HomeMy WebLinkAbout2009-05-06; Planning Commission; Resolution 65561 PLANNING COMMISSION RESOLUTION NO. 6556
2
A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
DEVELOPMENT PLAN SDP 05-14 TO DEVELOP A 215
4 ROOM, THREE-STORY HOTEL WITH 10,385 SQUARE FEET
5 OF CONFERENCE SPACE, A 5,100 SQUARE FOOT DAY
SPA, A 5,100 SQUARE FOOT RESTAURANT, A TWO-STORY
6 PARKING STRUCTURE, A BASEMENT GARAGE, AND AN
OUTDOOR SWIMMING POOL ON 8.01 ACRES OF LAND
7 GENERALLY LOCATED SOUTH OF PONTO DRIVE AND
EAST OF CARLSBAD BOULEVARD IN LOCAL FACILITIES
8 MANAGEMENT ZONE 22.
9 CASE NAME: HILTON CARLSBAD BEACH RESORT
CASE NO.: SDP 05-14
10
WHEREAS, Wave Crest Resorts II, LLC, "Developer/Owner," has filed a
, ~ verified application with the City of Carlsbad regarding property described as
13 All that portion of the south 2/3rds of Lot 4 (southeast quarter
of the southeast quarter) of Section 29, Township 12 South,
14 Range 4 West, San Bernardino Meridian in the County of San
Diego, State of California according to official plat thereof
16 ("the Property"); and
17 WHEREAS, said verified application constitutes a request for a Site Development
18 Plan as shown on Exhibits "A" - "ZZ" dated May 6, 2009, on file in the Planning Department,
19 HILTON CARLSBAD BEACH RESORT SDP 05-14 as provided by Chapter 21.06/Section
20
21.53.120 of the Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did, on May 6, 2009 , hold a duly noticed
23 public hearing as prescribed by law to consider said request; and
24 WHEREAS, at said public hearing, upon hearing and considering all testimony
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and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
26 relating to the Site Development Plan.
27
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
2
B) That based on the evidence presented at the public hearing, the Planning
3 Commission APPROVES HILTON CARLSBAD BEACH RESORT - SDP
05-14 based on the following findings and subject to the following conditions:
r Findings:
6 1. The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City's General Plan, based on the facts set forth in
' the staff report dated May 6, 2009 including, but not limited to the following: The
,, proposed hotel and spa is designed in a Craftsman/Cottage architectural style that is
compatible with the Hanover Beach Colony to the north. Because of its location, the
9 project does not have direct access to the beach, but development of the site with a
tourist serving use and public improvements to the vehicular and pedestrian
10 circulation system will enhance beach access and the efficiency of public
transportation. Project parking will be made available to the public; Project access
is limited to Ponto Drive which is a local street. No vehicular access is provided on
12 Carlsbad Boulevard. The project has a limited number of at grade parking spaces.
These parking areas are proposed to be screened from public view through the use
13 of various landscape materials. The landscape palette includes trees and vertical
shrubs that will soften the visual impact of the parking structure; The project
14 frontage improvements along Carlsbad Boulevard include enhanced landscape and
.. hardscape consistent with the Scenic Corridor Guidelines and Ponto Beachfront
Village Vision Plan.
16 2. That the requested use is properly related to the site, surroundings and environmental
17 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
1 ° the proposed use is to be located, and will not adversely impact the site, surroundings or
19 traffic circulation, in that the proposed 215 room hotel use is appropriate in the
Travel/Recreation Commercial Land Use and Tourist Commercial (C-T) Zoning
20 designations, that the proposed development meets the minimum development
standards for the C-T Zone and the Poinsettia Properties Specific Plan and that the
21 project is setback 100-200 feet from homes in the Hanover Beach Colony and slopes
and berms up to seven feet in height in combination with shrub and tree plantings
create adequate buffers that would ensure compatibility with the nearby Single-
23 Family Residential and Commercial Uses.
24 3. That the project is consistent with the Ponto Beachfront Village Vision Plan
guidelines for the craftsman style Garden Hotel and includes the encouraged uses.
