HomeMy WebLinkAbout2018-11-07; Planning Commission; ; AMEND 2017-0026/SDP 2017-0011 (DEV02092) – OMNI LA COSTA BALLROOM
Item No. 3
Application complete date: July 26, 2018
P.C. AGENDA OF: November 7, 2018 Project Planner: Chris Garcia
Project Engineer: Tecla Levy
SUBJECT: AMEND 2017-0026/SDP 2017-0011 (DEV02092) – OMNI LA COSTA BALLROOM –
Request for approval of a Minor Master Plan Amendment and Site Development Plan to
expand the existing ballroom within Planning Area 5 of the La Costa Resort and Spa
Master Plan, on property generally located southeast of El Camino Real and Arenal Road
within Local Facilities Management Zone 6. The City Planner has determined that this
project has no new significant environmental effects not analyzed in the originally
approved Mitigated Negative Declaration for the La Costa Resort and Spa Master Plan,
and no further CEQA compliance is required.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 7315 APPROVING Minor
Master Plan Amendment AMEND 2017-0026 and Site Development Plan SDP 2017-0011 based upon the
findings and subject to the conditions contained therein.
II. PROJECT DESCRIPTION AND BACKGROUND
On September 21, 2004, the City Council approved the La Costa Resort and Spa Master Plan (MP 03-02)
and related applications for the La Costa Resort and Spa project. The La Costa Resort and Spa Master Plan
establishes the permitted uses, development standards, and design criteria for each planning area as well
as the development review process to be utilized.
The proposed Minor Master Plan Amendment to the La Costa Resort and Spa Master Plan is the fourth
amendment to MP 03-02 and will primarily modify the text of Planning Area 5 to accommodate expanded
ballroom facilities connected to the existing ballroom located in Planning Area 5. The proposed Site
Development Plan would approve the ballroom expansion and approve changes to the existing site plan.
Other changes to the Master Plan include an update to the parking needs assessment, timing to fully
improve parking areas on Planning Areas 1 and 2, and other updates based on the resort’s current
development.
The proposed project will add a 32,240-square-foot ballroom connected to the existing 42,510-square
foot-ballroom. The existing ballroom consists of 18,000 square feet of event space, while the addition will
add 14,165 square feet of event space, for a total of 32,165 square feet. The remaining square footage
includes meeting rooms, pre-function areas, a kitchen, restrooms, hallways, loading areas and storage.
The project also includes a new 8,960-square-foot outdoor event area, located adjacent to the east side
of the ballroom expansion.
AMEND 2017-0026/SDP 2017-0011 – OMNI LA COSTA BALLROOM
November 7, 2018
Page 2
The ballroom expansion maintains the Spanish Colonial architectural influence with white Santa Barbara
stucco walls and terracotta tile roofs. The building also contains tower features, decorative wrought iron
grills, wood louvers, exposed wood rafter tails, and other stained wood elements.
The ballroom expansion will displace existing parking spaces. However, the updated parking needs
assessment shows that the remaining existing parking is adequate to accommodate the proposed
expansion (See Attachment 5).
Table 1 below includes the General Plan Land Use designations, zoning and current land uses of the project
site and surrounding properties.
TABLE 1– SURROUNDING LAND USE
Location General Plan
Designation Zoning Current Land Use
Site Visitor Commercial (VC) Planned Community (P-
C) Hotel Ballroom/Parking Lot
North VC P-C Vacant/Parking Lot
South VC P-C Commercial Dwelling Units
East VC P-C Hotel/Commercial Dwelling Units
West Open Space (OS) Open Space (OS) El Camino Real / Natural Open
Space
III. ANALYSIS
The project is subject to the following regulations:
A. Visitor Commercial (VC) General Plan Land Use designation;
B. La Costa Resort and Spa Master Plan (MP 03-02) and General Commercial (C-2) Zone (CMC
Chapter 21.28;
C. Scenic Preservation Overlay Zone regulations (CMC Chapter 21.40 and the El Camino Real Corridor
Development Standards);
D. McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP);
E. Growth Management Ordinance (CMC Chapter 21.90) and Local Facilities Management Plan Zone
6.
The recommendation for approval of this project was developed by analyzing the project’s consistency
with the applicable regulations and policies. The project’s compliance with each of the above regulations
is discussed in detail in the sections below.
