HomeMy WebLinkAbout1998-10-06; City Council; 14876; Courtyard by MarriottMTG. 10/6/98 COURTYARD BY MARRIOTT
GPA 98-021SP 181(B)
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L-4 That the City Council INTRODUCE Ordinance No. NS- Ys8 APPROVING Specific Plan Am
181 (B) and ADOPT Resolution No. 98 -328, APPROVING the Mitigated Negative De(
Mitigation Monitoring and Reporting Program and General Plan Amendment 98-02.
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E: 0 ITEM EXPLANATION: .rl c, 3 4 0 rn
On September 2, 1998, the Planning Commission conducted a public hearing and approi
the non-legislative discretionary development permits (CUP 98-1 4, and HDP 97-20)
Courtyard by Marriott project. These permits will allow for the development of a 145 room
Hotel on a 3.74 acre property located to the north of Palomar Airport Road, along the sout
Owens Avenue in the Carlsbad Airport Center Specific Plan. The proposed 145 room, tht
hotel will include; a limited service restaurant, two small meeting rooms, associated par1
recreation facilities (outdoor courtyard with pool and jacuzzi). The project as propo!
approved by the Planning Commission without major revisions.
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* m Implementation of this project will require the approval by the City Council of two legislativi
v) (SP 181(B) and GPA 98-02). The Planning Commission and staff are recommending SI
both of these legislative actions which are discussed below.
The project site is located within the Carlsbad Airport Center Specific Plan (SP181(A:
Specific Plan indicates that the development of a hotel use within the specific plan area req
approval of three land use permits including: a site development plan, conditional use pern
general plan amendment. As a part of this project, the applicant is requesting appro\
amendment to the Carlsbad Airport Center Specific Plan (SP181(B)) to eliminate the genl
a amendment requirement for hotel, motel and theater uses and the site developmc
L)a 3m requirement for all commercial uses permitted within the Carlsbad Airport Center Specific P
a- 0 approval of this Specific Plan Amendment 181 (B) would still require that a conditional use F
processed and approved for all future “commercial uses” proposed within the Carlsbac
Center Specific Plan.
In order to adequately park the hotel project the applicant is proposing to amend the Genc
(GPA 98-02) to convert 57 acres of adjacent disturbed Open Space to Planned Industrial u
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co the Carlsbad Research Center.
\ 0 FISCAL IMPACT:
6; General Plan Open Space would be replaced with .57 acres of native habitat that is locatc
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PAGE 2 OF AGENDA 3) LL NO. /vi 8%~ 0
ENVIRONMENTAL REVIEW:
The Planning Commission has determined that this project will not result in significa impacts to the environment. However, implementation of the project could result in potentia
impacts to off-site biological resources (oak trees). The developer has agreed to add a n
measure to the project to reduce potential impacts to the oak trees to below a level of signifr
accordance with the requirements of the California Environmental Quality Act (CEC
consideration of the foregoing, the Planning Director issued a Mitigated Negative Declaratio
project on June 27, 1998.
EXHIBITS:
1. Ordinance No. Ns- qsg
2. City Council Resolution No. 9 8- 328
3. Location Map
4. Planning Commission Resolution No. 4372, 4373, 4374, 4375 and 4376.
5. Planning Commission Staff Report, dated September 2, 1998
6. Excerpts of Planning Commission Minutes, dated September 2, 1998.
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ORDINANCE NO. NS-458
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING THE CARLSBAD
AIRPORT CENTER SPECIFIC PLAN AMENDMENT (SP 181 (B))
TO MODIFY THE PERMIT REQUIREMENT PROVISIONS FOR
HOTEL, MOTEL, THEATER AND OTHER COMMERCIAL USES
WITHIN THE CARLSBAD AIRPORT CENTER SPECIFIC PLAN
SIDE OF PALOMAR AIRPORT ROAD TO THE SOUTH AND
WEST OF PALOMAR AIRPORT IN LOCAL FACILITIES
MANAGEMENT ZONE 5.
CASE NAME: COURTYARD BY MARRIOTT
CASE NO.: SP 181 (R)
The City Council of the City of Carlsbad, California, does ordain as folloc
WHEREAS, the City Council of the City of Carlsbad has revie1
ON PROPERTY GENERALLY LOCATED ALONG THE NORTH
considered a Specific Plan Amendment for future development of the site; and
WHEREAS, the Carlsbad Airport Center Specific Plan was adoptec
Council Ordinance No. 9635 on August 3, 1982 and constitutes the development stanc
design guidelines for the development of the subject property; and
WHEREAS, the Carlsbad Airport Center Specific Plan was amen
18l(A)) through City Council Ordinance No. NS-178 on October 20, 1991; and
WHEREAS, after procedures in accordance with requirements of law
Council has determined that the public interest indicates that said plan amenc
approved.
NOW, THEREFORE, the City Council of the City of Carlsbad does (
follows:
SECTION 1: That the Carlsbad Airport Center Specific Plan, as am
date, and further amended by the Carlsbad Airport Center Specific Plan Amendmer
Exhibit “Z, dated September 2, 1998, attached hereto and incorporated by reference
approved. The amended Specific Plan shall provide the development standards ar
guidelines for the development of the subject property and all development of the proy:
conform to the plan.
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SECTION 2: That the findings and conditions of the Planning Comm
Planning Commission Resolution No. 4374 shall constitute the findings and conditio!
City Council.
EFFECTIVE DATE: This ordinance shall be effective thirty days
adoption, and the City Clerk shall certify to the adoption of this ordinance and caw
published at least once in a publication of general circulation in the City of Carlsbad wit
fifteen days after its adoption. (Not withstanding the preceding, this ordinance shz
effective within the City's Coastal Zone until approved by the California Coastal Commr
INTRODUCED AND FIRST READ at a regular meeting of the Carl5
Council on the 6th day of October 1998, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of tt
Carlsbad on the day of 1998, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
CLAUDE A. LEWIS, Mayor
ATTEST;
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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RESOLUTION NO. 98-328
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
- CARLSBAD, CALIFORNIA, APPROVING A MITIGATED
NEGATIVE DECLARATION, MITIGATION MONITORING AND REPORTING PROGRAM, AND A GENERAL PLAN
AMENDMENT TO CHANGE 57 ACRES OF A PROPERTY FROM OPEN SPACE TO PLANNED INDUSTRIAL AND TO
CHANGE .57 ACRES OF ANOTHER PROPERTY FROM
PLANNED INDUSTRIAL TO OPEN SPACE ON PROPERTIES
GENERALLY LOCATED TO THE NORTH OF PALOMAR
AIRPORT ROAD BETWEEN EL CAMINO REAL AND COLLEGE
BOULEVARD IN LOCAL FACILITIES MANAGEMENT ZONE 5.
