HomeMy WebLinkAboutSDP 05-04x1; DKN Hotel; Site Development Plan (SDP)The City of Carlsbad Planning Department
A REPORT TO THE PLANNING COMMISSION
Item No.
P.C. AGENDA OF: August 4, 2010
Application complete date: March 22, 2010
Project Planner: Austin Silva/Van Lynch
Project Engineer: Clyde Wickham
SUBJECT: SDP 05-04x1 - DKN HOTEL - A request for a two year extension of a Site
Development Plan approved for the demolition of an existing hotel, restaurant,
and single family residence and for the construction of a 3-story, 104-room hotel
project on property located at 3136 Carlsbad Boulevard on the east side of
Carlsbad Boulevard between Pine Avenue and Oak Avenue in Land Use District
9 of the Carlsbad Village Redevelopment Area, in the Village Redevelopment and
Mello II Segments of the Local Coastal Program and in Local Facilities
Management Zone 1.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 6721
APPROVING a two-year extension of Site Development Plan 05-04 based upon the findings
and subject to the conditions contained therein.
II.INTRODUCTION
The applicant has requested a two-year time extension (from August 8, 2010 to August 8, 2012)
of Site Development Plan No SDP 05-04 to allow the demolition of an existing hotel, restaurant,
and single family residence and for the construction of a 3-story, 104-room hotel project on
property located at 3136 Carlsbad Boulevard on the east side of Carlsbad Boulevard between
Pine Avenue and Oak Avenue. The reason for the request is associated with the economy and
related funding to develop the property.
III. PROJECT DESCRIPTION AND BACKGROUND
The subject property consists of two separate parcels (203-250-08 & 26) that are currently owned
by the applicant. The total site area is .84 acres of which, .35 acres is located within the Village
Redevelopment Area with frontage along Carlsbad Boulevard. The remaining .49 acres is
located outside the redevelopment area boundaries and fronts along Lincoln Street.
Currently a 28 room two-story motel (Surf Motel), a 1,125 square foot restaurant (The Armenian
Cafe), and a single-family structure occupy the site, all of which are proposed for demolition.
The subject property is bordered by a 7-Eleven convenience store and other retail uses to the
north, a multi-family residential use to the south, multi-family residential and a proposed mixed-
use project to the east and Carlsbad Boulevard to the west.
The previously approved project consists of the construction of a 62,354 square foot, three-story
hotel with on-site amenities for guests including a breakfast room, business center, and ground-
o
SDP 05-04x1 - DKN HOTEL
August 4, 2010
PAGE 2
floor outdoor dining areas, as well as roof-top dining areas that front Carlsbad Boulevard with an
ocean view. The interior of the hotel includes amenities such as conference rooms, a business
library, guest laundry, a swimming pool & spa, and an exercise room. On-site improvements
include 125 underground parking spaces, a circulation drive aisle, trash enclosures, exterior
lights, and a six-foot tall masonry perimeter wall. The guest rooms vary with king, double,
accessible double and suite rooms.
IV. APPROVAL PROCESS
SDP 05-04 was approved by the Planning Commission and Design Review Board on March 7,
2007 subject to a condition that the approvals would become null and void if building permits
were not issued within 24 months from the date of project approval. The project was
subsequently approved by the Coastal Commission on August 7, 2008. The project approvals
expire on August 7, 2010. The applicant made a timely filing for an extension of the project on
March 22, 2010 and may therefore be considered for the extension request. Accordingly, staff is
recommending that the Planning Commission (Design Review Board no longer in place) approve
the requested two year extension granted from August 8, 2010 resulting in a new expiration date
of August 8, 2012.
The project requires an extension of a Site Development Plan and Coastal Development Permit
for the portion located within the Commercial Tourist Zone (C-T). The Planning Commission
will take action on the request for an extension of the Site Development Permit and is the final
approving body. The extension of the Coastal Development Permit is an administrative action
and will be acted upon by the Planning Director as a subsequent action.
The project also requires an extension of a Major Redevelopment/Review Permit because a
portion of the property is located within the Village Redevelopment/Review (V-R) area and
involves new construction of a building with a building permit valuation greater than $150,000.
The Major Redevelopment/Review Permit serves as the Site Development Plan required by
Chapter 21.35 of the Carlsbad Municipal Code for the portion of the property that falls within the
V-R zone. An extension of the Coastal Development Permit is also required. The Planning
Commission will not be acting on a decision to extend the Major Redevelopment/Review Permit
and Coastal Development Permit as the extension request for those two permits goes straight to
the Housing and Redevelopment Commission/City Council pursuant to Section 2 of the Carlsbad
Village Master Plan and Design Manual.
V. ANALYSIS
A. The DKN Hotel project remains consistent with all applicable plans, policies and
regulations listed below:
1. General Plan; Village Redevelopment/Review (V-R) and Travel/Recreation
Commercial (T-R) Land Use designations;
2. Local Coastal Program; Land Use Plan; Village Redevelopment/Review and Mello II
Segments;
3. Carlsbad Municipal Code, Title 21 (Zoning Ordinance) including:
a. Chapter 21.03 - Coastal Resource Protection Overlay Zone;
SDP 05-04x1 - DKN HOTEL
August 4, 2010
PAGES
b. Chapter 21.06 - Site Development Plan findings required by the Beach Area
Overlay Zone;
c. Chapter 21.29- Commercial Tourist Zone (C-T);
d. Chapter 21.35- Village Redevelopment/Review Zone (V-R) and;
4. Growth Management Ordinance (Local Facilities Management Plan Zone 1).
B. The adopted project findings for SDP 05-04, which are contained in Planning
Commission Resolution No. 6259 and referred to in Planning Commission Resolution
No. 6721 still apply to this project (SDP 05-04x1).
C. The adopted project conditions for SDP 05-04, which are contained in Planning
Commission Resolution No. 6259, still apply to this project (SDP 05-04x1) with the
exception of Condition No. 12 which is replaced by Condition No. 8 in Planning
Commission Resolution No. 6721 to extend SDP 05-04 for 2 years from August 8, 2010
through August 8, 2012.
VI. ENVIRONMENTAL REVIEW
The project has been reviewed pursuant to the California Environmental Quality Act (CEQA).
The Planning Director has determined that the potential environmental effects of the project were
adequately analyzed by the previously adopted Negative Declaration for SDP 05-04/RP 05-
03/CDP 05-14.
ATTACHMENTS:
1. Planning Commission Resolution No. 6721 (SDP 05-04x1)
2. Planning Commission Resolution No. 6259 (SDP 05-04)
3. Planning Commission Resolution No. 6258 (CDP 05-14)
4. Design Review Board Resolution No. 319 (RP 05-03)
5. Design Review Board Resolution No. 320 (CDP 05-14)
6. Location Map
7. Disclosure Statement
8. Applicants request for extension dated March 11, 2010
9. Reduced Exhibits
1 PLANNING COMMISSION RESOLUTION NO. 6259
2
A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
DEVELOPMENT PLAN 05-04 FOR THE DEMOLITION OF A
4 HOTEL, RESTAURANT, AND SINGLE FAMILY RESIDENCE
AND FOR THE CONSTRUCTION OF A 3-STORY, 104-ROOM
HOTEL PROJECT ON PROPERTY LOCATED AT 3136
6 CARLSBAD BOULEVARD ON THE EAST SIDE OF
CARLSBAD BOULEVARD BETWEEN PINE AVENUE AND
7 OAK AVENUE IN THE MELLO II SEGMENT OF THE LOCAL
COASTAL PROGRAM AND IN LOCAL FACILITIES
8 MANAGEMENT ZONE 1.
9 CASE NAME: DKN HOTEL
CASE NO.: SDP 05-04
10
WHEREAS, Dahya Bhai L. and Shantaben Patel, "Developer/Owner," has
, 2 filed a verified application with the City of Carlsbad regarding property described as
13 Portion of Block 18, Town of Carlsbad per Map No. 775,
Recorded 2-15-1894 and Portion of Tract 100, Carlsbad Lands
14 per Map 1661, Recorded 3-1-1915, all in the City of Carlsbad,
County of San Diego, State of California. APN 203-250-08 and
26-00
16
("the Property"); and
17
WHEREAS, said verified application constitutes a request for a Site Development
19 Plan as shown on Exhibits "A" - "R" dated March 7, 2007, on file in the Planning Department,
20 DKN HOTEL - SDP 05-04 as provided by Chapter 21.06/Section 21.53.120 of the Carlsbad
21 Municipal Code; and
22 WHEREAS, the Planning Commission did, on the 7th day of March, 2007 , hold
23
a duly noticed public hearing as prescribed by law to consider said request; and
24
WHEREAS, at said public hearing, upon hearing and considering all testimony
£J
26 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
27 relating to the Site Development Plan.
28 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.
2 B) That based on the evidence presented at the public hearing, the Planning
3 Commission APPROVES DKN HOTEL - SDP 05-04 based on the following
findings and subject to the following conditions:
4
Findings;
1. That the requested use is properly related to the site, surroundings and environmental
settings, is consistent with the various elements and objectives of the General Plan, will
7 not be detrimental to existing uses or to uses specifically permitted in the area in which
the proposed use is to be located, and will not adversely impact the site, surroundings or
° traffic circulation, in that the proposed 104 room hotel use is appropriate in the
Travel/Recreation Commercial Land Use and Tourist Commercial (C-T) Zoning
designations, that the proposed development meets the minimum development
10 standards for the C-T Zone and that adequate separation and buffers would ensure
compatibility with the adjacent Multi-Family Residential and Commercial Uses.
11
2. That the site for the intended use is adequate in size and shape to accommodate the use, in
12 that the project complies with all City policies and standards without the need for a
variance from development standards.
14 3. That all 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
15 provided and maintained, in that the project provides the required setbacks,
incorporates landscaping consistent with the City of Carlsbad Landscape Manual
and screens adjacent land uses from the outdoor recreational component of the site
17 with building mass.
