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HomeMy WebLinkAbout2015-05-05; City Council; 21956; Approving Amendment Carlsbad Ranch Specific Plan, Increase Local Coastal Program Habitable Levels Area 5 from 3 to 4 LevelsCITY OF CARLSBAD - AGENDA BILL 10 AB# 21,956 ADOPT AN ORDINANCE APPROVING AN AMENDMENT TO THE CARLSBAD RANCH SPECIFIC PLAN AND ADOPT A RESOLUTION APPROVING A LOCAL COASTAL PROGRAM AMENDMENT TO INCREASE THE ALLOWED HABITABLE LEVELS OF ANY BUILDING WITHIN PLANNING AREA 5 FROM 3 LEVELS TO 4 LEVELS DEPT. DIRECTOR (jlP^ MTG. 5/5/2015 ADOPT AN ORDINANCE APPROVING AN AMENDMENT TO THE CARLSBAD RANCH SPECIFIC PLAN AND ADOPT A RESOLUTION APPROVING A LOCAL COASTAL PROGRAM AMENDMENT TO INCREASE THE ALLOWED HABITABLE LEVELS OF ANY BUILDING WITHIN PLANNING AREA 5 FROM 3 LEVELS TO 4 LEVELS CITY ATTORNEY DEPT. CED ADOPT AN ORDINANCE APPROVING AN AMENDMENT TO THE CARLSBAD RANCH SPECIFIC PLAN AND ADOPT A RESOLUTION APPROVING A LOCAL COASTAL PROGRAM AMENDMENT TO INCREASE THE ALLOWED HABITABLE LEVELS OF ANY BUILDING WITHIN PLANNING AREA 5 FROM 3 LEVELS TO 4 LEVELS CITY MANAGER RECOMMENDED ACTON: Adopt Ordinance No. CS-274 approving Specific Plan Amendment SP 207(J) and adopt Resolution No. 2015-113 approving Local Coastal Program Amendment LCPA 14-02 to increase the allowed number of levels from three to four for the habitable portions of buildings within Carlsbad Ranch Specific Plan Planning Area 5 and within Local Facilities Management Zone 13 as recommended by the Planning Commission. ITEM EXPLANATION: Project Planning Commission City Council SP 207(J) RA X LCPA 14-02 RA X RA = Recommended Approval X = Final city decision-making authority On March 18, 2015 the Planning Commission recommended approval (6-1), Commissioner Scully opposing, of SP 207{J) and LCPA 14-02 to allow four levels of habitable floor space versus the currently allowed three levels within the permitted building height of 35 feet or 45 feet if approved by the City Council. The revision to allow four levels of habitable space will not result in an increase in the total number of rooms allowed within Planning Area 5 since the maximum number of rooms are already regulated by the Specific Plan and limited to 700. Approval of the request will create opportunities for more design flexibility, greater room density per building, and potentially better visual access to the coast from upper level rooms. As recommended, an approval of four levels of habitable floor area requires a positive City Council action through approval of a Site Development Plan. This is the same approval process required for the approval of developing buildings at the maximum habitable height allowed of 45 feet. Text changes are shown in the "Planning Area 5" exhibit attached to the City Council draft ordinance. Three speakers at the Planning Commission hearing opposed the request stating a concern that an approval will set a precedent that will lead to an erosion of Carlsbad's small beach town character. FISCAL IMPACT: No fiscal impacts to the city have been identified. All required improvements and maintenance needed to serve Planning Area 5 will be funded by and/or constructed by the developer. DEPARTMENT CONTACT: Christer Westman 760-602-4614 christer.westmanPcarlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • Carlsbad Ranch Planning Area 5 April 21, 2015 Page 2 of 2 ENVIRONMENTAL IMPAa: The project is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Categorical Exemption for Minor Alterations in Land Use Limitations (Section 15305). No environmental review is required for the project. A Notice of Exemption will be filed by the City Planner upon project approval. PUBLIC NOTIFICATION: Information regarding public notifications of this item such as mailings, public hearing notices posted in the newspaper and on the city website are available in the Office of the City Clerk. EXHIBITS: 1. City Council Ordinance No. CS-274 2. City Council Resolution No. 2015-113 3. Location Map 4. Planning Commission Resolutions No. 7090 and 7091 5. Planning Commission Staff Report dated March 18, 2015 6. Draft excerpts of Planning Commission Minutes dated March 18, 2015 A-' 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 1 ORDINANCE NO. CS-274 AN ORDINANCE OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SPECIFIC PLAN AMENDMENT TO INCREASE THE ALLOWED NUMBER OF LEVELS FROM THREE TO FOUR FOR THE HABITABLE PORTIONS OF BUILDINGS WITHIN CARLSBAD RANCH SPECIFIC PLAN PLANNING AREA 5 LOCATED NORTH OF LEGOLAND CALIFORNIA, SOUTH OF CANNON ROAD, EAST OF LEGOLAND DRIVE, AND WEST OF THE CROSSINGS GOLF COURSE IN LOCAL FACILITIES MANAGEMENT ZONE 13 CASE NAME: CARLSBAD RANCH PLANNING AREA 5 CASE NO.: SP 207(J) The City Council ofthe City of Carlsbad, California, does ordain as follows: WHEREAS, the Carlsbad Ranch Specific Plan (SP 207) was originally adopted by City Council Ordinance No. NS-227 on March 16,1993 and has been amended several times and contains the uses, development standards and design for the development of the subject property; and WHEREAS. The Carlsbad Ranch Specific Plan is the implementing ordinance for this property which is in the Coastal Zone; and WHEREAS, the amendment is desirable to take advantage of the unique position of Planning Area 5 within the Carlsbad Ranch which is designated for commercial visitor serving uses; and WHEREAS, the City Council of the City of Carlsbad has reviewed and considered Specific Plan Amendment SP 207(J) for the Carlsbad Ranch Specific Plan; and WHEREAS, after procedures in accordance with requirements of law, the City Council has determined that the public interest indicates that said Specific Plan Amendment (SP 207(J)) be approved. NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as follows: 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 SECTION I: That SP 207(J), on file in the Planning Division, and incorporated herein by reference, is adopted. The Carlsbad Ranch Specific Plan shall constitute the development plan for the property and all development within the plan area shall conform to the plan. SECTION II: That the Carlsbad Ranch Specific Plan (SP 207), as amended to date, and further amended by Specific Plan Amendment 207(J), dated March 18, 2015, is approved. SECTION III: That Specific Plan Amendment 207(J) replaces text in the Carlsbad Ranch Specific Plan, as shown on attachment "PLANNING AREA 5." SECTION IV: That the findings and conditions of the Planning Commission in Planning Commission Resolution No. 7090 shall constitute the findings and conditions of the City Council. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the city clerk shall certify the adoption ofthis ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. (Notwithstanding the preceding, this ordinance shall not be effective until approved by the California Coastai Commission.) INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the day of , 2015, and thereafter. /// /// /// -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 PASSED AND ADOPTED at a regular meeting ofthe City Council ofthe City of Carlsbad on the day of , 2015, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attorney MATT HALL, Mayor ATTEST: BARBARA ENGLESON, City Clerk -3- ATTACHMENT "PLANNING AREA 5" F. PLANNING AREA 5 - RESORT A full-service destination resort is proposed on an approximately 52.8 acre parcel in the northeast corner ofthe Carlsbad Ranch. This resort will include up to 700 suites and will target the large group professional and business meeting market. These meetings typically combine business with recreation and are increasingly including family members of the business representative. The surrounding uses of Carisbad Ranch including LEGOLAND Carlsbad, golf course, and retail facilities and nearby beaches make this a particularly desirable meeting destination. Accommodations at the resort will generally be two-room suites integrated into the topography using terraced buildings and featuring ocean views, overiooking