HomeMy WebLinkAbout2012-11-07; Planning Commission; ; SDP 05-04X2 - DKN HOTELThe City of Carlsbad Planning Division
A REPORT TO THE PLANNING COMMISSION
P.C. AGENDA OF: November 7, 2012
ItemNo. 8
Application complete date: April l8, 2012
Project Planner: Van Lynch
Project Engineer: David Rick
SUBJECT: SDP 05-04X2-DKN HOTEL-A request for a two year retroactive extension
of Site Development Plan 05-04x1 for the demolition of an existing hotel,
restaurant, and single family residence and for the constmction of a 3-stOiy, 104-
room hotel project on prope1iy located at 3136 Carlsbad Boulevard on the east
side of Carlsbad Boulevard between Pine Avenue and Oak Avenue in Land Use
District 9 of the Carlsbad Village Area Master Plan, in the Village Review and
Mello II Segments of the Local Coastal Program and in Local Facilities
Management Zone 1.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 6919
APPROVING a retroactive two-year extension of Site Development Plan 05-04 based upon the
findings and subject to the conditions contained therein.
II. INTRODUCTION
The applicant has requested a two-year time extension (from August 9, 2012 to August 8, 2014)
of RP 05-03x1 and Site Development Plan SDP 05-04x1 to allow the demolition of an existing
hotel, restaurant, and single family residence and for the constmction of a 3-story, 104-room
hotel project on prope1iy located at 3136 Carlsbad Boulevard on the east side of Carlsbad
Boulevard between Pine A venue and Oak A venue. The applicant, DKN Hotels, filed for an
extension in a timely manner on, April 18, 2012. The reason for the request is associated with
the economy and related funding to develop the prope1iy. The applicant has been working with
the City on project design changes due to new st01mwater restrictions.
III. PROJECT DESCRIPTION AND BACKGROUND
The subject prope1iy consists of two separate parcels (203-250-08 & 26) that are cunently owned
by the applicant. The total site area is .84 acres of which, .35 acres is located within the Village
Review Area with frontage along Carlsbad Boulevard. The remaining .49 acres is located
outside the Village Review area boundaries and is within the Commercial Tourist Zone and
fronts along Lincoln Street.
Cunently a 28 room two-st01y motel (Surf Motel), a 1,125 square foot restaurant (The Almenian
Cafe), and a single-family structure occupy the site, all of which are proposed for demolition.
The subject prope1iy is bordered by a 7-11 convenience store and other retail uses to the no1ih, a
multi-family residential use to the south, multi-family residential and a proposed mixed-use
project to the east and Carlsbad Boulevard to the west.
SDP 05-04x2 – DKN HOTEL
November 7, 2012
PAGE 2
The previously approved project consists of the construction of a 62,354 square foot, three-story hotel with on-site amenities for guests including a breakfast room, business center, and ground-
floor outdoor dining areas, as well as roof-top dining areas that front Carlsbad Boulevard with an
ocean view. The interior of the hotel includes amenities such as conference rooms, a business
library, guest laundry, a swimming pool & spa, and an exercise room. On-site improvements include 125 underground parking spaces, a circulation drive aisle, trash enclosures, exterior lights, and a six-foot tall masonry perimeter wall. The guest rooms vary with king, double,
accessible double and suite rooms.
IV. APPROVAL PROCESS The project requires an extension of a Site Development Plan and Coastal Development Permit
for the portion located within the Commercial Tourist Zone (C-T). The Planning Commission
will take action on the request for an extension of the Site Development Permit and is the final
approving body. The extension of the Coastal Development Permit is an administrative action and will be acted upon by the City Planner as a subsequent action. The City Council will be the only and final decision making authority on the Major Village Review Permit.
SDP 05-04 was approved by the Planning Commission and Design Review Board on March 7,
2007 subject to a condition that the approvals would become null and void if building permits were not issued within 24 months from the date of project approval. The project was subsequently approved by the Coastal Commission on August 7, 2008. The original project
approvals were to expire on August 7, 2010. The project requested and was granted a two year
extension on August 4, 2010. The applicant made a timely filing for another two year extension
of the project on April 18, 2012 and may therefore be considered for the extension request. Accordingly, staff is recommending that the Planning Commission (Design Review Board is no longer in place) approve the requested two year extension granted from August 9, 2012 resulting
in a new expiration date of August 8, 2014.
The project also requires an extension of a Major Review Permit because a portion of the property is located within the Village Review (V-R) area and involves new construction of a building with a building permit valuation greater than $150,000. The Major Village Review
Permit serves as the Site Development Plan required by Chapter 21.35 of the Carlsbad Municipal
Code for the portion of the property that falls within the V-R zone. An extension of the Coastal
Development Permit is also required. Staff will forward the request for the extension of the Major Village Review Permit and Coastal Development Permit for those two permits to the Community Development Commission pursuant to Section 2 of the Carlsbad Village Master
Plan and Design Manual for approval. A recommendation from a lower recommending decision
authority is not required in advance of this action by the final permit authority.
V. ANALYSIS
A. The DKN Hotel project remains consistent with all applicable plans, policies and
regulations listed below:
1. General Plan; Village Review (V-R) and Travel/Recreation Commercial (T-R) Land Use designations;
SDP 05-04x2 – DKN HOTEL
November 7, 2012
PAGE 3
2. Local Coastal Program; Land Use Plan; Village Redevelopment/Review and Mello II Segments;
3. Carlsbad Municipal Code, Title 21 (Zoning Ordinance) including:
a. Chapter 21.03 – Coastal Resource Protection Overlay Zone;
b. Chapter 21.06 – Site Development Plan findings required by the Beach Area Overlay Zone; c. Chapter 21.29 – Commercial Tourist Zone (C-T);
d. Chapter 21.35 – Village Review Zone (V-R) and;
4. Growth Management Ordinance (Local Facilities Management Plan Zone 1).
5. The project is in compliance with the new stormwater requirements and only minor modifications to outdoor patio areas which have been reduced in size to accommodate the added stormwater retention and treatment areas.
B. The adopted project findings for SDP 05-04x1, which are contained in Planning
Commission Resolution No. 6721 and referred to in Planning Commission Resolution No. 6259 still apply to this project (SDP 05-04x2).
C. The adopted project conditions for SDP 05-04x1, which are contained in Planning
Commission Resolution No. 6721, still apply to this project (SDP 05-04x2) with the
exception of Condition No. 8 which is replaced by Condition No. 8 in Planning Commission Resolution No. 6919 to retroactively extend SDP 05-04x1 for 2 years from August 9, 2012 through August 8, 2014.
VI. ENVIRONMENTAL REVIEW
The project has been reviewed pursuant to the California Environmental Quality Act (CEQA). The City Planner has determined that the potential environmental effects of the project were
adequately analyzed by the previously adopted Negative Declaration for SDP 05-04/RP 05-
03/CDP 05-14.
