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HomeMy WebLinkAboutCUP 271; Carlsbad Inn Beach Facility; Conditional Use Permit (CUP) (2)^ City of CARLSBAD Planning Departmel^ A REPORT TO THE PLANNING COMMISSION Conditional Use Permit Extension Item No. (2) Application complete date: July 30, 1997 P.C. AGENDA OF: September 17, 1997 Project Planner: Greg Fisher Project Engineer: Clyde Wickham SUBJECT: CUP 271x2 - CARLSBAD INN BEACH FACILITY- Request for a second extension of CUP 271 to allow the continued operation of Carlsbad Irm's private beach club facility located at the west side of Ocean Street approximately 200 feet south of the Carlsbad Village Drive/Ocean Street intersection in Local Facilities Management Zone 1. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 4168 APPROVING a five year extension of CUP 271x2 based upon the findings and subject to the conditions contained therein. II. INTRODUCTION This proposed five year extension of CUP 271x2 will allow the continued operation, through September 9, 2002, of Carlsbad Irm's private beach club facility located at the west side of Ocean Street approximately 200 feet south of the Carlsbad Village Drive/Ocean Street intersection. III. PROJECT DESCRIPTION AND BACKGROUND On August 14, 1985 the Plaiming Commission approved a conditional use permit allowing a beach club facility across from the Carlsbad Iim Beach Resort along Ocean Street. The Conditional Use Permit was conditioned to expire in five years unless an extension was requested and approved by the Plaiming Commission. On September 19, 1990 a five year extension was approved. Condition No 2 of the approving CUP extension, Resolution No. 3080, specifies that the extension is granted for a period of 5 years but may be extended upon written application of the permittee (Carlsbad Inn Beach Resort). The applicant Carlsbad Inn Beach Resort is requesting a second 5 year extension of CUP 271x2 to allow the continued operation of the private beach club facility at this site. IV. ANALYSIS The Beach Club facility has continued to operate as conditioned for the past five years with no complaints recorded by the Planning Department. Staff concludes that the use continues to be desirable for the development of the community and is not detrimental to surrounding residential uses. The private beach club facility continues to be adequate in shape and size to accommodate CUP 271x2 - CARLSBADTWN BEACH FACILITY SEPTEMBER 17, 1997 PAGE 2 the use. Its location across from the Carlsbad Irm, where the necessary parking and circulation system is provided, continues to adequately serve traffic generated by this use. V. ENVIRONMENTAL REVIEW The Planning Director has determined that this project is exempt from the requirements of the Califomia Environmental Quality Act (CEQA) per Section 15301, Existing Facilities, of the State CEQA Guidelines and will not have any significant adverse impact on the environment. ATTACHMENTS; 1. Planning Commission Resolution No. 4168 2. Location Map 3. Disclosure Statement 4. Plarming Commission Resolution No. 3080 5. Letter from applicant dated November 14, 1996. GF:kr CARLSBAD INN BEACH FACILITY CUP 271x2 Tlie City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Conditional Use Permit Extension Item No. I 3 P.C. AGENDA OF: April 5, 2006 Application complete date: January 24, 2006 Project Planner: Erin Endres Project Engineer: Bob Wojcik SUBJECT: CUP 271x4 - CARLSBAD INN BEACH FACILITY - Request for a 5 'A year retroactive extension of CUP 271x2 and approve CUP271x4 in perpetuity to allow the continued operation of Carlsbad Inn's private beach club facility on the west side of Ocean Street approximately 200 feet south of the intersection of Carlsbad Village Drive and Ocean Street in the Mello 11 Segment of the Local Coastal Program and in Local Facilities Management Zone 1. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6049 APPROVING a 5 Vi year retroactive extension and approving CUP 271x4 in perpetuity based upon the findings and subject to the conditions contained therein. II. INTRODUCTION This proposed retroactive extension of CUP 271x2 will allow the continued operation of Carlsbad Inn's private beach club facility located on the west side of Ocean Street approximately 200 feet south of the Carlsbad Village Drive/Ocean Street intersection in perpetuity. III. PROJECT DESCRIPTION AND BACKGROUND The applicant, Carlsbad Inn, Ltd, is requesting a 5 V2 year retroactive extension and approval of CUP 271x4 to allow the continued use of a beach club facility located on the west side of Ocean Street approximately 200 feet south of the Carlsbad Village Drive/Ocean Street intersection. The facility consists of several outdoor patio tables and a small beach equipment storage building for the primary use of the Carlsbad Inn's guests. On September 17, 1997 the Plarming Commission approved CUP 271x2 to allow the continued use of the private beach club facility at this site. Condition No 3 of the approving CUP Resolution No. 4168 specifies that CUP 271x2 is granted for a period of 5 years but may be extended upon written application of the permittee (Carlsbad Inn Beach Resort). The applicant applied in a timely manner on July 13, 2000 for CUP 271x3; however, the application was never processed due to a staff enor. The applicant then applied on January 19, 2006 for the proposed CUP 271x4. CUP 271x4 - CARLSBAD INN BEACH FACILITY April 5, 2006 Page 2 IV. ANALYSIS A. The Beach Club facility continues to be consistent with all applicable plans, policies and regulations described below: 1. Carlsbad General Plan; 2. Title 21 of the Carlsbad Municipal Code; 3. Local Coastal Plan Mello II Segment; and 4. Local Facilities Management Plan for Zone 1. B. The adopted project findings for CUP 271x2, which is contained in Planning Commission Resolution No. 4168 still apply to this project (CUP 271x4). C. The adopted project conditions for CUP 271x2, which are contained in Plarming Commission Resolution No. 4168 still apply to this project (CUP 271x4) with the exception of Condition No. 3 which is amended by Condition No. 4 in Planning Commission Resolution No. 6049 to retroactively extend CUP 271x2 for approval with no expiration date. D. No formal written complaints regarding CUP 271x2 have been submitted to the City. In 1990, two written complaints were filed conceming noise. Upon further review, the police department could not pinpoint which, if any, complaints on Ocean Street involved the Carlsbad Iim Beach facility. E. Annual reviews have not been conducted since the expiration of CUP 271x2 on September 9, 2002. At the time the project was in compliance with all conditions of approval. V. ENVIRONMENTAL REVIEW The Plarming Director has determined that this project is exempt from the requirements of the Califomia Environmental Quality Act (CEQA) per Section 15301, Existing Facilities, of the State CEQA Guidelines and will not have any adverse significant impact on the enviroimaent. ATTACHMENTS: 1. Planning Commission Resolution No. 6049 (CUP 271x4) 2. Planning Commission Resolution No. 4168, dated September 17,1997 (CUP 271x2) 3. Planning Commission Resolufion No. 3080, dated September 19, 1990 (CUP 271x1) 4. Planning Commission Resolution No. 2469, dated August 14, 1985 (CUP 271) 5. Location Map 6. Disclosure Statement 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 PLANNING COMMISSION RESOLUTION NO. 4168 A RESOLUTION OF THE PLANNING C0J4MISSI0N OF THE CITY OF CARLSBAD, CALIFORNL\, APPROVING A FIVE YEAR EXTENSION OF A CONDITIONAL USE PERMIT ALLOWING A PRIVATE BEACH CLUB FACILITY ON THE PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF OCEAN STREET APPROXIMATELY 200 FEET SOUTH OF CARLSBAD VILLAGE DRVIE/OCEAN STREET INTERSECTION IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: CARLSBAD INN BEACH FACILITY CASE NO.: CUP 271x2 WHEREAS, Carlsbad Inn, Limited, "Developer", has filed a verified application with the City of Carlsbad regarding property owned by Carlsbad Inn, Limited, "Owner", described as A Portion of unnumbered block in the town of Carlsbad, in the City of Carlsbad, County of San Diego, State of Califomia, according to the Map thereof number 535, filed in the office of the County Recorder of San Diego County, and the portion of Ocean Street as shown on said Map, closed to public use. ("the Property"); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit Extension as shown on Exhibit(s) "A" - "D" dated March 13, 1985, on file in the Carlsbad Planning Department, as provided by the conditions of approval of CUP 271 and Chapter 21.42.020 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 17th day of September 1997, 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 CUP 271x2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1{ 19 20 21 22 23 24 25 26 27 28 WHEREAS, on August 14,1985, the Planning Commission approved CUP 271, as described and conditioned in Planning Commission Resolution No. 2469; and WHEREAS, on September 19, 1990, the Planning Commission approved CUP 271x1, as described and conditioned in Planning Commission Resolution No. 3080. 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 con ect. B) That based on the evidence presented at the public hearing, the Planning Commission APPROVES Conditional Use Permit Extension CUP 271x2, based on the following findings and subject to the following conditions: Findings: 1. That the requested use is still necessary or desirable for the development of the community, is essentially in harmony with the various elements and objectives of the General Plan, and is not detrimental to existing uses specifically permitted in the zone in which the proposed use is located, in that the Carlsbad Inn Beach Facility promotes usage and enjoyment of the beach area and that the facility is compatible with the surrounding uses and residential properties. 2. That the site for the intended use is still adequate in size and shape to accommodate the use, in that the entire Beach Club Facility and related structures fit within the existing site without any encroachment into the adjacent properties or public beach access. 3. That all the yards, setbacks, walls, fences, landscapimg, and other features necessary to adjust the requested use to existing or permitted firuire uses in the neighborhood are provided and are still maintained, in that the Beach Club Facility and concrete staircase providing access is adequately maintained for the public safety and the patrons who utilize it. 4. That the street system serving the proposed use is still adequate to properly handle all traffic generated by the proposed use, in that Ocean Street, a local street, has not been significantly impacted due to any increase in traffic volume and that the parking for the facility is adequately served by the adjacent Carlsbad Inn. PC RESO NO. 4168 -2- 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 Conditions; Planning Commission does hereby Approve the Conditional Use Permit Extension for the project entitied Carlsbad Inn Beach Facility (Exhibit(s) "A" - "D" dated March 13, 1985, on file in the Planning Department and incorporated by this reference, subject to the conditions herein set forth.) Staff is authorized and directed to make, or requu-e Developer to make, all corrections and modifications to the Conditional Use Permit document(s), 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 substantially different fi'om this approval, shall require an amendment to this approval. All conditions of approval imposed upon CUP 271x1 as stated in Planning Commission Resolution 3080 shall apply as conditions of approval for CUP 271x2 except as expressly modified. Condition No. 28 of CUP 271x1 shall be replaced with Condition No. 3 below. This conditional use permit is extended for a period of five (5) years beginning on September 19,1995, and expiring on September 19,2000, unless subsequent extensions are approved. This conditional use permit shall be reviewed by the Planning Director on a yearly basis to determine if all conditions of this permit have been met and that the use does not have a significant detrimental impact on surrounding properties or the pubhc health and welfare. If the Planning Director determines that the use has such significant adverse impacts, the Planning Director shall recommend that the Planning Commission, after providing the permittee the opportunity to be heard, add additional conditions to mitigate the significant adverse impacts. This permit may be revoked at any time after a public hearing, if it is found that the use has a significant detrimental affect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. This permit may be extended for a reasonable period of time not to exceed five (5) years, upon written application of the permittee made no less than 90 days prior to the expiration date. In granting such extension, the Plaiming Commission shall find that no substantial adverse affect on surrounding land uses or the public's health and welfare will result because of the continuation of the permitted use. If a substantial adverse affect on surrounding land uses or the public's health and welfere is found, the extension shall be considered as an original application for a conditional use permit. There is no limit to the number of extensions the Planning Commission may grant. The project shall provide signage to the satisfaction of the Planning Director. Signage shall be located at the top and bottom of the stairway providing notification that the stairway is public access. Hours of operation for the beach club facility will be no earlier than 9:00 a.m. and no later than 9:00 p.m. The beach facility decks shall be locked to prevent access between the hours of 9:00 p.m. and 9:00 a.m. and shall be patrolled at night by the Carlsbad Inn guard. PC RESO NO. 4168 -3- 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 of the Planning Commission of the City of Carlsbad, Califomia, held on the 17th day of September 1997, by the following vote, to wit: AYES: Chairperson Nielsen, Commissioners Heineman, Monroy, Noble, Savary and Welshons NOES: None ABSENT: Commissioner Compas ABSTAIN: None ROBERT NIELSEN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL JTHOLZ: Planning Director LER PC RESO NO. 4168 PLANNING COMMISSION RESOLUTION NO. 3080 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, 2 CALIFORNIA, APPROVING A FIVE YEAR EXTENSION OF A CONDITIONAL USE PERMIT ALLOWING A PRIVATE BEACH CLUB FACILITY LOCATED ON THE WEST 3 SIDE OF OCEAN STREET APPROXIMATELY 200 FEET SOUTH OF THE ELM AVENUE/OCEAN STREET INTERSECTION. 4 CASE NAME: CARLSBAD INN BEACH CASE NO: CUP 271x1 5 g WHEREAS, a verified application has been filed with the City of Carlsbad and referred to ijf the Planning Commission; and Q WHEREAS, said verified application constitutes a request as provided by Tide 21 of the 9 Carlsbad Municipal Code; and 10 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Conunission 11 did, on the 15th day of August, 1990, and on the 19th day of September, 1990, hold a duly •^'^ noticed hearing to consider said application on property descnbed as: 13 A portion of imnumbered block in the town of Carlsbad, in the City of Carlsbad, -j^^ County of San Diego, State of Califomia, according to the Map thereof number 535, filed in the office of the County Recorder of San Diego Coimty, and the 25 portion of Ocean Street as shown on said Map, closed to public use. 16 WHEREAS, at said hearing, upon hearing and considering all testimony and arguments, 17 if any, of all persons desiring to be heard, said Commission considered all factors relating to CUP 18 271x1. 1^ NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of tiie City 20 of Carlsbad as follows: 21 A) That the foregoing recitations are trae and correct. 22 B) That based on the evidence presented at the hearing, the Commission APPROVES CUP 23 271x1, based on the foUowing findings and subject to the following conditions: 24 Finding: 25 1. That the requested use is necessary or desirable for the development of the community, is essentially in harmony witii the various elements and objectives of the general plan, and is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located; 28 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 2. That the site for the intended use continues to be adequate in size and shape to accommodate the use; 3. That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained; 4. That the street system serving the proposed use continues to be adequate to properly handle all traffic generated by the proposed use. Conditions: 1. All conditions of approval imposed upon CUP 271 as stated in Planning Commission Resolution 2469 shall apply as conditions of approval for CUP 271x1 except as e^iessly modified. Condition No. 8 of CUP 271 shall be replaced with Condition Nos. 2 and 4 below. 2. This conditional use permit is extended for a period of five (5) years beginning on September 19,1990 and expiring on September 19,1995 unless subsequent extensions are approved. This conditional use permit shall be reviewed by the Planning Director on a yearly basis to determine if all conditions of this permit have been met and that the use does not have a significant detrimental impact on surroimding properties or the public health and welfare. If the Planning Director determines that the use has such significant adverse impacts, the Planning Director shall recommend that the Planning Commission, after providing the permittee the opportunity to be heard, add additional conditions to mitigate the significant adverse impacts. This permit may be revoked at any time after a public hearing, if it is found that the use has a significant detrimental .affect on surroimding land uses and tiie public's health and welfare, or the conditions imposed herein have not been met This permit may be extended for a reasonable period of time not to exceed five (5) years, upon vnitten application of the permittee made no less than 90 days prior to the e:q>iration date. In granting such extension, the Planning Commission shall find that no substantial adverse affect on surrounding land uses or the public's health and welfare will result because of the continuation of the permitted use. If a substantial adverse affect on surrounding land uses or the public's health and welfare is found, the extension shall be considered as an original application for a conditional use permit There is no limit to the number of extensions the Plaiming Commission may grant 3. The ptoject shall piovide signage to the satisfaction of the Planning DiFector. Signage shaU be located at the top and bottom of the stairway providing notification tiiat the stairway is public access. 4. Hours of operation for the beach club fedlity will be no earlier than 9:00 ajn. and no later than. 9:00 p jn. llie beach {adlity decks shall be locked to pievent access between the hours of 9:00 p jn. and 9:00 a jn. and shall be patrolled at night by the Caiisbad Inn guard. PC RESO NO. 3080 -2- 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 of the Planning Commission of the City of Carlsbad, Califomia, held on the 19th day of September, 1990, by the following vote, to wit: AYES: Chairperson Schramm, Commissioneis: Schlehuber, Hohnes, Erwin, Marcus and HalL NOES: None. ABSENT: Commissioner McFadderu ABSTAIN: None. ATTEST: MICHAEL J. HOLZMKER PLANNING DIRECTOR PC RESO NO. 3080 SHARON SCHRAMM, Chairperson CARLSBAD PLANNING COMMISSION -3- 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 PLANNING COMMISSION RESOLUTION NO. 2469 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A BEACH CLUB FACILITY WHICH INCLUDES DECKING AND BEACH EQUIPMENT STORAGE ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF OCEAN STREET, APPROXIMATELY 200 FEET SOUTH OF THE ELM AVENUE/OCEAN STREET INTERSECTION. APPLICANT: CARLSBAD INN BEACH CLUB CASE NO; CUP-271 WHEREAS, a verified application has been filed with the City of Carlsbad and referred to the Planning Coiranission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on the 14th day of August, 1985, hold a duly noticed public hearing to consider said application on property described as: A portion of unnumbered Block in the town of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof number 535, filed in the office of the County Recorder of San Diego, County, and the portion of Ocean Street as shown on said Map, closed to public use, WHEREAS, at said 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 CUP-271. 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) That based on the evidence presented at the public hearing, the Coiranission APPROVES CUP-271, based on the following findings and conditions: //// Findings; 1) The requested use would enhance the appearance and safety of the project site and could also likely reduce the potential congestion impact that the 198-room Carlsbad Inn would have on the adjacent beach. 2) The proposed use has been designed with adequate buffers to ensure compatibility with adjacent residential properties. ) This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Land Use Planning Manager on July 18, 1985 and approved by the Planning Commission on August 14, 1985. Conditions: 1) Approval is granted for CUP-271, as shown on Exhibits "A" and "B", dated March 13, 1985, incorporated by reference and on file in the Land Use Planning Office. Development shall occur substantially as shown unless otherwise noted in these conditions. 2) The applicant shall eliminate the two parking spaces located at the front of the property along Ocean Street. The applicant shall prepare a detailed landscape and irrigation plan for this portion of the property per the City Landscape Design Guidelines Manual. This landscape plan shall be submitted to and approved by the Land Use Planning Manager prior to building permits. No food or beverages shall be sold or provided onsite. Beach equipment and decking will be for the sole use of Carlsbad Inn tenants. No equipment shall be rented or no commercial use shall take place onsite. The stairway access to the beach shall be open to the general public and maintained in good condition by the property owner. Hours of operation for the beach club facility will be no earlier than 9:00 a.m. and no later than 9:00 p.m. daily. All beach equipment shall be stored indoors. The deck shall be closed and locked to prevent access between 9;00 P.M. and 7:00 A.M. \/// III III C RESO NO. 2469 -2- 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 8) This conditional use permit is granted for a period of five years. This conditional use permit shall be reviewed by the Land Use Planning Manager on a yearly basis to determine if all conditions of this permit have been met and that the use does not have a significant detrimental impact on surround- ing properties or the public health and welfare. If the Land Use Planning Manager determines that the use has such significant adverse impacts, the manager shall recommend that the Planning Commission, after providing the permittee the opportunity to be heard, add additional conditions to mitigate the significant adverse impacts. This permit may be revoked at any time after a public hearing, if it is found that the use has a significant detrimental affect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. This permit may be extended for a reasonable period of time not to exceed five years upon written application of the permittee made not less than 90 days prior to the expiration date. In granting such extension, the Planning Commission shall find that no substantial adverse affect on surrounding land uses or the public's health and welfare will result because of the continuation of the permitted use. If a substantial adverse affect on surrounding land uses or the public's health and welfare is found, the extension shall be considered as an original application for a conditional use permit. There is no limit to the niunber of extensions the Planning Commission may grant. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 14th day of August, 1985, by the following vote, to wit: AYES: NOES: Chairman Schlehuber, Commissioners: Marcus, McFadden, Smith, Rombotis & Hall. None. ABSENT: None. ABSTAIN: L'Heureux. CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION ATTEST! MICHAEL J."HOLZMILLER LAND USE PLANNING MANAGER PC RESO NO. 2469 -3- NOT TO SCALE SITE MAP Carlsbad Inn Beach Facility CUP 271x4 City of Carlsbad Planning Department DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project caimot be reviewed until this information is completed. Please print. Note; Persoo is ddSaeA as "Any individua],, &(B, corpartnexslup, joint veatu^ assooiatoi, soci^-cli% fiatraad organizati&B, da>^0ratBp, estate, tmst, refieivei^ ^^dicate. ia fim and an^r other caun^r<^'^dHcdus^^eify munidpali^, disteict or ether polilical subdiyMoai^ any oflier groitp or coB|bina6bii kcSog as a uiiitzf' Ag^ts ma^ tbss document; howevec, ffae iume and entity of the tej^^cgist and.{irQpei^~o^i»*nmst be provide^ I3ei0#. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include th&' names, title, addresses of all individuals owning more than 10% of the shares.-IF-NO INDIVIDUALS OWN MORE TTIAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Corp/Part. Title Title Address Address /^H^ L7ti-l(IV0 0^ U^^^^ ^ CA ^7^1 <^ vet 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the. property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO MIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Corp/Part. Title Title Address Address 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • f7601 602-4.Rnn • FAV ^7Rm esno DCCO NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the, Non Profit/Trust - Non Profit/Trust Title Address Title . Address Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? • Yes A No If yes, please indicate person(s) : NOTE: Attach additional sheets if necessary. certify that all the aboy^/nformation is true and correctto the best of my Print or type name of bwner ^ Print or ty'pe name'of applicant^ /ju^^ /^/?^/(.f^.G<f> Signature of owner/applicant's agent if apphcable/date M'yNoi - /-j^y^lt^ Fh^Hf^a Aroc.-^ Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 Carlsbad Inn, Ltd. Winners Circle Resorts Intemational 1442 Camino Del Mar #215 Del Mar, CA 92014 Winners Circle Resorts Intemational, Inc. 1442 Camino Del Mar #215 Del Mar, CA 92014 Watkins Family Tmst P.O. Box 99 Del Mar, CA 92014 Del Mar Inn Associates 720 Camino Del Mar Del Mar, CA 92014 James D. Kuzman P.O. Box 675605 Rancho Santa Fe, CA 92067-5605 ity of C%rlsbad DISCLOSURE STATEMENT APPUCANTS STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPUCATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL, OR ANY APPOINTED BOARD, COMMISSION OR COMMITTEE. (Please Print) The following information must be disclosed: 1. Applicant List the names and addresses of ail persons leaving a financial interest in the application. S-rIELL/^'7INiMERS CIRCL:^ RESORTS INT ' L. 2110 S. Hill Street, Suite H, Oceanside, CA 9205't JAMES M. WATKINS ^'^'^2 Camino del Mar, Suite 217, Del Mar, CA 92014 WINNERS CIRCLE RESORTS IMT'L., INC. 2110 S. Hill Street, Suite H, Oceanside, CA 92054 2. Owner Ust the names and addresses of ail persons having any ownership interest in the property involved. CARLSBAD INN LTD 2110 S. Hill Street, Suite H, Oceanside, CA 92054 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names anc addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. SHELL/WINNERS CIRCLE - 30% 2110 S. Hill Street, Suite H, Oceanside, CA 92054 4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names anc addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust. (Over) Disclosure Statement Page 2 Have you had more than $250 worth of business transacted with any member of City staff, Board; Commissions, Committees and Council within the past twelve months? Yes No JL ^ yes. please indicate person(s) Person is defined as: 'Any individuai, firm, copartnership, joint verrture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city municipality, district or other politicai subdivision, or any other group or combination acting as a unit.' (NOTE: Attach additional pages as necessary.) Signature of GfWner/date Timothy J. Stripe Timothy J. Stripe Print or type name of owner Print or type name of applicant STAFF REPORT FROM: SUBJECT: I. ® DATE: SEPTEMBER 19, 1990 TO: PLANNING COMMISSION PLANNING DEPARTMENT CUP 271x1 - CARLSBAD INN BEACH FAQLITY - Request for an extension of CUP 271 allowing a private beach club facility located along the west side of Ocean Street approximately 200 feet south of the Carlsbad Village Drive/Ocean Street intersection. RECOMMENDATION That the Plarming Commission ADOPT Planning Commission Resolution No. 3080 APPROVING a five year extension of CUP 271 based on the findings and subject to the conditions contained therein. II. DISCUSSION This item was originally heard at the meeting of August 15,1990. At that meeting the Commission heard the staff presentation and took testimony from interested parties; included among those offering testimony were the manager of the Carlsbad Irm and a neighbor of the facOity in question. Based on the testimony (see minutes of the August 15, 1990, attached), the Commission voted to continue the matter for one month for further study. ATTACHMENTS 1. 2. 3. BH:ms Plarming Commission Resolution No. 3080 Staff Report dated August 15, 1990, with attachments Minutes dated August 15, 1990. STAFF REPORT DATE: AUGUST 15, 1990 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: CUP 271x1 - CARLSBAD INN BEACH FACILITY - Request for an extension of CUP 271 allowing a private beach club faciUty located along the west side of Ocean Street approximately 200 feet south of the Elm Avenue/Ocean Street intersection. I. RECOMMENDATION That the Planning Commission AE)OPT Plarmmg Commission Resolution No. 3080 APPROVING a five year extension of CUP 271 based on the findings and subject to the conditions contained therein. IL PROJECT DESCRIPTION AND BACKGROUND On August 14,1985, the Planning Conmussion approved a conditional use permit allowing a beach club facUity across from the Carlsbad Irm along Ocean Street. The Conditional Use Permit was conditioned to expire in five years unless an extension was requested and approved by the Planning Conunission. The apphcant has requested an extension of the conditional use permit for the maximum permitted time. III. ANALYSIS The Beach Club facihty has continued to operate as conditioned for the past five years with no complaints recorded by the Plarming Department. Staff concludes that the use continues to be desirable for the development of the community and is not detrimental to surrounding residential uses. The private beach club facility continues to be adequate in shape and size to accommodate the use. Its location across from the Carlsbad Iim where the necessary paridng and circulation system is provided continues to adequately serve traffic generated by this use. Condition No. 8 of Resolution 2469 approving CUP 271 states that the Planning Commission may grant extensions not to exceed five years. Staff is therefore recommending that the Plarming Commission extend CUP 271 for five years through August 14, 1995. IV. ENVIRONMENTAL REVIEW The Plarming Director has detennined that the envirorunental impacts of the project have aheady been considered in the original issuance of a Negative Declaration dated July 18, 1985. CUP 271x1 - CARLSBAD ^BfcEACH FACILITY 0 AUGUST 15, 1990 PAGE 2 ATTACHMENTS 1. Planning Commission Resolution No. 3080 2. Location Map 3. Disclosure Statement 4. Staff Reports dated August 28, 1985 & August 14, 1985 5. Plarming Conunission Resolution No. 2469 6. Letter dated July 25, 1990 July 18, 1990 AH:rvo CARLSBAD INN BEACH CLUB \ CUP 271x1 gitv of C^lsbad DISCLOSURE STATEMENT APPUCANTS STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPUCATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL, OR ANY APPOINTED BOARD, COMMISSION OR COMMITTEE. (Please Print) The following information must be disclosed: 1. Applicant Ust the names and addresses of all persons having a financial interest in the application. SHELL/WINNERS CIRCLE RESORTS INT'L. JAMES :i. WATKINS VJINNERS CIRCLE RESORTS INT'L., INC. 2110 S. Hill Street, Suite H, Oceanside, CA 9205if ^'^'^2 Camino del Mar, Suite 217, Del Mar, CA 92014 2110 S. Hill Street, Suite H, Oceanside, CA 92054 Owner List the names and addresses of all persons having any ownership interest in the property involved. CARLSBAD INN LTD 2110 S. Hill Street, Suite H, Oceanside, CA 92054 If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. SHELL/WINNERS CIRCLE - 30% 2110 S. Hill Street, Suite H, Oceanside, CA 92054 If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust __ (Over) Disclosure Statement Page 2 Have you had more than $250 worth of business transacted with any member of City staff, Boards Commissions, Committees and Council within the past twelve months? Yes No X tf yes, please indicate person(s) Person is defined as: 'Any individual, firm, copartnership, joint venture, association, social club, fraternaJ organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city municipality, district or other political sutxjivision, or any other group or combination acting as a unit." (NOTE: Attach additional pages as necessary.) Signature of yWner/date Timothy J. Stripe Print or type name of owner Timothy J. Stripe Print or type name of applicant •>.LlJ, MEMORANDUM DATE: AUGUST 28, 1985 TO: PLANNING COMMISSION FROM: LAND USE PLANNING OFFICE SUBJECT: ZC-327-CUP-271 - CARLSBAD INN BEACH CLUB - Request for approval of a zone change and conditional use permit to allow a beach'club facility, located along the west side of Ocean Street, approximately 200 feet south of the Elm Avenue/Ocean Street intersection. On August 14, 1985, the Planning Commission recommended approval of this request, and directed staff to return with documents of approval. In recommending approval, the Planning Commission also concluded that the proposed project should be conditioned to exclude the two parking spaces proposed along the front of this property and that this area should be landscaped. In accordance, staff has prepared resolutions and conditions of approval for this request. ATTACHMENTS 1. Planning Commission Resolution No. 2468 and 2469. 2. Staff Report dated August 14, 1985. CDD:ad ( ) 4 APPLICATION SUBMITTAL DATE: ^jf MARCH 12 STAFF pi^PORT DATE: AUGUST 14, 19 8 5 TO: PLANNING COMMISSION FROM: LAND USE PLANNING OFFICE SUBJECT: ZC-327/CUP-271 - CARLSBAD INN REACH CLUB - Reouest for approval of a zone change and conditional use permit to allow a beach' club facility, located along the west side of Ocean Street, approxim.ately 200 feet south of the Elm Avenue/Ocean Street intersection. I. RECOMMENDATION It is recommended that the Planning Commission APPROVE the Negative Declaration issued by the Land Use Planning Manager and ADOPT Resolution Nos. 2468 and 2469 DENYING ZC-327/CUP-27i based on the findings contained therein. II. PROJECT DESCRIPTION The applicant is requesting approval of a zone change from R-3, Multiple-Family Residential, to 0-S, Open Space and a conditional use permit to allow a beach club facility on a 2,244 square foot /" site located as described above. The project is proposed as a private facility as part of the Carlsbad Inn Beach and Tennis Resort and has been designed to accommodate the owners and guests use of the beach during their stay. As shown in Exhibit "A", the proposed project would consist of 960 square feet of beachfront wood decking for sunning and passive recreation, 2420 cubic feet of enclosed space for storage of recreation equipment, landscaping and two parking spaces. The proposed project would also include design treatments featuring, an entry gate with carriage lights, balustrade railings, vine covered trellises, and french window panes. The facility would be staffed by an attendant to verify the room status of guests, handle disbursement, collection and maintenance of beach recreation equipment and will be responsible for maintenance of the beach club. Two to three electronic video surveillance cameras and an intercom, monitored at the Carlsbad Inn hotel desk 24 hours per day, are also planned for security purposes. As part of the proposed project, the applicant is willing to dedicate an easement for public access along the existing stairway located along the northern side of this property. J As discussed above, the project site is currently developed with a beach stairway access along its northern side. This accessway is used regularly by the public for beach access, however, it is currently not dedicated for such public use. The remainder of the property is sparsely vegetated with ice plant and other limited vegetation. Overall, the site is in a relatively unm.aintained state. The properties to the north and south of the site are developed with multi-family residential dwelling (rental) units. Both adjacent residential properties include patio decking along the beachfront. The property to the east, across Ocean Street is' in the process of being developed with the Carlsbad Inn Beach and Tennis Resort. Ill. ANALYSIS Planning Issues - Zone Change 1) Is the proposed 0-S zone consistent with the RH General Plan designation? 2) Will the proposed land use be compatible with surrounding land uses? DISCUSSION The proposed 0-S, Open Space zone is not an implementing zone for the RH, Residential High, 20-30 du/ac land use designation and jr' is, therefore, inconsistent. If Open Space is determined to be an appropriate zone for this property, the general plan should be changed to O-S. This shouid occur before the adoption of an 0-S zone. Compatibility of land use is also an issue with regard to the proposed project. The subject property is presently undeveloped (excluding the existing stairway), and implementation of the proposed project will intensify the use within this area. The proposed beach club facility is designed to attract hotel guests desirous of recreating on the deck areas of the beach club facility, thereby intensifying the use of the site. This intensification of use would result in an increase in noise and nuisances, which could lead to compatibility problems with adjacent residential properties. Residents and property owners within the vicinity of the subject property have already expressed opposition to the public's use of the existing onsite stairway access to the beach. The surrounding residents have posted a sign prohibiting public access along this stairway. It is staff's opinion that any further intensification of use on c this property would only serve to exacerbate an already existing*' nuisance problem. -2- In accordance with this concern, staff asked if the applicant had contacted surrounding property owners. The applicant contends that discussions with adjacent property owners have taken place and that most issues of concern have been resolved through design. However, the applicant has been unable to provide letters of support from adjacent property owners as requested by staff. Although the design of the project will likely enhance the appearance and safety of the project site, and could also reduce the potential congest/ion impact that the 198-room Carlsbad Inn could create on the adjacent beach, staff feels that compatibility problems with adjacent residential properties have not been resolved through project design and will exist with implementation of the proposed project. Further, staff feels that this project would be an extension of a commercial use (hotel) into a residential area. Staff also feels that the site is too small to accommodate some of the recreational uses permitted in the 0-S zone. The site is only 2244 square feet in size and would split an existing R-3 area in two parts. Staff feels there is not adequate room on the site to buffer potential recreational uses from neighboring properties. Planning Issues - Conditional Use Permit / 1) Can the required findings for approval of a conditional use permit be made? Specifically: a) That the requested use is necessary or desirable for the development of the community, is essentially in harmony with the various elements and objectives of the general plan, and is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located. b) That the site for the intended use is adequate in size and shape to accommodate the use. c) That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained. d) That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. -3- DISCUSSION As discussed earlier in this report, implementation of the proposed use would enhance the appearance and safety of the project site and could also likely reduce the potential congestion impact that the 198-room Carlsbad Inn would have on the adjacent beach. However, staff has concerns that the project as proposed, would also intensify the use of the subject property, thereby creating potential noise and/or nuisance problems for adjacent residential properties. Staff acknowledges that the proposed beach club facility would- provide an attractive and inviting outdoor recreation alternative for owners and guests of the Carlsbad Inn. However, the proposed beach club cannot be regarded as a use necessary or desirable for the development of the community since it is proposed strictly as a private use facility. Nor can the proposed beach club at this location be regarded as compatible with adjacent uses in view of the potential noise and nuisance impacts that this facility could create for neighboring residential properties. It is staff's opinion that implementation of this proposed project could be detrimental to existing adjacent residential uses from the potential noise and nuisance impacts associated with hotel guests congregating at the proposed facility. In summary, staff believes that the proposed zone is not compatible with the existing R-3 zone located on both sides of the subject property. In addition, staff feels that the purpose of a conditional use permit is to ensure that uses not permitted by right in a particular zone are compatible with surrounding land use. As proposed, the beach club facility is not regarded as being compatible with adjacent residential uses. Therefore, staff is recommending denial of ZC-327 and CUP-271. IV. ENVIRONMENTAL REVIEW The Land Use Planning Manager has determined that this project will not have a significant impact on the environment and, therefore, has issued a Negative Declaration on July 2, 1985. ATTACHMENTS 1. Planning Commission Resolution Nos. 2468 and 2469 2. Location Map 3. Background Data Sheet 4. Environmental Documents 5. Disclosure Form ^ 6. Exhibits "A" - "D", dated March 13, 1985 CDD:ad 7/18/85 Carlsbad hVt^ BEACH & TENNIS RESORT 25 July 1990 City of Carlsbad Planning Department 2 075 Las Palmas Drive Carlsbad, CA 92009-4859 To Whom It May Concern: By way of this letter I am requesting an extension of the Carlsbad Inn Beach Club CUP permit (#271X1). I would additionally request that the new permit be extended for the longest possible time period. Thank you for your consideration. pe / Chief Financ^i^l Officer and vice President RCC/rfn 3075 Carlsbad Boulevard • Carlsbad, California 92008 (619) 434-7020 STAFF REPORT DATE: AUGUST 15, 1990 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: CUP 271x1 - CARLSBAD INN BEACH FAOLnY - Request for an extension of CUP 271 allowing a private beach club facility located along the west side of Ocean Street approximately 200 feet south of the Ebn Avenue/Ocean Street intersection. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 3080 APPROVING a five year extension of CUP 271 based on the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND On August 14,1985, the Plarming Commission approved a conditional use permit allowing a beach club facility across from the Carlsbad Inn along Ocean Street. The Conditional Use Permit was conditioned to expire in five years unless an extension was requested and approved by the Planning Commission. The applicant has requested an extension of the conditional use pennit for the maximum permitted time. III. ANALYSIS The Beach Club facility has continued to operate as conditioned for the past five years with no complaints recorded by the Planning Department. Staff concludes that the use continues to be desirable for the development of the community and is not detrimental to surrounding residential uses. The private beach club facility continues to be adequate in shape and size to accommodate the use. Its location across from the Carlsbad Inn where the necessary parking and circulation system is provided continues to adequately serve traffic generated by this use. Condition No. 8 of Resolution 2469 approving CUP 271 states that the Plarming Corrunission may grjmt extensions not to exceed five years. Staff is therefore recommending that the Plarming Commission extend CUP 271 for five years through August 14, 1995. IV. ENVIRONMENTAL REVIEW The Plarming Director has determined that the envirorunental impacts of the project have already been considered in the original issuance of a Negative Declaration dated July 18, 1985. CUP 271x1 - CARLSBAD ..,N BEACH FACILITY AUGUST 15, 1990 PAGE 2 • ATTACHMENTS 1. Plarming Commission Resolution No. 3080 2. Location Map 3. Disclosure Statement 4. Staff Reports dated August 28, 1985 8t August 14, 1985 5. Plarming Commission Resolution No. 2469 6. Letter dated July 25, 1990 July 18, 1990 AH:rvo Citv of Carlsbad Planning Departnnent July 25, 1990 Carlsbad Inn, Limited P.O. Box 4068 Carlsbad, CA 92008 SUBJECT: CUP 271x1 > CARLSBAD INN BEACH Preliminary Staff Report The preliminary staff report for the above referenced project will be available for you to pick up on Friday, July 27, 1990, after 8 a.m. This preliminary report will be discussed by staff at the Development Coordinating Committee (D.C.C.) meeting which will be held on Monday, August 6, 1990. A twenty (20) minute appointment has been set aside for you at 9:20 a.m. If you have any questions concerning your project, you should attend the D.C.C. meeting. It is necessary that you bring your required unmounted colored exhibit(s) with you to this meeting in order for your project to go forward to the Planning Commission. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) here by the scheduled time above. If you need additional information concerning this matter, please contact the Planning Department at 438-1161. GARY'E. WAYNE Assistant Planning Director GEW:AH/lh 2075 Las Palmas Drive Carlsbad, California 92009-4859 (619) 438-1161 MEMORANDUM (4) DATE: AUGUST 28, 1985 TO: PLANNING COMMISSION FROM: LAND USE PLANNING OFFICE SUBJECT: ZC-327-CUP-271 - CARLSBAD INN BEACH CLUB - Request for approval of a zone change and conditional use permit to allow a beach club facility, located along the west side of Ocean Street, approximately 200 feet south of the Elm Avenue/Ocean Street intersection. On August 14, 1985, the Planning Commission recommended approval of this request, and directed staff to return with documents of approval. In recommending approval, the Planning Commission also concluded that the proposed project should be conditioned to exclude the two parking spaces proposed along the front of this property and that this area should be landscaped. In accordance, staff has prepared resolutions and conditions of approval for this request. ATTACHMENTS 1. Planning Commission Resolution No. 2468 and 2469. 