4. That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the project takes vehicular access from
19 Carlsbad Boulevard, a major arterial roadway with adequate capacity to serve the
project. The project presently generates 372 ADT and the existing Carlsbad
Boulevard roadway is adequate to handle 452 ADT increase in the traffic generated
21 by the proposed hotel use, for a total ADT generation of 824 Trips.
22 5. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
23
6. The Planning Commission has reviewed each of the exactions imposed on the Developer
24 contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
26 Conditions:
27
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
28 building permit or grading permit, whichever occurs first.
PC RESO NO. 6259 -2-
1. If any of the following conditions fail to occur, or if they are, by their terms, to be
2 implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
3 revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke, or further condition all certificates of occupancy
4 issued under the authority of approvals herein granted; record a notice of violation on the
r property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
6 or a successor in interest by the City's approval of this Site Development Plan.
7 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Site Development Plan documents, as necessary to make them
• internally consistent and in conformity with the final action on the project. Development
9 shall occur substantially as shown on the approved Exhibits. Any proposed development^
different from this approval, shall require an amendment to this approval.
10
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
12 4. If any condition for construction of any public improvements or facilities, or the payment
13 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
challenged, this approval shall be suspended as provided in Government Code Section
14 66020. If any such condition is determined to be invalid, this approval shall be invalid
, unless the City Council determines that the project without the condition complies with
all requirements of law.
16
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
17 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney's fees incurred by the City arising, directly
19 or indirectly, from (a) City's approval and issuance of this Site Development Plan,
(b) City's approval or issuance of any permit or action, whether discretionary or
20 nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
21 including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions. This obligation
survives until all legal proceedings have been concluded and continues even if the City's
23 approval is not validated.
24 6. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar
copy of the Site Plan reflecting the conditions approved by the final decision-making
25 body.
26 7. Prior to the issuance of a building permit, the Developer shall provide proof to the
27 Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
28
PC RESO NO. 6259 -3-
8. . This project shall comply with all conditions and mitigation measures which are required
2 as part of the Zone 1 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
3
9. Building permits will not be issued for this project unless the local agency providing
4 water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
10. Approval is granted for SDP 05-04 as shown on Exhibits "A" - "R", dated March 7,
2007, on file in the Planning Department and incorporated herein by reference.
Development shall occur substantially as shown unless otherwise noted in these
conditions.
11. This approval is granted subject to the approval of the Negative Declaration, GPA OS-
OS, ZC 05-02, LCPA 05-02, CDP 05-14 and RP 05-03 and is subject to all conditions
11 contained in Planning Commission Resolutions No. 6254, 6255, 6256, 6257 and 6258
and Design Review Board Resolution No. 319 for those other approvals.
12
12. This approval shall become null and void if building permits are not issued for this
project within 24 months from the date of project approval.
14
13. Developer shall submit and obtain Planning Director approval of a Final Landscape and
15 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City's Landscape Manual. Developer shall construct and install all landscaping as
shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
17 condition, free from weeds, trash, and debris.
18 14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on file in the Planning Department and accompanied by the
'" project's building, improvement, and grading plans.
20 15. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
21 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
22 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
24 approval will not be consistent with the General Plan and shall become void.
25 16. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
-~ Directors of Community Development and Planning.
28 17. Developer shall submit to the City a Notice of Restriction executed by the owner of the
real property to be developed. Said notice is to be filed in the office of the County
PC RESO NO. 6259 -4-
Recorder, subject to the satisfaction of the Planning Director, notifying all interested
2 parties and successors in interest that the City of Carlsbad has issued a Site Development
Permit by Resolution No. 6259 on the property. Said Notice of Restriction shall note the
3 property description, location of the file containing complete project details and all
conditions of approval as well as any conditions or restrictions specified for inclusion in
4 - the Notice of Restriction. The Planning Director has the authority to execute and record
^ an amendment to the notice which modifies or terminates said notice upon a showing of
good cause by the Developer or successor in interest.
6
18. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot high
7 masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal
Code Chapter 21.105. Location of said receptacles shall be approved by the Planning
Director. Enclosure shall be of similar colors and/or materials to the project to the
9 satisfaction of the Planning Director. '
10 19. Developer shall submit and obtain Planning Director approval of an exterior lighting plan
including parking areas. All lighting shall be designed to reflect downward and avoid any
11 impacts on adjacent property.
12 20. The Developer shall follow the City of Carlsbad Cultural Resources Guidelines
13 during grading. A certified archeologist and a culturally affiliated Native
American, with knowledge in cultural resources, should monitor all ground-
14 disturbing activities.
15 21. The hours of operation of the pool, spa and outdoor gathering area facilities shall be
restricted to 6:OOAM to 10:00 PM.16
17 22. Deliveries and services from Lincoln Street shall be limited to the hours between
6:00 AM and 10:00 PM.
18
Code Reminders
19
23. Developer shall pay a landscape plan check and inspection fee as required by Section
20 20.08.050 of the Carlsbad Municipal Code.
21 24. Approval of this request shall not excuse compliance with 'all applicable sections of the
22 Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
23
25. The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
25
26. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
26 Code Section 18.04.320,
^ 27. Any signs proposed for this development shall at a minimum be designed in conformance
~o with the City's Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
PC RESO NO. 6259 -5-
28. Developer shall exercise special care during the construction phase of this project to
2 prevent offsite siltation. Planting and erosion control shall be provided in accordance
with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
3 of the City Engineer.
4 NOTICE
5
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
9 66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
12 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading, or other similar application processing or service fees in connection with this
14 project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
15 expired.
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PC RESO NO. 6259 -6-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 7th day of March 2007, by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Cardosa, Dominguez, Douglas,
Montgomery, and Segall
NOES: None
ABSENT: Commissioner Whitton
ABSTAIN: None
J(JLIE BAKER, Chairperson
tflLSBAD PLANNING COMMISSION
ATTEST:
DONNEU
Planning Director
PC RESO NO. 6259 -7-
1 PLANNING COMMISSION RESOLUTION NO. 6258
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF COASTAL DEVELOPMENT PERMIT CDP 05-
4 14 FOR THE DEMOLITION OF A HOTEL, RESTAURANT,
5 AND SINGLE FAMILY RESIDENCE AND FOR THE
CONSTRUCTION OF A 3-STORY, 104-ROOM HOTEL
6 PROJECT ON PROPERTY LOCATED AT 3136 CARLSBAD
BOULEVARD ON THE EAST SIDE OF CARLSBAD
7 BOULEVARD BETWEEN PINE AVENUE AND OAK
AVENUE IN THE MELLO II SEGMENT OF THE LOCAL
8 COASTAL PROGRAM AND IN LOCAL FACILITIES
9 MANAGEMENT ZONE 1.
CASE NAME: DKN HOTEL
10 CASE NO.: CDP 05-14
11 WHEREAS, Dahya Bhai L. and Shantaben Patel, "Developer/Owner," has
12 filed a verified application with the City of Carlsbad regarding property described as
13
Portion of Block 18, Town of Carlsbad per Map No. 775,
14 Recorded 2-15-1894 and Portion of Tract 100, Carlsbad Lands
per Map 1661, Recorded 3-1-1915, all in the City of Carlsbad,
County of San Diego, State of California. APN 203-250-08 and
16 . 26-°°
17 ("the Property"); and
^ WHEREAS, said verified application constitutes a request for a Coastal
19 Development Permit as shown on Exhibits "A" - "R" dated March 7, 2007, on file in the
20
Planning Department, DKN HOTEL - CDP 05-14, as provided by Chapter 21.201.040 of the
21
Carlsbad Municipal Code; and
23 WHEREAS, the Planning Commission did, on the 7th day of March, 2007, hold
24 a duly noticed public hearing as prescribed by law to consider said request; and
2* WHEREAS, at said public hearing, upon hearing and considering all testimony
^f\and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
27
relating to the CDP.
28
1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2
Commission of the City of Carlsbad as follows:
3
A) That the foregoing recitations are true and correct.
4
- B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of DKN HOTEL - CDP 05-14 based on the
6 following findings and subject to the following conditions:
Findings;
1. That the portion of the proposed development in the Mello II Segment of the Local
Coastal Program is in conformance with the Certified Local Coastal Program and all
applicable policies in that the site is designated with approval of GPA 05-05, ZC 05-
10 02, and LCPA 05-02 for hotel/motel development and the project consists of the
construction of 104 hotel units on a .84 acre site; the development does not obstruct
views of the coastline as seen from public lands or public rights-of-way or otherwise
damage the visual beauty of the coastal zone; and no agricultural activities, sensitive
resources, geological instability, or coastal access opportunities exist on the site.
13 2. The proposal is in conformity with the public access and recreation policies of Chapter 3
14 of the Coastal Act in that no coastal access areas or water oriented recreational
activities exist on or near the site.
15
3. The project is consistent with the provisions of the Coastal Resource Protection Overlay
Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the
17 City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard
Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff
18 Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil
erosion. No steep slopes or native vegetation is located on the subject property and the
site is not located in an area prone to landslides, or susceptible to accelerated erosion,
floods, or liquefaction.
4. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
22 to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
23
Conditions:24
95 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building
permit or grading permit, whichever occurs first.
26
1. If any of the following conditions fail to occur, or if they are, by their terms, to be
27 implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
PC RESO NO. 6258 -2-
future building permits; deny, revoke, or further condition all certificates of occupancy
2 issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
3 conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City's approval of this Coastal Development Permit..
c- 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Coastal Development Permit documents, as necessary to make
6 them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
7 development, different from this approval, shall require an amendment to this approval.
8 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
9 regulations in effect at the time of building permit issuance.
10 4. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
challenged, this approval shall be suspended as provided in Government Code Section
12 66020. If any such condition is determined to be invalid, this approval shall be invalid
unless the City Council determines that the project without the condition complies with
13 all requirements of law.
