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HomeMy WebLinkAbout2006-12-05; City Council; 18825; Seashore on the SandCITY OF CARLSBAD - AGENDA BILL 10 AB# 18,825 MTG. 12/os/oe DEPT. PLN SEASHORE ON THE SAND CUP 02-30x1 DEPT. HEAD \)Yl CITY ATTY. (jgg CITY MGR. 'i5p> RECOMMENDED ACTION: That the City Council ADOPT Resolution No. Extension 02-30x1. ITEM EXPLANATION: 2006-352 APPROVING Conditional Use Permit Project Applications CUP 02-30x1 CT 02-26x1 CDP 02-52x1 Administrative Approvals X Reviewed by and Final at Planning Commission X To be reviewed and Final at Council X On October 4, 2006, the Planning Commission conducted a public hearing and recommended to the City Council approval (5-0 - Commissioners Dominguez and Montgomery absent) of an extension to a Conditional Use Permit for a 7 unit timeshare project located at 2805 Ocean Street on the west side of Ocean Street between Christiansen Way and Grand Avenue in Local Facilities Management Zone 1. At the same hearing, the Planning Commission also approved (5-0) a Tentative Tract Map Extension for the project. The approval of the Tentative Tract Map Extension was final at the Planning Commission. The Coastal Development Permit Extension will be extended and approved by the Planning Director, administratively. There was no public testimony regarding the extension of the Conditional Use Permit at the Planning Commission hearing. The extension is consistent with the City's General Plan, Zoning Ordinance, and Growth Management Program. Therefore, staff and the Planning Commission recommend approval of the extension of the Conditional Use Permit. FISCAL IMPACT: The fiscal impacts to the City are negligible since all development fees will be collected at the time of building permit issuance. All public facilities necessary to serve the development will be in place, prior to, or concurrent with, development. ENVIRONMENTAL IMPACT: The extension of a Conditional Use Permit for the conversion of hotel units to a timeshare project represents an infill development project. Therefore, the project is exempt from further environmental documentation pursuant to Section 15322 - in-fill development - of the State CEQA Guidelines. A Notice of Exemption will be filed upon final project determination. FOR CITY CLERKS USE ONL Y. . COUNCIL ACTION: APPROVED X DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D Page 2 - CUP 02-30x1 - Seashore on the Sand GROWTH MANAGEMENT STATUS Local Facilities Management Plan Special Facility Fee 1 None EXHIBITS: 1. City Council Resolution No. 2006-352 2. Location Map 3. Planning Commission Resolution No. 6174 4. Planning Commission Staff Report, dated October 4, 2006 5. Draft Excerpt of Planning Commission Minutes, dated October 4, 2006. DEPARTMENT CONTACT: Chris Sexton 760-602-4624 csexton ©ci.carlsbad.ca.us 3 1 - RESOLUTION NO. 2006-352 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A ONE-YEAR 3 EXTENSION OF A CONDITIONAL USE PERMIT CUP 02- d 30x1 FOR A 7-UNIT TIMESHARE PROJECT ON PROPERTY LOCATED AT 2805 OCEAN STREET IN THE 5 MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT 6 ZONE1. CASE NAME: SEASHORE ON THE SAND 7 CASE NO: CUP 02-30x1 8 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning 9 Commission did on October 4, 2006, hold a duly noticed public hearing as prescribed by 10 law to consider a Conditional Use Permit Extension; and 11 WHEREAS, the City Council of the City of Carlsbad did, on the 5th 12 day of December 2006, hold a duly noticed public hearing to consider a .. Conditional Use Permit Extension, and at that time received recommendations, 15 objections, protests, comments of all persons interested in or opposed to CUP 02-30x1; 16 and 17 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 18 Carlsbad, California, as follows: 19 1. That the above recitations are true and correct. 20 2. That the City Council approves Conditional Use Permit Extension, CUP 21 02-30x1 and that the findings and conditions of the Planning Commission as set forth in Planning Commission Resolution No. 6174, on file with the City Clerk and made a part 22 hereof by reference, are the findings and conditions of the City Council. 23 3. That the application for a one year extension of Conditional Use Permit 24 02-30 for a 7 unit timeshare project located at 2805 Ocean Street, on the west side of Ocean Street, is approved as shown in Planning Commission Resolution No. 6174. 25 4. 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 27 Review" shall apply: 28 1 "NOTICE TO APPLICANT" 2 The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, 3 which has been made applicable in the City of Carlsbad by 4 Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than 5 the nineteenth day following the date on which this decision becomes final; however, if within ten days after the decision 6 becomes final a request for the record of the deposit in an amount sufficient to cover the estimated cost or preparation of such record, 7 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 8 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 10 City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008." 