2. Staff Report dated August 14, 1985. CDD:ad APPLICATION SUBMITTAL DATE: rf MAIOI 12, J|^5_2~ STAFF pr^PORT DATE: AUGUST 14, 19 8 5 TO: PLANNING COMMISSION FROM: LAND USE PLANNING OFFICE SUBJECT: ZC-327/CUP-271 - CARLSBAD INN BEACH CLUB - Recuest for approval of a zone change and conditional use permit to allow a beach club facility, located along the west side of Ocean Street, approximately 200 feet south of the Elm Avenue/Ocean Street intersection. I. RECOMMENDATION It is recommended that the Planning Commission APPROVE the Negative Declaration issued by the Land Use Planning Manager and ADOPT Resolution Nos. 2468 and 2469 DENYING ZC-327/CUP-27i based on the findings contained therein. II. PROJECT DESCRIPTION The applicant is requesting approval of a zone change from R-3, Multiple-Family Residential, to 0-S, Open Space and a conditional use permit to allow a beach club facility on a 2,244 square foot site located as described above. The project is proposed as a private facility as part of the Carlsbad Inn Beach and Tennis Resort and has been designed to accommodate the owners and guests use of the beach during their stay. As shown in Exhibit "A", the proposed project would consist of 9 60 square feet of beachfront wood decking for sunning and passive recreation, 2420 cubic feet of enclosed space for storage of recreation equipment, landscaping and two parking spaces. The proposed project would also include design treatments featuring, an entry gate with carriage lights, balustrade railings, vine covered trellises, and french window panes. The facility would be staffed by an attendant to verify the room status of guests, handle disbursement, collection and maintenance of beach recreation equipm.ent and will be responsible for m.aintenance of the beach club. Two to three electronic video surveillance cameras and an intercom, monitored at the Carlsbad Inn hotel desk 24 hours per day, are also planned for security purposes. As part of the proposed project, the applicant is willing to dedicate an easement for public access along the existing stairway located along the northern side of this property. As discussed above, the project site is currently developed with a beach stairway access along its northern side. This accessway is used regularly by the public for beach access, however, it is currently not dedicated for such public use. The remainder of the property is sparsely vegetated with ice plant and other limited vegetation. Overall, the site is in a relatively unm.aintained state. The properties to the north and south of the site are developed with multi-family residential dwelling (rental) units. Both adjacent residential properties include patio decking along the beachfront. The property to the east, across Ocean Street is in the process of being developed with the Carlsbad Inn Beach and Tennis Resort. Ill. ANALYSIS Planning Issues - Zone Change 1) Is the proposed 0-S zone consistent with the RH General Plan designat ion? 2) Will the proposed land use be compatible with surrounding land uses? DISCUSSION The proposed O-S, Open Space zone is not an implementing zone for the RH, Residential High, 20-30 du/ac land use designation and is, therefore, inconsistent. If Open Space is determined to be an appropriate zone for this property, the general plan should be changed to O-S. This should occur before the adoption of an O-S zone. Compatibility of land use is also an issue with regard to the proposed project. The subject property is presently undeveloped (excluding the existing stairway), and implementation of the proposed project will intensify the use within this area. The proposed beach club facility is designed to attract hotel guests desirous of recreating on the deck areas of the beach club facility, thereby intensifying the use of the site. This intensification of use would result in an increase in noise and nuisances, which could lead to compatibility problems with adjacent residential properties. Residents and property owners within the vicinity of the subject property have already expressed opposition to tha public's use of the existing onsite stairway access to the beach. The surrounding residents have posted a sign prohibiting public access along this stairway. It is staff's opinion that any further intensification of use on this property would only serve to exacerbate an already existing nuisance problem. -2- In accordance with this concern, staff asked if the applicant had contacted surrounding property owners. The applicant contends that discussions with adjacent property owners have taken place and that most issues of concern have been resolved through design. However, the applicant has been unable to provide letters of support from adjacent property owners as requested by staff. Although the design of the project will likely enhance the appearance and safety of the project site, and could also reduce the potential congestion impact that the 198-room Carlsbad Inn could create on the adjacent beach, staff feels that compatibility problems with adjacent residential properties have not been resolved through project design and will exist with implementation of the proposed project. Further, staff feels that this project would be an extension of a commercial use (hotel) into a residential area. Staff also feels that the site is too small to accommodate some of the recreational uses permitted in the 0-S zone. The site is only 2244 square feet in size and would split an existing R-3 area in two parts. Staff feels there is not adequate room on the site to buffer potential recreational uses from neighboring properties. Planning Issues - Conditional Use Permit 1) Can the required findings for approval of a conditional use permit be made? Specifically: a) That the requested use is necessary or desirable for the development of the community, is essentially in harmony with the various elements and objectives of the general plan, and is not detrimental to existing uses or to uses specifically permitted In the zone in which the proposed use is to be located. b) That the site for the intended use is adequate in size and shape to accommodate the use. c) That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained. d) That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. -3- DISCUSSION As discussed earlier in this report, implementation of the proposed use would enhance the appearance and safety of the project site and could also likely reduce the potential congestion Impact that the 198-room Carlsbad Inn would have on the adjacent beach. However, staff has concerns that the project as proposed, would also intensify the use of the subject property, thereby creating potential noise and/or nuisance problems for adjacent residential properties. Staff acknowledges that the proposed beach club facility would provide an attractive and inviting outdoor recreation alternative for owners and guests of the Carlsbad Inn. However, the proposed beach club cannot be regarded as a use necessary or desirable for the development of the community since it is proposed strictly as a private use facility. Nor can the proposed beach club at this location be regarded as compatible with adjacent uses in view of the potential noise and nuisance impacts that this facility could create for neighboring residential properties. It is staff's opinion that implementation of this proposed project could be detrimental to existing adjacent residential uses from the potential noise and nuisance impacts associated with hotel guests congregating at the proposed facility. In summary, staff believes that the proposed zone is not compatible with the existing R-3 zone located on both sides of the subject property. In addition, staff feels that the purpose of a conditional use permit is to ensure that uses not permitted by right in a particular zone are compatible with surrounding land use. As proposed, the beach club facility is not regarded as being compatible with adjacent residential uses. Therefore, staff is recommending denial of ZC-327 and CUP-271. IV. ENVIRONMENTAL REVIEW The Land Use Planning Manager has determined that this project will not have a significant impact on the environment and, therefore, has issued a Negative Declaration on July 2, 1985. ATTACHMENTS 1. Planning Commission Resplution Nos. 2468 and 2469 2. Location Map 3. Background Data Sheet 4. Environmental Documents 5. Disclosure Form 6. Exhibits "A" - "D", dated March 13, 1985 CDD:ad 7/18/85 -4- BACKGROUND DATA SHEET CASE NO: ZC-327/CUP-271 APPLICANT: CARLSBAD INN BEACH CLUB REQUEST MD LOCATICN: Request for approval of a zone change and conditional use permit to allo^; a beach club facility at 3037 Ocean Avenue LEGAL DESCRIPTION: A portion of unnumbered Block in the town of Carlsbad, in the City of Carlsbad, Cty of SD, State of CA, according to Map thereof No. 535, filed in Office of Cty. Recorder of SD Cty; and that portion of Ocean St. as shown on said map, closed to public use. AFN: 203-251-05 Acres 2,244 S.F. Proposed No. of Lots/Units 1 lot GENERAL PLAN AND ZONIM". Land Use Designation RH Density Allowed 20-30 du/ac Existing Zone R-3 Density Proposed Proposed Zone OS N/A Surrounding Zoning and Larxa Use: Zoning Site R-3 North R-3 Land Use teach stairway/ice plant Resi/Multi South R-3 East R-3 West R-3 Resi/Multi Carlsbad Inn Pacific Ocean School District Carlsbad PUBLIC FACILITIES Water Carlsbad Sewer Carlsbad EDU's Public Facilities Fee Agreement, dated ENVIRONMENTAX IMPACT ASSESSMENTT Negative Declaration, issued ^E.I.R. Certified, dated Other, Mardi 5, 1985 DEVELOPMENTAL 0 ^^^f • 1200 ELM AVENUE SERVICES ^^jMj^W CARLSBAD, CA 92008-1969 LAND USE PLANNING OFFICE ^^^^ 438-5591 Citp of €avlihsit> ffflGATIVE DECLARATION PROJECT ADDRESS/LOCATION: The project is located along the west side of Ocean Street, ^proximately 200 feet south of the Elm Avenue/Ocean Street intersection. PROJECT EESCRIPTICN: The project is proposed as a private beach club facility as part of the Carlsbad Inn Peach and Tennis Resort. The proposed beach club facility will consist of 960 square feet of beach- front wood decking to be used by hotel guests for sunning and passive recreation, 2420 cubic feet of enclosed space for storage of beach recreation equipment, landscaping, design treatments and two parking spaces. The City of Carlsbad has conducted an environmental review of the above described project pursuant to tiie Guidelines for Implementation of the Califomia Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Land Use Planning Office. A copy of the Negative Declaration with supportive documents is on file in the Land Use Planning Office, City Hall, 1200 Elm Avenue, Carlsbad, CA. 92008. Garments fron the public are invited. Please submit ooraments in writing to the Land Use Planning Office within ten (10) days of date of issuance. DATED: July 18, 1985 MICHAEL" J. HOLZMILLER CASE NO: ZC-327/CUP-271 Land Use Planning Manager APPLICANT: CARLSBAD INN BEACH CLUB PUBLISH DATE: July 24, 1985 ND-4 5/81 •If after the informatioi "that further informatioJ have siilamitted has been reg^' ed, it is determined required, you will be so A^|P •^^ APPLICANT: AGSNT: Carlsbad Inn, Ltd,, A Califomia Limited Partnership Nana (individual, partnership, joint venture, corporation, syndication) P. 0. Box 2089, Del Mar, Califomia 92014 Business Address 619/755-7778 Telephone Mumber Winners Circle Resorts Intemational, Inc., (General Partner) Name P. 0. Box 2089, Del Mar, Califomia 92014 • • Business Address 619/755-7778 Telephone Muober KEMBE8S: Naae (individxial, partner, joint venture, corporation, syndication) Bamm Addr«ss P. 0. Box 99, Del Mar, CA 92014 - Business Address 619/755-3991 Telephone Nuinber Telephone Mumber Judi Carroll, Director of Development P. 0. Box 5000, Del Mar, CA 92014 Ilaae Borne Address P. 0. Box 2089, Del Mar, CA 92014 Business Address 619/755-7778 Telephone Number Telephone Number (Attach more sheets if necessary) 1/We declare under penalty of perjury that the infozrsation contained in this dis- closure is true and correct and that it will remain true and correct and may be* relied upon as being true and correct until aaiended. Carlsbad Inn, Limited Winners Circle Resorts Intemational, Inc., General Partner Applicant BY z Agent, Owner, Parl^ner CARLSBAD INN BEACH CLUB ZC-327/CUP-271 City of Carlsbacd Planning Department March 14, 2006 Eric Munoz Hofman Planning Suite 150 5900 Pasteur Court Carlsbad CA 92008 SUBJECT: CUP 271x4 - CARLSBAD INN BEACH FACILITY The preliminary staff report for the above referenced project will be sent to you via email on Wednesday, March 22, 2006. This preliminary report will be discussed by staff at the Development Coordinating Committee (DCC) meeting which will be held on March 27, 2006. A twenty (20) minute appointment has been set aside for you at 9:30. If you have any questions concerning your project you should attend the DCC meeting. it is necessary that you bring your required unmounted colored exhibit(s) with you to this meeting in order for your project to go forward to the Planning Commission. Your colored exhibits must be submitted at this time to ensure review by the Planning Commission at their briefings. If the colored exhibits are not available for their review, your proiect could be rescheduled to a later time. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) here by the scheduled time above. If you need additional information concerning this matter, please contact your Planner, Erin Endres at (760) 602-4625. Sincerely, DON NEU / Assistant Planning Director DN:EE:bd c: File Copy Carlsbad Inn Ltd, PO Box 4068, Carlsbad CA 92108 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us FILE City of Carlsbacd Planning Department January 10, 2006 Carlsbad inn Ltd P O Box 4068 Carlsbad CA 92108 SUBJECT: CUP271X4 - CARLSBAD INN BEACH FACILITY Your application has been tentatively scheduled for a hearing by the Planning Commission on March 1, 2006. However, for this to occur, you must submit the additional items listed below. If the required items are not received by February 10, 2006, your project will be rescheduled for a later hearing. In the event the scheduled hearing date is the last available date for the City to comply with the Permit Streamlining Act, and the required items listed below have not been submitted, the project will be scheduled for denial. 1. As required by Section 65091 of the California Government Code, please submit the following information needed for noticing and sign the enclosed form: A) 600' Owners List - a typewritten list of names and addresses of all property owners within a 600 foot radius of the subject property, including the applicant and/or owner. The list shall include the San Diego County Assessor's parcel number from the latest equalized assessment rolls. B) 100' Occupant List - (Coastal Development Permits Only) a typewritten list of names and addresses of all occupants within a 100 foot radius of the subject property, including the applicant and/or owner. C) Mailing Labels - two (2) separate sets of mailing labels of the property owners within a 600 foot radius and the occupants within a 100 foot radius of the subject property. The list must be typed in all CAPITAL LETTERS, left justified, void of any punctuation. For any address other than a single-family residence, an apartment or suite number must be included but the Apartment, Suite and/or Building Number must NOT appear in the street address line. DO NOT type assessor's parcel number on labels. DO NOT provide addressed envelopes - PROVIDE LABELS ONLY. Acceptable fonts are: Arial 11 pt, Arial Rounded MT Bold 9 pt. Courier 14 pt. Courier New 11 pt, and MS Line Draw 11 pt. Sample labels are as follows: 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.cl.carlsbad.ca.us CUP271X4 - CAI|LSBAD January 10, 2006 Page 2 BEACH FACILITY UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave., Apt #3 Carlsbad, CA 92008 UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave. Apt. #3 Carlsbad, CA 92008 ACCEPTABLE MRS JANE SMITH APT 3 123 MAGNOLIA AVE CARLSBAD CA 92008 D) E) Sincerely, Radius Map - a map to scale, not less than 1" = 200', showing all lots entirely and partially within 600 feet of the exterior boundaries of the subject property Each of these lots should be consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. Fee - a fee shall be paid for covering the cost of mailing notices. Such fee shall equal the current postage rate times the total number of labels Cash check (payable to the City of Carlsbad) and credit cards are accepted ERIN ENDRES Planning Technician EE:aw Attachment I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. APPLICATION NAME AND NUMBER APPLICANT OR APPLICANT'S REPRESENTATIVE BY: DATE: RECEIVED BY DATE: • FILE copy City of Carlsbacd Planning Department January 24, 2006 Hofman Planning Associates 5900 Pasteur Ct, Ste 150 Carlsbad CA 92009 SUBJECT: CUP271x4 - CARLSBAD INN BEACH FACILITY Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your Condition Use Permit, application no. CUP271x4, as to its completeness for processing. The application is complete, as submitted. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. The City may, in the course of processing the application, request that you clarify, amplify, correct, or otherwise, supplement the basic information required for the application. In addition, you should also be aware that various design issues may exist. Please see the following attached list of items concerning Public Notice Fee. These issues must be addressed before this application can be scheduled for a hearing. The Planning Department will begin processing your application as of the date of this communication. Please contact your staff planner, Erin Endres, at (760) 602-4625, if you have any questions or wish to set up a meeting to discuss the application. DON NEU Assistant Planning Director DN:EE:aw c: Van Lynch : Team Leader •Bob WojctkrProjeetEfigineer File Copy Data Entry 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.cl.carlsbad.ca.us CUP271x4 - Carlsbad Inn Beach Facility January 24, 2006 Page 2 LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION Planning: Please submit Public Notice Fee in the amount of $285.00. June 23, 2004 TO: Staff Planner FROM: Planning Technician CUP 271x4 The conditional use permit needs to be retroactive to include the years between 2000 and 2005. The applicant applied for the third extension in 2000, but the hotel use was never approved by the P.C. City of Carlsbad Planning Department July 7, 2000 Carlsbad Inn Ltd P 0 Box 4060 Carlsbad CA 92018 SUBJECT: CUP 271x2 - CARLSBAD INN BEACH FACILITY Our records indicate a letter was sent to you on June 15, 2000 advising you that your Conditional Use Permit (CUP) No. 271x2 was due to expire on July 17, 2000. To date, we have not received a response. We are enclosing a copy of the letter previously sent. If we do not hear from you by July 13, 2000 your CUP will become null and void and the usage will be required to cease. Should you have any questions, please contact Chris DeCerbo at (760) 602-4611. Sincerely, Chris Sexton Planning Department c: File Copy Chris DeCerbo 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 ^ bity of Carlsbad Planning Department NOTICE OF EXPIRATION June 15, 2000 Carlsbad Inn Ltd P 0 Box 4060 Carlsbad CA 92018 SUBJECT: CUP 271x2 - CARLSBAD INN BEACH FACILITY In a recent audit of our records, we found that CUP 271x2 - Carlsbad Inn Beach Facility, located at 3037 Ocean Street, will expire on September 19, 2000. Should you, the property owner, require an extension of this permit, please send the following: ^ Written request for an extension; ^ Completed Disclosure Statement (enclosed); and ^ A check in the amount of $540. Send the required documents and warrants to: Chris Sexton City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad CA 92008 Your request for an extension must be received before July 17, 2000, to allow adequate time to process your application and schedule a hearing before the Planning Commission. If you do not request an extension by this date, the permit will be considered invalid and to continue operating, you will be required to submit an application for a new permit, along with a check in the amount of $2,680. Shouid you have any questions, please contact your staff planner, Chris DeCerbo, in the Planning Department at (760) 602-4611. Sincerely, CHRIS SEXTON File Copy Staff Planner 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 ^ # Citv of Carlsbad Planning Department PLANNING COMMISSION NOTICE OF DECISION October 4, 1990 Shell/Winners Circle Resorts Intemational 2110 South Hill Street, Suite H Oceanside, CA 92054 SUBJECT: CUP 271X1 - CARLSBAD INN BEACH At the Planning Corrunission meeting of September 19, 1990, your application was considered. The Commission voted 6-0 to Approve your request. Some decisions are final at Plaiming Commission, and others automatically go forward to City Council. If you have any questions regarding the final dispositions of your application, please call the Planning Department at 438-1161. MICHAEL J. HOLZMILLER ^yc/tO^ Plarming Director MJH:AH:km Enclosure: Planning Conmiission Resolution No. 3080 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161 Carlsbad BEACH i TENNIS RESORT 25 July 1990 City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009-4859 To Whom It May Concern: By way of this letter I am requesting an extension of the Carlsbad Inn Beach Club CUP permit (#271X1). I would additionally request that the new permit be extended for the longest possible time period. Thank you for your consideration. / - tripe // Chief Financaal Officer and Vice President RCC/rfn 3075 Carlsbad Boulevard • Carlsbad, California 92008 (619) 434-7020 Citv of Carlsbad Planning Department June 7, 1990 Carlsbad Inn, Limited Attn: Eric Seagal 3075 Carlsbad Boulevard Carlsbad, CA 92008 SUBJECT: Carlsbad Inn Extension of CUP 271x1 Your application has been tentatively scheduled for hearing on July 18, 1990. In order for us to proceed, we must perform the noticing as required in Section 65091 of the California Government Code. If the required items are not received by June 22, 1990, your project will be rescheduled for a later hearing. In the event that the scheduled hearing date is the last available date for the City to comply with the Permit Streamlining Act, and the required noticing items have not been submitted, the project will be scheduled for denial. Please submit two sets of the required 600' radius map, list of property owners, labels for each property owner and for the applicant, and postage. Your application will not go fon/vard until these items have been received. Please sign the attached statement and return it with your labels. In addition to the above, please complete and return the enclosed Disclosure Statement along with a letter requesting the CUP extension from the owner of the project. If you have any questions, please contact me at 438-1161, extension 4328. Sincerely yours, ANNE HYSONG ^ (J Planning Technician AH:rvo Attachments cc: Erin Letsch 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161 Citv of Carlsbad Pianninq Department IVlay 22, 1990 „ _ Carlsbad Inn, Limited P.O. Box 4068 Del Mar, CA 92014 SUBJECT: Carlsbad Inn Extension of CUP 271x1 Your application has been tentatively scheduled for hearing on July 20, 1990. In order for us to proceed, we must perform the noticing as required in Section 65091 of the California Government Code. If the required items are not received by June 22, 1990, your project will be rescheduled for a later hearing. In the event that the scheduled hearing date is the last available date for the City to comply with the Permit Streamlining Act, and the required noticing items have not been submitted, the project will be scheduled for denial. Please submit two sets of the required 600' radius map, list of property owners, labels for each property owner and for the applicant, and postage. Your application will not go forward until these items have been received. Please sign the attached statement and return it with your labels. In addition to the above, please complete and return the enclosed Disclosure Statement along with a letter requesting the CUP extension from the owner of the project. If you have any questions, please contact me at 438-1161, extension 4328. Sincerely yours. ANNE HYSONG Planning Technician AH:rvo Attachments cc: Erin Letsch Data Entry 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161 Citv of Carlsbad Planning Department NOTICE OF EXPIRATION March 29, 1990 PO Box 2089 Del Mar, CA 92014 Dear Property Owner: This letter is to notify you that CUP No. 271, Carlsbad Irm Beach Club, expires on August 14, 1990. If you would like an extension of this permit, please send us your request and a check for $375.00 ($100.00 for non-profit organizations) to: City of Carlsbad Plarming Department 2075 Las Pabnas Drive Carlsbad, CA 92009 Your request for an extension must be received no later than May 14, 1990 to allow adequate time to process your application and schedule a hearing before the Plarming