extensively landscaped open areas and courtyards. Elevated walkways may be used to connect resort buildings linking meeting facilities, suites, and a selection of dining experiences. A sports club may combine a fitness center and dining with an emphasis on healthy, light cuisine. This facility could provide sports medicine, tennis pro shop, weight training, racquetball, steam rooms, saunas and aerobics. The meeting and conference center will offer function space with the ability to mix and match agendas to accommodate groups from 10 to 2,700 guests. Adjacent gardens and landscaped terraces will provide additional meeting and function areas. Most resort facilities including the tennis center, sports club and dining will be designed to encourage use by the general public as well as the resort guest. Figure 46 on page 150 shows some of the planning features for the resort. A pedestrian/bike/golf cart trail shall be provided from the eastern portion ofthe golf course along the southerly edge of Planning Area 5 to provide a link from the specific plan golf course to the future City golf course to the east of the specific plan. The trail shall be designed as shown on Figure 52 on page 169. 1. DEVELOPMENT STANDARDS The following are specific development and design guidelines applicable to this Planning Area. However, Section III.A. GENERAL DEVELOPMENT STANDARDS AND DESIGN GUIDELINES beginning on page 63 contains additional development standards and design guidelines that are applicable to all Planning Area within this Specific Plan Amendment. a. Permitted Uses Hotels; Commercial Living Units (Timeshare) may be permitted by the City Council in conjunction with a hotel project; Carlsbad Ranch Specific Plan 156 SO' BLOG & LANDSCAPE SETBACK FROM R.O.W, PEDESTRIAN WALK (Wn-HIN R.O.W.) POINTE PKWY (PUBUC ROAD) GOLF COURSE PRIMARY ACCESS DRIVE GOLF CLUBHOUSE LOCATED ON RESORT SITE 'i-50' BLDG k LANDSCAPE SETBACK — —-SP-— TRAIL #28 PER CITY TRAIL PLAN BIKE PATH (WITHIN SETBACK) PEDESTRIAN WALK (WITHIN SETBACK) LEGOLAND PUNNING AREA * LOT LINE -20' BLDG & LANDSCAPE SCTBACK FROM R.O.W. .Jl.. OOLF CART gNDCF I i. . ^ 08 OVER CROSSIK '(cONHECTiOH wm POTTHTIAL rUTUW CITY COtF COURS LAND USE: RESORT NET PARCEL AREA: 52.80 ACRES DEVELOPWENT PROGRAM: DESTINATION RESORT HOTEL. 700 ROOMS. MEETING SPACE, RESTAURANTS, RECREATION AND ASSOCIATED FACILITIES: TOTAL 64.7,000 SF. Figure 46 PLANNING AREA S - RESORT 400' Accessory Uses - The following uses are permitted only as accessory uses to the resort. Retail related to the resort; Restaurants, not including drive-up or drive-in services; Health and Fitness Clubs; Daycare facilities for child care; Personal Services; Barbers, Beauty Shops, etc.; Art Galleries/Museums; Administrative and Business Offices for the resort; Bars and Nightclubs as a part of the resort or restaurant; Horse Stables - provided that all stables are located at least 40' from any building used for human habitation and 25' from any property line. In addition, Carisbad's Citywide Trail System must be revised to allow equestrian use ofthe portions ofthe trail adjacent to the resort. b. Building and Landscape Setbacks Building setbacks shall conform with the requirements of the Commercial Tourist (CT) Zone requirements (Chapter 21.29 ofthe Carlsbad Municipal Code) and the setback requirements of the Building Height Ordinance (Chapter 21.04 ofthe Carlsbad Municipal Code), which apply to the project as follows: Building and Landscape Setbacks - Front Yard on Cannon Road: 50 feet Front Yard on The Crossings Drive: 20 feet Rear or Side Yard from Golf Course or LEGOLAND Carisbad 50 feet Rear or Side Yard from Open Space 20 feet For building heights over 35 feet, see the building sotback requirements contained in Chapter III, Section A.1. BUILDING HEIGHT on page 63. c. Building Height Building heights shall conform to the building height standards ofthe City's Zoning Ordinance (Chapters 21.04 and 21.29.060 of the Carlsbad Municipal Code) except as modified in this section. The habitable portion of buildings shall not exceed a height of 35 feet and/or three levels, and allowed height protrusions as Carlsbad Ranch Specific Plan 158 described in CM.C. Section 21.46.020 shall not exceed 45 feet. Additional habitable building height may be permitted up to a maximum of 45 feet in height and/or four levels, in which case allowed height protrusions as described in CM.C. Section 21.46.020 shall not exceed 55 feet, through a Site Development Plan approved by the City Council provided that: a. All required setbacks shall be increased at a ratio of one horizontal foot for every one foot of vertical construction beyond 35 feet. The additional setback area will be maintained as landscaped open space; c. The building conforms to the requirements of Section 18.04.170 ofthe Carlsbad Municipal Code; and d. The allowed height protrusions as described in Section 21.46.020 of the Carlsbad Municipal Code (1) do not function to provide usable floor area; (2) do not accommodate and/or screen building equipment; (3) do not adversely impact adjacent properties; (4) are necessary to ensure a building's design excellence. d. Parking Standards The joint use of parking facilities is allowed within the resort based on the potential for shared/off-peak uses. Specific reductions in parking requirements shall be determined based on provisions set forth in Section 21.44.050(a)(4) ofthe Carlsbad Municipal Code. 2. DESIGN GUIDELINES a. Building Orientation The main building will be located near the resort entrance off Cannon Road. It will be oriented to provide views of Carisbad Ranch and the ocean beyond from a maximum number of suites. Likewise, the other lodging buildings will be sited on the steeper terrain to the south ofthe main building to maximize views. b. Architectural Character Carlsbad Ranch Specific Plan 159 All buildings shall reflect a Mediterranean vocabulary. Distinctive architectural features characteristic of this style such as courtyards, arcades, balconies, terraces, arches and arbors shall be encouraged to create richness and visual interest to the buildings. c. Building Materials Building materials should incorporate or be generally compatible with a Mediterranean architectural vocabulary and shall be durable and high quality. Exterior wall and roof colors should be of low intensity earth tones. The buildings should be predominantly stucco walls with sloping tile roofs. Other materials which are permitted as accents for exterior walls are ceramic tile, ornamental wrought iron, natural stone, decorative block, wood or other compatible natural building materials. d. Building Form and Massing The resort buildings shall be well articulated by changes in horizontal and vertical planes to reduce the appearance of bulk and create interesting building silhouettes. Features such as arches, loggias, balconies, elevated walkways and window and entry recesses will be used to provide additional visual interest and detail. e. Building Roof Tops Sloping roofs, varying roof heights and forms shall be used to provide interesting building silhouettes. Rooftop mechanical equipment shall be screened, enclosed and architecturally incorporated into visually interesting building tops. Carlsbad Ranch Specific Plan 160 0 3 EXHIBIT 2 RESOLUTION NO. 2015-113 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, 2 CALIFORNIA, APPROVING A LOCAL COASTAL PROGRAM AMENDMENT FOR THE CARLSBAD RANCH SPECIFIC PLAN SP 207(J) TO INCREASE THE ALLOWED NUMBER OF LEVELS FROM 4 THREE TO FOUR FOR THE HABITABLE PORTIONS OF BUILDINGS WITHIN CARLSBAD RANCH SPECIFIC PLAN PLANNING AREA 5 5 LOCATED NORTH OF LEGOLAND CALIFORNIA, SOUTH OF CANNON ROAD, EAST OF LEGOLAND DRIVE, AND WEST OF THE CROSSINGS GOLF COURSE WITHIN THE MELLO II SEGMENT OF 7 THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 13. 