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HomeMy WebLinkAboutCT 96-01; Carlsbad Ranch Hotel Timeshare Resort; Tentative Map (CT) (2)City of Carlsbad ^ •N^H^^^^P^B^^^BB^^^^^BB^B^^B^BMHIHPlanning Department September 19, 2000 Mr. George O'Day O'Day Consultants 5900 Pasteur Court, Suite 100 Carlsbad, CA 92008-7317 SUBJECT: CT 96-01 - CARLSBAD RANCH TIMESHARE PHASE II GRADING Dear George: Your request to allow grading for the second phase of the Carlsbad Ranch Timeshare project has been reviewed by Planning Department staff. Condition number 2 of City Council Resolution No. 97-74 prohibits grading activity between October 1st and April 1st of any year. Based on the referenced condition that is applied to all coastal development permits your request has been denied. The grading period is only modified when there are specific wildlife issues requiring that it be altered. When that is the case the modified grading period is set forth in the project conditions. Should you have any questions concerning this determination, please contact me at 602-4612. Sincerely, DONNEU Senior Planner DN:mh C: Adrienne Landers, Principal Planner Clyde Wickham, Associate Engineer 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 6O2-4600 • FAX (760) 602-8559 CQNSULTA T S Civil Engineering * Surveying September 12, 2000 J.N.: 951020-1 f^ 1 •• iCH CITY OF CARLSBAD PLANNING DEPT.Mr. Don Neu City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 Re: C.T. 96-01 Carlsbad Ranch Hotel Phase H Grading Plan. Dwg. 356-7B (CDP 96-02; City Council Res.97-74) Dear Don: On behalf of our client, Grand Pacific Resorts, Inc., we request that the grading for this project be allowed between October 1st and April 1st because: 1) It is a previously graded site with a depression for the underground parking structure. 2) All the storm drains, water and sewer are in place. 3) In addition to the erosion control plan that is part of the grading plan, the grading for the underground parking structure would minimize any storm water runoff because of its depth relative to the surface grades. Enclosed are the CDP 96-02 resolution and sheet no. 2 of the grading plan showing the phase III area to be graded. Thank you for your attention to this matter. Very truly yours, O'DAY CONSULTANTS, INC. George ©T>ay Project Manager Cc: Tim Stripe John Mattox GO/ts W:\MSOFFICE\WINWORD\95-1020\Neu2.ttr O'Day Consultants Inc. 5900 Pasteur Ct. Suite 100 Carlsbad, California 92008-7317 Tel: 760 931 7700 Fax: 760 931 E-mail: oday@odayconsultants.com Website: www.odayconsultants.com .cs. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 21 22 24 25 26 27 28 a* CITY COUNCIL RESOLUTION NO. 97-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A .COASTAL DEVELOPMENT. PERMIT... FOR A PROJECT CONTAINING 161 TTMESHARE UMTS, 90 HOTEL UNITS AND 3 RESTAURANTS WITH COMMON PARKING FACILITIES PROVIDING FOR AN 11 PERCENT PARKING REDUCTION ON 12.20 ACRES OF PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF ARMADA DRIVE, NORTH OF PALOMAR AIRPORT ROAD WITHIN PLANNING AREA 3 OF THE CARLSBAD RANCH SPECIFIC PLAN AND IN LOCAL FACILITIES MANAGEMENT ZONE 13. CASE NAME: CARLSBAD RANCH HOTEL & TIMESHARE RESORT CASE NO.: t^CDP 96^0T> WHEREAS, Grand Pacific Resorts "Developer" has filed a verified application with the City of Carlsbad regarding property owned by the Carltas Company "Owner", described as Lot 14 of Carlsbad Tract No. 92-7 in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 13215, filed in the Office of the County Recorder of San Diego Count}' on June 30, 1995. ("the Property"); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibit(s) "A"- "V" dated September 18, 1996, on file in the Planning Department, CDP 96-02 as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and WHEREAS, the City Council did. on the 18th day of February 1997, 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 Council considered all factors relating to CDP 96-02. 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 * iNOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council 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 City Council approves Coastal Development Permit, CDP 96-02, based on the following findings and subject to the following conditions: Findings: 1. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the project is in compliance with relevant policies of the Mello II Segment of the Local Coastal Program, The Carlsbad Ranch Specific Plan which serves as partial implementation for the Mello II Segment for the project site, and the Coastal Resource Protection Overlay Zone. The project has been conditioned to record a deed restriction as required by Policy 6-10 of the Mello II Segment for the hotel and restaurant portions of the project specifying that any use conversions or restrictions that serve to be exclusionary shall require prior review through a local coastal program amendment and/or a separate coastal development permit. 2. That the development is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act, in that the project design includes a pedestrian promenade which will be open to the public and no existing public accessways affect the project site. 3. That the development conforms with any applicable decision pertinent to this proposal and for site as set by the Coastal Commission on a previously related appeals decision per Public Resources Code Section 30604(c), in that the project is not subject to any previously-related Coastal Commission appeals decision. 