Commission. If you do not request an extension by this date, the pennit wiU be considered invalid and to continue operating, you wiU have to submit an application for a new permit, along with a check for $2,000.00 ($100.00 for non-profit organizations). Please do not hesitate to call if you have any questions (619) 438-1161, ext. 4475. Sincerely, ERIN K. LETSCH Management Analyst EKL:kd 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161 Citv of Carlsbad Piannin NOTICE OF EXPIRATION April 20, 1990 CARLSBAD INN BEACH CLUB 3075 Carlsbad Boulevard Carlsbad, CA 92008 Dear Property Owner: This letter is to notify you that CUP No. 271 expires on August 14, 1990. If you would like an extension of this permit, please send us your request and a check for $375.00 ($100.00 for non- profit organizations) to: City of Carlsbad Planning Department 2075 Las Pabnas Drive Carisbad, CA 92009 Your request for an extension must be received no later than May 14, 1990 to allow adequate time to process your application and schedule a hearing before the Plarming Commission. If you do not request an extension by this date, the permit wUl be considered invalid and to continue operating, you will have to submit an application for a new permit, along with a check for $2,000.00 ($100.00 for non-profit organizations). Please do not hesitate to caU if you have any questions (619) 438-1161, ext. 4475. Sincerely, ERIN K. LETSCH Management Analyst EKL:kd 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161 March 29, 1990 Citv of Carlsbad Planning Department NOTICE OF EXPIRATION Carlsbad Irm Beach Club 3075 Carlsbad Boulevard Carlsbad, CA 92009 Dear Property Owner: This letter is to notify you that CUP No. 271, Carlsbad Irm Beach Club, expires on August 14, 1990. If you woiild like an extension of this permit, please send us your request and a check for $375.00 ($100.00 for non-profit organizations) to: City of Carlsbad Plarming Department 2075 Las Palmas Drive Carlsbad, CA 92009 Your request for an extension must be received no later than May 14, 1990 to allow adequate time to process your application and schedule a hearing before the Plarming Conunission. If you do not request an extension by this date, the permit wiU be considered invalid and to continue operating, you will have to submit an application for a new permit, along with a check for $2,000.00 ($100.00 for non-profit organizations). Please do not hesitate to call if you have any questions (619) 438-1161, ext. 4475. Sincereh ERIN K. LETSCH Management Analyst EKL:kd 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161 Citv of Carlsbad Municipal Projects August 11, 1989 The California State Coastal Commission Attention: Ms. Deborah Bove 631 Howard Street, 4th Floor San Francisco, CA 94105 ACCEPTANCE OF COASTAL ACCESS EASEMENTS Enclosed are Certificates of Acceptance resolution from the City of Carlsbad for easements: and the authorizing the following access Grantor Brown CCC Permit # Address 6-86-278/AB 5099 Shore Dr. Carlsbad Inn 6-85-492 3037 Ocean St, Type of Easement Lateral Beach Access Lateral & Vertical Beach Access Hamlin 6-83-81 2445 Ocean St. Lateral Beach Access Mellgren Puesta Del Sol (Klett) 6-87-36 5-77-81 Sears 6-83-613 Savings Bank Sears 6-83-613 Savings Bank South Terminus of Hoover St. 2601 Ocean St. South Terminus of Harbor Dr. South Terminus of Harbor Dr. Lateral Lagoon Access Lateral & Vertical Beach Access Lateral & Vertical Lagoon Access Open Space I request that the Commission deem the City of Carlsbad to be the responsible local governmental agency to hold title to the above easements. Jennifer Holman, California Coastal Conservancy, has requested that the City accept the above easement dedications from the Conservancy. 2075 Las Palmas Drive* Carlsbad, California 92009-4859• (61 9) 438-1161 California State Coastal Commission Re: Acceptance of Coastal Access Easements August 11, 1989 Page 2 Please attach the Coastal Commission's Certificate of Acknowledgement to each of the enclosed Certificates of Acceptance. The City of Carlsbad will then record the documents at the County Recorder's Office and return copies to the Coastal Commission and the Coastal Conservancy. Please call me at (619) 438-1161, extension 4383, if you need additional information. GARY KELLISON Associate Civil Engineer jb c: John Cahill, Municipal Projects Manager Karen Kundtz, Deputy City Clerk Jennifer Holman, Dedications Program - California Coastal Conservancy RESORTS International, Inc July 23, 1985 RECEIVED JUL 251985 Mr. Marty Orenyak Director, Building & Planning CITY OF CARLSBAD ?iJy Carlsbad Building Department 1200 Elm Avenue " Carlsbad, CA 92008 Dear Marty: Re: Carlsbad Inn Beach Club Thank you for your efforts in getting our beach club proposal back on track. Since 1984 when we received concurrence from Planning that our proposed beach club would be a desirable addition we have proceeded, as directed, to gain approval. A formal proposal was submitted in March (letter attached) including a conceptual plan that emulated the beauty and charm of the resort. On April 1, 1985 we sent letters with self-addressed return envelopes to the adjacent property owners asking them to respond to Chris DeCerbo, city planning, should they have any concerns. We further met with Mr. Wueste, owner of the house to the north who was the most affected and agreed to provide a privacy wall for his convenience. We have made every reasonable effort to get responses from two adjacent property owners as directed. The fact that they have not responded would seem to indicate they have no great concerns and thus their failure to respond should not be used adversely against us. We believe the proposal should receive a recommendation of approval from Planning based on its merits and benefits to the city which include: 550 Via de la Valle • Post Office Box 1210 • Del Mar, Califomia 92014 • 619-755-6666 Mr. Marty Orenyak -2- July 23, 1985 (1) Provide a beach access easement to the city; (2) Stairway and beach access to be improved and main- tained by the Carlsbad Inn; (3) Beautification, cleanliness, and maintenance of the area; (4) Increased tax base; (5) Reduce impact of hotel guests on public beaches; (6) Added amenity will further assure the success of the Carlsbad Inn and its $25 million investment and further increase city room tax and property tax revenues. Based on the above, the quality of the resort and its importance to the community deserves a recommendation of approval from your department and, therefore, we respectfully request your positive input. I appreciate your efforts and reply. Thank you. Sincerely, James M. Watkins President JMW:bk cc: Chris DeCerbo RESORTS International, Inc. March 5, 1985 City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Gentlemen: "Re: Carlsbad Inn Beach Club With this letter we are enclosing completed application, required documents and applicable fees for the Carlsbad Inn Beach Club, a privately owned and operated recreation and storage facility for the exclusive use of owners and guests of the Carlsbad Inn Beach and Tennis Resort. From a design standpoint, the inprovements have been planned to emulate the beauty and charm of the resort...that of an early European, old world cottage and grounds featuring an entry gate with carriage lights, balustrade railings, vine covered trellises, french window panes, woods, plaster, etc. Physical and visual separations between properties have been addressed with our neighbors to assure privacy and overall compatibility. The concept that you see here incorporates not only the elements we feel are necessary to best serve our clientele's needs while using the beach during their stay at the resort; but also will go a long way to reduce the impact a 198-room resort would otherwise create on our neightborhood beach. The current design and detail also represents key features which were determined important during recent discussions with City and Coastal C^onnission staffs as well as neighboring property owners. Here we would like to address the findings necessary for the City to approve our proposed conditional use plan. 1) The proposed use is both necessary and desirable for the development of our beachfront neighborhood because it will better provide for the increased use and enjoyment of the beach by the owners and guests of the 198-room Carlsbad Inn Beach and Tennis Resort. The spaces planned in the proposed facility will offer an attractive and inviting atmosphere for our guests, creating a very pleasant alternative for their use during their stay. The management guidelines we are proposing (see environmental inpact assessment) would assure harmonious relationship between the existing and proposed uses and, in fact, would actually improve the security and maintenance of the general area. Continued. 550 Via de la Vallc • Post Office Box 1210 • Del Mar, Califomia 92014 • 619-755-6666 City of Carlsbad 5 March 1985 Page 2 2) The proposed decking, landscape and enclosure inprovements have been designed to accomnodate the size and shape of the site and are consistent with those on neighboring properties. 3) Yards, setbacks, walls, fences, landscaping and other features have been planned and designed to acconnmodate permitted uses. 4) Since use of the proposed facility will be by owners and guests of the resort, virtually 100^ of the traffic will be pedestrian thereby negating any additional impact on the street system. In conclusion, we wish to acknowledge the contributions made in planning this facility by all concerned,..neighboring property owners. City and Coastal Coimission staffs as well as our engineering, architectural and design consultants. We are confident that the proposed Carlsbad Inn Beach Club very nicely meets the needs of our owners, guests and comnnunity. Yours sincerely, CARLSBAD INN, LIMITED Winners Circle Resorts International, Inc. Judi Carroll, Director of Development Attachments SITE PLAN - CARLSBAD INN BEACH CLUB PAGE I OF Z BEACH >•»: F£IIUA>I T. I9BS DATE PREPARED OWNER CtlLSUD ll HIRIEIS Cl IS co-r" JMES JUDI Cl r. a DEL HJtl IB. LTD.. « CiLlroIVIk LIMITED PllTDERSHIP. BI: ESOETS IITEBR*TIOM«L. IIC. ITNEE. Bl; ITEUS. PIESIDCIT MUTtUS: CtPiL WITEI DISTRICT ENGINEER CORHlt I lSSt>C!!tT££. II iTTEBTlOB: TIN £. •*< 12* BIBNIBCHtH BIIVE CttBirF'BT.TNE-SEH. C* LANDSCAPE/DESIGN UTILITIES WITER; CllY QY Cl COSTJI EE«I SEHEI; CITI OF Cl ELECTRIC: SAK BIECO Cl CIS: , SiR BIECO Cl TILEPBORE: PACIFIC TEI IBSPECTIOI: CITI OF CAI GRADING CRABIBC IS HIRIHAL. EIISTIBC ELEVATIORS ARB INFROVEHERTS AIE SHOUR ON THIS PLAt. NOTE TIAT EIISTINC SITE IS IMPROVED AND IR A BISTUIRED STATE. PIOPOSED ELEVATIORS ARB A SECTIOR ARE SHOWN OR A SEPEtATE PLIR GERALD CIBBEI LANDSCAPE ARCHITECT 1101 CARHET AVERUE SAN BIECO. CALIFORNIA 9]10« (B19) 110-0122 LEGAL CEEALB CABNE1 llOS CARHET . SAR BIECO, C. («19) 170-01 P.R. 103-lSI-O; PORTIOR OF UNNUMBERED BLOCI t CITI OF CARLSBAD. COI LIFORRIA. ACCOIDINC TO THE THE OFFICE OF TNE COUNTY THAT PORTION OF OCEAN ! .DSED TO PUBLIC USE. REPORT Bt: EVAIT TITLE CONPART OF SAR I EKTIOR: CHRISTEF CILMORE J CAUmO BEL ttti SOUTH DIECO. CALIFOINIA 91100 OTHER NOTES^ I ni TOUR OF CARLSBAD. IN OF SAN DIEGO. STATE OF THEREOF BUHBtR Hi, FILED ECDRDER OF SAN BIECO COURTI; EET AS SHOUR OR SAID NAP. NOTE THAT THE IMPIOVEHEIITS I OK THIS DIAGRAMATIC PLAN HAVI HAVE ROT BEEN DETERHIHEO Bt I IPERTT LINES (BOUND* TAIEN FIOM RECORD I ) SlIIVEt. T THE SOUTHEAST CORNEII OF ELM 1 CARLSBAD INN WAP II04S RESORTS International, Ine. Michael J, Holzmiller Land Use Planning IVIanager City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Dear Mr. Holzmiller: June 12, 1985 As per your request enclosed is the list and addressed envelopes for property owners living within a 300' to 600' radius of our proposed beach club. The information on owners in a 300' radius was submitted to you earlier. Please call if I can be of further assistance or if you have any questions. Sincerely, CARLSBAD INN, LID, Winners Circle Resorvt^ International, Inc., General Partner P. Mary mn Dunigan Execi^ive Assistant Development Department Attachment 1442 Camino Del Mar • Post Office Box 2089 • Del Mar, California 92014 • 619 / 755-7778 RESORTS International, Inc. March 5, 1985 City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Gentlemen: Re: Carlsbad Inn Beach Club With this letter we are enclosing conpleted application, required documents and applicable fees for the Carlsbad Inn Beach Club, a privately owned and operated recreation and storage facility for the exclusive use of owners and guests of the Carlsbad Inn Beach and Tennis Resort, From a design standpoint, the improvements have been planned to emulate the beauty and charm of the resort...that of an early European, old world cottage and grounds featuring an entry gate with carriage lights, balustrade railings, vine covered trellises, french window panes, woods, plaster, etc. Physical and visual separations between properties have been addressed with our neighbors to assure privacy and overall conpatibility. The concept that you see here incorporates not only the elenents we feel are necessary to best serve our clientele's needs while using the beach during their stay at the resort; but also will go a long way to reduce the inpact a 198-room resort would otherwise create on our neightborhood beach. Tlie current design and detail also represents key features wliich were determined inportant during recent discussions with City and Coastal Comnission staffs as well as neighboring property owners. Here we would like to address the findings necessary for the City to approve our proposed conditional use plan. 1) The proposed use is both necessary and desirable for the development of our beachfront neighborhood because it will better provide for the increased use and enjoyment of the beach by the owners and guests of the 198-rocm Carlsbad Inn Beach and Tennis Resort. The spaces planned in the proposed facility will offer an attractive and inviting atmosphere for our guests, creating a very pleasant alternative for their use during their stay. The management guidelines we are proposing (see environmental impact assessment) would assure harmonious relationship between the existing and proposed uses and, in fact, would actually inprove the security and maintenance of the general area. Continued. 550 Via de la Valle • Post Office Box 1210 • Del Mar, Califomia 92014 • 619-755-6666 City of Carlsbad 5 March 1985 Page 2 2) The proposed decking, landscape and enclosure inprovements have been designed to aeconmodate the size and shape of the site and are consistent with those on neighboring properties. 3) Yards, setbacks, walls, fences, landscaping and other features have been planned and designed to accomnx>date permitted uses. 4) Since use of the proposed facility will be by owners and guests of the resort, virtually 1005B of the traffic will be pedestrian thereby negating any additional impact on the street systan. In conclusion, we wish to acknowledge the contributions made in planning this facility by all concerned,,,neighboring property owners. City and Coastal Comnission staffs as well as our engineering, architectural and design consultants. We are confident that the proposed Carlsbad Inn Beach Club very nicely meets the needs of our owners, guests and comnunity. Yours sincerely, CARLSBAD INN, LIMIIED Winners Circle Resorts International, Inc. Judi Carroll, Director of Development Attachments RESORTS International, Inc. July 23, 1985 Mr. Marty Orenyak Director, Building & Planning City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Dear Marty: Re: Carlsbad Inn Beach Club Thank you for your efforts in getting our beach club proposal back on track. Since 1984 when we received concurrence from Planning that our proposed beach club would be a desirable addition we have proceeded, as directed, to gain approval. A formal proposal was submitted in March (letter attached) including a conceptual plan that emulated the beauty and charm of the resort. On April 1, 1985 we sent letters with self-addressed return envelopes to the adjacent property owners asking them to respond to Chris DeCerbo, city planning, should they have any concerns. We further met with Mr. Wueste, owner of the house to the north who was the most affected and agreed to provide a privacy wall for his convenience. We have made every reasonable effort to get responses from two adjacent property owners as directed. The fact that they have not responded would seem to indicate they have no great concerns and thus their failure to respond should not be used adversely against us. We believe the proposal should receive a recommendation of approval from Planning based on its merits and benefits to the city which include: 550 Via de la Valle • Post Office Box 1210 • Del Mar, CaUfomia 92014 • 619-755-6666 Mr. Marty Orenyak -2- July 23, 1985 (1) Provide a beach access easement to the city; (2) Stairway and beach access to be improved and main- tained by the Carlsbad Inn; (3) Beautif ication, cleanliness, and maintenance of the area; (4) Increased tax base; (5) Reduce impact of hotel guests on public beaches; (6) Added amenity will further assure the success of the Carlsbad Inn and its $25 million investment and further increase city room tax and property tax revenues. Based on the above, the quality of the resort and its importance to the community deserves a recommendation of approval from your department and, therefore, we respectfully request your positive input. I appreciate your efforts and reply. Thank you. Sincerely, James M. Watkins President JMW:bk DEVELOPMENTAL m^^^M 1200 ELM AVENUE SERVICES ^K'^OJ^.M CARLSBAD, CA 92008-1989 LAND USE PLANNING OFFICE ^^Jg^F 438-5591 €itp of Carlsdiab May 22, 1985 Carlsbad Inn, Limited P. 0, Box 2089 Del Mar, California 92014 RE: CUP-2 71/ZC-32 7 - Carlsbad Inn Beach Club A new ordinance has been adopted by the City of Carlsbad regarding public notice procedures (Ordinance No. 9578), This ordinance requires noticing property owners within a 600' radius of a proposed project which is scheduled for a public hearing. The previous requirement was a 300' radius, for which you submitted as part of your application a list of property owners with assessor parcel numbers and either one or two sets of envelopes. Although your project has been submitted already, it will be scheduled for a public hearing after the ordinance takes effect (June 6, 1985); therefore, it is ncessary for you to update the public notice package that was submitted. Please submit to the Land Use Planning Office the names, addresses and assessor parcel numbers (on a list and on stamped envelopes) of those property owners between the 300' and 600' radius. This should be done by June 15. If you have any questions, please contact the planner for your project. Sincerely, ^ Michael J. Holzmiller Land use Planning Manager MJH:NR:ad RESORTS International, Inc March 5, 1985 City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Gentlemen: Re; Carlsbad Inn Beach Club With this letter we are enclosing conpleted application, required documents and applicable fees for the Carlsbad Inn Beach Club, a privately owned and operated recreation and storage facility for the exclusive use of owners and guests of the Carlsbad Inn Beach and Tennis Resort. From a design standpoint, the improvements have been planned to emulate the beauty and charm of the resort,,,that of an early European, old world cottage and grounds featuring an entry gate with carriage lights, balustrade railings, vine covered trellises, french window panes, woods, plaster, etc. Physical and visual separations between properties have been addressed with our neighbors to assure privacy and overall conpatibility. The concept that you see here incorporates not only the elements we feel are necessary to best serve our clientele's needs while using the beach durir^ their stay at the resort; but also will go a long way to reduce the inpact a 198-rocm resort would otherwise create on our neightborhood beach. Hie current design and detail also represents key features which were determined important during recent discussions with City and Coastal Comnission staffs as well as neighboring property owners. Here we would like to address the findings necessary for the City to approve our proposed conditional use plan, 1) The proposed use is both necessary and desirable for the development of our beachfront neighborhood because it will better provide for the increased use and enjoyment of the beach by the owners and guests of the 198-room Carlsbad Inn Beach and Tennis Resort, The spaces planned in the proposed facility will offer an attractive and inviting atmosphere for our guests, creating a very pleasant alternative for their use during their stay. The management guidelines we are proposing (see environmental impact assessment) would assure harmonious relationship between the existing and proposed uses and, in fact, would actually improve the security and maintenance of the general area. Continued. 550 Via de la Valle • Post Office Box 1210 • Del Mar, Califomia 92014 • 619-755-6666 City of Carlsbad 5 March 1985 Page 2 2) The proposed decking, landscape and enclosure improvements have been designed to accomnnodate the size and shape of the site and are consistent with those on neighboring properties. 3) Yards, setbacks, walls, fences, landscaping and other features have been planned and designed to accommodate permitted uses. 4) Since use of the proposed facility will be by owners and guests of the resort, virtually 100% of the traffic will be pedestrian thereby negating any additional impact on the street system. In conclusion, we wish to acknowledge the contributions made in planning this facility by all concerned...neighboring property owners. City and Coastal Comnission staffs as well as our engineering, architectural and design consultants. We are confident that the proposed Carlsbad Inn Beach Club very nicely meets the needs of our owners, guests and community. Yours sincerely, CARLSBAD INN, LIMITED Winners Circle Resorts International, Inc. Judi GefrroU, Director of Development Attachments City of Carlsbad Planning Department NOTICE OF EXPIRATION December 20,2005 Carlsbad Inn Ltd P O Box 4068 Carlsbad C A 92018 SUBJECT: CUP 271 x 4 - CARLSBAD INN BEACH FACILITY In a recent audit of our records, we found that CUP 271x3 ~ Carlsbad Inn Beach Facility, located at 3037 Ocean Street, has expired. Should you, the property owner, require an extension of this permit, please send the following: ^ Written request for an extension; Completed Disclosure Statement (enclosed); and A check in the amount of $755.00. Send the required documents and warrants to: Erin Endres City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad CA 92008 Please mail your request for an extension at your earliest convenience, to allow adequate time to process your application and schedule a hearing before the Planning Commission. If you do not request an extension, the permit will be considered invalid and to continue operating, you will be required to submit an application for a new permit, along with a check in the amovmt of $3735.00. Should you have any questions, please feel free to contact me at (760) 602-4625. Sincerely, ERIN ENDRES 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us PROJECT REVIEW On August 22. 