gutters, medians, grading, undergrounding
or relocation of utilities, sewer, water, retaining walls, and reclaimed water, to City
Standards to the satisfaction of the City Engineer. The improvements are:
a)
b)
c)
Removal and replacement of any damaged curb, gutter, sidewalk, or
pavement along the project frontage.
Relocation/undergrounding of the existing water appurtenances.
Modification of the existing warped pavement section and step along
and adjacent to the sidewalk on the northerly portion of the site.
A list of the above shall be placed on an additional map sheet on the Final Map per the
provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above
shall be constructed within 18 months of approval of the subdivision or development
improvement agreement or such other time as provided in said agreement.
23. Developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System (NPDES) permit. Developer shall provide improvements constructed
pursuant to best management practices as referenced in the "California Storm Water Best
Management Practices Handbook" to reduce surface pollutants to an acceptable level
prior to discharge to sensitive areas. Plans for such improvements shall be submitted to
and subject to the approval of the City Engineer. Said plans shall include but not be
limited to notifying prospective owners and tenants of the following:
A. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
PC RES0 NO. 5632 -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
Federal, State, County and City requirements as prescribed in their respective
containers.
C. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
Code Reminders:
24. The tentative map shall expire twenty-four (24) months from the date this tentative map
approval becomes final.
25. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 16th day of June 2004, by the
following vote, to wit:
AYES: Chairperson White, Commissioners Baker, Heineman,
Montgomery and Segall
NOES: None
ABSENT: Commissioners Dominguez and Whitton
ABSTAIN: None
MELISSA WHITE, Chairperson
CAIUSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLZMILL%R
Planning Director
PC RES0 NO. 5632 -7-
EXHIBIT 4
The City of Carlsbad Planning Department
A REPORT TO THE PLANNING COMMISSION
Item No. @
Application complete date: March 1, 2004
Project Planner: Saima Qureshy
Project Engineer:
P.C. AGENDA OF: June 2,2004
SUBJECT: CT 02-26/CUP 02-30/CDP 02-52 - SEASHORE ON THE SAND - Request for
a Tentative Tract Map, Conditional Use Permit and a Coastal Development
Permit to allow the conversion of an existing 12 unit hotel into 9 timeshare units
on property generally located at 2805 Ocean Street in Local Facilities
Management Zone 1.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolutions No. 563 1 , 5632 and
5633 DENYING Carlsbad Tract CT 02-26 and Coastal Development Permit CDP 02-52 and
RECOMMENDING DENIAL of Conditional Use Permit CUP 02-30, based on the findings
contained therein.
11. INTRODUCTION
The application is for the conversion of an existing apartment building, used as a hotel since
1986, into timeshare units. The subject building was built in 1969 as a 9-unit apartment complex
with nine on-site parking spaces. The building was later converted into a 12-unit hotel in 1986
and is still operating as a hotel. The applicant now wants to convert the subject building into 9
timeshare units by converting units on the lower level into a common recreation room and
altering interior walls on the upper levels. An elevator is proposed to be added to the project and
a parking stall is proposed to be modified to be handicap accessible. There are no other changes
proposed to the exterior of the building. Issues related to the project include insufficient on-site
parking spaces and impacts on beach accessibility. Staff feels that the findings for approval
cannot be made and therefore, is recommending denial of the project. The subject site is also
within the appeal jurisdiction of the California Coastal Commission.
111. PROJECT DESCRIPTION AND BACKGROUND
Background: The subject site is currently developed as a four-level building, which was
approved as an apartment complex in 1969. With that approval, variances were granted to
reduce the front yard setback from 20 feet to 5 feet, the northerly side yard setback to 3 feet and
the southerly side yard setback to 4 feet. There are nine on-site parking spaces located in garage
structures. Five spaces are located on the street level and are accessible directly from the street,
and 4 spaces are at the lower level, accessible by a ramp from the street to the lower level. The
upper 5-space garage structure is connected to the main building through a walkway on the street
level. The east elevation of the building, which is visible from Ocean Street, is a lo’ high garage
building. The west elevation, which is visible from the beach, is comprised of four stories and is
CT 02-26/CUP 02-30ICDP 02-52 - SEASHORE ON THE SAND
June 2,2004
Existing
Level I 3 studio units
Page 2
After Conversion
One bedroom unit, common recreation
40 feet in height. In 1986, the apartment building was converted into a hotel. The subject site is
zoned R-3 and hotels were allowed uses in the R-3 zone in 1986. According to current R-3 zone
standards, hotels are not permitted uses and therefore, the existing use is considered a legal, non-
confoming use.
Level 2
Level 3
Level 4
Project Description: The applicant is proposing to convert the subject building into 9 timeshare
units. The following table describes the conversion plan in detail:
room (Total Units - 1)
Two, 2 bedroom units; one, 1 bedroom Two, 2 bedroom units; one, 1 bedroom
unit (Total 3 units) unit (Total units - 3)
Two, 2 bedroom units; one, 1 bedroom Two, 2 bedroom units; one, 1 bedroom
unit (Total 3 units) unit (Total units - 3)
Two, 2 bedroom units; one, 1 bedroom Two, 3 bedroom units (Total units - 2)
unit (Total 3 units)
An elevator is proposed to be added to the project and a parking stall is proposed to be modified
to be handicap accessible. There are no other changes proposed to the exterior of the building.
The proposed project is subject to R-3 zoning standards, General Plan designation of RH, Mello
I1 Segment of the Local Coastal Program, Beach Area Overlay Zone (BAOZ), Coastal Resources
Protection Overlay Zone and Coastal Shoreline Development Overlay Zone. The subject site is
also within the appeal jurisdiction of the California Coastal Commission.
Pursuant to Section 21.44.020 of the Carlsbad Municipal Code (CMC), timeshare units shall
provide 1.2 parking spaces per unit. Therefore this project should provide 11 on-site parking
spaces for 9 timeshare units. However, the applicant is requesting a reduction in parking from
1.2 to 1 .O parking spaces per unit. The CMC has a provision, which states that the City Council
may reduce the required parking down to one parking space per unit. The applicant’s requested
reduction to one space per unit would result in 9 required on-site parking spaces.
Staff is not supportive of a parking reduction because of the following reasons:
1. The intent of requiring 1.2 parking spaces for timeshare units and also for hotel/motel
units is to provide parking spaces not only for the guests but also for employees of the
facility. There are no other parking spaces available on the subject site for employees to
park. In addition, since the project has two- and three-bedroom units, which can
accommodate up to 6 adults, there is an increased possibility that guests staying in the
three bedroom units will arrive in more than one car. If the project is approved with one
space per unit, there will be inadequate parking available for employees and for guests
arriving in more than one car per unit. This in turn will force them to park on the street
and thereby impact the availability of public on-street parking.
2. The subject site is located within the Beach Area Overlay Zone (BAOZ), which has
special parking requirements due to the shortage of on-street parking spaces. Proximity
CT 02-26/CUP 02-30/CDP 02-52 - SEASHORE ON THE SAND
June 2,2004
3.
IV.
to the beach is the main reason for the scarcity of on street parking, especially during the
summer months when demand is exceptionally high. Staff is not supportive of a project
which has less than the required parking spaces on-site and which will result in creating
more parking demand on a limited amount of available public spaces on the nearby
streets.
The subject site is located within the appeal jurisdiction of the California Coastal
Commission and the project can be appealed by the Coastal Commission if it is not
consistent with the adopted Local Coastal Program. Conversion of a hotel building into
timeshare units restricts the use of these units to only owners of timeshare units as
compared to hotel units which are readily available to the general public. Public access to
the beach area is also a major concern for the Coastal Commission and this project will
result in restricting the access to only timeshare owners. Coastal Commission staff has
indicated that timeshare units are not considered high priority uses because they restrict
access to the general public. In addition since the project has less than the required
amount of on-site parking, it will have a negative impact on beach accessibility by
creating more demand on the current limited availability of on-street public parking.
