Loading...
HomeMy WebLinkAbout2013-01-08; City Council; Resolution 2013-0171 24 25 26 27 28 RESOLUTION NO. 2013-017 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A TWO-YEAR 3 RETROACTIVE EXTENSION OF REVIEW PERMIT 05-03x1 TO DEMOLISH A HOTEL, RESTAURANT, AND SINGLE FAMILY 4 RESIDENCE AND FOR THE CONSTRUCTION OF A THREE- STORY, 104-ROOM HOTEL PROJECT ON PROPERTY 5 GENERALLY LOCATED ON THE EAST SIDE OF CARLSBAD BOULEVARD BETWEEN PINE AVENUE AND OAK AVENUE IN 6 THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 7 1. CASE NAME: DKN HOTEL 8 CASE NO.: RP 05-03X2 9 The City Council of the City of Carisbad, California, does hereby resolve as 10 follows: 11 WHEREAS, SC HOTELS, LLC "Developer" and "Owner", has filed a verified 12 application with the City of Carisbad regarding property described as 13 Portion of Block 18, Town of Carlsbad per Map No. 775, Recorded 02-15-1894 and Portion of Tract 100, Carlsbad 14 Lands per Map No. 1661, recorded 03-01-1915, all in the City of Carlsbad, County of San Diego, State of California. APN 15 203-250-08 and 26-00 1^ ("the property"); and 17 WHEREAS, said application constitutes a request for an extension of a Major Review Permit, known as RP 05-03x1 for the DKN Hotel/Springhill Suites Carisbad project originally approved by the Housing and Redevelopment Commission on May 1, 2007; and 20 WHEREAS, the Housing and Redevelopment Commission extended RP 05-03 on September 28, 2010 for a two-year period; and WHEREAS, the City Council, on the 8th day of January , 2013, ^•^ held a duly noticed public hearing to consider said Review Permit extension and at that time received recommendations, objections, protests, comments of all persons interested in or opposed to the Review Permit Extension. Now, therefore, be it hereby resolved, the City Council of the City of Carisbad, California as follows: A. That the foregoing recitations are true and correct. 1 B. That based on the evidence presented at the public hearing, the City Council hereby APPROVES an additional two (2) year extension of Major Review Permit RP 2 05-03x1 for the DKN Hotel/ Springhill Suites Carisbad project, based on the following findings and subject to the following conditions: 10 28 General and Village Review Plan Consistencv Findings: 1. The project remains consistent with the land use plan, development standards, design guidelines and other applicable regulations set forth within the Village Master Plan and Design Guidelines, with approval of the findings set forth in Design Review Board ^ Resolution No. 319 dated March 7, 2007 and approved by the Housing and Redevelopment Commission on May 1, 2007. 2. That the CEQA findings of the Planning Commission as set forth in Planning Commission Resolution No. 6254 on file with the City Clerk, and made a part hereof by g reference, are the findings of the City Council Conditions: 11 1. All conditions contained in Housing and Redevelopment Commission Resolution No. 491 dated September 28, 2010 for RP 05-03x1 are incorporated herein by reference and 12 remain in effect, except Condition No. 1 which is superseded by Condition No. 2 below, Conditions No. 26 (cross lot drainage) and 34 (undergrounding of overhead utilities) 13 which are not applicable. Condition No. 35 which is replaced by Conditions No. 3 through 8 below. 14 2. This approval shall become null and void if building permits are not issued for this project 15 by August 8, 2014. 16 3. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 17 4. Developer shall cause property owner to submit an executed copy to the city engineer for recordation a city standard Permanent Stormwater Quality Best Management Q Practice Maintenance Agreement. 20 5- Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include 21 but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and 22 educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water 23 or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants ofthe above requirements. 24 6. Developer shall complete and submit to the city engineer a Project Threat Assessment 25 Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, developer shall also submit the appropriate Tier level Storm Water Compliance form and 26 appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the satisfaction of the city engineer. Developer shall pay all 27 applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 1 7. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc) incorporate all source control, 2 site design, treatment control BMP, applicable hydromodification measures, and Low Impact Design (LID) facilities. 3 Developer shall submit documentation, subject to city engineer approval, demonstrating 4 how this project complies with Hydromodification requirements per the city's SUSMP, latest version. Documentation shall be included within the Storm Water Management 5 Plan (SWMP). 6 "NOTICE TO APPLICANT" ^ The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of ^ Carisbad by Carisbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the ninetieth day following the date on which ^ this decision becomes final; however, if within ten days after the decision becomes final a request for the record is filed with a deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carisbad, 1200 Carisbad Village Drive, Carisbad, CA. 92008. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /// /// /// /// /// /// /// /// /// /// /// /// /// /// 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council of the City of Carisbad on the 8^^ day of January, 2013, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Blackburn and Douglas. None. ABSENT: None. MATT HALL, Mayor ATTEST: 'stant City Clerk