8 CASE NAME: CARLSBAD RANCH PLANNING AREA 5 CASE NO: LCPA 14-02 9 20 The City Council of the City of Carlsbad, California, does hereby resolve as 11 6 12 13 23 24 25 26 follows: WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on March 18, 2015, hold a duly noticed public hearing as prescribed by law to 14 consider a Local Coastal Program Amendment (LCPA 14-02), and adopted Planning Commission 15 Resolution No. 7091 recommending to the City Council approval of LCPA 14-02; and 16 17 18 19 20 WHEREAS, at said public hearing, upon hearing and considering all testimony and 21 arguments, if any, of all persons desiring to be heard, the City Council considered all factors 2^ relating to the Local Coastal Program Amendment. NOW, THEREFORE, the City Council of the City of Carlsbad, California does hereby resolve as follows: 1. That the above recitations are true and correct. WHEREAS, the City Council did on the _5th_ day of Mav 2015 hold a duly noticed public hearing as prescribed by law to consider the Local Coastal Program Amendment; and 27 2. That the findings and conditions of the Planning Commission as set forth in Planning Commission Resolution No. 7091 on file with the City Clerk and made a part hereof 28 by reference, constitute the findings ofthe City Council in this matter. 1 3. That the approval of LCPA 14-02 shall not become effective until it is approved by the California Coastal Commission and the California Coastal Commission's approval becomes effective. 6 9 17 18 19 20 23 24 25 26 27 28 "NOTICE TO APPLICANT" 2 3 4 „ The time within which judicial review ofthis decision must be sought is governed 5 by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the ninetieth day following the date on 7 which this decision becomes final; however, if within ten days after the decision becomes final a request for the record is filed with a deposit in an amount sufficient to cover the estimated 8 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 j^O 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. 11 " 12 13 14 /// /// /// 15 /// 16 /// /// /// /// 21 /// 22 /// /// /// /// /// -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 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the 5th day of May 2015, by the following vote to wit: AYES: NOES: Council Members Hall, Blackburn, Schumacher, Wood, Packard. None. ABSENT: None. ATTEST: BARBARA ENGLEIOW, City Clerk EXHIBIT 3 SITE MAP N NOT TO SCALE Carlsbad Ranch Planning Area 5 SP 207(J)/LCPA 14-02 14 1 EXHIBIT 4 PLANNING COMMISSION RESOLUTION NO. 7090 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A SPECIFIC 3 PLAN AMENDMENT TO INCREASE THE ALLOWED NUMBER OF LEVELS FROM THREE TO FOUR FOR THE HABITABLE PORTIONS OF BUILDINGS 4 WITHIN CARLSBAD RANCH SPECIFIC PLAN PLANNING AREA 5 LOCATED NORTH OF LEGOLAND CALIFORNIA, SOUTH OF CANNON ROAD, EAST OF 5 LEGOLAND DRIVE, AND WEST OF THE CROSSINGS GOLF COURSE IN LOCAL FACILITIES MANAGEMENT ZONE 13. CASE NAME: CARLSBAD RANCH PLANNING AREA 5 CASE NO.: SP 207(J) 12 13 14 15 16 17 18 19 20 WHEREAS, Grand Pacific Carlsbad, LP., "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as Parcel A of Boundary Adjustment 06-18, in the City of Carlsbad, County of San Diego, State of California, per Certificate of Compliance filed in ll the Office of the County Recorder of said county on October 6, 2006 as File No. 2006-0714868 ("the Property"); and WHEREAS, said verified application constitutes a request for a Specific Plan Amendment, on file in the Carlsbad Planning Division, CARLSBAD RANCH PLANNING AREA 5 - SP 207(J) as provided by SP 207 and Government Code Section 65453 and Chapter 21.52 of the Cadsbad Municipal Code; and WHEREAS, the proposed CARLSBAD RANCH PLANNING AREA 5 - SP 207(J) is set forth and attached in the draft City Council Ordinance, Exhibit "PLANNING AREA 5" dated, March 18, 2015, and attached hereto as CARLSBAD RANCH PLANNING AREA 5 - SP 207(J); and 21 WHEREAS, the Planning Commission did, on March 18, 2015, hold a duly noticed public 22 hearing as prescribed by law to consider said request; and 23 WHEREAS, at said public hearing, upon hearing and considering all testimony and 24 arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to 25 the Specific Plan amendment; and 26 WHEREAS, on March 16, 1993, the City Council approved SP 207, as described and 27 conditioned in Planning Commission Resolution No. 3840 and City Council Resolution Ordinance No. NS- 28 1 2 3 4 5 6 7 26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of CARLSBAD RANCH PLANNING AREA 5 - SP 207{J) based on the following findings and subject to the following conditions: Findings: 1. The proposed amendment as described by the Specific Plan (SP 207(J)) is consistent with the 8 provisions of the General Plan in that it will accommodate the development of tourist related commercial uses within the scope of services and facilities that are already available and/or ^ planned for the site. The proposed plan amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that it does not intensify the ultimate buildout of the site and all existing and/or planned services and facilities will continue to be available. All necessary public facilities are being provided concurrent with need, and adequate provisions have been provided to implement those portions of the capital improvement program applicable to the subject property. 10 11 12 13 14 The existing commercial tourist uses are appropriate in area, location, and overall design to the 25 purpose intended. The amended development standards are such as to create an environment of sustained desirability and stability. Such development will meet performance standards 25 established by this title. 17 5. The Specific Plan amendment does not change land use distribution within the specific plan area nor does it create new nonresidential uses, therefore surrounding areas continue to be 18 protected from any adverse effects from such development. 19 6. The streets and thoroughfares approved are suitable and adequate to carry the anticipated traffic thereon. 20 7. The area surrounding the development is planned and zoned in coordination and substantial 21 compatibility with the development. 22 8. That the City Planner 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, 23 and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15305 Minor Alterations to Land Use 24 Umitations of the state CEQA Guidelines. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 ofthe state CEQA Guidelines do not apply to 25 this project. Conditions: 1. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Specific Plan documentts) necessary to make them internally consistent PC RESO NO. 7090 -2- 28 1 „ and in conformity with final action on the project. Development shall occur substantially as 2 shown in the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3 This approval is granted subject to the approval of LCPA 14-02 and is subject to all conditions 4 contained in Planning Commission Resolution No. 7091 for that other approval incorporated herein by reference. 5 Prior to the issuance of any building permit implementing the amended segment of the 6 Specific Plan, the applicant shall submit to the City Planner a digital copy and a camera-ready master copy of the Carlsbad Ranch Specific Plan, in addition to the required number of bound copies. NOTICE 7 8 9 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, 10 reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." 11 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), 12 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 13 bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 1'* 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 1^ 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. 