ANALYSIS
The proposed project is subject to the following plans, ordinances and standards:
A.
B.
C.
D.
Multiple-Family Residential (R-3) Zone and Conditional Use Permit Regulations (CMC
Chapter 2 1.42);
Beach Area Overlay Zone (CMC Chapters 2 1.82);
Coastal Development regulations for the Coastal Shoreline Development Overlay Zone
(CMC Chapters 21.201, 21.203 and 21.204); and
Growth Management Regulations (CMC Chapter 2 1.90).
The recommendation for denial of this project was developed by analyzing the project’s
consistency with the applicable regulations and policies. The reasons for recommending denial
of the project are discussed in detail in the sections below.
A. Multiple-Family Residential (R-3) Zoning and Conditional Use Permit Regulations
The subject site is zoned R-3 - Multiple Family Residential. Approval of a Conditional Use
Permit (CUP) is required to allow timeshares in this zone. The existing building was approved in
1969 with variances to reduce the front yard setback from 20’ to 5’, the northerly side yard
setback to 3’ and the southerly side yard setback to 4’. The existing hotel is now considered a
legal, non-conforming use because hotels are not permitted uses in the R-3 zone. The R-3 zone
allowed hotels as permitted uses in 1986 when this building was converted. The existing hotel
use does not meet current parking standards.
Pursuant to Section 21.42.010 of the CMC, timeshare projects shall require a CUP. Uses subject
to CUPS are declared to possess characteristics of such unique and special form as to make
impracticable their being included automatically in any land use class. In granting a CUP, certain
CT 02-26/CUP 02-30/CDP 02-52 - SEASHORE ON THE SAND
June 2,2004
Page - 4
safeguards to protect the health, safety and general welfare of the public may be required as
conditions of approval. In addition, CUPS may only be granted when the appropriate findings of
fact can be made. Staff feels that the required findings to recommend approval of the project
cannot be made. These findings and reasons for recommending denial are as follows:
1. That the requested use is necessary or desirable for the development of the
community, is essentially in harmony with the various elements and objectives of
the General Plan, and is not detrimental to existing uses specifically permitted in
the zone in which the proposed use is located.
The subject building is existing and there are minimal changes proposed to the exterior of the
structure. The change of use to timeshare will result in inadequate parking as required by the
Zoning Ordinance. The Zoning Ordinance implements the General Plan.
2. That the site for the intended use is adequate in size and shape to accommodate
the use.
The proposed project is a change in use of an existing building. There are minimal changes
proposed to the exterior of the building. The new use of timeshare units requires 11 parking
spaces. However, the proposed project has only 9 existing onsite parking spaces. The subject
site is not adequate in size to accommodate 2 additional parking spaces. Staff is not supportive
of the project due to inadequate onsite parking. If the project is approved with 9 parking spaces
for 9 timeshare units, there will be no parking for employees of the facility. In addition, since the
project has two- and three-bedroom units, which can accommodate up to 6 adults, there is a high
possibility that guests staying in the larger units will arrive in more than one car. This will cause
more demand on the current limited availability of on-street public parking in the Beach Area
Overlay Zone.
3. That all the yards, setbacks, walls, fences, landscaping, and other features
necessary to adjust the requested use to existing or permitted future uses in the
neighborhood will be provided and maintained.
The proposed project is a request to change the use of an existing building. There are minimal
changes proposed to the exterior of the building. All the yards, setbacks and walls are existing.
There' were three variances granted for the subject building to reduce the front and two side yard
setbacks. The project is proposed with less than the required amount of parking, and reduced
setbacks make it infeasible to provide for additional parking on the subject site.
B. Beach Area Overlay Zone
The intent and purpose of the BAOZ is to supplement the underlying zoning by providing
additional regulations for development within designated beach areas to provide for adequate
parking as needed by residents and visitors of the proposed projects. In addition to resident
parking, residential projects are required to provide for visitor parking spaces on-site. Beach
areas experience an exceptionally high demand for on-street public parking due to beach
proximity. The intent of the BAOZ regulations is to maintain availability of on-street public
CT 02-26/CUP 02-30/CDP 02-52 - SEASHORE ON THE SAND
June 2,2004
Pa.ge 5
parking spaces and minimize parking scarcity by establishing rigorous onsite resident and visitor
parking requirements.
As proposed, the project is providing less than the required number of onsite parking spaces and
is therefore not consistent with the intent of the BAOZ. If approved, the project will negatively
impact beach access by increasing the demand on the limited number of available on-street
public parking spaces in the vicinity of the project.
C. Coastal Development Regulations
The project site is located within the appeal area of the Coastal Zone and within the Mello I1
Segment of the Local Coastal Program. The site is also located within the Coastal Resource
Protection Overlay Zone (Chapter 2 1.203) and the Coastal Shoreline Development Overlay Zone
(Chapter 21.204) of the Carlsbad Municipal Code.
Conformance with public access and recreation policies of Chapter 3 of the Coastal Act
The conversion of a hotel into timeshare units is not consistent with Section 21.201.1 10 of the
CMC which states that “No approval or conditional approval shall be given unless the Planning
Commission finds that the development is consistent with the provisions of the local coastal
program for the coastal zone and the development is in conformity with the public access and
public recreation policies of Chapter 3 of the California Coastal Act.”
Chapter 3 of the Coastal Act states, “developments providing public recreational opportunities
are preferred” and “lower cost visitor and recreational facilities shall be protected, encouraged,
and, where feasible, provided.” The proposed conversion to timeshare units will restrict access
to the units to only timeshare owners as compared to a hotel, which is easily accessible to the
general public. This proposed restricted access to the timeshare units is therefore not consistent
with the Coastal Act.
Coastal Resource Protection Overlay Zone
The subject site is located within the Coastal Resource Protection Overlay Zone. However, since
the site is developed and there is no native vegetation, additional submittals, standards or
requirements do not apply. No changes are proposed to the exterior of the building which will
impact adherence to the City’s Master Drainage Plan, Grading Ordinance, Storm Water
Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban
Runoff Management Program (JURMP) to avoid increased urban run off, pollutants and soil
erosion.
Coastal Shoreline Development Overlay Zone
The subject building is existing and the proposed change of use to timeshares will have no
impacts on lateral beach access, geologic conditions, ocean views and grading.
CT 02-26iCUP 02-30ICDP 02-52 - SEASHORE ON THE SAND
June 2,2004
Page 6
D. Growth Management
The proposed project is located within Local Facilities Management Zone 1 in the Northwest
quadrant of the City. The conversion of the hotel to a timeshare project will not result in
increased public facilities demands; therefore, the proposal will not exceed perfomiance
standards for public facilities.
V. ENVIRONMENTAL REVIEW
The Planning Director has determined that the project belongs to a class of projects that the State
Secretary for Resources has found to be a statutory exemption from the requirement for the
preparation of environmental documents pursuant to Section 15270 - Projects Which are
Disapproved, of the state CEQA Guidelines.
ATTACHMENTS :
1.
2.
3.
4.
5.
6.
7.
8.
