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HomeMy WebLinkAboutMS 05-23; Hilton Carlsbad Beach Resort & Spa; Minor Subdivision (MS)City of Carlsbad Public Works — Engineering September 25, 2009 Ronald C. Ashman Crew Engineering and Surveying 5725 Kearny Villa Road, Suite D San Diego, California 92123 NOTICE OF PRELIMINARY DECISION ON TENTATIVE PARCEL MAP Project ID: MS 05-23 Project Name: HILTON CARLSBAD BEACH RESORT AND SPA Applicant Name: Hofman Planning and Engineering Per City of Carlsbad Municipal Code Section 20.24.115, the City is required to send this notice and the enclosed copy of the preliminary decision letter to all persons who requested to be heard in response to the Notice of Filing for this minor subdivision. After a final decision has been made on the project, you will also receive a notice and copy of that decision. If you have concerns or comments, you may request a review of this preliminary decision. Per Carlsbad Municipal Code Section 20.24.120, such request must be in writing and received by the City Engineer within 10 calendar days after the date of this preliminary decision. Following the completion of a requested review or if no request for review was made within the time prescribed, the City Engineer will issue a final decision. If you have no remaining issues to discuss with us, there is no need to respond to this notice. However, if you have any questions or comments, please contact the Project Engineer, Frank Jimeno, at 760-602-2758 or via email at Frank.jimeno@carlsbadca.gov. Sincerely, Robert T. Johnson, Jr., PE City Engineer a. by: David A. Mauser, PE Deputy City Engineer Enclosure(s): Reduced tentative parcel map exhibit Preliminary Decision Letter cc: Project Engineer, then file Doc DR-06-25 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 6O2-2720 - FAX (76O) 6O2-8562 i"tT"'t^1"-t"'i~TT'T"r"T^"j:~l:'37t"r' i )~"—'""•••*"'-*.»-B.» tt::»4*l:*TM:::t::»*3^^ff^ta^eKKiff^^S'&^S^^^&S^SSS'S'^^^^^ 1**^ ^s^rr:;.,., i ^---..-^-T.-^vm —ci" ^c^v rE3&Z O i S *Q_i: - " s-^^^ City of Carlsbad Public Works - Engineering September 25, 2009 Hofman Planning and Engineering 3152 Lionshead Avenue Carlsbad, California 92010 TENTATIVE PARCEL MAP MS 05-23: HILTON CARLSBAD BEACH RESORT AND SPA The City Engineer has completed a review of the application for a tentative parcel map located at the southeast corner of Carlsbad Boulevard and Ponto Drive and more particularly described as a portion of the south 2/3rd of Lot 4 (southeast quarter of the southeast quarter) of Section 29, Township 12 South, Range 4 West, San Bernardino Meridian in the City of Carlsbad. The City Engineer has made a preliminary decision pursuant to Section 20.24.120 of the City of Carlsbad Municipal Code to approve this tentative parcel map based on the findings and subject to the conditions listed below. Please review the following findings and conditions for this tentative parcel map. If you have concerns or comments, you may request a review of this preliminary decision in writing. Such request must be received by the City Engineer within 10 calendar days of the date of this preliminary approval. Upon receiving such written request, the City Engineer will arrange a time and place for such review. If after 10 days no request is made, or following a requested review of this preliminary approval, the City Engineer will issue a final approval letter for this tentative parcel map. Findings: 1. The Planning Director has determined that: a. the project is a subsequent activity of the Ponto Beachfront Village Vision Plan for which a program EIR was prepared, and a notice for the activity has been given, which includes statements that this activity is within the scope of the program approved earlier, and that the program EIR adequately describes the activity for the purposes of CEQA) [15168( c)(2) and (e)]; and b. this project is consistent with the Vision Plan cited above; and c. EIR 05-05 was certified in connection with the prior plan; and d. the project has no new significant environmental effect not analyzed as significant in the prior EIR; and 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-2720 • FAX (760) 602-8562 Preliminary Decision Letter MS 05-23 Hilton Carlsbad Beach Resort and Spa September 25, 2009 e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist; and f. all feasible mitigation measures or project alternatives identified in the Ponto Beachfront Village Vision Plan EIR 05-05 which are appropriate to this Subsequent Project have been incorporated into this Subsequent Project. 2. The City Engineer has determined that: a) The proposed map and the proposed design and improvement of the subdivision, as conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code and the State Subdivision Map Act, in that the lots being created satisfy all minimum requirements of Title 20 regarding lot sizes and configuration and have been designed to comply with all other applicable regulations; and, b) The design of the subdivision and improvements are not likely to cause serious public health problems, and the discharge of storm water from the subdivision complies with current California Regional Water Quality Control Board requirements and the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP) requirements, in that the Developer has prepared a preliminary Storm Water Management Plan to identify pollutants of concern and incorporate best management practices to either avoid contact with storm water or filter pollutants to the maximum extent practicable; earth drainage swales and bio retention areas are incorporated into the subdivision design for filtration of stormwater runoff; the project is conditioned to incorporate Low Impact Design (LID) techniques: and, c) The design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that the developer shall delineate on the parcel map all existing easements of record; and, d) The property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act); e) The exactions imposed on the Developer 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. Page 2 of 8 Preliminary Decision Letter MS 05-23 Hilton Carlsbad Beach Resort and Spa September 25, 2009 CONDITIONS: Unless specifically stated in the condition, all of the following conditions, upon the approval of this tentative parcel map, must be met prior to approval of a parcel map, building permit, or grading permit, whichever is first. General 1. This approval is granted subject to all conditions of approval of SDP 05-14, RP 05-11, CDP 05-43 and CDP 09-04. 