A. Visitor Commercial (VC) General Plan Land Use Designation
The project site has a Visitor Commercial (VC) General Plan Land Use designation. The allowable VC land
uses include uses which serve the travel, retail, shopping, entertainment, and recreation needs of visitors,
tourists, and residents. The La Costa Resort and Spa is a destination resort and provides many travel and
recreational services. The project complies with all the applicable policies of the General Plan as shown in
Table 2 below.
AMEND 2017-0026/SDP 2017-0011 – OMNI LA COSTA BALLROOM
November 7, 2018
Page 3
TABLE 2 – GENERAL PLAN COMPLIANCE
ELEMENT USE, CLASSIFICATION, GOAL,
OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY
Land Use Goal 2-G.10
Promote continued growth of visitor-
oriented land uses, and provide
enhanced opportunities for new hotels
and visitor-services in desirable
locations.
The project proposes to expand an
existing ballroom at the La Costa
Resort and Spa, which is an existing
destination resort utilized by tourists
and residents.
Yes
Mobility Policy 3-P.5
Require developers to construct or pay
their fair share toward improvements
for all travel modes consistent with the
Mobility Element, the Growth
Management Plan, and specific impacts
associated with their development.
Policy 3-P.38
Develop flexible on-site vehicle parking
requirements. Such requirements will
include implementation of innovative
parking techniques, implementing
effective TDM programs to reduce
parking demand, and consideration of
other means to efficiently manage
parking supply and demand.
The proposed project does not
require any improvements to the
existing street system. The project
site is served by internal private
streets which are accessed from El
Camino Real and Arenal Road. The
applicant will be required to pay
traffic impact fees prior to issuance
of a building permit that will go
towards future road improvements.
The project has an updated parking
needs assessment (Walker
Consultants, August 1, 2018). The
assessment takes into account real
data for the existing uses on-site and
estimates the parking demand for the
ballroom addition. Parking is already
shared across all land uses on the
resort property. Furthermore, valet
parking and shuttles can be used to
manage parking demand as needed.
Yes
Public
Safety
Goal 6-G.1
Minimize injury, loss of life, and
damage to property resulting from fire,
flood, hazardous material release, or
seismic disasters.
Policy 6-P.6
Enforce the requirements of Titles 18,
20, and 21 pertaining to drainage and
flood control when reviewing
applications for building permits and
subdivisions.
Policy 6-P.34
The proposed structural
improvements are required to be
designed in conformance with all
seismic design standards. In
addition, the proposed project is
consistent with all the applicable fire
safety requirements.
Further, the project has been
conditioned to develop and
implement a program of “best
management practices” for the
elimination and reduction of
pollutants which enter into and/or
Yes
AMEND 2017-0026/SDP 2017-0011 – OMNI LA COSTA BALLROOM
November 7, 2018
Page 4
ELEMENT USE, CLASSIFICATION, GOAL,
OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY
Enforce the Uniform Building and Fire
codes, adopted by the city, to provide
fire protection standards for all existing
and proposed structures.
Policy 6-P.39
Ensure all new development complies
with all applicable regulations
regarding the provision of public
utilities and facilities.
are transported within storm
drainage facilities.
Noise Goal 5-G.2
Ensure that new development is
compatible with the noise
environment, by continuing to use
potential noise exposure as a criterion
in land use planning.
Policy 5.P.2
Require a noise study analysis be
conducted for all discretionary
development proposals located where
projected noise exposure would be
other than “normally acceptable.”
The ballroom expansion is located
140 feet from El Camino Real, which
is the main source of noise for the
project site. General commercial
buildings have a “normally
acceptable” noise range of 50 - 70
dBA CNEL. The estimated exterior
noise level is in the 65-70 dBA CNEL
range. Given conventional
construction techniques and no
major windows or openings facing El
Camino Real, the interior noise level
will be within the normally
acceptable noise range.
Yes
B. La Costa Resort and Spa Master Plan (MP 03-02) and General Commercial (C-2) Zone
An overall goal of the La Costa Resort and Spa Master Plan is to guide future development of land within
the Master Plan area through design and development standards. The current Master Plan did not
anticipate any further development within Planning Area 5. Therefore, a Minor Master Plan Amendment
has been submitted to allow for an expansion of the ballroom. The ballroom expansion is subject to the
development standards listed in the La Costa Resort and Spa Master Plan and the General Commercial (C-
2) Zone. The Master Plan is being amended to accommodate the ballroom expansion, as well as to update
the Plan based on the existing development on the resort property (See Attachment 4).