ATTACHMENTS:
1. Planning Commission Resolution No. 6919
2. Location Map
3. Disclosure Statement 4. Applicants request for extension dated April 18, 2012 5. Planning Commission Resolution No. 6721 (SDP 05-04x1)
6. Planning Commission Resolution No. 6259 (SDP 05-04)
7. Planning Commission Resolution No. 6258 (CDP 05-14)
8. Design Review Board Resolution No. 319 (RP 05-03)
9. Housing and Redevelopment Commission Resolution No. 438 (RP 05-03/CDP 05-14) 10. Housing and Redevelopment Commission Resolution No. 491 (RP 05-03x1)
11. Design Review Board Resolution No. 320 (CDP 05-14)
12. Housing and Redevelopment Commission Resolution No. 492 (CDP 05-14x1)
13. Reduced Exhibits
• N
NOT TO SCALE
DKN Hotel
SDP05-04x2
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PLANNING COMMISSION RESOLUTION NO. 6721
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A TWO-
YEAR EXTENSION OF SITE DEVELOPMENT PLAN SDP 05-04
TO DEMOLISH A HOTEL, RESTAURANT, AND SINGLE
FAMILY RESIDENCE AND FOR THE CONSTRUCTION OF A
THREE-STORY, I04-ROOM HOTEL PROJECT ON PROPERTY
GENERALLY LOCATED ON THE EAST SIDE OF CARLSBAD
BOULEY ARD BETWEEN PINE A VENUE AND OAK A VENUE
IN THE MELLO II SEGMENT OF THE LOCAL COASTAL
PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE
I.
CASE NAME:
CASE NO.:
DKNHOTEL
SDP 05-04XI
WHEREAS, SC HOTELS LLC, "Developer" and "Owner" has filed a verified
application with the City of Carlsbad regarding described as
Portion of Block 18, Town of Carlsbad per Map No. 775,
Recorded 2-15-1894 and Portion of Tract 100, Carlsbad Lands
per Map 1661, Recorded 3-1-1915, all in the City of Carlsbad,
County of San Diego, State of California. APN 203-250-08 and
26-00
("the Property"); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan Extension as shown on Exhibits "A" -"R" dated March 7, 2007, on file in the Planning
Department DKN HOTEL-SDP 05-04X1 as provided by Chapter 21.06/Section 21.53.120 of
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on August 4, 2010, 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 Site Development Plan Extension.
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WHEREAS, on March 7, 2007, the Planning Commission approved, SDP 05-
04, as described and conditioned in Planning Commission Resolution No. 6259 .
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Planning
Commission APPROVES DKN HOTEL -SDP 05-04Xl based on the
following findings and subject to the following conditions:
Findings:
1.
2.
3.
The adopted findings for SDP 05-04xl, which are contained in Planning Commission
Resolution No. 6259, apply to this extension and are incorporated herein by this
reference.
That the Planning Director determined the potential environmental effects of the project
were adequately analyzed by the previously adopted Negative Declaration for DKN Hotel
-SDP 05-04, Planning Commission Resolution No. 6254, at Planning Commission on
March 7, 2007.
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 the issuance of
a grading or building permit, whichever occurs first.
1.
2.
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 Site Development Plan
Extension.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Site Development Plan Extension documents, as necessary to
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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.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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 Site Development Plan
Extension, (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.
All conditions contained in Planning Commission Resolution No. 6259 dated March
7, 2007 for SDP 05-04 are incorporated herein by reference and remain in effect,
except for Condition No. 12 which is superseded by Condition No.8 below.
This approval is granted subject to the approval of COP 05-14x1 and RP 05-03x1 and is
subject to all conditions contained in those Housing and Redevelopment Commission
Resolutions and in the administrative approval documents for those other approvals
incorporated herein by reference.
This approval shall become null and void if building permits are not issued for this
project by August 8, 2012.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 1 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
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.
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12.
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 1, 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.
Prior to the issuance of building permits, 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 Planning
Director, notifying all interested parties and successors in interest that the City of
Carlsbad has issued an extension by Resolution No. 6721 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.
NOTICE
Please take NOTICE that approval ofyour 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 Governm.ent 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.
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PLANNING COMMISSION RESOLUTION NO. 6259
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
DEVELOPMENT PLAN 05-04 FOR THE DEMOLITION OF A
HOTEL, RESTAURANT, AND SINGLE FAMILY RESIDENCE
AND FOR THE CONSTRUCTION OF A 3-STORY, 104-ROOM
HOTEL PROJECT ON PROPERTY LOCATED AT 3136
CARLSBAD BOULEY ARD ON THE EAST SIDE OF
CARLSBAD BOULEY ARD BETWEEN PINE A VENUE AND
OAK A VENUE IN THE MELLO II SEGMENT OF THE LOCAL
COASTAL PROGRAM AND IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: DKN HOTEL
CASE NO.: SDP 05-04
WHEREAS, Dahya Bhai L. and Shantaben Patel, "Developer/Owner," has
filed a verified application with the City of Carlsbad regarding property described as
Portion of Block 18, Town of Carlsbad per Map No. 775,
Recorded 2-15-1894 and Portion of Tract 100, Carlsbad Lands
per Map 1661, Recorded 3-1-1915, all in the City of Carlsbad,
County of San Diego, State of California. APN 203-250-08 and
26-00
("the Property"); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan as shown on Exhibits "A"-"R" dated March 7, 2007, on file in the Planning Department,
DKN HOTEL-SDP 05-04 as provided by Chapter 21.06/Section 21.53.120 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on the 7th day of March, 2007 , 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 Site Development Plan.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission ofthe City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
Commission APPROVES DKN HOTE~-SDP 05-04 based on the following
findings and subject to the following conditions:
Findings:
1.
2.
3.
4.
5.
6.
That the requested use is properly related to the site, surroundings and environmental
settings, is consistent with the various elements and objectives of the General Plan, will
not be detrimental to existing uses or to uses specifically permitted in the area in which
the proposed use is to be located, and will not adversely impact the site, surroundings or
traffic circulation, in that the proposed 104 room hotel use is appropriate in the
Travel/Recreation Commercial Land Use and Tourist Commercial (C-T) Zoning
designations, that the proposed development meets the minimum development
standards for the C-T Zone and that adequate separation and buffers would ensure
compatibility with the adjacent Multi-Family Residential and Commercial Uses.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that the project complies with all City policies and standards without the need for a
variance from development standards.
That all 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 project provides the required setbacks,
incorporates landscaping consistent with the City of Carlsbad Landscape Manual
and screens adjacent land uses from the outdoor recreational component of the site
with building mass.
That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the project takes vehicular access from
·Carlsbad Boulevard, a major arterial roadway with adequate capacity to serve the
project. The project presently generates 372 ADT and the existing Carlsbad
Boulevard roadway is adequate to handle 452 ADT increase in the traffic generated
by the proposed hotel use, for a total ADT generation of 824 Trips.
That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
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 issuance of a
building permit or grading permit, whichever occurs first.
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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 Site Development Plan.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Site Development Plan 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.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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 Site Development Plan,
(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.
Developer shall submit to the 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.
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This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 1 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.
Approval is granted for SDP OS-04 as shown on Exhibits "A" -"R", dated March 7,
2007, on file in the Planning Department and incorporated herein by reference.
Development shall occur substantially as shown unless otherwise noted in these
conditions.
This approval is granted subject to the approval of the Negative Declaration, GPA OS-
OS, ZC OS-02, LCPA OS-02, CDP OS-14 and RP OS-03 and is subject to all conditions
contained in Planning Commission Resolutions No. 62S4, 62SS, 62S6, 62S7 and 62S8
and Design Review Board Resolution No. 319 for those other approvals.
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.