11 " 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 5th day of December, 2006, by the following vote: AYES: Council Members Lewis, Hall, Kulchin, Packard NOES: None. ABSENT: Council Member Sigafoose ATTEST: LORRAINE M. WOOD, City Clerk <SEAL> EXHIBIT 2 SITEMAP NOT TO SCALE Seashore On The Sand CUP 02-30X1 EXHIBIT 3 1 PLANNING COMMISSION RESOLUTION NO. 6174 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ONE-YEAR EXTENSION OF A 4 CONDITIONAL USE PERMIT TO ALLOW THE 5 CONVERSION OF AN EXISTING 12-UNIT HOTEL INTO 7TIMESHARE UNITS ON PROPERTY LOCATED AT 6 2805 OCEAN STREET IN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES 7 MANAGEMENT ZONE 1. CASE NAME: SEASHORE ON THE SAND 8 CASE NO.: CUP 02-30x1 9 WHEREAS, Norine Sigafoose, "Developer/Owner," has filed a verified 10 application with the City of Carlsbad regarding property described as 12 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 13 No. 2, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 1221, filed in the 14 office of the County Recorder of San Diego County, November 4,1909 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Conditional Use 1 81 ° Permit Extension as shown on Exhibits "A" - "G" dated June 2, 2004, on file in the Planning 19 Department, SEASHORE ON THE SAND - CUP 02-30x1, as provided by the conditions of 20 approval of CUP 02-30 and Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and 22 WHEREAS, the Planning Commission did, on the 4th day of October, 2006, 23 hold a duly noticed public hearing as prescribed by law to consider said request; and 24 WHEREAS, at said public hearing, upon hearing and considering all testimony 25 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 26 relating to the CUP Extension; and 27 WHEREAS, on June 2, 2004, the City Council approved CUP 02-30 as described28 and conditioned in City Council Resolution No. 2004-237. 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission of the City of Carlsbad as follows: 3 A) That the foregoing recitations are true and correct. 4 - B) That based on the evidence presented at the public hearing, the Planning Commission RECOMMENDS APPROVAL of SEASHORE ON THE SAND 6 - CUP 02-30x1 based on the following findings and subject to the following conditions: 7 Findings; o 9 1. The adopted findings for CUP 02-30, which are contained in Planning Commission Resolution No. 5632 and City Council Resolution 2004-237, apply to this extension and 10 are incorporated by this reference. 2. That a one-year extension is appropriate as the applicant is actively preparing a ^2 final subdivision map and design drawings that will address conditions of the CT and CUP, and extending the expiration of the CT and CUP would allow the 13 owner/applicant to preserve existing property entitlements while satisfying the conditions for a conversion of a 12-unit hotel into a 7-unit timeshare. 14 , - Conditions: 16 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 17 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 1 o issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said 20 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 * Extension. 22 2. All conditions of approval imposed upon Conditional Use Permit CUP 02-30 as stated in 23 Planning Commission Resolution No. 5632 shall apply as conditions of approval for CUP 02-30x1 and are incorporated by this reference, except Condition Nos. 9 and 24, 24 which are replaced by new condition No. 4 below. 25 3. This approval is granted subject to the approval of CT 02-26x1 and CDP 02-52x1 and is 26 subject to all conditions contained in Planning Commission Resolution No. 6173 for those other approvals. 27 4. This approval shall become null and void if building permits are not issued for this project within 12 months from the date of project approval. PCRESONO. 6174 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 from 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 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 4th day of October, 2006, by the following vote, to wit: AYES: Commissioners Baker, Cardosa, Heineman, Segall, and Whitton NOES: ABSENT: Chairperson Montgomery and Commissioner Dominguez ABSTAIN: JULIE\BA: CARLS ATTEST: ., Vice Chairperson LANNING COMMISSION DON NEU Assistant Planning Director PCRESONO. 6174 -3- The City of Carlsbad Planning Department EXHIBIT 4 A REPORT TO THE PLANNING COMMISSION ©Item No. P.C. AGENDA OF: October 4, 2006 Application complete date: June 12, 2006 Project Planner: Chris Sexton Project Engineer: Jeremy Riddle SUBJECT: CT 02-26xl/CUP 02-30x1 - SEASHORE ON THE SAND - Request for approval of a one-year extension for a Tentative Tract Map and a recommendation of approval of a Conditional Use Permit to allow the conversion of an existing 12 unit hotel into 7 timeshare units on property located at 2805 Ocean Street, in the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 1. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 6173 APPROVING a one-year extension of CT 02-26x1 and ADOPT Planning Commission Resolution No. 6174 RECOMMENDING APPROVAL of a one-year extension of CUP 02- 30x1 based upon the findings and subject to the conditions contained therein. II.INTRODUCTION The applicant, Norine Sigafoose, has requested a one-year time extension for the Tentative Tract Map (CT) and the Conditional Use Permit (CUP) for a 7 unit timeshare project located at 2805 Ocean Street. The proposed one-year extension of CT 02-26x1 would allow the owner/applicant to preserve existing property entitlements while satisfying the conditions for a conversion of a 12-unit hotel into a 7-unit timeshare. III. PROJECT DESCRIPTION AND BACKGROUND The project site is located at 2805 Ocean Street, on the west side of Ocean Street between Christiansen Way and Grand Avenue, in the Mello II Segment of the Local Coastal Program (LCP) and Local Facilities Management Zone 1. The CT was originally approved by the Planning Commission and the CUP was originally recommended for approval by Planning Commission Resolutions No. 5631 and 5632, respectively, on June 16, 2004 for two years. The applicant is requesting that the CT and CUP be extended for one year to June 15, 2007. The project consists of the conversion of an existing 12-unit hotel into 7 timeshare units. The subject building was built in 1969 as a 9-unit apartment complex and the building was later converted into a 12-unit hotel in 1986. On December 14, 2005, the Assistant Planning Director approved a Substantial Conformance application to the original project to allow minor changes such as eliminating the elevator, adding steps from Level 3 to Level 1, converting the recreation o CT 02-26xI/CUP 02-30x1 - SEASHORE ON THE SAND October 4, 2006 Page 2 room at Level 1 into a storage room and relocating the recreation room to a vacant garage space on Level 3 adjacent to the proposed handicap parking space. Staff received the application on April 20, 2006 and has scheduled the extension in accordance with Section 66452.6 of the Subdivision Map Act. Per 20.12.110 of the Carlsbad Municipal Code (CMC), the Planning Commission shall grant an extension: 1) if the project's design and improvement of the subdivision is consistent with Titles 20 and 21; 2) the applicant is diligently pursuing their final map; and, 3) all related permits or approvals that are issued are have been extended to expire concurrent with the tentative map. CT 02-26x1 (Planning Commission Resolution No. 6173) will be extended with approval from the Planning Commission and CUP 02-30x1 (Planning Commission Resolution No. 6174) will be extended with approval of the City Council. The Coastal Development Permit, CDP 02-52x1, will be extended by the Planning Director administratively, per Section 21.201.210 of the Carlsbad Municipal Code, after Planning Commission's action on the CT and the City Council's action on the CUP extension. IV. ANALYSIS The project remains in compliance with current codes, policies and growth management requirements as conditioned. The conditions of approval contained within Planning Commission Resolution No. 5631 (CT 02-26) are still applicable to the project with the addition of Condition No. 4 of Planning Commission Resolution No. 6173. The conditions of approval contained within Planning Commission Resolution No. 5632 (CUP 02-30) are still applicable with the addition of Condition No. 4 of Planning Commission Resolution No. 6174. The applicant is currently pursuing the approval of the final map. 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 requirements for the preparation of environmental documents pursuant to Section 15322 - in-fill development projects, of the state CEQA Guidelines. ATTACHMENTS: 1. Planning Commission Resolution No. 6173 2. Planning Commission Resolution No. 6174 3. Location Map 4. Request for Tentative Map Extension 5. Disclosure Statement 6. City Council Resolution No. 2004-237 7. Planning Commission Resolution No. 5631 (CT 02-26) 8. Planning Commission Resolution No. 5632 (CUP 02-30) 9. Reduced Exhibits "A" - "G" dated October 4, 2006 Lciduiig Design Group, Inc. April 20, 2006 Glenn Pruim Public Works Director City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 RE: TENTATIVE MAP EXTENSION REQUEST FOR CT02-26 (SEASHORE ON THE SAND) (LADWIG DESIGN GROUP JOB NO. L-1078) Dear Glen: Enclosed is our completed and signed application for a one year request for Tentative Map Extension for Seashore On The Sand. The current tentative map expiration date is June 16, 2006. The owner is currently requesting proposals for the final map preparation and improvement plan preparation required by the conditions of approval. As you are aware this is a lengthy process and we will need the additional time requested to complete the final plans so that the map can be recorded. ' I look forward to a response from your staff if any additional items are needed for the tentative map extension request. RECEIVED APR 2 0 2006 ENGINEERING DEPARTMENT 703 Palomar flirport Road 4 Suite 300 4- Carlsbad, California 92011 (760)438-3182 FflX (760) 438-0173 Glenn Prium April 20, 2006 Page 2 Sincerely, LADWIG DESIGN GROUP, INC. Robert C. Ladwig, President RCL:ls Enclosures cc: Norine Sigafoose 703 Palomcir flirport Road 4 Suite 300 4 Carlsbad, California 92011 (760) 438-3182 FflX (760) 438-0173 City of Carlsbad Planning Department DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will 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 sufamittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined 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. 2. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, 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) IN THE SPACE BELOW If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person. Title Corp/Part_ Title _ Address Qeg-AO *>T Address OWNER (Not the owner's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, 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) IN THE SPACE BELOW. If a publicly- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Corp/Part 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 d. ."JIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list 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 Profit/Trust Non Profit/Trust 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? Yes j/ No If yes, please indicate person(s):_ NOTE: Attach additional sheets if necessary. I certify that all/fee above information is true and correct to the best of my knowledge. Sinature of owier/ate Signature of applicant/date Print or type name of owner Print or type name of applicant Signature of owner/applicant's^rgent if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 1 RESOLUTION NO. ' "2004-237 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE 3 PERMIT (CUP 02-30) TO ALLOW THE CONVERSION OF AN EXISTING HOTEL INTO 7 TIMESHARE UNITS ON PROPERTY 4 GENERALLY LOCATED AT 2805 OCEAN STREET WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. 5 CASE NAME: SEASHORE ON THE SAND CASE NO.: CUP 02-30 6 The City Council of the City of Carlsbad, California, does hereby resolve as 7 follows: 8 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 10 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 July , 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 16 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of ,- Carlsbad, California, as follows: I g 1. That the above recitations are true and correct. 19 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 20 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 21 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 22 conditions of the City Council, except as modified herein. 23 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 24 Review" shall apply: 25 "NOTICE TO APPLICANT" 26 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 27 made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in 28 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 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 July , 2004, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard NOES: None ABSENT: None CLAUDE ATTESjT: I-ORRAJNE M. WOOD, City Clerk (SEAC) -2- 1 PLANNING COMMISSION RESOLUTION NO. 5631 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING 3 CARLSBAD TRACT CT 02-26 TO ALLOW THE CONVERSION OF AN EXISTING HOTEL INTO 9 4 TIMESHARE UNITS ON PROPERTY GENERALLY 5 LOCATED AT 2805 OCEAN STREET WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. 6 CASE NAME: SEASHORE ON THE SAND CASE NO.: CT 02-26 : 7 WHEREAS, Norine Sigafoose, "Owner/Developer," has filed a verified8 9 application with the City of Carlsbad regarding property described as 10 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 11 No. 2, in the City of Carlsbad, County of San Diego, State of 12 California, according to map thereof No. 1221, filed in the office of the County Recorder of San Diego County, November 13 4,1909 14 ("the Property"); and WHEREAS, said verified application constitutes a request for a Tentative Tract 16 Map as shown on Exhibits "A" - "G" dated June 2, 2004, on file in the Planning Department 17 SEASHORE ON THE SAND - CT 02-26, as provided by Chapter 20.12 of the Carlsbad18 19 Municipal Code; and 20 WHEREAS, the Planning Commission did, on the 16th day of June 2004, hold a 21 duly noticed public hearing as prescribed by law to consider said request; and 22 WHEREAS, at said public hearing, upon hearing and considering all testimony 23 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 24 relating to the Tentative Tract Map. +• J 26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 27 Commission of the City of Carlsbad as follows: 2° A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission 2 APPROVES SEASHORE ON THE SAND - CT 02-26, based on the following findings and subject to the following conditions: 3 Findings:4 1. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any 5 applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the 7 proposed project is for the conversion of an existing hotel into timeshare units. The proposed project is consistent with all Title 20 and Title 21 regulations governing ° subdivisions. The project is developed with an existing hotel which is a legal non- conforming use in the R-3 zone. The proposed project will change the use to timeshares which is a conditionally permitted use in the R-3 zone. The proposed 9 10 unit timeshare will have 9 parking spaces on-site which is consistent with Title 21 since Section 21.42.010 of the CMC allows for a reduction down to 1.0 parking space per timeshare unit. 2. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for Residential High (RH) density development on the General Plan, and are currently developed with hotels, residential uses and a 14 retirement facility. 15 3. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate timeshare development at the density proposed, in that the proposed project is for the conversion of an existing hotel into timeshares. There are no substantial changes proposed to the exterior of the building. The site can accommodate 9 timeshare units since the new use will require 18 only interior alterations in the building. Section 21.42.010 of the CMC allows for the reduction of parking spaces for timeshare units down to 1.0 space per unit The site will have 9 parking spaces on-site for the proposed 9 timeshare units. 