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 7090 -3- 1 2 3 4 5 6 7 8 9 10 VI^;T0R]A SCULLY, Chairperson 11 CARLSBAD PLANNING COMMISSION 12 13 14 PASSED, APPROVED, AND ADOPTED at a regular meeting ofthe Planning Commission of the City of Carlsbad, California, held on March 18, 2015, by the following vote, to wit: AYES: Commissioners Black, L'Heureux, Montgomery, Segall and Siekmann NOES: Chairperson Scully ABSENT: Commissioner Anderson ABSTAIN: ATTEST: DON NEU City Planner 16 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 7090 -4- 1 PLANNING COMMISSION RESOLUTION NO. 7091 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF 3 CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE CARLSBAD LOCAL COASTAL PROGRAM TO 4 AMEND THE IMPLEMENTING ORDINANCE, CARLSBAD RANCH SPECIFIC PLAN, TO INCREASE THE ALLOWED NUMBER OF LEVELS FROM THREE 5 TO FOUR FOR THE HABITABLE PORTIONS OF BUILDINGS WITHIN CARLSBAD RANCH SPECIFIC PLAN PLANNING AREA 5 LOCATED NORTH ^ OF LEGOLAND CALIFORNIA, SOUTH OF CANNON ROAD, EAST OF LEGOLAND DRIVE, AND WEST OF THE CROSSINGS GOLF COURSE IN LOCAL FACILITIES MANAGEMENT ZONE 13 AND THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM CASE NAME: CARLSBAD RANCH PLANNING AREA 5 CASE NO: LCPA 14-02 25 26 27 28 ("the Property"); and 10 WHEREAS, California State law requires that the Local Coastal Program, General Plan, 11 and Zoning designations for properties in the Coastal Zone be in conformance; and 12 WHEREAS, Grand Pacific Carlsbad, L.P., "Developer/Owner," has filed a verified 13 application for an amendment to the Local Coastal Program Implementing Ordinance regarding 14 property described as 15 Parcel A of Boundary Adjustment 06-18, in the City of Carlsbad, County of San Diego, State of California, per Certificate of Compliance filed in 1^ the Office of the County Recorder of said county on October 6, 2006 as File No. 2006-0714868 17 18 29 WHEREAS, said verified application constitutes a request for a Local Coastal Program 20 Amendment as shown on Exhibit "PLANNING AREA 5" dated March 18, 2015, attached to draft City 21 Council Ordinance for SP 207(J), as provided in Public Resources Code Section 30514 and Section 13551 22 of California Code of Regulations Title 14, Division 5.5; and 23 WHEREAS, the Planning Commission did on March 18, 2015, hold a duly noticed public 24 hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Local Coastal Program Amendment; and 1 2 3 4 5 6 7 8 WHEREAS, State Coastal Guidelines requires a six-week public review period for any amendment to the Local Coastal Program. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carisbad, as follows: A) That the foregoing recitations are true and correct. B) At the end of the State-mandated six-week review period, starting on January 28, 2015 and ending on March 11, 2015, staff shall present to the City Council a summary of the comments received. 9 C) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of CARLSBAD RANCH PLANNING AREA 5 - LCPA 14-02 10 based on the following findings, and subject to the following condition: 11 Findings: 12 1. That the proposed Local Coastal Program Amendment meets the requirements of, and is in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies of the 13 MELLO II segment of the Carlsbad Local Coastal Program not being amended by this amendment, in that no physical changes to an existing approved development project are 14 being requested and therefore no impact to coastal resources or applicable coastal zone policies will be affected. 15 That the Local Coastal Program Amendment is required since the implementing ordinance for 1^ the Carlsbad Ranch Planning Area 5 is amended by SP 207(J). 17 Conditions: 1^ 1. This approval is granted subject to the approval of SP 207(J) and is subject to all conditions contained in Planning Commission Resolution No. 7090 for that other approval incorporated 1^ herein by reference. 20 21 22 23 24 25 26 27 28 PC RESO NO. 7091 -2- 1 2 3 4 5 6 7 8 9 10 VI^ORI/ SCULLY, Chairperson 11 CARTS^D PLANNING COMMISSION 12 13 14 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on March 18, 2015, by the following vote, to wit: AYES: Commissioners Black, L'Heureux, Montgomery, Segall and Siekmann NOES: Chairperson Scully ABSENT: Commissioner Anderson ABSTAIN: ATTEST: DON NEU 15 City Planner 16 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 7091 -3- The City of Carlsbad Planning Division EXHIBIT 5 A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: March 18, 2015 Application complete date: March 18, 2015 Project Planner: Christer Westman Project Engineer: Tecia Levy SUBJECT: SP 207(J)/LCPA 14-02 - CARLSBAD RANCH PLANNING AREA 5 - Request for a recommendation of approval of a Specific Plan Amendment and Local Coastal Program Amendment to increase the allowed number of levels from three to four for the habitable portions of buildings within Carlsbad Ranch Specific Plan Planning Area 5 located north of Legoland California, south of Cannon Road, east of Legoland Drive, and west of the Crossings golf course in Local Facilities Management Zone 13. The City Planner 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 15305, Minor Alteration in Land Use Limitations, ofthe State CEQA Guidelines. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 7090 and 7091 RECOMMENDING APPROVAL of Specific Plan Amendment SP 207(J) and Local Coastal Program Amendment LCPA 14-02 based on the findings and subject to the conditions contained therein. II. PROJEa DESCRIPTION AND BACKGROUND Proiect Site/Setting: Carlsbad Ranch is an approximately 448 acre property located north of Palomar Airport Road, south of Cannon Road, east of Paseo Del Norte, and west ofthe Crossings golf course. The Carisbad Ranch is divided into 9 Planning Areas within the Carlsbad Ranch Specific Plan that was originally adopted by the City Council in 1993. Nearly all of the Planning Areas have been built out including the Carlsbad Flower Fields, Carlsbad Premium Outlets, Legoland California, multiple office buildings, Grand Pacific Palisades Resort, Mar Brisa Resort, and Sheraton Carlsbad Resort. Planning Area 5 is approximately 53 acres in size and developed with the Mar Brisa and Sheraton Carlsbad Resorts. Each of those developments have yet to be fully constructed with approximately 1/3 of the projects pending issuance of building permits. Table A below includes the General Plan designations, zoning and current land uses of the Planning Area 5 portion ofthe Carlsbad Ranch project site and surrounding properties. TABLE A Location General Plan Designation Zoning Current Land Use Site Travel Recreation (TR) Commercial Tourist (C-T-Q) Mar Brisa/Sheraton Carlsbad North Open Space (OS) Open Space (OS) Undeveloped South Travel Recreation (TR) Commercial Tourist (C-T-Q) Legoland Carlsbad East Open Space (OS) Open Space (OS) The Crossings golf course West Open Space (OS) Travel Recreation (TR) Open Space (OS) Commercial Tourist (C-T-Q) Vacant SP 207(J)/LCPA 14-02 - CARLSBAD RANCH PLANNING AREA 5 March 18, 2015 Page 2 Background: Both the Mar Brisa and Sheraton Carlsbad Resort development have been operating successfully. They were both constructed pursuant to the currently applicable development standards which allow up to three levels of habitable floor area within a building height of up to 45 feet. However, as each phase is constructed, operational and physical shortfalls are identified and adjustments are made to create a better resort experience for those visiting Carlsbad. One of the most requested amenities at these resorts is a view ofthe ocean from a room on an upper floor. The project applications include both a Specific Plan Amendment and a Local Coastal Program Amendment. The Specific Plan Amendment is required to change the text ofthe plan as requested. The Local Coastal Program Amendment is required because the Carisbad Ranch Specific Plan is the implementing ordinance for this property which is in the Mello II segment ofthe Carisbad Local Coastal Program. Any amendment to the Carisbad Ranch Specific Plan requires concurrence by the Coastal Commission through a Local Coastal Program Amendment Proposed Proiect: As requested by the owner of the Mar Brisa and Sheraton Carlsbad Resorts, the project is an amendment to the Planning Area 5 development standards of the Carlsbad Ranch Specific Plan to allow four levels of habitable