14 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
16 and costs, including court costs and attorney's fees incurred by the City arising, directly
or indirectly, from (a) City's approval and issuance of this Coastal Development Permit,
17 (b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
jo including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions. This obligation
20 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
21
_~ 6. This approval is granted subject to the approval of the Negative Declaration, GPA 05-
05, ZC 05-02 and SDP 05-04 and is subject to all conditions contained in Planning
23 Commission Resolutions No. 6254, 6255, 6256, 6257 and 6259 for those other approvals.
24 7. The applicant shall apply for and be issued building permits for this project within two
(2) years of approval or this coastal development permit will expire unless extended per
25 Section 21.201.210 of the Zoning Ordinance.
26 8. The applicant shall apply for and obtain a grading permit issued by the City Engineer.
27
9. The project site is located in an area that may contain soil material that is suitable
28 for beach sand replenishment. Prior to the issuance of a grading permit, and as
part of the grading plan preparation, the developer shall test the soil material to be
PCRESONO. 6258 -3-
exported from the project site to determine the materials suitability for sand
2 replenishment. Material testing shall be conducted pursuant to the requirements of
the Carlsbad Opportunistic Beach Fill Program (COBFP). If the material is deemed
3 suitable for beach replenishment pursuant to the guidelines established in the
COBFP, the developer shall comply with the process outlined in the COBFP to
transport and place the beach quality material on the beach site identified in the
COBFP. The city may refuse the placement of the exported material on the beach,
if it is determined that any aspect of the project does not comply with the provisions
6 of the COBFP (i.e. seasonal restrictions on beach fill activities, quantity and quality
of the material, etc.). The COBFP prohibits placement of beach fill on the beach
7 during the summer season (between the last Monday in May, Memorial Day, and
the first Monday in September, Labor Day); therefore, if project construction will
result in the export of the soil material from the site occurring during this summer
9 timeframe, the requirements of this condition shall not apply, but may be voluntary
if the developer chooses to store the exported material until placement of sand on
10 the beach is permitted per the COBFP.
11 NOTICE
12
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
15 You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
16 66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
i o annul their imposition.
19 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading, or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a.
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
22 expired.
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PC RESO NO. 6258 -4-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 7th day of March, 2007, by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Cardosa, Dominguez, Douglas,
Montgomery, and Segall
NOES: None
ABSENT: Commissioner Whitton
ABSTAIN: None
, Chairperson
SBAfy PLANNING COMMISSION
ATTEST:
DONNEU
Planning Director
PCRESONO.6258 -5-
1 DESIGN REVIEW BOARD RESOLUTION NO. 319
2 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF MAJOR REDEVELOPMENT PERMIT RP 05-
4 03 TO ALLOW THE CONSTRUCTION OF A 104-ROOM
HOTEL PROJECT ON PROPERTY LOCATED AT 3136
5 CARLSBAD BOULEVARD BETWEEN PINE AVENUE AND
6 OAK AVENUE IN LAND USE DISTRICT 9 OF THE
CARLSBAD VILLAGE REDEVELOPMENT AREA AND IN
7 LOCAL FACILITIES MANAGEMENT ZONE 1, INCLUDING A
VARIANCE FOR A PORTION OF THE NORTH SIDE YARD
8 SETBACK THAT IS BELOW THE MINIMUM OF THE
-a . - SETBACK .STANDARD, RANGE FOR_ THE VILLAGE
REDEVELOPMENT AREA.
10 CASE NAME: DKN HOTEL
CASE NO: RF 05-03:
12 WHEREAS, Dahya Bhai L. and Shantaben Patel, "Developer/Owner," has
13 filed a verified application with the Redevelopment Agency of the City of Carlsbad regarding
property described as
15 Portion of Block 18, Town of Carlsbad per Map No. 775,
Recorded 2-15-1894 and Portion of Tract 100, Carlsbad Lands
per Map 1661, Recorded 3-1-1915, all in the City of Carlsbad,
17 County of San Diego, State of California. APN 203-250-08 and
26-00
18
19 ("the Property");
20
WHEREAS, said application constitutes a request for a Major Redevelopment Permit, as
21
shown on Exhibits "A" - "R" dated March 7, 2007, on file in the Housing and Redevelopment
23 Department, DKN HOTEL - RP 05-03, as provided by Chapter 21.35.080 of the Carlsbad
24 Municipal Code; and
25 WHEREAS, the Design Review Board did on the 7th day of March, 2007, hold a duly
26 noticed public hearing as prescribed by law to consider said request; and
27
28
* WHEREAS, at said public hearing, upon hearing and considering all testimony and
2 arguments, if any, of persons desiring to be heard, said Board considered all factors related to
3
DKN HOTEL - RP 05-03.
4
NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as
6 follows:
7 A. That the foregoing recitations are true and correct.
o
B. That based on the evidence presented at the public hearing, the Design Review
9. ... , Board RECOMMENDS APPROVAL of DKN HOTEL - RP 05-03, based on
the following findings and subject to the following conditions:
10 •',
GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS:11 " :
12 1- The Design. Review Board finds that the project, as conditioned herein and with the
findings contained herein for the north sideyard setback variance, is in conformance
13 with the City's General Plan, the Carlsbad Village Area Redevelopment Plan and the
Carlsbad Village Redevelopment Master Plan and Design Manual, and all pertinent
14 provisions of the Carlsbad Municipal Code based on the facts set forth in the staff report
dated March 7,2007 including, but not limited to the following:
16 a. - The project is consistent with the Carlsbad General Plan in that it provides
for a tourist/traveler serving use normally associated with coastal highways
17 (Carlsbad Boulevard) in an appropriate location within the Village. The use
in turn provides an additional customer base for local restaurants, specialty
shops, and nearby convenience services. Additionally, the project provides
19 new economic development by replacing the existing underutilized uses on
the subject property with a new hotel use. The General Plan objective is to
20 implement the Redevelopment Plan through the comprehensive Village
Master Plan and Design Manual. By providing more hotel lodging, the
2 * project helps to create a lively, interesting social environment by encouraging
22 an<* increasing the opportunity for 24-hour life in the Village, which provides
the necessary customer base to attract complementary uses. The project
23 reinforces the pedestrian-orientation desired for the downtown area with a
hotel location that provides an opportunity for hotel patrons to walk to
24 shopping, recreation, and mass transit functions. The projects proximity to
existing bus routes and mass transit will help to further the goal of providing
new economic development near transportation corridors. Furthermore, the
26 project will provide a strong street presence with extensive architectural
relief, including outdoor patios looking out over Carlsbad Boulevard and
27 parking that is out-of-site and below grade. Overall, the new hotel will
enhance the Village as a place for living and working.
28
b. The project is consistent with the land use standards set forth in the Village
DRBRESONO. 319 -2-
Master Plan in that it will provide a permitted use (hotel) in an appropriate
2 location within Land Use District 9 of the Village Redevelopment Area. The
proposed project assists in satisfying the goals and objectives set forth for
3 Land Use District 9 through the following actions: 1) it establishes the Village
as a quality shopping, working, and living environment providing additional
4 lodging for visitors who will shop and dine within the Village adding to the
lively environment within the downtown area, 2) it improves the pedestrian
circulation in the Village Area by providing lodging in close proximity to
5 both bus and rail mass transit options and will thus encourage and promote
the use of mass transit, further improving vehicular circulation in the
7 Village, 3) it stimulates property improvements and new improvements in the
Village by providing an appropriate intensity of development that is
compatible with the surrounding area and may serve as a catalyst for future
... ...... _._^«r,edey,elopment_in_the_.area,jiXit-improxes_the~Physic.aLappearance_of the
Village Area by replacing older structures with an aesthetically pleasing
10 building that meets the requirements of the design guidelines for the Village.
c. The project as designed is consistent with, the development standards for
.- Land Use District 9, design guidelines, and other applicable regulations set
forth in the Village Master Plan and Design Manual, with the exception of
} 3 the requested variance. , ' .
14 d. The findings required allowing reductions in the front yard setback and the
south side yard setback at a level below the maximum and within the
' standard range are as follows. First, the proposed setback will not have an
16 adverse impact on surrounding properties as the reduced setback will allow
..for the outdoor dining areas and the business center to be close to the street
17 reinforcing the pedestrian interaction along Carlsbad Boulevard helping to
create a lively commercial block frontage. The reduced front yard setback
will, therefore, encourage and maintain the existing visitor-serving
, Q commercial continuity and synergy that exists along Carlsbad Boulevard
adding to the shopping experience in the Village. The reduced side yard
20 standard will help to break up the mass of the building allowing other
portions of the building to be setback further. Second, the reduced
21 standards will assist in developing a project that meets the goals of the
Village Redevelopment Area and is consistent with the land use objectives in
that the project will replace existing blighted structures with a visually
23 appealing project that has scale and character that will improve the
appearance and condition of the current Village hotel lodging stock helping
24 to stimulate property improvements and further new development in the
Village. The project will help to further establish Carlsbad Village as a
quality shopping and living environment by providing an attraction for
additional tourist-serving uses. Lastly, the reduced standards will assist in
creating a project design that is interesting, visually appealing and reinforces
27 the Village character of the area through setbacks that provide adequate
space for landscaping and decorative paving at the ground floor allowing
28 building recesses and relief along the various building planes. The reduced
standards will assist in creating greater architectural articulation adjacent to
DRBRESONO. 319 -3-
the street and will assist in the effort to make the building visually interesting
and more appealing which is a primary goal of the Village Design guidelines
in reinforcing the Village character.
3
e. The existing streets can accommodate the estimated ADTs and all required
4 public right-of-way has been or will be dedicated and has been or will be
improved to serve the development. The pedestrian spaces and circulation
have been designed in relationship to the land use and available parking.
5 Pedestrian circulation is provided through pedestrian-oriented building
design, landscaping, and hardscape. Public facilities have been or will be
7 constructed to serve the proposed project. The project has been conditioned
to develop and implement a program of "best management practices" for the
elimination and reduction of pollutants which enter into and/or are
10 f. The proposed project will not have an adverse impact on any open space
within the surrounding area. The project is consistent with the Open Space
requirements for new development within the Village Redevelopment Area
, ~ and the City's Landscape Manual.
13 g. The proposed project has been conditioned to comply with the Uniform
Building and Fire Codes adopted by the City to ensure that the project meets
14 appropriate fire protection and other safety standards.