25 The hotel is full service in that it includes 10,385 sq.ft. of conference space, a 5,100
sq.ft. day spa, a 5,100 square foot restaurant, the project is designed with Craftsman
details including shingles, siding, contrasting color window and door frames,
27 exposed rafter tails, shingle roof tiles, and exposed wood timbers. The hotel massing
is single story near Hanover Beach Colony. Rooms are accessed from interior
28 corridors and the hotel lobby features a porte-cochere and the project focus is the
building. The pool/recreation area is located within an open courtyard and shielded
PC RESO NO. 6556 -2-
from surrounding uses. A restaurant and spa are open to the public. Ocean views
2 are preserved for approximately one third of the Hanover Beach Colony homes that
are located along Ponto Drive. The service area is located in the underground
3 garage and is accessed from Ponto Drive across from the proposed parking garage.
4 4. 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 development standards without
the need for a variance from development standards.
6 5. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
7 the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that the project site design locates the conference facilities
at the northern edge of the property closest to the Hanover Beach Colony and the
„ driveway entrance and lobby slightly south on Ponto Drive. The lobby area is
setback from Ponto Drive approximately 120 feet and is buffered from the street by
\Q the use of a seven foot berm with a gentle slope of 3:1 and dense landscape. The
three-story portions of the hotel are located south of the conference facilities and
11 lobby and are oriented in a north-south configuration. Ten of the 215 rooms face
the Hanover Beach Colony; however they are located approximately 300 feet south
of that neighborhood. The hotel recreation area includes a swimming pool and deck
area that is surrounded on three sides by the three-story hotel building and shielded
from the adjacent residential neighborhood. Parking for the various uses is
14 provided in surface parking lots near the front entrance of the hotel and at the south
end of the hotel (46 spaces), in a parking structure (268 spaces), and in a basement
garage (81 spaces) and are screened from Ponto Drive through the use of berming,
, vertical shrubs, and trees. The parking structure, located east of Ponto Drive and
south of the Hanover Beach Colony RV storage facility, incorporates some of the
17 same design elements as the hotel structure on two towers that accent the north and
south elevations and significant landscape is also provided adjacent to the parking
18 structure to ensure compatibility.
6. 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 Ponto
Drive with adequate capacity to serve the project. The project generates 2,150 ADT
21 and the improvements to Ponto Drive and the existing Carlsbad Boulevard roadway
are adequate to handle the project ADT. The application of the common parking
22 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
24 was previously analyzed in the Ponto Beachfront Village Vision Plan certified
Environmental Impact Report (EIR 05-05) because the outdoor dining area,
25 poolside grill, and meeting rooms will be predominantly used by existing onsite
guests of the hotel, conference attendees and residents and visitors of the Ponto
Village who will access the site via pedestrian walkways. Parking and site
circulation will not be impacted.
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PC RESO NO. 6556 -3-
7. The Planning Director has determined that:
2 a. the project is a(n) subsequent activity of the Ponto Beachfront Village Vision
3 Plan for which a program EIR was prepared, and a notice for the activity has been
given, which includes statements that this activity is within the scope of the
4 program approved earlier, and that the program EIR adequately describes the
activity for the purposes of CEQA) [15168( c)(2) and (e)]; and
/- b. this project is consistent with the Vision Plan cited above; and
7 c. EIR 05-05 was certified in connection with the prior plan; and
8 d. the project has no new significant environmental effect not analyzed as significant
in the prior EIR; and
9
e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR
under CEQA Guidelines Sections 15162 or 15163 exist; and
f. all feasible mitigation measures or project alternatives identified in the Ponto
12 Beachfront Village Vision Plan EIR 05-05 which are appropriate to this
Subsequent Project have been incorporated into this Subsequent Project.
13
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
16 and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
1 7 project will be installed to serve new development prior to or concurrent with need.
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.
20 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.
21
c. The Local Facilities Management fee for Zone 22 is required by Carlsbad
22 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
25 Village Vision Plan.
26 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
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.
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11. The Planning Commission has reviewed each of the exactions imposed on the Developer
2 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
3 degree of the exaction is in rough proportionality to the impact caused by the project.
4 Conditions;
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
grading permit.
7 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
q 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
10 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.
13 2. 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
14 internally consistent and in conformity with the final action on the project. Development
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.
17 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
18
1 q 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
20 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
21 unless the City Council determines that the project without the condition complies with
all requirements of law.
23 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
24 Program that are deemed applicable by the Planning Director.
6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
2/r harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
27 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
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(c) Developer/Operator's installation and operation of the facility permitted hereby,
2 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
3 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.4
* 7. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
the Site Plan reflecting the conditions approved by the final decision-making body.
