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HomeMy WebLinkAbout2009-05-06; Planning Commission; Resolution 65551 PLANNING COMMISSION RESOLUTION NO. 6555 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF REDEVELOPMENT PERMIT RP 05-11 TO 4 DEVELOP A 215 ROOM, THREE-STORY HOTEL WITH 10,385 5 SQUARE FEET OF CONFERENCE SPACE, A 5,100 SQUARE FOOT DAY SPA, A 5,100 SQUARE FOOT RESTAURANT, A 6 TWO-STORY PARKING STRUCTURE, A BASEMENT GARAGE, AND AN OUTDOOR SWIMMING POOL ON 8.01 7 ' ACRES OF LAND GENERALLY LOCATED SOUTH OF PONTO DRIVE AND EAST OF CARLSBAD BOULEVARD IN LOCAL FACILITIES MANAGEMENT ZONE 22. 9 CASE NAME: HILTON CARLSBAD BEACH RESORT CASE NO: RP 05-11 10 WHEREAS, Wave Crest Resorts II LLC, "Developer/Owner," has filed a 12 verified application with the City of Carlsbad AND Carlsbad Redevelopment Agency (RDA) 13 regarding property described as *4 All that portion of the south 2/3rds of Lot 4 (southeast quarter l<- of the southeast quarter) of Section 29, Township 12 South, Range 4 West, San Bernardino Meridian in the County of San 16 Diego, State of California according to official plat thereof and excluding the parcel described as Assessor's Parcel Number 17 214-590-04-00 1 810 ("the Property"); and 19 WHEREAS, said verified application constitutes a request for a Redevelopment 20 Permit as shown on Exhibits "A" - "ZZ" dated May 6, 2009, on file in the Planning 22 Department, HILTON CARLSBAD BEACH RESORT RP 05-11 as provided and required by 23 Sections 601 and 608 of the South Carlsbad Coastal Redevelopment Area (SCCRA) Plan; and 24 WHEREAS, the Hilton Carlsbad Beach Resort and Spa consists of the hotel itself, 25 which includes meeting facilities, restaurant, commercial parking, parking structure, and 26 improvements such as the circulation system including Ponto Drive which is two lanes with a 27 median; and28 WHEREAS, this Redevelopment Permit applies to those portions of the Hilton 2 Carlsbad Beach Resort and Spa within the boundaries of the SCCRA Plan; and 3 WHEREAS, Section 601 of the Redevelopment Plan states that permitted land ^ uses shall be those permitted by the General Plan and zoning ordinance, and all other state and 6 local building codes, guidelines, or specific plans as they now exist or hereafter amended; and 7 WHEREAS, processed concurrently with Redevelopment Permit 05-11 is Coastal o Development Permit 09-04, Site Development Plan 05-14, and Coastal Development Permit 05- 9 43;and 10 WHEREAS, the Planning Commission is the review body for recommending and , 2 processing land use permits proposed in the SCCRA; and 13 WHEREAS, the Planning Commission did, on May 6, 2009 , hold a duly noticed 14 public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony 16 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 17 relating to the Redevelopment Permit. 19 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Planning 20 Commission as follows: 21 A) That the foregoing recitations are true and correct. 22 B) That based on the evidence presented at the public hearing, the Planning 23 Commission RECOMMENDS APPROVAL to the Housing and Redevelopment Commission of HILTON CARLSBAD BEACH RESORT RP 05-11 based on 24 the following findings and subject to the following conditions: 25 General and Redevelopment Plan Consistency Findings: 9/- 1. That the requested use is properly related to the site, surroundings and environmental 27 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 28 the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the proposed 215 room hotel use is appropriate in the PC RESO NO. 6555 -2- Travel/Recreation Commercial Land Use and Tourist Commercial (C-T) Zoning 2 designations, that the proposed development meets the minimum development standards for the C-T Zone and the Poinsettia Properties Specific Plan and that 3 adequate separation and buffers will be provided to ensure compatibility with the nearby Single-Family Residential and Commercial Uses.4 2. That the project is consistent with the following goals of the South Carlsbad Coastal Redevelopment Area Plan: 6 a. Clean - Eliminate blight and environmental deficiencies in the Project Area. The 7 project will be replacing businesses (kennel, wood pile, refrigeration, and auto body) that are incompatible with the goals of the South Carlsbad Coastal ° Redevelopment Area Plan as well as the Ponto Beachfront Village Vision Plan n with a use that is desired for the area. Furthermore, the project consolidates 9 lots under separate ownership into two lots with one owner. 10 b. Reuse - Assembling of land into parcels for modern, integrated development with improved pedestrian and vehicular circulation in the Project Area. Rezoning, 11 redesigning and developing properties which are stagnant or improperly utilized. The project entails a parcel map that consolidates nine lots into two lots. In addition, Ponto Drive will be constructed to serve the project along with a \ 3 pedestrian sidewalk along Carlsbad Boulevard. c. Play - Develop new beach and coastal recreational opportunities. The project 14 includes uses such as meeting facilities, spa, restaurant, and pool that will provide recreational opportunities. d. Shop - Enhance commercial and recreational functions in the Project Area. i/- Increase parking and open space amenities. The project includes uses such as meeting facilities, spa, restaurant, pool, surface parking lot, basement garage, 17 and a parking structure. e. Help - Strengthen the economic base of the Project Area and the City by installation 18 of needed on and off-site improvements to stimulate new commercial/residential 1q expansion, employment and economic growth. Ponto Drive will be constructed which will assist in stimulating new development in the Ponto Area. 20 f Preserve - Implement performance criteria to assure quality site design and environmental standards to provide unity and integrity to the entire Project Area 21 development. The project will be using Craftsman/Cottage style architecture with varied quality building materials such as stucco, siding, shingles, contrasting white painted wood trim, white composite windows and doors. 