The Minor Master Plan Amendment updates the parking needs assessment that was last prepared in June
2008 (See Attachment 5). The parking assessment studied the existing parking demand for two high
occupancy dates which also had ballroom events. The study concluded that the required parking for the
entire resort was overestimated in the previous parking needs assessment, which did not use real data
from the resort. Therefore, even with the parking displaced by the ballroom expansion and the increased
demand, the resort still has adequate parking available for all existing uses on-site.
The existing ballroom and the ballroom expansion utilize a portion of Planning Areas 1 and 2 for ballroom
parking since it is nearby. Since Planning Areas 1 and 2 are not fully improved parking areas, the proposed
amended Master Plan requires that these parking areas be fully improved to city standards within five
years of the ballroom expansion being completed. However, the Master Plan allows for commercial
AMEND 2017-0026/SDP 2017-0011 – OMNI LA COSTA BALLROOM
November 7, 2018
Page 5
dwelling units to be constructed within Planning Areas 1 and 2. The proposed amended Master Plan
ensures the provision of adequate on-site parking in the future. If commercial dwelling units are
constructed within Planning Areas 1 and/or 2, then replacement parking in the form of a parking structure
in Planning Area 5 shall be constructed concurrently with the construction of the Commercial Dwelling
Units. The amount of replacement parking shall be approved by the City Planner and be partially based
upon parking surveys.
The project complies with all of the applicable development standards of the master plan and C-2 zone as
shown in Table 2 below.
TABLE 2 – ZONING AND DEVELOPMENT REGULATION COMPLIANCE
STANDARD REQUIRED PROPOSED COMPLIANCE
Building Height:
General Building
Architectural
Features
35’
45’ for architectural and roof
projections not providing
habitable or otherwise usable
space.
34’-8” main building
40’-10” architectural tower
feature
Yes
Building Setbacks:
El Camino Real
All others
45’
N/A
140’
N/A
Yes
Lot Coverage N/A N/A N/A
Architectural Theme Spanish Colonial Spanish Colonial Yes
Building Colors White, cream, tan, sand, light
brown, mauve, and other
muted earth tones. Colors
outside of this spectrum shall
be used for accents only.
White stucco
Roof Materials Primarily terra cotta barrel
and “s” tile.
Terra cotta “s” tile. Yes
Building Massing Front elevation shall be
staggered to create interest.
Multi-story plate lines with
second story wall setbacks
encouraged.
Elevations have multiple
roof lines and tower
features to create
articulation and add visual
interest. The taller portion
of the ballroom is stepped
back on all sides.
Yes
Windows Multi-pane windows Multi-pane windows are
provided.
Yes
AMEND 2017-0026/SDP 2017-0011 – OMNI LA COSTA BALLROOM
November 7, 2018
Page 6
Columns Columns used as structure or
aesthetic design elements shall
convey a solid and durable
image, and be consistent with
the architectural style.
Architecturally appropriate
columns are incorporated on
the north and east
elevations.
Yes
Parking Shared parking permitted and
shall be provided according to
the latest parking needs
assessment.
Adequate parking provided
per the parking needs
assessment by Walker
Consultants dated August 1,
2018 (See Attachment 5).
Yes
The La Costa Resort and Spa Master Plan requires the approval of a Site Development Plan (SDP) for
development within Planning Area 5. The processing of an SDP is subject to the specific findings contained
within CMC Chapter 21.06. The proposed project is consistent with the General Plan and the Master Plan
as discussed in this section. The requested development is properly related to the site and not detrimental
to existing development in that a ballroom continues to be associated with resort hotel uses which are
permitted within the La Costa Resort and Spa Master Plan and the General Commercial (C-2) zone
assigned to Planning Area 5 of the Master Plan and is compatible with the existing resort campus
surrounding the project site. The project has been conditioned to limit the hours of the outdoor event
area to minimize conflicts with neighboring residential uses. Furthermore, the project is required to
comply with the city’s noise guidelines for noise generated by the project as measured by the property
boundaries. The site is adequate in size and shape to accommodate the proposed use in that the ballroom
expansion complies with all applicable development standards of the La Costa Resort and Spa Master
Plan, as amended, and the C-2 zone, including setbacks, landscaping, parking, height restrictions, and
architectural design. The yards, setbacks, walls, fences, landscaping and other features necessary to adjust
the project to existing or future development will be provided and maintained in that the project is located
within a developed area of the La Costa Resort and Spa Master Plan and existing perimeter walls and
existing and proposed landscaping help screen the building. The street system serving the project is
adequate to handle all traffic generated by the ballroom expansion in that the existing surrounding public
streets, which are fully improved, have adequate capacity to accommodate the traffic generated by the
project.