1991. CUP 271x1. Carlsbad Inn Private Beach Club Facility, was reviewed (date) (project number) (project name) for compliance with the conditions contained therein. The project was found to be in compliance with all the conditions of Resolution No. 3080 and no further action was taken. COMMENTS: Signed David Rick c: Erin Letsch DR:km ""14:44 FR CflRLSBflD INN EXEC OFCGig 434 1676 TO SUCR CORP P.03/04 MEMORANDUM TO: Terry Waldie and Activities Staff FROM: Randal C. Chapin SUBJECT: Beach Cabana Gates Our policy concerning the Beach Cabana seems to have worked very well in the past, so we would like to continue with the same policies. As the Administrator of our new Activities contract I wanted to clarify the role your staff must play toward helping us continue with past successes. The lower Cabana gate is to remain locked from Labor Day imtil we are ready to begin operations again next year on Memorial Day. By way of this memo, I am. asking Activities to check each day to ensure that there is no activity in this area and that the glass door to the Cabana is intact and locked. The upper patio gate should be opened each morning promptly at 9 a.m. for use by any of our guests, It is my expectation that the Activities staff can continue to make this an important item in their morning checklist. The gates for the upper patios of the Cabana are to be locked each night by the Activities staff person as soon as the Activities Center closes at 8 p.m. I will make certain that Security follows up shortly after 8 p.m. each night to ensure that the gates are closed and padlocked, Security will monitor this area on a minimum of an hourly basis throughout the night to identify any potential problems and take corrective measures as needed. They will make specific note of each round into this area on their security logs, with copies forwarded to the Activities Director on a daily basis. Thanks for your attention to these issues. Your staffs diligence in the past has been appreciated and has contributed to our success. With your help we can continue to have a trouble free Cabana. Thanks again! Date: 9 5 97 To: City of Carlsbad Planning Department Attn. Greg Fisher 2075 Las Palmas Dr. Carlsbad, CA. 92009-1576 From: John D MuUen 3053 Ocean St Carlsbad, CA. 92008 phone: 730 3938 y:j! Re:: Case File 271x2 Case Name Carlsbad Inn Beach Facility Dear Mr Fisher: Since! may not be attending the public hearing regarding the request for a second extension of CUP 2711 would like to have the following brought to the attention of the Planning Commission members. My wife and I became the owner/occupants on 5/31/96 of the property south and adjacent to the Carlsbad Inn property referred to in case file 271-2. During this period we have observed that this property or cabana is a gathering place for many undesirable groups drinking, doing drugs, partying, loud confi-ontations etc. These things take place during the day, in the evening and during the late night hours after the cabana is locked. The groups chmb over the wrought iron fence for access after the cabana is locked and watch for the security guard to make his check before entering the cabana. Randy, the manager of Carlsbad Inn has been most cooperative and has taken measures to lessen these problems but they continue. You might consider the the following suggestions that would benefit all and reduce liability: 1. Install punch coded locks for C Inn guests at the entrances to the upper and lower cabanas (similar to the locks used by C Inn for guests at their west entrance to their property - same code could used). This would allow the cabanas to be used only by the C Inn guests. 2. Increase the height of the wrought iron at the entrance gate areas to prevent access after the cabanas are locked. 3. Install entrance gates with locks at the top and bottom of the public stair access to the beach to be locked in the late evening and opened in the early morning by C hm. There are other public access stairs to the beach on Ocean street that have such locked gates. There exists a very large public access to the beach stairs only a few hundred feet north of of this access. Sincerely, JohnMi^|en cc: Randy Chapin, Manager, C Inn To whom it may concern: Our family owns the property immediately adjacent to the Carlsbad Inn Beach Club Facility. We are very concerned about the usage that takes place a few feet from us. We feel that it is a big problem to have this area of tables and space off a public walkway because It provides a place for people with nothing to do to hang out. There appears to be a group of skaters who gather in this area. We believe that it is frequently used by people who have no relationship to the Carlsbad Inn. We have observed drinking of alcoholic beverages, lots of smoking and have suspected that drugs are being used. We have had an Increased number of vagrant type people entering our yard, sleeping in our yard, using our jacuzzi and stealing boogie boards, wetsuits, radios etc... if they are left on our deck. This past week we had a breakin in the daytime which resulted in the loss of a tv, a new leather coat, hiking boots, a suitcase, cologne and other small items. The police case number for this theft is 97-6324. Two years ago our cabana was broken into from the skylight and robbed and then set on fire. We do sincerely believe that having a place to hang out on the walkway causes us more problems than the average beach house owner deals with. The Carlsbad Inn property Is protected from the public by a gate with a key. It would be Ideal if this walkway could have the same protection. It is my understanding that this walkway was made so that the Carlsbad Inn guests could have easy access to the beach. There is good public access to the beach both north and south of this walkway. It appears the public would not be inconvenienced if this area were for Carlsbad Inn Quests only. Our other concerns are that the Beach Club area be considerate of the homeowners in the area. We want to be good neighbors to the Carlsbad Inn and hope they fee! the same. In the past I have always found the Carlsbad Inn staff to be very nice and receptive to our concerns. We feel a bit vulnerable because we are one family and they are a big organization with time share owners and many guests. We are interested in knowing the specific guidelines for the usage of this area. Thank you for listening to our concerns. Sincerely, Vickl and Art Perry City of Carlsbad Planning Department August 26, 1997 Carlsbad Inn Beach Facility Timothy J. Stripe 3075 Carlsbad Blvd. Carlsbad CA 92008 SUBJECT: CUP 271x2 - CARLSBAD INN BEACH FACILITY The preliminary staff report for the above referenced project will be available for you to pick up on Friday, August 29, 1997, after 8:00 a.m. This preliminary report will be discussed by staff at the Development Coordinating Committee (DCC) meeting which will be held on September 8, 1997. A twenty (20) minute appointment has been set aside for you at 10:00 a.m. If you have any questions concerning your project you should attend the DCC meeting. If you need additional information concerning this matter, please contact Greg Fisher at (760) 438-1161, extension 4328. CITY OF CARLSI^AD GARY E. WAYNE Assistant Planning Director GEW:GF:kr c: File Copy 2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (619) 438-1161 • FAX (619) 438-0894 • 4 '^^^ City of Carlsbad Planning Department August 14, 1997 Carlsbad Inn Beach Resort Timothy J. Stripe 3075 Carlsbad Boulevard Carlsbad CA 92008 SUBJECT: CUP 271x2 - CARLSBAD INN BEACH FACIUTY Your application has been tentatively scheduled for a hearing by the Planning Commission on September 17, 1997. However, for this to occur, you must submit the additional items listed below. If the required items are not received by August 27, 1997, your project will be rescheduled for a later hearing. In the event the scheduled hearing date is the last available date for the City to comply with the Permit Streamlining Act, and the required items listed below have not been submitted, the project will be scheduled for denial. 1. As required by Section 65091 of the California Government Code, please submit the following information needed for noticing and sign the enclosed form: A) 600' Owners List - a typewritten list of names and addresses of all property owners within a 600 foot radius of the subject property, including the applicant and/or owner. The list shall include the San Diego County Assessor's parcel number from the latest equalized assessment rolls. B) Mailing Labels - two (2) separate sets of mailing labels of the property owners within a 600 foot radius of the subject property. The list must be typed in all CAPITAL LETTERS, left justified, void of any punctuation. For any address other than a single family residence, an apartment or suite number must be included but the Apartment, Suite and/or Building Number must NOT appear in the street address line. DO NOT type assessor's parcel number on labels. DO NOT provide addressed envelopes - PROVIDE LABELS ONLY. Acceptable fonts are: Swiss 721, Enterprise TM, Courier New (TT) no larger than 11 pt. Sample labels are as follows: 2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (619) 438-1161 • FAX (619) 438-0894 CUP 271x2 - CARLSBAD AUGUST 14, 1997 PAGE 2 N BEACH FACILITY UNACCEPTABLE UNACCEPTABLE ACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave., Apt #3 Carlsbad, CA 92008 Mrs. Jane Smith 123 Magnolia Ave. Apt. #3 Carlsbad, CA 92008 MRS JANE SMITH APT 3 123 MAGNOLIA AVE CARLSBAD CA 92008 C) D) Sincerely, Radius Map - a map to scale, not less than 1" = 200', showing all lots entirely and partially within 600 feet of the exterior boundaries of the subject property. Each of these lots should be consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. Fee - a fee (check payable to the City of Carlsbad) shall be paid for covering the cost of mailing notices. Such fee shall equal the current postage rate times the total number of labels. Cash and credit cards are also accepted. GREGORY H. FISHER Planning Technician I GF:kr Attachment I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. APPLICATION NAME AND NUMBER APPLICANT OR APPLICANT'S REPRESENTATIVE BY: DATE: RECEIVED BY DATE: City of Carlsbad Planning Department November 1, 1 996 Carlsbad Inn Ltd. P.O. Box 4068 Carlsbad CA 92018 SUBJECT: CUP 271x1 - CARLSBAD INN BEACH FACILITY Our records indicate that a letter was sent to you on March 25, 1 996, advising you that your Conditional Use Permit (CUP) No. CUP 271x1 expired on September 19, 1995. To date, we have not received a response. We are enclosing a copy of the letter previously sent. If we do not hear from you by November 1 5, 1 996, your CUP will become null and void and the usage will be required to cease. Should you have any questions, please contact Anne Hysong at (619) 438-1161 extension 4477. Sincerely, BRANDI KING Planning Department c: Fiie Copy Planner 2075 Las Palmas Di - Carlsbad, CA 92009-157(5 - (6 19) 438-1161 - FAX (619) 43B-0B94 ® # City of Carlsbad Planning Department NOTICE OF EXPIRATION March 25, 1996 James Watkins Carlsbad Inn, Ltd. P.O. Box 2089 Del Mar CA 92014 SUBJECT: Conditional Use Permit In a recent audit of our records, we found that CUP No. 271x1 expired on September 19, 1995. Should you, the property owner, require an extension of this permit, please send the following: y Current business name (site of permit); / Current business (site of permit) owner's name and phone number; y Written request for an extension (please sign and print your name); • Your mailing address (if different from above); y Your phone number where we can reach you during business hours; and / A check in the amount of $400 ($55 for non-profit organizations). Send the required documents and check to: Attn: Brandi King City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad CA 92009 We are in the process of establishing new procedures for handling CUP extensions and therefore will be granting additional time for the processing of your request. Your request for an extension must be received before April 25, 1996, to allow adequate time to process your application and schedule a hearing before the Planning Commission. If you do not request an extension by this date, the permit will be considered invalid and to continue operating, you will have to submit an application for a new permit, along with a check for $2,500 ($120 for non-profit organizations). If you have any questions, please contact your staff planner, Anne Hysong, in the Planning Department at (619) 438-1161, extension 4477. Sincerely, BRANDI4<ING Senior Office Specialist c: Anne Hysong File Copy H)/', 1 as Palinas Drive C:ailsl)ad, Calitornia 92()()<) 1: '6 ((T 1 >^)) 4.Ha 1 1 C. 1 ® City of Carlsbad Planning Department PLANNING COMMISSION NOTICE OF DECISION September 25, 1997 Carlsbad Inn Beach Facility Timothy J. Stripe 3075 Carlsbad Blvd. Carlsbad CA 92008 SUBJECT: CUP 271x2 - CARLSBAD INN BEACH FACILITY At the Planning Commission meeting of September 17, 1997, your application was considered. The Commission voted 6-0 (Commission Compas absent) to APPROVE (AS AMENDED) your request. Some decisions are final at Planning Commission, and others automatically go forward to City Council. If you have any questions regarding the final dispositions of your application, please call the Planning Department at (760) 438-1161. Sincerely, MICHAEL J. HOLZMILLER Planning Director MJH:GF:kr Enclosed: Planning Commission Resolution No. 4168 2075 Las Palmas Dr. - Carlsbad, CA 92009-1576 - (760) 438-1161 • FAX (760) 438-0894 % X PC From: Vicki H. Perry and Arthur 0. Perry 3021 Ocean St. Carlsbad, Ca. 92008 August 19, 1990 To the City of Carlsbad and the Planning Commission of Carlsbad RE: CASE FILE: CUP 27X1 Published August 2, 1990 We have discussed the operation of the Carlsbad Inn Beach Facility with Randy Chapin and have made a list of suggested guidelines. We request that the permit for the Carlsbad Inn Beach Facility be of short term and one that can be reviewed frequently. With the winter season approaching, it will be difficult to know how well these suggestions will work and if indeed they are the correct and needed guidelines. We would like to investigate the possiblity of this walkway being used only by the Carlsbad Inn Guests and the Carlsbad Inn Time Share Owners. The reason for our interest in this is that the usage of this now public access is triple that of most public accesses because of the numbers of people involved from the Carlsbad Inn. From a safety standpoint, we would like to at least have the access closed at night from public usage. Our list of suggested guidelines is as follows: 1. No food or beverage shall be sold or provided onsite. 2. Beach equipment and decking will be for the sole use of Carlsbad Inn tenants. No equipment shall be rented and no commercial use shall take place on site. All beach equipment shall be stored indoors. 3. The Carlsbad Inn Employees (or attendants) at the beach facility shall place beach chairs and other beach equipment, including trash cans, in front of the Carlsbad Inn Property and not in front of the neighbors' homes. 4. The stairway access to the beach shall be open to the general public and maintained in good condition by the property owner. • t 5. Hours of operation for the beach club facility will be no earlier than 9:00 a.m. and no later than 9:00 p.m. The beach facility decks shall be locked to prevent access between the hours of 9:00 p.m. and 9:00 a.m. and shall be patrolled at night by the Carlsbad Inn guard. 6. Mechanical music or any type of entertainment will not be allowed in the beach facility. 7. Only one grill may be used in the beach facility and it will be located on the lowest deck. 8 .Maximum capacity for the beach facility will be limited to 16 people. 9. Only one private party may be booked per week. 10. Carlsbad staff will help maintain cleanliness of area and adjoining properties. 11. It will be requested to the Carlsbad Police Department to maintain closer watch on the public stairway during night hours. Respectfully submitted, /• J Vicki and Art Perry ^ [0 "^JiS/cfO DATE: AUGUST 15, 1990 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: CUP271X1 - CARLSBAD INN BEACH FACILITY Staff recommends that the following condition be added to Resolution NO. 3080: 3. The project shall provide signage to be located at the top and at the bottom of the stairway providing notification that the stairway is public access, to the satisfaction of the Planning Director. ro PC From: Vicki H. Perry and Arthur C. Perry lyg ^^rr^Q 3021 Ocean St. f:' Carlsbad, Ca. 92008 August 13, 1990 To the City of Carlsbad and the Planning Commission of Carlsbad RE: CASE FILE: CUP 27x1 (or CPU 271) Published August 2,1990 Dear Sirs: We are writing in response to the Notice of Hearing we have received regarding the Carlsbad Inn Beach Facility, CUP- 27x1. We assume this refers to CPU 271 granted August 14, 1985. As property owners directly north of the Carlsbad Inn Beach Facility, we have some concerns. During the past three years that we have owned our property, we have experienced the following: The three terraced patios of the Carlsbad Inn Beach Facility have for the majority of the time been left open at night to anyone who might choose to congregate there. We have experienced many nights of being kept awake by loud groups late into the night and early mornings. Noise and cigarette smoke seem to drift directly into our house from these areas. Daytime parties can be large and have loud music and barbeques sending noise and smoke directly over to us. The attendants passing out boogie boards and chairs on the bottom terrace have often played loud and annoying music. We have had to request in the past that the Carlsbad Inn not store their lounge chairs in our front yard. We have had to request in the past that the Carlsbad Inn not keep their trash can in our front yard. The attendants for the Carlsbad Inn often line up many of their lounge chairs directly in front of our house on the beach early in the morning, which gives us no opportunity to use the beach that is directly in front of our house. Many times we have noticed that they put chairs in front of our house before they put chairs in front of their property. We have on two occasions asked them not to remove the rocks on the beach directly in front of and touching the seawall of our house. We felt they were an extra aide to our beach wall. When we are not there, they do move them. We have been curious why they spend so much time and energy removing our rocks when they don't remove their own. When the Carlsbad Inn hosts beach events, we must listen to loud microphones and music and look at large inflated objects and wade through crowds if we wish access to the beach. There has been a noticeable increase in street traffic and parking problems. We are wondering if this is due to the number of time share owners coming to use this part of the beach and the Carlsbad Inn facilities. On many occasions we have heard the salesmen for the Carlsbad Inn Time Shares tell the prospective buyers that if they own a time share they can reserve the Carlsbad Inn Beach Club for private parties.(This conversation is easily heard from any of our decks when they are making a presentation.) Because our property is within reaching distance of this area, whenever there is a party in their area we have no privacy on our decks. With such a large number of people involved the thought of how often parties might be held is a concern. In the Planning Commission Resolution No. 2469, the hours of operation for this Beach Club are unclear. Line 21 states the facility shall be open from 9:00 A.M. until 9:00 P.M. Line 23 states the facility shall be closed and locked from 9:00 P.M. until 7:00 A.M. We believe this should read that the facility should be closed and locked from 9:00 P.M. until 9:00 A.M.. In this resolution we don't see any regulations on the number of people allowed at any one time or what kind of music or entertainment they might be allowed or whether or not alcoholic beverages may be consumed or whether barbecues are allowed and how many. All of this is of concern to us. Under "Findings we see that number 1 suggests that this Beach Club area would reduce the potential congestion impact that the 198 room Carlsbad Inn would have on the adjacent beach. This statement fails to address how the usage of this Beach Club area would affect the residences that are so very close to it There is a question as to the safety of the project site being enhanced as is stated in linel. Because many people cross the street at this spot, there has been at least one incident of a child getting hit by a car as he crossed the street There may be other incidents similar to this of which we are unaware. There are no signs in this area to indicate that this is a "cross walk" , "beach access", "children crossing", "caution" or similar signs. Under "Findings" number 2 says that there are adequate buffers to ensure compatibility with adjacent residential properties. We are unaware of any buffers. Under "Conditions" number 3 was abused in the past when there were large quantities of hot dogs cooked and passed out and many drinks passed out. On number 7, the beach chairs are often left outside, but within an unlocked gated area. Because of the high density usage of this walkway by the Carlsbad Inn Beach Club, we often have a noticeable amount of trash thrown into our yard over our wall. Every day there is quite a bit to pick up that has been thrown into our yard from the beach. This is the area that many Carlsbad Inn lounge chairs use. On the street side our planted area in front must also be cleaned daily. We were contacted this past week by two different gentlemen who are currently employed by the Carlsbad Inn, Randy Chapin and Eric Segel. They both seem very interested in monitoring more closely the usage of the Carlsbad Beach facility We are very happy to hear that. We do wonder, however, how long this interest will last. We are also aware of how quickly personnel changes positions at the Carlsbad Inn We would like to know if it is possible to make that walkway by the side of the Carlsbad Inn Beach Club a private walkway for members and guests only. With the number of public users plus hotel usage, there is a very high density usage of this walkway. As stated in this letter, we have many concerns about how this Carlsbad Inn Beach Club is used and managed. We believe that if Carlsbad Inn is allowed to have a private beach club between two private homes and among so many private homes that the usage and management should be very carefully defined and very carefully managed and monitored. We would like to see our concerns considered and addressed. We would like to request that the permit for the Carlsbad Inn Beach Club be put on probation until a clearly defined usage plan is established. We feel that the home owners who are affected by this private club should have an opportunity to review this defined usage plan . We would like to have assurance that if usage is established that the home owners who are affected by this club have the opportunity to protect themselves if the usage priviledges are abused. Respectfully submitted, Vicki and Art Perry Citv of Carlsbad Planning Department NOTICE OF EXPIRATION June 15, 2000 Carlsbad Inn Ltd P 0 Box 4060 Carlsbad CA 92018 SUBJECT: CUP 271x2 - CARLSBAD INN BEACH FACILITY In a recent audit of our records, we found that CUP 271x2 - Carlsbad Inn Beach Facility, located at 3037 Ocean Street, will expire on September 19, 2000. Should you, the property owner, require an extension of this permit, please send the following: y Written request for an extension; y Completed Disclosure Statement (enclosed); and y A check in the amount of $540. Send the required documents and warrants to: Chris Sexton City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad CA 92008 Your request for an extension must be received before July 17, 2000, to allow adequate time to process your application and schedule a hearing before the Planning Commission. If you do not request an extension by this date, the permit will be considered invalid and to continue operating, you will be required to submit an application for a new permit, along with a check in the amount of $2,680. Should you have any questions, please contact your staff planner, Chris DeCerbo, in the Planning Department at (760) 602-4611. Sincerely, CHRIS SEXTON File Copy Staff Planner 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 ^ DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information must be disclosed: 1. APPLICANT List the names and addresses of all persons having a financial interest in the application. 2. OWNER List the names and addresses of all persons having any ownership interest in the property involved. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust. Have you had more than $250 worth of business transacted with any member of City staff. Boards, Commissions, Committees and/or Council within the past twelve (12) months? • Yes • No If yes, please indicate person(s): Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." NOTE: Attach additional sheets if necessary. Signature of owner/date Signature of applicant/date Print or type name of owner Print or type name of applicant CJKAND PA( IhK, Kl.SORTS V9, July 28,1997 Mr. Greg Fisher CITY OF CARLSBAD Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009 Subject: CUP 27x1 - Carlsbad Inn Beach Facility Dear Greg: Regarding the extension of the above-referenced CUP, enclosed is a check in the amount of $500 for the Noticing fee. Sincerely, GRAND PACIFIC RESORTS, INC. Cindy Jacques Executive Assistant 5050 AVENIDA ENCINAS. SUITE 200 * CARLSliAD. CA 92008 • TELEPHONE 760-431-8500 • FACSIMILE 760-43I-4580 November 14, 1996 Carisbad BEACH RESORT Brandi King CITY OF CARLSBAD Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009 Subject: CUP 271x1 -- Carlsbad Inn Beach Facility Dear Brandi: I hereby request an extension of CUP No. 271x1 for the Carlsbad Inn beach facility. We have been meeting all of the conditions of this CUP and have had no complaints related to this CUP. The current business, Carlsbad Inn Beach Resort, is located at 3075 Carlsbad Boulevard. The current owner, Carlsbad Irm, Ltd., is located at 5050 Avenida Encinas, Suite 200, Carlsbad, CA 92008 (telephone: 619-431-8500). Attached is a check for $400.00 for the processing of this CUP extension. If you have any questions, please feel free to call me at 619-431-8500. Very truly yours. Timothy J. Stripe Manager TJS/cj 3075 Carlsbad Boulevard • Carlsbad, Califomia 92008 (619) 434-7020 CASE NO.: C U f-J^ 1 j DAIE RECEIVED: ^// ZZ^/ APPLICaNT: REQUEST: ENVIRiaJMEimL EXEMPT OR EJftHEPTEU: Posted: Filed: Prior Cotpliance: Published: Filed: NEGATIVE DECLARATICN: Posted: -j^/^'^S mjiKmsmKL IMPACT REPORT: Notice of Preparation: Published: ^tP^ ^S" Notice of Determination: Notice of Ccrpletion: Notice of Determination: PLANNING COMMISSICN 1. Date of Hearing: 2. Publication: 3. Notice to Property Owners: 4. Resolution No. Date; (Continued to: '^f;f.u,rn U?vV^ doTUftagyri^ c:^^ App^Doal. <^^c/?6L4<^60 5. i^^al: CITY COUNCIL 1. Date of Hearij?^:. 2. Notdces to City Clerk: 3. Agenda Bill: 9 /s/fs- 4. Resolution No. 5. Ordinance No. 911^ Date Date ACTION; OORRESPgjDENCE Staff Report to Applicant: Resolution to Applicant: LAND US^ PLAIMNIIMG A.r PLICATIOIM DISCRETICNARY ACTIONS REQUEST Zone Change • General Plan Amerxinent • Tentative Tract Map • Major Planned Unit Development Q-Master Plan Major Redevelc^ament Pennit • Minor Redevelc^xnent Pennit • Precise Development Plan (check other boxes if apprcpriate) •Specific Plan •pite Development Plan EConditional Use Permit •Variance •Planning Commission Determination •Special Use Permit •Structure Relocation •Major Condaninium Permit •Coastal Permit (Portion of Redevelopment Area Only) Coirplete Description of Project (attach additional sheets if necessary) CARLSBAD INN BEACH CLUB FACILITY consisting of landscaping, decks and enclosed equipment storage and distribution space. Legal Description (conplete) Attached as "Exhibit A" Assessors Parcel Nurrber 203-251-05 General Plan Existing Land Use Undeveloped...beach stairs Zone R-3 Proposed Zone Open Space Proposed General Plan site Acreage 2,2^4 sq. ft. Owner Name (Print or Type) Carlsbad Inn, Limited j^licant Mailing Address P. 0. Box 2089 Name (Print or Tjpe) Carlsbad Inn, Limited Mailing Address P. 0. Box 2089 City and State Del Mar, CA Zip Telephone 92014 755-7778 City and State Del Mar, CA 92014 Zip Telephone 755-7778 I CERTIFY THAT I AM THE OWNER'S REPRESENTATIVE AND TOAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST CF MY KNOWIfDGE. I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INPORMATICN IS TRUE AND CORRECT TO THE BEST CF MY KNOWLEDGE. SIGNA-JHRE DATE y James M. Watkins, President SIGt^TURE —-— DATE ^ James M. Watkins, President Date hggUxoktiisn Bec'd Deceived bttte Ajpplicaticn Rec'a Staff Assigned I. SPECIFIC REQUIREMENTS General Plan Amendment/Zone Change 1. Application Form 2. General Requirement Items F-0 V 3. Reproducible 1:500 scale map of subject property showing requested zoning and surrounding zoning and land uses. 4. Fee: General Plan Amendment $765.00 + $5.00 per lot or acre, whichever is higher. \ Zone Change: $655.00 Master Plan/Specific Plan TI Application Form 2. General Requirement Items: - eighteen (18) copies of items B-D - items E-0 3. Fee: Master Plan $1,635 + $5.00 per/acre Specific Plan $1,090.00 Master Plan Amendment: Major $545.00 + 5.00 acre Minor $185.00 + 2.00 acre Specific Plan Amendment; Major $440.00 Minor $ 75.00 Tentative Tract Map TI Application Form 2. General Requirement Items eighteen (18) copies of item A items E-P 3. Fee: $530.00 (1-25 lots or units) $765.00 (26-100 lots or units) $1,310 (100 + lots or units) Revision: $330.00 (1-25 units or lots) $545.00 (26-100 units or lots) $765.00 (100+ units or lots) $150.00 Revision that does not change design of subdivision Major Planned development (5 or more units) 1. Application Form 2. General Requirement Items: eighteen (18) copies of items B-D items E-0 3. Conversion to Condominiums - list pf names and addresses of all tenants of the project, proof of notification of the tenants 60 days prior to filing tentative map. If after the information have submitted has been revi -ed, it is determined that further inforcnation required, you will be so ad\ d. APPLICANT: AGENT: MSMBEBS: Carlsbad Inn, Ltd., A Califomia Limited Partnership Name (individuai, partnership, joint venture, corporation, syndication) P. 0. Box 2089, Del Mar, Califomia 92014 Business Address 619/755-7778 Telephone Numbar Winners Circle Resorts Intemational, Inc., (General Partner) Name P. 0. Box 2089, Del Mar, Califomia 92014 - - Business Address 619/755-7778 Telephone Number Name -(individual, partner, joint venture, corporation, syndication) Home Address P. 0. Box 99, Del Mar, CA 92014 Business Address 619/755-3991 Telephone Number Judi Carroll, Director of Development Telephone Number P. 0. Box 5000, Del Mar, GA 92014 Naae Eome Address P. 0. Box 2089, Del Mar, CA 92014 3usiness Address 619/755-7778 Telephone Number (Attach more sheets if necessary) I/We declare under penalty of perjury that the information contained in this dis- closure is true and correct and that it will remain true and correct and may be* relied upon as being true and correct until amended. Carlsbad Inn, Limited Winners Circle Resorts Intemational, Inc., General Partner Applicant BY Agent, 0-.-'ner, Partner JUPPLEMENTAL INFORMATION FORtI VARIANCE 1) Gross Acres (or square footage, if less than acre) 2) Ztane 3) Gaieral Plan I^ind Use Designation 4) By law a Variance may be approved cnly if certain facts are found to exist. Please read these requirarvents carefully and explain how the proposed project meets each of these facts. Use additional sheets if necesseiry. a) Explain why there are excepticnal or extraordinary circumstances or ocnditicns applicable to the property or to ths intended use that do not apply generally to the other property or class of use in the same vicinity and zone: b) Explain why such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in ths same vicinity and zone but which is denied to the property in questicn: c) Explain why the granting of such variance will not be materially detrimental to the public welfere or injurious to the property or inprovements in such vicinity and zone in which the property is located d) Explain why the granting of such variance v.dll not adversely affect the canprehensive general p].an: Residential Condominiums $530.00 (50 units or less) $1,090.00 (50 units or more) $365.00 (Amendment for 50 units or less) $655.00 (Amendment for 50 units or more) $ 5.00 Unit (Notification of Tenants for Condominium Conversion) Residential Planned Unit Development $530.00 (50 units or less) $875.00 (51 units or more) $275.00 (Amendment for 50 units or less) $545.00 (Amendment for 50 units or more) Non Residential Condominium or Planned Unit Development $420.00 (50 or less units) $1,090.00 (50 or more units) $220.00 (Amendment for 50 or less units) $400.00 ( Amendment for 50 or more units) Site Development Plan TI Application Form 2. General Requirement Items eighteen (18) copies of items B-D items E-I, M-0 3. Fee: $365.00 Conditional Use Permit/Special Use Permit/Precise Development Plan Ti Application Form 2. General Requirement Items: eighteen (18) copies of items B-D items E-0 (items L,M & N not required for Special Use Permit) 3. Fee: $420.00 Conditional Use Permit/Special Use Permit $440.00 Precise Development Plan 4. Additional information may be required by the Engineering Department for Special Use Permits Variance TI Application Form 2. General Requirement Items: eighteen (18) copies of item B and D (if applicable) items E, F, H-K, M, 0 3. Variance Supplemental Sheet 4. Fee: Single Family = $150.00 Other = $420.00 Planning Commission Determination TT Application Form 2. One page statement precisely indicating the determination request. 3. General Requirement Items; eighteen (18) copies of items B-D (if applicable) items F-I, L, M, 0 4. General Requirement Items for Density Determination: eighteen (18) copies items B-D items E-I, L-0 5. Fee; $330.00 Major and Minor Redevelopment Permits 1. Application Form 2. General Requirement Items: Major; eighteen (18) copies of Item B-D items E-M and material samples (if applicable) Minor; eighteen (18) copies of items B-D (if applicable) items E-F, ,H-M and material samples (if applicable) 3. Fee. (Not established except where other permit is necessary). 4. Coastal Permit if applicable. Structure Relocation TI Application Form 2. General Requirement Items eighteen (18) copies of B and D items E, F, H, I, M inspection notice from the Building Department 3. Fee; $120.00 NOTE: INCOMPLETE SUBMITTALS WILL PREVENT OR SIGNIFICANTLY DELAY THE PROCESSING OF A PROJECT II. GENERAL REQUIREMENTS A. Tentative map/preliminary grading plan (24" X 36" folded to 8 1/2" x 11") Each tentative map/preliminary grading plan shall contain the following information: (1j Name and address of the owner whose property is proposed to be subdivided and the name and address of the subdivider; (2) Name and address of registered civil engineer, licensed surveyor, landscape architect or land planner who prepared the maps; (3) North point; (4) Scale; vicinity map; (5) Date of preparation; (6) The location, width and proposed names of all streets within the boundaries of the proposed subdivision and approximate grades thereof; (7) Location and width of alleys; (8) Name, location and width of adjacent streets; (9) Lot lines and approximate dimensions and numbers of. each lot; (10) Approximate location and width of watercourses or areas subject to inundation from floods, and location of structures, irrigation ditches and other permanent physical features; (11) Approximate contours at 1' intervals for slopes less than 5%, 2' intervals for slopes between 5% and 10%, and 5' intervals for slopes over 10%. (both existing and proposed). Existing and proposed topographic contours within a 100 foot perimeter of the boundaries of the site. Existing on-sit^ tifS^S; tft6se ro be removed and those to be saved; (12) Approximate location of existing buildings and permanent structures and proposed condominium buildings; (13) Location of all major vegetation, showing size and type; (14) Legal description of the exterior boundaries of the subdivision (approximate bearings, distances and curve data); (15) Width and location of all existing or proposed public or private easements; (16) Classification of lots as to intended residential, commercial, industrial or other uses; (17) Location of railroads; (18) Approximate radii of curves of streets; (19) Proposed name and city tract number of the subdivision; ^ (20) Any proposed phasing by units; (21) Number of units to be constructed when a condominium or community apartment project is involved. (22) Method of draining each J.ot; (23) Earthwork Volumes (24) Also, proposed utilities, existing street, sewer, water, and storm drainage improvements along the subdivision frontage, including street lights and fire hydrants on both sides of the street within 300 feet of the subdivision. (25) Typical street section for all adjacent streets and streets witnin the project. B. Site Plan (folded to 8 1/2" x 11") shall include the following information: - Name and address of applicant, engineer and/or arc- hitect, etc. All easements Dimensioned locations of: dUtess, both pedestrian and vehicular, showing service areas and points of ingress and egress off-street parking and loading areas showing location, number and typical dimensionn of spaces, and wheel stops. distances between buildings and/or structures building setbacks (front, rear and sides) location, height, and materials of walls and fences location of freestanding signs a\l driveways to scale on adjacent and across the street properties for a distance of 100 feet beyond the limits of subject site. - ovighinfi curbs, gutters, sidewalks and existing paving widths within 100 feet on adjacent and across the street properties. typi-cal street section any existing median islands within 100 feet of subject site. - ^ nearest cross streets on both sides with plus or minus distances from subject site. location of all buildings within 100 feet of subject properties. a vicinity map showing major cross streets a summary table indicating the following information; site acreage existing zone and land use proposed land use total building coverage building sq. footage percent landscaping number of parking spaces sq. footage of open/recreational space (if applicable) cubic footage of storage space (if applicable) ("ADDITIONAL DATA REQUIRED; UNLESS A TENTATIVE MAP IS ) SUBMITTED ALL DATA REQUIRED FOR A TENTATIVE MAP SHALL CBE SUBMITTED ON THE SITE PLAN. C. Preliminary Landscape Plan (24" x 36" folded to 8 1/2" x 11") shall include the following information: 1. Landscape zones per the City of Carlsbad Landscape Guidelines Manual 2. Typical plant species and their sizes for each planting zone 3. An estimate of the yearly amount of irrigation (supplemental) water required to maintain each zone. 4. Landscape maintenance responsibility (private or_ common) for all areas. 5. Percent of site used for landscaping D. Building Elevations and Floor Plans* (24"x36" folded to 8 1/2" X 11") floor plans with square footages included location and size of storage areas all buildings, structures, walls and/or fences, signs and exterior lights. NOTE; ALL PLANS AND EXHIBITS MUST BE FOLDED IN A SIZE NOT TO EXCEED 8 1/2" x 11". E. One (1) copy each of 8 1/2"x11" site plan and elevations. F. One (1) copy of 8 1/2"x11" location map (suggessted scale 200" - vicinity maps on the site plan are not acceptable) G. Environmental Impact Assessment Form ($175) H. Public Facility Agreement: 2 copies: One (1) notorized original. One (1) reproduced copy. I. Disclosure Statement J. Property Owners' List and Addressed Stamped Envelopes (Not needed for Site Development Plan, Special Use Permit, Planning Commission Determination and Minor Condominium Permit) 1) a typewritten list of the names and addresses of all property owners and occupants within a 300 foot radius of subject property (including the applicant and/or owner). The list shall include the San Diego County Assessor's parcel number from the latest assessment rolls. 2) Two separate sets of legal size (#10), addressed stamped envelopes (four sets for condominium conversions) of the property owners and occupants within a 3no-foot radius of subject property. For any address other than single family residence, apartment or suite number must be included. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON ENVELOPES AND LEAVE RETURN OF ADDRESS BLANK. 3) For Condominium Conversions, two separate sets of addressed, stamped envelopes of all existing tenants is required. K. 300 Foot Radius Map (Not needed for Site Development Plan, Planning Commission Determination and Special Use Permit). A map to scale not less than 1" = 200' showing each lot within 300 feet of the exterior boundaries of the subject property. Each of these lots shall be consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the Land Use Planning Manager if the required scale is impractical. L. For residential projects within Vista, Encinitas or San Dieguito School Districts, the applicant shall indicate whether he prefers to dedicate land for school facilities, to pay a fee in lieu thereof, or do a combination of these. If the applicant prefers to dedicate land, he shall suggest the specific land. For residential projects within the Carlsbad Unified School District and the San Marco Unified School District, the applicant shall submit written confirmation that school facilities will be available and serve the project at time of need. M, Preliminary Title Report (current within the last six months) N. Proof of sewer availability if located in the Leucadia County Water District. 0. Colored Site Plan and Elevation Plan (Not required with first submittal). It is the Applicant's responsibility to bring one copy of a colored site plan and one copy of a colored elevation to the Land Use Planning Office by Noon two days prior to the Planning Commission meeting. P. Statement of agreement to waive tentative,tract map time limits. APPLICANT DISCLOSURE FORM In order to assist the members of the Planning Commission and City Council to avoid possible conflicts of interest, all appli- cants are required to complete this disclosure form at the time of submitting their application. When this form has been com- pleted and signed, the information will be relied upon by them in determining if a conflict may exist, so please ensure that all of the information is completed and accurate. If at anytime before a final action on your application has been rendered, any of the information required by this disclosure changes, an amendment reflecting this change must be filed. If the applicant is an individual, or a partnership (either gen- eral or limited) or a joint venture, please state the full name, address and phone number of each person or individual (including trusts) who own any beneficial interest in the property which is the subject of this application. Should one or more parties to the application be a partnership or joint venture, then please state the full legal name of the partnership or joint venture, its legal address and the name and address of each individual person who is a general and/or limited partner or member of the joint venture. Should one or more of the parties be a privately held corporation (10 shareholders or less) or a real estate syndication, then please state the .state of incorporation or syndication, corporate number, date of incorporation or syndication, corporate or syn- dicate address, and the full names and addresses of each individual shareholder or syndicate member. Should the corpor- ation be a publically held corporation, then state the full name and address of the corporation, the place of its incorporation, number of shareholders, and the name and address of the officers of the corporation. Should you feel that additional information needs to be provided in order to provide a full disclosure, please include it. 0 0 CARLSBAD INN BEACH CLUB FACILITY' EXHIBIT "A" That portion of unnumbered Block in the Town of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 535, filed in the Office of the County Recorder of San Diego County; and that portion of Ocean Street as shown on said map, closed to public use, described as follows: Beginning at a point at the Southwesterly line of State Highway Division VII, Route 2, Section "B", Sheet 18, approved October 17, 1912, as per Map on file in the Office of the County Surveyor of San Diego County, distant therealong South 30 56'20" East, 175.35 feet from a point in the Southwesterly prolongation of the Northwesterly line of Block 14 of said Town of Carlsbad, distant thereon South 55 27*00" West, 45.09 feet from the Northwesterly corner of said Block 14; thence along said Southwesterly line of State Highway North 30 56'20" West, 22.57 feet; thence South 55 27'00" West, 78.25 feet; thence North 34 31'00" West, 8.08 feet; thence South 55 27'00" West to the mean high tide line of the Pacific Ocean; thence Southerly along said mean high tide line to a point that bears South 55 27'00" West from the Point of Beginning; thence North 55 27'00" East to the Point of Beginning. EJOPTING THEREFRCM that portion, if any, lying between the Westerly line of State Highway, Division VII, Route 2, Section "B", Sheet 18, approved October 17, 1912, and the Westerly line of Ocean Street as shown on said Map 365. Carlsbad Journal Decreed A Legal Newspaper by the Superior Court of San Diego County Mail all correspondence regarding public notice advertising to North Coast Publishers, Inc. corporate offices: P.O. Box 878, Encinitas, CA 92024 (619) 753-6543 Proof of Publication STATE OF CALIFORNIA, js. COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaperand not in any supplementthereof on the following dates, to-wit: NOTICE OP HEARING •• NOTICE IS HEREBY GIVEN thit / the l^laniting. Gommission ^of the ; City of parlsbad will: hold a hearing at the Council Chamhers, 1200 i Carlsbad>VilUtge Drive Cformerly^ Elm Avenue), Carlsbadv'California, at 6;00<p.mi'^on Wednesday, Aoguat v i 15,1990; to- ponslderi approval of: a ' Conditional Use Pennit extension -allowing a private beach club facil- Mty:on property: generally, located : > along tfae west side of Ocean Street . approximately 200 feet south iof the:; ! Elm Avenue/Ocean Street interse<i- i tlon and'more: pasticula'rly de'.i i scribed as:' ". . . ^ r ' A' portiotKof unnumbered block' iiV tfae town of Carlsbad, in the City of :Car^bad, County of .San iDiego, State of California, according to the > Map tfaereof ^umber 53Si filed in. the office of the County Recorder of San I>iego County,: and the portion of Ocean Street as shown on said Hap, closed to public use. : • > / . Those persons wishing to: speak : on this proposal are cordially invit- ed to attend the faearing If you have any questions, please call the Plan- -mng Departmentat438-116l. If you challenge tfae Condltlonal Use Permit Extension In.court, you may be limitedrto raising onlyjthose , issues you or f!omeonerelse:.raised atthfe fa^aripg'described in this |io- tieeor.in, written' correspondence: delivered to the City of Carlsbad at: or prior to tfae hearing Gate File CUP 271x1 Applicant Carlsbad IAn R4ach Facility , CITY OF CARJJSBAD PLANNING COMMISSION #202 2K LOCATION MAP CARLOAD MN BEACH CLUB CUP 271x1 AUGUST 2 19 90 19. 19. 19. 19 t certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on THE 2ND day of AUGUST, 0330 Clerk of the Printer , CJ 5346: August 2,1990 Citv of Carlsbad Planning Department PUBLIC NOTICE OF PRIOR ENVIRONMENTAL COMPLIANCE Please Take Notice: The Planning Department has determined that the environmental effects of the project described below have already been considered in conjunction with previously certified environmental documents and, therefore, no additional environmental review will be required and a notice of determination will be filed. Project Title: CUP 271x1 Project Location: 3037 Ocean Avenue -- approximately 200 feet south of the Elm Avenue and Ocean Street intersection. Project Description: Extension of a conditional use permit. Justification for this determination is on file in the Planning Department, Community Development, 2075 Las Palmas Drive, Carlsbad, Califomia 92009. Comments from the pubHc are invited. Please submit comments in writing to the Planning Department within ten (10) days of date of publication. Dated: June 14, 1990 MICHAEL J. H€lLZM(tL!LER Case No.: CUP 271x1 Planning Director Applicant: Carlsbad Inn Limited Publish Date: June 14, 1990 AH:rvo 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161 Carlsbad Journal Decreed A Legal Newspaper by the Superior Court of San Diego County Mail all correspondence regarding public notice advertising to North Coast Publishers, Inc. corporate offices: P.O. Box 878, Encinitas, CA 92024 (619) 753-6543 Proof of Publication m STATE OF CALIFORNIA, 55 COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the dote of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: PUBUC NOTICE OF PRIOR ENVlRONliENTM. COIO^UAMCE FtEASBTAlCBNMlClt: tcminad that 'Om nvirouHiiUl effi*eu of tm4«et dwmntMd be-low iMTO abM^ NM GW|lMd*rea ia eonjuiietioD wiU fMTloWily eerttflad attviroiHlHtBtal docu-niMti aiiditlMMlto*, po MidlUoDal •ttliroaawnlal rWMw mO. be ie-qalrad and a neUel itf datnnina-Uon WfW Denied. PMjat!i'nfle:Cin>fnxf Ibojeet ItMwtioni, tMT Ocean Airenua — apiiroxitiateb po foot Maith of the Elm Avenue ipi Oc^aii Street inteneetlon. I MieetDeaerlptloii: IMent^n of i «bwAMnd Hie iitoBttL i urtUteMoi>i(i«rtWi dupnataa-ttofa il ba me to OM nanhfiM be-partmeiit^ CmuatiiMgr OeMWP- < ftmtteimbUa ai<^bMte«.