HomeMy WebLinkAbout2018-07-10; City Council; Resolution 2018-128RESOLUTION NO. 2018-128
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING THE THIRD AMENDMENT TO SITE DEVELOPMENT
PLAN 96-01 AND COASTAL DEVELOPMENT PERMIT 96-02 TO ALLOW FOR
THE CONSTRUCTION OF 29 ADDITIONAL HOTEL UNITS WITHIN THE
EXISTING GRAND PACIFIC PALISADES RESORT PROPERTY LOCATED AT 5803
AND 5805 ARMADA DRIVE IN THE MELLO II SEGMENT OF THE LOCAL
COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 13.
CASE NAME: GRAND PACIFIC PALISADES RESORT
EXHIBIT 1
CASE NO.: AMEND 2017-0020/AMEND 2017-0021 (DEV2017-0252)
WHEREAS, the City Council of the City of Carlsbad, California has determined that pursuant to
the provisions of the Municipal Code, the Planning Commission did, on May 16, 2018, hold a duly-
noticed public hearing as prescribed by law to consider the third amendment to Site Development Plan
SOP 96-01 and Coastal Development Permit CDP 96-02, as referenced in Planning Commission
Resolution No. 7295; and the Planning Commission adopted Planning Commission Resolution No. 7295
recommending to the City Council that it be approved; and
WHEREAS the City Council of the City of Carlsbad held a duly-noticed public hearing to consider
said third amendment to the Site Development Plan and Coastal Development Permit; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if
any, of all persons desiring to be heard, the City Council considered all factors relating to the third
amendment to the Site Development Plan and Coastal Development Permit.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the recommendation of the Planning Commission for the approval of the third
amendment to Site Development Plan SDP 96-01 and Coastal Development Permit CDP 96-02 is
approved, and that the findings and conditions of the Planning Commission contained in Planning
Commission Resolution No. 7295 on file with the City Clerk and incorporated herein by reference, are
the findings and conditions of the City Council.
3. This action is final the date this resolution is adopted by the City Council. The Provisions
of Chapter 1.16 ofthe Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply:
July 10, 2018 Item #11 Page 4 of 51
EXHIBIT 1
"NOTICE"
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 Carlsbad by Carlsbad
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 Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA 92008.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 10th day of J.!!!y, 2018, by the following vote, to wit:
AYES:
NOES:
ABSENT:
M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard.
None.
None.
~ . BARBARA ENGLESON, City Clerk ~
(SEAL)
July 10, 2018 Item #11 Page 5 of 51
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PALOMARAIRPORTRD ~ -------
SITE MAP
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NOT TO SCALE
EXHIBIT 2
GRAND PACIFIC PALISADES RESORT
PROPOSED HOTEL EXPANSION
AMEND 2017-0020 I AMEND 2017-0021 (DEV 2017-0252) July 10, 2018 Item #11 Page 6 of 51
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EXHIBIT 3
PLANNING COMMISSION RESOLUTION NO. 7295
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD,
CALIFORNIA, RECOMMENDING APPROVAL OF THE THIRD AMENDMENT TO
SITE DEVELOPMENT PLAN 96-01 AND COASTAL DEVELOPMENT PERMIT 96-
02 TO ALLOW FOR CONSTRUCTION OF 29 ADDITIONAL HOTEL UNITS WITHIN
THE EXISTING GRAND PACIFIC PALISADES RESORT PROPERTY LOCATED AT
-5803 AND 5805 ARMADA DRIVE IN THE MELLO II SEGMENT OF THE LOCAL
COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 13.
CASE NAME: GRAND PACIFIC PALISADES RESORT
CASE NO.: AMEND 2017-0020 / AMEND 2017-0021 (DEV2017-0252)
WHEREAS, Timothy Stripe, Grand Pacific Palisades Hotel, LP., "Developer," has filed a
verified application with the City of Carlsbad regarding property described as
PARCEL A: 211-022-32
LOT 3 AND A PORTION m: LOT 1 OF CARLSBAD RANCH HOTEL AND
TIMESHARE RESORT C.T. 96-01, ACCORDING TO MAP THEREOF NO.