floor space versus the currently allowed three levels within the permitted building height of 35 feet or 45 feet if approved by the City Council. This revision to allow four levels of habitable space will not result in an increase in the total number of rooms allowed within Planning Area 5 since the maximum number of rooms are already regulated by the Specific Plan and limited to 700. Approval of the request will create opportunities for more design flexibility, greater room density per building, and potentially better visual access to the coast from upper level rooms. As recommended, an approval of four levels of habitable floor area requires a positive City Council action through approval of a Site Development Plan. This is the same approval process required for the approval of developing buildings at the maximum height allowed of 45 feet. Text changes are shown in the "Planning Area 5" exhibit attached to the City Council draft ordinance. III. ANALYSIS The Carlsbad Ranch Specific Plan project was analyzed for consistency with the Carlsbad General Plan, Mello II Segment of the Carlsbad Local Coastal Program, Commercial Tourist Zone (CM.C. 21.29), and Growth Management Ordinance (CM.C. 21.90) when it was reviewed and approved by the Planning Commission and City Council in 1993. The extent ofthe action being requested is a modification to the existing Planning Area 5 development standards. No aspect of the continued development of Carlsbad Ranch Planning Area 5, other than the number of allowable habitable levels, will be changed that could have an altering effect on the Mar Brisa and Sheraton Resorts' consistency with the General Plan, Mello II Segment ofthe Local Coastal Program, or Growth Management Ordinance. The current development standards allow a habitable building height up to 45 feet and height protrusions up to 55 feet subject to approval of a Site Development Plan by the City Council. These existing development standards establish a maximum envelope for buildings within Planning Area 5. A modification to the development standards to allow four habitable levels within that envelope versus 3 habitable levels will not change any of the already approved physical limits of the site such as building bulk, number of hotel and/or timeshare rooms, required parking, circulation, or allowed land uses. Since all other aspects of Planning Area 5 approvals remain as they exist including densities, lot coverage and building height, the project is consistent with the general plan, and complies with all applicable provisions of the Mello II Segment of the Local Coastal Program. SP 207(J)/LCPA 14-02 - CARLSBAD RANCH PLANNING AREA 5 March 18, 2015 Page 3 The proposed modification requires that each application of the standard is reviewed individually so that developments of 45 feet in height and 4 levels will still be regulated so as not to be detrimental to existing or permitted uses in the area. Because the development standard in question is limited to how the interior space of a building might be apportioned, the larger neighborhood, surroundings, traffic, public health, safety, and general welfare will not be adversely impacted. Staff supports the requested modification. IV. ENVIRONMENTAL REVIEW The project is exempt from the provisions ofthe California Environmental Quality Act (CEQA) pursuant to CEQA Categorical Exemption for Minor Alterations in Land Use Limitations (Section 15305). No environmental review is required for the project. A Notice of Exemption will be filed by the City Planner upon project approval. ATTACHMENTS: 1. Planning Commission Resolution No. 7090 (SP) 2. Planning Commission Resolution No. 7091 (LCPA) 3. Location Map 4. Disclosure Statement C Development Services City of DISCLOSURE STATEMENT Planning Division Carlsbad ( '''''' (760) 602-4610 www.carlsbadca.gov 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 submittal. 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. 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, titles, 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 publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person ^'"^ Stripe/David Brown Corp/Part ^^'"^"^ Pacific Carisbad, L.P. Title Co Presidents Title Address court ste. 200 Carisbad, CA 92008 AddrOSS Pasteur Court ste. 200 Carlsbad, CA 92008 2. 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, titles, addresses of all individuals owning more than 10% ofthe shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person ^'"^ Stripe/David Brown Corp/Part ^'"^"d Pacific Carisbad, L.P. Title Co Presidents Title Address Pasteur Court Ste. 200 Address ^900 Pasteur Court Ste. 200 Carisbad, CA 92008 Carisbad, CA 92008 p-1 (A) Page lof 2 Revised 07/10 3. NON-PROFIT ORGANIZATION 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 Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? I I Yes ^ No If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Signature of ownei|fdate Tim Stripe Tim Stripe Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent p-1 (A) Page 2 of 2 Revised 07/10 ^ EXHIBIT 6 Planning Commission Minutes March 18,2015 Page 2 Chairperson Scully asked Mr. Neu to introduce the first item and opened the public hearing on Agenda Item 1. 1 ZCA 12-01 (A) - DEVELOPMENT IMPACT FEE DEFERRAL PROGRAM AMENDMENT - A request for a recommendation of approval to amend Zoning Ordinance chapters 21.85 (Inclusionary Housing) and 21,90 (Growth Management) to make the deferral of development impact fees a permanent program and other minor program refinements. Mr, Neu stated Agenda Item 1 would normally be heard in a public hearing context; however, the project appears to be 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 a consent item. Staff would be available to respond to questions if the Commission or someone from the public wished to comment on Agenda Item 1. Chairperson Scully asked if any member ofthe audience wished to address Agenda Item 1, Seeing none, she opened and closed public testimony. MOTION ACTION: Motion by Commissioner L'Heureux and duly seconded by Commissioner Segall that the Planning Commission approve Agenda Item 1. VOTE: 6-0 AYES: Chairperson Scully, Commissioner Black, Commissioner L'Heureux, Commissioner Montgomery, Commissioner Segall, and Commissioner Siekmann NOES: None ABSENT: Commissioner Anderson ABSTAIN: None Chairperson Scully closed the public hearing on Agenda Item 1, asked Mr. Neu to introduce the next item, and opened the public hearing on Agenda Item 2. 2 SP 207(J)/LCPA 14-02 - CARLSBAD RANCH PLANNING AREA 5 - Request for a recommendation of approval of a Specific Plan Amendment and Local Coastal Program Amendment to increase the allowed number of levels from three to four for the habitable portions of buildings within Carlsbad Ranch Specific Plan Planning Area 5 located north of Legoland California, south of Cannon Road, east of Legoland Drive, and west of the Crossings golf course in Local Facilities Management Zone 13, The City Planner 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 15305, Minor Alteration in Land Use Limitations, of the State CEQA Guidelines. Mr. Neu introduced Agenda Item 2 and stated he would make the staff presentation. Commissioner L'Heureux stated that while he does not represent or have any financial impact with the applicant, he has in the past represented as an attorney the applicant's consultant, Hofman Planning & Engineering, Mr. Neu gave a brief presentation and stated he would be available to answer any questions. Chairperson Sully asked if there were any questions of staff. Commissioner Segall stated the City Council currently has the discretion to allow the building height to go up to 45 feet and asked if that has been allowed before, specifically on this project. Mr Neu stated there are a number of buildings within the Carlsbad Ranch Specific Plan that reach the higher limit. The height of buildings in Planning Area 5 currently reaches 40 feet; however, with this project, the maximum