23 3. That the project is consistent with the Ponto Beachfront Village Vision Plan 24 guidelines for the craftsman style Garden Hotel and includes the encouraged uses such as meeting facilities, restaurant, commercial parking, parking structure, and ^ improvements such as the circulation system including Ponto Drive which is two 26 lanes with a median. 27 28 PC RESO NO. 6555 -3- 4. That the site for the intended use is adequate in size and shape to accommodate the use, in 2 that the project complies with all City policies and standards without the need for a variance from development standards. 3 5. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust 4 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 5 and screens adjacent land uses from the outdoor recreational component of the site with building mass. 7 6. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the project takes vehicular access from Ponto Drive with adequate capacity to serve the project. The project generates 2,150 ADT and the improvements to Ponto Drive, Carlsbad Boulevard, and those roadway 10 segments located in the City of Encinitas as identified in the Ponto Beachfront Village Vision Plan Program Environmental Impact Report are adequate to handle 11 the project ADT and the application of the common parking facilities provision of the Parking Ordinance and allowing a 15% parking reduction in required parking on the sight will not create an increase in traffic generation and will therefore not have a greater impact on the surrounding street system than what was previously analyzed in the Ponto Beachfront Village Vision Plan certified Environmental 14 Impact Report (EIR 05-05) because the outdoor dining area, poolside grill, and meeting rooms will be predominantly used by existing onsite customers. Parking and site circulation will not be impacted. 7. The Planning Director has determined that: 17 a. the project is a(n) subsequent activity of the Ponto Beachfront Village Plan for 1 g which a program EIR was prepared, and a notice for the activity has been given, which includes statements that this activity is within the scope of the program 19 approved earlier, and that the program EIR adequately describes the activity for the purposes of CEQA) [15168( c)(2) and (e)]; and b. this project is consistent with the Vision Plan cited above; and 2\ c. EIR 05-05 was certified in connection with the prior plan; and d. the project has no new significant environmental effect not analyzed as significant 22 in the prior EIR; and e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist; and 24 f. all feasible mitigation measures or project alternatives identified in the Ponto Beachfront Village Vision Plan EIR 05-05 which are appropriate to this 25 Subsequent Project have been incorporated into this Subsequent Project. 26 8. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 22 and all City public facility policies and ordinances. 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 PCRESONO. 6555 -4- facilities; libraries; government administrative facilities; and open space, related to the 2 project will be installed to serve new development prior to or concurrent with need. 3 a. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. 4 b. A Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. c. The Local Facilities Management fee for Zone 22 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 9. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020) and Landscape Manual Section I B and the Ponto Beachfront Village Vision Plan. 10. The project is consistent with the Poinsettia Properties Specific Plan (SP 210) in that the project has provided a 34 foot setback from Ponto Drive and a 40 foot setback 11 from Carlsbad Blvd; the building height is 25 feet and one story within the boundaries of SP 210 and the lot coverage does not exceed 21,780 square feet. 12 11. 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. 15 Conditions: 16 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit. 18 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 19 implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the RDA 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 22 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 23 or a successor in interest by the RDA's approval of this Redevelopment Permit. 24 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 25 and modifications to the Redevelopment Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development 26 shall occur substantially as shown on approved Exhibits "A"-"ZZ" dated May 6, 2009. Any proposed development, substantially different from this approval, shall require an amendment to this approval. 28 PC RESO NO. 6555 -5- 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 2 regulations in effect at the time of building permit issuance. 