20 4. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in 22 that the project is proposing to convert an existing hotel building into timeshares. Only minor physical changes are proposed to the exterior of building. 23 5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 25 6. That the design of the subdivision provides, to the extent feasible, for future passive or 26 natural heating or cooling opportunities in the subdivision, in that the project is for conversion of an existing hotel building into timeshare units. 27 7. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs PCRESONO. 5631 -2- against the public service needs of the City and available fiscal and environmental 2 resources. 3 8. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish and wildlife or their 4 habitat, in that the project is proposing to convert an existing hotel building into timeshares. No physical changes are proposed to the exterior of building. f 9. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project is 7 proposing to convert an existing hotel building into timeshares. Only minor physical changes are proposed to the exterior of building. 8 10. 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 11 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. Conditions: 14 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 18 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 21 this Tentative Tract Map. 22 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development 24 shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 25 3. This approval is granted subject to the approval of CUP 02-30 and CDP 02-52 and is subject to all conditions contained in Planning Commission Resolution No. 5632 and 27 5633 for those other approval incorporated herein by reference. 28 PCRESONO. 5631 -3- 1 Commission of the City of Carlsbad, California, held on the 16th day of June 2004, by the 4 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning 2" 3 „ following vote, to wit: 5 AYES: Chairperson White, Commissioners Baker, Heineman, Montgomery and Segall 6 NOES: None 7 ABSENT: Commissioners Dominguez and Whitton8 9 ABSTAIN: None 10 11 MELISSA WHITE, Chairperson 13 CARLSBAD PLANNING COMMISSION 14 ATTEST: 16 17 MICHAEL J. HOLZMEXER Planning Director 18 19 20 21 22 23 24 25 26 27 28 PCRESONO.5631 -4- 1 PLANNING COMMISSION RESOLUTION NO. 5632 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING 3 APPROVAL OF CONDITIONAL USE PERMIT CUP 02-30 TO ALLOW THE CONVERSION OF AN EXISTING HOTEL INTO 4 9 TMESHARE UNITS ON PROPERTY GENERALLY 5 LOCATED AT 2805 OCEAN STREET WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. 6 CASE NAME: SEASHORE ON THE SAND CASE NO.: CUP 02-30 7 WHEREAS, Norine Sigafoose, "Owner/Developer," has filed a verified o 9 application with the City of Carlsbad regarding property described as 10 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 11 No. 2, in the City of Carlsbad, County of San Diego, State of 12 California, according to map thereof No. 1221, filed in the office of the County Recorder of San Diego County, November 13 4,1909 14 ("the Property"); and WHEREAS, said verified application constitutes a request for a Conditional Use 16 Permit as shown on Exhibits "A" - "G" dated June 2, 2004, on file in the Planning Department 17 SEASHORE ON THE SAND - CUP 02-30, as provided by Chapter 21.42 and 21.50 of the 18 in Carlsbad Municipal Code; and 20 WHEREAS, the Planning Commission did, on the 16th day of June 2004, hold a 21 duly noticed public hearing as prescribed by law to consider said request; and 22 WHEREAS, at said public hearing, upon hearing and considering all testimony 23 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 24 relating to the Conditional Use Permit. 26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 27 Commission of the City of Carlsbad as follows: 28 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission 2 RECOMMENDS APPROVAL OF SEASHORE ON THE SAND - CUP 02- 30, based on the following findings and subject to the following conditions: 3 Findings:4 r 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 6 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 7 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 9 the subject site. The existing hotel use is legal non-conforming because hotels are not permitted uses in the R-3 zone. 10 2. 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 J2 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 13 to 9 timeshare units. This reduced number of units will decrease demand on on-site parking spaces and intensity of use. 14 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 15 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 17 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. 19 4. That the street system serving the proposed use is adequate to properly handle all traffic 20 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 21 traffic to be generated. 22 5. The Planning Commission finds that the timeshare project is located in reasonable 23 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 24 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 25 existing and future land uses in the surrounding neighborhood. 