Planning Commission Resolution No. 5631 (CT)
Planning Commission Resolution No. 5632 (CUP)
Planning Commission Resolution No. 5633 (CDP)
Location Map
Background Data Sheet
Disclosure Statement
Reduced Exhibits
Exhibits “A” - “G” dated June 2,2004
BACKGROUND DATA SHEET
CASE NO: CT 02-26/CUP 02-30/CDP 02-52
CASE NAME: SEASHORE ON THE SAND
A4PPLICANT: NORJNE SIGAFOOSE
REQUEST AND LOCATION: Tentative Tract Map, Conditional Use Perniit and Coastal
Development Permit to allow the conversion of an existing hotel into 9 timeshare units on
property .generally located at 2805 Ocean Street, within Local Facilities Management Zone 1.
LEGAL DESCRIPTION: Lots 47 and 48 and the northerly 10.00 feet of Lot 49, in Block
“A” of the Hayes Land Company Addition to Carlsbad, Map No. 2, in the City of Carlsbad,
County of San Diego, State of California, according to map thereof No. 122 1, filed in the office
of the County Recorder of San Diego County, November 4, 1909.
APN: 203-235-04 Acres: 0.19 Proposed No. of Lots/Units: 9 airspace timeshare units
GENERAL PLAN AND ZONING
Land Use Designation: RH
Density Allowed: 19 unitslacre
Existing Zone: R-3
Surrounding Zoning, General Plan and Land Use:
Density Proposed: N/A
Proposed Zone: N/A
Zoning
Site R-3
North R-3
South R-3
East R-3
West Pacific Ocean
General Plan Current Land Use
RH Hotel
RH Hotel
RH
RMH
Pacific Ocean Pacific Ocean
Carlsbad by the Sea Retirement Home
Carlsbad by the Sea Retirement Home
PUBLIC FACILITIES
School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad
Equivalent Dwelling Units (Sewer Capacity):
ENVIRONMENTAL IMPACT ASSESSMENT
Negative Declaration, issued
0 Certified Environmental Impact Report, dated
Other, Statutory Exempt pursuant to Section 15270 of CEOA guidelines
- City of Carlsbad
DISCLOSURE STATEMENT
Applicant’s statement or disclosure of certain ownershp mterests on all applications which w11 require
discretionary action on the part of the City Council or any appointed Board, Commission or Committee.
The following information MUST be disclosed at the time of application submittal. Your project cannot
be reviewed until this information is completed. Please print.
Note:
Person is defmed as “Any individual, firm, co-partnership, joint venture, association, social club. fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city
municipality, district or other political subdivision or any other group or combination acting as a unit.”
Agents may sign this document; however, the legal name and entity of the applicant and property owner must be
provided below.
1. 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 cornoration or uartnershiu, include the
names, title, addresses of all individuals owning more than 10% of the shares. IF NO
APPLICABLE (WA) IN THE SPACE BELOW If a publiclv-owned cornoration, include the
names, titles, and addresses of the corporate officers. (A separate page may be attached if
necessary.)
Person IJ E- 5 1 14 FOO 5~ CorpRart -
INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-
Title OW PEL Title
2. OWNER (Not the owner’s agent)
Provide the COMPLETE, LEGAL names and addresses of persons having any ownership
interest in the property involved. Also, provide the nature of the legal ownership (].e,
partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a
cornoration or uartnershb, 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 (N/A) M THE SPACE BELOW. If a publiclv-
owned cornoration, include the names, titles, and addresses of the corporate officers. (A separate
page may be attached if necessary.)
Person SAME CorpRart -
Title Title
Address Address
1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 - FAX (760) 602-8559 www.ci.carlsbad.ca.us @
3. NON-PROFIT 0. ANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonmofit organizabon or a trust. hst the.
names and addresses of ANY person serving as an officer or director of the non-profit -
organization or as trustee or beneficiary of the.
Non Profiflrust Non ProfivTrust
Title Title
Address Address
4. Have you had more than $250 worth of business transacted with any member of City staff.
Boards, Commissions, Committees and/or Council within the past twelve (12) months? 0 Yes 4 No If yes, please indicate person(s):
NOTE: Attach additional sheets if necessary.
ve information is true and correct to the best of my knowledge.
54ME
Signature of applicantldate
~0QIb.s 5\4AFO&fz-
Print or type name of owner Pnnt or type name of applicant
Signature of owner/applicant 's&ent if applicable/date
1QOSEfq- c - LADWL6) Glp, LWLULI, QES-1Lu cm4, 'tJC
Print or type name of owner/applicant's agent
H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 a
e
5 E- gg
-
1-
i
~
1
i j
I I
5-
1 f
-f .~ i I! I t
ils /I
-7
c --
,-
I
'i
I
SllVM
a W 5 a
X w
c
-
:/
i
I
I
-1 i
P.
I
! I I ---
'I
L-
, /.
t--_ I r---
a i
P
E f
g
2
-
f I
-I W
c
-I
W n
H 2 P
I
*: ..
L- i? ai t "I
--I
c
Y m
3
I c e
a37
.. -
, -. j --
The City of Carlsbad Planning Department
A REPORT TO THE PLANNING COMMISSION
P.C. AGENDA OF: June 16,2004
Application complete date: March 1.2004
Project Planner: Saima Qureshy
Project Engineer: John Maashoff
SUBJECT: CT 02-26jCUP 02-30KDP 02-52 - SEASHORE ON THE SAND - Request for
a Tentative Tract Map, Conditional Use Permit and a Coastal Development
Permit to allow the conversion of an existing 12 unit hotel into 9 timeshare units
on property generally located at 2805 Ocean Street in Local Facilities
Management Zone 1.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolutions No. 563 1, 5632 and
5633 APPROVING Carlsbad Tract CT 02-26 and Coastal Development Permit CDP 02-52 and
RECOMMENDING APPROVAL of Conditional Use Permit CUP 02-30, based on the
findings contained therein.
11. INTRODUCTION
The proposed project was presented to the Planning Commission as a public hearing item on
June 2,2004. Staff was recommending denial of the project. After hearing public testimony and
based on the evidence presented at the hearing, the Commission directed staff to prepare findings
and conditions for the approval of the project and return to the Commission on June 16, 2004.
Attached to this report are Resolutions of Approval for the project.
Pursuant to Section 21.42.010(ix) of the CMC, this project will be set for public hearing before
the City Council subsequent to Planning Commission’s decision. The decision of the City
Council is final for approval or denial of the project and also for reducing the required resident
parking to one parking space per unit.
ATTACHMENTS:
1.
2.
3.
4. Management Plan
Planning Commission Resolution No. 563 1 (CT)
Planning Commission Resolution No. 5632 (CUP)
Planning Commission Resolution No. 5633 (CDP)
SQ:mh
MANAGEMENT PLAN FOR
SEASHORE ON THE SAND
GENERAL DUTIES
Management shall be the administration of the Vacation Ownership program, operation,
maintenance, repair and restoration of the Project and any alterations and additions thereto shall be the
responsibility of the Association.
SPECIFIC DUTIES OF THE MANAGEMENT
The management, maintenance and repair of the Project, the acquisition by purchase or lease, maintenance,
repair, replacement of the Common Furnishings, the administration of the affairs of Owners, the use and
occupancy of the Units and payment, as agent, of expenses and costs enumerated herein, shall be under the
direction and control of the association. The Association shall have the duty to maintain, repair and replace
Common Furnishings as needed, to administer the Vacation Ownership operation and to levy, collect and
enforce the Assessments and Personal Charges. The Association shall have the exclusive possession of
each unit during all Service Periods for the performance of maintenance and repairs on such Unit. The
Association shall annually compile a register of the names and addresses of each of the Owners. The
Association shall be authorized in its discretion and on behalf of the Owners to do any or all of the
following:
A. ReDair and Maintenance. Repair, maintain, repaint, furnish or refurnish the Project
and all parts thereof, establish reserves for anticipated costs, including the costs of acquisition and
replacement of Common Furnishings; acquire and pay for materials, supplies, fiuniture, furnishings, labor
and services which is necessary for the maintenance and operation of the Project.