6
8. Developer shall include, as part of the plans submitted for any permit plancheck, a
7 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
format.
o
9 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
10 obligation to provide school facilities.
10. This project shall comply with all conditions and mitigation measures which are required
j 2 as part of the Zone 22 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
13
11. This approval is granted subject to the approval of RP 05-11, CDP 05-43, and CDP 09-
14 04; will become effective as of the date that all associated permits (RP 05-11, CDP
, , 05-43, and CDP 09-04) are effective, is subject to all conditions contained in Planning
Commission Resolutions No. 6555, 6558, and 6559 for those other approvals
16 incorporated herein by reference; and is subordinate to any conflicting conditions of
Planning Commission Resolution No. 6555 which is the prevailing resolution.
17
12. This approval shall become null and void if building permits are not issued for this
project within 48 months from the effective project approval date.
19
13. Building permits will not be issued for this project unless the local agency providing
20 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
21 time of the application for the building permit, and that water and sewer capacity and
22 facilities will continue to be available until the time of occupancy.
23 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
24 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
Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City
26 Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of
vegetation and animal species. The Developer is further aware that the City has
27 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
PC RESO NO. 6556 -6-
occurs first. If the In-lieu Mitigation Fee for this project is not paid, this project will not
2 be consistent with the Habitat Management Plan and the General Plan and any and all
approvals for this project shall become null and void.
3
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
e 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
6 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
approval will not be consistent with the General Plan and shall become void.
o
16. Prior to the issuance of any building permit, Developer shall submit to the City a Notice
9 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
10 Director, notifying all interested parties and successors in interest that the City of
Carlsbad has issued a Site Development Plan by Resolution 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 well as any
conditions or restrictions specified for inclusion in the Notice of Restriction. The
13 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.
17. Developer shall submit and obtain Planning Director approval of a Final Landscape and
15 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan, the
City's Landscape Manual, and a modification to the slope, landscape materials, and
17 retaining wall, all located at the hotel entry with the purpose of providing greater
buffering from light and noise generated in the general vicinity of the port-cochere,
from all activities associated with the hotel entrance including the movement and
parking of vehicles. Special attention shall also be given to the area located in
between the hotel parking structure and the Hanover Beach Colony recreational
20 vehicle storage yard to create a visual screen through an appropriate number,
location, and size of trees. Developer shall construct and install all landscaping as shown
on the approved Final Plans, and maintain all landscaping in a healthy and thriving
22 condition, free from weeds, trash, and debris.
23 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
24 project's building, improvement, and grading plans.
25 19. This approval shall be null and void if the project site subject to this approval is not
26 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
27 City Manager is authorized to extend the 60 days, for a period not to exceed 120 days,
upon a showing of good cause.
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20. Developer shall provide bus stops to service this development at locations and with
2 reasonable facilities to the satisfaction of the North County Transit District and the
Planning Director. Said facilities, if required, shall be free from advertising and shall at a
3 minimum include a bench and a pole for the bus stop sign. The facilities shall be
designed to enhance or be consistent with basic architectural theme of the project.
4
- 21. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
6 substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Planning.
7
22. Developer shall report, in writing, to the Planning Director within 30 days, any address
change from that which is shown on the permit application.
9 23. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high
10 masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal
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
12 satisfaction of the Planning Director.
13 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
14 the Planning Director of an Outdoor Storage Plan, and thereafter comply with the
approved plan.
j g 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
17 impacts on adjacent homes or property. Specific attention shall be given to the
perimeter of the project site that is across the street from the Hanover Beach
18 Colony.
19 Engineering
20
Unless specifically stated in the condition, all of the following conditions, upon the approval of
21 this proposed development, must be met prior to approval of a building or grading permit,
whichever occurs first.
23 General
24 26. Prior to hauling dirt or construction materials to or from any proposed construction site
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
27 issued for the development of the subject property, unless the District Engineer has
determined that adequate water and sewer facilities are available at the time of permit
28 issuance.
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28. Developer shall design sight distance corridors at all street intersections and driveways in
2 accordance with City Engineering Standards.
3 29. Prior to the issuance of building permits, Developer shall cause property owner to submit
and process the parcel map for Minor Subdivision MS 05-23 and record the Final Map
4 that consolidates the existing parcels into the proposed hotel property boundary. All right-
of-way dedications and proposed easements shall be reflected on the Final Map.