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.
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 1, 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.
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 Development and Planning.
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
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Recorder, subject to the satisfaction of the Planning Director, notifying all interested
parties and successors in interest that the City of Carlsbad has issued a Site Development
Permit by Resolution No. 6259 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 21.1 05. Location of said receptacles shall be approved by the Planning
Director. Enclosure shall be of similar colors and/or materials to the project to the
satisfaction of the Planning Director.
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 property.
The Developer shall follow the City of Carlsbad Cultural Resources Guidelines
during grading. A certified archeologist and a culturally affiliated Native
American, with knowledge in cultural resources, should monitor all ground-
disturbing activities.
The hours of operation of the pool, spa and outdoor gathering area facilities shall be
restricted to 6:00AM to 10:00 PM.
Deliveries and services from Lincoln Street shall be limited to the hours between
6:00AM and 10:00 PM.
Code Reminders
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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 Ordinanc.e and shall require review and approval of the Planning
Director prior to installation of such signs.
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28. 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 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.
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PLANNING COMMISSION RESOLUTION NO. 6258
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF COASTAL DEVELOPMENT PERMIT CDP 05-
14 FOR THE DEMOLITION OF A HOTEL, RESTAURANT,
AND SINGLE FAMILY RESIDENCE AND FOR THE
CONSTRUCTION OF A 3-STORY, 104-ROOM HOTEL
PROJECT ON PROPERTY LOCATED AT 3136 CARLSBAD
BOULEY ARD ON THE EAST SIDE OF CARLSBAD
BOULEY ARD BETWEEN PINE A VENUE AND OAK
A VENUE IN THE MELLO II SEGMENT OF THE LOCAL
COASTAL PROGRAM AND IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: DKN HOTEL
CASE NO.: CDP 05-14
WHEREAS, Dahya Bhai L. and Shantaben Patel, "Developer/Owner," has
filed a verified application with the City of Carlsbad regarding property described as
Portion of Block 18, Town of Carlsbad per Map No. 775,
Recorded 2-15-1894 and Portion of Tract 100, Carlsbad Lands
per Map 1661, Recorded 3-1-1915, all in the City of Carlsbad,
County of San Diego, State of California. APN 203-250-08 and
26-00
("the Property"); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits "A" -"R" dated March 7, 2007, on file in the
Planning Department, DKN HOTEL-CDP 05-14, as provided by Chapter 21.201.040 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 7th day of March, 2007, hold
a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, a~ 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 CDP.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission ofthe City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of DKN HOTEL -CDP 05-14 based -on the
6 following findings and subject to the following conditions:
7 Findings:
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1.
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That the portion of the proposed development in the Mello II Segment of the Local
Coastal Program is in conformance with the Certified Local Coastal Program and all
applicable policies in that the site is designated with approval of GP A 05-05, ZC 05-
02, and LCP A 05-02 for hotel/motel development and the project consists of the
construction of 104 hotel units on a .84 acre site; the development does not obstruct
views of the coastline as seen from public lands or public rights-of-way or otherwise
damage the visual beauty of the coastal zone; and no agricultural activities, sensitive
resources, geological instability, or coastal access opportunities exist on the site.
The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that no coastal access areas or water oriented recreational
activities exist on or near the site.
The project is consistent with the provisions of the Coastal Resource Protection Overlay
Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the
City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard
Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff
Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil
erosion. No steep slopes or native vegetation is located on the subject property and the
site is not located in an area prone to landslides, or susceptible to accelerated erosion,
floods, or liquefaction.
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 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
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2.
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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 Coastal Development Permit.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Coastal Development Permit 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.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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 Coastal 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.
This approval is granted subject to the approval of the Negative Declaration, GPA 05-
05, ZC 05-02 and SDP 05-04 and is subject to all conditions contained in Planning
Commission Resolutions No. 6254, 6255, 6256, 6257 and 6259 for those other approvals.
The applicant shall apply for and be issued building permits for this project within two
(2) years of approval or this coastal development permit will expire unless extended per
Section 21.201.210 ofthe Zoning Ordinance.
8. The applicant shall apply for and obtain a grading permit issued by the City Engineer.
9. The project site is located in an area that may contain soil material that is suitable
for beach sand replenishment. Prior to the issuance of a grading permit, and as
part of the grading plan preparation, the developer shall test the soil material to be
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exported from the project site to determine the materials suitability for sand
replenishment. Material testing shall be conducted pursuant to the requirements of
the Carlsbad Opportunistic Beach Fill Program (COBFP). If the material is deemed
suitable for beach replenishment pursuant to the guidelines established in the
COBFP, the developer shall comply with the process outlined in the COBFP to
transport and place the beach quality material on the beach site identified in the
COBFP. The city may refuse the placement of the exported material on the beach,
if it is determined that any aspect of the project does not comply with the provisions
of the COBFP (i.e. seasonal restrictions on beach fill activities, quantity and quality
of the material, etc.). The COBFP prohibits placement of beach fill on the beach
during the summer season (between the last Monday in May, Memorial Day, and
the first Monday in September, Labor Day); therefore, if project construction will
result in the export of the soil material from the site occurring during this summer
timeframe, the requirements of this condition shall not apply, but may be voluntary
if the developer chooses to store the exported material until placement of sand on
the beach is permitted per the COBFP.
NOTICE
Please take NOTICE that approval ofyour 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.
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DESIGN REVIEW BOARD RESOLUTION NO. 319
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF MAJOR REDEVELOPMENT PERMIT RP 05-
03 TO ALLOW THE CONSTRUCTION OF A 1 04-ROOM
HOTEL PROJECT ON PROPERTY LOCATED AT 3136
CARLSBAD BOULEY ARD BETWEEN PINE A VENUE AND
OAK A VENUE IN LAND USE DISTRICT 9 OF THE
CARLSBAD VILLAGE REDEVELOPMENT AREA AND IN
LOCAL FACILITIES MANAGEMENT ZONE 1, INCLUDING A
VARIANCE FOR A PORTION OF THE NORTH SIDE YARD
SETBACK THAT IS BELOW THE MINIMUM OF THE
~IDB~GK_ ~,STANDh,B.P-~~-BANQJ;~~~~EQR_Il:!§_. YIJ,.LAGE
REDEVELOPMENT AREA.
CASE NAME: DKN HOTEL
CASE NO: RP 05-03
WHEREAS, Dahya Bhai L. and Shantaben Patel, '~Df:weloper/Owner," has
filed a verified application with the Redevelopment Agency of the City of Carlsbad regarding
property described as
Portion of Block 18, Town of Carlsbad per Map No. 775,
Recorded 2-15-1894 and Portion of Tract 100, Carlsbad Lands
per Map 1661, Recorded 3-1-1915, all in the City of Carlsbad,
County of San Diego, State of California. APN 203-250-08 and
26-00
("the Property"); and
WHEREAS, said application constitutes a request for a Major Redevelopment Permit, as
shown on Exhibits "A"-"R" dated March 7, 2007, on file in the Housing and Redevelopment
Department, DKN HOTEL -RP 05-03, as provided by Chapter 21.35.080 of the Carlsbad
Municipal Code; and
WHEREAS, the Design Review Board did on the 7th day of March, 2007, hold a duly
noticed public hearing as prescribed by law to consider smd request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of persons desiring to be heard, said Board considered all factors related to
DKN HOTEL -RP 05-03.
NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as
follows:
A. That the foregoing recitations are true and correct.
B. That based on the evidence presented 'at the public hearing, the Design Review
9-----,,,,, ~--~--~---~Board RECOMMENDS APPROVAL gfPK~·~J!Q,_lJH,-~":-_Rf QS-()~,-~f!~~Q-_911, _,_,
· the following findings and subject to the following conditions:
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GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS:
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1. The Design, Review Board finds that the project, as conditioned herein and with the
findings contained herein for the north sideyard setback variance, is in conformance
with the City's General Plan, the Carlsbad Village Area :Redevelopment Plan and the
Carlsbad Village Redevelopment Master Plan and Design Manual, and all pertment
provisions of the Carlsbad Municipal Code based on the facts set forth in the staff report
dated March 7, 2007 including, but not limited !O the following:
a. The project is consistent with the Carlsbad General Plan in that it provides
for a tourist/traveler serving use normally associated with coastal highways
(Carlsbad Boulevard) in an appropriate location within the Village. The use
in turn provides an additional customer base for local restaurants, specialty
shops~ and nearby convenience services. Additionally, the project provides
new economic development by replacing the existing underutilized uses on
the subject property with a new hotel use. The General Plan objective is to
implement the Redevelopment Pia~ through the comprehensive Village
Master Plan and Design Manual. By providing more hotel lodging, the
project helps to create a lively, interesting social environment by encouraging
and increasing the opportunity for 24-hour life in the Village, which provides
the necessary customer base to attract complementary uses. The project
reinforces the pedestrian-orientation desired for the downtown area with a
hotel location that provides an opportunity for hotel patrons to walk to
shopping, recreation, and mass transit functions. The projects proximity to
existing bus routes and mass transit will help to further the goal of providing
new economic development near transportation corridors. Furthermore, the
project will provide a strong street presence with extensive architectural
relief, including outdoor patios looking out over Carlsbad Boulevard and
parking that is out-of-site and below grade. Overall, the new hotel will
enhance the Village as a place for living and working.
b. The project is consistent with the land use standards set forth in the Village
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c.
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Master Plan in that it will provide a permitted use (hotel) in an appropriate
location within Land Use District 9 of the Village Redevelopment Area. The
proposed project assists in satisfying the goals and objectives set forth for
Land Use District 9 through the following actions: 1) it establishes the Village
as a quality shopping, working, and living environment providing additional
lodging for visitors who will shop and dine within the Village adding to the
lively environment within the downtown area, 2) it improves the pedestrian
circulation in the Village Area by providing lodging in close proximity to
both bus and rail mass transit options and will thus encourage and promote
the use of mass transit, further improving vehicular circulation in the
ViUage, 3) it stimulates property 'improvements and new improvements in the
Village ,by providing an appropriate. intensity of development that is
compatible with the surrounding area and may serve as a catalyst for future
______ r.e.deY..elopment_in_the __ ar.ea,_4)_it~impr.oY.e.s.Jh!L.RhY-si~aLappe.arance_of. the ~ =·~r
Village Area by replacing older structures with· an aesthetically pleasing
__ building that meets the requirements of the design gui4elines for the ViUage. . .
The project as designed is consistent with . the de':'elopment standards for
·Land Use District 9, design guidelines, and other appli~~ble regulations set
forth in the ViUage Master Plan and Design Manual, wi~~ the exception of
the requested variance. · ·
d. The findings required allowing reductions in the front y~_rd setback and the
south side yard setback at a level below the max~_um and within the
· standard range are as follows. First, the propose~-se~back will not have an
adverse impact on surrounding properties as the red~'ced. 'setback will allow
_.for the outdoor dining areas and the business center·to. be· close to the street
reinforcing the pedestrian interaction along ~a~lsbad Boulevard helping to
create a lively commercial block frontage. The· reduced front yard setback
will, therefore, encourage and maintain the ' existing visitor-serving
commercial continuity _and synergy that exists _along Carlsbad Boulevard
adding to the shopping experience in the Village. The reduced side yard
standard will help to break up the mass of the building allowing other
portions of the building to be setback further. Second, the reduced
standards will assist in developing a project that meets the goals of the
Village Redevelopment Area and is consistent with the land use objectives in
that the project will replace existing blighted structures with a visually
appealing project that has scale and character that will improve the
appearance and condition of the current Village hotel lodging stock helping
to stimulate property improvements and further new development iin the
Village. The project will help to further establish Carlsbad Village as a
quality shopping and living environment by providing an attraction for
additional tourist-serving uses. Lastly, the reduced standards will assist in
creating a project design that is interesting, visually appealing and reinforces
the Village character of the area through setbacks that provide adequate
space for landscaping and decorative paving at the ground floor allowing
building recesses and relief along the various building planes. The reduced
standards will assist in creating greater architectural articulation adjacent to
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2.
the street and will assist in the effort to make the building visually interesting
and more appealing which is a primary goal of the Village Design guidelines
in reinforcing the Village character.
e. The existing streets can accommodate the estimated ADTs and all required
public right-of-way has been or will be dedicated and has been or will be
improved to serve the development. The pedestrian spaces and circulation
have been designed in relationship to the land use and available parking.
Pedestrian circulation is provided through pedestrian-oriented building
design, landscaping, and hardscape. Public facilities have been or will be
constructed to serve the proposed project. The project has been conditioned
to dev~lop and implement a program of "best management practices" for the
elimination and reduction of pollutants which enter into and/or are
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f. The proposed project will not have an adverse impact on any open space
withiu the surrounding area. The project is consistent with the Open Space
requirements for new development within the Village Redevelopment Area
-and the City's Landscape Manual.
g. Th.e proposed project has ~een conditioned to comply with the Uniform
Building and Fire Codes adopted by the City to ensure that the project meets
appropriate fire protection and other safety standards.
The Design Review Board finds as follows to allow a variance for the north side yard
setback that is below the minimum of the standard range:
a. That because of special circumstances applicable to -the subject property,
including size, shape, topography, location or surroundings, the strict application
of the zoning ordinance deprives such property of privileges enjoyed by other
property in the vicinity and under identical zoning classification, in that the shape
of the lot is unusual due to it's "wedged" shape configuration at the north
end of the site fronting Carlsbad Boulevard. This shape restricts the design
flexibility for new visitor-serving commercial uses. However, through the
reduction (variance), the applicant is able to provide a large enough outdoor
dining area at the north end of the site that will serve to reinforce the
pedestrian interaction between hotel patrons. and pedestrians helping to
generate a lively commercial block frontage with visitor-serving commercial
continuity. This is consistent with the goals and objectives of the Village that
include attracting additional tourist serving commercial uses and reinforcing
the pedestrian commercial continuity within the Village commercial districts.
The additional outdoor dining area, enabled through the variance, is
necessary at the north corner of the site in order to maintain the existing
visitor-serving commercial continuity and synergy that exists along Carlsbad
Boulevard.
b. That the variance shall not constitute a grant of special privileges mconsistent
with the limitations upon other properties in the vicinity and zone in which the
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3.
c.