3 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section <- 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the Housing and Redevelopment Commission determines that the project without 6 the condition complies with all requirements of law. 7 5. Developer shall implement, or cause the implementation of, those portions of the Ponto Beachfront Village Vision Plan (EIR 05-05) Mitigation Monitoring and Reporting Program that are deemed applicable to this project by the Planning Director. 9 6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 10 harmless the RDA, 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 RDA arising, directly j2 or indirectly, from (a) RDA's approval and issuance of this Redevelopment Permit, (b) RDA's approval or issuance of any permit or action, whether discretionary or 13 nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 14 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 RDA's 16 approval is not validated. 17 7. Developer shall submit to the Housing & Redevelopment and Planning Director a reproducible 24" x 36" mylar copy of the Site Plan for the Redevelopment Permit reflecting the conditions approved by the final decision-making body. 19 8. Developer shall include, as part of the plans submitted for any permit plancheck, a 20 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format.21 22 9. 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 23 obligation to provide school facilities. 24 10. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 22 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 26 11. This approval is granted subject to the approval of SDP 05-14, CDP 05-43, and CDP 09- 27 04; will become effective as of the effective date of all associated permits; and is subject to all conditions contained in Planning Commission Resolutions No. 6556, 6558, and 6559 for those other approvals incorporated herein by reference. PC RESO NO. 6555 -6- 12. This approval shall become null and void if building permits are not issued for this 2 project within 48 months from the effective project approval date. 3 13. 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. 6 14. This project has been found to result in impacts to wildlife habitat or other lands, such as agricultural land, non-native grassland, and disturbed lands, which provide some benefits to wildlife, as documented in the City's Habitat Management Plan and the environmental analysis for this project. Developer is aware that the City has adopted an In-lieu 9 Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of 10 vegetation and animal species. The Developer is further aware that the City has determined that all projects will be required to pay the fee in order to be found consistent with the Habitat Management Plan and the Open Space and Conservation Element of the General Plan. Developer or Developer's successor(s) in interest shall pay the fee prior to recordation of a final map, or issuance of a grading permit or building permit, whichever 13 occurs first. If the In-lieu Mitigation Fee for this project is not paid, this project will not be consistent with the Habitat Management Plan and the General Plan and any and all 14 approvals for this project shall become null and void. 15. 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 17 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 22, pursuant to Chapter 21.90. All such ° taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this j o approval will not be consistent with the General Plan and shall become void. 20 16. Prior to the issuance of any building permit, Developer shall submit to the RDA a Notice of Restriction executed by the owner of the real property to be developed. Said 21 notice is to be filed in the office of the County Recorder, subject to the satisfaction of the Housing & Redevelopment and Planning Director, notifying all interested parties and successors in interest that the RDA has issued a(n) Redevelopment Permit by Resolution 23 No. 6555 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 24 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. 27 17. 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 PC RESO NO. 6555 -7- shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving 2 condition, free from weeds, trash, and debris. 3 18, The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Department and accompanied by the ^ project's building, improvement, and grading plans. 19. This approval shall be null and void if the project site subject to this approval is not 6 annexed to City of Carlsbad CFD No. 1 within 60 days of the approval. The City shall not issue any grading, building, or other permit, until the annexation is completed. The 7 City Manager is authorized to extend the 60 days, for a period not to exceed 120 days, upon a showing of good cause,o 9 20. Developer shall provide bus stops to service this development at locations and with reasonable facilities to the satisfaction of the North County Transit District and the 10 Planning Director. Said facilities, if required, shall be free from advertising and shall at a minimum include a bench and a pole for the bus stop sign. The facilities shall be 11 designed to enhance or be consistent with basic architectural theme of the project. 12 21. All roof appurtenances, including air conditioners, shall be architecturally integrated and 13 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 14 Directors of Community Development and Planning. 22. Developer shall report, in writing, to the Housing & Redevelopment and Planning 16 Director within 30 days, any address change from that which is shown on the permit application. 17 23. 