Fees/Agreements
7 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.
8
31. Developer shall cause property owner to execute and submit to the City Engineer for
" recordation the City's standard form Drainage Hold Harmless Agreement.
32. 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
12 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,
or the recordation of a parcel map, whichever occurs first for this Project.
14 33. Prior to issuance of a building permit for the project, owner shall agree to pay a fair
15 share contribution to the cost of improvements to the intersections and intersection
approaches of La Costa Avenue with Vulcan Avenue and Coast Highway 101
16 located within the City of Encinitas. The intersection and associated intersection
approach improvements include widening and/or replacement of the La Costa
1' Avenue bridge over the North County Transit District railroad tracks and are more
, 8 specifically described in Appendix G-2 to the Ponto Beachfront Village Vision Plan
EIR 05-05 ("Intersection Improvements"). The aggregate fair share contribution
19 from all the Ponto Beachfront Village Vision Plan area landowners/developers is
fifty percent (50%) of the cost to design and construct Intersection Improvements
including any required right-of-way acquisition and environmental mitigation costs.
The fair share contribution for each separate land owner/developer shall be
determined based upon the ratio of the respective traffic generation resulting from a
22 particular development to the overall traffic generation resulting from the aggregate
development of all the properties located within the Ponto Beachfront Village Vision
23 Plan area times the fifty percent (50%) share of Intersection Improvements. The
owner shall pay the estimated fair share contribution, or submit an irrevocable
24 instrument of credit in a form acceptable to the Finance Director and City Attorney
-,-. from one or more responsible financial institutions regulated by the state or federal
government and approved by the Finance Director and City Attorney, prior to
26 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,
27 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.
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34. Prior to approval of any grading or building permits for this project, Developer shall
2 cause Owner to give written consent to the City Engineer for the annexation of the area
shown within the boundaries of the site plan into the existing City of Carlsbad Street
3 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.
35. Developer shall cause property owner to execute and submit to the City Engineer
6 for recordation a Maintenance Agreement to maintain the sidewalk, fire lane, trees,
landscaping and irrigation along the project's frontage on Carlsbad Boulevard.
7
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,
o landscaping and irrigation along the project's Ponto Drive frontage.
10 Grading
11 37. 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 prepare and submit
plans and technical studies/reports, for City Engineer review, and shall pay all applicable
13 grading plan review fees per the City's latest fee schedule.
14 38. Developer shall apply for and obtain a grading permit from the City Engineer. Developer
shall pay all applicable grading permit fees per the City's latest fee schedule and shall
15 post security per City Code requirements.
1" 39. This project may require off site grading. No grading for private improvements shall
, 7 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
1 g from the owners of the affected properties. If Developer is unable to obtain the temporary
grading or slope easement, or agreement, no grading permit will be issued. In that case
19 Developer must either apply for and obtain an amendment of this approval or modify the
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
21 and Planning Director.
22 40. Developer shall comply with the City's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include
23 but are not limited to pollution treatment practices or devices, erosion control to prevent
silt runoff during construction, general housekeeping practices, pollution prevention and
educational practices, maintenance procedures, and other management practices or
25 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
26 prospective owners and tenants of the above requirements.
27 41. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer
receipt of a Notice of Intention from the State Water Resources Control Board.28
42. Prior to the issuance of grading permit or building permit, whichever occurs first,
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Developer shall submit for City approval a Tier 3 Storm Water Pollution Prevention Plan
2 (TIER 3 SWPPP). The TIER 3 SWPPP shall be in compliance with current requirements
and provisions established by the San Diego Region of the California Regional Water
3 Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall
address measures to reduce to the maximum extent practicable storm water pollutant
runoff during construction of the proj ect.
43. Developer shall submit for City approval a "Storm Water Management Plan (SWMP)."
6 The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego
7 Region of the California Regional Water Quality Control Board and City of Carlsbad
Municipal Code all to the satisfaction of the City Engineer.o
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
10 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
techniques using current County of San Diego Low Impact Development Handbook
(Stormwater Management Strategies). LID techniques include, but are not limited to:
13 vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the
volume, peak flow rate, velocity and pollutants.
14
45. Prior to approval of grading and improvement plans, Developer shall obtain
approval for the undergrounding or relocation of the existing overhead utilities
within the project boundary, and for the quitclaim of the conflicting underlying
easements. The construction work to underground or relocate of these utilities may
17 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
18 Recorder's Office prior to the issuance of the hotel and the parking structures'
building permits.