height limit is not being proposed to change. The proposal is to increase the number of levels that can be accommodated. ^' / Planning Commission Minutes March 18,2015 Page 3 Commissioner Siekmann asked if the LCPA is just for Planning Area 5. Mr, Neu stated that was correct. He added that many of the other non-residential zoning areas, such as the commercial zone, industrial zone, have the same height maximums but there is nothing in the municipal code limiting the number of levels. At one point, the municipal code did have that language however it was removed with some amendments as the city was focused on the height of buildings not the number of stories or levels. Commissioner L'Heureux asked if this project is approved, if it will increase the number of occupants or the density. Mr. Neu stated no. The proposal is more about the building design rather than intensity. Commissioner L'Heureux asked staff to explain how the 45 feet is measured, Mr. Neu stated that building height is measured, particularly when a project involves grading, from the new pad elevation and is measured to the tallest point of the structure. There are exceptions as to what can protrude above that height limit, such as elevator shafts, parapet walls, architectural towers or other such features. Those features can be built to a maximum height of 55 feet. If the parking can qualify as basement parking, it is not included in the building height or the number of stories or levels. The building height measurement starts at grade level. Commissioner Siekmann stated that because the number of rooms would stay the same, there would not be an increase in traffic. Mr. Neu stated that was correct. Commissioner Segall asked if by allowing more floors this will result in more open space. Mr Neu stated yes. Commissioner Segall commented that he is aware the city does not have a view ordinance and asked if this project would block any views. Mr, Neu stated no and there will be little impacts to the surrounding uses. Commissioner Segall inquired about the Park Hyatt and if it is 5 stories, Mr Neu stated that in reviewing plans for that project, it does appear that some portions of the building are 5 stories. Mr, Neu added that it does appear that that project followed the city's old method of measurement. If it was measured using the current method today, it would be 56 feet. Commissioner Montgomery asked about fire and fire safety and if the Fire Department had any issues with this project, Mr. Neu stated the Fire Department did review the project and did not have any issues. Mr. Neu added that the site development plan will go through the review process with the Building and Fire Divisions at which time issues can be discussed. Commissioner Black asked if there are other plans in the city for something similar to this project. Mr. Neu stated no. Commissioner Montgomery stated he is concerned about this project opening the door for future projects and for setting a precedent. He asked how staff views this and how this type of request can be isolated to this area, Mr. Neu commented that in reviewing the non-residential zones, he stated that those zones allow up to this requested height limit, with the exception of the C1 zone, without the limitation on the number of levels. The Commercial-Tourist zone, which is the undedying zone for this project, retained the restriction on the number of levels because areas in the northwest part of the city have older hotels nght next to the residential zones. There is still the provision that the site development plan would still need to be approved and part of those findings to address compatibility. Chairperson Scully asked if any of the hotels or buildings in this planning area are over 3 levels. Mr. Neu stated that in this particular planning area no buildings contain more than 3 levels; however some architectural projections are just over 40 feet. Chairperson Scully asked if there were any further questions of staff. Seeing none, she asked if the applicant wished to make a presentation. Bill Hofman, Hofman Planning & Engineering, 3156 Lionshead, Carlsbad, representing Grand Pacific Resorts, gave a brief presentation and stated he would be available to answer any questions. Chairperson Scully asked if there were any questions of the applicant. Commissioner Segall asked if the building will exceed the existing height limit of 35 feet. Mr. Hofman explained that they are just requesting to increase the number of allowed levels; they are not requesting an increase in the building height. Planning Commission Minutes March 18,2015 Page 4 Commissioner L'Heureux asked how increasing the number of levels to 4 would create more dining facilities and more gym space, Mr Hofman stated it still can be done now; however, they would like to retain the open space and keep the building layout as proposed with the same total building coverage. With keeping the 45 foot limit, the ceilings would be lower. They are requesting four levels for only a few buildings, not all of the buildings. Chairperson Scully asked if there were any other questions of the applicant. Seeing none, she opened public testimony on Agenda Item 2, Madeleine Szabo, 5338 Forecastle Court, Carlsbad, stated her concerns regarding taller buildings ruining the scenic and panoramic views. Mike Kroopkin, 2322 Masters Road, Carlsbad, commented that 4 stories is simply not going to work and stated his concerns about this project setting a precedence. He also stated his concern regarding fire safety. Alex Szabo, 5338 Forecastle Court, Carlsbad, stated the citizens of Carlsbad should all be advocates for keeping the small town beach feel and not the advocates for the vice president of finance or sales for the hotel chains who will then charge more for premium rooms. Chairperson Scully asked if there were any other members of the audience who wished to speak on the item. Seeing none, she closed public testimony and asked staff to respond to the issues raised. Mr. Neu stated the city does not have a view ordinance but the coastal plan maintains viewpoints from public locations or roadways. Staff felt this request is consistent with the policies of the General Plan Update in keeping a small town character. Mr. Neu did acknowledge a concern for setting a precedence; however many of the zones already allow for this number of levels or stories. He also added that the Fire Department does review projects and they will not support projects that do not meet the Fire Code. Chairperson Scully asked if the applicant wished to address any issues raised during public testimony, Mr Hofman stated no. Commissioner Montgomery stated one of the speakers commented that the project would not even meet the standards right off the bat. Mr, Hofman stated that the project will work with this proposal. Commissioner Segall asked if a site development plan would need to the approved if this item is approved tonight. Mr. Neu stated yes the Commission would have discretion with the site development plan as well as a coastal development permit. There are additional findings that need to be met to grant the additional height over 35 feet. The Commission would review the proposal and make a recommendation to the Council. Commissioner L'Heureux commented that currently an applicant can build a structure that is 35 feet, and it can be up to 45 feet at the discretion of the City Council. Under this revised language, he asked if the rule remains the same or if it becomes automatic. Mr. Neu stated it is the same rule. The only change is the additional wording and/or four levels" being added to the Specific Plan, The maximum height number or the process by which that is considered is not changing. DISCUSSION Commissioner Segall stated he can support the project as Planning Area 5 is good area to allow this increase to the four levels. He is not worried about this project setting a precedence because it is an isolated area, and he is not worried about any fire safety