B. Real Prouertv Taxes. Comply with the terms of the revenue and Taxation Code in
requesting that the San Diego County Assessor’s Office issue separate real property tax bill to the Owners.
The Association Board shall have the express authority to appear on behalf of the Association and its
Members with respect to any tax matter before any taxing authority.
C. Utilities. Obtain and pay the costs of electrical, telephone, gas , cable and any
other utility services necessary for the Project.
D. Rules and Kepulations. Adopt, amend, pubIish and enforce the RuIes and
Regulations relating to the possession, use and enjoyment of the Project.
E.
professional services necessary or proper in the maintenance and operation of the Project and the
enforcement of the Project Documents.
Professional Services. Obtain and pay the cost of legal, accounting and other
F. Insurance. Obtain, pay the cost of and at all times maintain in effect, insurance
covering the entire Project against loss or damage by fire and other hazards customarily covered by fire
insurance policies written with extended coverage and general comprehensive public liability insurance and
by other insurance, including, but not limited to, Workers’ Compensation Insurance.
G. Levv and Collection of Assessments. Levy, collect and enforce Assessments and
Personal Charges in order to pay the expenses &the Vacation Ownemhip operation and the fee ofthe
Manager and do all things necessary to enforce ach Owner’s obligations.
L’Y
3O Y LADW!G DESiGN GR
H. Financial Statements and Other Idormation. The following shall be regularly
prepared and distributed to all Owners by the Board or the Manager:
(I) A budget for each Fiscal year consisting of at least the following information shall be distributed not less than forty-five (45) days nor more than sixty (60) days prior to the
beginning of the Fiscal Year.
(a) Estimated revenue and expenses on an accrual basis;
(b) The amount of the total cash reserves available;
(c) An itemized estimate of the remaining life of and the methods of finding to defray repair, replacement or components of the Common Areas Common
Furnishings and other facilities for which the Association is responsible; and
calculation and establishment of reserves to defiay the cost of repair, replacement or additions to major
components of the Common areas, furnishings and facilities for which the Association is responsible.
(d) general statement setting forth the procedures used in the
(2) A report consisting of the following shall be distributed within one
hundred days after the close of the Fiscal Year;
(a) A balance sheet as of the last day of the fiscal year;
(b) An operating income statement for said fiscal year;
(c) A statement of changes in financial position for said
fiscal year;
numbers of the Board; and
(d) A list of names, mailing addresses and telephone
(e) Any information required to be reported.
I. Cleaning and Maid Service. Provide cleaning and maid service and maintenance
and repairs at the check-out of each Owner or permitted user of a Unit and during service periods so the
units are maintained in good order and repair.
J. Provide Linen Service. Obtain and pay for laundry service for the linens including
towels, bedding and other essential linens.
K. Other Necessarv Acts. Do a11 other things or acts deemed by the Association to be
necessary, desirable or appropriate for the operation and maintenance of the Project.
Planning Commission Minutes June 2,2004 ExET75
5. CT 02-26/CUP 02-30ICDP 02-52 - SEASHORE ON THE SAND - Request for a
Tentative Tract Map, Conditional Use Permit and a Coastal Development Permit to allow
the conversion of an existing 12 unit hotel into 9 timeshare units on property generally
located at 2805 Ocean Street in Local Facilities Management Zone 1.
Mr. Neu introduced Item 5 and stated Associate Planner Saima Qureshy would make the staff
presentation.
Chairperson White opened the Public Hearing on Item 5.
Ms. Qureshy stated the project is a request to allow the conversion of an existing 12 unit hotel into 9
timeshare units. The subject building was approved, along with 3 variances in 1969 as a 9-unit apartment
complex. In 1986, the apartment building was converted into a 12-unit hotel. In 1986, the zoning for the
subject site was R-3 which allowed hotels as a permitted use. The current R-3 zoning standards do not
allow hotels as a permitted use; therefore the site is legal, non-conforming. Based on the Zoning
Ordinance, timeshares are required to provide 1.2 parking spaceshnit, therefore the proposed
timeshares are required to provide 11 parking spaces. The applicant is requesting a reduction in the
parking allowance from 1.2 to 1 parking spaces per unit pursuant to the CUP section of the Zoning
Ordinance. This reduction will require only nine parking spaces for the project. Staff is not supportive of
this reduction and is recommending denial of the proposed project. Ms. Qureshy stated that the intent of
the 1.2 parking spaces per unit requirement for timeshares in the Zoning Ordinance is to not only provide
parking for the guests but also for employees of the facility. There are no other parking facilities available
on the subject site for employees to park. Also since the project has some two and three bedroom units
which can accommodate up to 6 adults, there is an increased possibility that guests staying in those units
will arrive in more than one car.
The subject site is also located within the Beach Area Overlay Zone which also has special parking
requirements due to the shortage of on-street parking. Staff is not supportive of a project which has less
than required parking which will result in creating an increased parking demand on a limited amount of
available parking on nearby streets.
The proposed conversion is also not consistent with Chapter 3 of the Coastal Act because it will prohibit
access to the units to only the timeshare owners as compared to a hotel which is easily accessible to the
general public. Public access to the beach is a major concern of the Coastal Commission, and because
the project is proposing less than the required parking, it will have a negative impact on beach
accessibility by creating an increased demand on the current on-street parking. Ms. Qureshy concluded
her presentation and stated she would be available to answer any questions.
Chairperson White asked if the Commission had any questions of staff.
Commissioner Baker inquired if the City still collects Transient Occupancy Tax on timeshare units. Ms.
Qureshy stated the City does not. Commissioner Baker also asked if the applicant would have the
opportunity to buy spaces in a City owned parking lot downtown. Ms. Qureshy stated she believed it is a
possibility only in the Redevelopment Zone but because this project is not located in the Redevelopment
Area, the option is not available to the applicant.
Commissioner Segall asked if there is currently inadequate parking for the existing hotel on the site. Ms.
Qureshy stated that the hotel has 12 units and only nine parking spaces so it has less than the required
amount of spaces. Commissioner Segall asked what could be done to make the project be conforming to
the current standards since it is now legal, non-conforming. Ms. Qureshy responded that this new
application is for a discretionary permit and to approve a new use with less than required parking would
be inconsistent with the Zoning Ordinance. Commissioner Segall further asked if there are any other timeshare units on Ocean Avenue or the general area. Ms. Qureshy stated she was not aware of any.
Commissioner Heineman commented that the Carlsbad Inn was right down the street.
Commissioner Segall commented that since there are other similar uses in the area, how did the Coastal
Commission approve those and not approve this project. Ms. Qureshy stated that if the other projects
3a
Planning Commission Minutes June 2,2004 Page 8
began as timeshares with adequate parking, it would most likely be approved by the Coastal
Commission. However the Coastal Commission looks at the existing supply of hotel rooms right near the
ocean and by converting these hotel rooms to timeshares, the hotel room inventory will decrease and will
introduce a more restrictive use of timeshares. Commissioner Segall asked if the project would have to
be approved by the Coastal Commission. Ms. Qureshy responded that the site is in the appealable area of the Coastal Zone, so if the City approves the project, the Coastal Commission could appeal it. She
further explained the Coastal Commission issues.
Assistant City Attorney Jane Mobaldi explained the City can collect the Transient Occupancy Tax on the
timeshare units if they are rented.