CASE NAME: COURTYARD BY MARRIOTT
CASE NO.: GPA 98-02
The City Council of the City of Carlsbad, California, does hereby rest
follows:
WHEREAS, verified applications for a General Plan Amendment for
property to wit:
A portion of lot 26 of Carlsbad Tract No. CT 81-46, Unit 2,
according to Map No. 11 288, filed in the Office of the County Clerk
on July 16, 1985 and a portion of lot 101 of Carlsbad Tract No. 85-
24, Unit No. 5, according to Map No. 12815, filed in the Office of
the County Clerk on May 16, 1991, all in the City of Carlsbad,
County of San Diego, State of California,
has been filed with the City of Carlsbad and referred to the Planning Commission; and
WHEREAS, the Carlsbad Planning Commission did on September 2, 19
a duly noticed public hearing as prescribed by law to consider a Mitigated Negative Dec
Mitigation Monitoring and Reporting Program, and General Plan Amendment (GPA 9
change .57 acres of a property from open space to planned industrial and to change .57
another property from planned industrial to open space; and
WHEREAS, the Planning Commission did on September 2, 1998, aftei
and considering all the evidence and testimony of all people desiring to be hear
Planning Commission Resolutions No. 4372 and 4373 recommending approval of the
Negative Declaration, Mitigation Monitoring and Reporting Program, and Gene
Amendment; and
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WHEREAS, the City Council of the City of Carlsbad, on the 6th
October , 1998, held a duly noticed public hearing as prescribed by law to consic
Commission’s recommendations and all evidence, testimony, and argument of those p
present and desiring to be heard and approved the Mitigated Negative Declaration, Mi
Monitoring and Reporting Program, and General Plan Amendment; and
WHEREAS, notification of a 20 day review period for a Mitigated N
Declaration for the project was published in a newspaper of general circulation, and a M
Negative Declaration was issued on June 27, 1998. All comments received from that
period are fully incorporated into the conditions of approval for the General Plan Arne
and other project approvals and these conditions will be reviewed through a monitoring F
set up for the project; and
WHEREAS, the findings and conditions of the Planning Commission Res
No. 4372 and 4373 approving the Mitigated Negative Declaration, Mitigation Monitor
Reporting Program, and the General Plan Amendment constitute the findings and cond
the City Council; and
WHEREAS, the City Council on the 6th , day of October
approving a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Prc
compliance with the City of Carlsbad Environmental Protection Ordinance and the C
Environmental Quality Act.
NOW THEREFORE BE IT RESOLVED by the City Council of the
Carlsbad, California as follows:
1. That the above recitations are true and correct.
2. That the Mitigated Negative Declaration and Mitigation Monitoi
Reporting Program are approved and that the findings and conditions of the
Commission contained in Resolution No. 4372, on file with the City Clerk and incc
herein by reference, are the findings and conditions of the City Council.
3. That the General Plan Amendment is approved and that the find
conditions of the Planning Commission contained in Resolution No. 4373, on file witt
Clerk and incorporated herein by reference, are the findings and conditions of the City (
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4. That the City Council adopts and incorporates Planning Comn
Resolutions No. 4372 and 4373 approving the Courtyard By Marriott General Plan Ament
5. That the City Council finds that the Mitigated Negative Declaratic
Mitigation Monitoring and Reporting Program, Courtyard By Marriott, reflects the indep
judgment of the City Council of the City of Carlsbad.
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EFFECTIVE DATE: This resolution shall be effective upon its adoption, except as
General Plan Amendment, which shall become effective thirty (30) days following the ac
of the resolution by the City Council approving the Third General Plan Amendment of 199
PASSED AND ADOPTED at a regular meeting of the City Council of the
Carlsbad on the 6th day of October 1998, by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, and Hall
NOES: None
ABSENT: Council Member Kulchin
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(S EAL)
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FALOMAR AIRPORT
@
COURTYARD BY MARRIOTT
GPA 98-02/SP 181(B)
EXHIBIT "Z"
September 2, 19 0
SPECIFIC PLAN:
CARLSBAD AIRPORT CENTRE
(Formerly AIRPORT BUSINESS CENTER)
CARLSBAD, CALIFORNJA
SP 181 (A)
HUNTINGTON HOSPITALITY GROUP
PROPOSED REVISED PAGES
AUGUST 26, 1998
9 0 4. Service industries or those industries providing a service as opposed
manufacture of a specific product, such as the repair and maintenar
appliances or component parts, tooling, printers, testing shops,
machine shops, shops ergaged in the repair, maintenance and servicii
such items, excluding automobile and truck repair, and excl
equipment rental yards.
5. Industries engaged in the distribution and/or storage or warehousi
products similar to those listed in other permitted uses in this group.
6. Construction industries such as general contractors, elec
contractors, plumbing contractors, etc., and their accessory and incic
office uses.
7. Blueprinting, photostatting, photo-engraving, printing, publishing
bookbinding.
8. Administrative and professional offices, limited to a) offices whict
associated with any permitted industrial use or b) offices which d
attract nor are primarily dependent upon business customers visitins
office. Permitted offices include, but are not limited to, corporate of
regional offices, general offices, and such professional office
accountants, attorneys, engineers, architects, and planners. Prohi
office include, but are not limited to, banks and financial institut
medical and dental offices, employment agencies, real estate agencies
travel agencies.
9. Employee cafeteria, cafe, restaurant, or auditorium accessory with
incidental to apermitted use (intended primarily for the express L
those persons employed at the firm or use where such incidental b
app li e d) .
Accessory uses and structures when related and incidental to a perm
use such as, but not limited to, food preparation, food servicing, and e
facilities.
10.
B. AREA2
Area 2 is designated for industrial support uses, business and professional I
and certain retail uses supporting the business park.
The commercial areas in Area 2 require a conditional use permit az4-a
p for each use pursuant to Chapter44-621.42 of the Carlsbad Municipal C
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e .. a Q-Overlay Zone) prior to development. d
Permitted uses in Area 2 are:
1. Retail businesses (oriented to needs of complex employees);
2. Service businesses (oriented to needs of complex employee
bus in e ss es) ;
3. Personal service businesses;
4. Financial service businesses;
5. Blueprinting. phatostatting, phata-engraving, printing, publishin!
bookkeeping;
Administrative, professional, and business offices:
Health or athletic club facilities;
6.
7.
8. Service stations;
9. .. .. Hotels, motels, and theaters; [
10. Restaurants may be permitted anywhere in the Airport Business 1
with a conditional use permit subject to the provisions of Section 21
the Carlsbad Municipal code. At a minimum, this conditional use F
shall address adequate parking, 'distance between restab
compatibility with surrounding uses, and hours of operation.
C. ARE34 3 - FUTURE PLANNING ARE4
Because of topography and access problems, possible development of Are:
premature a this time. If at some time in the future development is proposed in this area,
major amendment to the Specific Plan will be processed by the Planning Commission an
Council. Uses proposed for this area should be compatible with the adjacent Macario Canyon
The burden of proof to develop this area lies with the developer. Before development o
property can occur. it must be shown that proposed uses for this area are compatible
Macario Canyon Park and with the adjacent open space area and that proper access is availa
the site.