27 6. 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 28 existing hotel into timeshares is consistent with the land use designation of Residential High Density. PCRESONO. 5632 -2- 7. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local 2 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 3 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 e project will be installed to serve new development prior to or concurrent with need. 6 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 7 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 9 exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 10 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 j2 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. 13 Conditions: 14 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to approval of a final map or building permit, whichever occurs first. 16 1. If any of the following conditions fail to occur; or if they are, by their terms, to be .17 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 18 revoke or modify all approvals herein granted; deny or further condition issuance of all 1 Q 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 20 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 21 this Conditional Use Permit. 22 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 23 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 24 shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval.25 26 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. 27 4. If any condition for construction of any public improvements or facilities, or the payment 28 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 PC RESO NO. 5632 -3- 66020. If any such condition is determined to be invalid this approval shall be invalid 2 unless the City Council determines that the project without the condition complies with all requirements of law. 3 5. 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 c 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 6 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- 7 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 9 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 10 validated. 6. 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. 13 7. 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. 16 8. 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 17 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. 19 9. This approval shall become null and void if building permits are not issued for this 20 project within 24 months from the date of project approval. 10. 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 23 the Planning Director determines that the use has such substantial negative effects, the Planning Director shall recommend that the Planning Commission, after providing the 24 permittee the opportunity to be heard, add additional conditions to reduce or eliminate the substantial negative effects. 26 11. 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 27 welfare, or the conditions imposed herein have not been met. 12. 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 PCRESONO. 5632 -4- of the Planning Director, notifying all interested parties and successors in interest that the 2 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 3 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 e to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 6 13. This approval is granted subject to the approval of CT 02-26 and CDP 02-52 and is 7 subject to all conditions contained in Planning Commission Resolution No. 5631 and 0 5633 for those other approval incorporated herein by reference.o 9 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 10 successfully marketed as a timeshare project. 15. The management and maintenance plan submitted by the Developer titled 12 "Management Plan for Seashore on the Sand" attached to this resolution is approved and made a part of the permit for the project. 13 Engineering: 14 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. 16 General 17 16. Prior to recordation of a final map, Developer shall comply with the requirements of the 18 City's anti-graffiti program for wall treatments if and when such a program is formally established by the City. 2Q 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 21 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 22 maintenance in an equitable manner among the owners of the properties within the 23 subdivision. 24 18. There shall be one Final Map recorded for this project. 25 Fees/Agreements 26 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. 28 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 RESO NO. 5632 -5- street lights, fire hydrants, and reclaimed water. 2 20. Developer shall cause Owner to give written consent to the City Engineer to the 3 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 4 or annexation into an additional Street Lighting and Landscaping District. Said <- written consent shall be on a form provided by the City Engineer. 6 Dedications/Improvements 7 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.8 q 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 10 shown on the Tentative Map and the following improvements including, but not limited to paving, base, signing, sidewalks, curbs and gutters, medians, grading, undergrounding 1 * or relocation of utilities, sewer, water, retaining walls, and reclaimed water, to City 12 Standards to the satisfaction of the City Engineer. The improvements are: 12 a) Removal and replacement of any damaged curb, gutter, sidewalk, or pavement along the project frontage. 