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 , n Code Chapter 21.105. 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 20 satisfaction of the Planning Director. 21 24. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and the Planning Director of an Outdoor Storage Plan, and thereafter comply with the 23 approved plan. 24 25. 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 homes or property. 26 Engineering 27 Unless specifically stated in the condition, all of the following conditions, upon the approval of 28 this proposed development, must be met prior to approval of a building or grading permit, whichever occurs first. PCRESONO. 6555 -8- General 2 26. Prior to hauling dirt or construction materials to or from any proposed construction site 3 within this project, Developer shall apply for and obtain approval from the City Engineer for the proposed haul route. 27. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the District Engineer has g determined that adequate water and sewer facilities are available at the time of permit issuance. 7 28. Developer shall design sight distance corridors at all street intersections and driveways in 8 accordance with City Engineering Standards. 29. Prior to issuance of a building permit, Developer shall cause property owner to I Q submit and process the parcel map for Minor Subdivision MS 05-23 and record the Final Map that consolidates the existing parcels into the proposed hotel property I1 boundary. All right-of-way dedications and proposed easements shall be reflected on the Final Map. 12 Fees/Agreements 14 30. Developer shall cause property owner to execute and submit to the City Engineer for recordation, the City's standard form Geologic Failure Hold Harmless Agreement. 15 31. Developer shall cause property owner to execute and submit to the City Engineer for 16 recordation the City's standard form Drainage Hold Harmless Agreement. i ^' 32. Developer shall cause property owner to process, execute and submit an executed copy to , o the City Engineer for recordation a City standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement for the perpetual maintenance of all 19 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, 20 or the recordation of a parcel map, whichever occurs first for this Project. 21 33. Prior to issuance of a building permit for the project, owner shall agree to pay a fair 22 share contribution to the cost of improvements to the intersections and intersection approaches of La Costa Avenue with Vulcan Avenue and Coast Highway 101 23 located within the City of Encinitas. The intersection and associated intersection approach improvements include widening and/or replacement of the La Costa 24 Avenue bridge over the North County Transit District railroad tracks and are more specifically described in Appendix G-2 to the Ponto Beachfront Village Vision Plan EIR 05-05 ("Intersection Improvements"). The aggregate fair share contribution 26 from all the Ponto Beachfront Village Vision Plan area landowners/developers is fifty percent (50%) of the cost to design and construct Intersection Improvements 27 including any required right-of-way acquisition and environmental mitigation costs. The fair share contribution for each separate land owner/developer shall be determined based upon the ratio of the respective traffic generation resulting from a particular development to the overall traffic generation resulting from the aggregate PCRESONO. 6555 -9- development of all the properties located within the Ponto Beachfront Village Vision 2 Plan area times the fifty percent (50%) share of Intersection Improvements. The owner shall pay the estimated fair share contribution, or submit an irrevocable 3 instrument of credit in a form acceptable to the Finance Director and City Attorney from one or more responsible financial institutions regulated by the state or federal 4 government and approved by the Finance Director and City Attorney, prior to r building permit issuance and, enter into an agreement with the City to be recorded against the property that provides for adjustment of the fair share payment amount, 6 up or down, based upon a revision to the costs to construct Intersection Improvements or a revision to the amount of traffic generated by the project or the overall traffic generation resulting from the aggregate development of all the properties located within the Ponto Beachfront Village Vision Plan area. 34. Prior to approval of any grading or building permits for this project, Developer shall cause Owner to give written consent to the City Engineer for the annexation of the area 10 shown within the boundaries of the site plan into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 and/or to the formation or annexation into an 1 additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the City Engineer. ,-, 35. Developer shall cause property owner to execute and submit to the City Engineer for recordation a Maintenance Agreement to maintain the sidewalk, fire lane, trees, 14 landscaping and irrigation along the project's frontage on Carlsbad Boulevard. 15 36. Developer shall cause property owner to execute and submit to the City Engineer for recordation a Maintenance Agreement to maintain parkway and median trees, landscaping and irrigation along the project's Ponto Drive frontage. Grading 18 37. Based upon a review of the proposed grading and the grading quantities shown on the site 19 plan, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports, for City Engineer review, and shall pay all applicable grading plan review fees per the City's latest fee schedule. 