1 ^2. The Design Review Board finds as follows to allow a variance for the north side yard
setback that is below the minimum of the standard range:
17 a. That because of special circumstances applicable to -the subject property,
including size, shape, topography, location or surroundings, the strict application
of the zoning ordinance deprives such property of privileges enjoyed by other
, Q property in the vicinity and under identical zoning classification, in that the shape
of the lot is unusual due to it's "wedged" shape configuration at the north
20 end of the site fronting Carlsbad Boulevard. This shape restricts the design
flexibility for new visitor-serving commercial uses. However, through the
21 reduction (variance), the applicant is able to provide a large enough outdoor
dining area at the north end of the site that will serve to reinforce the
pedestrian interaction between hotel patrons, and pedestrians helping to
23 generate a lively commercial block frontage with visitor-serving commercial
continuity. This is consistent with the goals and objectives of the Village that
24 include attracting additional tourist serving commercial uses and reinforcing
the pedestrian commercial continuity within the Village commercial districts.
The additional outdoor dining area, enabled through the variance, is
necessary at the north corner of the site in order to maintain the existing
visitor-serving commercial continuity and synergy that exists along Carlsbad
27 Boulevard.
28 b. That the variance shall not constitute a grant of special privileges inconsistent
with the limitations upon other properties in the vicinity and zone in which the
DRBRESONO. 319 -4-
1 subject property is located and is subject to any conditions necessary to ensure
2 compliance with this finding, in that the property to the north currently has a
zero foot side yard and rear yard setback. By allowing the subject project to
3 abut the property line to the north, the project will share the same setback
standard as the property to the north. Allowing the setback standard below
4 the 5-foot minimum will eliminate an area between the proposed and existing
building that could collect trash and debris and eventually become a health
and safety concern.
6
c. That the variance does not authorize a use or activity which is not otherwise
7 , expressly authorized by .the zone regulation governing the subject property, in that
a hotel use is a permitted use within Land Use District 9 (Tourism Support
Area) of the V-R zoning designation.
d. That the variance is consistent with the general purpose and intent of the general
10 plan, Carlsbad village area redevelopment plan, and. the Carlsbad Village
Redevelopment Master Plan and Design Manual, .in that the standards
established in the Village Master Plan and Design Manual were intended to
be somewhat flexible in order to encourage 'diversity and variety of
development and to take into consideration the unique conditions associated
13 with many of the properties in the redevelopment area. - The reduced side
yard setback is consistent with the existing site conditions to the north where
14 the property to the north currently has a zero foot side yard and rear yard
setback. The requested variance in no way changes the use or development
of the site in a manner that is inconsistent with the general purpose and
15 • intent of the General Plan, Carlsbad Village Area Redevelopment Plan, and
the Carlsbad Village Redevelopment Master Plan and Design Manual.
17
e. In addition, in the coastal zone, the variance is consistent with and implements the
* ° requirements of the certified local coastal program and that the variance does not
reduce or in any manner adversely affect the protection of coastal resources as
specified in the zones included in this title, and the variance implements the
20 • purposes of zones adopted to implement the local coastal program land use plan,
in that the variance is consistent with the intent of the requirements of the
21 Village Master Plan and Design Manual, which functions as the Local
Coastal Program for the area. As long as the project is consistent with the
Village Master Plan and Design Manual, the project is consistent with the
23 Local Coastal Program. The variance allows for a permitted hotel use with
outdoor seating, which is consistent with the Village Master Plan and Design
24 Manual and therefore is consistent with the Local Coastal Program.
• 3. The project is consistent with the City-wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 1, and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
27 provide funding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
28 facilities; libraries; government administrative facilities; and open space, related to the
DRBRESONO. 319 -5-
^ project will be installed to serve new development prior to or concurrent with need.
2 Specifically,
a. The project has been conditioned to ensure that building permits will not be
issued for the project unless the District Engineer determines that sewer
4 service is available, and building cannot occur within the project unless
sewer service remains available and the District Engineer is satisfied that the
5 requirements of the Public Facilities Element of the General Plan have been
met insofar as they apply to sewer service for this project.
6
_ b. All necessary public improvements have been provided or are required as
conditions of approval.
8
c. The Public Facility fee is required to be paid by Council Policy No. 17 and
•- 9--- • •• ——--""wlll'be"colle"cted"priorto the^issuance ofbuilding permit. ------- ••-
10 .'
^ 4. The project,is consistent with the City's Landscape Manual.
12 5. The Design Review Board has reviewed each of the exactions imposed on the Developer
contained in this resolution, arid hereby finds, in this case, that the exactions are imposed
13 to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
15 GENERAL CONDITIONS:
16 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of
building permits.
I g 1. If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
19 implemented and maintained according to their terms, the City/Agency shall have the
right to revoke or modify all approvals herein granted; deny or further condition issuance
20 of all future building permits; deny, revoke or further condition all certificates of
occupancy issued under the authority of approvals herein granted; record a notice of
violation on the property title; institute and prosecute litigation to compel their
22 compliance with said conditions or seek damages for their violation. No vested rights are
gained by Developer or a successor in interest by the City's/Agency's approval of .this
23 Major Redevelopment Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
25 and modifications to the Major Redevelopment Permit documents, as necessary to
make them internally consistent and in conformity with the final action on the project.
26 Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
27
~g 3. The Developer shall comply with all applicable provisions of federal, state, and local
ordinances in effect at the time ofbuilding permit issuance.
DRBRESONO. 319 -6-
4. If any condition for construction of any public improvements or facilities, or the payment
2 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
challenged, this approval shall be suspended as provided in Government Code Section
3 66020. If any such condition is determined to be invalid this approval shall be invalid
unless the Housing and Redevelopment Commission determines that the project
4 without the condition complies with all requirements of law.
5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and
6 hold harmless the Redevelopment Agency of the City of Carlsbad, its governing body
members, officers, employees, agents, and representatives, from and against any and all
1 liabilities, losses, damages, demands, claims and costs, including court costs and
attorney's fees incurred by the Agency arising, 'directly or indirectly, from (a) Agency's
approval and issuance of this Major Redevelopment Permit, (b) Agency's approval or
. -9- - -. . issuance_of_any_,-penmt_or_^cticm,™wheth^
connection with the use contemplated herein, and (c) Developer/Operator's installation
10 and operation of the facility permitted hereby, including without limitation, any and all
liabilities arising from the emission by the facility of electromagnetic fields or other
energy waves or emissions. This obligation serves until all legal proceedings have been
12 concluded and continues even if the Agency's approval is not validated.
13 6. The Developer shall submit to the Housing and Redevelopment Department a
reproducible 24" x 36", mylar copy of the Major Redevelopment.Permit reflecting the
* 4 conditions approved by the final decision making body.
7. The Developer shall include, as part of the plans submitted for any permit plan check, a
16 reduced legible version of all approving resolution(s) in a 24" x. 36" blueline drawing
format.
17
8. Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad School District that this project has satisfied its obligation to
19 provide school facilities.
20 9. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 1 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
22 10. Approval is granted for Major Redevelopment Permit RP 05-03 as shown on Exhibits
23 "A" - "R" dated March 7, 2007, on file in the Housing and Redevelopment
Department and incorporated herein by reference. Development shall occur substantially
24 as shown unless otherwise noted in these conditions.
25 11. This approval is granted subject to the approval of the Negative Declaration and GPA
26 06-01, LCPA 05-02, CDP 05-14, and SDP 05-04 and is subject to all conditions
contained in Planning Commission Resolutions No. 6254, 6255, 6257, 6258 and 6259
27 and Design Review Board Resolution Nos.,321 and 320 for those other approvals.
28 12. ' This approval shall become null and void if building permits are not issued for this
project within 24 months from the date of project approval.
DRBRESONO. 319 -7-
1 13. Building permits will not be issued for the project unless the local agency providing water
2 and sewer services to the project provides written certification to the City that adequate
water service and sewer facilities, respectively, are available to the project at the time of
3 the application for the building permit, and that water and sewer capacity and facilities
will continue to be available until the time of occupancy. A note to this effect shall be
4 placed on the final map.
Landscape Conditions:
6
14. The Developer shall submit and obtain Planning Director approval of a Final Landscape
7 and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan
and the City's Landscape Manual. The Developer shall construct and install all
8 landscaping as shown on the approved Final Plans, and maintain all landscaping in a
_„ healthy and thriving^ondition, free,from weeds, trash, and debris.
10 15. The first submittal of Final, Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on file in the Planning Department and accompanied by the
11 project's building, improvement, and grading plans.
1 9 Noticing Conditions:
13 16. Prior to the issuance of the building permit, Developer shall submit to the City a Notice
14 of Restriction to be filed in the office of the County Recorder, subject to the satisfaction
of the Housing and Redevelopment Director, notifying all interested parties and
15 successors in interest that the City of Carlsbad has issued a Major Redevelopment
. , Permit, Coastal Development Permit, and Negative Declaration by Resolution(s) No.
319, 320, and 321 on the real property owned by the Developer. Said Notice of
17 Restriction shall note the property description, location of the file containing complete
project details and all conditions of approval as well as any conditions or restnctions
18 specified for inclusion in the Notice of Restriction. The Housing and Redevelopment
Director has the authority to execute and record an amendment to the notice which
modifies or terminates said notice upon a showing of good cause by the Developer or
20 successor in interest.
21 On-site Conditions:
"7 "7 17. The Developer shall construct trash receptacle and recycling areas as shown on the site
23 plan (Exhibit "B") enclosed by a six-foot high masonry wall with gates pursuant to City
Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said
24 receptacles shall be approved by the Housing and Redevelopment Director and/or
Planning Director. Enclosure shall be of similar colors and/or materials to the project to
25 the satisfaction of the Housing and Redevelopment Director and/or Planning
~s- Director.2o
27 18. No outdoor storage of material shall occur onsite unless required by the Fire Chief. When
so required, the Developer shall submit and obtain approval of the Fire Chief and
28 Housing and Redevelopment Director of an Outdoor Storage Plan, and thereafter
comply with the approved plan.