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subject property is located and is subject to any conditions necessary to ensure
compliance with this finding, in that the property to the north currently has a
zero foot side yard and rear yard setback. By allowing the subject project to
abut the property line to the north, the project will share the same setback
standard as the property to the north. Allowing the setback standard below
the 5-foot minimum will eliminate an area between the proposed and existing
building that could collect trash and debris and eventually become a health
and safety concern.
That the variance does not authorize a use or activity which is not otherwise
expressly authorized by the zone regulation governing the subject property, in that
a hotel use is a permitted use within Land Use District 9 (Tourism Support
Area) of the V-R zoning designation.
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That the variance is consistent with the general purpose-and intent of the general
plan, Carlsbad village area redevylopmenf plan, 'and. the Carlsbad Village
Redevelopment Master Plan and Design Manual, '.in that the standards
established in the Village Master Plan and Design Manual were intended to
be somewhat flexible in order to encourage 'div_ersity and variety of
development and to take into consideration the unique conditions associated
with many of the properties in the redevelopment ~rea. --The reduced side
yard setback is consistent with the existing site conditions to the north where
the property to the north currently has a zero foot side _yard and rear yard
setback. The requested variance in no way changes tlie use or development
of the site in a manner that is inconsistent with··the general purpose and
intent of the General Plan, Carlsbad Village Area ·Redevelopment Plan, and
the Carlsbad Village Redevelopment Master Plan and Design Manual.
In addition, in the coastal zone, the variance is consistent with and implements the
requirements of the certified local coastal program and that the variance does not
reduce or in any' manner adversely affect the protection of coastal resources as
specified in the zones included in this title, and the variance implements the
purposes of zones adopted to implement the local coastal program land use plan,
in that the variance is consistent with the intent of the requirements of the
Village Master Plan and Design Manual, which functions as the Local
Coastal Program for the area. As long as the project is consistent with the
Village Master Plan and Design Manual, the project is consistent with the
Local Coastal Program. The variance allows for a permitted hotel use with
outdoor seating, which is consistent with the Village Master Plan and Design
Manual and therefore is consistent with the Local Coastal Program.
The project is consistent with the City-wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 1, and all City public facility policies and
ordmances. 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
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4.
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project will be installed to serve new development prior to or concurrent with need.
Specifically,
a. The project has been conditioned to ensure that building permits will not be
issued for the project unless the District Engineer determines that sewer
service is available, and building cannot occur within the project unless
sewer service remains available and the District Engineer is satisfied that the
requirements of the Public Facilities Element of the General Plan have been
met insofar as they apply to sewer service for this project.
b. All necessary public improvements have been provided or are required as
conditions of approval.
c. The Public Facility fee is required to be paid by Council Policy No. 17 and
~~-~---~-=WiiJ~b·e~~coue~cted~p~tiOt"'to-tbe'-,issuance of~buildin~g,-p~ermit.------~ -<e
The projectis consistent with the City's Landscape Manual.
The Design Review Board has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby fin~s, 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.
GENERAL CONDITIONS:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of
building permits.
1.
2.
3.
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/Agency 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! Agency's approval of this
Major Redevelopment Permit.
Staff is authorized and directed to make, or require the Developer to make, all correctiOns
and modifications to the Major Redevelopment Permit 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.
The Developer shall comply with all applicable provisions of federal, state, and local
ordinances 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 Housing and Redevelopment Conimission determines that the project
without the condition complies with all requirements of law.
The Developer/Operator shall and does hereby agree to indemnify, protect, defend and
hold harmless the Redevelopment Agency of the City of Carlsbad, its governing body
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 Agency arising, ·directly or indirectly, from (a) Agency's
approval and issuance of this Major Redevelopment Permit, (b) Agency's approval or
__ jssuance_of_any_"_permit_or_action,_whetheL_discr.etionacy ___ or_ ~noo-:discn<tionazy, _ ju_ ----=
connection with the use contemplated herein, and (c) Devdoper/Operator's installation
and operation of the facility perm~tted hereby, including without limttation, any and all
liabilities arising from the emission by the facility of electromagnetic fields or other
energy waves or emissions. This obligation serves until all legal proceedings have been
concluQed and continues even if the Agency's approval is not vaJjdated.
The Developer shall submit to the Housing and Redeyelopment Department a
reproducible 24" x 36", mylar copy of the Major Redevelopment.Permit reflecting the
conditions approved by the final decision making body.
The Developer shall include, as part of the plans submitted for any permit plan check, a
reduced legible version of all approving resolution(s) in a 24'-' x. 36" blueline drawing
format.
Prior to the issuance of a building permit, the Developer shall 'provide proof to the
Director from the Carlsbad 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 1 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
Approval is granted for Major Redevelopment Permit RP 05-03 as shown on Exhibits
"A" -"R" dated March 7, 2007, on file in the Housing and Redevelopment
Department and incorporated herein by reference. Development shall occur substantially
as shown unless otherwise noted in these conditions.
This approval is granted subject to the approval of the Negative Declaration and GPA
06-01, LCPA 05-02, CDP 05-14, and SDP 05-04 and is subject to all conditiOns
contained in Planning Commission Resolutions No. 6254, 6255, 6257, 6258 and 6259
and Design Review Board Resolution Nos.,321 and 320 for those other approvals.
12. · This approval shall become null and void if building permtts are not issued for this
project within 24 months from the date of project approval.
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13. Building permits will not be issued for the 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. A note to this effect shall be
placed on the final map.
Landscape Conditions:
14. The 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. The Developer shall construct and mstall all
landscaping as shown on the approved F~nal Plans, and maintain all landscaping in a
-·~ ~ ~ --=' ·-··~ 9 . --=· ... __ .... h~~!t!tx and thriYi!!K9QnQ!!iQn,Jr~~ .. frill.!l.:~ve~~,._!rash,_aqd <!~h~~ .. -~. _ . -~. _ ---·· ·--... ___ . __
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15. Th~ first submittal of Final. Landscape and Irrigation Plans shaH be pursuant to the
landscape p'an ((heck process on file in the Planning Department and accompanied by the
project's building, improvement, and grading plans.
Noticing~Conditions:
16. Prior to the issuance of the building permit, Developer shall submit to the City a Notice
of Restriction to be filed in the office of the County Recorder, subject to the sansfaction
of the Housing and Redevelopment Director, notifying all interested parties and
successors in interest that the City of Carlsbad has issued a Major Redevelopment
Permit, Coastal Development Permit, and Negatiye Declaration by Resolutton{s) No.
319, 320, and 321 on the real property owned by the Developer. Said Notice of
Restriction sh~ll note the property description, location of the file containing complete
project details and all conditions of approval as well as any ·conditiOns 'or restnctions
specified for inclusion in the Notice of Restriction. The Housing and Redevelopment
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.
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17. The Developer shall construct trash receptacle and recycling areas as shown on the site
plan (Exhibit "B") enclosed by a six-foot high masonry waH with gates pursuant to City
Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said
re9eptacles shall be approved by the Housing and Redevelopment Director and/or
Planning Director. Enclosure shall be of stmilar colors and/or materials to the project to
the satisfaction of the Housing and Redevelopment Director and/or Planning
Director.
18. No outdoor storage of material shaH occur onsite unless required by the Ftre Chief When
so required, the Developer shall submit and obtain approval of the F1re Chief and
Housing and Redevelopment Director of an Outdoor Storage Plan, and thereafter
comply with the approved plan.
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damage to the underlying and adjacent properties or the creation of a public
nuisance.
