HomeMy WebLinkAboutCT 03-01X1; LA COSTA RESORT AND SPA; Admin Decision LetterJuly 19, 2016
Shawn Heyl
Global Equity Group, LLC
11374 Caminita Corriente
San Diego, CA 92128
SUBJECT: CT 03-0lXl -LA COSTA RESORT AND SPA
Dear Mr. Heyl,
The Planning Division has comp_leted its review of your application for a Tentative Tract Map Extension CT
03-0lxl -LA COSTA RESORT AND SPA, submitted on May 31, 2016. The Tentative Tract Map (CT 03-01}
was originally approved by Planning Commission Resolution No. 5702 on August 18, 2004 with an
expiration date of August 18, 2006. Since that time, the tentative tract map has been automatically
extended to August 18, 2016.
After careful consideration of the circumstances surrounding this request, it has been determined that (1)
the Tentative Tract Map Extension CT 03-0lxl -LA COSTA RESORT AND SPA was submitted in a timely
manner prior to the expiration date, (2} there has been no change of circumstances in relation to the
Major Subdivision regulations (i.e., Title 20 of the Carlsbad Municipal Code}, (3) the project is still in
compliance with the Major Subdivision regulations, and (4} the findings required for granting a Tentative
Tract Map Extension can be made; therefore, the City Planner APPROVES Tentative Tract Map Extension
CT 03-0lxl for two (2) years from August 18, 2016 to August 18, 2018, based on the following findings
and conditions.
Findings:
1. All the findings contained in Planning Commission Resolution No. 5702 dated August 18, 2004, are
incorporated herein by reference and remain in effect.
2. That Tentative Tract Map CT 03-01 remains consistent with the General Plan, all titles of the Carlsbad
Municipal Code and growth management program policies and standards in place at the time the
extension was filed.
3. That circumstances have not substantially changed since Tentative Tract Map CT 03-01 was originally
approved.
Community & Economic Development
Planning Division J 1635 Faraday Avenue Carlsbad, CA 92008-7314 J 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov
fF.'~,a 'I~ CT 03-0lxl -LA C0:S~ RE&O. Tw.N]> SPA
July 19, 2016 ~~ i
Page 2
4. The City Planner has determined that:
a. The project, CT 03-0lxl, is a subsequent activity of La Costa Resort and Spa, for which a
Mitigated Negative Declaration was previously adopted (CEQA Guidelines Section 15162);
b. The project, CT 03-0lxl, is consistent with the La Costa Resort and Spa project cited above;
c. A Mitigated Negative Declaration was adopted in connection with the prior project or plan;
d. The project, CT 03-0lxl, has no new significant environmental effect not analyzed as
significant in the prior Mitigated Negative Declaration; and
e. None of the circumstances requiring a Subsequent Mitigated Negative Declaration under
CEQA Guidelines Section 15162 exist.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map approval or
issuance of a grading permit, whichever occurs first.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and
maintained over time, if any of such conditions fail to be so implemented and maintained according
to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or
further condition issuance of all future building permits; deny, revoke, or further condition all
certificates of occupancy issued under the authority of approvals herein granted; record a notice of
violation on the property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer or a
successor in interest by the City's approval of this Tentative Tract Map Extension.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Tentative Tract Map Extension documents, as necessary to make them internally
consistent and in conformity with the final action on the project. Development shall occur
substantially as shown on the approved Exhibits. Any proposed development, different from this
approval, shall require an amendment to this approval.
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.
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 City Council determines that the
project without the condition complies with all requirements of law.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless
the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and
against any and all liabilities, losses, damages, demands,·claims and costs, including court costs and
attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance
of this Tentative Tract Map Extension, (b) City's approval or issuance of any permit or action, whether
discretionary or nondiscretionary, in connection with the use contemplated herein, and (c)
J
CT 03-0lxl-LA COSTA RESORT AND SPA
July 19, 2016
Page 3,
Developer/Operator's installation and operption of the facility permltte~ hereby, including without
lim!tation, any and all liabilities arising from the emission by the facility of electromagnetic fields or
other energy waves or emissions. This obligation survives until all legal proceedings have been
concluded and continues even if the City's approval is not validated.
6. Tentative Tract Map Extension CT 03-0lxl Is granted for a period of two (2) years from August 18,
2016 through August 18, 2018.
7. All conditions contained In Planning Commission Resolution No. 5702 dated August 18, 2004 apply
to this extension and are incorporated herein ,by reference and remain in effect except for
Engineering Condition Nos. 27, 47, 48, 49, SO, 71, and 72, which are hereby superseded.
General
8. Developer shall submit to the city engineer written approval from North County Transit District (NCTD)
demonstrating mass-transit improvement requirements for this project have been satisfied.
9. Prior to approval of the final map or issuance.of any permits, the developer shall submit and attain
approval from the city engineer a Transportation Demand Management (mM) Plan as the project is
subject to transportation demand management strategies that reduce the reliance on single-
occupant automobiles and assist In achieving the city's livable streets vision. The plan shall include
implementation approaches and tlmellnes. Developer shall cause property owner to submit an
executed copy to the city engineer for recordatlon a city standard Transportation Demand
Management Implementation Agreement.
