HomeMy WebLinkAbout2003-01-15; Planning Commission; Resolution 53541
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PLANNING COMMISSION RESOLUTION NO. 5354
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT AMENDMENT TO ALLOW THE
CONSTRUCTION AND OCCUPATION OF AN
APPROXIMATELY 42,447 SQUARE FOOT BALLROOM AND
A RECONSTRUCTION OF THE SURROUNDING PARKING
AREAS FOR THE LA COSTA RESORT AND SPA ON
PROPERTY GENERALLY LOCATED EAST OF EL CAMINO
REAL, BETWEEN ARENAL ROAD AND COSTA DEL MAR
ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 6.
CASE NAME: LA COSTA RESORT AND SPA BALLROOM
CASE NO.: CUP 258(C)
WHEREAS, KSL Development Corp, “Developer/Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
A portion of Section 26 and 35 both in Township 12 South,
Range 4 West, San Bernardino Meridian, in the City of
Carlsbad, County of San Diego, State of California, according
to the Official Plat thereof
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit Amendment as shown on Exhibits “A” - “L” dated January 15, 2003, on file in the
Carlsbad Planning Department LA COSTA RESORT AND SPA BALLROOM, as provided
by the conditions of approval of CUP 258, CUP 258(A), and CUP 258(B) and Chapter 2 1.42 of
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 15th day of January, 2003,
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the CUP amendment.
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WHEREAS, on April 17, 1991, the Planning Commission approved CUP
258(B), as described and conditioned in Planning Commission Resolution No. 3217.
WHEREAS, on September 16,1987, the Planning Commission approved CUP
258(A), as described and conditioned in Planning Commission Resolution No. 2678.
WHEREAS, on October 10, 1984, the Planning Commission approved CUP
258, as described and conditioned in Planning Commission Resolution No. 2366.
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
APPROVES LA COSTA RESORT AND SPA BALLROOM - CUP 258(C)
based on the following findings and subject to the following conditions:
Findings:
1. That the requested use is necessary or desirable for the development of the community, is
essentially in harmony with the various elements and objectives of the General Plan, and
is not detrimental to existing uses specifically permitted in the zone in which the
proposed use is located, in that the proposed ballroom adds to the services available
through the resort, is consistent with the Travel Recreational Commercial land use
designation, and is compatible with the surrounding resort and spa uses.
2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that the ballroom and associated parking, vehicular circulation, and landscaping can
fit within the boundaries of the developed portion of the resort.
3. That all the yards, setbacks, walls, fences, landscaping, and 'other features necessary to
adjust the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that the proposed development includes additional
landscaping along the eastern frontage of El Camino Real to provide for visual
screening of the proposed building from public views and setback 240 feet from the
El Camino Real right-of-way.
4. That the street system serving the proposed use is adequate t4 properly handle all traffic
generated by the proposed use, in that the proposed development would generate 476
average daily trips which can be accommodated by thd existing local streets of
Estrella de Mar and Costa del Mar, as well as the major arterial roadway of El
Camino Real.
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5. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 6 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
Specifically,
a. The project has been conditioned to provide proof from the Carlsbad Unified
School District that the project has satisfied its obligation for school facilities.
b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
6. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
7. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to grading or
building permit, whichever occurs first.
1. If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Conditional Use Permit Amendment.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Conditional Use Permit Amendment documents, as necessary
to make them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Conditional Use Permit
Amendment, (b) City’s approval or issuance of any permit or action, whether
discretionary or non-discretionary, in connection with the use contemplated herein.
Developer shall submit to Planning Department a reproducible 24” x 36,” mylar copy of
the Site Plan reflecting the conditions approved by the final decision making body.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 6 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis
to determine if all conditions of this permit have been met and that the use does not have
a substantial negative effect on surrounding properties or the public health and welfare. If
the Planning Director determines that the use has such substantial negative effects, the
Planning Director shall recommend that the Planning Commission, after providing the
permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
substantial negative effects.
This Conditional Use Permit is granted for a period of ten (10) years from January 15,
2003 to January 14, 2013. This permit may be revoked at any time after a public
hearing, if it is found that the use has a substantial detrimental effect on surrounding land
uses and the public’s health and welfare, or the conditions imposed herein have not been
met. This permit may be extended for a reasonable period of time not to exceed ten (10)
years upon written application of the permittee made no less than 90 days prior to the
expiration date. The Planning Commission may not grant such extension, unless it finds
that there are no substantial negative effects on surrounding land uses or the public’s
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health and welfare. If a substantial negative effect on surrounding land uses or the
public’s health and welfare is found, the extension shall be denied or granted with
conditions which will eliminate or substantially reduce such effects. There is no limit to
the number of extensions the Planning Commission may grant.
This approval is granted subject to the approval of SUP 02-08 and is subject to all
conditions contained in Planning Commission Resolution No. 5355 for that other
approval are incorporated by reference herein.
This approval shall become null and void if building permits are not issued for this
project within 18 months from the date of project approval.