4. The project complies with the requirements of the Coastal Resource Protection Overlay Zone as the project site has been graded pursuant to previous approvals and required drainage facilities are being installed. Site specific drainage improvements were required as conditions of approval for the other permits approved for the project. The limitations on when grading is permitted to occur in the Coastal Zone have been applied as conditions of this permit. •Conditions: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 The City Council does hereby APPROVE the Coastal Development Permit for the project entitled Carlsbad Ranch Hotel & Timeshare Resort (Exhibit(s) "A" - "V" dated September 18, 1996 on file in the Planning Department and incorporated by this reference, subject to the conditions herein set forth. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Coastal Development Permit document(s), as necessary, to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development substantially different from this approval, shall require an amendment to this approval. AH grading activity shall be prohibited between ^October 1st and April year, or as otherwise allowed by the Mello II Local Coastal Plan. Prior to the issuance of a building permit for the two 6,000 square foot restaurants on Lot 1 lor_the 90 unit hotel on Lot Z the applicant shall submit a copy of a deed restriction recorded against both lots specifying that any use conversions or restrictions that serve to be exclusionary shall require review through a local coastal program amendment and/or a separate coastal development permit pursuant to Policy 6-10 of the Mello II Segment of the City of Carlsbad Local Coastal Program. 'NOTICE TO APPLICANT" "The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court no later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extencled.tp not latter than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008." EFFECTIVE DATE: This resolution shall be effective upon its adoption. 28 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 18th day of February _ 1997, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, and Hall NOES: Council Member Nygaard ABSENT: None ABSTAIN: >£A.IEWIS, Mayor ATTEST: ^fi. At^THA CUENgANZ, City Clerk KAREN R. KUNDTZ, Assistant City Clerk (SEAL) -4- INTEROFFICE REQUEST FOR COMMENTS ON PROPOSED TENTATIVE MAP EXTENSION November 24, 1998 To: Community Services Assistant Planning Director District Engineer, CMWD From: Michele Masterson / Engineering Technician II // CT 96-01, Carlsbad Ranch Hotel and Timeshare We have received a request to extend the subject map. Please review the attached tentative map and conditions of approval and give me your comments and/or new conditions by December 9, 1998. REPLY: or o\\/ojolyt -M Ari ~7? ~h ou o^ce, ~-H^o_. Qre BY: o-7-i <4 DATE necerwry on R:/LAND DEVELOPMENT/REQUEST FOR COMMENTS ON ME REV 9/22/97 Memorandum TO: Senior Planner, Don Neu FROM: Associate Engineer, Clyde Wickham DATE: November 9, 1998 CT 96-01 : CARLSBAD RANCH HOTEL & TIMESHARE CC&R's SECOND REVIEW Engineering Department staff has completed another review of the above-referenced CC&R's and a first review of the " Common Improvements Maintenance & Maintenance Cost-Sharing Agreement". We have made a few comments on our first review and after seeing the proposed changes have additional concern. The Common Improvements & Maintenance.. Agreement has a modification clause that should include the City as party to ( Page 2, Section 1 ). Notices, Changes, or Amendments should also include the City, Planning Department, ( Page 7, Section 14 ). And finally, the right for GPP to terminate or cancel the agreement seems a little absurd. To create an important document then let it be canceled at the sole and unilateral discretion of the developer is too lose and uncontrolled. The CC&R's has identification and weight to the Common Improvements & Maintenance .. Agreement that is not acceptable. The Common circulation, parking, drainage, utility, etc... should be a simplified exhibit or a copy of the approved site development plan. Any modification of the common areas is considered a substantial conformance issue and should include the City as a preliminary approval to modification or change. The corrections to the CC&R's as submitted, are acceptable with the above mentioned comments outstanding. If you or the applicant fiave an/ questions, please contact me at extension 4353. CLYDE WICKHAM Associate Engineer, Land Development Division Memorandum TO: Senior Planner, Don Neu FROM: Associate Engineer, Clyde Wickham DATE: October 15, 1998 CT 96-01 : CARLSBAD RANCH HOTEL & TIMESHARE CC&R's REVIEW Engineering Department staff has completed the review of the above-referenced CC&R's. We have a few comments that we would like to make at this time to clarify and define areas of common ownership, maintenance and liability. The conditions I have referenced are from Planning Commission Resolution # 3987. • Lot 1 & 2 are separate from the CC&R's, but there is common circulation, access & drainage over all lots created. Please ask the developer to explain and include these "common" areas. • Conditions of approval require the developer to provide for the "..acceptable means for maintaining the private easements within the subdivision and all the private streets, sidewalks, street lights, storm drain facilities and sewer facilities located therein .... Provision for such maintenance shall be included with the CC&R's subject to the approval