DRBRESONO. 319 -8-
19. The Developer shall submit and obtain Planning Director approval of an exterior lighting
2 plan including parking areas. All lighting shall be designed to reflect downward and
avoid any impacts on adjacent homes or property.
3
20. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and/or Housing and Redevelopment.
6
21. Solid decorative masonry walls, with design and materials consistent with the hotel
7 building, shall be installed along all common lot lines that adjoin an existing
residential use.
9- .. Engineering,
10 NOTE: Unless specifically stated in the condition, all of the following conditions, upon
the approval of this proposed tentative map, must be met prior to approval of a building or
grading permit whichever occurs first.
12 General
13
22. Prior to hauling dirt or construction materials to or from any proposed construction site
14 within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
23. Prior to occupancy, Developer shall install rain gutters to convey roof drainage to an
approved drainage course or street to the satisfaction of the City Engineer.
17
24. Developer shall install sight distance corridors at all street and driveway intersections in
1 ° accordance with Engineering Standards.
19 Fees/Agreements
20
25. Developer shall cause property owner to execute and submit to the City Engineer for
21 recordation, the City's standard form Geologic Failure Hold Harmless Agreement.
22 26. Developer shall cause property owner to. execute, record and submit a recorded copy to
23 the City Engineer, a deed restriction on the property which relates to the proposed cross
lot drainage as shown on the site plan. The deed restriction document shall be in a form
24 acceptable to the City Engineer and shall:
A. Clearly delineate the limits of the drainage course;
B. State that the drainage course is to be maintained in perpetuity by the underlying
27 property owner; and
28 c. State that all future use of the property along the drainage course will not restrict,
impede, divert or otherwise alter drainage flows in a manner that will result in
DRBRESONO. 319 -9-
damage to the underlying and adjacent properties or the creation of a public
2 nuisance.
3 27. Prior to approval of any grading or building permits for this project, Developer shall
cause Owner to give written consent to the City Engineer to the annexation of the area
shown within the boundaries of the subdivision into the existing City of Carlsbad Street
<- Lighting and Landscaping District No. 1 and/or to the formation or annexation into an
additional Street Lighting and Landscaping District. Said written consent shall be
6 on a form provided by the City Engineer.
7 Grading
Q
28. Upon completion of grading, Developer shall file an "as-graded" geologic plan with the
^ City, Engineer.,,.The_plan^shali;clearly^shQW all the geology as exposed by the grading
operation, all geologic corrective measures as actually constructed and must be based on a
10 contour map which represents both the pre and post site grading. The plan shall be signed
by both the soils engineer and the engineering geologist, and shall be submitted on a 24"
*' x 36" mylar or similar drafting film format suitable for a permanent record.
12 29. Based upon a review of the proposed grading and the grading quantities shown on the site
13 plan, a grading permit for this project is required. Developer shall apply for and obtain a
grading permit from the City Engineer prior to issuance of a. building permit for the
14 project.
Dedications/Improvements
16
30. Developer shall cause Owner to execute a covenant of easement for drainage purposes
17 as shown on the site plan. The obligation to execute and record the covenant of easement
shall be shown and recording information called out on the site plan. Developer shall
* ° provide City Engineer with proof of recordation prior to issuance of building permit.
19 31. Additional drainage easements may be required. Developer shall dedicate and provide or
20 install drainage structures, as may be required by the City Engineer, prior to or concurrent
with any grading or building permit.
21
32. Developer shall provide the design of all private streets and drainage systems to the
satisfaction of the City Engineer. The structural section of all private streets shall conform
23 to City of Carlsbad Standards based on R-value tests. All private streets and drainage
systems shall be inspected by the City. Developer shall pay the standard improvement
24 plan check and inspection fees.
9 S 33. Developer shall execute and record a City standard Development Improvement
Agreement to install and secure with appropriate security as provided by law, public
improvements shown on the site plan and the following improvements including, but not
27 limited to paving, base, sidewalks, curbs and gutters, grading, clearing and grubbing,
undergrounding or relocation of utilities, sewer, water, and drainage curb outlets, to City
28 Standards to the satisfaction of the City Engineer. The improvements are:
DRBRESONO. 319 -10-
a) Curb, gutter and sidewalk fronting Lincoln Street.
2 b) Underground of utility poles and wire on Lincoln Street property frontage,
c) Installation of domestic and fire water services.
3 d) Installation of sewer lateral as needed.
e) Installation of drainage curb outlet on Lincoln Street and Carlsbad Boulevard.
4 f) Street pavement and base on Lincoln Street frontage as needed between street
centerline and proposed curb and gutter.
g) Installation of driveway approach and replacement of driveway approach with
g curb and gutter on Carlsbad Boulevard
7 A list of the above shall be placed on an additional map sheet on the Final Map per the
provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above
8 shall be constructed within 18 months of approval of the subdivision or development
o -_ improvement agreement or such other time as provided in said agreement. ___
10 34. Prior to issuance of building permits, Developer shall underground all existing overhead
utilities along and within the project boundary.
11 '-:,
35. Developer shall have the entire drainage system designed, submitted to and approved by
the City Engineer, to ensure that runoff resulting from 10-year frequency storms of 6
jo hours and 24 hours duration under developed conditions, are equal to or less than the
runoff from a storm of the same frequency and duration under ; existing developed
14 conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the
detention basin capacities necessary to accomplish the desired results.
, 36. Developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System (NPDES) permit. Developer shall provide improvements constructed
17 pursuant to best management practices as referenced in the "California Storm Water Best
Management Practices Handbook" to reduce surface pollutants to an acceptable level
18 prior to discharge to sensitive areas. Plans for such improvements shall be submitted to
and subject to the approval of the City Engineer. Said plans shall include but not be
limited to notifying prospective owners and tenants of the following:
20 A. All owners and tenants shall coordinate efforts to establish or work with
21 established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
22 B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
.- antifreeze, solvents, paints, paint thiriners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
24 - or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
25 Federal, State, County and City requirements as prescribed in their respective
containers.26
27 C. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
28
37. Prior to the issuance of grading permit or building permit, whichever occurs first,
DRBRESONO. 319 -11-
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77^^.
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Developer shall submit for City approval a "Storm Water Management Plan (SWMP)."
The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
Storm water Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region
of the California Regional Water Quality Control Board and City of Carlsbad Municipal
Code. The SWMP shall address measures to avoid contact or filter said pollutants from
storm water, to the maximum extent practicable, for the post-construction stage of the
project. At a minimum, the SWMP shall:
a. identify existing and post-development on-site pollutants-of-concern;
b. identify the hydrologic unit this project contributes to and impaired water bodies
that could be impacted by this project;
c. recommend source controls and treatment controls that will be implemented with
this project to avoid contact or filter said pollutants from storm water to the
maximum,extent.practicable before discharging to City right-of-way;
d. establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to employee education on the proper
procedures for handling clean up and disposal of pollutants;
e. ensure long-term maintenance of all post construct BMPs in perpetuity; and
f. identify how post-development runoff rates and velocities from the site will not
exceed the pre-development runoff rates and velocities to the maximum extent
practicable.
38. Prior to building permit or grading permit issuance, whichever occurs first Developer
shall have design, apply for and obtain approval of the City Engineer, for the structural
section for the access aisles with a traffic index of 5.0 in accordance with City Standards
due to truck access through the parking area and/or aisles with an ADT greater than 500.
The structural pavement design of the aisle ways shall be submitted together with
required R- value soil test information and approved by the City Engineer as part of the
building or grading plan review whichever occurs first.
39. The developer shall process and receive approval of an adjustment plat to
consolidate the four lots within the project boundaries into one lot.
40. Property owner shall enter into an encroachment agreement with the City for any
private improvements proposed within the public right-of-way, including decorate
pavement within driveway approaches. Encroachment Agreements shall be
processed in accordance with City procedures and fees.
Water
41. Prior to approval of improvement plans or final map, Developer shall meet with the Fire
Marshal to determine if fire protection measures (fire flows, fire hydrant locations,
building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be
considered public improvements and shall be served by public water mams to the
•satisfaction of the District Engineer.
DRBRESONO. 319 -12-
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42. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities. Developer shall pay the San Diego County Water
Authority capacity charge(s) prior to issuance of Building Permits.
43. The Developer shall install potable water services and meters at a location approved by
the District Engineer. The locations of said services shall be reflected on public
improvement plans.
44. The Developer shall install sewer laterals and clean-outs at a location approved by the
District Engineer. The locations of sewer laterals shall be reflected on public
improvement plans.
45. The Developer shall design and construct public water, sewer, and recycled water
facilities substantially .,as_sho.wn, on the ..Site Plan.io the satisfaction of the District
Engineer. Proposed public facilities shall be reflected on public improvement plans.
46. This project is approved upon the express condition that building permits will not be
issued for the development of the subject property, unless the~ District Engineer has
determined that adequate water and sewer facilities are. available at the time of
occupancy. ' .
47. Prior to Final Map approval or issuance of building permits, whichever is first, the entire
potable water and sewer system, shall be evaluated in detail to ensure that adequate
capacity, pressure, and flow demands can be met to the satisfaction of the District
Engineer. ' :•"',."
48. The Developer shall submit a detailed sewer study, .prepared by a Registered
Engineer, that identifies the peak flows of the project, required pipe sizes, depth of
flow in pipe, velocity in the main lines, and the capacity of the existing
infrastructure. Said study shall be submitted concurrently with the improvement
plans for the project and the study shall be prepared to the satisfaction of the
District Engineer.
49. The Developer shall submit a detailed potable water study, prepared by a
Registered Engineer that identifies the peak demands of the project (including fire
flow demands). The study shall identify velocity in the main lines, pressure zones,
and the required pipe sizes. Said study shall 'be submitted concurrently with the
improvement plans for the project and the study shall be prepared to the
satisfaction of the District Engineer.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following code requirements.
50. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#1 7, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits . authorized by
DRBRESONO. 319 -13-
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
2 Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees and not paid, this
3 approval will not be consistent with the General Plan and shall become void.
51. The Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
6 52. This approval shall become null and void if building permits are not issued for this
project within 24 months from the date of final project approval.