|fiiMe mbmlt eoMiflita %jBPitta« to the Planatng bepattaM wltht* ten AmUeai^ jBailtbad bnUmltad niMMCDlNinor aia»: jUBeU.lMO JUNE 14 1 990 19 19, 19, I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on THE 14TH day of JUNE, 1 Clerk of the Printer #202-2M-12/87 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Comnission of the City of Carlsbad will hold a public hearing at the City Council Chantoers, 1200 Elm Avenue, Carlsbad, California, at 6:00 p.m. on Wednesday, August 14, 1985, to consider approval of a zone change and conditional use permit to allow a beach club facility on property generally located along the west side of Ocean Street, approximately 200 feet south of the Elm Avenue/Ocean Street intersection and more particularly described as: A portion of unnuntoered Block in the town of Carlsbad, in the City of Carlsbad, County of San Diego, State of Califomia, according to the Map thereof Number 535, filed in the Office of the County Recorder of San Dieqo County; and that portion of Ocean Street as shown cn said map, closed to public use. Those persons wishing to speak on this prqposal are cordially invited to attend the public hearing. If you have any questions please call the Land Use Planning Office at 438-5591. If you challenge the zone change and conditional use permit in court, you may be limited to raising cnly those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE: ZC-327/CUP-271 APPLICANT: CARLSBAD INN BEACH CLUB PUBLISH: August 3, 1985 CITY OF CARLSBAD PLANNING COMMISSICN CARLSBAD INN BEACH CLUB \ ZC-327/CUP-271 • Carlsbad Journal Decreed a Legal Newspaper by the Superior Court of Son Diego County 3138 ROOSEVELT ST. • P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345 Proof of Publication STATE OF CALIFORNIA, js. COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad Joumal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the NEGATIVE DECLARATION 2M-4/82 PROJECT XDDRESS/LOCA- TION: The project is located along the west side of Ocean Street, approximately 200 feet south of the Elm Avenue/Ocean Street intersec- tion. PROJECT DESCRIPTION: The project is proposed as a private beach club facility as part ot the Carlsbad Inn Beach and Tennis Re- sort. The proposed beach club facility will consist of 960 square feet of beachfront wood decking to be used by hotel guests for sunning and passive recreation, 2420 cubic feet of enclosed space for storage of beach recreation equipment, land- scaping, design treatments and two parking spaces. The City of Carlsbad has con- ducted an environmental review of the above described project pur- suant to the Guidelines for Imple- mentation of the California Envi- ronmental Quality Act and the En- vironmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declara- tion (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justi- fication for this action is on file in the Land Use Planning Office. M A copy Of the Negative Declara- -«tion with supportive documents is «bn file in the Land Use Planning Office. City Hall, }200 Elm Avenue, Carlsbad, CA. 92008.. Comments from the public are invited. Please submit comments in vi^riting to the Land Use Planning Office within ten (10) days of date of issuance. Dated: July 18, 1985 Case No: ZC-327/CUP-271 Applicant: CARLSBAD INN BEACH CLUB CHARLES GRIMM for MICHAEL J. HOLZMILLER Land Use Planning Manager CJ 3385: July 24, 1985 notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: . July 24 19. .85 19 19 19 19. . I certify under penalty of perjury that the foregoing Is true and correct. Executed at Carlsbad, County of San Diego, State of California on the 24th day of , July.. 1985 . qrvii 4>\iliW,/iy . Clerk of the Printer CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPARTMENT USE ONLY) (FOR DEPARTMENT USE ONLY) • Administrative Permit • Planned Industrial Permit • Administrative Variance • Planning Commission Determination Coastal Development Permit • Precise Development Plan • Conditional Use Permit • Redevelopment Permit • Condominium Permit • Site Development Plan • Environmental Impact Assessment • Special Use Permit • General Plan Amendment • Specific Plan • Hillside Development Permit • Tentative Parcel Map Obtain from Engineering Department • Local Coastal Program Amendment • Tentative Tract Map • Master Plan • Variance • Non-Residential Planned Development • Zone Change • Planned Development Permit • List other applications not specified 2) ASSESSOR PARCEL NO(S).:>-ettrttroriT 2^ g> - 7^ I " O 5^0 3) PROJECT NAME: CUP 271 x 4 - Carlsbad Inn Beach Facility 4) BRIEF DESCRIPTION OF PROJECT: Extension to Conditional Use Permit 271 x 4 for the Carlsbad Inn Beach Facility 5) OWNER NAME (Print or Type) Carlsbad Inn, LTD. 6) APPLICANT NAME (Print or Type) Hofman Planning Associates MAILING ADDRESS 1442 Camino Del Mar, Ste. 215 MAILING ADDRESS 5900 Pasteur Ct, Ste. 150 CITY AND STATE ZIP TELEPHONE Del Mar CA CITY AND STATE ZIP TELEPHONE Carlsbad CA 760-438-1465 EMAIL ADDRESS:/ EMAIL ADDRESS: emunoz@hofmanplanning.com 1 CERTIFY THAT 1 AM THE LEGAL OWNER AND THAT ALL THE ABOVE ONFORMATlQbJ Is/jifttjC' AND CORRECT TO THE BEST OF MY KhlpVVLEDG^,^-'^ \ / 1 CERTIFY THAT 1 AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. STGNATUI^fp^^/^ DATE SIGNATURE DATE 7) BRIEF L^GAL DESCRIPTION Lot / ^ C^^I^J X.nc^^ <^^^io ^ C^j^l r^^^^ c^K^CA NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M. Form 14 Rev. 12/04 PAGE 1 OF 5 8) LOCATION OF PROJECT: 3075 Carlsbad Boulevard ON THE BETWEEN West (NORTH, SOUTH, EAST, WEST) STREET ADDRESS SIDE OF HWY 101 (NAME OF STREET) Oak AND Carlsbad Village Drive (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 10) PROPOSED NUMBER OF LOTS 13) TYPE OF SUBDIVISION 11) NUMBER OF EXISTING RESIDENTIAL UNITS 16) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 19) GROSS SITE ACREAGE 22) EXISTING ZONING 14) PROPOSED IND OFFICE/ SQUARE FOOTAGE 17) PROPOSED INCREASE IN ADT 20) EXISTING GENERAL PLAN 23) PROPOSED ZONING (NAME OF STREET) 12) PROPOSED NUMBER OF RESIDENTIAL UNITS 15) PROPOSED COMM SQUARE FOOTAGE 18) PROPOSED SEWER USAGE IN EDU 21) PROPOSED GENERAL PLAN DESIGNATION 24) HABITAT IMPACTS IF YES, ASSIGN HMP # Y/N 25) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS [0 INSPECT AND ENTEg^HE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT ;NTRY FOR THL8WRP0SE ruF FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE FEE REQUIRED RECEIVED JAN 1 9 2006 DATSiTy^^flP/fi'lQA^A<SBA&IVED PLANNING DEPI RECEIVED BY: TOTAL FEE REQUIRED Form 14 Rev. 12/04 PAGE 2 OF 5 City of Carlsbad Planning Departnnent DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, fim, co-partnership, joint venture, association,- sodM club, fiatemal organization, corporation, estate, trust, receiver, syndicate, in this and any other county,' cil^ .and-coun^ city municipality, district or other political subdivision or any other group or cortibinationacting as a^uiiit.*' Agents may sign this document; however, the legal name and entity or ihe aiqjKciantand,prftper^ ownra:must be provided below. ' 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the- names, title, addresses of all individuals owning more than 10% of the shares.-IF-NO INDIVIDUALS OWN MOKE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Corp/Part CAOS^M^'^h. ^TQ Person Title Title , Address Address D^LHATL.^ CA ^7^1 Y OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a pubUclv- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Corp/Part. Title Title Address Address OMJ^eADXh}Kj ^3 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 ^ 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust [ Non Profit/Trust Title Title Address Address Have you had more than $250 worth of business transacted with any member of City staff. Boards, Commissions, Committees and/or Coimcil within the past twelve (12) months? • Yes . "X No If yes, please indicate person(s):_ NOTE: Attach additional sheets if necessary. certify that all the aboy^^formation is true and correctto the best of my Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date ^gnc Hu/Ho^ - 14^^ FUMHINC^ A?OC.-^ Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 Hofman Planning Associates RECEIVED Planning Fiscal Services Environmental CITY OF CARLSBAD PLANNING DEPT January 18, 2006 City of Carlsbad - Planning Department Attn: Erin Endres 1635 Faraday Avenue Carlsbad, CA 92008 REQUEST FOR CUP EXTENSION: CUP 271 x 4 - Carlsbad Inn Beach Facility Hofman Planning Associates represents the owners of the above referenced project, and in response to your letter dated December 20, 2005, hereby requests an extension to Conditional Use Permit 271 x 4 for the Carlsbad Inn Beach Facility. Attached please find a completed Disclosure Statement and check for the processing fee of the CUP extension. We understand this item will go before the Planning Commission for approval at the earliest date possible. Please forward any notices or correspondence regarding this matter to my attention; and feel free to contact me at anytime. Sincerely, ERIC MUNOZ Principal Planner - HPA c: Tim Stripe, Grand Pacific Resorts Randal Chapin, Carlsbad Inn-General Manager 5900 Pasteur Court • Suite 150 • Carisbad • CA 92008 • (760) 438-1465 • Fax; (760) 438-2443 Carisbad BEACH RESORT July 13,2000 Ms. Chris Sexton City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, CA 92008 Subject: CUP 271x2 Extension - Carlsbad Irm Beach Facility Dear Ms. Sexton: In response to your "Notice of Expiration" letter, I hereby request an extension of CUP 271x2 for the Carlsbad Inn Beach Facility. We have been meeting all of the conditions of this CUP and have had no complaints related to this CUP. As requested in your letter, this letter serves as my written request for an extension, and a completed Disclosure Statement and a check in the amount of $540 are enclosed. If you have any questions or need any additional information please feel free to call me at 858-755-3991, or Stuart Fisk of Hofman Planning Associates at 438-1465. Sincerely, James M. Watkins attachments 3075 Carlsbad Boulevard • Carlsbad, California 92008 (760) 434-7020 Hofman Planning leHer of Transmittal Associates Planning Project Management Fiscal Analysis Date: July 7,2000 Project: CUP 271 x2 Extension - Carlsbad Inn Beach Facility Delivered by: HPA Attention: Cindy Jacques Message: Attached are two of the items required for an extension of CUP 271x2 for the Carlsbad Irm Beach Facility: 1) A draft letter to the City of Carlsbad requesting an extension of CUP 271x2. I have included both a hard copy of the letter and a copy on a 3.5" disk. We need to have this letter transferred to Carlsbad Irm, Ltd. letterhead and have it signed by James Watkins. 2) A Disclosure Statement listing required ownership information. Signatures are required from the owner and applicant on page 2 of this form and Section 5 of this form (business transaction of more than $250) must be completed. We will also need a check in the amount of $540, made payable to the City of Carlsbad, before we can submit for an extension for the CUP. Once you have received the completed letter, signed Disclosure Statement and application check please send them to me and I will submit them to the City and track their progress toward a Planning Commission hearing. Please note that we must submit the above items and the $540 check before July 17, 2000. If you have any questions or need any additional information please call me at 438-1465. From: StUCUt fUh 5900 Pasteur Court • Ste 150 • Carlsbad • CA • 92008 • 760-438-1465 • Fax 760-438-2443 DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information must be disclosed: 1. APPLICANT List the names and addresses of all persons having a financial interest in the application. Carlsbad Inn, Ltd. SEE ATTACHED "PARTNERSBWNERSHIP P.O. Box 468 LIST Carlsbad, CA 92018 OWNER List the names and addresses of all persons having any ownership interest in the property involved. C.^rlc^h^rl Tnn, T.i-^ SEE ATTACHED "PARTNER OWNERSHIP' P.O. Box 468 LIST Carlsbad, CA 92018 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. SEE ATTACHED "INDIVIDUALS OWNING MORE THAN 10%" LIST If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust. SEE ATTACHED "TRUSTEE" LIST Have you had more than $250 worth of business transacted with any member of City staff. Boards, Commissions, Committees and/or Council within the past twelve (12) months? I I Yes No If yes, please indicate person(s): Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fratemai organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." NOTE: Attach additional sheets if necessary. Signature of owner/date Signature of applicant/date James M, Watkins James M. Watkins Print or type name of owner Print or type name of applicant Citv of Carlsbad Planning Department July 7, 2000 Carlsbad Inn Ltd P 0 Box 4060 Carlsbad CA 92018 SUBJECT: CUP 271x2 - CARLSBAD INN BEACH FACILITY Our records indicate a letter was sent to you on June 1 5, 2000 advising you that your Conditional Use Permit (CUP) No. 271x2 was due to expire on July 17, 2000. To date, we have not received a response. We are enclosing a copy of the letter previously sent. If we do not hear from you by July 13, 2000 your CUP will become null and void and the usage will be required to cease. Should you have any questions, please contact Chris DeCerbo at (760) 602-4611. Sincerely, Chris Sexton Planning Department c: File Copy Chris DeCerbo 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 ^ mattec) IS' o. City of Carlsbad Planning Department NOTICE OF EXPIRATION June 15, 2000 Carlsbad Inn Ltd P 0 Box 4060 Carlsbad CA 92018 SUBJECT: CUP 271x2 - CARLSBAD INN BEACH FACILITY In a recent audit of our records, we found that CUP 271x2 - Carlsbad Inn Beach Facility, located at 3037 Ocean Street, will expire on September 19, 2000. Should you, the property owner, require an extension of this permit, please send the following: y Written request for an extension; y Completed Disclosure Statement (enclosed); and y A check in the amount of $540. Send the required documents and warrants to: Chris Sexton City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad CA 92008 Your request for an extension must be received before July 17, 2000, to allow adequate time to process your application and schedule a hearing before the Planning Commission. If you do not request an extension by this date, the permit will be considered invalid and to continue operating, you will be required to submit an application for a new permit, along with a check in the amount of $2,680. Should you have any questions, please contact your staff planner, Chris DeCerbo, in the Planning Department at (760) 602-4611. Sincerely, CHRIS SEXTON c: File Copy Staff Planner 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 ^ Citv of Carlsbad Planning Department PLANNING COMMISSION NOTICE OF DECISION April 14, 2006 Hofman Planning Associates 5900 Pasteur Ct, Suite 150 Carisad, CA 92008 SUBJECT: CUP 271X4 - CARLSBAD INN BEACH FACILITY At the Planning Commission meeting of April 5, 2006, your application was considered. The Commission voted 7-0 to APPROVE your request. The decision of the Planning Commission became final on April 5, 2006. The time within which judicial review of this decision must be sought is govemed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of 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 Assistant Planning Director, Don Neu, Secretary of the Planning Commission, 1635 Faraday Avenue, Carlsbad, CA 92008. If you have any questions regarding the final dispositions of your application, please call the Planning Department at (760) 602-4600. Sincerel DOJV NEU Lr'^Sistant Planning Director DN:EE:ls Enclosed: Planning Commission Resolution No. 6049 c: Grand Pacific Carlsbad L.P. 5900 Pasteur Ct #200 Carisbad, CA 92008 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us NOTICE OF EXEMPTION I I Office of Planning and Research P.O. Box 3044 Sacramento, CA 95812-3044 ^ _ „ ¥ D L XI SD County Clerk Attn: Anthony J. Consul Mail Stop A-33 1600 Pacific Highway San Diego CA 92101 From: CITY OF CARLSBAD Planning Department 1635 Faraday Avenue Carlsbad CA 92008 Gregory J. Smith, Recorder/County Clerk (760) 602 4600 APR 1 1 2006 DEPUTY Subject: Filing of this Notice of Exemption is in compliance with Section 21152b of the Public Resources Code (Califomia Environmental Quality Act). Project Title: Carlsbad Inn Beach Facility Project Location - Specific; 3037 Ocean St Project Location - City: Carlsbad Project Location - County; San Diego Description of Project; To allow the continued operation of Carlsbad Inn's private beach club facility. Name of Public Agency Approving Project: City of Carlsbad Name of Person or Agency Carrying Out Project; Hofman Planning Associates Name of Applicant: Hofman Planning Associates Applicant's Address: 5900 Pasteur Ct. Ste 150 Applicant's Telephone Number: 760-438-1465 ^ILEDINTHEOFhlChuMHtCOiji^ i Y CLERK San Dtego Countv on ^osted Exempt Status: (Clieck One) • Ministerial (Section 21080(b)(1); 15268); • Declared Emergency (Section 21080(b)(3); 15269(a)); agency on • Emergency Project (Section 21080(b)(4); 15269 (b)(c)); '^P^'tv ^ Categorical Exemption - State type and section number: 15301 • Statutory Exemptions - State code number: m Re. invec Reasons why project is exempt; Existing facility. Lead Agency Contact Pefspn: Erin Endr^gs^, Telephone; (760) 602-4625 ICELA ESCOBAR-ECK, Planning Director Date received for filing at OPR: Date Revised November 2005 STATE OF CALIFORNIA - TAWESOURCES AGENCY _ « •-• « t- i- DEPARTMENT OF FISH AND GAME 27 0535 ENVIRONMENTAL FILING FEE CASH RECEIPT DFG 753.5a (8-03) Lead Agency. City of Carlsbad Date. 04/11/2006 County / state Agency of Filing: San Diego Document No.: Project Title: Carlsbad Inn Beach Facility Project Applicant Name: Hofman Planning Associates Phone Number: (760)438-1465 Project Applicant Address: 5900 Pasteur Ct. Ste 150 Project Applicant (c/7ec/(appTOpr/afe/)ox): Local Public Agency | | School District | 1 Other Special District | | State Agency Private Entity [/J CHECK APPLICABLE FEES: ) Environmental Impact Report $850.00 ) Negative Declaration $1,250.00 ) Application Fee Water Diversion (Sfafe Water Resources Control Board Only) $850.00 ) Projects Subject to Certified Regulatory Programs $850.00 ) County Administrative Fee $25.00 /) Project that is exempt from fees TOTAL RECEIVED $ ° °° Signature and title of person receiving payment: WHITE - PROJECT APPLICANT YELLOW-DFG/FASB * PINK - LEAD AGENCY GOLDENROD - STATE AGENCY OF FILING STATE OF CALIFORNIA - IBPRESOURCES AGENCY DEPARTMENT OF FISH AND GAME ENVIRONMENTAL FILING FEE CASH RECEIPT DFG 753.5a (8-03) Lead Agency: City of Carlsbad 270535 Date: 04/11/2006 County / State Agency of Filing: San Dlego Document No.: Project Title: Carlsbad Inn Beach Facility Project Applicant Name: Hofman Planning Associates Phone Number: (760) 438-1465 Project Applicant Address: 5900 Pasteur Ct. Ste 150 Project Applicant (c/7ec/<apprapriafe 6ox): Local Public Agency School District Other Special District | | State Agency jjj^ Private Entity CHECK APPLICABLE FEES: $850.00 $1,250.00 $850.00 $850.00 $25.00 ) Environmental Impact Report ) Negative Declaration ) Application Fee Water Diversion (Sfafe Water Resources Control Board Only) ) Projects Subject to Certified Regulatory Programs ) County Administrative Fee /) Project that is exempt from fees " TOTAL RECEIVED Signature and title of person receiving payment: WHITE - PROJECT APPLICANT YELLOW - DFG/FASB PINK - LEAD AGENCY GOLDENROD - STATE AGENCY OF FILING NOTICE OF EXEMPTION • CITY OF CARLSBAD Planning Department 1635 Faraday Avenue Carlsbad CA 92008 Office of Planning and Research From: P.O. Box 3044 Sacramento, CA 95812-3044 ^ „ „ F D L SD County Clerk (3r9goryJ.SmW,,Recorder/CmintyCterk ^^^^^ 602-4600 Attn: Anthony J. Consul y^pp -j ^ 2Q% Mail Stop A-33 1600 Pacific Highway San Diego CA 92101 DEPUTY . • ' •'••• Subject: Filing of this Notice of Exemption is in compliance with Section 21152b of the'public Resources Code (Califomia Environmental Quality Act). Project Title: Carlsbad Inn Beach Facility Project Location - Specific; 3037 Ocean St Project Location - City: Carlsbad Project Location - County: San Diego Description of Project: To allow the continued operation of Carlsbad Inn's private beach club facility. Name of Public Agency Approving Project: City of Carlsbad Name of Person or Agency Carrying Out Project: Hofman Planning Associates Name of Applicant: Hofman Planning Associates Applicant's Address: 5900 Pasteur Ct. Ste 150 Applicant's Telephone Number; 760-438-1465 FILED IN THEOFFIChOI- IHE COUNTY CLERK Exempt Status: (Check One) San Diego (k)untv on APR 11 2Q06 • Ministerial (Section 21080(b)(1); 15268); Posted APR 11 Removed • Declared Emergency (Section 21080(b)(3); 15269(a)); f'eturned to agency on, • Emergency Project (Section 21080(b)(4); 15269 (b)(c)); Deputy 13 Categorical Exemption - State type and section number: 15301 • Statutory Exemptions - State code number: Reasons why project is exempt; Existing facility. Lead Agen<^ Contact Person; Erin Endp Telephone; (760) 602-4625 rCELA ESCOBAR-ECK, Plannii)g Director Date received for fding at OPR: Date Revised November 2005 PROOF OF PUBLIC^ION (2010 & 2011 C.C.P.) This space is l^the County Clerk's Filing Stamp STATE OF CALIFORNIA Coimty of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of Califomia, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: March 24*\ 2006 I certify (or declare) under penalty of peijury that the foregoing is true and correct. Dated at SAN MARCOS Califomia This 24* Day of March, 2006 Proof of Publication of PLANNING COimiBSKgrPOBUC HEARINg NOTICE IS HEREBY GIVEN to you. because your Inter-est may be affected, ttiat ttie Planning Commission of the City of Carlsbad will hold apublic hearing at the Counon Chambers, 1200 Carlsbad Village Drive. Carlsbad, Cali< fornia, at 6:00 p.m. on Wednesday, April 5, 2006, to consider the following: 1) CUP .271x4 - CARLSBAD INN BEACH fAPIUTY -Request for a 5 ii year retwacBve extension of CUP 271x2 and approve GUP271x4 in perpetuity to allow the continued operation of Carisbad Inn's private beach club facility on the west side of Ocean Street approximated 200 feet south of the intersection of Carlsbad Village Dnve and Ocean Street in the Mello II Segment of the Local Coastal Program and in Local FadliUes Manage-ment Zone 1. i The jgroject is exempt from the Califomia Environmental "^^y'ril^JS^^l'l may be lim-raised at the tiea^ rtiS-ri^Si iS'.i!°meo^^ else at or pnor to tfie public h€Brir|^ '^^^ thSte'i?/l5[KlffiS^,' ?^'?:|"J?.«'«/vailable at Monday through Thu?,°dTy 1^8 SS ^ ll gue^cgis, PleUT^r^^S^^^^^ear^ PUBLISH: March 24,2006 Signature Jane Allshouse NORTH COUNTY TIMES Legal Advertising FlLEt" City of Carlsbad Planning Department NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, April 5, 2006, to consider a request for the following: CASE NAME: CUP 271x4 - CARLSBAD INN BEACH FACILITY PUBLISH DATE: MARCH 24, 2006 DESCRIPTION: Request for a 5 V2 year retroactive extension of CUP 271x2 and approve CUP271x4 in perpetuity to allow the continued operation of Carlsbad Inn's private beach club facility on the west side of Ocean Street approximately 200 feet south of the intersection of Carlsbad Village Drive and Ocean Street in the Mello II Segment of the Local Coastal Program and in Local Facilities Management Zone 1. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. Copies of the staff report will be available online at http://www.ci.cadsbad.ca.us/pdfdoc.html?pid=295 on or after the Friday prior to the hearing date. If you have any questions, or would like to be notified of the decision, please contact Erin Endres in the Planning Department at (760) 602-4625, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00 a.m. to 5:00 p.m. at 1635 Faraday Avenue, Carlsbad, California 92008. APPEALS The time within which you may judicially challenge these projects, if approved, is established by State law and/or city ordinance, and is very short. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. • Appeals to the Citv Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (10) calendar days after a decision by the Planning Commission. CITY OF CARLSBAD PLANNING DEPARTMENT 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us NOT TO SCALE SITE MAP Carlsbad Inn Beach Facility CUP 271x4 PROOF OF PUBLI AlON (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times formeriy known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudged newspapers of general circulation by the Superior Court of the County of San Diego, State of California, under the dates of June 30, 1989 (Blade-Citizen) and June 21, 1974 (Times- Advocate) case number 171349 (Blade-Citizen) and case number 172171 (The Times-Advocate) for the cities of Escondido, Oceanside, Carisbad, Solana Beach and the North County Judicial District; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: Sept. 4, 1997 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated af^li^mfa,^this of Sept. 1997 4th day Signature NORTH COUNTY TIMES Legal Advertising This space iaBr the County Clerk's Filing Stamp Proof of Publication of Notice of Pub3-ic Hearing NOTICE Of PUBUC HEARING NOTICE IS HEREBY GIVEN that ths Planning Commission of tha City of Carlsbad wiH hold a public heating at the Council Chambers, 1200 Carlsbad Village Drive, Cartwad, CaUfomia, at 6:00 p.m. on Wednesday, September 17,1997 to consider a request for a second extension of CUP 271 to allow the con-tinued operation of Carlsbad Inn's private beach club facility on property generally iocat«d at the west side of Ocean Street approximately 200 feet south of the Carisbad Village Drfve/Ocean Street Intersectipn in Local FacUltias Manage-ment Zone 1 and more patHcularty described as: A portion of unnumbered block In the town of Carlsbad, in the City of Carisbad, County of San Oiego, State of Califbmia, ac-cording to the Map thereof No. 535, filed in the office of the County Recorder of San Diego County, and the portion of Ocean Street as shown on said Map, closed to public use. Those persons wishing to speak on this proposal are cordially invted io attend the public hearing. Copies of the staff report any questions, please call Greg Fisher in the Ptannit^ meWat(760)45»-1161,«2rten8ton^8^ V- Iv^ If you challenge the CohdtBonai "-^ • Use Permit Extenskin in court, you may be limited to raising only ttiose issues you or some-one else raised at the publte hearing described in this nottee or in written coffespondenoe delivered to the CIfy of Carisbad at or prior to the public hearina „„ ^„ &ASE FILE: CUP 27x12 CASE NAME; CARLSBAD INN BEACH FACILITY CITY OF CARLSBAD PLANNING DEPARTMENT Le^i 50856 September 4,1997 City of Carlsbad Planning Department NOTICE OF PUBUC HEARING NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, September 17, 1997, to consider a request for a second extension of CUP 271 to allow the continued operation of Carlsbad Inn's private beach club facility on property generally located at the west side of Ocean Street approximately 200 feet south of the Carlsbad Village Drive/Ocean Street intersection in Local Facilities Management Zone 1 and more particularly described as: A portion of unnumbered block in the town of Carlsbad, in the City of Carlsbad, County of San Diego, State of Califomia, according to the Map thereof number 535, filed in the office of the County Recorder of San Diego County, and the portion of Ocean Street as shown on said Map, closed to public use. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after September 11, 1997. If you have any questions, please call Greg Fisher in the Planning Department at (760) 438-1161, extension 4328. If you challenge the Conditional Use Permit Extension in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE: CUP 271x2 CASE NAME: CARLSBAD INN BEACH FACILITY PUBLISH: SEPTEMBER 4, 1997 CITY OF CARLSBAD PLANNING DEPARTMENT 2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (619) 438-1161 • FAX (619) 438-0894 CARLSBAD INN BEACH FACILITY CUP 271x2 PROOF OF PUBLldlPlON (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudged newspapers of general circulation by the Superior Court of the County of San Diego, State of California, under the dates of June 30, 1989 (Blade-Citizen) and June 21, 1974 (TimSs- Advocate) case number 171349 (Blade-Citizen) and case number 172171 (The Times-Advocate) for the cities of Escondido, Oceanside, Carlsbad, Solana Beach and the North County Judicial District; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: Sept 1997 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated afff^li^&riW.^his. of f^pt. 1Q97 day ^ Signature'' NORTH COUNTY TIMES Legal Advertising This space iljBf the County Clerk's Filing Stamp Proof of Publication of Ncti«>5 of Publao Hear •ina re f HEKpV"ii?iN7hl^{feS?g°Commiss cf the CiN of Carisbad will hold a public hearts at me Cmndi at 6.00 p.m. on Wednesday, September 17, 1997 to consider a request for a second extension of CUP 271 to allow the con-ttnued operation of Carisbad inn's private beach cXbfaX on property generally located at the west sWe of Ocean Street approximately 20rf feat south of the Car sbad VH Loe S2^?'7^1?V intersection in Local Facilities Manage-ment Zone 1 and more particuiariy described as- riK'nf°r=lK"H"P''®'?^ 1'?!*'ow" of Carisbad, in the City of Carisbad County of San Diego, State of California ac- rnnnfS S JheW No. 53? <ilid n t|!,e Xe of fhe nn^ri^Q?,!'=?'''^V°f County, and the portSn of Ocean Street as shown on said Map, closed to pubifc use Jn^^^ ^£^^ propMal a e rardialiy invted to attend the public hearing. Copies of the staff reimft will be available on and after Septembe? 11 1997 ySu have any questions, please call Greg Fisher In the Planning Depart-ment at (760) 438-1161, extension 4328. If you challenge the Conditional Use Permit Extension in court, you may be limited to raising only those issues you or some-one else raised at the public hearing described in this notice or In written con-espondence delivered to the City of Carisbad at or prior to the public hearing. CASE FILE: CUP 27x12 CASE NAME: CARLSBAD INN BEACH FACILITY CITY OF CARLSBAD PLANNING DEPARTMENT Legal 50856 September 4,1997 CARLSBAD INN BEACH FACILITY £UUU8 Ity of Carlsbaci Planning Department NOTICE OF EXPIRATION March 25, 1996 James Watkins Carlsbaci Inn, Ltd. P.O. Box 2089 Del Mar CA 92014 SUBJECT: Conditional Use Permit In a recent audit of our records, we found that CUP No. 271x1 expired on September 19, 1995. Should you, the property owner, require an extension of this permit, please send the following: y Current business name (site of permit); / Current business (site of permit) owner's name and phone number; y Written request for an extension (please sign and print your name); y Your mailing address (if different from above); y Your phone number where we can reach you during business hours; and y A check in the amount of $400 ($55 for non-profit organizations). Send the required documents and check to: Attn: Brandi King City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad CA 92009 We are in the process of establishing new procedures for handling CUP extensions and therefore will be granting additional time for the processing of your request. Your request for an extension must be received before April 25, 1996, to allow adequate time to process your application and schedule a hearing before the Planning Commission. If you do not request an extension by this date, the permit will be considered invalid and to continue operating, you will have to submit an application for a new permit, along with a check for $2,500 ($120 for non-profit organizations). If you have any questions, please contact your staff planner, Anne Hysong, in the Planning Department at (619) 438-1161, extension 4477. Sincerely, BRANlil1<ING Senior Office Specialist c: Anne Hysong File Copy :'()/', I .1', J'.timiis Drive - Cu Isl >, ui. Califfii ni; i )<)'» - ^^^\'))A:^H IM.I DATE: AUGUST 15, 1990 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: CUP271X1 - CARLSBAD INN BEACH FACILITY Staff recommends that the following condition be added to Resolution NO. 3080: 3. The project shall provide signage to be located at the top and at the bottom of the stairway providing notification that the stairway is public access, to the satisfaction of the Planning Director. August 2, 1990 # TO: GARY WAYNE, ASSISTANT DIRECTOR OF PLANNING - I,' FROM: Gary Kellison, Associate Engineer CUP 271 X 1 - CARLSBAD INN The City of Carlsbad has accepted lateral and vertical beach access easements through the Carlsbad Inn's beach cabana. Attached is Coastal Commission's staff report and list of conditions for the original development. It appears that the Carlsbad Inn has not complied with the condition requiring signage similar to other City beach access points. Can Planning review the CUP application to verify that an acceptable public beach access is maintained? GARY KELLISON GK:jkb DATE: - ' 3/^^/ TO: PLANNING DEPARTMENT FROM: ENGINEERING DEPARTMENT. DEVELOPMENT DIVISION 0^ ^ ^f^^^ SUBJECT: INITIAL REVIEW AND ASSESSMENT OF ^rTg: fiAvJ ^np CUP -2.-71 , PL 8>5-^S Attached, are Initial Review and Assessment Sheets for subject project. The documents submitted for this project are: Complete and suitable for continued review. Incomplete. The Developer should be advised to submit the items marked in the "Non-Accept" and "Not Addressed" columns. Further processing will not proceed until all required data is received. documents have been reviewed to establish an initial assess Jt of the project. The review indicates: Insufficient data has been provided to make determinations of significance. The project should not receive a negative declaration or be scheduled for hearing until additional data is received. Please contact roe. "Mild" to "Normal" concern. The Engineering Department anticipates submittal of comments and/or conditions by the date requested. • "Severe" concerns. The project should not receive a negative declaration or be scheduled for hearing until the items Indicated *Sevefe"are resolved. This project Is otherwise a candidate for denial. Please contact me. ADDITIONAL COMMENTS: 9^...;\. T^x...^r.^. . TT^V^ _ y yp.—U^^^ Attachment CITY OF CARLSB.I ENGINEERING DEPARTMENT DEVELOPMENT PROJECTS PROJECT IDENTIFICATION: r.v^P i ^Z-C ?>^"7. P\^ ^g>.?g. PROJECT NAME: P.^.UWJ^ \..^ ^.^rl PROJECT L0CATI0'N:_Q tr-»5 PROJECT DESCRIPTION: '^^^^^j.A ^^^kvL^ Jj/^^A^^ ENGINEER: Q. ASSIGNED PLANNER; QU^s INITIAL CHECKLIST RECEIVED FROM: P\,. REVIEWED BY:_Q£^ FORWARD TO: CV^.. ^(.^L. DATE DATE: DATE . FIRST suwmw. SECOND SUSNITTM. PLAN QUALITY Non [Accept[Accept 1. Name and address of the Owner whose property Is proposed bre developed. 2. Name and address of the Developer. 3. Name, address, and registration number of the Architect or Registered Civil Engineer who Is In responsible charge of the project. 4. North point and scale of the plans. 5. Date of preparation and revision of the plan. 6. The street address(es) and Assessor's Parcel Nuniber(s} of the 1ot(s) proposed to be developed. 7. Location of the following facilities and physical features, labeled "existing" or "proposed", that are within 100 feet of the project: A. Driveways and Alleys Street Intersections Curb and Gutter Sidewalks Roadway Position and Naow Roadway Cross"SectIon Median Islands Btiildings Utility Facilities Exlstlnj Contours] Tl' Intervals for slopes less than Proposed Contours] SI, 2' Intervals for slopes between ,SS and lOX, and 5' Intervals for [slopes over lOX.] Drainage Facilities Water Courses Traffic Control Facilities Other Improvemnts (Swlmlng Pools, Retaining Walls,Etc. 8. The location of the following facilities and physical fea- tures, labeled "existing* or 'proposed* on the project site: A. Item enuaarated In Iteii 7, above B. Major vegatation with size and type C. Free-standing signs. 0. Parking stalls and facilities E. Landscaping 9. Locations(s) and use(s) of easements 10. Quantities of soil Import, export, and total quantity noved.r in cubic yards. 11. A Vicinity Nap S. C. D. E. F. G. H. I. J. K. L. M. N. 0. CJ MEMORANDUM DATE: TO: FROM: SUBJECT: Proposal 3 ho Us Engineering,(Fire DepartmentT^^uilding, and Parks and Recreation ' ^ Planning Department Request for Review and Corciment on Application No. z.c^i^'ZJi /^uf on) pAQL^Arie? /WJ ms Project Planner OU/2.1 ^ This item has been tentatively scheduled for the Planning Commission meeting of Please review and submit written comments and/or conditions to the Planning Department by fi^p^id. ^j /^B^ If not received by that date, 'it? will be assmned that you have no comment and that the proposal has your endorsement as s\ib- mitted. Thank you^ Comment /Vc^ ATTACHMENTS Location Map Project map or plans (if any) MH: jt # <^A% Costa Real Municipal Water District ^^^^^ 5950 Camino Real, Carlsbad, CA 92008 Telephone: (619)438-2722 CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CALIF. RE : ZC- g>27/cuP Z7I (Cft2/S&\b \m) To whom it may concern; Please be advised that the above mentioned project has been reviewed by this District and it has been determined to have no adverse effect upon the District's services. If there are any further questions concerning this matter, either now or in the future, please don't hesitate to contact this office. Engineering Department. MEMORANDUM DATE: TO: FROM: SUBJECT: Proposal 3/scji5 Engineering, Fire Department, Building, and Parks and Recreation Planning Department Request for Review and Comment on Application ^o-Z.C^'^'Zn /^up Oni nj.a.L:.AAC /is/J Project Planner 0.^/2.1 S This item has been tentatively scheduletd for the Plaiming Commission meeting of Please review and submit written comments and/or conditions to the Planning Department by fi^P^jd, ^ , If not received by that date, 'Iti will be asstnned that you have no comment and that the proposal has your endorsement as sub- mitted. Thank you. Comment - r>iCir*cri\Air~r> i<c o CI i V c: L/ WUUDSIDE-KUBOlA & AiSOC. CONSULTING ENGINEERS CAR Li. BAD ATTACHMENTS Location Map Project map or plans (if any) MH: jt Notice of DetermiflVtion To: _ Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 County Clerk County of San Diego Attn: Mail Drop C-11 220 West Broadway San Diego, CA 92101 From: City of Carlsbad Planning Department 2075 Las Palmas Dr. Carlsbad, CA 92009 (619) 438-1161 [p RoM 0. ^iLwilt. Ctert [l) SEP 2 6 1990 Project No.: CUP 271x1 Filirig of Notice of Determinatiou in compliance widi Section 21108 or 211^2 of the Public Resources Co^e. Carlsbad Inn Beach Facilitv Project Title Aime Hysong (619)438-1161, ext. 4328 State Clearinghouse Nimiber Lead Agency Area Code/Telephone/Extension (If submitted to Clearinghouse) Contact Person 3037 Ocean Avenue Project Location (include county) Project Description: This is to advise that the City of Carlsbad has approved the above described project on September 19,1990 and has made the following determinations regarding the above described project. 1. The project will not have a significant effect on the environment. 2. The project has received Prior Enviroiunental Review. 3. Mitigation measures were not made a condition of the approval of the project. 4. A statement of Overriding Considerations was not adopted for tliis project 5. Findings were not made pursuant to the revisions of CEQA. This is to certify that the final EIR with comments and responses and record of project approval is available to the General Pubhc at THE CITY OF CARLSBAD. ' Date PLANNING DIRECTOR MICHAEL J. HOISMILLE: Date received for filing at OPR: TITLE AH:km PILED IN THE OFFICB OF THE COUNTY CLERK, SAN DIEQO COUNTY ON SEP 2 6 1990 POSTiiD SEP 2 6 1990 REMOVED OCT 2 6 1990 RETURNED TO AGENCY ON lO-^-'^O DEPUTY m Revised October 1989 FEE: • $175.00 RECEIPT NO: ENVIRONMENTAL IMPACT ASSESSMENT FORM - Part I (To Be Completed by APPLICANT) CASE NO: DATE: March 5, 1985 Applicant: Carlsbad Inn. Limited Address of Applicant: P. 0. Box 2089 Del Mar, Califomia 92014 Phone Number: ( 619 ) 755-7778 Name, address and phone number of person to be contacted (if other than 619/755-7778 Applicant): Judi Carroll, Dir. of Development, P. 0. Box 2089, Del Mar, CA 92014 GENERAL INFORMATION: Description of Project: CARLSBAD INN BEACH CLUB FACILITY consisting of landscaping, decks and enclosed equipment storage and distribution space. Project Location/Address: 3037 Ocean Avenue, Carlsbad, CA 92008 Assessor Parcel Number: 203 - 251 - 05 Zone of Subject Property: ^"3 Proposed Use of Site: Sundeck area for owners and guests of the Carlsbad Inn Beach and Tennis Resort during their stay. Also 240 sq. ft. of enclosed space for storage of recreation equipment vvhich will be disbursed by an attendant. List all other applicable applications related to this project: Carlsbad Inn Beach and Tennis Resort Environmental impact Assessments for grading permits must be accompanied ith a qradina plan and grading profile. Wl Describe the activity area, including distiguish^^ natural and man- made characteristics; also provide precise slope analysis when appropriate. TWo parking spaces, three levels of decking (680 sq. ft.) consistent with existing tojxjgraphy and beach access stairway. 3. Describe energy conservation measures incorporated into the design and/or operation of the project. Operating hours will generally be limited to daylight hours and there will be no cooking facilities thereby creating minimal energy consumption. 4. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected. N/A 5. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities. N/A 6. If industrial, indicate type, estimated employment per shift, and loading facilities. N/A 7. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project. N/A -2- l^^NALYSIS I. ENVIRONMENTAL IMPAC^ANALYSIS Answer the following questions by placing a check in the appropriate space. (Discuss all items checked "yes". Attach additional sheets as necessary.) 1) Could the project significantly change present land uses in the vicinity of the activity? 5) Could the activity increase the number of low and modest cost housing units in the city? 7) Are any of the natural or man-made features in the activity area unique, that is, not found in other parts of the county, state or nation? 13) Could the activity change existing features of any of the city's lagoons, bays, or tidelands? 14) Could the activity change existing features of any of the city's beaches? 15) Could the activity result in the erosion or elimination of agricultural lands? 16) Could the activity serve to encourage development of presently undeveloped areas or intensify develop- ment of already developed areas? -3- YES NO X 2) Could the activity affect the use of a recreational area, or area of important aesthetic value? ^ 3) Could the activity affect the functioning of an established community or neighborhood? 4) Could the activity result in the displacement of community residents? X X 6) Could the activity decrease the number of low and modest cost housing units in the city? X X 8) Could the activity significantly affect an historical or archaeological site or its settings? X 9) Could the activity significantly affect the potential use, extraction, or conservation of a scarce natural resource? X 10) Does the activity significantly affect the potential use, extraction, or conservation of a scarce natural resource? X 11) Could the activity significantly affect fish, wildlife or plant life? X 12) Are there any rare or endangered plant species in the activity,area? X_ X X X X YES NO 17) Will the activity require a variance from established environmental standards (air, water, noise, etc.)? X_ 18) Will the activity require certification, authoriza- tion or issuance of a permit by any local, state or federal environmental control agency? X 19) Will the activity require issuance of a variance or conditional use permit by the City? X 20) Will the activity involve the application, use, or disposal of potentially hazardous materials? X_ 21) Will the activity involve construction of facilities in a flood plain? X_ 22) Will the activity involve construction of facilities in the area of an active fault? X__ 23) Will the activity involve construction of facilities on a slope of 25 percent or greater? X 24) Could the activity result in the generation of significant amounts of noise? X 25) Could the activity result in the generation of significant amounts of dust? X 26) Will the activity involve the burning of brush, trees, or other materials? X 27) Could the activity result in a significant change in the quality of any portion of the region's air or water resources? (Should note surface, ground water, off-shore.) X 28) Will the project substantially increase fuel consumption (electricity, oil, natural gas, etc.)? X 29) Will there be a significant change to existing land form? X (a) Indicate estimated grading to be done in cubic yards: . (b) Percentage of alteration to the present land form: . (c) Maximum height of cut or fill slopes: 30) Will the activity result in substantial increases in the use of utilities, sewers, drains or streets? X^ 31) Is the activity carried out as part of a larger project or series of projects? X -4- II,• STATEMENT OF NON-SIGNIFICANT ENVIRONMENTAL EFFECTS If you have answered yes to one or more of the questions in Section I but you think the activity will have no significant environmental effects, indicate your reasons below: Physically the proposed improvements are designed to follow and enhance the existing land form and surrounding structures, thereby blending comfortably into the present site. Ihe proposed project is a private facility planned as part of the Carlsbad Inn Beach and Tennis Resort and has been designed to accommodate the owners' and guests' enjoyment and use of the beach. With 960 Sq. ft. of decking area, this appreciably adds to recreational area available for our guests and reduces impact of use along the beach. As a contributing factor in favor of the proposed project, the applicant is willing to consider the dedication of an easement for public access along the stairway on this property, A permit will be required by the Coastal Commission and a conditional use permit will be required by the City of Carlsbad. III. COMMENTS OR ELABORATIONS TO ANY OF THE QUESTIONS IN SECTION I (If additional space is needed for answering any questions, attach additional sheets as needed.) See Exhibit "B" Signature _)fyCapd^ (- Ci4yia£lc^ Person Completing Report) Date Signed March 5, 1985 -5- CARLSBAD INN BEACH CLUB EXHIBIT "B" Managanent and Operating Guidelines Services afforded; There are two primary purposes behind the development of this facility for our guests and owners: 1) to afford ccmfortable, accessible and private beachfront decking area for sunning and passive recreation (board games, reading, sunset watching, etc.); and, 2) to efficiently handle the storage and disbursement of beach equipment (imbrellas, chairs, game equipment, boogie boards, etc.). The facility will be staffed by an attendant w^o will verify the room status of guests, handle disbursement, collection and maintenance of beach gear and be responsible for the good housekeeping and appearance of the Beach Club and general vicinity. of Operation; Year round, generally during daylight hours, beginning at 10:00 a.m. daily. Security planned; 2-3 electronic video surveillance caneras and intercom monitored at the hotel desk 24 hours per day. Lighting; Lew ground and walk lighting, 2 pairs of carriage lights at entry and along west elevation as well as low voltage landscape lighting for effect.