2. Developer shall submit to the City Engineer a reproducible 24" x 36" photo mylar of the tentative parcel map reflecting the conditions approved by the final decision-making body. The reproducible shall be submitted to the City Engineer, reviewed, and, if acceptable, signed by the City's project engineer and project planner prior to submittal of the building plans, or parcel map. 3. Unless a standards variance has been issued, no variance from City Standards is authorized by virtue of approval of this tentative parcel map. 4. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time building permits are issued. 5. If any conditions for construction of any public facilities or 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 Engineer determines that this project without this condition complies with the requirements of the law. 6. Developer shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, agents, officers, and representatives, from and against any and all liabilities, losses, damages, demands, claim 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 tentative parcel map, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, including an action filed within the time period specified in Government Code Section 66499.37 and (c) Developer's installation and operation of the facility permitted hereby, including without limitation any and all liabilities arising from the emission by trie facility of electromagnetic fields or other energy waves or emissions. 7. Developer shall prepare, submit and process for City Engineer approval a parcel map to subdivide this project. There shall be one parcel map recorded for this project. Developer shall pay processing fees per the City's latest fee schedule. 8. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. The property owner shall maintain this condition. Page 3 of 8 Preliminary Decision Letter MS 05-23 Hilton Carlsbad Beach Resort and Spa September 25, 2009 9. The project is approved with the express condition that building permits will not be issued for the development of the subject property unless the City Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. This note shall be placed on the non-title sheet of the parcel map. Fees/Agreements 10. Developer is required to pay all required fees and deposits prior to approval of the parcel map. 11. Developer shall pay the Planned Local Drainage Area Fee prior to approval of the parcel map. 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 22, pursuant to Chapter 21.9. All such taxes/fees shall be paid at issuance of building permits. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 13. Prior to issuance of a building permit for the project, owner shall agree to pay a fair share contribution to the cost of improvements to the intersections and intersection approaches of La Costa Avenue with Vulcan Avenue and Coast Highway 101 located within the City of Encinitas. The intersection and associated intersection approach improvements include widening and/or replacement of the La Costa Avenue bridge over the North County Transit District railroad tracks and are more specifically described in Appendix G-2 to the Ponto Beachfront Village Vision Plan EIR 05-05 ("Intersection Improvements"). The aggregate fair share contribution from all the Ponto Beachfront Village Vision Plan area landowners/developers is fifty percent (50%) of the cost to design and construct Intersection Improvements including any required right-of-way acquisition and environmental mitigation costs. The fair share contribution for each separate land owner/developer shall be determined based upon the ratio of the respective traffic generation resulting from a particular development to the overall traffic generation resulting from the aggregate development of all the properties located within the Ponto Beachfront Village Vision Plan area times the fifty percent (50%) share of Intersection Improvements. The owner shall pay the estimated fair share contribution, or submit an irrevocable instrument of credit in a form acceptable to the Finance Director and City Attorney from one or more responsible financial institutions regulated by the state or federal government and approved by the Finance Director and City Attorney, prior to building permit issuance and, enter into an agreement with the City to be recorded against the property that provides for adjustment of the fair share payment amount, up or down, based upon a revision to the costs to construct Intersection Improvements or a revision to the amount of traffic generated by the project or the overall traffic generation resulting from the aggregate development of all the properties located within the Ponto Beachfront Vittage Vision Plan area. Page 4 of 8 Preliminary Decision Letter MS 05-23 Hilton Carlsbad Beach Resort and Spa September 25, 2009 14. Developer shall cause property owner to apply for, execute, and submit to the City Engineer for recordation an Encroachment Agreement covering private Fire Access lane located over existing Carlsbad Boulevard public right-of-way or easements as shown on the tentative parcel map. Developer shall pay processing fees per the City's latest fee schedule. 