7
53. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
9 . ..,.__ ---P^rQ!iLi_sj^Jiricj,,ex_c^
10 54. The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
11
55. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
13
56. Any signs proposed for this development shall at a minimum be designed in conformance
1^ with the sign criteria contained in the Village Redevelopment Master Plan and
Design Manual and shall require review and approval of the Housing and
Redevelopment Director prior to installation of such signs.
16
57. Developer shall exercise special care during the construction phase of this project to
17 prevent offsite siltation. Planting and erosion control shall be provided in accordance
with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
* ° of the City Engineer,
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DRBRESONO. 319 -14-
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NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
You have 90 days from the date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
'DUE'S NOT APPtYlo'wTtef^a'lewef'c«OTecti61T fe*es" arHTcapacitycharges, Wrplanhirig;
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design Review
Board of the City of Carlsbad, California, held on the 7th day of March, 2007 by the following
vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Lawson, Board members Baker and Schumacher
None
Board members Hamilton and Whitton
None
LARSON, ACTING CHAIRPERSON
DESIGNyREVIEW BOARD
ATTEST:
DEBBIE FOUNTAIN
HOUSING AND REDEVELOPMENT DIRECTOR
DRBRESONO. 319 -15-
1 DESIGN REVIEW BOARD RESOLUTION NO. 320
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF COASTAL DEVELOPMENT PERMIT
4 NUMBER CDP 05-14 TO ALLOW THE DEMOLITION OF A
HOTEL, RESTAURANT, AND SINGLE FAMILY RESIDENCE
TO ALLOW FOR THE CONSTRUCTION OF A 3-STORY, 104-
6 ROOM HOTEL PROJECT LOCATED AT 3136 CARLSBAD
BOULEVARD ON THE EAST SIDE OF CARLSBAD
7 BOULEVARD BETWEEN PINE AVENUE AND OAK
AVENUE IN LAND USE DISTRICT 9 OF THE CARLSBAD
8 VILLAGE REDEVELOPMENT AREA, IN THE VILLAGE
PROGRAM AND IN LOCAL FACILITIES MANAGEMENT
10 ZONE 1, INCLUDING A VARIANCE FOR A PORTION OF
THE NORTH SIDE YARD SETBACK THAT IS BELOW THE
MINIMUM OF THE SETBACK STANDARD RANGE.
]2 CASE NAME: DKN HOTEL
CASE NO.: _ CDP 05-14
13
WHEREAS, Dahya Bhai L. and Shantaben Patel, "Developer/Owner," has
14
filed a verified application with the Redevelopment Agency of the City of Carlsbad regarding
property described as
17 Portion of Block 18, Town of Carlsbad per Map No. 775,
Recorded 2-15-1894 and Portion of Tract 100, Carlsbad Lands
18 per Map 1661, Recorded 3-1-1915, all in the City of Carlsbad,
County of San Diego, State of California. APN 203-250-08 and
26-00
20
("the Property"); and
21
WHEREAS, said verified application constitutes a request for a Coasta]
23 Development Permit as shown on Exhibits "A-R" dated March 7, 2007, on file in the Housing
24 and Redevelopment Department, DKN HOTEL - RP 05-03/CDP 05-14 as provided by Chapter
25 21.81 .040 of the Carlsbad Municipal Code; and
26 WHEREAS, the Design Review Board did, on the 7th day of March 2007, hold a
27
duly noticed public hearing as prescribed by law to consider said request; and
28
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WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Board considered all factors
relating to the CDP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review
Board 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 Board
_- CDP 05_-14_based orUhe.
Findings:
following findings and subject to the following conditions;
1. That the portion of the proposed development within the Village Redevelopment
Segment of the Local Coastal Program is in conformance with the Carlsbad Village
Area Redevelopment Plan and the Carlsbad Village Redevelopment Master Plan
and Design Manual, which serve as the Certified Local Coastal Program for the
Village Redevelopment Segment of the City of Carlsbad Local Coastal Program and
all applicable policies in that the development does not obstruct views or otherwise
damage the visual beauty of the coastal zone, and no agricultural activities, sensitive
resources, geological instability exist on the site.
2. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the development will not alter physical or visual access to
the shore.
3. The project is consistent with the provisions of the Coastal Resource Protection
Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that no steep slopes,
environmental resources or agricultural resources exist within the proposed
construction area, all grading will conform to the City's erosion control standards,
and the site is not prone to landslides or susceptible to accelerated erosion, floods, or
liquefaction.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of
building permits.
1 . If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City/Agency shall have the
right to revoke or modify all approvals herein granted; deny or further condition issuance
of all future building permits; deny, revoke or further condition all certificates of
DRB RESO NO. 320 -2-
occupancy issued under the authority of approvals herein granted; institute and prosecute
2 litigation to compel their compliance with said conditions or seek damages for their
violation. No vested rights are gained by Developer or a successor in interest by the
3 City's/Agency's approval of this Coastal Development Permit.
4 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
- and modifications to the Coastal Development Permit documents, as necessary to make
them internally consistent and in conformity with the final action on the project.
6 Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
7
3. The Developer shall submit to the Housing and Redevelopment Department a
reproducible 24" x 36", mylar copy of the Coastal Development Permit reflecting the
_..Q. conditions.approved.by.the-final^decision.making.b.ody.«:_._.^ ^ „
10 4. This approval is granted subject to the approval of the Negative Declaration and RP 05-
03 and is subject to all conditions contained in Design Review Board Resolutions No.
319 and 321 for those other approvals and incorporated by reference herein.
12 5. The applicant shall apply for and be issued building permits for this project within
13 . twenty-four (24) months of approval or this coastal development permit will expire unless
extended per Section 21.81.160 of the Carlsbad Municipal Code.
14
1 - 6. Prior to the issuance of building permits, the applicant shall apply for and obtain a
grading permit issued by the City Engineer.
16 •
7. The project site is located in an area that may contain soil material that is suitable
17 for beach sand replenishment. Prior to the issuance of a grading permit, and as
part of the grading plan preparation, the developer shall test the soil material to be
exported from the project site to determine the materials suitability for sand
19 replenishment. Material testing shall be conducted pursuant to the requirements of
the Carlsbad Opportunistic Beach Fill Program (COBFP). If the material is deemed
20 suitable for beach replenishment pursuant to the guidelines established in the
COBFP, the developer shall comply with the process outlined in the COBFP to
21 transport and place the beach quality material on the beach site identified in the
22 COBFP. The city may refuse the placement of the exported material on the beach,
if it is determined that any aspect of the project does not comply with the provisions
23 of the COBFP (i.e. seasonal restrictions on beach fill activities, quantity and quality
of the material, etc.). The COBFP prohibits placement of beach fill on the beach
24 during the summer season (between the last Monday in May, Memorial Day, and
the first Monday in September, Labor Day); therefore, if project construction will
result in the export of the soil material from the site occurring during this summer
25 timefranie, the requirements of this condition shall not apply, but may be voluntary
if the developer chooses to store the exported material until placement of sand on
27 the beach is permitted per the COBFP.
28
DRB RESO NO. 320 -3-
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NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to
"fees/exactions."
for convenience as
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
— You are^hereby^BRTHER"NO:PEF'IED--that"your-right"to--protest-the specified- fees/exactions-
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting
Board of the City of Carlsbad, California, held on the 7th day of March,
vote, to .wit:
AYES: Chairperson Lawson, Board members Baker
NOES: None
ABSENT: , Board members Hamilton and Whitton
ABSTAIN: None
s^> S
' J^Wrtl1 //*V*1[ _^*'l*r^^^
TONY^LA^SON, ACTING CHAIRPERSON
DESIGN/IEVIEW BOARDt
ATTEST:
rx T i-
DEBBEfFOUNTAIN
HOUSING AND REDEVELOPMENT DIRECTOR
DRB RESO NO. 320 -4-
of the Design Review
2007, by the following
and Schumacher
NOT TO SCALE
SITEMAP
DKN Hotel
SDP 05-04x1
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 cannot
be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in 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."
Agents may sign this document; however, the legal name and entity of the applicant and property owner must be
provided below. '
1.
2.
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 MORE THAN 10% OF TEE SHAKES, PLEASE INDICATE NON-
APPLICABLE (N/A) IN THE SPACE BELOW If a publicly-owned corporation, include the
names, titles, and addresses of the corporate officers. (A separate page may be attached if
necessary.)
Person_
Title
Corp/Part DKN Hnte-ls
Title
Address Address 540 Golden Circle Dr. #214
Santa Ana, CA 92705
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 publicly-
owned corporation, include the names, titles, and addresses of the corporate officers. (A separate
page may be attached if necessary.)
Person.
Title
Corp/Part_
Title
DKN Hotels / Dahya Patel
Address Address 540 Golden Circle Dr' #21U
Santa Ana, CA 92705
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-46OO • FAX (760) 602-8559
3
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
4. 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 [XI No If yes, please indicate person(s):_
NOTE: Attach additional sheets if necessary.
I certify that all the above information is true and correct to the best of my knowledge.
of owner/date? ' Signature of applicant/date
• L • frlE'L 1> A WAAJt&t • L- ft
Print or type name of owner Print ortype name of applicant
Signaturrbf owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
H:ADMIN\COUNTER\DISCIOSURE STATEMENT 5/98 . Page 2 of 2
•;>h*"t
DKN HOTELS
A PASSION TO MAKE A DIFFERENCE
540 N. Golden Circle Avenue, Suite 214, Santa Ana, CA 92705 • 714.427.4320 • fax 714.480.0299 • www.dknhotels.com
THURSDAY, MARCH 1 1, 2010
CITY OF CARLSBAD
PLANNING DIRECTOR
1 635 FARADAY AVE
CARLSBAD, CA 92OO8
REF: JUSTIFICATION EXTENSION LETTER — DKN HOTEL CDP 05-14
To THE DIRECTOR OF PLANNING,
i AM WRITING THIS LETTER TO REQUEST THAT THE CITY OF CARLSBAD GRANT DKN HOTELS AN EXTENSION OF THE
COASTAL DEVELOPMENT PERMIT DKN HOTEL — CDP O5-14.