D. CC&R'S
Prior to any development within the Airport Business Centre, the developer
prepare covenants, conditions and restrictions (CC&R's) applicable to the entire park site.
CC&R's shall be approved by the Planning Director prior to the approval of any final map fc
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EX1 0 a
PLANNING COMMISSION RESOLUTION NO. 4372
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAIUSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A MITIGATED NEGATIVE DECLARATION
AND MITIGATION MONITORTNG AND REPORTING
PROGRAM TO DEVELOP A f& ROOM HOTEL AND
ASSOCIATED PARKING AND RECREATIONAL AMENITIES
ON PROPERTY GENERALLY LOCATED ALONG THE
SOUTH SIDE OF OWENS AVENUE TO THE NORTH OF
PALOMAR AIRPORT ROAD AND EAST OF CAMINO VIDA
ROBLE IN LOCAL FACILITIES MANAGEMENT ZONE 5
CASE NAME: COURTYARD BY MARRIOTT
CASE NO.: GPA 98-02/SP 18 1 (B)/CUP 98-14/HDP 97-20
WHEREAS, Carlsbad HHG/APM Hotel Venture, Limited Part
“Developer”, has filed a verified application (GPA 98-02/SP 18l(B)/CUP 98-14/HD1
with the City of Carlsbad regarding property owned by E. Stanley Rodier and C
Airport Centre Owners Association, “Owner”, described as
A portion of Lots 26 and 28 of Carlsbad Tract 81-46, Unit No.
2, in the City of Carlsbad, County of San Diego, State of
California, according to Map thereof No. 11288, filed in the
Office of the County Recorder of San Diego County, July 16,
1985.
(“the Property”); and
WHEREAS, the Planning Commission did on the 2nd day of Septembe
hold a duly noticed public hearing as prescribed by law to consider said request (GPA 91
181 (B)/ CUP 98-14/HDP 97-20); and
WHEREAS, at said public hearing, upon hearing and considering all te
and arguments, examining the initial study, analyzing the information submitted by st
considering any written comments received, the Planning Commission considered all
relating to the Negative Declaration.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the P
Commission as follows:
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A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the
Declaration according to Exhibit “ND” dated July 27, 1998, and “PII” d
17,1998, attached hereto and made a part hereof, based on the following
Commission hereby RECOMMENDS APPROVAL of the Mitigated
Fin dings :
1. The Planning Commission of the City of Carlsbad has reviewed, anal)
considered the Mitigated Negative Declaration, the environmental impact:
identified for this project and said comments thereon, and the Mitigation Monitc
Reporting Program, on file in the Planning Department, prior to RECOMMl
APPROVAL of the project. Based on the EIA Part I1 and comments the
Planning Commission finds that there is no substantial evidence the project w
significant effect on the environment and hereby RECOMMENDS APPROVl
Mitigated Negative Declaration.
2. The Planning Commission does hereby find that the Mitigated Negative Declari
Mitigation Monitoring and Reporting Program have been prepared in accorda
requirements of the California Environmental Quality Act, the State Guideline!
Environmental Protection Procedures of the City of Carlsbad.
The Planning Commission finds that the Mitigated Negative Declaration rei
independent judgment of the Planning Commission of the City of Carlsbad.
3.
Conditions:
1. The Developer shall implement, or cause the implementation of, the Court:
Marriott Project Mitigation Monitoring and Reporting Program, dated Septe
1998.
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PC RES0 NO. 4372 -2-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 2nd day of September 19
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman, :
Monroy
NOES:
ABSENT:
ABSTAIN:
Commissioners Nielsen, Savary, and Welshons
CARLSBAD PLANNING COMMISSION
ATTEST:
-- MICHAEL J. HOLZM~~ER
Planning Director
PC RES0 NO. 4372 -3-
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- City of Carlsba(
MITIGATED NEGATIVE DECLARATION
Project AddressLocation: North of Palomar Airport Road and east of Camino Vida Ro
along the south side of Owens Avenue.
Project Description: A General Plan Amendment, Specific Plan Amendment, 5
Development Plan and Hillside Development Permit to devel01
3-story, 145 room hotel (Courtyard by Marriott), and associal
parking, landscaping and recreational amenities on 3.74 acres.
The City of Carlsbad has conducted an environmental review of the above described projl
pursuant to the Guidelines for Implementation of the Califonia Environmental Quality Act a
the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review
Mitigated Negative Declaration (declaration that the project will not have a significant impact I
the environment) is hereby issued for the subject project. Justification for this action is on file
the Planning Department,
A copy of the Mitigated Negative Declaration with supportive documents is on file in t
public are invited. Please submit comments in writing to the Planning Department within :
days of date of issuance. If you have any questions, please call Chris DeCerbo in the Plannii
Department at (760) 43 8- 1 1 6 1, extension 4445.
DATED: July 27, 1998
Planning Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments fiom t
CASE NO: GPA 98-02/SP 19 1 (B)/SDP 97-23/HDP 97-20
CASE NAME: COURTYARD BY MARRlOTT
PUBLISH DATE: July 27, 1998
Planning Director
2075 La Palmas Dr. - Carlsbad, CA 92009-1576 - (760) 438-1 161 - FAX (760) 438-08'
0 0
ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART I1
(TO BE COMPLETED BY THE PLANNING DEPARTMENT)
CASE NO: GPA 98-02/SP 181(B)/SDP 97-231HDP 97-;
DATE: 7/17/!
BACKGROUND
1. CASE NAME: COURTYARD BY MARRIOTT
2. APPLICANT: Carlsbad HHG/APM Venture LP
3. ADDRESS AND PHONE NUMBER OF APPLICANT: 4441 W. Airport Freeway, Irving,
Texas 75062 (972) 659-0259
4. DATE EIA FORM PART I SUBMITTED: 3/24/98
5. PROJECT DESCRIPTION: This project entails a General Plan Amendment, Specific PI:
Amendment, Site Development Plan and Hillside Development Permit to enable ti
development of a 3-story (33’ tall with allowed height protrusions up to 38’ 4.25’7, 145 roo
hotel (Courtyard by Marriott), and associated parking, landscaping and recreational amenities (
the south side of Owens Avenue.
a 3.74 acre 0roDert-y located north of Palomar Airport Road and east of Camino Vida Roble alor
SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The summary of environmental factors checked below would be potentially affected by this projec
involving at least one impact that is a “Potentially Significant Impact,” or “Potentially Significant Impat
Unless Mitigation Incorporated” as indicated by the checklist on the following pages.
0 Land Use and Planning [XI Transportation/Circulation 0 Public Services
Population and Housing
0 Geological Problems 0 Energy & Mineral Resources 0 Aesthetics
Biological Resources 0 Utilities & Service Systems
c] Water [7 Hazards 0 Cultural Resources
E Air Quality Noise Recreation
0 Mandatory Findings of Significance
1 Rev. 03/28/96
0
DETERMINATION.