C. Scenic Preservation Overlay Zone regulations (CMC Chapter 21.40 and the El Camino Real Corridor
Development Standards);
The project site is located within Planning Area 5 of the La Costa Resort and Spa Master Plan. Planning
Area 5 is subject to the provisions of the El Camino Real Scenic Corridor Development Standards and is
subject to the approved Special Use Permit SUP 03-03 standards that are incorporated in the Master Plan.
In conjunction with the existing ballroom development, enhanced landscaping was installed along the
east side of El Camino Real to help screen the building. This landscaping will be maintained and will
continue to help screen the ballroom expansion. In addition, the parking lot between the ballroom and El
Camino Real will be landscaped with parking lot trees to provide additional landscaping depth. The
proposed ballroom addition complies with required setbacks and complies with the 35-foot height limit
set forth in Special Use Permit SUP 03-03. Therefore, no amendment to SUP 03-03 is required.
D. McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP)
The proposed project falls within the boundaries of the McClellan-Palomar Airport Land Use Compatibility
Plan (ALUCP) – Airport Influence Review Area 2. Limits on the heights of structures, particularly in areas
AMEND 2017-0026/SDP 2017-0011 – OMNI LA COSTA BALLROOM
November 7, 2018
Page 7
of high terrain, are the only restrictions on land uses within Review Area 2. The recordation of overflight
notification documents is not required due to this project’s location within Review Area 2. The project site
is not located in an area of high terrain and the proposed structure’s height does not require any FAA
notification.
E. Growth Management Ordinance
The proposed project is located within Local Facilities Management Zone 6 in the Northwest Quadrant of
the city. Currently, all the community infrastructure located within Zone 6 that would require a
contribution from the development of the site as a non-residential project has been completed, including
street improvements to El Camino Real and Arenal Road. Expansion of the existing hotel ballroom does
not create the need for new or expanded infrastructure and is therefore consistent with the existing Zone
6 Local Facilities Management Plan. The impacts on public facilities created by the project, and its
compliance with the adopted performance standards, are summarized in Table 3 below.
TABLE 3 – GROWTH MANAGEMENT COMPLIANCE
STANDARD IMPACTS COMPLIANCE
City Administration N/A N/A
Library N/A N/A
Waste Water Treatment 42 EDU Yes
Parks N/A N/A
Drainage 16.6 CFS/Basin D Yes
Circulation 252 ADT Yes
Fire Station 2 Yes
Open Space N/A N/A
Schools (Carlsbad) N/A N/A
Sewer Collection System 9,240 GPD Yes
Water 2,300 GPD Yes
IV. ENVIRONMENTAL REVIEW
Pursuant to the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance
(Title 19) of the Carlsbad Municipal Code, staff has conducted an environmental impact assessment to
determine if the project could have any potentially significant impact on the environment that were not
previously evaluated in the adopted Mitigated Negative Declaration for the La Costa Resort and Spa
Master Plan (City Council Resolution No. 2004-304 for GPA 03-08/ZC 03-04/MP 02-03/MP 149(S)/CT 03-
01/PUD 03-06/SUP 03-03/SUP 03-06). The project has no new significant environmental effects not
analyzed as significant in the adopted Mitigated Negative Declaration. None of the circumstances
requiring further environmental review under CEQA Guidelines Section 15162 or 15163 exist. In addition,
Master Plan level mitigation measures were incorporated into the overall design of the Master Plan
project or were placed as conditions of approval such that all potentially significant impacts have been
mitigated to below a level of significance.
