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HomeMy WebLinkAbout2018-11-07; Planning Commission; ; AMEND 2017-0026/SDP 2017-0011 (DEV02092) – OMNI LA COSTA BALLROOM Item No. 3 Application complete date: July 26, 2018 P.C. AGENDA OF: November 7, 2018 Project Planner: Chris Garcia Project Engineer: Tecla Levy SUBJECT: AMEND 2017-0026/SDP 2017-0011 (DEV02092) – OMNI LA COSTA BALLROOM – Request for approval of a Minor Master Plan Amendment and Site Development Plan to expand the existing ballroom within Planning Area 5 of the La Costa Resort and Spa Master Plan, on property generally located southeast of El Camino Real and Arenal Road within Local Facilities Management Zone 6. The City Planner has determined that this project has no new significant environmental effects not analyzed in the originally approved Mitigated Negative Declaration for the La Costa Resort and Spa Master Plan, and no further CEQA compliance is required. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7315 APPROVING Minor Master Plan Amendment AMEND 2017-0026 and Site Development Plan SDP 2017-0011 based upon the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND On September 21, 2004, the City Council approved the La Costa Resort and Spa Master Plan (MP 03-02) and related applications for the La Costa Resort and Spa project. The La Costa Resort and Spa Master Plan establishes the permitted uses, development standards, and design criteria for each planning area as well as the development review process to be utilized. The proposed Minor Master Plan Amendment to the La Costa Resort and Spa Master Plan is the fourth amendment to MP 03-02 and will primarily modify the text of Planning Area 5 to accommodate expanded ballroom facilities connected to the existing ballroom located in Planning Area 5. The proposed Site Development Plan would approve the ballroom expansion and approve changes to the existing site plan. Other changes to the Master Plan include an update to the parking needs assessment, timing to fully improve parking areas on Planning Areas 1 and 2, and other updates based on the resort’s current development. The proposed project will add a 32,240-square-foot ballroom connected to the existing 42,510-square foot-ballroom. The existing ballroom consists of 18,000 square feet of event space, while the addition will add 14,165 square feet of event space, for a total of 32,165 square feet. The remaining square footage includes meeting rooms, pre-function areas, a kitchen, restrooms, hallways, loading areas and storage. The project also includes a new 8,960-square-foot outdoor event area, located adjacent to the east side of the ballroom expansion. AMEND 2017-0026/SDP 2017-0011 – OMNI LA COSTA BALLROOM November 7, 2018 Page 2 The ballroom expansion maintains the Spanish Colonial architectural influence with white Santa Barbara stucco walls and terracotta tile roofs. The building also contains tower features, decorative wrought iron grills, wood louvers, exposed wood rafter tails, and other stained wood elements. The ballroom expansion will displace existing parking spaces. However, the updated parking needs assessment shows that the remaining existing parking is adequate to accommodate the proposed expansion (See Attachment 5). Table 1 below includes the General Plan Land Use designations, zoning and current land uses of the project site and surrounding properties. TABLE 1– SURROUNDING LAND USE Location General Plan Designation Zoning Current Land Use Site Visitor Commercial (VC) Planned Community (P- C) Hotel Ballroom/Parking Lot North VC P-C Vacant/Parking Lot South VC P-C Commercial Dwelling Units East VC P-C Hotel/Commercial Dwelling Units West Open Space (OS) Open Space (OS) El Camino Real / Natural Open Space III. ANALYSIS The project is subject to the following regulations: A. Visitor Commercial (VC) General Plan Land Use designation; B. La Costa Resort and Spa Master Plan (MP 03-02) and General Commercial (C-2) Zone (CMC Chapter 21.28; C. Scenic Preservation Overlay Zone regulations (CMC Chapter 21.40 and the El Camino Real Corridor Development Standards); D. McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP); E. Growth Management Ordinance (CMC Chapter 21.90) and Local Facilities Management Plan Zone 6. The recommendation for approval of this project was developed by analyzing the project’s consistency with the applicable regulations and policies. The project’s compliance with each of the above regulations is discussed in detail in the sections below. A. Visitor Commercial (VC) General Plan Land Use Designation The project site has a Visitor Commercial (VC) General Plan Land Use designation. The allowable VC land uses include uses which serve the travel, retail, shopping, entertainment, and recreation needs of visitors, tourists, and residents. The La Costa Resort and Spa is a destination resort and provides many travel and recreational services. The project complies with all the applicable policies of the General Plan as shown in Table 2 below. AMEND 2017-0026/SDP 2017-0011 – OMNI LA COSTA BALLROOM November 