21 38. Developer shall apply for and obtain a grading permit from the City Engineer. Developer 22 shall pay all applicable grading permit fees per the City's latest fee schedule and shall post security per City Code requirements. 23 39. This project may require off site grading. No grading for private improvements shall 24 occur outside the project unless Developer obtains, records, and submits a recorded copy, to the City Engineer, a temporary grading, construction or slope easement or agreement from the owners of the affected properties. If Developer is unable to obtain the temporary 26 grading or slope easement, or agreement, no grading permit will be issued. In that case Developer must either apply for and obtain an amendment of this approval or modify the 27 plans so grading will not occur outside the project and apply for and obtain a finding of substantial conformance and/or consistency determination from both the City Engineer and Planning Director. PC RESO NO. 6555 -10- 40. Developer shall comply with the City's Storm water Regulations, latest version, and shall 2 implement best management practices at all times. Best management practices include but are not limited to pollution treatment practices or devices, erosion control to prevent 3 silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or c stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 6 41. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer 7 receipt of a Notice of Intention from the State Water Resources Control Board. 8 42. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP). The TIER 3 SWPPP shall be in compliance with current requirements 10 and provisions established by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall 11 address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of the project. 43. Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban 14 Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad 15 Municipal Code all to the satisfaction of the City Engineer. 16 44. Developer shall incorporate Low Impact Development (LID) design techniques, on all final design plans submitted to the City, to reduce the amount of run-off by mimicking the natural hydrologic function of the site by preserving natural open-spaces and natural drainage channels, minimizing impervious surfaces, promoting infiltration and evaporation of run-off before run-off leaves the site. Developer shall incorporate LID 19 techniques using current County of San Diego Low Impact Development Handbook (Stormwater Management Strategies). LID techniques include, but are not limited to: vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the volume, peak flow rate, velocity and pollutants. 22 45. Prior to approval of grading and improvement plans, Developer shall obtain approval for the undergrounding or relocation of the existing overhead utilities 23 within the project boundary, and for the quitclaim of the conflicting underlying easements. The construction work to underground or relocate of these utilities may 24 be performed, at Developer's expense, concurrent with the grading operation. The quitclaim of the underlying easements must be recorded at the San Diego County Recorder's Office prior to the issuance of the hotel and the parking structures' 26 building permits. 27 Dedications/Improvements 28 46. Developer shall design the private drainage systems, as shown on the site plan to the satisfaction of the City Engineer. All private drainage systems (12" diameter storm drain PC RESO NO. 6555 -11- and larger) shall be inspected by the City. Developer shall pay the standard improvement 2 plan check and inspection fees for private drainage systems. 3 47. Developer shall prepare and process public improvement plans and, prior to City Engineer approval of said plans, shall execute a City standard Development Improvement 4 Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements shown on the site plan. Said improvements shall be installed to City Standards to the satisfaction of the City Engineer. These improvements include, but g are not limited to: 7 A. Half-street improvements of Carlsbad Boulevard along the project frontage. Half-street improvements shall include a 32-ft paved half-street width consisting of two 12-ft traffic lanes, an 8-ft bike lane, curb and gutter, g meandering sidewalk, street lights, fire hydrants, median curb, median grading, parkway and median landscaping and irrigation, signing and 10 striping, and street drainage facilities, all to the satisfaction of the City Engineer. 11 B. Dedicated left-turn lane on north bound Carlsbad Boulevard at its intersection with Ponto Drive, including modifications to the existing traffic 13 signal, signing and striping, all to the satisfaction of the City Engineer. 14 C. Complete half-street improvements of Ponto Drive along the project frontage from Carlsbad Boulevard to the southerly property line south of the parking structure easterly of Ponto Drive, as shown in the site plan. The i g improvements shall consist of curb, gutter, sidewalk, five-ft bike lane, street lights, fire hydrants, median curbs with full median hardscape, parkway and 17 full median landscaping and irrigation, street drainage facilities, signing and striping, and wayfinding signage, all to the satisfaction of the City Engineer. 