AMEND 2017-0026/SDP 2017-0011 – OMNI LA COSTA BALLROOM
November 7, 2018
Page 8
ATTACHMENTS:
1. Planning Commission Resolution No. 7315
2. Location Map
3. Disclosure Statement
4. Amended La Costa Resort and Spa Master Plan Exhibit
5. Parking Needs Assessment
6. Reduced Exhibits
7. Full Size Exhibits “A” – “P” dated November 7, 2018
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A MINOR MASTER PLAN
AMENDMENT AND SITE DEVELOPMENT PLAN TO EXPAND THE EXISTING
BALLROOM WITHIN PLANNING AREA 5 OF THE LA COSTA RESORT AND
SPA MASTER PLAN ON PROPERTY GENERALLY LOCATED SOUTHEAST OF
EL CAMINO REAL AND ARENAL ROAD WITHIN LOCAL FACILITIES
MANAGEMENT ZONE 6.
CASE NAME: OMNI LA COSTA BALLROOM
CASE NO: AMEND 2017-0026/SDP 2017-0011 (DEV02092)
WHEREAS, Omni Hotels & Resorts, “Developer/Owner”, has filed a verified application
with the City of Carlsbad regarding property described as
All lots of Carlsbad Tract CT 03-01-01 and CT 03-01-02, in the City of
Carlsbad, County of San Diego, State of California, according to map
thereof No. 14984, filed in the Office of the County Recorder of San
Diego, March 18, 2005, as file number 2005-0224598 and map No.
15108, filed September 19, 2005 as file number 2005-0806928
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Minor Master Plan
Amendment and Site Development Plan as shown on the amended La Costa Resort and Spa Master Plan
exhibits and Exhibits “A” – “P“ dated November 7, 2018, on file in the Carlsbad Planning Division, AMEND
2017-0026/SDP 2017-0011 – OMNI LA COSTA BALLROOM, as provided by MP 03-02 – LA COSTA RESORT
AND SPA MASTER PLAN and Chapter 21.38 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on November 7, 2018, 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 Minor Master Plan Amendment and Site Development Plan.
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.
PLANNING COMMISSION RESOLUTION NO. 7315
PC RESO NO. 7315 -2-
B) That based on the evidence presented at the public hearing, the Commission APPROVES
AMEND 2017-0026/SDP 2017-0011– OMNI LA COSTA BALLROOM based on the following
findings and subject to the following conditions:
Findings:
Minor Master Plan Amendment
1. The Minor Master Plan Amendment is minor in nature as the amendment allows the expansion
of the existing ballroom within Planning Area 5 of the La Costa Resort and Spa Master Plan and
associated updates throughout the Master Plan. The proposed project does not change the
densities or boundaries of the subject property, does not involve an addition of a new use or
group of uses not shown on the original Master Plan, and does not rearrange uses within the
Master Plan.
Site Development Plan
2. That the proposed development or use is consistent with the General Plan and any applicable
master plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the
Carlsbad Municipal Code, and all other applicable provisions of this code, in that the project
design complies with the requirements of the La Costa Resort and Spa Master Plan, as amended,
and complies with applicable sections of Title 21. The La Costa Resort and Spa Master Plan
amendment was found to be in compliance with the General Plan. Specifically, the project is
consistent with General Plan Land Use Goal 2-G.10 which encourages continued growth of
visitor-oriented land uses, and enhanced opportunities for new hotels and visitor-services in
desirable locations. The project proposes to expand an existing ballroom at the La Costa Resort and Spa, which is an existing destination resort utilized by tourists and residents. A detailed
description of the Plan’s compliance with the General Plan is located in Section III.A of the
project staff report dated November 7, 2018.