7, 2018 Page 3 TABLE 2 – GENERAL PLAN COMPLIANCE ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY Land Use Goal 2-G.10 Promote continued growth of visitor- oriented land uses, and provide enhanced opportunities for new hotels and visitor-services in desirable locations. The project proposes to expand an existing ballroom at the La Costa Resort and Spa, which is an existing destination resort utilized by tourists and residents. Yes Mobility Policy 3-P.5 Require developers to construct or pay their fair share toward improvements for all travel modes consistent with the Mobility Element, the Growth Management Plan, and specific impacts associated with their development. Policy 3-P.38 Develop flexible on-site vehicle parking requirements. Such requirements will include implementation of innovative parking techniques, implementing effective TDM programs to reduce parking demand, and consideration of other means to efficiently manage parking supply and demand. The proposed project does not require any improvements to the existing street system. The project site is served by internal private streets which are accessed from El Camino Real and Arenal Road. The applicant will be required to pay traffic impact fees prior to issuance of a building permit that will go towards future road improvements. The project has an updated parking needs assessment (Walker Consultants, August 1, 2018). The assessment takes into account real data for the existing uses on-site and estimates the parking demand for the ballroom addition. Parking is already shared across all land uses on the resort property. Furthermore, valet parking and shuttles can be used to manage parking demand as needed. Yes Public Safety Goal 6-G.1 Minimize injury, loss of life, and damage to property resulting from fire, flood, hazardous material release, or seismic disasters. Policy 6-P.6 Enforce the requirements of Titles 18, 20, and 21 pertaining to drainage and flood control when reviewing applications for building permits and subdivisions. Policy 6-P.34 The proposed structural improvements are required to be designed in conformance with all seismic design standards. In addition, the proposed project is consistent with all the applicable fire safety requirements. Further, the project has been conditioned to develop and implement a program of “best management practices” for the elimination and reduction of pollutants which enter into and/or Yes AMEND 2017-0026/SDP 2017-0011 – OMNI LA COSTA BALLROOM November 7, 2018 Page 4 ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY Enforce the Uniform Building and Fire codes, adopted by the city, to provide fire protection standards for all existing and proposed structures. Policy 6-P.39 Ensure all new development complies with all applicable regulations regarding the provision of public utilities and facilities. are transported within storm drainage facilities. Noise Goal 5-G.2 Ensure that new development is compatible with the noise environment, by continuing to use potential noise exposure as a criterion in land use planning. Policy 5.P.2 Require a noise study analysis be conducted for all discretionary development proposals located where projected noise exposure would be other than “normally acceptable.” The ballroom expansion is located 140 feet from El Camino Real, which is the main source of noise for the project site. General commercial buildings have a “normally acceptable” noise range of 50 - 70 dBA CNEL. The estimated exterior noise level is in the 65-70 dBA CNEL range. Given conventional construction techniques and no major windows or openings facing El Camino Real, the interior noise level will be within the normally acceptable noise range. Yes B. La Costa Resort and Spa Master Plan (MP 03-02) and General Commercial (C-2) Zone An overall goal of the La Costa Resort and Spa Master Plan is to guide future development of land within the Master Plan area through design and development standards. The current Master Plan did not anticipate any further development within Planning Area 5. Therefore, a Minor Master Plan Amendment has been submitted to allow for an expansion of the ballroom. The ballroom expansion is subject to the development standards listed in the La Costa Resort and Spa Master Plan and the General Commercial (C- 2) Zone. The Master Plan is being amended to accommodate the ballroom expansion, as well as to update the Plan based on the existing development on the resort property (See Attachment 4). The Minor Master Plan Amendment updates the parking needs assessment that was last prepared in June 2008 (See Attachment 5). The parking assessment studied the existing parking demand for two high occupancy dates which also had ballroom events. The study concluded that the required parking for the entire resort was overestimated in the previous parking needs assessment, which did not use real data from the resort. Therefore, even with the parking displaced by the ballroom expansion and the increased demand, the resort still has adequate parking available for all existing uses on-site. The existing