issues. Commissioner Segall commented that he likes the idea that this project will reduce the overall footprint and allow more open space. He stated he can support the project. Commissioner Montgomery stated he generally has concerns with projects asking for height increases but this project is not asking for that, however asking for an additional level could be precedent-setting. Commissioner Montgomery feels each project needs to be looked at on its own merit. He can approve the application for this particular site, but as future projects come fonward, he believes the Commission will need to scrutinize each project. j Planning Commission Minutes March 18,2015 Page 5 Commissioner Black stated he concurs with his fellow commissioners for all the reasons previously stated. He is concerned with setting a precedence but does not see an issue with this project as it only pertains to Planning Area 5. He stated he can support the project. Commissioner Siekmann thanked the community for speaking on the item. She stated the applicant is not asking for a height change. They are only asking for an additional floor within the same building height. She stated she can approve the project. Commissioner L'Heureux stated that the "envelope" is not changing and it is not changing the intensity. And because the building height is not changing, it will not be noticeable. Staff and City Council will need to be vigilant in reviewing future projects so this will not set any precedence. Commissioner L'Heureux commented that one of the benefits to the city is that it is an excellent project with a great track record. He stated he can support the project. Chairperson Scully stated she cannot support the project as the findings do not support the consistency with the surrounding areas. All of the hotels in the area offer those same amenities within 3 levels with an assortment of uses. While the 4th floor will provide ocean views, she feels it is not a necessity for the project to be successful. The product will still be a quality product with 3 levels. MOTION ACTION: Motion by Commissioner L'Heureux and duly seconded by Commissioner Segall that the Planning Commission adopt Planning Commission Resolutions No. 7090 and 7091 recommending approval of Specific Plan Amendment SP 207(J) and Local Coastal Program Amendment LCPA 14-02 based on the findings and subject to the conditions contained therein. VOTE: 5-1 AYES: Commissioner Black, Commissioner L'Heureux, Commissioner Montgomery, Commissioner Segall and Commissioner Siekmann NOES: Chairperson Scully ABSENT: Commissioner Anderson ABSTAIN: None Chairperson Scully closed the public hearing on Agenda Item 2 and thanked staff forthe presentation, COMMISSION COMMENTS None, CITY PLANNER COMMENTS None. CITY ATTORNEY COMMENTS None. ADJOURNMENT By proper motion, the Regular Meeting ofthe Planning Commission of March 18, 2015 was adjourned at 7:05 p.m. DON NEU City Planner Bridget Desmarais Minutes Clerk AFFIDAVIT OF MAILING NOTICE OF PUBLIC HEARING TO: CITYCLERK DATE OF PUBLIC HEARING: . S'/S'/fS SUBJECT: CkAdooJ^ Riaj\cfs PlonnCf^ A^^^gu- S" LOCATION: YaOD Gurldpod-y VdLxa^ brive^ • DATE NOTICES MAILED TO PROPERTY OWNERS: ^/^oZ/fS"- NUMBER MAILED: I declare under penalty of perjury under the laws of the State of Califomia that I am employed by the City of Carlsbad and the foregoing is true and correct. CITY CLERK'S OFFICE (Signature) SENT TO FOR PUBLI ' (Dafe) (Date) ION VIA E-MAIL TO: tQ^Union Tribune I I Coast News PUBLICATION DATE: Union Tribune, Coast News I declare under penalty of perjury under the laws of the State of Califomia that I am employed by the City of Carlsbad in the City Cleric's Office and the foregoing is true and correct. Date: ^//V//S' (Signature) Attachments: 1) Mailing Labels 2) Notice w/ attachments NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council ofthe City of Carlsbad will hold a public hearing at the Council Chamber, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday May 5, 2015, to consider approval of a Specific Plan Amendment and Local Coastal Program Amendment to increase the allowed number of levels from three to four for the habitable portions of buildings within Carisbad Ranch Specific Plan Planning Area 5 located north of Legoland California, south of Cannon Road, east of Legoland Drive, and west of the Crossings golf course in Local Facilities Management Zone 13 and more particularly described as: Parcel A of Boundary Adjustment 06-18, in the City of Carlsbad, County of San Diego, State of California, per Certificate of Compliance filed in the Office of the County Recorder of said county on October 6, 2006 as File No. 2006-0714868 Whereas, on March 18, 2015 the City of Carlsbad Planning Commission voted 5-1 (Scully) to recommendation of approval of a Specific Plan Amendment and Local Coastal Program Amendment to increase the allowed number of levels from three to four for the habitable portions of buildings within Carlsbad Ranch Specific Plan Planning Area 5 located north of Legoland California, south of Cannon Road, east of Legoland Drive, and west ofthe Crossings golf course in Local Facilities Management Zone 13. The City Planner 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 15305, Minor Alteration in Land Use Limitations, of the State CEQA Guidelines. 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 May 1, 2015. If you have any questions, please contact Christer Westman in the Planning Division at (760) 602-4614 or christer.westman@carlsbadca.gov. If you challenge the Specific Plan Amendment and/or Local Coastal Program Amendment 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's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: SP 207(J)/LCPA 14-02 CASE NAME: CARLSBAD RANCH PLANNING AREA 5 PUBLISH: April 24, 2015 CITY OF CARLSBAD CITY COUNCIL SITE MAP N NOT TO SCALE Carlsbad Ranch Planning Area 5 SP 207(J)/LCPA 14-02 Easy Peel® Labels , Use Avery® Template 5160® CARLSBAD UNIFIED SCHOOL DISTRICT 6225 EL CAMINO REAL CARLSBAD CA 92011 SAN DIEGUITO SCHOOL DISTRICT 710 ENCINITAS BLVD ENCINITAS CA 92024 CITY OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 CITY OF VISTA 200 CIVIC CENTER DR VISTA CA 92084 STATE OF CALIFORNIA DEPT OF FISH AND WILDLIFE 3883 RUFFIN RD SAN DIEGO CA 92123 SAN DIEGO LAFCO STE 200 9335 HAZARD WAY SAN DIEGO CA 92123 U.S, FISH & WILDLIFE STE 250 2177 SALKAV CARLSBAD CA 92011 CARLSBAD CHAMBER OF COMMERCE 5934 PRIESTLEY DR CARLSBAD CA 92008 CITY CLERK"S OFFICE 1200 CARLSBAD VILLAGE DR CARLSBAD, CA 92008 Bend along line to expose Pop-up Edge'"*' SAN MARCOS SCHOOL DISTRICT STE 250 255 PICO AV SAN MARCOS CA 92069 LEUCADIA WASTE WATER DISTRICT TIM JOCHEN 1960 LA COSTA AV CARLSBAD CA 92009 AVERY® 5160® CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 VALLECITOS WATER DISTRO 201 VALLECITOS DE ORO SAN MARCOS CA 92069 REGIONAL WATER QUALITY CONTROL BOARD STE 100 2375 NORTHSIDE DR SAN DIEGO CA 92108-2700 AIR POLLUTION CONTROL DISTRICT 10124 OLD GROVE RD SAN DIEGO CA 92131 CA COASTAL COMMISSION ATTN KAN AN I BROWN STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 MICHAEL MCSWEENEY - BIA SD STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 ENCINITAS SCHOOL DISTRICT 101 RANCHO SANTA FE RD ENCINITAS CA 92024 OLIVENHAIN WATER DISTRICT 1966 OLIVENHAIN RD ENCINITAS CA 92024 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 SD COUNTY PLANNING STE 110 5510 OVERLAND AV SAN DIEGO CA 92123-1239 SANDAG STE 800 401 B ST SAN DIEGO CA 92101 AIRPORT LfliND USE COMMISSION SAN DIEGO CO. AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 Etiquettes faciles h peler Utilisez le aabarit AVERY® S160® A Sens de Repliez a la hachure afin de , reveler le rebord POD-UD'"^ ' vvvtfw.avery.com 1-800'GO-AVERY 091-8/091-S® OSAB 8|q!