Loading...
HomeMy WebLinkAboutPUD 12-04; Alps Innovation Inn & Suites; Planned Unit Development - Non-Residential (PUD)(~CARLSBAD Community & Economic Development July 18, 2013 Joey Blagg Prime Group Construction Inc. 3045 Wilson Road Bakersfield, CA 93304 www.carlsbadca.gov SUBJECT: NON-RESIDENTIAL PLANNED DEVELOPMENT PERMIT (PUD 12-04)-ALPS INNOVATION HOTELS The City Planner has completed a review of the application for a Non-Residential Planned Development Permit (PUD 12-04} to provide reciprocal driveway access between Parcels A, B, and C of MS 12-02; and to ~stablish a joint use parking agreement for the sharing of parking between two (2) hotels proposed on Parcels A and B of MS 12-02. The project site is generally located north of the Towers at BressLRanch industrial office complex, south of Palomar Airport. Road, east of Innovation Way, and northwest of Colt Place (APN 213-262-11); and within Planning Area 4 of the Bressi Ranch Master Plan (MP 178), the Planned Industrial (P-M) Zone and Local Facilities Management Zone 17. The City Planner has made a decision pursuant to Section 21.47.110 of the City of Carlsbad Municipal Code to approve this non-residential planned development based on the findings and subject to the conditions listed below. Findings: 1. That the granting of this permit will not adversely affect and will be consistent with the Municipal Code, the General Plan, applicable specific plans, master plans, and all adopted plans of the City and other governmental agencies, in that the proposed hotel uses on Parcels A and B are consistent with the Planned Industrial (PI) General Plan Land Use designation and all development standards of the Planned Industrial (P-M) Zone, the Bress! Ranch Master Plan (MP 178), and Title 20 and 21 regulations governing subdivisions and the design of non- residential planned developments. 2. That the proposed use at the particular location is necessary and desirable to provide a service or facility which will contribute to the general long-term well-being of the neighborhood and community, in that the proposed non-residential planned development for two hotels is located on an existing Planned Industrial (P-M) zoned lot, which allows hotels subject to the approval of a Conditional Use Permit (CUP). Concurrent with this PUD application, two CUP applications (CUP 12-05 and CUP 12-06) for hotels have been applied for. The project will be compatible with the surrounding planned industrial uses and the Airport Land Use Compatibility Plan for McClellan-Palomar Airport; the PUD will provide opportunities for separate ownership of buildings and the sharing of parking, access, and drainage facilities; and Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 Mr. Joey Blagg July 18, 2013 Page 2 it will provide transient housing for business travelers and visitors to the city as well as employment opportunities within an existing industrial/office park location. 3. That such project will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity, in that the hotel project meets all applicable city standards and ordinances, including compliance with the Airport Land Use Compatibility Plan for McClellan-Palomar Airport, and all public facilities and services exist. Adequate parking, access, and drainage facilities for the project site will be provided to each of the parcels via a covenant of reciprocal private easements for drainage, parking, and access purposes, as well as a joint use parking agreement for the sharing of parking in perpetuity. The project includes all necessary features to adjust the development to the surrounding land uses including setbacks, parking, and landscaping. The non-residential planned development will not pose a safety hazard to the occupants of the surrounding industrial zone. 4. That the City Planner has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15315 (Minor Land Division) of the State CEQA Guidelines and will not have any adverse significant impact on the environment in that the parcel is located within an urbanized area; is zoned for Planned Industrial (P-M) uses; is being subdivided into four or fewer parcels; no variances are needed for the subdivision; all services for the parcels are available; the parcel was not part of a larger subdivision within the last two years; and the parcel does not have an average slope greater than 20 percent. 5. The City Planner 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 recordation of the parcel map (MS 12-02); or issuance of building permit, or grading 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; record a notice of violation on the property title; 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 Non- Residential Planned Development Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Non-Residential Planned Development Permit documents, as necessary to Mr. Joey Blagg July 18, 2013 Page 3 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. 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by Jaw 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. 5. 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 Non-Residential Planned Development Permit, {b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and {c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 6. Developer shall submit to the City Planner a reproducible 24" x 36," mylar copy of the Non- Residential Planned Development Permit reflecting the conditions approved by the final decision-rna king body. 7. This approval is granted subject to the approval of a Minor Subdivision (MS 12·02} and is subject to all conditions contained in the City Planner's approval letter for this other approval incorporated herein by reference. 8. This approval is granted subject to the approval of CUP 12..05 and CUP 12·06 and is subject to all conditions contained in Planning Commission Resolutions No. 6999 and 7000 for those other approvals incorporated herein by reference. 9. Prior to the recordation of the parcel map for MS 12-02, the Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has approved a Non-Residential Planned Development Permit 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 City Planner has the authority to execute and record an amendment Mr. Joey Blagg July 18, 2013 Page4 to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 10. Unless otherwise stated herein, this non-residential planned development project shall comply with all applicable City Ordinances and requirements. 11. A joint use parking agreement shall be submitted for review and approval by the City Planner, City Engineer, and City Attorney. The agreement shall provide for the following: a. The sharing in perpetuity of all parking and access aisles/driveways onsite, and between all the uses proposed for the project. b. The agreement shall not be modified without the prior written approval of the City Planner, City Engineer, and City Attorney. c. A copy of the joint use parking agreement shall be recorded in the Office of the County Recorder and copies filed with the City Planner concurrently with the recordation of the Parcel Map. 12. This Non-Residential Planned Development Permit shall expire concurrently with MS 12·02. ,. Mr. Joey Blagg July 18, 2013 Page 5 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 the date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a) and file the protest and any other required information with the city manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges; to planning, zoning, grading, or other similar application processing or service fees in connection with this project; or 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. This decision may be appealed by you or any other member of the public to the Planning Commission within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division at 1635 Faraday Avenue in Carlsbad, along with a payment of $638.00. The filing of such appeal within such time limit shall stay the effective date of the order of the City Planner until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact the Project Planner, Jason Goff, at 760·602-4643. Sincerely, CHRIS DeCERBO Principal Planner CO: JG: fn c: Shrad Khandwala, Alps Innovation LLC, 621 South Highway 101, Solana Beach, CA 92075 Don Neu, City Planner Chris DeCerbo, Principal Planner Tecla Levy, Project Engineer File Copy Data Entry/OMS