18 1Q D. Temporary improvements to Ponto Drive from the improvements terminus listed above to its intersection with Beach Way, including a transition, with 20 safety features, from the above improvements elevation to the existing ground elevation, and a transition to Beach Way's existing improvements, all 21 to the satisfaction of the City Engineer. 22 E. Construct an extension to the existing 8" potable water line in Ponto Drive 23 from its existing terminus southerly along the project frontage. 24 F. Construct an extension to the existing 8" recycled water line in Ponto Drive from its existing terminus southerly along the project frontage. Z* ~J ~r Developer shall pay the standard improvement plan check and inspection fees. Improvements listed above shall be constructed within 18 months of approval of the 27 subdivision or development improvement agreement or such other time as provided in said agreement. 28 48. Developer shall execute a City standard Development Improvement Agreement to PC RESO NO. 6555 -12- design and install, and shall post security in accordance with C.M.C. Section 2 20.16.070, for full-width public improvements, within the project boundary, for the extension of Ponto Drive from the improvements' terminus listed in condition 47C 3 to its intersection with Beach Way. The improvements shall consist of curb, gutter, sidewalk within the project frontage, five-ft bike lane, street lights, fire hydrants, median curbs with full median hardscape, parkway and full median landscaping r and irrigation, street drainage facilities, signing and striping, and wayfinding signage, all to the satisfaction of the City Engineer. 6 49. Prior to issuance of building permits, Developer shall underground all existing overhead 7 utilities along the project boundary. Developer shall coordinate with all affected utility companies regarding potential conflicts with the location of the underground 8 utilities. 9 50. Developer shall design, and obtain approval from the City Engineer, 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 parking area and/or aisles with an ADT greater than 500. Prior to 11 completion of grading, the final structural pavement design of the aisle ways shall be submitted together with required R-value soil test information subject to the review and approval of the City Engineer. 13 Utilities 14 51. Developer shall meet with the Fire Marshal to determine if fire protection measures (fire 15 flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by " public water mains to the satisfaction of the District Engineer. 17 52. Developer shall design and construct public facilities within public right-of-way or within minimum 20-foot wide easements granted to the District or the City of Carlsbad. At the discretion of the District or City Engineer, wider easements may be required for adequate 19 maintenance, access and/or joint utility purposes. 53. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. 22 54. The Developer shall design landscape and irrigation plans utilizing recycled water as a source and prepare and submit a colored recycled water use map to the Planning 23 Department for processing and approval by the District Engineer. 24 55. Developer shall install potable water and/or recycled water services and meters at locations approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. 56. The Developer shall install sewer laterals and clean-outs at locations approved by the City 27 Engineer. The locations of sewer laterals shall be reflected on public improvement plans. 28 PCRESONO. 6555 -13- 57. The Developer shall design and construct public water, sewer, and recycled water 2 facilities substantially as shown on the site plan to the satisfaction of the District Engineer and City Engineer. 3 58. The Developer shall meet with and obtain approval from the Leucadia Wastewater 4 District, and other affected utilities, regarding the proposed surface improvements to be constructed within their respective easements or over their facilities. /- 59. The Developer shall submit a detailed sewer study, prepared by a Registered Engineer, that identifies the peak flows of the project, required pipe sizes, depth of flow in pipe, 7 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. 60. 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 demands). The study shall identify velocity in the main lines, pressure zones, and the required pipe 11 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. 12 Code Reminders: 14 61. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 15 62. Approval of this request shall not excuse compliance with all applicable sections of the 16 Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 63. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 19 64. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 20 Code Section 18.04.320. 21 65. Any signs proposed for this development shall at a minimum be designed in conformance 22 with the City's Sign Ordinance, South Carlsbad Coastal Redevelopment Area Plan, and the Ponto Beachfront Village Vision Plan and shall require review and approval of 23 the Planning Director prior to installation of such signs. 24 66. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and 25 Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the site plan are for 26 planning purposes only. 27 28 PC RESO NO. 6555 -14- 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 PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on May 6, 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Commissioners Baker, Boddy, Cardosa, Dominguez, Douglas, Whitton, and Chairperson Montgomery MARTELL B. MONTGOMERY, Cbffflperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6555 -15-