ballroom and the ballroom expansion utilize a portion of Planning Areas 1 and 2 for ballroom parking since it is nearby. Since Planning Areas 1 and 2 are not fully improved parking areas, the proposed amended Master Plan requires that these parking areas be fully improved to city standards within five years of the ballroom expansion being completed. However, the Master Plan allows for commercial AMEND 2017-0026/SDP 2017-0011 – OMNI LA COSTA BALLROOM November 7, 2018 Page 5 dwelling units to be constructed within Planning Areas 1 and 2. The proposed amended Master Plan ensures the provision of adequate on-site parking in the future. If commercial dwelling units are constructed within Planning Areas 1 and/or 2, then replacement parking in the form of a parking structure in Planning Area 5 shall be constructed concurrently with the construction of the Commercial Dwelling Units. The amount of replacement parking shall be approved by the City Planner and be partially based upon parking surveys. The project complies with all of the applicable development standards of the master plan and C-2 zone as shown in Table 2 below. TABLE 2 – ZONING AND DEVELOPMENT REGULATION COMPLIANCE STANDARD REQUIRED PROPOSED COMPLIANCE Building Height: General Building Architectural Features 35’ 45’ for architectural and roof projections not providing habitable or otherwise usable space. 34’-8” main building 40’-10” architectural tower feature Yes Building Setbacks: El Camino Real All others 45’ N/A 140’ N/A Yes Lot Coverage N/A N/A N/A Architectural Theme Spanish Colonial Spanish Colonial Yes Building Colors White, cream, tan, sand, light brown, mauve, and other muted earth tones. Colors outside of this spectrum shall be used for accents only. White stucco Roof Materials Primarily terra cotta barrel and “s” tile. Terra cotta “s” tile. Yes Building Massing Front elevation shall be staggered to create interest. Multi-story plate lines with second story wall setbacks encouraged. Elevations have multiple roof lines and tower features to create articulation and add visual interest. The taller portion of the ballroom is stepped back on all sides. Yes Windows Multi-pane windows Multi-pane windows are provided. Yes AMEND 2017-0026/SDP 2017-0011 – OMNI LA COSTA BALLROOM November 7, 2018 Page 6 Columns Columns used as structure or aesthetic design elements shall convey a solid and durable image, and be consistent with the architectural style. Architecturally appropriate columns are incorporated on the north and east elevations. Yes Parking Shared parking permitted and shall be provided according to the latest parking needs assessment. Adequate parking provided per the parking needs assessment by Walker Consultants dated August 1, 2018 (See Attachment 5). Yes The La Costa Resort and Spa Master Plan requires the approval of a Site Development Plan (SDP) for development within Planning Area 5. The processing of an SDP is subject to the specific findings contained within CMC Chapter 21.06. The proposed project is consistent with the General Plan and the Master Plan as discussed in this section. The requested development is properly related to the site and not detrimental to existing development in that a ballroom continues to be associated with resort hotel uses which are permitted within the La Costa Resort and Spa Master Plan and the General Commercial (C-2) zone assigned to Planning Area 5 of the Master Plan and is compatible with the existing resort campus surrounding the project site. The project has been conditioned to limit the hours of the outdoor event area to minimize conflicts with neighboring residential uses. Furthermore, the project is required to comply with the city’s noise guidelines for noise generated by the project as measured by the property boundaries. The site is adequate in size and shape to accommodate the proposed use in that the ballroom expansion complies with all applicable development standards of the La Costa Resort and Spa Master Plan, as amended, and the C-2 zone, including setbacks, landscaping, parking, height restrictions, and architectural design. The yards, setbacks, walls, fences, landscaping and other features necessary to adjust the project to existing or future development will be provided and maintained in that the project is located within a developed area of the La Costa Resort and Spa Master Plan and existing perimeter walls and existing and proposed landscaping help screen the building. The street system serving the project is adequate to handle all traffic generated by the ballroom expansion in that the existing surrounding public streets, which are fully improved, have adequate capacity to accommodate the traffic generated by the project. C. Scenic Preservation Overlay Zone regulations (CMC Chapter 21.40 and the El Camino Real Corridor Development Standards); The project site is located within Planning Area 5 of the La Costa Resort and Spa Master Plan. Planning Area 5 is subject to the provisions of the El Camino Real Scenic Corridor Development Standards and is subject to the approved Special Use Permit