3. That the requested development or use is properly related to the site, surroundings and
environmental settings, will not be detrimental to existing development or uses or to
development or uses specifically permitted in the area in which the proposed development or use
is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that
the project consists of the expansion of an existing ballroom, addition of an outdoor event
space, and other necessary improvements within Planning Area 5 of the La Costa Resort and
Spa Master Plan. The ballroom expansion project area has a Visitor Commercial (VC) General
Plan Land Use designation that is compatible with the existing resort improvements that are
located throughout the La Costa Resort and Spa Master Plan. The project is consistent with the
General Plan as summarized above and discussed in Section “A” of the staff report. Furthermore, the proposed project will not be detrimental to existing uses or to uses specifically
permitted in the area in which the use is located in that, a ballroom continues to be associated
with resort hotel uses which are permitted within the La Costa Resort and Spa Master Plan and
the General Commercial (C-2) zone assigned to Planning Area 5 of the Master Plan and is
compatible with the existing resort campus surrounding the project site. The project has been
conditioned to limit the hours of the outdoor event area to minimize conflicts with neighboring
residential uses. Furthermore, the project is required to comply with the city’s noise guidelines
for noise generated by the project as measured at the perimeter boundaries of the La Costa
PC RESO NO. 7315 -3-
Resort and Spa Master Plan. The proposed improvements are properly related to the site
surroundings and environmental setting in that the project complies with all development
standards of the Master Plan and the C-2 zone and will result in no environmental impacts. The
project will not adversely impact the site, surroundings, or traffic circulation in that the project
complies with all applicable development standards. The existing surrounding streets which are
fully improved have adequate capacity to accommodate the 252 Average Daily Trips (ADT)
generated by the project.
4. That the site for the intended development or use is adequate in size and shape to accommodate
the use; in that the project complies with all applicable development standards of the La Costa
Resort and Spa Master Plan, as amended, and the C-2 zone, including setbacks, landscaping,
parking, height restrictions, and architectural design.
5. That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
the requested development or use to existing or permitted future development or use in the
neighborhood will be provided and maintained; in that the proposed ballroom expansion,
outdoor event area, surface parking, and other necessary improvements can fit within the
developable area of the lot and all applicable development standards have been met. The
project is located within a developed area of the La Costa Resort and Spa Master Plan. Existing
perimeter walls and existing and proposed landscaping help screen the building and parking
areas from El Camino Real. Adequate vehicle circulation has been provided to accommodate
safety and truck turning movements. Access to the site will be provided via internal private
roads which connect to Arenal Road and El Camino Real.
6. That the street system serving the proposed development or use is adequate to properly handle
all traffic generated by the proposed use; in that the proposed use is consistent with the uses analyzed in the circulation analysis prepared for Mitigated Negative Declaration GPA 03-08/ZC
03-04/MP 02-03/MP 149(S)/CT 03-01/PUD 03-06/SUP 03-03/SUP 03-06 – LA COSTA RESORT
AND SPA MASTER PLAN; and the existing surrounding public streets, which are fully improved,
have adequate capacity to accommodate the 252 Average Daily Trips (ADT) generated by the
project.
General
7. The City Planner has determined that:
a. the project is a project for which a Mitigated Negative Declaration was previously
adopted [15162].
b. this project is consistent with the project/plan cited above;
c. Mitigated Negative Declaration for GPA 03-08/ZC 03-04/MP 02-03/MP
149(S)/CT 03-01/PUD 03-06/SUP 03-03/SUP 03-06 – LA COSTA RESORT AND SPA
MASTER PLAN was adopted in connection with the prior project/ plan;
d. the project has no new significant environmental effect not analyzed as
significant in the prior Mitigated Negative Declaration;
PC RESO NO. 7315 -4-
e. none of the circumstances requiring a Subsequent Mitigated Negative
Declaration under CEQA Guidelines Sections 15162 or 15163 exist.
8. 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 permit or
building permit issuance, 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 Minor Master Plan
Amendment and Site Development Plan.
2. Staff is authorized and directed to make, or require Developer to make, all corrections and
modifications to the Minor Master Plan Amendment and Site Development Plan documents, 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, 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 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.
5. Developer shall implement, or cause the implementation of, the LA COSTA RESORT AND SPA
MASTER PLAN – GPA 03-08/ZC 03-04/MP 02-03/MP 149(S)/CT 03-01/PUD 03-06/SUP 03-03/SUP 03-06 Project Mitigation Monitoring and Reporting Program.
6. 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 Minor Master Plan Amendment and Site
Development Plan, (b) City’s approval or issuance of any permit or action, whether discretionary
PC RESO NO. 7315 -5-
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.
7. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever
occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Site Plan,
conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final
decision-making body. The copy shall be submitted to the City Planner, reviewed and, if found
acceptable, signed by the city's project planner and project engineer. If no changes were required,
the approved exhibits shall fulfill this condition.
8. 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.
9. This approval shall become null and void if building permits are not issued for this project within
24 months from the date of project approval.
10. 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.
11. Developer shall submit and obtain City Planner 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 and irrigation as shown on the
approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum
amount of water to the landscape for plant growth without causing soil erosion and runoff.
12. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape
plancheck process on file in the Planning Division and accompanied by the project’s building,
improvement, and grading plans.
13. Prior to the issuance of any permits for the project, the applicant shall submit to the City Planner
a digital copy and a camera-ready master copy of the amended LA COSTA RESORT AND SPA
MASTER PLAN, in addition to the required number of bound copies.
14. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the
License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD
#1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section
5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone
6, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If
the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall
become void.
PC RESO NO. 7315 -6-
15. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from 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 and Economic Development Department and Planning.
16. Prior to the issuance of the building permit, 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 issued a(n) Minor
Master Plan Amendment and Site Development Plan by Resolution No. 7315 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 to the notice which modifies or terminates said notice upon a showing
of good cause by the Developer or successor in interest.
17. 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 City Planner of
an Outdoor Storage Plan, and thereafter comply with the approved plan.
18. If Commercial Dwelling Units (CDU’s) are not developed within Planning Areas and/or of the La
Costa Resort and Spa Master Plan, and five years have elapsed from the date of approval of this
Minor Master Plan Amendment and Site Development Plan, then the existing parking lot in
Planning Area 1 and the gravel surface lot in Planning Area 2 shall be fully improved in
compliance with all applicable city codes and standards.
19. When and if Planning Areas 1 or 2 of the La Costa Resort and Spa Master Plan are developed
with CDU’s, as allowed by the Master Plan, a parking structure shall be constructed within
Planning Area 5. The total number of parking spaces will be evaluated in conjunction with a
parking assessment at that future time.
20. Within five years of this approval, the La Costa Resort and Spa owner shall either (1) secure all
necessary permits for the improvement of the surface parking lot on Planning Area and/or, or;
(2) submit, process and attain a complete application for the allowed CDU’s while concurrently
processing plans and permit for a parking structures within Planning Area 5 to address proximity
parking and adequacy for the ballroom. No extension of the five-year period is allowed unless
a major Master Plan Amendment is processes and approved by the City Council, after a
recommendation by Planning Commission.
21. A financial guarantee shall be provided to ensure the parking lot improvements required for
Planning Area 1 and 2, after the five-year period, in the form of a bond, letter of credit, or other
financial instrument to the satisfaction of the city. The financial guarantee shall be released
back to the applicant at the time of completion of the Planning Area 1 and/or 2 lot
improvements or until the start of construction for the CDU’s on PA 1 and/or 2 as well as the
start of construction for the parking structure within Planning Area 5. This financial guarantee
shall be provided and satisfied prior to the issuance of building permits for the ballroom
expansion within Planning Area 5.
PC RESO NO. 7315 -7-
22. Parking surveys and reports shall be generated by the La Costa Resort and Spa for review by
staff on an annual basis once the ballroom expansion is in operation. The city may require
parking improvements and/or operational changes to address any adverse parking/traffic
impacts to adjacent neighborhoods or properties.
23. Outdoor events within Planning Area 5 shall only occur within the approved outdoor event area.
Outdoor events are limited to 7 AM – 10 PM Sunday – Thursday and 7 AM – 11PM Friday –
Saturday. Music, amplified or otherwise, or other amplified sound shall only be permitted
outside of the ballroom between the hours of 10 AM – 10 PM Sunday – Thursday and 10 AM –
11 PM Friday – Saturday.
24. All non-transportation noise generated by the project shall not exceed the standards
established in Table 5-3 of the Noise Element of the General Plan as measured at the perimeter
boundaries of the La Costa Resort and Spa Master Plan.
Engineering:
General
25. 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.
26. 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 and sewer facilities are available at the time of permit issuance and will continue
to be available until time of occupancy.
Fees/Agreements
27. Developer shall cause property owner to execute and submit to the city engineer for recordation,
the city’s standard form Geologic Failure Hold Harmless Agreement.
28. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city’s standard form Drainage Hold Harmless Agreement.
29. Developer shall cause property owner to submit an executed copy to the city engineer for
recordation a city standard Permanent Stormwater Quality Best Management Practice
Maintenance Agreement.
Grading
30. 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 prepare and submit plans and technical
studies/reports for city engineer review, post security and pay all applicable grading plan review
and permit fees per the city’s latest fee schedule.