13719, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, FEBRUARY 3, 1999 AS DOCUMENT NO. 99-0065268 OFFICIAL
RECORDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA; AND
PARCEL B: 211-022-28
LOT 2 OF CARLSBAD RANCH HOTEL AND TIMESHARE RESORT C.T. 96-01,
ACCORDING TO MAP THEREOF NO. 13719, FILED IN _JHE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 3, 1999 AS
DOCUMENT NO. 1999-0065268 OFFICIAL RECORDS, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
.("the Property"); and
WHEREAS, said verified application constitutes a request for a Site Development -Plan
Amendment and Coastal Development Permit Amendment as shown on Exhibits "A" -"U" dated May 16,
2018, on file in the Planning Division, AMEND 2017-0020 / AMEND 2017-0021 -GRAND PACIFIC
PALISADES RESORT, as provided by Chapters 21.06 and 21.201.030 of the Carlsbad Municipal Code; and
WHEREAS, on February 18, 1997, the City Council approved SDP 96~01 / CT 96-01 / PUD
96-01 / CUP 96-11 / CDP 96-02 -Carlsbad Ranch Hotel and Timeshare Resort to allow 161 timeshare
units, 90 hotel units, and restaurant space for Grand Pacific Palisades Resort, as described and
conditioned in City Council Resolution No. 97-74; and
July 10, 2018 Item #11 Page 7 of 51
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WHEREAS, on June 6, 2000, the City Council approved SDP 96-0l(A) / CDP 96-02(A) -
GRAND PACIFIC PALISADES RESORT, to allow for the addition of 24 hotel rooms for the existing Grand
Pacific Palisades Resort, as described and conditioned in City Council Resolution No. 2000-181; this
project was not constructed and the entitlements have expired; and
WHEREAS, on August 6, 2006, the City Council approved SDP 96-0l(B) / CDP 96-02(8) -
GRAND PACIFIC PALISADES RESORT, to extend the deadline for issuance of building permits and to allow
20 hotel units and 1,600 square feet of meeting space for the existing Grand Pacific Palisades Resort, as
described and conditioned in City Council Resolution No. 2002-238; this project was not constructed ;rnd
the entitlements have expired; and
WHEREAS, the Pl,anning Commission did, on May 16, 2018, hold a duly noticed public
hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to
the third site Development Plan Amendment and Coastal Development Permit Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B)
Findings:
That based on the evidence presented at the public hearing, the Planning Commission
RECOMMENDS APPROVAL of AMEND 2017-0020 / AMEND 2017-0021 -GRAND
PACIFIC PALISADES RESORT based on the following findings and subject to the following
conditions:
SITE DEVELOPMENT PLAN AMEND 2017-0020 (SDP 96-0l(B))
1. That the proposed development or use is consistent with the General Plan and any applicable
master plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the
Carlsbad Municipal Code, and all other ap'plicable provisions of this code, in that the project is a
request for the construction of a hotel addition, which is an encouraged and allowed use within
the Visitor Commercial General Plan Land Use designation and the permitted land uses specified
for Planning Area 3 of the Carlsbad Ranch Specific Plan. As specified in the Carlsbad Ranch
Specific Plan, Planning Area 3, buildings that exceed 35 feet in height are not required to
increase their setbacks since the setback requirements for Planning Area 3 {30~foot front yard
setback and 25-foot side yard setbacks) are far greater than the requirement of the C-T Zone.
PC RESO NO. 7295 -2-July 10, 2018 Item #11 Page 8 of 51
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2.
3.
4.
The proposed building at 42'-6", with an architectural tower feature that protrudes to 46 feet
in height, is allowed because it meets all of the criteria for approval as discussed in finding 4
below. All other aspects of the project are consistent with the requirements of the Carlsbad
Ranch Specific Plan and Carlsbad Municipal Code.
That the requested development or use is properly related to the site, surroundings and
environmental settings, will not be detrimental to existing development or uses or to
development or uses specifically permitted in the area in which the proposed development or use
is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that
the proposed hotel expansion is compatible with, and an extension of, the existing hotel use.
Therefore, it will not adversely impact adjacent properties. The hotel has an articulated design
that is of a Mediterranean architectural style as required by the Carlsbad Ranch Specific Plan,
and will be constructed of durable, high-quality building materials. The project will not affect
the site's existing access, circulation and parking.