Prior to approval of any grading or building permits for this project, Developer shall
cause Owner to give written consent to the City Engineer to the annexation of the area
shown within the boundaries of the subdivision into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1 and/or to the formation or annexation into an
additional Street Lighting and Landscaping District. Said written consent shall be
on a form provided by the City Engineer.
Grading
28. Upon completion of grading, Developer shall file an "as-graded" geologic plan with the
____ ~ ~ __.__Ci_ty_ __ Engi!lJ*I~~Th~-.R~b~lL~l~lldY. sbo~~alJJ]l~--g~J.Qgy~~'!§~ ~~P9.§~d _ _Qy~th~~gn~<!ing_~ --~-~
operation,_ ap geologic corrective measures as actUally constructed and must be based on a
contou~ map wh1ch represents both the pre and post site grading. The plan shall be signed
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by both the· soils engineer and the engineering geologist, and shall be submitted on a 24"
x 36" mylar or similar drafting film format suitable for a' permanent record.
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 from the City Engineer prior to issuance of a_ building permit for the
project.
Dedications/Improvements
30.
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Developer shall cause Owner to execute a covenant of easement for drainage purposes
as shown on the site plan. The obligation to execute and record the covenant of easement
shall be shown and recording information called out on the site plan. Developer shall
provide City Engineer with proof of recordation prior to issuance ofbuildmg permit.
Additional drainage easements may be required. Developer shall dedicate and provide or
mstall drainage structures, as may be required by the City Engineer, prior to or concurrent
with any grading or buildtng permit.
Developer shall provide the design of all private streets and drainage systems to the
satisfaction of the City Engineer. The structural section of all private streets shall conform
to City of Carlsbad Standards based on R-value tests. AH private streets and drainage
systems shall be inspected by the City. Developer shall pay the standard Improvement
plan check and inspection fees.
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, grading, clearing and grubbmg,
undergrounding or relocation of utilities, sewer, water, and drainage curb outlets, to City
Standards to the satisfactiOn of the City Engineer. The improvements are:
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a) Curb, gutter and sidewalk fronting Lincoln Street.
b) Underground of utility poles and wire on Lincoln Street property frontage.
c) Installation of domestic and fire water services.
d) Installation of sewer lateral as needed.
e) Installation of drainage curb outlet on Lincoln Street and Carlsbad Boulevard.
f) Street pavement and base on Lincoln Street frontage as needed between street
centerline and proposed curb and gutter.
g) Installation of driveway approach and replacement of driveway approach with
curb and gutter on Carlsbad Boulevard
A list of the above shall be placed on an additional map sheet on the Final Map per the
provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above
shall be constructed within 18 months of approval-of the subdivision or development-
_Lll1PIQ~~ent agr~~tg~n~ch_ __ o!he!J.~-~ a~p!ovid~§~ail~~~en!:. _, _____ ~ --~-___ _
Prior to issuance of building permits, Developer shall underground all existing overhead
utilities along and within the project boundary.
D~veloper shall have the entire drainage system designed, submitted to and approved by
the City Engineer, to ensure that runoff result~ng from 1 0-year-' frequency storms of 6
hours and 24 hours duration under, developed conditions, are __ equal to or less than the
runoff from a storm of the same frequency and dur~tion under , existing developed
conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determme the
detention basin capacities necessary to accomplish the desired results. ·
Developer shall comply with the City's requirements of the Nation~l Pollutant Discharge
Elimination System (NPDES) permit. 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 improveinents shall be submitted to
and subject to the approval of the City Engineer. Said plans shall include but not be
limited to notifYing prospective owners and tenants of the following:
A. 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.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor ml,
antifreeze, solvents, paints, paint thirtners, 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.
C. Best Management Practices shall be used to elimmate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
Pnor to the issuance of grading permit or building permit, whichever occurs first,
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Developer shall submit for City approval a "Storm Water Management Plan (SWMP)."
The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
Storm water Mitigation Plan (SUSMP), Order 2001-01 Issued by the San Diego Region
of the California Regional Water Quality Control Board and City of Carlsbad Municipal
Code. The SWMP shall address measures to avoid contact or filter said pollutants from
storm water, to the maximum extent practicable, for the post-construction stage of the
project. At a minimum, the SWMP shall:
a. identify existing and post-development on-site pollutants-of-concern;
b. identify the hydrologic unit this project contributes to and impaired water bodies
that could be impacted by this project;
c. recommend source controls and treatment controls that will be implemented with
this project to avoid contact or filter said pollutants from storm water to the
__ maxipnLmJ::xt~ntpra_cJic.a_bJ~. b~fQ4r~i~~Q.argigg tQ_Qly __ rigp!-Qf:}X~y;_ _ __ --·~ -~·~-
d. establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to employee-education on the proper
procedures for handling clean up and disposal of pollutants;
e. ensure long-term maintenance of all post construct BMP~ in perpetuity; and
f. identify how post-development runoff rates and velocities from the site will not
exceed the pre-development runoff rates and velocities to the maximum extent
practicable.
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 parkmg 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.
The developer shall process and receive approval of an adjustment plat to
consolidate the four lots within the project boundaries into one lot.
Property owner shall enter into an encroachment agreement with the City for any
private improvements proposed within the public right-of-way, including decorate
pavement within driveway approaches. Encroachment Agreements shall be
processed in accordance with City procedures and fees.
Prior to approval of improvement plans or final map, Developer shall meet with the Fire
Marshal to determine if fire protection measures (fire flows, fire hydrant locations,
building spnnklers) are required to serve the project. Fire hydrants, If proposed, shall be
considered public Improvements and shall be served by public water mams to the
·satisfaction of the District Engineer.
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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 charge(s) prior to issuance of Building Permits.
The Developer shall install potable 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 install sewer laterals and clean-outs at a location approved by the
District Engineer. The locations of sewer laterals shall be reflected on public
improvement plans.
The Developer shall design and construct public water, sewer, and recycled water
---~--__ ~-___ facilities_substantially ___ a~LshoJYtLOJl_th.e": SiJ:e__ PlaiL.Jo .. Jhe_~ti__~f(l~tjgtLo(Jb.~ _D_i~tri~L --~~-
Engine~r. Proposed public facilities shall be reflected on public improvement plans.
46. This· project is approved upon the express condition thai building permits will not be
issued for the development of the subject property, unless the-District Engineer has
determine~ that adequate water and sewer facilities are. available at the time of
occupancy.
47. Prior to Final Map approval or issuance of building permits, wh1ch~v~t-i~ first, the entire
potable water and sewer system_ shall be evaluated in detail-to ensure that adequate
-capacity, pressure, and flow demands can be met to the satisfaction of the District
48.
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Engineer. --
The Developer shall submit a detailed sewer study, prepared by a Registered
Engineer, that identifies the peak flows of the project, require.~ pipe sizes, depth of
flow in pipe, velocity in the main lines, and the capaCity of the existing
infrastructure. Said study shall be submitted concurrently with the improvement
plans for the project and the study shall be prepared to the satisfaction of the
District Engineer.
The Developer shall submit a detailed potable water study, prepared by a
Registered Engineer that identifies the peak demands of the project (including fire
flow c;lemands). The study shall identify velocity in the main lines, pressure zones,
and the required pipe sizes. Said study shall' be submitted concurrently with the
improvement plans for the project and the study shall be prepared to the
satisfaction of the District Engineer.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following code requirements.