Developer is aware that the City is preparing a non-residential housing impact fee
(linkage fee) consistent with Program 4.1 of the Housing Element. The applicant is
further aware that the City may determine that certain non-residential projects may have
to pay a linkage fee, in order to be found consistent with the Housing Element of the
General Plan. If a linkage fee is established by City Council ordinance and/or resolution
and this project becomes subject to a linkage fee pursuant to said ordinance andor
resolution, then the Developer, or hisherltheir successor(s) in interest shall pay the
linkage fee. The linkage fee shall be paid at the time of issuance of building permits,
except for projects involving a request for a non-residential planned development for an
existing development, in which case, the fee shall be paid on approval of the final map,
parcel map or certificate of compliance, required to process the non-residential PUD,
whichever pertains. If linkage fees are required for this project, and they are not paid, this
project will not be consistent with the General Plan and approval for this project will
become null and void.
Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City’s Landscape Manual. Developer shall construct and install all landscaping as
shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
condition, free from weeds, trash, and debris.
The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on file in the Planning Department and accompanied by the
project’s building, improvement, and grading plans.
This project shall comply with all conditions required as part of the approved Conditional
Use Permit (CUP 258(B)) as contained in Planning Commission Resolution No. 3217
except Condition No. 7 which is replaced by Condition No. 11 above and Condition No.
9 which has been satisfied.
This project shall comply with all conditions required as part of the approved Conditional
Use Permit (CUP 258(A)) as contained in Planning Commission Resolution No. 2678
except Condition No. 6 which is replaced by Condition No. 11.
This project shall comply with all conditions required as part of the approved Conditional
Use Permit (CUP 258) as contained in Planning Commission Resolution No.2366 except
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Condition No. 12 which is replaced by Condition No. 11 above and Conditions No. 2,3,
5,6,7,10,13,14, and 15 which have been satisfied.
All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed fi-om view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Planning.
Developer shall report, in writing, to the Planning Director within 30 days, any address
change from that which is shown on the permit application.
Prior to the issuance of the grading or building permit, whichever occurs first,
Developer shall submit to the City a Notice of Restriction to be filed in the office of the
County Recorder, subject to the satisfaction of the Planning Director, notifylng all
interested parties and successors in interest that the City of Carlsbad has issued a
Conditional Use Permit Amendment and Special Use Permit - Scenic Corridor by
Resolutions No. 5354 and 5355 on the property. Said Notice of Restriction shall note the
property description, location of the file containing complete project details and all
conditions of approval as well as any conditions or restrictions specified for inclusion in
the Notice of Restriction. The Planning Director has the authority to execute and record
an amendment to the notice which modifies or terminates said notice upon a showing of
good cause by the Developer or successor in interest
Developer shall construct trash receptacle and recycling areas enclosed by a six-foot high
masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal
Code Chapter 21.105. Location of said receptacles shall be approved by the Planning
Director. Enclosure shall be of similar colors andor materials to the project to the
satisfaction of the Planning Director.
No outdoor storage of materials shall occur onsite unless required by the Fire Chief.
When so required, the Developer shall submit and obtain approval of the Fire Chief and
the Planning Director of an Outdoor Storage Plan, and thereafter comply with the
approved plan.
Developer shall submit and obtain Planning Director approval of an exterior lighting plan
including parking areas. All lighting shall be designed to reflect downward and avoid any
impacts on adjacent homes or property.
Prior to occupancy of the ballroom building, the developer shall enhance the
existing landscaping along the eastern frontage of El Camino Real to visually screen
the proposed structure from public views, to the satisfaction of the Planning
Director.
Enpineering:
27. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
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Prior to issuance of any building permit, Developer shall comply with the requirements of
the City’s anti-graffiti program for wall treatments if and when such a program is
formally established by the City.
Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City’s standard form Drainage Hold Harmless Agreement regarding
drainage across the adjacent property.
No grading for private improvements shall occur outside the limits of this approval unless
Developer obtains, records and submits a recorded copy to the City Engineer a grading or
slope easement or agreement from the owners of the affected properties. If Developer is
unable to obtain the grading or slope easement, or agreement, no grading permit will be
issued. In that case Developer must either apply for and obtain an amendment of this
approval or modify the plans so grading will not occur outside the project and apply for
and obtain a finding of substantial conformance from both the City Engineer and
Planning Director.31. Based upon a review of the proposed grading and the grading
quantities shown on the site plan, a grading permit for this project is required. Developer
shall apply for and obtain a grading permit flom the City Engineer prior to issuance of a
building permit for the project.
Developer shall comply with the City’s requirements of the National Pollutant Discharge
Elimination System (NPDES) permit, latest version. Developer shall provide
improvements constructed pursuant to best management practices as referenced in the
“California Storm Water Best Management Practices Handbook” to reduce surface
pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such
improvements shall be submitted to and subject to the approval of the City Engineer.