Dedications/Improvements
21 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
22 and larger) shall be inspected by the City. Developer shall pay the standard improvement
plan check and inspection fees for private drainage systems.
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
25 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
26 City Standards to the satisfaction of the City Engineer. These improvements include, but
are not limited to:
28 A. Half-street improvements of Carlsbad Boulevard along the project frontage.
Half-street improvements shall include a 32-ft paved half-street width
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consisting of two 12-ft traffic lanes, an 8-ft bike lane, curb and gutter,
2 meandering sidewalk, street lights, fire hydrants, median curb, median
grading, parkway and median landscaping and irrigation, signing and
3 striping, and street drainage facilities, all to the satisfaction of the City
Engineer.4
r B. Dedicated left-turn lane on north bound Carlsbad Boulevard at its
intersection with Ponto Drive, including modifications to the existing traffic
6 signal, signing and striping, all to the satisfaction of the City Engineer.
7 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
9 improvements shall consist of curb, gutter, sidewalk, five-ft bike lane, street
lights, fire hydrants, median curbs with full median hardscape, parkway and
10 full median landscaping and irrigation, street drainage facilities, signing and
striping, and wa\ finding signage, all to the satisfaction of the City Engineer.
j2 D. Temporary improvements to Ponto Drive from the improvements terminus
listed above to its intersection with Beach Way, including a transition, with
13 safety features, from the above improvements elevation to the existing
ground elevation, and a transition to Beach Way's existing improvements, all
14 to the satisfaction of the City Engineer.
E. Construct an extension to the existing 8" potable water line in Ponto Drive
16 from its existing terminus southerly along the project frontage.
17 F. Construct an extension to the existing 8" recycled water line in Ponto Drive
from its existing terminus southerly along the project frontage.18
j9 Developer shall pay the standard improvement plan check and inspection fees.
Improvements listed above shall be constructed within 18 months of approval of the
20 subdivision or development improvement agreement or such other time as provided in
said agreement.21
22 48. Developer shall execute a City standard Development Improvement Agreement to
design and install, and shall post security in accordance with C.M.C. Section
23 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
24 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
26 and irrigation, street drainage facilities, signing and striping, and wayfinding
signage, all to the satisfaction of the City Engineer.
27
49. Prior to issuance of building permits, Developer shall underground all existing overhead
28 utilities along the project boundary. Developer shall coordinate with all affected utility
companies regarding potential conflicts with the location of the underground
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utilities.
2 50. Developer shall design, and obtain approval from the City Engineer, the structural section
3 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
4 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.
6 Utilities
7
51. Developer shall meet with the Fire Marshal to determine if fire protection measures (fire
8 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.
10 52. Developer shall design and construct public facilities within public right-of-way or within
11 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
12 maintenance, access and/or joint utility purposes.
1 ^1J 53. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
, 4 for connection to public facilities.
15 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
16 Department for processing and approval by the District Engineer.
17 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.
19
56. The Developer shall install sewer laterals and clean-outs at locations approved by the
20 City Engineer. The locations of sewer laterals shall be reflected on public improvement
~, plans.
22 57. The Developer shall design and construct public water, sewer, and recycled water
facilities substantially as shown on the site plan to the satisfaction of the District Engineer
and City Engineer.
24
58. The Developer shall meet with and obtain approval from the Leucadia Wastewater
2^ District, and other affected utilities, regarding the proposed surface improvements to
~s be constructed within their respective easements or over their facilities.
27 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,
velocity in the main lines, and the capacity of the existing infrastructure. Said study shall
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be submitted concurrently with the improvement plans for the project and the study shall
2 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
5 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.
6
Code Reminders:
7
61. Developer shall pay a landscape plancheck and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
9 62. Approval of this request shall not excuse compliance with all applicable sections of the
10 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.
13
64. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
14 Code Section 18.04.320.
65. Any signs proposed for this development shall at a minimum be designed in conformance
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
17 the Planning Director prior to installation of such signs.
° 66. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and
Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily
Trips (ADT) and floor area contained in the staff report and shown on the site plan are for
20 planning purposes only.
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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.
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,
CARLSBAD PLANNING COM!
ATTEST:
rperson
SIGN
DON NEU
Planning Director
PC RESO NO. 6556 -15-