50. Developer shall pay the citywide Public Facilities Fee imposed by City Council Polley
28 # 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. authonzed by
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Carlsbad Municipal ~ode Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees and not paid, this
approval will not be consistent with the General Plan and shall become void.
51. The Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
52. This approval shall become null and void if building permits are not issued for thts
project within 24 months from the date of final project approval.
53. 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
... p~:rmiLi~sJ:larice,._~xg~pt.~s.Jlthenvjs_~ ~mecj(l~<!llY.PJQYJ.cleiLlJ.ereip..: __ _ _ _ _ . . .. ~-.. __
54. The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
55. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
56. Any signs proposed for this development shall at a minimum be designed in conformance
with the sign criteria contained in the Village Redevelopment Master Plan and
Design Manual and shall require review ·and approval of the Housing and
Redevelopment Director 'prior to installation of such signs.
57. 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.
DRB RESO NO. 319 -14-
1 3. That the Housing and Redevelopment Commission, as a responsible agency
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under CEQA, has considered and concurs with the findings of the Negative Declaration.
4. That the application for a Negative Declaration, Major Redevelopment Permit
and Coastal Development Permit on property generally located at 3136 Carlsbad Boulevard on
the east side of Carlsbad Boulevard between Pine Avenue and Oak Avenue is approved as
shown in Design Review Board Resolutions No. 319, 320 and 321.
5. This action is final the date this resolution is adopted by the Housing and
Redevelopment Commission and is subject to approval of the LCPA 05-02 by the California
Coastal Commission. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time
Limits for Judicial Review" shall apply:
Ill
Ill
Ill
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Ill
"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 review must be filed in
the appropriate court not later than the nineteenth 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 deposit in an
amount sufficient to cover the estimated cost or preparation of such
record, the time within which such petition may be filed in court is
extended to not later than the thirtieth day following the date on which the
record is either personally delivered or mailed to the party, or his attorney
of record, if he has one. A written request for the preparation of the
record of the proceedings shall be filed with the City Clerk, City of
Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008."
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NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Housing and Redevelopment
Commission as follows:
A. That the foregoing recitations are true and correct.
B. That based on the evidence presented at the public hearing, Housing and
Redevelopment Commission hereby APPROVES an additional two (2) year
extension of Major Redevelopment Permit 05-03 for the Springhill Suites Carlsbad
project, based on the following findings and subject to the following conditions:
GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS:
1. The Housing and Redevelopment Commission, as a responsible agency under CEQA, has
considered and concurs with the findings of the Negative Declaration.
2. The project remains consistent with the land use plan, development standards, design
guidelines and other applicable regulations set forth within the Village Master Plan and
Design Guidelines, with approval of the findings set forth in Design Review Board Resolution
No. 319 dated March 7, 2007 and approved by the Housing and Redevelopment Commission
on May 1, 2007.
CONDITIONS:
1. The Housing and Redevelopment Commission does hereby APPROVE a two (2) year
extension of Major Redevelopment Permit 05-03 for the Springhill Suites Carlsbad project to
allow the applicant additional time to apply for and receive approval of the building permits
for the subject project, subject to the conditions set forth in Design Review Board Resolution
No. 319 dated March 7, 2007 and approved by the Housing and Redevelopment Commission
on May 1, 2007. The permit shall be extended two (2) years from the date of the first permit
expiration which is August 7, 2010. The new expiration date for the permit shall be August 7,
2012.
2. All conditions contained in Design Review Board Resolution No. 319 dated March 7, 2007,
for RP 05-03 are incorporated herein by reference and remain in effect, except Condition Nos.
36 and 37 which are superseded by Conditions 3-8 below.
Engineering
3. Developer shall cause property owner to process, execute and submit an executed copy to the
City Engineer for recordation a City standard Permanent Stormwater Quality Best
Management Practice Maintenance Agreement for the perpetual maintenance of all treatment
control, applicable site design and source control, post-construction permanent Best
Management Practices prior to the issuance of a grading permit or building permit, whichever
occurs first for this project.
4. 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
HRCRESONO.
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5.
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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.
Developer shall complete and submit to the City Engineer a Project Threat Assessment Form
(PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, Developer shall
also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier
level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF
all to the satisfaction of the City Engineer.
This project is subject to 'Priority Development Project' requirements. Developer shall
prepare and process a Storm Water Management Plan (SWMP), subject to City Engineer
approval, to demonstrate how this project meets new/current storm water treatment
requirements per the City's Standard Urban Storm Water Management Plan (SUSMP), latest
version. In addition to new treatment control BMP selection criteria in the SUSMP, the
Developer shall use low impact development (site design) approaches to ensure that runoff
from impervious areas (roofs, pavement, etc) are drained through landscaped (pervious) areas
prior to discharge. Developer shall pay all applicable SWMP plan review and inspection fees
per the City's latest fee schedule.
Developer acknowledges upcoming hydromodification (runoff reduction) requirements may
impact how this project treats and/or retains storm runoff. Hydromodification involves
detailed site design and analysis to reduce the amount of post-development run-off by
mimicking the natural hydrologic function of the site, preserving natural open-spaces and
natural drainage channels, minimizing use of new impervious surfaces, and promoting onsite
infiltration and evaporation of run-off. During final design, Developer shall demonstrate
compliance with storm water requirements to the satisfaction of the City Engineer.
Developer shall incorporate measures with this project to comply with Standard Stormwater
Requirements per the City's Standard Urban Stormwater Management Plan (SUSMP). These
measures include, but are not limited to: 1) reducing the use of new impervious surfaces
(paving), 2) designing drainage from impervious surfaces to discharge over pervious areas
(e.g.: turf, landscape areas), 3) and designing trash enclosures to avoid contact with storm
runoff, all to the satisfaction of the City Engineer.
HRCRESONO.
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DESIGN REVIEW BOARD RESOLUTION NO. 320
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF COASTAL DEVELOPMENT PERMIT
NUMBER CDP 05-14 TO ALLOW THE DEMOLITION OF A
HOTEL, RESTAURANT, AND SINGLE FAMILY RESIDENCE
TO ALLOW FOR THE CONSTRUCTION OF A 3-STORY, I 04-
ROOM HOTEL PROJECT LOCATED AT 3136 CARLSBAD
BOULEY ARD ON THE EAST SIDE OF CARLSBAD
BOULEY ARD BETWEEN PINE A VENUE AND OAK
A VENUE IN LAND USE DISTRICT 9 OF THE CARLSBAD
VILLAGE REDEVELOPMENT AREA, IN THE VILLAGE
_REDEY.:ELOEMENI_SEGMENT_QE~tHlLLO_CaL _COASTAL ___ ---"·--______ ----~----
PROGRAM AND IN LOCAL FACILITIES _MANAGEMENT
ZONE 1, INCLUDING A VARIANCE FOR A PORTION OF
THE NORTH SIDE YARD SETBACK THAT IS BELOW THE
MINIMUM OF THE SETBACK STANDARD RANGE.