15. Prior to approval of any grading or building permits for this project, Developer shall cause Owner to give written consent to the City Engineer for 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 16. Developer shall comply with the latest version of the City's Stormwater Regulations and shall implement best management practices at all times. Best management practices include, but are not limited to, pollution treatment practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water, or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 17. Developer shall submit documentation, subject to City Engineer approval, demonstrating how this project complies with Interim Hydromodification requirements per the latest version of the City's SUSMP. Documentation shall be included within the Storm Water Management Plan (SWMP). Dedications/improvements 18. Developer shall cause Owner to dedicate to the City Ponto Drive for public street & public utility purposes as shown on the tentative parcel map. The offer shall be made by a certificate on the parcel map. All land so offered shall be free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. Additional easements may be required at final design to the satisfaction of the City Engineer. 19. Developer shall prepare and process public improvement plans and, prior to City Engineer approval of said plans, shall execute a City-standard Subdivision Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements shown on the tentative parcel map. Said improvements shall be installed to City Standards to the satisfaction of the City Engineer. These improvements include, but are not limited to: A. Half-street improvements of Carlsbad Boulevard along the project frontage. Half- street improvements shall include a 32-ft paved half-street width consisting of two Page 5 of 8 Preliminary Decision Letter MS 05-23 Hilton Carlsbad Beach Resort and Spa September 25, 2009 12-ft traffic lanes, an 8-ft bike lane, curb and gutter, meandering sidewalk, street lights, fire hydrants, median curb, median grading, parkway and median landscaping and irrigation, , signing and striping, and street drainage facilities, all to the satisfaction of the City Engineer. B. Dedicated left-turn lane on north bound Carlsbad Boulevard at its intersection with Ponto Drive, including modifications to the existing traffic signal, signing and striping, all to the satisfaction of the City Engineer. C. Complete half-street improvements of Ponto Drive along the project frontage from Carlsbad Boulevard to the southerly property line south of the parking structure easterly of Ponto Drive, as shown in the site plan. The improvements shall consist of curb, gutter, sidewalk, five-ft bike lane, street lights, fire hydrants, median curbs with full median hardscape, parkway and full median landscaping and irrigation, street drainage facilities, signing and striping, and wayfinding signage, all to the satisfaction of the City Engineer. D. Temporary improvements to Ponto Drive from the improvements terminus listed above to its intersection with Beach Way, including a transition, with safety features, from the above improvements' elevations to the existing ground elevation, and a transition to Beach Way's existing improvements, all to the satisfaction of the City Engineer. E. Construct an extension to the existing 8" potable water line in Ponto Drive from its existing terminus southerly along the project frontage. F. Construct an extension to the existing 8" recycled water line in Ponto Drive from its existing terminus southerly along the project frontage. G. Construct an extension to the existing 8" recycled water line in Carlsbad Boulevard from its existing terminus southerly along the project frontage. Developer shall pay the standard improvement plancheck and inspection fees. Improvements listed above shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 20. Developer shall execute a City standard Development Improvement Agreement to design and install, and shall post security in accordance with C.M.C. Section 20.16.070, for full-width public improvements, within the project boundary, for the extension of Ponto Drive from the improvements' terminus listed in condition 22C to its intersection with Beach Way. The improvements shall consist of curb, gutter, sidewalk within the project frontage, five-ft bike lane, street lights, fire hydrants, median curbs with full median hardscape, parkway and full median landscaping and irrigation, street drainage facilities, signing and striping, and wayfinding signage, all to the satisfaction of the City Engineer. Page 6 of 8 Preliminary Decision Letter MS 05-23 Hilton Carlsbad Beach Resort and Spa September 25, 2009 Non-Mapping Notes 21. Note(s) to the following effect(s) shall be placed on the parcel map as non-mapping data: A. Developer has executed a City-standard Minor Subdivision Improvement Agreement and has posted security in accordance with C.M.C. Section 20.28.070 to install public improvements shown on the tentative parcel map. These improvements include, but are not limited to: 1) Half-street improvements of Carlsbad Boulevard along the project frontage. 2) Dedicated left-turn lane on north bound Carlsbad Boulevard at its intersection with Ponto Drive. 3) Half-street improvements of Ponto Drive along the project frontage from Carlsbad Boulevard to the southerly property line south of the parking structure easterly of Ponto Drive. 4) Temporary improvements to Ponto Drive from the improvements terminus listed above to its intersection with Beach Way. 5) Design and install full-width public improvements, within the project boundary, for the extension of Ponto Drive from the improvements' terminus listed in item 4 above to its intersection with Beach Way. 6) Construct an extension to the existing 8" potable water line in Ponto Drive from its existing terminus southerly along the project frontage. 