(To be completed by the Lead Agency)
I find that the proposed project COULD NOT have a significant effect on tE
environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on tl
environment, there will not be a significant effect in this case because the mitigatic
measures described on an attached sheet have been added to the project. A NEGATIV
DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and s
EN,VIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have significant effect(s) on the environment, but
least one potentially significant effect 1) has been adequately analyzed in an earlic
document pursuant to applicable legal standards, and 2) has been addressed by mitigatic
measures based on the earlier analysis as described on attached sheets. An Mitigate
Negative Declaration is required, but it must analyze only the effects that remain to t
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addressed.
I find that although the proposed project could have a significant effect on tl
environment, there WILL NOT be a significant effect in this case because all potential
significant effects (a) have been analyzed adequately in an earlier Master Environment
Impact Review (MEIR 93-01) pursuant to applicable standards and (b) have been voide
or mitigated pursuant to that earlier Master Environmental Review (MEIR 93-0 1
including revisions or mitigation measures that are imposed upon the proposed projec
Therefore, a Notice of Prior Compliance has been prepared.
I,- ,- / /
/I ’. I 7.- 2 2 - 24: -/ ;/- { 1, */‘ ) d
Date - -- \-I Planner Signature
-+/z3/h
Date
2 Rev. 03/28/96
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ENVIRONMENTAL IMPACTS
STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City
conduct an Environmental Impact Assessment to determine if a project may have a
significant effect on the environment. The Environmental Impact Assessment appears in
the following pages in the form of a checklist. This checklist identifies any physical,
biological and human factors that might be impacted by the proposed project and
provides the City with information to use as the basis for deciding whether to prepare an
Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously
approved EIR or Negative Declaration.
e A brief explanation is required for all answers except “No Impact” answers that
are adequately supported by an information source cited in the parentheses
following each question. A “No Impact” answer is adequately supported if the
referenced information sources show that the impact simply does not apply to
projects like the one involved. A “No Impact” answer should be explained when
there is no source document to refer to, or it is based on project-specific factors as
well as general standards.
“Less Than Significant Impact” applies where there is supporting evidence that
the potential impact is not adversely significant, and the impact does not exceed
adopted general standards and policies.
e
e “Potentially Significant Unless Mitigation Incorporated” applies where the
incorporation of mitigation measures has reduced an effect from “Potentially
Significant Impact” to a “Less Thar, Significant Impact.” The developer must
agree to the mitigation, and the City must describe the mitigation measures, and
briefly explain how they reduce the effect to a less than significant level.
“Potentially Significant Impact” is appropriate if there is substantial evidence that
an effect is significant.
Based on an “EIA-Part 11”, if a proposed project could have a potentially
significant effect on the environment, but a potentially significant effects (a)
have been analyzed adequately in an earlier EIR or Mitigated Negative
Declaration pursuant to applicable standards and (b) have been avoided or
mitigated pursuant to that earlier EIR or Mitigated Negative Declaration,
including revisions or mitigation measures that are imposed upon the proposed
project, and none of the circumstances requiring a supplement to or supplemental
EIR are present and all the mitigation measures required by the prior
environmental document have been incorporated into this project, then no
additional environmental document is required (Prior Compliance).
e
e
0 When “Potentially Significant Impact” is checked the project is not necessarily
3 Rev. 03/28/96
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required to prepare an EIR if the significant effect has been analyzed adequately
in an earlier EIR pursuant to applicable standards and the effect will be mitigated,
or a “Statement of Overriding Considerations” has been made pursuant to that
earlier EIR.
A Negative Declaration may be prepared if the City perceives no substantial
evidence that the project or any of its aspects may cause a significant effect on the
environment.
If there are one or more potentially significant effects, the City may avoid
than significant, and those mitigation measures are agreed to by the developer
prior to public review. In this case, the appropriate “Potentially Significant
Impact Unless Mitigation Incorporated” may be checked and a Mitigated
Negative Declaration may be prepared.
An EIR must be prepared if “Potentially Significant Impact” is checked, and
including but not limited to the following circumstances: (1) the potentially
significant effect has not been discussed or mitigated in an Earlier EIR pursuant to
applicable standards, and the developer does not agree to mitigation measures that
reduce the impact to less than significant; (2) a “Statement of Overriding
Considerations” for the significant impact has not been made pursuant to an
earlier EIR; (3) proposed mitigation measures do not reduce the impact to less
than significant, or; (4) through the EIA-Part I1 analysis it is not possible to
determine the level of significance for a potentially adverse effect, or determine
the effectiveness of a mitigation measure in reducing a potentially significant
effect to below a level of significance.
e
e
preparing an EIR if there are mitigation measures to clearly reduce impacts to less
A discussion of potential impacts and the proposed mitigation measures appears at the end
form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attt
should be given to discussing mitigation for impacts which would otherwise be deten
significant.
Issues (and Supporting Information Sources). Potentially Potentially Less Than
Significant Significant Significan Ir
Impact Unless t Impact
Mitigation
Incorporated
1. LAND USE AND PLANNING. Would the proposal:.
a) Conflict with general plan designation or zoning?
(Source #(s): (#l:Pgs 5.6-1 - 5.6-18; #2: Pgs 90-93)
policies adopted by agencies with jurisdiction over the
project? (#l:Pgs 5.6-1 - 5.6-18; #2: Pgs 90-93) )
Be incompatible with existing land use in the vicinity?
0 0 ixI
17 0 0
b) Conflict with applicable environmental plans or
c) (#l:PgS 5.6-1 - 5.6-18; #2: Pgs 90-93))
4 Rev. 03/28/96
0 0
Issues (and Supporting Information Sources). Potentially Potentially Less Than I Significant Significant Significan Irr
Impact Unless t Impact
Incorporated
Mitigation
0 0 0 I:
0 o 0 E
d) Affect agricultural resources or operations (e.g. impacts
to soils or farmlands, or impacts from incompatible
land uses? (#l:Pgs 5.6-1 - 5.6-18: #2 Pgs 90-93)
e) Disrupt or divide the physical arrangement of an
established community (including a low-income or
minority community)? (#l:Pgs 5.6-1 - 5.6-18 #2 Pgs
90-93)
11. POPULATION AND HOUSING. Would the proposal:
a) Cumulatively exceed official regional or local
population projections? (#l:Pgs 5.5-1 - 5.5-6)
b) Induce substantial growth in an area either directly or
indirectly (e.g. through projects in an undeveloped area
or extension of major infrastructure)? (#l:Pgs 5.5-1 -
c) Displace existing housing, especially affordable
0 0 o E o 0 cl E
0 0 0 c 5.5-6)
housing? (#l:Pgs 5.5-1 - 5.5-6)
111. GEOLOGIC PROBLEMS. Would the proposal result in or
expose people to potential impacts involving:
0 0 c 0 0 o E
0 0 0 c
0 0 o E
0 0 E
0 o E
0 0 c
0 0 c
0 UC
0 0 0 c
o 0 I7 E
a) Fault rupture? (#l:Pgs 5.1-1 - 5.1-15; #2 Pgs. 77-84)
b) Seismic ground shaking? ((#l:Pgs 5.1-1 - 5.1-15; #2
c) Seismic ground failure, including liquefaction?