CASE NAME: DKN HOTEL
CASE NO.: CDP 05-14
WHEREAS, Dahya Bhai L. and Shantaben Patel, "Developer/Owner," has
filed a verified application with the Redevelopment Agency of the City of Carlsbad regarding
property described as
Portion of Block 18, Town of Carlsbad per Map No. 775,
Recorded 2-15-1894 and Portion of Tract 100, Carlsbad Lands
per Map 1661, Recorded 3-1-1915, all in the City of Carlsbad,
County of San Diego, State of California. APN 203-250-08 and
26-00
("the Property"); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits "A-R" dated March 7, 2007, on file in the Housing
and Redevelopment Department, DKN HOTEL-RP 05-03/CDP 05-14 as provided by Chapter
21.81.040 ofthe Carlsbad Municipal Code; and
WHEREAS, the Design Review Board did, on the 7th day of March 2007, hold a
duly noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Board considered all factors
relating to the CDP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review
Board 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 Board
~------~-~~-~-g-~----~ _ ~-~~~-·~--~ --~~-~RECOMMENDS~APPROYAL oLDKN=.HQ.'fEL~~-CUP fl5:-l4 __ based ~QILthe~
following'findings and subject to the following conditions:
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Findings:
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That the portion of the proposed development within the Village Redevelopment
Segment of the Local Coastal Program is in conformance with the Carlsbad Village
Area Redevelopment Plan and the Carlsbad Village Redevelopment Master Plan
and Design Manual, which serve as the Certified Local Coastal Program for the
Village Redevelopment Segment of the City of Carlsbad Local Coastal Program and
all applicable policies in that the development does not obstruct views or otherwise
damage the visual beauty of the coastal zone, and no agricultural activities, sensitive
resources, geological instability exist on the site.
The proposal is in conformity with the public access and recreation policies of Chapter 3
of thy Coastal Act in that the development will not alter physical or visual access to
the shore.
The project is consistent with the provisions of the Coastal Resource Protection
Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that no steep slopes,
environmental resources or agricultural resources exist within the proposed
construction area, all grading will conform to the City's erosion control standards,
and the site is not prone to landslides or susceptible to accelerated erosion, floods, or
liquefaction.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of
building permits.
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/ Agency 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
DRB RESO NO. 320 -2-
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2.
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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 th~
City's! Agency's approval ofthis Coastal Development Permit.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Coastal Development Permit 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.
The Developer shall submit to the Housing and Redevelopment Department a
reproducible 24" x 36", mylar copy of the Coastal Development Permit reflecting the
__________ -" ___ conditions~approv.ed$by_the~finaLdecision.making.hody;._:._"--_____ ---~ ___ ~-------________ _
4.
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This approval is granted subject to the approval of the Negative Declaration and RP 05-
03 and is subject to all conditions contained in Design Review Board Resolutions No.
319 and 321 for those other approvals and incorporated by reference herein.
The applicant shall apply for and be issued building permits for this project within
twenty-four (24) months of approval or this coastal development permit will expire unless
extended per Section 21.81.160 of the Carlsbad Mumcipal Code.
Prior to the issuance of building permits, the applicant shall apply for and obtain a
grading permit issued by the City Engineer.
The project site is located in an area that may contain soil material that is suitable
for beach sand replenishment. Prior to the issuance of a grading permit, and as
part of the grading plan preparation, the developer shall test the soil material to be
exported from the project site to determine the materials suitability for sand
replenishment. Material testing shall be conducted pursuant to the requirements of
the Carlsbad Opportunistic Beach Fill Program (COBFP). If the material is deemed
suitable for beach replenishment pursuant to the guidelines established in the
COBFP, the developer shall comply with the process outlined in the COBFP to
transport and place the beach quality material on the beach site identified in the
COBFP. The city may refuse the placement of the exported material on the beach,
if it is determined that any aspect of the project does not comply with the provisions
of the COBFP (i.e. seasonal restrictions on beach fill activities, quantity and quality
of the material, etc.). The COBFP prohibits placement of beach fill on the beach
during the summer season (between the last Monday in May, Memorial Day, and
the first Monday in September, Labor Day); therefore, if project construction will
result in the export of the soil material from the site occurring during this summer
timeframe, the requirements of this condition shall not apply, but may be voluntary
if the developer chooses to store the exported material until placement of sand on
the beach is permitted per the COBFP.
DRB RESO NO. 320 "' -.)-
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HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 492
A RESOLUTION OF THE HOUSING AND REDEVELOPMENT
COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING
A TWO-YEAR EXTENSION OF COASTAL DEVELOPMENT PERMIT CDP
05-14 TO DEMOLISH A HOTEL, RESTAURANT, AND SINGLE FAMILY
RESIDENCE AND FOR THE CONSTRUCTION OF A THREE-STORY, 104-
ROOM HOTEL PROJECT ON PROPERTY GENERALLY LOCATED ON THE
EAST SIDE OF CARLSBAD BOULEY ARD BETWEEN PINE A VENUE AND
OAK A VENUE IN THE MELLO II SEGMENT OF THE LOCAL COASTAL
PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: SPRINGHILL SUITES CARLSBAD
CASE NO: CDP 05-14x1
WHEREAS, SC HOTELS LLC, "Developer" and "Owner", has filed a verified
application with the City of Carlsbad regarding property described as
Portion of Block 18, Town of Carlsbad per Map No. 775,
Recorded 2-15-1894 and Portion of Tract 100, Carlsbad Lands
per Map 1661, Recorded 3-1-1915, all in the City of Carlsbad,
County of San Diego, State of California. APN 203-250-08 and
26-00
("the Property"); and
WHEREAS, said application constitutes a request for an extension of a Coastal
Development Permit, known as CDP 05-14 for the Springhill Suites Carlsbad Project originally
approved by the Housing and Redevelopment Commission on May 1, 2007; and
WHEREAS, the Housing and Redevelopment Commission did hold a duly noticed public
hearing as prescribed by law to consider said permit extension request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of persons desiring to be heard, said Board considered all factors related to the
extension of Coastal Development Permit 05-14.
HRCRESONO.
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NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Housing and Redevelopment
Commission as follows:
A. That the foregoing recitations are true and correct.
B. That based on the evidence presented at the public hearing, Housing and
Redevelopment Commission hereby APPROVES an additional two (2) year
extension of Coastal Development Permit 05-14 for the Springhill Suites Carlsbad
project, based on the following findings and subject to the following conditions:
GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS:
1. The Housing and Redevelopment Commission, as a responsible agency under CEQA, has
considered and concurs with the findings of the Negative Declaration.
2. The project remains consistent with the land use plan, development standards, design
guidelines and other applicable regulations set forth within the Village Redevelopment Plan
and Village Master Plan and Design Guidelines, with approval of the findings set forth in
Design Review Board Resolution No. 320 dated March 7, 2007 and approved by the Housing
and Redevelopment Commission on May 1, 2007.
CONDITIONS:
1. The Housing and Redevelopment Commission does hereby APPROVE a two (2) year
extension of Coastal Development Permit 05-14 for the Springhill Suites Carlsbad project to
allow the applicant additional time to apply for and receive approval of the building permits
for the subject project, subject to the conditions set forth in Design Review Board Resolution
No. 320 dated March 7, 2007 and approved by the Housing and Redevelopment Commission
on May 1, 2007. The permit shall be extended two (2) years from the date of the first permit
expiration which is August 7, 2010. The new expiration date for the permit shall be August 7,
2012.
HRCRESONO.
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