7) Construct an extension to the existing 8" recycled water line in Ponto Drive from its existing terminus southerly along the project frontage. 8) Construct an extension to the existing 8" recycled water line in Carlsbad Boulevard from its existing terminus southerly along the project frontage. B. This subdivision contains a remainder parcel. No building permit shall be issued for the remainder parcel until it is further subdivided pursuant to the provisions of Title 20 of the Carlsbad Municipal Code. C. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. D. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to encroach within the area identified as a sight distance corridor as defined by City of Carlsbad Engineering Standards or line-of-sight per Caltrans standards. Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 22. This tentative parcel map will expire thirty-six (36) months from the date of the final Page 7 of 8 Preliminary Decision Letter MS 05-23 Hilton Carlsbad Beach Resort and Spa September 25, 2009 approval notice issued by the City Engineer. 23. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area shown on the tentative parcel map are for planning purposes only. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a) and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges; to planning, zoning, grading, or other similar application processing or service fees in connection with this project; or to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. If you have any questions regarding the above, please contact the Project Engineer, Frank Jimeno at 760-602-2708. If you have any planning-related questions, please contact the Project Planner, ChristerWestman, at 760-602-4614. Sincerely, Robert T. Johnson, Jr., PE City Engineer / -1 By: David A. Hauser, PE Deputy City Engineer cc: Senior Civil Engineer Glen Van Peski Project Engineer Frank Jimeno Project Planner Christer Westman Fire Department Jim Weigand Senior Office Specialist Dev. Svcs. MS File Page 8 of 8 City of Carlsbad Public Works — Engineering October 30, 2009 Hofman Planning and Engineering 3152 Lionshead Avenue Carlsbad, California 92010 FINAL APPROVAL OF TENTATIVE PARCEL MAP Project ID: MS 05-23 Project Name: HILTON CARLSBAD BEACH RESORT AND SPA Whereas no review of the Preliminary Approval letter dated September 25, 2009 was requested within the required time, the subject tentative parcel map has been approved per the findings and conditions set forth in said Preliminary Approval letter. As required by Carlsbad Municipal Code Section 20.24.140(e), notice of this final decision will be sent to all property owners within 300 feet of the project. Per Carlsbad Municipal Code Section 20.24.140(b) and the California Subdivision Map Act Section 66452.5, any interested person adversely affected by this decision of the City Engineer may appeal the decision to the City Council. Such appeal must be filed in writing with the City Clerk within 10 calendar days of the date of this notice. At the time of filing the appeal, the appeal fee as listed in the current Carlsbad Development Fees schedule must be paid. If you have questions regarding the appeal process, please contact the City Clerk's office at (760) 434-2808. If you have any project-related questions, please contact the Project Engineer, Frank Jimeno, at 760-602-2758 or via email at frank.jimeno@carlsbadca.gov. If you have any planning-related questions, please contact the Project Planner, Christer Westman, at 760-602-4614. Sincerely, Robert T. Johnson, Jr., PE City Engineer by: David A. Mauser, PE Deputy City Engineer cc: Engineer of Work Project Engineer, then file Christer Westman, Planner Planning Senior Management Analyst Senior Office Specialist, Dev. Svcs. Doc DR-06-27 01/05/2009 1635 Faraday Avenue • Carlsbad, CA 92008-7314 - (760) 602-272O • FAX (760) 602-8562 City of Carlsbad Public Works - Engineering October 30, 2009 NOTICE OF APPROVAL OF TENTATIVE PARCEL MAP Project ID: MS 05-23 Project Name: HILTON CARLSBAD BEACH RESORT AND SPA Applicant Name: Hofman Planning and Engineering Notice is hereby given that a tentative parcel map has been approved subject to conditions on property generally located at the southeast corner of Carlsbad Boulevard and Ponto Drive and more particularly described as a portion of the south 2/3rd of Lot 4 (southeast quarter of the southeast quarter) of Section 29, Township 12 South, Range 4 West, San Bernardino Meridian in the City of Carlsbad. The project involved is described as the consolidation nine existing lots into one parcel and a remainder parcel. Per Carlsbad Municipal Code Section 20.24.140(b) and the California Subdivision Map Act Section 66452.5, any interested person adversely affected by this decision of the City Engineer may appeal the decision to the City Council. Such appeal must be filed in writing with the City Clerk within 10 calendar days of the date of this notice. At the time of filing the appeal, the appeal fee as listed in the current Carlsbad Development Fees schedule must be paid. If you have questions regarding the appeal process, please contact the City Clerk's office at (760) 434-2808. If you have any project-related questions, please contact the Project Engineer, Frank Jimeno, at 760-602-2758 or via email at frank.jimeno@carlsbadca.gov. Sincerely, Robert T. Johnson, Jr., PE City Engineer by: David A. Mauser, PE Deputy City Engineer Enclosure(s): Reduced tentative parcel map exhibit Final Decision Letter (included only to Notice of Filing respondents) cc: Applicant Engineer of Work Project Engineer, then file Doc DR-06-29 01/05/2009 1635 Faraday Avenue - Carlsbad, CA 92008-7314 • (76O) 602-272O • FAX (76O) 602-8562