d) Seiche, tsunami, or volcanic hazard? (#l:Pgs 5.1-1 -
e) Landslides or mudflows? (#l:Pgs 5.1-1 - 5.1-15; #2
f) Erosion, changes in topography or unstable soil
conditions from excavation, grading, or fill? (#1 :Pgs
g) Subsidence of the land? (#l:Pgs 5.1-1 - 5.1-15; #2 Pgs.
h) Expansive soils? (#l:Pgs 5.1-1 - 5.1-15; #2 Pgs. 77-
84))
i) Unique geologic or physical features? (#1 :Pgs 5.1 - 1 -
5.1-15: #2 Pgs. 77-84)
PgS. 77-84)
((#l:PgS 5.1-1 - 5.1.15; #2 PgS. 77-84)
5.1-15; #2 Pgs. 77-84)
Pgs. 77-84)
5.1-1 - 5.1-15; #2 Pgs. 77-84))
77-84)
IV. WATER. Would the proposal result in:
a) Changes in absorption rates, drainage patterns, or the
rate and amount of surface runoff! (#l:Pgs 5.2-1 - 5..2-
b) Exposure of people or property to water related hazards
such as flooding? ((#l:Pgs 5.2-1 - 5..2-11; #2 Pgs. 84-
1 1 ; #2 Pgs. 84-90)
90)
5 Rev. 03/28/96
0 0
Issues (and Supporting information Sources). Potentially Potentially Less Than
Impact Unless t lrnpact
Incorporated Mitigation
Significant Significant Significan in
0 0 o l
0 0 0 l
0 I
0 1
c) Discharge into surface waters or other alteration of
surface water quality (e.g. temperature, dissolved
oxygen or turbidity)? ((#l:Pgs 5.2-1 - 5..2-11; #2 Pgs.
d) Changes in the amount of surface water in any water
e) Changes in currents, or the course or direction of water
movements? ((#l:Pgs 5.2-1 - 5..2-11; #2 Pgs. 84-90)))
f, Changes in the quantity of ground waters, either
through direct additions or withdrawals, or through
interception of an aquifer by cuts or excavations or
through substantial loss of groundwater recharge
capability? ((#l:Pgs 5.2-1 - 5..2-11; #2 Pgs. 84-90)
g) Altered direction or rate of flow of groundwater?
h) Impacts to groundwater quality? ((#l:Pgs 5.2-1 - 5..2-
i) Substantial reduction in the amount of groundwater
otherwise available for public water supplies? ((# 1 :Pgs
84-90))
body? ((#l:Pgs 5.2-1 - 5..2-11; #2 Pgs. 84-90)
0 cl O I
0 OI
0 0 0 E
((#l:PgS 5.2-1 - 5..2-11)
11; #2 Pgs. 84-90)
5.2-1 - 5..2-11; #2 PgS. 84-90)
V. AIR QUALITY. Would the proposal:
a) 0 ixl 1
o 0 E
0 0 o E
0 0 E
Violate any air quality standard or contribute to an
existing or projected air quality violation? (#l:Pgs 5.3-
b) Expose sensitive receptors to pollutants? (#l:Pgs 5.3-1
c) Alter air movement, moisture, or temperature, or cause any change in climate? ((#l:Pgs 5.3-1 - 5.3-12)
d) Create objectionable odors? ((#l:Pgs 5.3-1 - 5.3-12)
1 - 5.3-12)
- 5.3-12)
VI. TRANSPORTATION/CIRCULATION. Would the
a) Increased vehicle trips or traffic congestion? (# 1 :Pgs
b) Hazards to safety from design features (e.g. sharp
curves or dangerous intersections) or incompatible uses
(e.g. farm equipment)? (# 1 :Pgs 5.7- 1 - 5.7.22)
c) Inadequate emergency access or access to nearby uses?
d) Insufficient parking capacity on-site or off-site?
e) Hazards or barriers for pedestrians or bicyclists?
f) Conflicts with adopted policies supporting alternative
transportation (e.g. bus turnouts, bicycle racks)?
proposal result in:
0 El I
0 0 0 E
0 cl o E
0 0 0 c
0 0 E
cl c
5.7-1 - 5.7.22)
(#l:PgS 5.7-1 - 5.7.22)
(#l:PgS 5.7-1 - 5.7.22)
(#l:Pgs 5.7-1 - 5.7.22)
(#l:PgS 5.7-1 - 5.7.22)
6 Rev. 03/28/96
0 0
Issues (and Supporting Information Sources). Potentially Potentially Less Than 1
Significant Significant Significan Irr
Impact Unless t Impact Mitigation
Incorporated
0 0 cl E g) Rail, waterborne or air traffic impacts? (#l:Pgs 5.7-1 -
5.7.22)
VII. BIOLOGICAL RESOURCES. Would the proposal result
in impacts to:
Endangered, threatened or rare species or their habitats
(including but not limited to plants, fish, insects,
animals, and birds)? (#2)
b) Locally designated species (e.g. heritage trees)?
c) Locally designated natural communities (e.g. oak
d) Wetland habitat (e.g. marsh, riparian and vernal pool)?
e) Wildlife dispersal or migration corridors? (# 1 :Pgs 5.4- 1
0 o E
o 0 f
0 0 I
0 0 I
0 0 [
a)
(#l:Pgs 5.4-1 - 5.4-24)
forest, coastal habitat, etc.)? (#2)
(#2)
- 5.4-24)
VIII. ENERGY AND MINERAL RESOURCES. Would the
a) Conflict with adopted energy conservation plans?
b) Use non-renewable resources in a wasteful and
inefficient manner? (#l:Pgs 5.12.1-1 -5.12.1-5 & 5.13-
Result in the loss of availability of a known mineral
resource that would be of future value to the region and
the residents of the State? (#l:Pgs 5.12.1-1 - 5.12.1-5
proposal?