Said plans shall include but not be limited to notifylng prospective owners and tenants of
the following:
A.
B.
C.
All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a “Storm Water Pollution Prevention Plan
(SWPPP).” The SWPPP shall be in compliance with current requirements and provisions
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established by the San Diego Region of the California Regional Water Quality Control
Board and City of Carlsbad Requirements. The SWPPP shall address measures to
reduce, to the maximum extent possible, storm water pollutant runoff at both construction
and post-construction stages of the project. Among other criteria, the SWPPP shall:
A. Identify the drainage basin and whether the projects discharges to an impaired
water body.
B. Identify existing and post-development on-site pollutants.
C. Recommend source control and treatment control measures to be implemented to
avoid pollution contact or treat pollutants from storm water before being
discharged from the site.
D. Establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to employee, customer or resident
education on the proper procedures for handling clean up and disposal of
pollutants.
E. Ensure long-term maintenance of all post construct BMPs in perpetuity.
Prior to building occupancy, Developer must apply for and obtain approval of a
quitclaim for the existing water easement traversing the property. Easement shall
not be quitclaimed until the new waterline that replaces the facility is installed,
tested and accepted by the City Engineer.
Developer shall provide for or install the necessary drainage infrastructure as shown on
the site plan prior to or concurrent with any grading or building permit.
Developer shall revise the project to relocate the existing private storm drain and pollution
control unit serving the proposed spa per Drawing 402-2B. Developer shall incorporate design
of this related facility into the grading plans for this project. Developer is responsible to ensure
drainage from offsite areas is intercepted, conveyed and discharged across the project.
Developer shall execute and record a City standard Development Improvement Agreement to
install and secure with appropriate security as provided by law, public improvements shown on
the site plan and the following improvements including, but not limited to paving, base,
sidewalks, curbs and gutters, medians, signing and striping, traffic control, grading, clearing and
grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights,
retaining walls and reclaimed water, all constructed to City Standards and to the satisfaction of
the City Engineer. The Developer shall:
a. Relocate the existing 12-inch ACP waterline traversing the site that conflicts
with the proposed building footprint. The existing line shall be relocated, as
shown on the preliminary grading plan, within paved areas to the
satisfaction of the City Engineer.
b. Install fire hydrants, fire services, and water meters as required to serve the
project.
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c. Relocate all necessary appurtenances.
Improvements listed above shall be constructed within 18 months of approval of the
development improvement agreement or such other time as provided in said agreement.
Developer shall perform all necessary maintenance on the pollution control unit(s) as
proposed on the site plan. The pollution control unit shall be maintained to ensure its
effectiveness at removing pollutants-of-concern from the site.
Prior to building permit or grading permit issuance, whichever occurs first Developer
shall have design, apply for and obtain approval of the City Engineer, for the structural
section for the access aisles with a traffic index of 5.0 in accordance with City Standards
due to truck access through the parking area and/or aisles with an ADT greater than 500.
The structural pavement design of the aisle ways shall be submitted together with
required R-value soil test information and approved by the City Engineer as part of the
building or grading plan review whichever occurs first.
Prior to approval of improvement plans, Developer shall meet with the Fire Marshal to
determine if additional fire protection measures (fire flows, fire hydrant locations,
building sprinklers) are required to serve the project. Fire hydrants, if required, shall be
considered public improvements and shall be served by public water mains to the
satisfaction of the District Engineer.
The Developer shall design and construct public facilities within public right-of-way or
within minimum 20-feet wide easements granted to the District or the City of Carlsbad.
At the discretion of the District Engineer, wider easements may be required for adequate
maintenance, access and/or joint utility purposes.
Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities. Developer shall pay the San Diego County Water
Authority capacity charne(s1 prior to issuance of Building Permits.
The Developer shall design landscape and irrigation plans utilizing recycled water as a
source. Said plans shall be submitted to the satisfaction of the District Engineer.
The Developer shall install potable water and recycled water services and meters at a
location approved by the District Engineer. The locations of said services shall be
reflected on public improvement plans.
The Developer shall design and construct public water facilities substantially as shown on
the Site Plan to the satisfaction of the District Engineer. Proposed public facilities shall be
reflected on public improvement plans.
This project is approved upon the express condition that building permits will not be
issued for the development of the subject property, unless the District Engineer has
determined that adequate water facilities are available at the time of occupancy.
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46. The Developer shall meet with and obtain approval from the Leucadia County Water
District, Vallecitos Water District regarding sewer infrastructure available or required to
serve this project.
Code Reminders:
47.
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Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
Any signs proposed for this development shall at a minimum be designed in conformance
with the City’s Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
Developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance
with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer.
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 feedexactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a
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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 15th day of January, 2003 by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Heineman, Segall, White, and
Whitton
NOES: None
ABSENT: Commissioner Dominguez
ABSTAIN: None
A-
R, Chairperson
COMMISSION
ATTEST:
MICHAEL J. HBEMILLW
Planning Director
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