Commissioner Whitton asked how many employees will be working at this facility. Ms. Qureshy
responded that she did not have the exact number but the way the Zoning Ordinance considers these
projects for 1.2 parking spaces per unit is by taking into consideration that there will be employees at
these facilities. Commissioner Whitton asked if the existing hotel has adequate parking. Ms. Qureshy
stated that the hotels have the same parking requirement of 1.2 spaces per unit; however this existing
hotel has less than the required amount of on-site parking available.
Commissioner Heineman inquired about the Coastal Commission’s objection to timeshare units on the
beach. Ms. Qureshy quoted a section of Chapter 3 of the Coastal Act.
Mr. Neu stated that the Coastal Commission tends to make a distinction between a new project starting
out as timeshare units versus a hotel unit which is being converted. He stated the emphasis seems to be
on loosing units which are in the rental inventory.
Commissioner Montgomery asked if the City could make findings to satisfy the Coastal Commission
proposing that the owners of the timeshare units could rent out the units and thereby the units become
rentals again similar to a hotel unit. Ms. Qureshy stated that it would be up to the discretion of the
Commission if those arguments make a finding for approval.
Commissioner Dominguez commented he feels that the Coastal Commission findings are so that access
to the beach is not restricted to the general public.
Commissioner Segall asked for clarification on the existing hotel. Ms. Qureshy stated the project is currently 12 units with 9 parking spaces, and the proposed use is 9 units with 9 parking spaces.
Commissioner Baker asked if the five garages at street level and 4 garages down below are supposed to
be used as parking. Ms. Qureshy stated yes.
Commissioner Segall asked how many parking spaces would need to be proposed in order for the project
to be approved. Ms. Qureshy responded that 11 parking spaces would be needed.
Commissioner Dominguez asked if the project proposed 11 parking spaces, would the project still be
legal, non-conforming use. Ms. Qureshy responded that the new proposed project would become
conforming as a timeshare with 11 parking spaces.
Commissioner Segall inquired if the Commission approved the project with nine parking spaces, would it
then be a conforming use. Mr. Neu responded that it would become conforming because the use is
allowed through the Conditional Use Permit in that zone; however, there would still be the issue of the
Coastal Development Permit. If the Commission found the project to be consistent with the Coastal Act
and issued the Coastal Permit, then it would be up the Coastal Commission as to whether they appealed the decision or not. Commissioner Segall stated that based on the Carlsbad Municipal Code, the
Commission can approve the project for two less parking spaces than the required amount. Mr. Neu
stated that under the Conditional Use Permit section of the Carlsbad Municipal Code it allows a project to
go as low as one space per unit if it was found to be adequate; however, staff analysis of the project
stated that given the size of the proposed units and the current shortage of parking in the area, that would
not be appropriate.
33
Planning Commission Minutes June 2,2004 Page 9
Commissioner Whitton reiterated that the applicant did request to reduce the number of parking spaces
from 11 to nine, and if the project is approved as proposed, then use would then become a legal,
conforming use. He then stated that the only thing to deal with is the convoluted argument of the Coastal
Commission. Mr. Neu pointed out that through the granting of a Coastal Permit, the Planning
Commission, although they may not like the policy, are in the position of granting the permit and
implementing the City’s Local Coastal Program and the Coastal Act.
Chairperson White asked if the applicant wanted to make a presentation.
Bob Ladwig, from Ladwig Design, 703 Palomar Airport Road, Suite 300, Carlsbad, made a presentation
on behalf of the applicant. He read a letter which he handed out to the Planning Commission and made a part of the public record. He stated he feels there is an opportunity for the City to approve this project and
bring it up to conditions which are currently in the City codes. Mr. Ladwig concluded his presentation and
stated he would be available to answer any questions.
Commissioner Whitton inquired about the addition of a handicap parking space and if that would bring the
total number of available parking spaces to 10. Mr. Ladwig stated with the handicap parking space, the
total number of parking spaces is 9.
Commissioner Dominguez noted that the dates the Parking Study was completed were January 3th and
7th and inquired if that timeframe was really a representative period of time for that area or when the peak
demand for parking on Ocean Street is really at its critical stage. Mr. Ladwig responded that it was
representative of what happens in the summers; even though it was during the holiday season, the hotels
were full and the weather was really nice. Mr. Ladwig stated that there is a high turnover of parking
spaces at the beach because people don’t stay at the beach all day long in Carlsbad. Commissioner
Dominguez asked if the study would have been more representative had it been conducted during the
peak summer months. Mr. Ladwig stated that the traffic was as busy during the holidays as it is during
the summer.
Commissioner Baker inquired about the loss of the Transient Occupancy Tax to the City. She
commented that in the letter from Mr. Ladwig he stated he expects to sell out all the timeshares so then it
would be a loss to the City. Mr. Ladwig responded that even though the timeshares will be sold, most of
the units would be rented out which then will be subject to the Transient Occupancy Tax. Commissioner
Baker stated that if that is the case, then the property will continue to function in many ways as it currently
does. Mr. Ladwig stated the only change would be the form of the use from hotel to timeshare.
Commissioner Baker inquired as to the reason why the owner is requesting this change. Mr. Ladwig
stated the owner has her reasons and he did not ask her what those reasons are. Commissioner Baker
inquired as to why the garages are not currently being used for parking and she questioned if the garages
would be returned to parking. Mr. Ladwig stated the garages would be used for parking.
Commissioner Segall asked about the eight parking spaces with one space for handicapped parking. He stated that if the 8 spaces were taken, and no one qualified to use the handicap space, where would the
person park. Mr. Ladwig stated that most people renting the timeshares would use public transportation.
He also stated that the one employee will work part-time and takes the bus.
Chairperson White asked how many adults normally stay in a timeshare situation with three bedrooms
and if any market surveys have been done. Norine Sigafoose, the applicant, explained the occupancy of
the units and the parking situation. She also stated that currently two garages are used as storage, two
garages are used as parking on the lower level and two more are used for parking above.
Commissioner Segall asked if there are any other timeshares on Ocean Avenue that the applicant is
aware of. Ms. Sigafoose stated there are not.
Commissioner Whitton asked again for clarification on the number of parking spaces. Mr. Ladwig stated
there will be a total of 9 parking spaces including a handicap space.
Chairperson White opened Public Testimony.
Planning Commission Minutes June 2,2004 Page 10
Chairperson White asked if there were any one in the audience who wished to speak on the item. Seeing
none, she closed Public Testimony.
Chairperson White asked if any of the Commissioners had any final questions of staff.
DISCUSSION
Commissioner Whitton commented he would like to see the property converted to the timeshare.
Commissioner Heineman stated he favored the conversion and feels it would be good for the community.
Commissioner Dominguez gave his support of staffs recommendation of denying the project.
Commissioner Baker commented that she doesn’t see the conversion compounding the parking problem
because it has been a problem for some time. She stated she is more concerned about the potential loss
to the City of revenue from the Transient Occupancy Tax.
Commissioner Montgomery commented that he supports the conversion.
Commissioner Segall also gave his support of the project.
Chairperson White stated her support of the project and doesn’t see the parking situation as getting
worse. She doesn’t feel strongly about the Coastal Act and feels the property owners have the right to
make the most of their property.
MOTION
ACTION: Motion by Commissioner Whitton, and duly seconded, that the Planning Commission direct staff to return with findings and conditions of approval of
Carlsbad Tract CT 02-26, Conditional Use Permit CUP 02-30 and Coastal
Development Permit CDP 02-52.