of the City Engineer, (condition #11.) Conditions of approval also require the developer to provide for sight distance corridors (condition # 14). • The hold harmless agreements should be reiterated in the CC&R's for clarity. • The Covenant of easement for access, parking, sewer, water, and drainage easement should also be repeated as an awareness of future owners responsibility. • Maintenance of Traffic Signal Equipment as far as private improvements, special concrete treatment or landscaping (main entrance) should be identified. • NPDES drainage maintenance and notification should be included (condition # 26) • Obligations for lot merger or private ownership & for maintenance responsibilities and also for agricultural land use issues need to be identified, if applicable (condition #28). If you or the applicant mave ally questions, please contact me at extension 4353. 1CKHAM Associate Engineer, Land Development Division *City of Carlsbad Engineering Department CARLSBAD RANCN COMPANY c/o CARLTAS DEVELOPMENT COMPANY 5600 AVENIDA ENCINAS SET 204 CARLSBAD, CA. 92008 PROPOSED MINOR SUBDIVISION NO. 97-03 April 24, 1997 3. 4. A preliminary decision has been made, pursuant to Section 20.24.120 of the City of Carlsbad Municipal Code, to approve the tentative parcel map of the proposed minor subdivision subject to conditions that follow in this letter. Unless specifically stated in the condition, all of the following conditions, upon the approval of this tentative parcel map, must be met prior to approval of a final parcel map. The developer shall provide the City with the approved tentative parcel map. The map shall be to scale on a reproducible 24" x 36" xerox mylar or photo mylar. It shall reflect the conditions of approval by the City. The reproducible shall be submitted to the City Engineer, reviewed and signed by the City's project engineer and project planner prior to submittal of the building plans, final map, improvement or grading plans, whichever occurs first. The developer shall defend, indemnify and hold harmless the City and its agents, officers, and employees from any claim, action or proceeding against the City or its agents, officers, or employees to attack, set aside, void or null an approval of the City, the Planning Commission or City Engineer which has been brought against the City within the time period provided for by Section 66499.37 of the Subdivision Map Act. The developer shall pay all current fees and deposits required. The owner shall record a deed restriction on the property which relates to the proposed cross lot access and drainage shown on the tentative map and site plan for this project. The deed restriction document shall be in a form acceptable to the City Engineer. 2075 Las Palmas Dr. - Carlsbad, CA 92009-1576 • (619) 438-1161 - FAX (619) 438-O894 5. The owner of the subject property shall execute an agreement holding the City harmless regarding drainage across the adjacent property. 6. The owner shall grant a covenant of easement for drainage, access, and utility easements as required by CT 96-01 and SDP 96-01. The covenant of easement shall be shown and recording information called out on the parcel map. 7. The project is approved under the express condition the developer pay the additional public facilities fee in accordance with City Council Resolution No. 9169 adopted July 28, 1987 and as amended from time to time. The developer further agrees to pay any development fees established by the City Council pursuant to .Chapter 21,90 of the Carlsbad Municipal Code. The developer's written agreement to pay said fees is on file with the office of the City Clerk and is incorporated herein by this reference. If the fees are not paid, this application will not be consistent with the General Plan and approval for this project shall be void. 8. No grading is hereby approved by virtue of the design of this subdivision. 9. Notes to the following effect shall be placed on the parcel map as non- mapping data: • MS 97-03 is considered a Minor Subdivision for financial purposes only. No further development of any parcel shall occur until conditions of approval for CT 96-01 and SDP 96-01 have been satisfied. This subdivision shall not restrict phasing or development conditions as approved by City Council Resolution 96 - 382 . • Access rights along Armada Drive shall be relinquished on the Parcel Map, except as provided by CT 96 - 01 and SDP 96 - 01 • The developer has agreed to a covenant of easement across all of the lots within this subdivision. The covenant of easement will accommodate Drainage, access, and utilities as required by CT 96- 01 and SDP 96-01. The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 10. The tentative parcel map approval shall expire twenty-four (24) months from the date of the letter containing the final decision for tentative parcel map approval. The developer may request a review of the preliminary decision with the City Engineer in writing within ten (10) days of the date of this letter. Upon such written request the City Engineer shall arrange a time and place with the • Page 2 developer for such review. The City Engineer has reviewed each of the exactions imposed on the developer contained in these conditions of approval, 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 degree of the exaction is in rough proportionality to the impact caused by the project. Robert J. Wojcik Principal Civil Engineer Land Use Review Division c: City Engineer File MS 97-03, and CT 96-01 • Page3