That the site for the intended development or use is adequate in size and shape to accommodate
the use, in that the subject site is adequate in size and shape to accommodate the proposed
hotel expansion and will comply with the required development and design standards of the
Carlsbad Ranch Specific Plan. No variances to standards are proposed. Increased roof heights
were previously approved for the project site and the additional height allows the addition to
continue the 4:12 pitched roof at the same height, which ensures the building's design
excellence. The proposed building at 42'-6" in height, with an architectural tower feature that
protrudes to 46 feet in height, meets the required approval criteria as discussed in finding 4
below. The hotel addition will increase the total building coverage to 48 percent, whereas 50
percent is allowed. The hotel site is conveniently located off Armada Drive and adjacent to the
Legoland California Resort Theme Park, Flower Fields, and convenient access and parking is
currently provided on-site.
That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the
requested development or use to existing or permitted future development or use in the
neighborhood will be provided and maintained, in that the site functions as a component of the
Carlsbad Ranch Specific Plan's allowed Commercial Tourist serving uses. The project has been
designed in accordance with all development and design standards of the Specific Plan;
therefore, the project is compatible with the existing Grand Pacific Palisades Resort.
Furthermore, the proposed hotel expansion will be set back from the easterly property line
(abutting Armada Drive) a minimum of 40 feet and landscaping will be provided and
maintained. Adequate circulation, access aisles, and parking spaces exist on-site and will not
be changed. The h.otel is three stories, but its 42'-6" height exceeds the maximum 35 foot height
limit. The Grand Pacific Palisades Resort has previously been approved to construct structures
over 35 feet in height because the setback requirements for Planning Area 3 (30-foot front yard
setback and 25-foot side yard setbacks) are far greater than the requirement of the C-T Zone.
The 40-foot front yard setback and 26-foot side yard setback are sufficient for the proposed 42'-
6" tall hotel expansion. Almost all architectural features meet the permitted 45-foot height
limit for these protrusions. However, the tower at the center of the addition is an architectural
feature that exceeds the height limit, and is 46 feet in height. This tower meets the required
findings for approval because:
a. The 96 square foot area is only one percent of the total roof area, which is well under
the maximum allowable three percent of the total roof area.
b. There is no usable floor area within the portion of the tower that exceeds 45 feet.
PC RESO NO. 7295 -3-July 10, 2018 Item #11 Page 9 of 51
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C.
d.
e.
The increased height is not for the purpose of screening roof equipment, since no
equipment is proposed within the tower's parapets.
The tower will not impact adjacent properties because the tower feature is within the
Grand Pacific Palisades Resort site and, is not near any adjacent properties.
The tower is necessary for the hotel's design excellence because it is a key feature of
the Mediterranean architectural style of the hotel, it is proportional to and in scale with
the rest of the hotel, and adds visual interest to the architecture of the building.
That the street systems serving the proposed development or use is adequate to properly handle
all traffic generated by the proposed use, in that primary access to the site will continue to be
provided from Armada Drive via the main entrance to Grand Pacific Palisades Resort. Armada
Drive is adequate in size to handle the proposed 232 Average Daily Trips {ADT) in traffic that
will be generated by the 29 additional hotel units. The total ADT for the site with the 29
additional hotel units is 3,002 ADT. The maximum ADT planned for the resort per the Carlsbad
Ranch Specific Plan was 3,600 ADT. As such, the street system serving the proposed use will be
adequate to handle the increase in traffic generated by the proposed project.
11 COASTAL DEVELOPMENT PERMIT AMEND 2017-0021 {CDP 96-02(8))
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6.
7.
8.
9.
That the proposed development is in conformance with the Certified Local Coastal Program and
all applicable policies in that no impacts to any physical features, such as scenic resources,
environmentally sensitive areas, or geologic features, will occur as none exist on the essentially
flat and previously developed site. The project will replace an existing building and no distant
or coastal views would be obstructed from public lands or roadways.
The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
Coastal Act in that the property is not near the shore and there are no public access or public
recreation requirements for the property.
The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone
(Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master
Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional
Runoff Management·-Program (JRMP) to avoid increased urban runoff, pollutants, and soil
erosion. No steep slopes or native vegetation is located on the subject property and the site is
not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or
liquefaction.