White, Baker, Heineman, Montgomery, Segall and Whitton
VOTE: 6 -1
AYES:
NOES: Dominguez
35
Planning Commission Minutes June 16,2004 DRAFT Page2
1. CUP 99-30(A) - CANNON COURT - Request for an amendment to CUP 99-30 to allow
alcohol sales at the Westmart gas stationlmini-mart within the Cannon Court project
located on the northwest corner of Cannon Road and Interstate 5 at 4990 Avenida
Encinas, in the C-T-Q zone, the CommerciaINisitor Serving Overlay Zone, and Local
Facilities Management Zone 3.
2. CT 02-26/CUP 02-30/CDP 02-52 - SEASHORE ON THE SAND - Request for a
Tentative Tract Map, Conditional Use Permit and a Coastal Development Permit to allow
the conversion of an existing 12 unit hotel into 9 timeshare units on property generally
located at 2805 Ocean Street in Local Facilities Management Zone 1.
4. CUP 94-03x2 - HOLY CROSS EPISCOPAL CHURCH - Request for a five year
extension of CUP 94-03x1 to allow the continued operation of a church located in the
Palomar Airport Business Park at 6066 Corte Del Cedro in Local Facilities Management
Zone 5.
5. CDP 03-43 - DONAHUE RESIDENCE - Request for approval of a Coastal Development
Permit to allow the construction of a new single-family residence within the City's Coastal
Zone located along the east side of Surfside Lane south of Island Way within the La
Costa Downs subdivision (Specific Plan 201) within Local Facilities Management Zone
22.
6. CUP 04-10 - PALOMAR AIRPORT BUSINESS PARK - Request for a Conditional Use
Permit to allow the operation of a private school, Vitality College of Healing Arts, in a
1,417 square foot suite in an existing 54,160 square foot building, located at 6353 El
Camino Real within Local Facilities Management Zone 5.
7. PUD 02-11(B) - VILLAGES OF LA COSTA GREENS NEIGHBORHOOD 1.09
ARCHITECTURE - Request for a determination that the project is within the scope of the
previously certified Villages of La Costa Program EIR and that the Program EIR
adequately describes the activity for the purposes of CEQA; and a recommendation of
approval for a Planned Unit Development Amendment for building floor plans, elevations
and plotting for the development of 75 single-family detached homes within the Villages
of La Costa Greens Neighborhood 1.09 generally located south of future Poinsettia Lane
and east of future Alicante Road in Local Facilities Management Zone IO.
Mr. Neu stated that agenda Items 1, 2, 4, 5, 6 and 7 are normally heard in a public hearing context,
however, these projects are minor and routine in nature with no outstanding issues and Staff
recommends approval. He recommended that the public hearing be opened and closed, and that the
Commission proceed with a vote as consent Items including the errata sheets, if any. If the Commission
or someone from the public wishes to pull an Item, Staff would be available to respond to questions.
Chairperson White asked if there was any who wished to pull Items 1, 2,4, 5, 6 and 7 or if anyone wished
to speak on those Items.
Commissioner Montgomery asked that the errata sheets for Items 1 and 2 be read. Mr. Neu explained
the errata sheets for those items. Commissioner Segall asked why CUP 99-30(A) (Item 1) needed to be
approved by Council. Mr. Neu explained that a special condition had been placed on the project by City
Council during the project's first approval. He also stated the applicant has submitted a letter requesting
the item be withdrawn. Mr. Neu further explained that once the Planning Commission approves the
denial of the project, the item would then be withdrawn.
MOTION
ACTION: Motion by Commissioner Heineman, and duly seconded, that the Planning
Commission approve Items 1, 2, 4, 5, 6 and 7 with errata sheets.
White, Baker, Montgomery, Heineman, and Segall
VOTE: 5-0
AYES:
NOES: None
36
Planning Commission Minutes June 16,2004 Page 3
MOTION
ACT I ON : Motion by Commissioner Heineman, and duly seconded, that the Planning Commission approve Items 1, 2, 4, 5, 6 and 7 with errata sheets.
White, Baker, Montgomery, Heineman, and Segall
VOTE: 5-0
AYES:
NOES: None
37
From: Saima Qureshy
To: Patchett, Ray
Date: 7/13/04 9: 1 1 AM
Subject: Parking for Seashore on the Sand
The subject site is located within Beach Area Overlay Zone and parking requirements are as follows:
1.5 spacedunit for resident parking (apartments) +
1 space/2 units for visitor parking (apartments and condominiums)
So if the 9 units were proposed to be converted into condominiums, it will require a total of 23parking
spaces (2 spaces per unit +4.5 visitor spaces).
For apartments parking requirement will be - =spaces (1.5 space/unit for one bdrm. units, 2 spaceshnit
for 2 and 3 bedrm units + 4.5 visitor parking spaces)
cc: Holzmiller, Michael
P
July 15,2004
TO: Ray Patchett, City Manager
FROM: Planning Department
RE: CUP 02-30 - Seashore on the Sand
The following is the information on all the timeshare projects in the city:
1. Pacific Palisades: 161 timeshares, 90 hotels units, and restaurants.
Parking for timeshares was calculated using 1.2
spacedunit ratio. However, a parking reduction for the
overall project was granted based on shared use of
parking for various uses on-site. A parking analysis
was prepared and concluded that various uses should
not be evaluated entirely separate since guests staying
in hotel and timeshare units will also be using
restaurants.
2. Seapoint:
3. Aviara:
4. Carlsbad Inn:
78 timeshares. Parking for timeshares was calculated
using 1.2 spaces/unit ratio. There was no reduction
granted. The project has 5 spaces in addition to the
required 94 spaces.
240 timeshare units, 489 hotel rooms, sports center, and
restaurants. Parking for timeshares was calculated
using 1.5 spaces/unit because each unit had a lock-off
feature which allowed it to be separated into two,
distinct units. Then, a parking reduction for the overall
project was granted based on shared use of parking for
various uses on-site. A parking analysis was prepared
and concluded that various uses should not be evaluated
separately.
132 timeshare units, 66 hotel rooms, retail uses and a
restaurant. Parking for timeshares was calculated using
a standard of 1.0 spacehit based on shared use of
parking for the various uses on-site.
5. Tamarack Beach Resort: 54 timeshare units, 27 hotel rooms, and restaurant.
Parking for timeshares was calculated using a standard
of 1.0 spacehnit based on shared use of parking for the
various uses on-site.
I
Re: Seashore on the Sand
July 15,2004
Page 2
Four timeshare projects described above, which were granted reduced parking standards
are large scale projects, developed with hotel rooms, restaurants and retail uses in
addition to the timeshare component. Seapoint is the only project which is similar to the
proposed project since it is developed only with timeshares. Parking reduction granted at
other locations was justified by showing that people staying in timeshares were also using
other on-site uses like restaurants and conference facilities. Two of the projects approved
with parking reductions were also conditioned to conduct yearly reviews to ascertain if
reduced parking is adequate. Planning Director could require any mitigation measures
necessary to eliminate any parking problems, if identified in the yearly review.
SAIMA QURESHY, AICP
C: Michael Holzmiller
Don Neu
Ladwiq Design Group, Inc.
SEASHORE ON THE SAND
Questions raised at the City Council Meeting of July 13,2004, and Comments
0 Parking
The applicant is requesting a reduction in the parking as allowed by City Code
from 1.2 spaces per unit down to 1 space per unit. There currently are 12 units
available for rent as a hotel. After the conversion to timeshares there will be a 25
percent reduction in the number of units down to nine. In addition, there was a
slight reconfiguration onsite to add a handicapped space, which in reality is two
spaces, so we end up with eight regular spaces and one handicapped space or the
required one space per unit.