}EdLU00 luui Z9 x luiu gs iBuiJOi ap GBsnbiH 09 i.8/09 I-S® AJ8AV miM siqpdLUOO „8/9 2 X „ 1.9Z!S |8qB| LEGOLAND CALIFORNIA LLC LF P] 1209 N ORANGE ST WILMINGTON, DE 19801-1120 RUBYS DINER LF CPG CARLSBAD I PO BOX 6120 INDIANAPOLIS, IN 46206-6120 LEGOLAND CALIFORNIA LLC LF Pl PO BOX 543185 DALLAS, TX 75354-3185 BARBARA & EXXONMOBILCORP WINI PO BOX 53 HOUSTON, TX 77001-0053 COLE OFC CARLSBAD CA LP 2325 E CTMyiELBACK RD 1100 PHOENIX, AZ 85016-9078 HRA PALOMAR PLACE LP 2999 N 44TH ST 400 PHOENIX, AZ 85018-7251 NEW SPARK HOLDINGS INC 580 SILVER SPUR RD ROLLING HILLS, CA 90275-3614 PALOMAR & CO 5850 AVENIDA ENCINAS CARLSBAD, CA 92008-4465 NATIONAL ASSN OF MUSIC MERCHJ 57 90 ARMADA DR CARLSBAD, CA 92008-4 608 BARBARA WINTER 5750 FLEET ST 120 CARLSBAD, CA 92008-4709 GRAND PACIFIC PALISADES HOTEI 5900 PASTEUR CT 200 CARLSBAD, CA 92008-7336 GRAND PACIFIC LAND HOLDINGS 5900 PASTEUR CT 200 CARLSBAD, CA 92008-7336 CARLSBAD RANCH CO 78% 7220 AVENIDA ENCINAS 204 CARLSBAD, CA 92011-4661 STELLAR PROPERTIES LLC 6030 AVENIDA ENCINAS 220 CARLSBAD, CA 92011-1062 GRODY PROPERTIES LLC 6211 BEACH BLVD BUENA PARK, CA 90621-2307 HOEHN J L R LLC LF SHARP FAMI 5550 PASEO DEL NORTE CARLSBAD, CA 92008-4428 GEMOLOGICAL INSTITUTE OF AMEI 534 5 ARMADA DR CARLSBAD, CA 92008-4602 LOT 15 CARLSBAD RANCH LLC 5800 ARMADA DR 102 CARLSBAD, CA 92008-4611 GRAND PACIFIC CARLSBAD 5900 PASTEUR CT 200 CARLSBAD, CA 92008-7336 GRAND PACIFIC CARLSBAD 5900 PASTEUR CT 200 CARLSBAD, CA 92008-7336 GREEK VILLAGE LLC 6030 PASEO DEL NORTE CARLSBAD, CA 92011-1114 HOEHN ENTERPRISE I LLC PO BOX 789 CARLSBAD, CA 92018-0789 OPT & SC TITLE HOLDING CORP 3250 VISTA DIEGO RD JAMUL, CA 91935-2014 CARLSBAD RANCH MAINTENANCE Ai 5600 AVENIDA ENCINAS 100 CARLSBAD, CA 92008-4452 GEMOLOGICAL INSTITUTE OF AMEI 5345 ARMADA DR CARLSBAD, CA 92008-4602 GRAND PACIFIC PALISADES OWNEI 5900 PASTEUR CT 200 CARLSBAD, CA 92008-7336 GRAND PACIFIC CARLSBAD HOTEL 5900 PASTEUR CT 200 CARLSBAD, CA 92008-7336 C B RANCH ENTERPRISES 7220 AVENIDA ENCINAS 204 CARLSBAD, CA 92011-4 661 STELLAR PROPERTIES LLC 6030 AVENIDA ENCINAS 240 CARLSBAD, CA 92011-1063 HOEHN ASSOCIATES LLC PO BOX 789 CARLSBAD, CA 92018-0789 label size 1" x 2 5/8" compatible with Avery ®5160/8160 Ftlniifittfi fiR fnrmat ?fi mm x fi7 mm nnmnatlble avec Averv ®5160/8160 091-8/09 LS® '^•laAV 08AE aiqiiBdoioo aiai Z9 x LUUI gz IBLUJOJ ep spnbua 091-8/09LS® AjeAV q}!M siqpduioo ,.8/S 2 X „|. azjs i9qB| HOEHN GROUP LLC PO BOX 789 CARLSBAD, CA 92018-0789 CARLSBAD RTiNCH RESTAURANT CO PO BOX 4068 CARLSBAD, CA 92018-4068 WINTER 6020 LLC 44 01 MANCHESTER AVE 20 6 ENCINITAS, CA 92024-7904 SALTAIRE AT CARLSBAD HOMEOWNI 214 6 ENCINITAS BLVD 102 ENCINITAS, CA 92024-4371 STELLAR PROPERTIES LLC PO BOX 8 681 RANCHO SANTA , CA 92067-8681 SEABRIGHT CARLSBAD HOMEOWNERS 438 CAMINO DEL RIO 112B SAN DIEGO, CA 92108-3546 REKAB PROPERTIES 591 CTUyiINO DE LA REINA 1100 SAN DIEGO, CA 92108-3113 OCEAN RIDGE OFFICE CORP 4747 EXECUTIVE DR 900 SAN DIEGO, CA 92121-3113 HELIX LAND CO LTD PO BOX 15453 SAN DIEGO, CA 92175-5453 BRIAD RESTAURANT GROUP LLC LI 1800 E IMPERIAL HWY 205 BREA, CA 92821-6074 BRUCE BARTLETT PO BOX 300455 ESCONDIDO, CA 92030-0455 ROBERT H & DORIS BROOKING 375 SKYLINE DR VISTA, CA 92084-5731 REKAB PROPERTIES 591 CAMINO DE LA REINA 1100 SAN DIEGO, CA 92108-3113 M 6747 FRIARS RD 130 SAN DIEGO, CA 92108-1177 TOWNSEND PO BOX 8164 RANCHO SANTA CA 92067-8164 S S G T H LLC 4747 EXECUTIVE DR 900 SAN DIEGO, CA 92121-3113 BRUCE BARTLETT PO BOX 927065 SAN DIEGO, CA 92192-7065 DRAWBRIDGE PACIFIC VIEW CORP 3 EMBARCADERO CTR 2310 SAN FRANCISCO, CA 94111-4039 0 T 9 OWNER LLC 450 B ST 400 SAN DIEGO, CA 92101-8802 REKAB PROPERTIES 591 CAMINO DE LA REINA 1100 SAN DIEGO, CA 92108-3113 J C M TOM CO II LLC 1524 DORCAS ST SAN DIEGO, CA 92110-1515 BARBARA WINTER 6725 MESA RIDGE RD 218 SAN DIEGO, CA 92121-2925 CENTER FOR NATURAL LANDS MANJ 27258 VIA INDUSTRIA B TEMECULA, CA 92590-3751 COSTCO WHOLESALE CORP 999 LAKE DR ISSAQUAH, WA 98027-8990 FLEET PACIFIC RIDGE LLC 1301 5TH AVE 3100 SEATTLE, WA 98101-2649 *** 55 Printed *** I label Size 1"x 2 5/8" compatible With Avery ®5160/8160 C+iriiioHo fia -frtrmat OK mm v fi7 mm nnmnntihlo awpp Avon/ ©filRfi/filRn PROOF OF PUBLICATION (2010 & 2011 CC-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 UT - North County Formerly known as the North County Times and which newspaper has been adjudicated as a newspaper 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 numbers 171349 & 172171, 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: April 24*^ 2015 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Oceanside, California On This 24*^ day April, 2015 Jane Allshouse UT NORTH COUNPi' Legal Advertising Proof of Publication of NOTICE OP PUBLIC HEARING INOTICE IS HEREBY GIVEN to vou, because your in-fterest may be affected, that ttie City Council of ttie City of Carlsbad will tiold a public hearing at the Coun- cil Chamber, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday May 5, 2015, to consider ap- proval of a Specific Plan Amendment and Local Coastal Pro-gram Amendment to increase the allowed number of levels from three to four for the habitable portions of buildings within Cartsbad Ranch Specific Plan Planning Area 5 located north of Legoland California, south of Cannon Road, east of Legoland Drive, and west of the Crossings golf course in Local Facilities Management Zone 13 and more particularly described as: Parcel A of Boundary Adiustment 06-18, in the City of Carlsbad, County of San Diego, State of California, per Certificate of Compliance filed in the Office of the County Recorder of said county on October 6, 2006 as File No. 2006-071486B Whereas, on March 18, 2015 the City of Carlsbad Planning Com-mission voted 5-1 (Scully) to recommendation of approval of a Specific Plan Amendment and Local Coastal Program Amend-ment to increase the allowed number of levels from three to four for the habitable portions of buildings within Carlsbad Ranch Specific Plan Planning Area 5 located north of Legoland Califor- nia, south of Cannon Road, east of Legoland Drive, and west of the Crossings golf course in Local Facilities Management zone 13. The City Planner has determined that the proiect belongs to a class of proiects 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 Sec-tion 15305, Minor Alteration in Land Use Limitations, of the State CEQA Guidelines. Those persons wishing to speak on this proposal are cordially in-vited to attend the public hearing. Copies of the agenda bill will be available on and after May 1, 2015. If you have any questions, please contact Christer Westman in the Planning Division at (760) 602-4614 or christer.westman@carlsbadca.gov . If you challenge the Specific Plan Amendment and/or Local Coastal Program Amendment in court, you may be limited to raising only those issues you or someone else raised at the pub-lic hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Corlsbad, CA 92008, at or prior to the public hearing. CASE FILE: SP 207(J)/LCPA 14-02 CASE NAME: CARLSBAD RANCH PLANNING AREA5 CITY OF CARLSBAD CITY C0UNC1L.__. _^ PUb: 4/24/15 Carlsbad Ranch Planning Area 5 SP 207(J)/LCPA 14-02 Christer Westman, Senior Planner Location Map GRAND PAC IF IC DRLEGOLAND DRCANNO N R D MARBRISA CRDRAK E W Y 0 400200 Feet ISP 207(J) / LCPA 14-02 Carlsbad Ranch Planning Area 5 Carlsbad Ranch Planning Area 5 •Existing General Development Standard: –Buildings shall not exceed 35 feet in height/3 levels unless 45 feet in height approved by City Council. •Proposed Planning Area 5 Development Standard: –The habitable portion of buildings shall not exceed a height of 35 feet and/or three levels,and allowed height protrusions as described in C.M.C.Section 21.46.020 shall not exceed 45 feet.Additional habitable building height may be permitted up to a maximum of 45 feet in height and/or four levels,in which case allowed height protrusions as described in C.M.C.Section 21.46.020 shall not exceed 55 feet,through a Site Development Plan approved by the City Council. Recommendation That the City Council INTRODUCE Ordinance No. CS-274 and APPROVE Resolution No.2015-113 APPROVING Specific Plan Amendment SP 207(J) and Local Coastal Program Amendment LCPA 14- 02 based on the findings and subject to the conditions contained therein.