PC RESO NO. 7315 -8-
Storm Water Quality
31. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include but are
not limited to pollution control practices or devices, erosion control to prevent silt runoff during
construction, general housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and other management practices or devices to prevent or reduce the
discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the
maximum extent practicable. Developer shall notify prospective owners and tenants of the above
requirements.
32. Developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3
SWPPP). The TIER 3 SWPPP shall comply with current requirements and provisions established
by the San Diego Regional Water Quality Control Board and City of Carlsbad Requirements. The
TIER 3 SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff
during construction of the project to the maximum extent practicable. Developer shall pay all
applicable SWPPP plan review and inspection fees per the city’s latest fee schedule.
33. This project is subject to ‘Priority Development Project’ requirements. Developer shall prepare
and process a Storm Water Quality Management Plan (SWQMP), subject to city engineer
approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP
required by this condition shall be reviewed and approved by the city engineer with final grading
plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city’s
latest fee schedule.
34. Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
landscape plans, building plans, etc.) incorporate all source control, site design, treatment control
BMP, and Low Impact Design (LID) facilities.
Dedications/Improvements
35. Developer shall cause owner to dedicate to CMWD additional water easements as shown on
the site plan. The offers shall be made by separate recorded documents. All land so offered shall
be free and clear of all liens and encumbrances and without cost to the CMWD. Additional
easements may be required at final design to the satisfaction of the District Engineer.
36. Developer shall design all proposed public improvements including but not limited to water
services as shown on the site plan. These improvements shall be shown on grading plans
processed in conjunction with this project. Developer shall pay plan check and inspection fees
using improvement valuations in accordance with the city’s current fee schedule. Developer shall
apply for and obtain a right-of-way permit prior to performing work in the public right-of-way.
37. Prior to any work in city right-of-way or public easements, Developer shall apply for and obtain a
right-of-way permit to the satisfaction of the city engineer.
38. Developer shall design the private drainage systems, as shown on the site plan to the satisfaction
of the city engineer. All private drainage systems 12” diameter storm drain and larger shall be
PC RESO NO. 7315 -9-
inspected by the city. Developer shall pay the standard improvement plan check and inspection
fees for private drainage systems.
Utilities
39. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows,
fire hydrant locations, building sprinklers) are required to serve the project.
40. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
41. The developer shall design landscape and irrigation plans utilizing recycled water as a source and
prepare and submit a colored recycled water use map to the Planning Department for processing
and approval by the district engineer.
42. Developer shall install potable water services and meters at locations approved by the district
engineer. The locations of said services shall be reflected on public improvement plans.
43. Obtain approval from the Leucadia Wastewater District for the proposed sewer system required
to serve this project including but not limited to the sewer laterals and clean-outs shown on the
site plan.
44. The developer shall design and construct public potable water, recycled water, and sewer facilities
substantially as shown on the site plan to the satisfaction of the district engineer and city
engineer.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
45. Developer shall pay traffic impact impact fees based on Section 18.42 of the City of Carlsbad
Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff
report and shown on the tentative map are for planning purposes only.
46. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
47. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of
the Carlsbad Municipal Code.
48. 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.
49. The project shall comply with the latest nonresidential disabled access requirements pursuant to
Title 24 of the California Building Code.
PC RESO NO. 7315 -10-
50. 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 City Planner prior to
installation of such signs.
NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village
Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission’s
decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in
writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal
prior to any judicial review.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest
them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the
protest and any other required information with the City Manager for processing in accordance with
Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent
legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other
similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute
of limitations has previously otherwise expired.
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
PC RESO NO. 7315 -11-
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on November 7, 2018, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
MARTELL MONTGOMERY, Chair
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
BATIQUITOS LAGOON EL CAMINO REALA RENALRD
ALMADENLN
LACOSTAAVESTRELLADEMARRDMIMO
S
A
D
R COLUMBINE DRMANZANITA STC
A
TALPARD
C O STADELMARRDDU RANGOCRHUMMINGBIRDRD
PLAZA DE LA COSTAAMEND 2017-0026 / SDP 2017-0011
Omni La Costa Ballroom
SITE MAP
J
SITE
E
L
C
AMINO
RE
A
LLA COSTA AV
A L G A R DCARLSBAD
B
L
ATTACHMENT 2
ATTACHMENT 3