SUP 03-03 standards that are incorporated in the Master Plan. In conjunction with the existing ballroom development, enhanced landscaping was installed along the east side of El Camino Real to help screen the building. This landscaping will be maintained and will continue to help screen the ballroom expansion. In addition, the parking lot between the ballroom and El Camino Real will be landscaped with parking lot trees to provide additional landscaping depth. The proposed ballroom addition complies with required setbacks and complies with the 35-foot height limit set forth in Special Use Permit SUP 03-03. Therefore, no amendment to SUP 03-03 is required. D. McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP) The proposed project falls within the boundaries of the McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP) – Airport Influence Review Area 2. Limits on the heights of structures, particularly in areas AMEND 2017-0026/SDP 2017-0011 – OMNI LA COSTA BALLROOM November 7, 2018 Page 7 of high terrain, are the only restrictions on land uses within Review Area 2. The recordation of overflight notification documents is not required due to this project’s location within Review Area 2. The project site is not located in an area of high terrain and the proposed structure’s height does not require any FAA notification. E. Growth Management Ordinance The proposed project is located within Local Facilities Management Zone 6 in the Northwest Quadrant of the city. Currently, all the community infrastructure located within Zone 6 that would require a contribution from the development of the site as a non-residential project has been completed, including street improvements to El Camino Real and Arenal Road. Expansion of the existing hotel ballroom does not create the need for new or expanded infrastructure and is therefore consistent with the existing Zone 6 Local Facilities Management Plan. The impacts on public facilities created by the project, and its compliance with the adopted performance standards, are summarized in Table 3 below. TABLE 3 – GROWTH MANAGEMENT COMPLIANCE STANDARD IMPACTS COMPLIANCE City Administration N/A N/A Library N/A N/A Waste Water Treatment 42 EDU Yes Parks N/A N/A Drainage 16.6 CFS/Basin D Yes Circulation 252 ADT Yes Fire Station 2 Yes Open Space N/A N/A Schools (Carlsbad) N/A N/A Sewer Collection System 9,240 GPD Yes Water 2,300 GPD Yes IV. ENVIRONMENTAL REVIEW Pursuant to the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code, staff has conducted an environmental impact assessment to determine if the project could have any potentially significant impact on the environment that were not previously evaluated in the adopted Mitigated Negative Declaration for the La Costa Resort and Spa Master Plan (City Council Resolution No. 2004-304 for GPA 03-08/ZC 03-04/MP 02-03/MP 149(S)/CT 03- 01/PUD 03-06/SUP 03-03/SUP 03-06). The project has no new significant environmental effects not analyzed as significant in the adopted Mitigated Negative Declaration. None of the circumstances requiring further environmental review under CEQA Guidelines Section 15162 or 15163 exist. In addition, Master Plan level mitigation measures were incorporated into the overall design of the Master Plan project or were placed as conditions of approval such that all potentially significant impacts have been mitigated to below a level of significance. AMEND 2017-0026/SDP 2017-0011 – OMNI LA COSTA BALLROOM November 7, 2018 Page 8 ATTACHMENTS: 1. Planning Commission Resolution No. 7315 2. Location Map 3. Disclosure Statement 4. Amended La Costa Resort and Spa Master Plan Exhibit 5. Parking Needs Assessment 6. Reduced Exhibits 7. Full Size Exhibits “A” – “P” dated November 7, 2018 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A MINOR MASTER PLAN AMENDMENT AND SITE DEVELOPMENT PLAN TO EXPAND THE EXISTING BALLROOM WITHIN PLANNING AREA 5 OF THE LA COSTA RESORT AND SPA MASTER PLAN ON PROPERTY GENERALLY LOCATED SOUTHEAST OF EL CAMINO REAL AND ARENAL ROAD WITHIN LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: OMNI LA COSTA BALLROOM CASE NO: AMEND 2017-0026/SDP 2017-0011 (DEV02092) WHEREAS, Omni Hotels & Resorts, “Developer/Owner”, has filed a verified application with the City of Carlsbad regarding property described as All lots of Carlsbad Tract CT 03-01-01 and CT 03-01-02, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 14984, filed in the Office of the County Recorder of San Diego, March 18, 2005, as file number 2005-0224598 and map No. 15108, filed September 19, 2005 as file number 2005-0806928 (“the Property”); and WHEREAS, said verified application constitutes a request for a Minor Master Plan Amendment and Site Development Plan as shown on the amended La Costa Resort and Spa Master Plan exhibits and Exhibits “A” – “P“ dated November 7, 2018, on file in the Carlsbad Planning Division, AMEND 2017-0026/SDP 2017-0011 – OMNI LA COSTA BALLROOM, as provided by MP 03-02 – LA COSTA RESORT AND SPA MASTER PLAN and Chapter 21.38 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on November 7, 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 Minor Master Plan Amendment and Site Development Plan. 