In the ordinance that allows for the Council to reduce the required parking to one
space per unit there is also a requirement that any reduction in parking shall be
supported by finding that the reduction is necessary for the development of the
project and will not adversely affect the neighborhood. The finding that can be
made to satisfy the Code is that there is the 25 percent reduction in units. Also,
a parking study was done that shows there is no negative impact on the
surrounding area. In addition, no one has submitted a letter or protested the
project at the public hearing. So a conclusion could be drawn that the reduction
in spaces is necessary for the development in that it is an existing project to be
reduced from 12 units to 9 units with nine parking spaces and that the project
will not adversely affect the neighborhood because of the effective increase in
on-site parking spaces available.
0 Precedent Setting
As pointed out by the City Attorney on July 13, the nature of a Conditional Use
Permit is that each project needs to be reviewed and stand on it’s individual merits
and without setting precedence. Mr. Ball also pointed out that the law can be
changed so that conditions apply in the future.
0 Handicapped Access
The project will provide an elevator hom street level to the beach level. We are
not aware of any other project along the beach that has this. Handicapped people
will have total access to the beach.
703 Palomar Airport Road + Suite 300 Carlsbad, California 92009
(760) 438-31 84 FRX (760) 438-01 73
July 19,2004
Page 2
0 Seven UNts versus Nine Units
A suggestion was made to reduce the units from nine to seven. We feel this would
attract multiple families using the large units coming in separate cars. Some of the
units would need to be four and five bedroom units and it would be unlikely that
a couple would use such a large unit. Because the Code requires one space per
unit and it is not based on the number of bedrooms, it would be very unlikely that
the Code requirement would satisfy the actual need.
0 Ladwig’s Response to Mayor’s Question
Mayor Lewis asked Bob Ladwig if he could support other timeshare conversions
along the beach. Ladwig responded no, that it would depend on the circumstance
of each individual project. After further consideration I would consider
supporting other conversions with the understanding that as a minimum that the
existing units be reduced by 25 percent, similar to Seashore on the Sand.
703 Palomar Airport Road Suite 300 Carlsbad, California 92009
(760) 438-31 82 FW (760) 438-01 73
From: Isabelle Paulsen
To: legals@nctimes.com
Date: 6/29/04 2:09PM
Subject: Public Hearing Notice - Seashore on the Sand
Jane:
Please let me know if you received this e-mail and attachment.
Please place the attached public hearing and map in the Friday, July 2, 2004, newspaper.
This will be a simple legal ad with City seal and border
Thank you.
Isabelle Paulsen, CMC
Deputy Clerk
City of Carlsbad
City Clerk/Records Management
ipaul@ci.carlsbad.ca.us
cc: Saima Qureshy; Val Dinsmore
NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the
City Council of the City of Carlsbad will hold a public hearing at the Council Chambers,
1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO p.m. on Tuesday, July 13,
2004, to consider a Conditional Use Permit to allow the conversion of an existing 12-unit
hotel into 9 timeshare units on property generally located at 2805 Ocean Street in Local
Facilities Management Zone 1 and more particularly described as:
Lots 47 and 48 and the northerly 10.00 feet of Lot 49, in Block “A
of the Hayes Land Company Addition to Carlsbad, Map No. 2, in
the City of Carlsbad, County of San Diego, State of California,
according to map thereof No. 1221, filed in the office of the County
Recorder of San Diego County, November 4, 1909.
Those persons wishing to speak on this proposal are cordially invited to attend the
public hearing. Copies of the agenda bill will be available on and after July 2, 2004. If
you have any questions, please call Saima Qureshy in the Planning Department at
(760) 602-461 9.
If you challenge the Conditional Use Permit in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this notice
or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk, 1200
Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing.
