HomeMy WebLinkAbout2013-01-08; City Council; Resolution 2013-0171
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RESOLUTION NO. 2013-017
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A TWO-YEAR
3 RETROACTIVE EXTENSION OF REVIEW PERMIT 05-03x1 TO
DEMOLISH A HOTEL, RESTAURANT, AND SINGLE FAMILY
4 RESIDENCE AND FOR THE CONSTRUCTION OF A THREE-
STORY, 104-ROOM HOTEL PROJECT ON PROPERTY
5 GENERALLY LOCATED ON THE EAST SIDE OF CARLSBAD
BOULEVARD BETWEEN PINE AVENUE AND OAK AVENUE IN
6 THE MELLO II SEGMENT OF THE LOCAL COASTAL
PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE
7 1.
CASE NAME: DKN HOTEL
8 CASE NO.: RP 05-03X2
9 The City Council of the City of Carisbad, California, does hereby resolve as
10 follows:
11 WHEREAS, SC HOTELS, LLC "Developer" and "Owner", has filed a verified
12 application with the City of Carisbad regarding property described as
13 Portion of Block 18, Town of Carlsbad per Map No. 775,
Recorded 02-15-1894 and Portion of Tract 100, Carlsbad
14 Lands per Map No. 1661, recorded 03-01-1915, all in the City
of Carlsbad, County of San Diego, State of California. APN
15 203-250-08 and 26-00
1^ ("the property"); and
17 WHEREAS, said application constitutes a request for an extension of a Major
Review Permit, known as RP 05-03x1 for the DKN Hotel/Springhill Suites Carisbad project
originally approved by the Housing and Redevelopment Commission on May 1, 2007; and
20 WHEREAS, the Housing and Redevelopment Commission extended RP 05-03
on September 28, 2010 for a two-year period; and
WHEREAS, the City Council, on the 8th day of January , 2013,
^•^ held a duly noticed public hearing to consider said Review Permit extension and at that time
received recommendations, objections, protests, comments of all persons interested in or
opposed to the Review Permit Extension.
Now, therefore, be it hereby resolved, the City Council of the City of Carisbad,
California as follows:
A. That the foregoing recitations are true and correct.
1 B. That based on the evidence presented at the public hearing, the City
Council hereby APPROVES an additional two (2) year extension of Major Review Permit RP
2 05-03x1 for the DKN Hotel/ Springhill Suites Carisbad project, based on the following findings
and subject to the following conditions:
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General and Village Review Plan Consistencv Findings:
1. 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.
2. That the CEQA findings of the Planning Commission as set forth in Planning
Commission Resolution No. 6254 on file with the City Clerk, and made a part hereof by
g reference, are the findings of the City Council
Conditions:
11 1. All conditions contained in Housing and Redevelopment Commission Resolution No.
491 dated September 28, 2010 for RP 05-03x1 are incorporated herein by reference and
12 remain in effect, except Condition No. 1 which is superseded by Condition No. 2 below,
Conditions No. 26 (cross lot drainage) and 34 (undergrounding of overhead utilities)
13 which are not applicable. Condition No. 35 which is replaced by Conditions No. 3
through 8 below.
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2. This approval shall become null and void if building permits are not issued for this project
15 by August 8, 2014.
16 3. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city's standard form Drainage Hold Harmless Agreement.
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4. Developer shall cause property owner to submit an executed copy to the city engineer
for recordation a city standard Permanent Stormwater Quality Best Management
Q Practice Maintenance Agreement.
20 5- Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include
21 but are not limited to pollution control practices or devices, erosion control to prevent silt
runoff during construction, general housekeeping practices, pollution prevention and
22 educational practices, maintenance procedures, and other management practices or
devices to prevent or reduce the discharge of pollutants to stormwater, receiving water
23 or stormwater conveyance system to the maximum extent practicable. Developer shall
notify prospective owners and tenants ofthe above requirements.
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6. Developer shall complete and submit to the city engineer a Project Threat Assessment
25 Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF,
developer shall also submit the appropriate Tier level Storm Water Compliance form and
26 appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by
the completed PTAF all to the satisfaction of the city engineer. Developer shall pay all
27 applicable SWPPP plan review and inspection fees per the city's latest fee schedule.
1 7. Developer is responsible to ensure that all final design plans (grading plans,
improvement plans, landscape plans, building plans, etc) incorporate all source control,
2 site design, treatment control BMP, applicable hydromodification measures, and Low
Impact Design (LID) facilities.
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Developer shall submit documentation, subject to city engineer approval, demonstrating
4 how this project complies with Hydromodification requirements per the city's SUSMP,
latest version. Documentation shall be included within the Storm Water Management
5 Plan (SWMP).
6 "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
^ Carisbad by Carisbad Municipal Code Chapter 1.16. Any petition or other paper seeking review
must be filed in the appropriate court not later than the ninetieth 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 is filed with a 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 Carisbad, 1200 Carisbad Village Drive, Carisbad, CA. 92008. 12
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council
of the City of Carisbad on the 8^^ day of January, 2013, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Packard, Wood, Blackburn and Douglas.
None.
ABSENT: None.
MATT HALL, Mayor
ATTEST:
'stant City Clerk