The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan-
Palomar Airport (ALUCP), dated December 1, 2011, in that.:
a. The proposed project is located within the 60-65 dB CNEL noise contour. The proposed
hotel addition is considered conditionally compatible with the 60-65 CNEL contour in
the ALUCP. The ALUCP identifies that the outdoor noise levels are acceptable for the
hotel land use and associated outdoor activities. However, interior noise levels shall be
attenuated to 45 CNEL for the hotel use. A condition of approval is included to require
interior noise level compliance prior to building permit issuance to ensure the noise
levels are attenuated.
PC RESO NO. 7295 -4-July 10, 2018 Item #11 Page 10 of 51
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b.
C.
d.
The proposed project is in compliance with the ALUCP airspace protection surfaces
because the maximum height of the hotel ,including protrusions is well below the height
that requires notification of construction to the FAA.
The proposed project is located within Safety Zone 6. The ALUCP identifies lodging uses
located within Safety Zone 6 as compatible with airport uses.
The proposed project is located within the overflight notification area. The ALUCP
requires recordation of an overflight notification only for new residential uses.
However, previous project approvals required, and the developer recorded, a "Notice
Concerning Aircraft Environmental Impacts" for the resort.
That the project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 13 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 facilities; libraries; government
administrative facilities; and open space, related to the project will be installed to serve new
development prior to or concurrent with need.
That the project is consistent with the City's Landscape Manual and Water Efficient Landscape
Ordinance {Carlsbad Municipal Code Chapter 18.50).
That the city planner has determined that the project belongs to a class of projects that the State
Secretary for Resources has found do not have a significant impact on the environment, and it is
therefore categorically· exempt from the requirement for the preparation of environmental
documents pursuant to Section 15332 -In-fill Development Projects of the state CEQA
Guidelines. In making this determination, the City Planner has found that the exceptions listed in
Section 15300.2 of the state CEQA Guidelines do not apply to this project. Furthermore, any
potential environmental effects of the project were adequately analyzed by the previously
Certified EIR for the Carlsbad Ranch Specific Plan -SP 207 /EIR 94-01.
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.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to approval of a building
22 or grading permit, whichever occurs first.
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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 third amendment to Site
Development Plan SDP 96-01 and Coastal Development Permit CDP 96-02.
PC RESO NO. 7295 -5-July 10, 2018 Item #11 Page 11 of 51
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2.
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Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Site Development Plan Amendment and Coastal Development Permit
Amendment 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.
Developer shall comply with all applicable prov1s1ons of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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.
Developer/Operator shall and does hereby agree to indemnify, pr9tect, 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 Site Development Plan Amendment and Coastal
Development Permit Amendment, (b) city's approval or issuance of any permit or action,
whether discretionary or nondiscretionary, in connection with the use contemplated herein, and
(c) developer/operator's installation and operation of the facility permitted hereby, 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 city's approval is not validated.
Prior to submittal of the building plans, improvement plans, or grading plans, whichever occurs
first, Developer shall submit to the city planner, a 24" x 36" copy of the Site Plan sheets,
conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final
decision-making body. The. copy shall be submitted to the city planner, reviewed and, if found
acceptable, signed by the city's project planner and project engineer. If no changes were required,
the approved exhibits shall fulfill this condition.
Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from the Carlsbad Unified School District that this project has satisfied its obligation to
provide school facilities ..
This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 13 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
This approval shall become null and void if building permits are not issued for this project within
24 months from the date of project approval.
10. 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.
PC RESO NO. 7295 -6-
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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 CFO
#1 special tax (if applicable}, subject to any credits authorized by Carlsbad Municipal Code Section
5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone
13, 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.
Prior to the issuance of the grading permit, Developer shall submit to the city a Notice 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 city planner, notifying all
interested parties and successors in interest that the City of Carlsbad has issued a(n) Site
Development Plan Amendment and Coastal Development Permit Amendment by Resolution
No. 7295 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 city planner 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.
Developer shall submit and obtain city planner 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 and irrigation as shown on the
approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum
amount of water to the landscape for plant growth without causing soil erosion and runoff.
The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape
plancheck process on file in the Planning Division and accompanied by the project's building,
improvement, and grading plans.
All roof appurtenances, with the exception of photo voltaic systems, including air conditioners,
shall be architecturally integrated and 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 Directors of Community and Economic Development Department and Planning.
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 city planner of
an Outdoor Storage Plan, and thereafter comply with the approved plan.
Developer shall submit and obtain city planner approval of an exterior lighting plan including
parking areas. All lighting shall be designed to reflect downward and avoid any impacts on
adjacent property.