CASE FILE: CUP 02-30
CASE NAME: Seashore on the Sand
PUBLISH: July 2, 2004
CITY OF CARLSBAD
CITY COUNCl L
SITE
SEASHORE ON THE SAND
CUP 02-30
CARLSBAD UNlF SCHOOL DlST
6225 EL CAMINO REAL
CITY OF SAN MARCOS
1 CIVIC CENTER DR
CARLSBAD CA 92009 SAN MARCOS CA 92069-2949
CITY OF OCEANSIDE
300 NORTH COAST HWY
OCEANSIDE CA 92054 VISTA CA 92085
CITY OF VISTA
PO BOX 1988
CALIF DEPT OF FISH & GAME
4949 VIEWRIDGE AVE STE 100
SAN DIEGO CA 92123 9174 SKY PARK CT
REGIONAL WATER QUALITY
SAN DIEGO CA 92123-4340
LAFCO
1600 PACIFIC HWY
SAN DIEGO CA 92101
AIR POLLUTION CNTRL DlST
9150 CHESAPEAKE DR
SAN DIEGO CA 92123
U.S. FISH &WILDLIFE
6010 HIDDEN VALLEY RD
CARLSBAD CA 92009 7575 METROPOLITAN DR
CA COASTAL COMMISSION
STE 103
SAN DIEGO CA 92108-4402
NOR1 N E SI GAFOOS E
2805 OCEAN ST
CARLSBAD CA 92008
BOB LADWIG
LADWIG DESIGN GROUP
703 PALOMAR AIRPORT RD
STE 300
CARLSBAD CA 92009
CITY OF CARLSBAD
COMMUNITY SERVICES PUBLIC WORKS/ENGlNEERlNG
CITY OF CARLSBAD
DEPT- PROJECT ENGINEER
JOHN MAASHOFF
CITY OF CARLSBAD
PROJECT PLANNER
SAIMA QURESHY
CITY OF ENClNlTAS
505 S VULCAN AVE
ENClNlTAS CA 92024
SD COUNTY PLANNING
STE B
5201 RUFFIN RD
SANDIEGO CA 92123
SANDAG
STE 800
401 B STREET
SAN DIEGO CA 92101
I. P. U .A.
SCHOOL OF PUBLIC ADMIN AND
URBAN STUDIES
SAN DIEGO STATE UNIVERSITY
SAN DIEGO CA 92182-4505
ATTN TED ANASIS
SAN DIEGO COUNTY AIRPORT
AUTHORITY
PO BOX 82776
SAN DIEGO CA 92138-2776
CITY OF CARLSBAD
MUNICIPAL WATER DISTRICT
Laser 5160@
Nancy F Johnson
806 N Foothill Rd
Beverly Hills Ca 902 10
M Harris
2729 Ocean St
Carlsbad Ca 92008
M & KPatton
28 W Yale Loop
Irvine Ca 92604
William C Mann
2701 Ocean St
Carlsbad Ca 92008
Frank & Janet Abbott
1952 Forest View Ave
Burlingame Ca 940 10
Tr Benedict
8357 Turtle Creek Cir
Las Vegas Nv 89 1 13
Tr Klosterman
1565 Hillcrest Ave
Glendale Ca 9 1202
Fred & Barbara Havens
2139 Archdale St
Riverside Ca 92506
Lori Emslie
2683 Ocean St
Carlsbad Ca 92008
J Kunkel
PO Box 26048
Oklahoma City Ok 73 126
Parish Of St Michaels-By-The-Sea
POBox 127
Carlsbad Ca 920 18
Gofat L L C
160 Tamarack Ave
Carlsbad Ca 92008
Tr Bell
215 E Ball Rd
Anaheim Ca 92805
Front Porch Communities & Serv
2835 N Naomi St 300
Burbank Ca 91 504
Tr Gamer
25775 Toluca Dr
San Bemardino Ca 92404
Dinitto Properties Inc
264 Carlsbad Villagedr
Carlsbad Ca 92008 Vista Ca 92081
Blue Barry J+Mary T ConsSO% 426
223 1 La Mirada Dr
Karen Kelly
3 1887 Colby Ln
Pauma Valley Ca 9208 1
Wesley Man
2995 Ocean St
Carlsbad Ca 92008
Harold C & Eva Mcmillan
1525 Heather Ln
Riverside Ca 92504
Weinberger
422 S San Marino Ave
Pasadena Ca 91 107
Thomas & Janet Gunckel
1 1242 La Vereda Dr
Santa Ana Ca 92705
Tr Harrison
2442 Tamara Ln
San Marcos Ca 92069
Mary W Jernegan
2955 Ocean St 5
Carlsbad Ca 92008
Donald F Powell
PO Box 1300
Riverside Ca 92502
William & Darla Boren
75 1 1 Adobe Cliffs Cir
Las Vegas Nv 89129
Tr Mazzetti
2254 Grace St
Riverside Ca 92504
Jeffrey & Nanette Carlson
3027 N Broadway
Escondido Ca 92026
John J & Bonnie Bouma
800 E Circle Rd
Phoenix Az 85020
Tr Littrell
13639 Rostrata Rd
Poway Ca 92064
Jessie F Minor
PO Box 490
San Jacinto Ca 92581
Tobo Investments
2785 Roosevelt St
Carlsbad Ca 92008
0 Nick Tr Powell
2227 Ruddy Duck Ct
Cardiff By The Sea Ca 92007
PO Box 1300
Riverside Ca 92502
John & Julie Barr
PO Box 50
Decatur I1 62525
P & Alice Scheerer
75 19 N 3Rd St
Phoenix Az 85020
Darcy Dutton
2520 Raeburn Dr
Riverside Ca 92506
Gary L & Patricia Mcmillan
45 125 Sandia Creek Dr
Temecula Ca 92590
W & Tonia Skousen
2333 N Country Club Dr
Mesa Az 85201 MesaAz 85205
Leon H & Sylvia Ricks
6057 E University Dr
Tr Moser
12566 Tithing Hill Dr
Riverton Ut 84065
Albert D & Donna Jacobson
11 E Linger Ln
Phoenix Az 85020
Seaslope Estates Owners Assn(Cor
PO Box 1300
Riverside Ca 92502
Tr Chaisson
605 Edgebrook Dr
Las Vegas Nv 89145
Tr Murphy
2901 Ocean St 3
Carlsbad Ca 92008
Tr Vigil
2901 Ocean St 4
Carlsbad Ca 92008
Kimball Bernard Bell Partners
2400 E Arizona Biltmore Cir 1400 PO Box 151
Phoenix Az 85016 Anaheim Ca 928 15
Norine Sigafoose
3978 Syme Dr
Carlsbad Ca 92008
Carlsbad Beach Partners L P
1201 Elm St
Dallas Tx 75270
Marie Sidun Scott J Bartel Wailes
621 Las Flores DrSan Marcos
Ca 92069 92008 92008
2689 Garfield StCarlsbad Ca 2729 Ocean StCarlsbad Ca
Tr Mcgrath
2685 Garfield StCarlsbad Ca
92008
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City
Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200
Carlsbad Village Drive, Carlsbad, California, at 6:OO p.m. on Tuesday, [DATE], to consider a
Conditional Use Permit to allow the conversion of an existing 12-unit hotel into 9 timeshare
units on property generally located at 2805 Ocean Street in Local Facilities Management Zone 1
and more particularly described as:
Lots 47 and 48 and the northerly 10.00 feet of Lot 49, in Block “A” of the
Hayes Land Company Addition to Carlsbad, Map No. 2, in the City of
Carlsbad, County of San Diego, State of California, according to map
thereof No. 1221, filed in the office of the County Recorder of San Diego
County, November 4, 1909.
Those persons wishing to speak on this proposal are cordially invited to attend the public
hearing. Copies of the agenda bill will be available on and after [DATE]. If you have any
questions, please call Saima Qureshy in the Planning Department at (760) 602-4619.
If you challenge the Conditional Use Permit in court, you may be limited to raising only those
issues you or someone else raised at the public hearing described in this notice or in written
correspondence delivered to the City of Carlsbad at or prior to the public hearing.
CASE FILE: CUP 02-30
CASE NAME: Seashore on the Sand
PUBLISH: [DATE]
CITY OF CARLSBAD
CITY COUNCIL
SITE
SEASHORE ON THE SAND
CUP 02-30
Seashore on the SandSeashore on the SandCT 02-26/CUP 02-30/CDP 02-52
Location MapLocation MapC A R L S B A D B LV D
GRAND AVEG A R F IE L D S T
O C E A N S T
CHRISTIANSEN WAYCARLSBAD VILLAGE DRP A C IF IC O C E A N
SITE
BackgroundBackground•Approved as 9 unit apartment building •Variances Front yard setback –5’Northerly side yard setback –3’Southerly side yard setback –4’•Converted into a 12 unit hotel •Hotel is legal non-conforming use
Proposed ProjectProposed Project•Convert existing hotel into 9 timeshare units•Parking requirement for timeshares per the CMC –1.2 spaces/unit (11 spaces for the project)•Requested reduction –1.0 space/unit (9 spaces for the project)
RecommendationRecommendation•Planning Commission Recommends Approval:Timeshares are conditionally permitted use in R-3 zone.New use will not result in any physical or operational changes.No. of units will be reduced to 9 from existing 12 hotel units.
City Council Approve CUP 02-30 –Seashore on the Sand
Parking RequirementParking Requirement•Timeshares1.2 spaces/unit –11 spaces required for 9 units•Apartments/Condominiums1.5 spaces/unit for 1 bedrm. Units, 2 spaces/unit for 2, 3 bedrm. Units1 space/2 units for visitorsSite Density will allow max. 3 unitsTotal parking requirement –8 parking spaces
Seashore on the SandSeashore on the SandCT 02-26/CUP 02-30/CDP 02-52
Proposed ProjectProposed Project•Convert existing hotel into 9 timeshare units•Parking requirement for timeshares per the CMC –1.2 spaces/unit (11 spaces for the project)•Requested reduction –1.0 space/unit (9 spaces for the project)
Parking Reduction for Parking Reduction for TimesharesTimeshares•Pacific Palisades Parking for timeshares –1.2 spaces/unitOverall parking reduction was granted•SeapointParking for timeshares –1.2 spaces/unitNo parking reduction was granted•AviaraParking for timeshares –1.5 spaces/unitOverall parking reduction was granted
Parking Reduction for Parking Reduction for TimesharesTimeshares•Carlsbad InnParking for timeshares –1.0 space/unitParking reduction was granted•Tamarack Beach ResortParking for timeshares –1.0 space/unitParking reduction was granted
Parking Reduction for Parking Reduction for TimesharesTimesharesProjects with parking reductions were large scale resort with other uses on-site.Seapointis developed with only timeshares and parking was based on 1.2 spaces/unit
PROOF OF PUBLICATION
(2010 & 2011 C.C.P.)
This space is for the County Clerk's Filing Stamp
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident of
the County aforesaid: I am over the age of eighteen
years and not a party to or interested in the above-
entitled matter. I am the principal clerk of the
printer of
Proof of Publication of North County Times
Formerly known as the Blade-Citizen and The
Times-Advocate and which newspapers have been
adjudicated newspapers of general circulation by
the Superior Court of the County of San Diego,
State of California, for the City of Oceanside and
the City of Escondido, Court Decree number
171349, for the County of San Diego, that the
notice of which the annexed is a printed copy (set
in type not smaller than nonpariel), has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to-wit:
a,mq
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at SAN MARCOS, California
-
This =7\ Day of July, 2004
P tam
Signature
NORTH COUNTY TIMES
Legal Advertising
. ..