WE HAVE BEEN STRIVING AHEAD WITH COMPLETING THE PLAN CHECK PROCESS FROM THE ISSUANCE OF PERMITS
VIA THE CITY AND COASTAL COMMISSION. HOWEVER, WE HAVE FACED CERTAIN SETBACKS WITH THE COMPLEXITY
OF THIS PROJECT WITH ISSUES SUCH AS THE SUBTERRANEAN PARKING GARAGE, TIGHT PROPERTY LINES LEADING
TO SHORING ISSUES AND MISCELLANEOUS ADA ISSUES.
THEREFORE, WITHIN THE EXTENSION PERIOD THAT WE ARE ASKING THE CITY TO GRANT WE WILL BE ABLE TO
COMPLETE AND RECEIVE APPROVAL FOR THE DRAWINGS FROM THE CITY AND FRANCHISE. ADDITIONALLY, AS YOU
ARE MORE THAN AWARE THE ECONOMIC SITUATION THE COUNTRY IS FACING IS MAKING ATTAINING LOANS CLOSE
TO IMPOSSIBLE AT THIS TIME. WITH THE ADDITIONAL TIME WE HOPE CREDIT MARKETS WILL CHANGE AND WE WILL
BE ABLE TO SECURE A CONSTRUCTION LOAN TO PROCEED WITH THE PROJECT.
DKN LOOKS FORWARD TO WORKING WITH THE CITY OF CARLSBAD TAKING THIS PROJECT FROM THE DRAWINGS
TO FRUITION WHILST BUILDING A LASTING PARTNERSHIP.
IF YOU NEED ANY ADDITIONAL INFORMATION, PLEASE FEEL FREE TO CONTACT ME.
SINCERELY,
KIRAN PATEL
PRINCIPAL
DKN HOTELS
540 GOLDEN CIRCLE, STE 214
SANTA ANA, CA 92705
CD 7 1 4-427-4343
(F) 714-424-4344
SPRING HILL SUITES CflY OF CARLSBAD APPLICATION NUMBERS:
RP Q5-03.SDP OS^M. GDP 05-14. LCPA 05-02. ZC 05-02. GPA 05-05
PROJECT SUMMARY PROJECT TEAM SHEET SCHEDULE
CITY OF CARLSBAD
BUILDING
ADDRESS:
ASSESSOR'S
PARCEL NO.:
LEGAL
DESCRIPTION:
EXISTING ZONE:
PROPOSED ZONE:
EXISTING GENERAL PLAN:
PROPOSED GENERAL PLAN:
EXISTING LAND
USE DESIGNATION:
EXISTING LAND USE:
PROPOSED LAND USE:
STORIES:
BUILDING HEIGHT:
TYPE OF
CONSTRUCTION:
OCCUPANCY GROUP:
CODE OF DESIGN:
SITE AREA:
BUILDING COVERAGE:
3136 CARLSBAD BLVD.. CARLSBAD CALIFORNIA
203-230-08. .-26
•Portion or Block IB. Town ol Carlsbad Par UapNo. 77S, Roc. 2-15-18B4 and Portion of Tract100, Carlsbad Lands Per Uap 1601. Roc3-1-1013, All fn Uio City of Carlsbad, County orSan Dlago. Slata ol Carlsbad Land* Per Uap 1681.Roc 3-1-1915. All In Uifl aty of Carifbad, Countyof San Dlago, Slat* of California."
R-3 and V-R DISTRICT &
C-T and V~R DISTRICT 9 (TO REMAIN)
RH. V
RT and V (TO REMAIN)
OVERLAY ZONES (BEACH OVERLAY & COASTAL ZONE)
MOTEL. RESTAURANT. SINGLE FAMILY
COMMERCIAL/ HOTEL
45* MAX. (V-R DISTRICT 9)
35' MAX. (ft-3)
TYPE I - FULLY SPRINKLERED - GARAGE
TYPE V-1HR. - Rjar SPRINKLERED - HOTa
S-3 - GARAGER-1 - HOTEL (MAJOR USE)
A-3 - UEEETING / RESTAURANT-B-2 - SUPPORT SERVICE AREAS
2001 CALIFORNIA BUILDING CODE
TITLE 24. PART 2. CALIFORNIA
ADMINISTRATIVE CODE
AMERICAN DISABILITIES ACT '2001 CALIFORNIA ELECTRICAL CODE
20O1 CALIFORNIA PLUMBING CODE
2001 CALIFORNIA MECHANICAL CODE2001 CALIFORNIA FIRE CODE
0.64 ACRES
53X
PARKING REQUIRED: 1.2 SPACES PER GUESTROOM
104 x 1.2 - 124.B SPACES
PARKING PROVIDED:
ZONING ORDINANCE:
21.53.230: NOT APPLICABLE
OPEN SPACE
REQUIRED:
OPEN SPACEPROVIDED:
20 % MINIMUM
11.500 SO. FT. - 31.50 X
PLANNER/
PROCESSOR:
SEWER DISTRICT SERVING PROJECT: CARLSBAD SEWER DISTRICT
WATER DISTRICT SERVING PROJECT: CARLSBAD MUNICIPAL WATER DISTRICT
WATER DISTRICT SERVING PROJECT: CARLSBAD UNIFIED SCHOOL DISTRICT
GENERAL NOTES:
.,_. ...„„-. Jl stolrwoUa.
2.- fin sprinkler* shall be Installed thraghoul the•tntctura.
- Elovotor car Interior dimensions chaU occamodat*an ombulonco gumey of B4* x 24' at a height of
IB'
BUILDING DATA
BUILDING AREA:
SURVEYOR/
CIVIL ENGINEER:
LANDSCAPE
ARCHITECT:
TRAFFIC
ENGINEER:
GEOTECHN1CAL
ENGINEER:
Parcel* t,2 and 3Dahya Bhal L Fatal and Shan tub on
husband and wife ai Joint tenantParcel 4
Dahyo Ghat L Paid
DKN HOTELS540 Golden Clrclo Dr., f 214
Sanlana, Coliramla 92705Tot (714) 480-0661
Fax: (714) 480-0238
. Contact: NeP PatalVice PrMldtnt, Qwnira Rap.E-mail: NailPOdhnhiilBla.com
PLANNING SYSTEMS1530 Faraday Ava.. Suita 100Carlibad. CA 9200B
Tel: (760) 931-07BO
Fox: (760) 931-5744Contact: Paul Klukam
E-moO: phluhaaOplannlngayaiama.nat
JOSEPH WONG DESIGN ASSOCIATES2359 Fourth Avenua. Suita 300
San Dlago California 92101
Tel: (619) 233-6777
Fat: (619) 237-0541
Contact: Rick RoundsE—map: rroundiOJwdoInc.com
AQUATERRA ENGINEERING INC.1643 Campssino placo
Ocaanslde. CA 92054
Tal: (760) 439-2B02
Fax: (760) 2666Contact: Gary llpska
E-mon: fllipakaOcox.net
WILKINSON DESIGN GROUP2B10 Rooaavelt at.
Carlsbad. California 9200BTal: (7BO) 434-2152
Fax: (780) 434-0042Contact: Bob Wllklnton
E-mail: wdeElgngroupO)una.cam
LINSCOTT. LAW i GREENSPAN ENGINEERS4542 Ruffner Streat. Sulla IOO
San Diego. CA 92111Tal; (856) 300-8800
Fax: (S56) 300-BB10
Contact; John A Boor man
E-mail: boatmonOllgenglnaofa.com
LEIGHTON CONSULTING3934 Uurphy Canyon Road Suita b205San Diego. California S2123
Tah (65B) 292-6030
Fox; (858) 292-0771
Contact: William Olson
E-mail: mtfal750oal.com
LOCATION
lit FLOOR:
2nd FLOOR:
3rd FLOOR:
TOTAL:
KINO
IS KEVS22 KEYS
24 KEYS
SI KEYS
DOUBLE
6 KEYS
IB KEYS
IS KEYS
39 KEYS
fSr1
1 KEY
1 KEY
1 KEY
3 KEYS
SURE
——
1 KEY
1 KEYS
TOTAL
24 KEYS
39 KEYS
41 KEYS
104 KEYS
ARCHITECTURAL
CS COVER SHEET
A-l SITE PLAN
A-2 FIRST FLOOR PLAN
A-3 SECOND FLOOR PLAN
A-4 THIRD FLOOR PLAN
A-5 UPPER PARKING FLOOR PLAN
A-6 LOWER PARKING FLOOR PLAN
A-7 . BUILDING ELEVATIONS
BUILDING ELEVATIONS
ROOF PLAN
-10 BUILDING SECTIONS
SHADOW ANALYSIS - PROPOSED BUILDING
-12. SHADOW ANALYSIS - ALTERNATE SCHEME
-13 SHADOW ANALYSIS - SITE & SECTION-14 WALL ELEVATIONS
PRELIMINARY GRADING PLAN
VICINITY MAP
CITY OF
CARLSBAD
SPRlNGHlll SUITES•JttfinU
3136 CARLSBAD BLVD.
CARLSBAD. CA
TITLE SHEET
GENERAL INFORMATION CS
SITE PLAN SMI. \- - iff-a-
10 TO 20 3040
•GRAPHIC SCAI& I' • Ztf
CrtY OF CARLSBAD APPLICATION NUMBERS:
RP 05-03.SDP OS-Ot, COP 05-14, LCPA 05-02. ZC 05-02. GPA 05-05
BUILDING
ROOM COUNT:
LOCATION
111 FLOOR:
2nd FLOOR:
3rd FLOOR:
TOWU
KING
22 KEYS
24 KEYS
U KEtS
DOUBLE
10 KEYS
15 KEYS
39 KEYS
ACCESSIBLE
f KEY
1 KEf
t KEY
3 KEYS
SUITE
-
1 KEY
1 KEYS
TOTAL
2«KET3
39 KETS
41 KEYS
10* KEYS
BUILDING AREA:
TRAFFIC IMPACT AREA:
Exfetlng Motel
Existing Total to be Removed
Proponod Hotel
Proposal Total
Tola)
SITE PLAN KEY NOTES
[T| EXISTING CURB. GUTTER TO REMAIN
S HEW DRIVEWAY TO 8E RESURFACEDWfTH ACCENT PAVING
[T| EXISTING LANDSCAPING TO REMAIN
[T] EXISTING CONCRETE SVDEWALK TO REMAIN
[5] NEW 6" CONCRETE CURB
fin PROVIDE NEW CONCRETE PAVING
[T} NEW CONCRETE W/ACCENT PAVING
, PROVIDE NEW 6'-0'
TRASH ENCLOSURE
PROVIDE NEW PLANT
REFER TO LANDSCAF
Q£J MEW CONCRETE WALKWAY
JWDA
PROJECT tMUE:
SPRINGHlLL SUITES
PROJECT MORES!*
3136 CARLSBAD BLVD.
CARLSBAD, CA
A-1
CITY OF CARLSBAD APPLICATION NUMBERS;
RP P5-03.SDP OS-04. CDP 05-14. LCPA OS-02, ZC 05-02. GPA 05-05
CITY OF CARLSBAD APPLICATION NUMBERS:
RP OS-03.SDP 05O4. CDP 05-14. LCPA QM2. ZC 05-02. GPA 05-05
crrv OF CARLSBAD APPLICATION NUMBERS:
RP QS-03.SDP 05-04, GPP 05-14. LCPA 05-J2. ZG 05-O2. GPA OS-OS
CITY OF CARLSBAD APPLICATION NUMBERS:
RP OM3.SDP OSJ», GPP 05-H. LCPA 05-02. ZC 05-02. BPA 05-05
CITY OF CARLSBAD APPLICATION NUMBERS:
RP 05-03.SOP 05-04. COP 05-14. LCPA 05-02,2C 05-02. GPA 05-05
PARKING PROVIDED:
LOCATION:
UPPER LEVEL
LOWER LEVEL
TOTAL:
H.C.SPACES
5
»
5
STANDARDSPACES
54
64
118
COMPACTSPACES
1 .
1
2
TOTAL
60
65
125
BASEMENT GARAGE:
LOCATION
UPPER LEVEL
LOWER LEVEL
TOTAL
AREA
28.2+1 SQ.FT.
28.248 SQ.FT.
56.489 SQ.FT.
PARKING DESIGNATION
S STANDARD HIM. B'-6" X 20'-0"
C COMPACT MM. S'-CT x 15'-0"
H ACCESSIBLE 9'-0" x 20'-0"
LOWER PARKING FLOOR PLAN
JWDA
SPRINGHlLL SUITES•jU/nuH
3138 CARLSBAD BLVD.
CARLSBAD, CA
LOWER PARKING FLOOR PLAN A-6
CITY OF CARLSBAD APPLICATION NUMBERS:
RP 05-03.SDP OHM, CDP 05-14, LCPA OM2, ZC 05-02, GPA 05-05
CITY OF CARLSBAD APPLICATION NUMBERS:
RP 05-Q3.SDP 05-04, GDP D5-14, LCPA 05-02, ZC 05-02. GPA OS-OS
ELEVATION - F
JWDA
ii rwiui «~- >^ m^». ci KJBJu. [HI) m-«n tu Wtl iv
PROJECT HU1&
SpRiNcHiLL SUITES
3136 CARLSBAD BLVD.
CARLSBAD, CA
A-8
VR-DISTRICT 9
ROOF PLAN
Cm OF CARLSBAD APPLICATION NUMBERS;
RP OS-Q3.SDP QM4. CDP QS-14. LCPA OM2, ZC QM2. GPJVQS-Q5
ALL ROOT MOUNTED EQUIPMENT TO BE INSTALLED IN
ACCORDANCE WITH BUILDING DEPARTMENT POLICY 80-6
ROOF PLAN KEY NOTES
jT] MANSARD ROOF
(TJ ROOF TERRACE
[Tj BUILT-UP ROOFING
[T] ROOF PARAPET WALLS
[Tj ROOF WALK PADS
[Tj ROOF DRAIN. T»P
jTj CRICKET
[T] CANT STRIP
[Fj LOWER ROOF
|to] ROOF MOUNTED-KITCHEN MECHANICAL
W EQUIPMENT WITH VISUAL SCREENS
JWDA
3136 CARLSBAD BLVD.
CARLSBAD. CA
A-9
CITY OF CARLSBAD APPLICATION NUMBERS:
RP OM3.SOP 05-04. CDP 05-K LCPA 05-02, ZC 05^2. GPA 05-05
MEA. %
9UILDING SECTION
^e&!*!U.ti?~ ' I— "1
«-ltaBtltiM-ftoasE ««r *
A l«y l»m< ftp )VoE-sSf ~~
UILDING SECTION
JWDA
PROJECT HUIE:
SPRINGHlLL SUITES•Jiumoll
KEY MAP
A-10
CITY OF CARLSBAD APPLICATION NUMBERS:
RP 05.03.SDP OSO4. CDP 05-H. LCPA OSJ2. ZC OM2. GPA 05-05
ELEVATION - G
KEY MAP JWDA
PROJECI KAMB
SPRINCHlLL SUITES
Pfiojecr uastss-.
3136 CARLSBAD BLVD.
CARLSBAD, CA
WALL-ELEVATIONS A-14
CITY OF CARLSBAD APPLICATION NUMBERS:
RP Q5.Q3,SDP 05-04. CDP 05-KLCPA OM2. ZC 05-02. CPA115-05
o
VIEW 1
O
VIEW 2 KEY MAP
Gl
JWDA
PROJECT NAME:
SPRINGHllXSUfTES
PROJECT ADDRESS:
3136 CARLSBAD BLVD.
CARLSBAD, CA
SPOT PERSPECTIVES A-15
CITY OF CARLSBAD APPLICATION NUMBERS:
RP 05-03,SDP 05-04. CDP 06-14, LCPA OM2. ZC 05 -02. GPA 05-05
VIEW ALONG LINCOLN ST.
VIEW ALONG CARLSBAD BLVD.
\ 1
JWDA
SPRINGHILL SUITES
PmUECT M30RCS&
3136 CARLSBAD BLVD.
CARLSBAD, CA
A-16
PLANT L' E (? E N P•mee LIST :
Landscape Concept
: DKN - 5FRIN6HILL HOTEL
eon of e
_•*-* - .34 heh Bo*CARLSBAD (VILLAGE) GA.
6TENOCARFUS
. MCHSHTOPHOEMX
-itt3-lB--06 Inch Bnc/ IBfl B.T.
STA6RU9 ronwoefriflntai cwsenPalm - roajs of Milling psh* on •»•
NTBUCK THCMS TW5a. , 3O-29 - J4lneh Bon In Ccflt«liwr»
ABCHOKTOPUOHEK Alexandra Pelm
Biexm
«vew.^»«et
SHRUB LIST
B0TMIICAL NAME±]COMMON NAME SttH OP COMTAwm
TellBUi Pottoao Ulu
not
PttlUXlBird of PwodlM±]taLBu
—.•\ao-\9O-a fiALLON
Hbc«mua Bftlensl*•HomhflUahr
Kunohra odlaitlTonWs
B(r^» Nest Fern
LMtner Latf Farn
ta Jqpotrium VarlegdU
& - ilude UderaiL
5 - ahada tohsnrt.
B - *hOda taknnt
0-16ALLOH 419-9 AALU3H
TM3 LMCCtM 5T RCtt M
1JST-HERBACIOUS
THERE ARE Ta» &OSTW4 6TREET TREES IN THE PUBLIC RCW. CM CAfUfaAD BLVD. AU. APFEAB TO BE lfdHN6TGNL>.
MCWCAM PAMPALM) , OP THE TB4 1Vi*J ARE 6TVHTED HtD UKP&tAHOS*4. CUB Of
DISCARCtX> MIP HSO^CED MTM ONB EMSTIHA ffULL SUE) TREE3 THAT ARE N ARBAS THAT MLL BC COME (4ARP9CAfB.
AND t*@aARB4BlTO FCUJD Mm THE COY 0P
BT TWB MKB tWAKIMBHT
.. .
9, AU. FINAU LAHD9£AFe Pl>M WALL /KPHH^C TO THE
LANDSCAPE MAWAL. EXCEPT A3 MtXHFIEO AMD4. THE PROCcr CX7S HOT COHTAJH
9. ALL n-AKHHA APEAS SHALL PECt3VC A B HCH C0CCR OP OPhSAHIC MULCH.
6, AH ATTEMPT MU. BE M/OB TO TRAK5PLANT, 5TOBB AKP REUEC TPE^S CVRREKILT EMSnt6 6N B(IB f OCEHPALH5; •
PI0KT- DATE PALMS AND filAHT BRD OP fARAPIBC.
1. TUB THREE W*J3« EXSTIH* TKffiS ALCMft TUB UMCCHW STREET PKCWATe (CNB nOS^RVATB, 1W3 PfJE-d£VO SHALL BF
RBMOVEP. ' '
INATBR CONSERVATION _ ; _ : _ •
N AHT tARSE AREA OP PLAKnMO.3. ALL PLAMTO6 AREAS SHOW OH 1M& PUAH MLL BE MAINTAWED BT THE HOTEL.9. THB PLAN &MA6 FOR a^aPC^ZfiitCOTffiFt>KTW6waj»»« THE RETB*T*
AREA OP TIW H THE CARLSBAD BL.VP.' P
AS IMERE ARE NO A»IEA5 O" ZCNES 3 OR *4. riNALM>W*l* W-AHS SlVJi ADDW^ TVHBNEEpreW «*£>ra*9i^nwTV^^
BQ». EFP1CIEHT M*TB««fi METHOP5 AHP PBOPBt LAHDSCATB MAKIEHANCB f*& KAHASEMEMT.
W ALL OTHEJ* AREA Of THE PJ«ero2EP LAMOSCAFE ARE 2CMB TWO
SHEET 1 OF 1