Prior to issuance of a building permit, the developer shall submit a noise study to the
satisfaction of the city planner and building official demonstrating that the project's interior
no,ise levels will be attenuated to 45 CNEL for the proposed hotel addition.
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July 10, 2018 Item #11 Page 13 of 51
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Engineering
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NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval
3 of this proposed development, must be met prior to approval a building or grading permit whichever
occurs first.
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General
19.
20.
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.
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 determined that
adequate water and sewer facilities are available at the time of permit issuance and will continue
to be available until time of occupancy.
Fees/ Agreements
21.
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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.
Developer shall cause property owner to execute and submit to th_e city engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
Developer shall cause property owner to submit an executed copy to the city engineer for
recordation a city standard Permanent Stormwater Quality Best Management Practice
Maintenance Agreement.
Provide proof of a private access easement for the proposed walkway located within the
adjacent property for the benefit of this project.
Grading
25.
26.
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, post security and pay all applicable grading plan review
and permit fees per the city's latest fee schedule.
This project requires off site grading. No grading for private improvements shall occur outside the
property boundary unless developer obtain letter of permission to grade from the adjacent
property owner. If developer is unable to obtain letter of permission to grade no grading permit
will be issued. In that case developer must either apply for and obtain an amendment of this
approval or modify the plans so grading will. not occur outside the property boundary and apply
for and obtain a finding of substantial conformance and/or consistency determination from both
the city engineer and city planner.
PC RESO NO. 7295 -8-
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Storm Water Quality
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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, 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 stormwater conveyance system to the
maximum extent practicable. Developer shall notify prospective owners and tenants of the above
requirements.
Developer shall complete and submit to the city engineer a Determination of Project's SW PPP Tier
Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer shall
also submit the appropriate Tier Level Storm Water Compliance form and appropriate Tier Level
Storm Water Pollution Prevention Plan (SWPPP) to the satisfaction of the city engineer. Developer
shall pay all appli,cable SWPPP plan review and inspection fees per the city's latest fee schedule.
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.
Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
landscape plans, building plans, etc.) incorporate all source control, site design, treatment control
BMP, and Low Impact Design (LID) facilities.
Utilities
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Developer shall meet with the fire marshal to determine if fire protection measures (fire flows,
fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if
proposed, shall be considered private improvements and shall be served by private water main
to the satisfaction ofthe district engineer.
Prior to issuance of building permits, developer shall pay all fees, deposits, and-charges for
connection to public facilities.
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 Division for processing and
~pproval by the district engineer.
Developer shall install potable water services and meters at locations approved by the district
engineer. The locations of said services shall be reflected on public improvement plans.
The developer shall install sewer laterals and clean-outs at locations approved by the city
engineer. The locations of sewer laterals shall be reflected on public improvement plans.
The developer shall design and construct public water, and sewer facilities substantially as shown
on the site plan to the satisfaction of the district engineer and city engineer.
PC RESO NO. 7295 -9-July 10, 2018 Item #11 Page 15 of 51
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Code Reminders
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Note: The project is subject to all applicable provisions of local ordinances, including but not limited to
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Developer shaU 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 planning purposes only.
Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 13 as required by Carlsbad Municipal Code Section 21.90.050.
Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of
the Carlsbad Municipal Code.
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Approval of this request shall not excuse compliance with all applicable sections of the Zoning
Ordinance and all other applicable city ordinances in effect at time of building permit issuance,
except as otherwise specifically provided herein.
The project shall comply with the latest nonresidential disabled access requ irements pursuant to
Title 24 of the California Building Code.
Premise identification (addresses) sJ,all be provided consistent with Carlsbad Municipal Code
· Section 17.04.320. r
Any signs proposed for this development shall at a minimum be designed in conformance with
the City's Sign Ordinance and shall require review and approval of the city planner prior to
installation of such signs.
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 11fees/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.
PC RESO NO. 7295 -10-
July 10, 2018 Item #11 Page 16 of 51
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of the City
of Carlsbad, California, held on May 16, 2018, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
MARTELL MONTGOMERY, Ch
CARLSBAD PLANNING COMM
DON NEU
Chairperson Montgomery, Commissioners Anderson, Black, Luna
Meenes and Segall
14 City Planner
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PC RESO NO. 7295 -11-July 10, 2018 Item #11 Page 17 of 51