10. All technical studies (I.e. SWQMP, drainage studies, soils reports, etc.) are considered preliminary
during discretionary review and are subject to additional review and modification during final design.
Fees/ Agreements I
11. Developer sha II cause property owner to submit an executed copy to the city engineer for recordatlon
a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement .
. 12. Prior to approval of the final map or issuance of any permits, the developer shall enter into an
agreement with the city to pay the city's Transportation System Management Program and
Transportation Demand Management Program fees established as a result of the forthcoming Traffic
Impact Fee Update. The form and content of said agreement shall be to the satisfaction of the city
engineer and city attorney.
Grading
13. Supplemental grading plans may be required for precise grading associated with this project.
Developer shall prepare, and submit for approval, grading plans for the precise grading as shown on
the tentative map all subject to city engineer apprqval.
CT 03-0lxl -LA COSTA RESORT AND SPA
July 19, 2016
Page4
14. Prior to Issuance of the grading permit, the contractor shall submit a Construction Plan. to the city
engineer for review and approval. Said Plan may be required to include, but not be limited to,
identifying the location of the construction traller, material staging, bathroom facilities, parking of
construction vehicles, employee parking; construction fencing and gates, obtai_nlng any necessary
permission for off-site encroachment, addressing pedestrian safety, and identifying time restrictions
for various construction activities.
Storm Water Quality
15. Developer shall comply with the city's Stormwater Regulations, latest version, and shall Implement
best management practices at all times. Best management practices include but are not limited to
pollution control practices or devices, erosion control to prevent silt runoff during construction,
general housekeeping practices, pollutjon prevention and educational practices, maintenance
procedures, and. other management practices or devices to prevent or reduce the discharge of
pollutants to stormwater, receiving water .or stormwater conveyance system to the maximum extent
practicable. Developer shall notify ·pro'spectiv~ owners and tenants of the above requirements.
16. Developer shall submit for city approval a Tier 3 Storm· Water Pollution Prevention Plan (TIER 3
SWPPP). The TIER 3 SWPPP shall comply with current requirements and provisions established by the
San Diego Regional Water Quality Control Board and City of carlsbad Requirements. The TIER 3
SWPPP shall identify and Incorporate measures to reduce ~orm water pollutant runoff during
construction of the project to the maximum extent practicable. Developer shall pay all applicable
SWPPP plan review and inspection fees per the city's latest fee schedule.
17. This project Is subject to 'Priority Development Project' requirements. Developer shall prepare and
· process a Storm Water Quality Management Plan (SWQMP), subject to city engineer approval, to
comply with the carlsbad BMP Design Manual latest version. The final SWQMP required by this
condition.shall be reviewed and approved by the city engineer with final grading plans. Developer
shall pay all applicable SWQMP plan review and Inspection fees per the city's latest fee schedule.
18. Developer Is responsible to ensure that all final design plans (grading plans; improvement plans,
landscape plans, bulldlng plans, etc.) incorporate all source control, site design, pollutant control BMP
and applicable hydromodlflcatlon measures.
Dedications and Improvements
19. Developer shall ~use owner to waive direct access rights on the final map for all lots abutting El
(amino Real.
20. Add the following notes to the final map as non-mapping data:
A. Developer has e~ecuted a city standard-Subdivision Improvement Agreement and has posted
security in accordance with C.M.C. Section 20.16.070 to install public Improvements shown
on the tentative map. These improvements Include, but are not limited to:
1) The public storm drain system shown on the tentative map.
•.
•
•'
CT03-01x1-LA COSTA RESORT AND SPA
July 19, 2016
Pages '
2) The proposed water mains and appurtenances as shown on the tentative map.
3) The public street lmproyements shown on the tentative map.
B. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are _available.
C. Geotechnical caution:
1) The owner of this property on behalf of itself and all of Its successors in Interest has
agreed to hold harmless and Indemnify the City of carlsbad from any action that may
arise through any geological failure, ground water seepage or land subsidence and
subsequent damage that may occur on, or. adjacent to, this subdivision due to its
construction, operation or maintenance.
D. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to
encroach within the area Identified as a sight distance corridor as defined by City of carlsbad
Engineering Standards or line-of-sight per caitrans standards.
E. The owner of this property on behalf of itself and all of Its successors in. interest has agreed
to hold harmless and Indemnify the City of carlsbad from any action that may arise through
any diversion of waters, the alteration of the normal flow of surface waters or drainage, or
the concentration of surface waters or drainage from the drainage system or other
improvements Identified in the city approved development plans; or by the design,
construction or maintenance of the drainage system or other improvements identified In the
city approved development plans.
Utilities
Code Reminders
' 21. Developer shall pay planned local area drainage fees In accordance with Section 15.08.020 of the City
of Carlsbad Municipal Code to the satisfaction of the city engineer. · '
22. 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 (ADTI and floor area
contained In the staff report and shown on the tentative map are for planning purposes only
CITY OF CARLSBAD
Principal Planner
VL:CW:fn
c: Don Neu, City Planner
Steve Bobbett, Project Engineer
Data Entry
Ale Copy
HPRM