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HomeMy WebLinkAboutSDP 05-04x2; DKN Hotel; Site Development Plan (SDP)The 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 2 3 4 5 6 7 8 9 IO II I2 I3 I4 I5 I6 I7 I8 I9 20 2I 22 23 24 25 26 27 28 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 PC RESO NO. 6721 -2- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. 4. 5. 6. 7. 8. 9. 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. PC RESO NO. 6721 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11. 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. PC RESO NO. 6721 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. PC RESO NO. 6259 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. 2. 3. 4. 5. 6. 7. 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. PC RESO NO. 6259 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 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 PC RESO NO. 6259 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 18. 19. 20. 21. 22. 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 23. 24. 25. 26. 27. 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. PC RESO NO. 6259 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. PC RESO NO. 6259 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 1 2 3 4 5 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: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. 2. 3. 4. 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 PC RESO NO. 6258 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. 3. 4. 5. 6. 7. 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 PC RESO NO. 6258 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. PC RESO NO. 6258 -4- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 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: 10 GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 DRB RESO NO. 319 -2- 1 2 3 4 5 6 7 8 -~------..... --9· 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c. . •' 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 ORB RESO NO. 319 -3- 1 2 3 4 5 6 7 8 -"' --~ 9-' 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 _ ,_ ,_t.r:ans_pj!rted_w:ithuutoxm~dx3_in~ge~(ac.ilities._~-_ -~ ___ --~------_ ---------_ -_____ _ 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 DRB RESO NO. 319 -4- 1 2 3 4 5 6 7 8 ---~--~-~ ---9~ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. c. d. e. 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. -~-----~-~-----~---~ --~~-----=~--~----~--~~-----~-~ -~------------------------- 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 DRB RESO NO. 319 -5- 1 2 3 4 5 6 7 8 9- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _,. -~ 4. 5. 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. DRB RESO NO. 319 -6- 1 2 3 4 5 6 7 8 ,. ---9--" 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. 5. 6. 7. 8. 9. 10. 11. 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. DRBRESON0.319 -7- 1 2 3 4 5 6 7 8 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~~ .. -~. _ . -~. _ ---·· ·--... ___ . __ 10 11 12 13 14 15 16 17 18 19 20 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. 21 On-site Conditions: 22 23 24 25 26 27 28 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. DRB RESO NO. 319 -8- 1 2 3 4 5 6 7 8 -·~-~-----~-----~-~----9---~ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 27. 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 29. 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. 31. 32. 33. 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: DRB RESO NO. 319 -10- 1 2 3 4 5 6 7 8 ----~---c:.__ ---~ 9--- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 . 25 26 27 28 34. 35. 36. 37. 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, DRB RESO NO. 319 -11- 2 3 4 5 6 7 8 ~9~ -~ ·---- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 38. 39. 40. 24 Water 25 26 27 28 41. 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. DRB RESO NO. 319 -12- 2 3 4 5 6 7 8 --~ " "" ·--<-9- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 42. 43. 44. 45. 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. 49. 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 DRB RESO NO. 319 -13- 1 2 3 4 5 6 7 8 ~"-_, ___ .,__ --------9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Ill Ill Ill Ill Ill Ill 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." 2 s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. 6. 7. 8. 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 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: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Findings: 1. 2. 3. 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- 1 2 3 4 5 6 7 8 -----------------9- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. 3. 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. 5. 6. 7. 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 "' -.)- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 7 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. J-- / ~ -~:~-;~~~ ••• ,(!PAI\5-0!, ,.. / /'JI" .,._,. ·~ r/ I I ~ ... ".! ,__!!: ••• ... . .. -= -==--= _ .... _.__ _ _;__. L i'' ~ ,1~ :51_, .. _ I 0 ~ .......... 'If /--· " ·-·-, '_,., ... I / ... ... I .1. / -I I 'I I". I/ ,,, ~~ /: I" I / l .... !!! 1---m -! .. 1-.~ 1-''! _<!o '" ~ .-...!!!. ... 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