0 o l
0 I
0 I
(#l:PgS 5.12.1-1 - 5.12.1-5 & 5.13-1 - 5.13-9)
1 - 5.13-9)
c)
& 5.13-1 - 5.13-9)
IX. HAZARDS. Would the proposal involve:
'0 o I
0 0 0 I
0 0 1
0 0 I
0 o I
a) A risk of accidental explosion or release of hazardous
substances (including, but not limited to: oil, pesticides,
chemicals or radiation)? (#l:Pgs 5.10.1-1 - 5.10.1-5)
Possible interference with an emergency response plan
or emergency evacuation plan? (#l:Pgs 5.10.1-1 -
c) The creation of any health hazard or potential health
hazards? (#l:Pgs 5.10.1-1 - 5.10.1-5)
d) Exposure of people to existing sources of potential
health hazards? (#l:Pgs 5.10.1-1 - 5.10.1-5)
e) Increase fire hazard in areas with flammable brush,
grass, ortrees? (#l:Pgs 5.10.1-1 - 5.10.1-5)
b)
5.10.1-5)
X. NOISE. Would the proposal result in:
a) 0 0 0~ Increases in existing noise levels? (#l:Pgs 5.9-1 - 5.9-
15)
7 Rev. 03/28/96
0 0
Issues (and Supporting Information Sources). Potentially Potentially Less Than 1 Significant Significant Significan In
Impact Unless t Impact
Mitigation
Incorporated
0 0 E b) Exposure of people to severe noise levels? (#l:Pgs 5.9-
1 - 5.9-15)
XI. PUBLIC SERVICES. Would the proposal have an effect
upon, or result in a need for new or altered government
services in any of the following areas:
Fire protection? (#l:Pgs 5.12.5-1 - 5.12.5-6)
Police protection? (#l:Pgs 5.12.6-1 - 5.12.6-4) 0 17 171 0 0 E 0 0 0 c 0 0 0 E
0 0 0 1
a)
b)
C) Schools? (#l:PgS 5.12.7.1 - 5.12.7-5)
d) Maintenance of public facilities, including roads? (1,
e) Other governmental services? (#l:Pgs 5.12.1-1 - PgS 5.12.1-1 - 5.12.8-7)
5.12.8-7)
XII. UTILITIES AND SERVICES SYSTEMS. Would the
proposal result in a need for new systems or supplies,
or substantial alterations to the following utilities:
a) Power or natural gas? (#l:Pgs 5.12.1-1 - 5.12.1-5 &
b) Communications systems? (#l; pgs 5.12.1-1 - 5.12.8-7)
c) Local or regional water treatment or distribution
facilities? (#l:Pgs 5.12.2-1 - 5.12.3-7)
d) Sewer or septic tanks? (#l:Pgs 5.12.3-1 - 5.12.3-7)
e) Storm water drainage? (#l:Pg 5.2-8)
f) Solid waste disposal? (#l:Pgs 5.12.4-1 - 5.12.4-3)
g) Local or regional water supplies? (#l:Pgs 5.12.2-1 -
0 0 0 c
0 cl 0 1 0 0 0 E
cl 01 0 0 0 1 0 0 0 1 0 0 0 1
5.13-1 - 5.13-9)
5.12.3-7)
XIII. AESTHETICS. Would the proposal:
0 0 0 1
0 0 cl 1
0 0 0 1
0 0 0 1
0 0 0 1
cl cl cl 1
a) Affect a scenic or vista or scenic highway? (#l:Pgs
b) Have a demonstrate negative aesthetic effect? (# 1 :Pgs
c) Create light or glare? (#l:Pgs 5.1 1-1 - 5.1 1-5)
5.1 1-1 - 5.1 1-5)
5.1 1-1 - 5.1 1-5)
XIV. CULTURAL RESOURCES. Would the proposal:
Disturb paleontological resources? (#1 :Pgs 5.8-1 - 5.8-
10$2 Pgs. 44-50)
Disturb archaeological resources? (%l:Pgs 5.8-1 - 5.8-
Affect historical resources? (#l:Pgs 5.8-1 - 5.8-10;#2
a)
b)
c)
10;#2 Pgs. 44-50)
Pgs. 44-50)
8 Rev. 03/28/96
0 0
lssues (and Supporting lnforrnation Sources). Potentially Potentially Less Than 1
Significant Significant Significan In
Impact Unless t Impact Mitigation
Incorporated cl 0 1
0 1
d) Have the potential to cause a physical change which
would affect unique ethnic cultural values? (#l:Pgs
5.8-1 - 5.8-10;#2 PgS. 44-50))
Restrict existing religious or sacred uses within the
potential impact area? (#l:Pgs 5.8-1 - 5.8-10;#2 Pgs.
44-50)
e)
XV. RECREATIONAL. Would the proposal:
0 17 o I
0 cl 0 €
a) Increase the demand for neighborhood or regional
parks or other recreational facilities? (#l:Pgs 5.12.8-1 -
b) Affect existing recreational opportunities? (# 1 :Pgs
5.1 2.8-7)
5.12.8-1 - 5.12.8-7)
XVI. MANDATORY FINDINGS OF SIGNIFICANCE.
0 17 0 I: a) Does the project have the potential to degrade the
quality of the environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self-sustaining levels,
reduce the number or restrict the range of a rare or
endangered plant or animal or eliminate important
examples of the major periods of California history or
prehistory?
Does the project have impacts that are individually
limited, but cumulatively considerable?
(“Cumulatively considerable” means that the
incremental effects of a project are considerable when
viewed in connection with the effects of past projects,
the effects of other current projects, and the effects of
probable future projects)?
Does the project have environmental effects which will
cause the substantial adverse effects on human beings,
either directly or indirectly?
threaten to eliminate a plant or animal community,
o 0 0 c b)
0 17 0 i: c)
XVII. EARLIER ANALYSES.
Earlier analysis of this proposed hotel project has been completed through the General
Plan Update (GPA 94-01) Environmental Impact Report (EIR 81-6). The MEIR is cited
as source #1 in the preceding checklist. EIR 81-06 is source #2. This proposal is
consistent with the applicable portions of the General Plan and is considered a
Subsequent Project that was described in MEIR 93-01 as within its scope. All feasible
mitigation measures identified in MEIR 93-01 which are appropriate to this and related
Master Environmental Impact Report (MEIR 93-01) and the Airport Business Center
Subsequent Project have been incorporated into this project.
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DISCUSSION OF ENVIRONMENTAL EVALUATION
I. PROJECT DESCRIPTIONA7NVIRONMENTAL SETTING
This Courtyard by Marriott project is a 145 room hotel that will include a limited service
restaurant (1,752 square feet), two small meeting rooms (1,051 square feet total), and
associated parking (203 spaces) and recreation facilities (outdoor courtyard with pool and
jacuzzi). The project will be developed on a pre-graded 3.74 acre property located along
Owens Avenue in the Carlsbad Airport Center planned industrial park. The proposed
hotel is a 80,398 square foot, three story structure that measures 33’ in height with
allowed height protrusions up to 38’ 4.25”. Driveway access will be provided off of
Owens Avenue and on-site parking will be provided consistent with the City’s parking
requirements. Project grading will include 12,000 cubic yards of cut and 7,000 cubic
yards of fill.
In order to adequately park the proposed project, the applicant is proposing to convert
24,885 (.57 acres) square feet of General Plan Open Space to Planned Industrial use.
This General Plan Open Space would be replaced with 25,000 square feet of native
habitat that is located on Lot 101 of the Carlsbad Research Center (CT 85-24). The
General Plan Open Space area that is proposed to be developed with parking uses is a
portion of Lot 26 of the Carlsbad Airport Center (CT 81-46) that is located immediately
adjacent to and east of the subject property. The Open Space area is comprised of a
manufactured slope that was developed in association with the original grading of the
industrial subdivision and is planted with ornamental landscaping. The area also includes
a storm drain and its outlet structure. Adjacent to the proposed open space encroachment
area is a drainage that contains oak trees. The oak tree area will be required to be staked
and flagged in the field and posted as off-limits to construction activity prior to the
issuance of a grading permit.