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. PLANNING COMMISSION RESOLUTION NO. 7315 PC RESO NO. 7315 -2- B) That based on the evidence presented at the public hearing, the Commission APPROVES AMEND 2017-0026/SDP 2017-0011– OMNI LA COSTA BALLROOM based on the following findings and subject to the following conditions: Findings: Minor Master Plan Amendment 1. The Minor Master Plan Amendment is minor in nature as the amendment allows the expansion of the existing ballroom within Planning Area 5 of the La Costa Resort and Spa Master Plan and associated updates throughout the Master Plan. The proposed project does not change the densities or boundaries of the subject property, does not involve an addition of a new use or group of uses not shown on the original Master Plan, and does not rearrange uses within the Master Plan. Site Development Plan 2. 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 applicable provisions of this code, in that the project design complies with the requirements of the La Costa Resort and Spa Master Plan, as amended, and complies with applicable sections of Title 21. The La Costa Resort and Spa Master Plan amendment was found to be in compliance with the General Plan. Specifically, the project is consistent with General Plan Land Use Goal 2-G.10 which encourages continued growth of visitor-oriented land uses, and enhanced opportunities for new hotels and visitor-services in desirable locations. The project proposes to expand an existing ballroom at the La Costa Resort and Spa, which is an existing destination resort utilized by tourists and residents. A detailed description of the Plan’s compliance with the General Plan is located in Section III.A of the project staff report dated November 7, 2018. 3. 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 project consists of the expansion of an existing ballroom, addition of an outdoor event space, and other necessary improvements within Planning Area 5 of the La Costa Resort and Spa Master Plan. The ballroom expansion project area has a Visitor Commercial (VC) General Plan Land Use designation that is compatible with the existing resort improvements that are located throughout the La Costa Resort and Spa Master Plan. The project is consistent with the General Plan as summarized above and discussed in Section “A” of the staff report. Furthermore, the proposed project will not be detrimental to existing uses or to uses specifically permitted in the area in which the use is located in that, a ballroom continues to be associated with resort hotel uses which are permitted within the La Costa Resort and Spa Master Plan and the General Commercial (C-2) zone assigned to Planning Area 5 of the Master Plan and is compatible with the existing resort campus surrounding the project site. The project has been conditioned to limit the hours of the outdoor event area to minimize conflicts with neighboring residential uses. Furthermore, the project is required to comply with the city’s noise guidelines for noise generated by the project as measured at the perimeter boundaries of the La Costa PC RESO NO. 7315 -3- Resort and Spa Master Plan. The proposed improvements are properly related to the site surroundings and environmental setting in that the project complies with all development standards of the Master Plan and the C-2 zone and will result in no environmental impacts. The project will not adversely impact the site, surroundings, or traffic circulation in that the project complies with all applicable development standards. The existing surrounding streets which are fully improved have adequate capacity to accommodate the 252 Average Daily Trips (ADT) generated by the project. 4. That the site for the intended development or use is adequate in size and shape to accommodate the use; in that the project complies with all applicable development standards of the La Costa Resort and Spa Master Plan, as amended, and the C-2 zone, including setbacks, landscaping, parking, height restrictions, and architectural design. 5. That all of the 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 proposed ballroom expansion, outdoor event area, surface parking, and other necessary improvements can fit within the developable area of the lot and all applicable development standards have been met. The project is located within a developed area of the La Costa Resort and Spa Master Plan. Existing perimeter walls and existing and proposed landscaping help screen the building and parking areas from El Camino Real. Adequate vehicle circulation has been provided to accommodate safety and truck turning movements. Access to the site will be provided via internal private roads which connect to Arenal Road and El Camino Real. 6. That the street system serving the proposed development or use is adequate to properly handle all traffic generated by the proposed use; in that the proposed use is consistent with the uses analyzed in the circulation analysis prepared