14 b) Relocation/undergrounding of the existing water appurtenances. c) Modification of the existing warped pavement section and step along 15 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 17 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 18 improvement agreement or such other time as provided in said agreement. 19 23. Developer shall comply with the City's requirements of the National Pollutant Discharge 2Q Elimination System (NPDES) permit. Developer shall provide improvements constructed pursuant to best management practices as referenced in the "California Storm Water Best 21 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 22 and subject to the approval of the City Engineer. Said plans shall include but not be 2_ limited to notifying prospective owners and tenants of the following: 24 A. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and 25 hazardous waste products. *)f\B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, 27 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 28 or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet PCRESONO.5632 -6- 47 Federal, State, County and City requirements as prescribed in their respective 2 _ containers. 3 C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements.4 5 Code Reminders: 24. The tentative map shall expire twenty-four (24) months from the date this tentative map approval becomes final. g 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 9 permit issuance, except as otherwise specifically provided herein. 10 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning 12 Commission of the City of Carlsbad, California, held on the 16th day of June 2004, by the 13 following vote, to wit: 14 AYES: Chairperson White, Commissioners Baker, Heineman, 15 Montgomery and Segall 16 NOES: None ABSENT: Commissioners Dominguez and Whitton 18 ABSTAIN: None 19" 20 22 MELISSA WHITE, Chairperson CARLSBAD PLANNING COMMISSION 23" 24 ATTEST: 25 26 MICHAEL J. HOLZMILL^R 27 Planning Director 28 PCRESONO. 5632 -7- DDDV3S 3Hi xa avaswo 3 800Z6 WO'P«1«|J«9...- )*aj)3 UV03O 9092 I :•: 30 tsarai otiin..:•«•*'"»• -0-4;\l HYTd 1 J l»»JJS UM3Q 9082pirns «a uo l! It SOQ5S WO'P«1«M»0}»«jis unao son: NVSd NOWfiMMQO'MLf rr i, 33 : f sssuat wi'fj.«i• aooee vsr'pit'iJto— 'g*j*S y»«ao 9tt8il R.-.K-.R H B ••• B Planning Commission Minutes October 4, 2006 Page 2 EXHIBITS 1. CT 02-26x1/CUP 02-30x1 - SEASHORE ON THE SAND - Request for approval of a one- year extension for a Tentative Tract Map and a recommendation of approval of a Conditional Use Permit to allow the conversion of an existing 12 unit hotel into 7 timeshare units on property located at 2805 Ocean Street, in the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 1. 2. CUP 06-12 - COUNTY OF SAN DIEGO/SHERIFF'S DEPARTMENT -ENCINA - Request for approval of a Conditional Use Permit to allow the installation of Microwave Facilities at the Encina Power Station. The site is located on the northeast corner of Cannon Road and Carlsbad Boulevard, in the Agua Hedionda Segment of the Local Coastal Program and in Local Facilities Management Zone 3. 3. CDP 06-13 - CAMPBELL RESIDENCE - Request for approval of a Coastal Development Permit to allow for the demolition of an existing single-family residence and the construction of a single family residence within the City's Coastal Zone located at 5003 Tierra Del Oro Street within the Mello II Segment of the Local Coastal Program (LCP) and Local Facilities Management Zone 3. Mr. Neu stated Items 1, 2, and 3 would normally be heard in a public hearing context; however, the projects appear to be minor and routine in nature with no outstanding issues and Staff recommends approval. He recommended that the public hearings be opened and closed, and that the Commission proceed with a vote as consent Items, including the errata sheets, if any. Staff would be available to respond to questions if the Commission or someone from the public wished to pull the Items. Vice Chairperson Baker asked if any members of the Planning Commission wished to pull any of the items listed. Vice Chairperson Baker asked if any member of the audience wished to address Agenda Items 1, 2, and 3; seeing none, she opened and closed public testimony. Vice Chairperson Baker stated that two Commissioners were absent and all applicants would have the opportunity to continue the project agenda item until the next meeting or proceed with a decision being made by the five present Commissioners. MOTION ACTION: Motion by Commissioner Cardosa, and duly seconded, that the Planning Commission approve Items 1,2, and 3. VOTE: 5-0 AYES: Vice Chairperson Baker, Commissioners Cardosa, Heineman, Segall, and Whitton NOES: None ABSENT: Chairperson Montgomery and Commissioner Dominguez Seashore on the SandSeashore on the SandCUP 02-30x1 Proposed ProjectProposed ProjectExtension of the CUP to convert existing hotel into 9 timeshare units. 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. RecommendationRecommendationThat the City Council Approve theResolution ApprovingCUP 02-30x1 –Seashore on the Sand