11. ENVIRONMENTAL ANALYSIS
B. Environmental Impact Discussion
Land Use
The subject property is designated Planned Industrial (P-I), is zoned Planned Industrial
(P-M) and is located within the Carlsbad Airport Center Specific Plan (SP181(A)).
Specific Plan 181(A) designates the project site (Lot # 28 of CT 81-46) for the
development of commercial uses, including hotels. The proposed 144 room Marriott
Courtyard hotel is therefore consistent with the General Plan, P-M Zone and Specific
Plan 18l(A).
10 Rev. 03/28/96
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The project applicant is proposing project encroachment (24,885 sq. fi.) into General Plan
Open Space to develop required project parking. Consistent with Policy No. C.20. of the
Open Space and Conservation Element of the General Plan, the project is proposing to
mitigate this Open Space (OS) encroachment through the conversion of 25,000 sq. ft. of
Planned Industrial designated land to Open Space (Lot 101 of the Carlsbad Research
Center). In that the proposed OS is; (1) of equal size or larger, (2) landscaped with
native vegetation compared to ornamental landscaping on the existing OS, and (3) is in
close proximity to other OS, this proposal would be consistent with the General Plan.
Biology
The project site is a pregraded site that is sparsely vegetated with non-native grasses and
ornamental landscaping. The General Plan Open Space area that is proposed to be
developed with parking uses is comprised of a manufactured slope that was developed in
association with the original grading of the industrial subdivision (CT 81-46) and is
planted with ornamental landscaping. The area also includes a storm drain and its outlet
structure. Adjacent to the proposed open space encroachment area is a drainage that
contains oak trees. The oak tree area will be required to be staked and flagged in the field
and posted as off-limits to construction activity prior to the issuance of a grading permit.
Air Quality
The implementation of subsequent projects that are consistent with and included in the
updated 1994 General Plan will result in increased gas and electric power consumption
and vehicle miles traveled. These subsequently result in increases in the emission of
carbon monoxide, reactive organic gases, oxides of nitrogen and sulfur, and suspended
as in the San Diego Air Basin. Since the San Diego Air Basin is a “non-attainment
basin”, any additional air emissions are considered cumulatively significant; therefore,
continued development to buildout as proposed in the updated General Plan will have
cumulative significant impacts on the air quality of the region.
To lessen or minimize the impact on air quality associated with General Plan buildout, a
variety of mitigation measures are recommended in the Final Master EIR. These include:
1) provisions for roadway and intersection improvements prior to or concurrent with
development; 2) measures to reduce vehicle trips through the implementation of
Congestion and Transportation Demand Management; 3) provisions to encourage
alternative modes of transportation including mass transit services; 4) conditions to
promote energy efficient building and site design; and 5) participation in regional growth
management strategies when adopted. The applicable and appropriate General Plan air
quality mitigation measures have either been incorporated into the design of the project or
are included as conditions of project approval.
Operation-related emissions are considered cumulatively significant because the project
is located within a “non-attainment basin”, therefore, the “Initial Study” checklist is
particulates. These aerosols are the major contributors to air pollution in the City as well
11 Rev. 03/28/96
0 0
marked “Potentially Significant Impact”. This project is consistent with the General
Plan, therefore, the preparation of an EIR is not required because the certification of Final
Master EIR 93-01, by City Council Resolution No. 94-246, included a “Statement Of
Overriding Considerations” for air quality impacts. This “Statement Of Overriding
Considerations” applies to all subsequent projects covered by the General Plan’s Final
Master EIR, including this project, therefore, no further environmental review of air
quality impacts is required. This document is available at the Planning Department.
TransportatiodCirculation
The Zone 5 Local Facilities Management Plan and Final Master EIR 93-0 1 projected that
the subject property would develop with 43,778 sq. ft of commercial uses. Development
of the project site with 43,778 sq. ft. of commercial uses would generate 1,75 1 ADT (40
ADT/ 1000 sq. ft.). In comparison, the proposed 145 room hotel will generate 1,305
ADT (9ADT/Guest Room). The implementation of subsequent projects that are
consistent with and included in the updated 1994 General Plan will result in increased
traffic volumes. Roadway segments will be adequate to accommodate buildout traffic;
however, 12 full and 2 partial intersections will be severely impacted by regional
through-traffic over which the City has no jurisdictional control. These generally include
all freeway interchange areas and major intersections along Carlsbad Boulevard. Even
with the implementation of roadway improvements, a number of intersections are
projected to fail the City’s adopted Growth Management performance standards at
buildout.
To lessen or minimize the impact on circulation associated with General Plan buildout,
numerous mitigation measures have been recommended in the Final Master EIR. These
include: 1) measures to ensure the provision of circulation facilities concurrent with
need; 2) provisions to develop alternative modes of transportation such as trails, bicycle
routes, additional sidewalks, pedestrian linkages, and commuter rail systems; and 3)
participation in regional circulation strategies when adopted. The diversion of regional
through-traffic from a failing Interstate or State Highway onto City streets creates impacts
that are not within the jurisdiction of the City to control. The applicable and appropriate
General Plan circulation mitigation measures have either been incorporated into the
design of the project or are included as conditions of project approval.
Regional related circulation impacts are considered cumulatively significant because of
the failure of intersections at buildout of the General Plan due to regional through-traffic,
therefore, the “Initial Study” checklist is marked “Potentially Significant Impact”. This
project is consistent with the General Plan, therefore, the preparation of an EIR is not
required because the recent certification of Final Master EIR 93-01, by City Council
Resolution No. 94-246, included a “Statement Of Overriding Considerations” for
circulation impacts. This “Statement Of Overriding Considerations” applies to all
subsequent projects covered by the General Plan’s Master EIR, including this project,
therefore, no further environmental review of circulation impacts is required.
12 Rev. 03/28/96
0 e
111. EARLIER ANALYSES USED
The following documents were used in the analysis of this project and are on file in the
California, 92009, (760) 43 8- 1 16 1, extension 447 1.
1.
City of Carlsbad Planning Department located at 2075 Las Palmas Drive, Carlsbad,
Final Master Environmental Impact Report for the City of Carlsbad General Plan
Update (MEIR 93-0 l), dated March 1994, City of Carlsbad Planning Department.
2. Environmental Impact Report for the Airport Business Center (EIR Sl-6),
WESTEC Services, Inc., dated March, 1982.
LIST OF MITIGATING MEASURES (IF APPLICABLE)
1. Prior to the issuance of a grading permit, the oak trees which are located in the
drainage to the immediate south and west of the project shall be required to be staked
and flagged in the field and posted as off-limits to construction activity.
ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE)
APPLICANT CONCURRENCE WITH MITIGATION MEASURES
THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING
MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO
THE PROJECT.