for Mitigated Negative Declaration GPA 03-08/ZC 03-04/MP 02-03/MP 149(S)/CT 03-01/PUD 03-06/SUP 03-03/SUP 03-06 – LA COSTA RESORT AND SPA MASTER PLAN; and the existing surrounding public streets, which are fully improved, have adequate capacity to accommodate the 252 Average Daily Trips (ADT) generated by the project. General 7. The City Planner has determined that: a. the project is a project for which a Mitigated Negative Declaration was previously adopted [15162]. b. this project is consistent with the project/plan cited above; c. Mitigated Negative Declaration for GPA 03-08/ZC 03-04/MP 02-03/MP 149(S)/CT 03-01/PUD 03-06/SUP 03-03/SUP 03-06 – LA COSTA RESORT AND SPA MASTER PLAN was adopted in connection with the prior project/ plan; d. the project has no new significant environmental effect not analyzed as significant in the prior Mitigated Negative Declaration; PC RESO NO. 7315 -4- e. none of the circumstances requiring a Subsequent Mitigated Negative Declaration under CEQA Guidelines Sections 15162 or 15163 exist. 8. 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 grading permit or building permit issuance, 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 Minor Master Plan Amendment and Site Development Plan. 2. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Minor Master Plan Amendment and Site Development Plan documents, as necessary to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in 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 shall implement, or cause the implementation of, the LA COSTA RESORT AND SPA MASTER PLAN – GPA 03-08/ZC 03-04/MP 02-03/MP 149(S)/CT 03-01/PUD 03-06/SUP 03-03/SUP 03-06 Project Mitigation Monitoring and Reporting Program. 6. 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 Minor Master Plan Amendment and Site Development Plan, (b) City’s approval or issuance of any permit or action, whether discretionary PC RESO NO. 7315 -5- 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. 7. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Site Plan, 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. 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 6 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 9. 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. 11. 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. 12. 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. 13. Prior to the issuance of any permits for the project, the applicant shall submit to the City Planner a digital copy and a camera-ready master copy of the amended LA COSTA RESORT AND SPA MASTER PLAN, in addition to the required number of bound copies. 14. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 6, 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. PC RESO NO. 7315 -6- 15. All roof appurtenances, 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. 16. Prior to the issuance of the building 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) Minor Master Plan Amendment and Site Development Plan by Resolution No. 7315 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. 17. 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. 18. If Commercial Dwelling Units (CDU’s) are not developed within Planning Areas and/or of the La Costa Resort and Spa Master Plan, and five years have elapsed from the date of approval of this Minor Master Plan Amendment and Site Development Plan, then the existing parking lot in Planning Area 1 and the gravel surface lot in Planning Area 2 shall be fully improved in compliance with all applicable city codes and standards. 19. When and if Planning Areas 1 or 2 of the La Costa Resort and Spa Master Plan are developed with CDU’s, as allowed by the Master Plan, a parking structure shall be constructed within Planning Area 5. The total number of parking spaces will be evaluated in conjunction with a parking assessment at that future time. 20. Within five years of this approval, the La Costa Resort and Spa owner shall either (1) secure all necessary permits for the improvement of the surface parking lot on Planning Area and/or, or; (2) submit, process and attain a complete application for the allowed CDU’s while concurrently processing plans and permit for a parking structures within Planning Area 5 to address proximity parking and adequacy for the ballroom. No extension of the five-year period is allowed unless a major Master Plan Amendment is processes and approved by the City Council, after a recommendation by Planning Commission. 21. A financial guarantee shall be provided to ensure the parking lot improvements required for Planning Area 1 and 2, after the five-year period, in the form of a bond, letter of credit, or other financial instrument to the satisfaction of the city. The financial guarantee shall be released back to the applicant at the time of completion of the Planning Area 1 and/or 2 lot improvements or until the start of construction for the CDU’s on PA 1 and/or 2 as well as the start of construction for the parking structure within Planning Area 5. This financial guarantee shall be provided and satisfied prior to the issuance of building permits for the ballroom expansion within Planning Area 5. PC RESO NO. 7315 -7- 22. Parking surveys and reports shall be generated by the La Costa Resort and Spa for review by staff on an annual basis once the ballroom expansion is in operation. The city may require parking improvements and/or operational changes to address any adverse parking/traffic impacts to adjacent neighborhoods or properties. 23. Outdoor events within Planning Area 5 shall only occur within the approved outdoor event area. Outdoor events are limited to 7 AM – 10 PM Sunday – Thursday and 7 AM – 11PM Friday – Saturday. Music, amplified or otherwise, or other amplified sound shall only be permitted outside of the ballroom between the hours of 10 AM – 10 PM Sunday – Thursday and 10 AM – 11 PM Friday – Saturday. 24. All non-transportation noise generated by the project shall not exceed the standards established in Table 5-3 of the Noise Element of the General Plan as measured at the perimeter boundaries of the La Costa Resort and Spa Master Plan. Engineering: General 25. 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. 26. 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 27. 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. 28. Developer shall cause property owner to execute and submit to the city engineer for recordation the city’s standard form Drainage Hold Harmless Agreement. 29. 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. Grading 30. 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. PC RESO NO. 7315 -8- Storm Water Quality 31. 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. 32. 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 storm 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. 33. 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. 34. 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. Dedications/Improvements 35. Developer shall cause owner to dedicate to CMWD additional water easements as shown on the site plan. The offers shall be made by separate recorded documents. All land so offered shall be free and clear of all liens and encumbrances and without cost to the CMWD. Additional easements may be required at final design to the satisfaction of the District Engineer. 36. Developer shall design all proposed public improvements including but not limited to water services as shown on the site plan. These improvements shall be shown on grading plans processed in conjunction with this project. Developer shall pay plan check and inspection fees using improvement valuations in accordance with the city’s current fee schedule. Developer shall apply for and obtain a right-of-way permit prior to performing work in the public right-of-way. 37. Prior to any work in city right-of-way or public easements, Developer shall apply for and obtain a right-of-way permit to the satisfaction of the city engineer. 38. 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 and larger shall be PC RESO NO. 7315 -9- inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. Utilities 39. 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. 40. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 41. 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 Department for processing and approval by the district engineer. 42. 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. 43. Obtain approval from the Leucadia Wastewater District for the proposed sewer system required to serve this project including but not limited to the sewer laterals and clean-outs shown on the site plan. 44. The developer shall design and construct public potable water, recycled water, and sewer facilities substantially as shown on the site plan to the satisfaction of the district engineer and city engineer. Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 45. Developer shall pay traffic impact impact fees based on Section 18.42 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 tentative map are for planning purposes only. 46. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 47. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 48. 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. 49. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. PC RESO NO. 7315 -10- 50. 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 TO APPLICANT An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission’s decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal prior to any judicial review. 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . PC RESO NO. 7315 -11- PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on November 7, 2018, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: MARTELL MONTGOMERY, Chair CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner BATIQUITOS LAGOON EL CAMINO REALA RENALRD ALMADENLN LACOSTAAVESTRELLADEMARRDMIMO S A D R COLUMBINE DRMANZANITA STC A TALPARD C O STADELMARRDDU RANGOCRHUMMINGBIRDRD PLAZA DE LA COSTAAMEND 2017-0026 / SDP 2017-0011 Omni La Costa Ballroom SITE MAP J SITE E L C AMINO RE A LLA COSTA AV A L G A R DCARLSBAD B L ATTACHMENT 2 ATTACHMENT 3