7iiZZi%f 6iWt-w i2m E%zE6mnE A D.W
Signature
FoC tturndbd Hetrndq
Date
13 Rev. 03/28/96
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PLANNING COMMISSION RESOLUTION NO. 4373
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE LAND USE AND
OPEN SPACE ELEMENTS OF THE GENERAL PLAN,
CHANGING 0.57 ACRES OF A PROPERTY FROM OPEN
SPACE TO PLANNED INDUSTRIAL AND CHANGING 0.57
ACRES OF ANOTHER PROPERTY FROM PLANNED
INDUSTRIAL TO OPEN SPACE ON PROPERTIES
GENERALLY LOCATED NORTH OF PALOMAR AIRPORT ROAD BETWEEN EL CAMNO REAL AND COLLECE
BOULEVARD IN LOCAL FACILITIES MANAGEMENT ZONE
5.
CASE NAME: COURTYARD BY MARRIOTT
CASE NO: GPA 98-02
WHEREAS, Carlsbad H.H.G./A.P.M. Hotel Venture L.P., “Develo
filed a verified application with the City of Carlsbad regarding properties owned by 4
Airport Centre Owners Association and Thomas Hagaman Inc., “Owners”, describe
A portion of lot 26 of Carlsbad Tract No. CT 81-46, Unit 2,
according to Map No. 11288, filed in the Office of the County
Clerk on July 16, 1985 and a portion of lot 101 of Carlsbad
in the Office of the County Clerk on May 16, 1991, all in the
City of Carlsbad, County of San Diego, State of California,
Tract No, 85-24, Unit No, 5, according to Map No. 12815, filed
(“the Properties”); and
WHEREAS, said verified application constitutes a request for a Genl
Amendment to exchange open space and planned industrial land use designations on
Use Map, as shown on Exhibit “X” dated September 2, 1998, attached, COURTYr
MARRZOTT, GPA 98-02, as provided in Chapter 21.52 of the Carlsbad Municipal Col
WHEREAS, the Planning Commission did, on the 2nd day of Septemb
hold a duly noticed public hearing as prescribed by law to consider said request;
WHEREAS, at said public hearing, upon hearing and considering all ti
and arguments, if any, of all persons desiring to be heard, said Commission considered a
relating to the General Plan Amendment.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission of the City of Carlsbad, as follows:
A)
B)
That the above recitations are true and correct.
That based on the evidence presented at the public hearing, the Cor
02, exchanging open space and planned industrial land use designa
the following findings and subject to the following conditions:
RECOMMENDS APPROVAL of COURTYARD BY MARRIOTT, (
two properties, as shown on Exhibit 66X77, dated September 2, 1998, I
Findings:
1. The proposed amendment to the land use element is consistent with the g
objectives of the various elements of the General Plan in that it assists in
and retaining open space while still providing for an orderly balance of land
The proposed open space area totals 0.57 acres which is equal to, or greater t
area depicted on the Official Open Space and Conservation Map, as shown on
“X”, dated September 2,1998, which also measures 0.57 acres.
2.
3. The proposed open space is of environmental quality equal to, or greater t
depicted on the Official Open Space and Conservation Map, as shown on ExhiE
dated September 2, 1998, in that the proposed open space contains native
whereas the existing open space area in landscaped with an ornamental paler
The proposed open space, as depicted on the Official Open Space and Conservatj
is contiguous, or within close proximity, to open space as shown on the Offc
Space Map, since there is Official Open Space and native habitat directly adj
the proposed open space.
4.
Conditions:
1. Staff is authorized and directed to make, or require the Developer to make, all co
and modifications to the General Plan Amendment documents necessary to m;
internally consistent and in conformity with final action on the project. Deve
different from this approval shall require an amendment to this approval.
Approval of GPA 98-02 is granted subject to approval of CUP 98-14, SP 181
shall occur substantially as shown in the approved Exhibits. Any proposed dew
2.
HDP 97-20.
...
...
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PASSED. APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 2nd day of September 19!
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas. Heineman. i
Monroy
NOES:
ABSENT:
AB STAIN:
Commissioners Nielsen, Savary, and Welshons
/p" * ,.B &P -)Jn\ &-&& /\ t I7 =$ i GL&.t&?&@
BAILEY NOBP, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HEZMILYER
Planning Director
9 PC RES0 NO. 4373 -3-
L~AlllUll
September 2,
GPA e 0 GENERAL PLAN MAP CHANGE
fina draft ix]
PUOIUR*VIPORT
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PLANNING COMMISSION RESOLUTION NO. 4374
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF SPECIFIC PLAN AMENDMENT NO. 181(B)
TO MODIFY THE PERMIT REQUIREMENT PROVISIONS
FOR HOTEL, MOTEL, THEATER AND OTHER
CENTER SPECIFIC PLAN ON PROPERTY GENERALLY
LOCATED ALONG THE NORTH SIDE OF PALOMAR
AIRPORT ROAD TO THE SOUTH AND WEST OF PALOMAR
AIRPORT IN LOCAL FACILITIES MANAGEMENT ZONE 5.
CASE NAME: COURTYARD BY MARRIOTT
CASE NO.: SP 181(B)
WHEREAS, Carlsbad HHG/APM Hotel Venture, Limited Part
“Developer”, has filed a verified application with the City of Carlsbad regarding propen
by E. Stanley Rodier and Carlsbad Airport Centre Owners Association, “Owner”, (
as
COMMERCIAL USES WITHIN THE CARLSBAD AIRPORT
A portion of Lots 26 and 28 of Carlsbad Tract 81-46, Unit No.
2, in the City of Carlsbad, County of San Diego, State of
California, according to Map thereof No. 11288, filed in the
1985.
(“the Property”); and
Office of the County Recorder of San Diego County, July 16,
WHEREAS, said verified application constitutes a request for a Spec
Amendment, to eliminate the general plan amendment requirement for hotel, m
theater uses and the site development plan requirement for all commercial uses
permitted within “Area 2” of the Carlsbad Airport Center Specific Plan SP 18
shown on the draft Council Ordinance Exhibit “Z” attached hereto and incorpor
this reference, COURTYARD BY MARRIOTT, SP 181 (B), as provided by SP 181
Government Code Section 65.453 and Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 2nd day of Septembt
hold a duly noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all tc
and arguments, if any, of all persons desiring to be heard, said Commission considered a
relating to the Specific Plan Amendment; and
WHEREAS, on October 20, 1991, the City Council approved SP18
described and conditioned in Planning Commission Resolution No. 3275 and City
Ordinance No. NS-178.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the ‘
Commission of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Cou
RECOMMENDS APPROVAL of COURTYARD BY MARRIO’
181(B), according to Exhibit “Z”, dated September 2, 1998, attachec
and made a part hereof, based on the following findings and subjec
following conditions:
Findings:
1. Any future commercial development proposed within the Carlsbad Airporl
Specific Plan shall require the approval of a Conditional Use Permir
Conditional Use Permit (Chapter 21.42 of the Municipal Code), will con1
provide the City with adequate project review and oversight authority in 1
necessary findings required for approval of a Conditional Use Permit (
21.42.020 of the Municipal Code) are the same findings (Section 21.06.02(
Municipal Code) that are required for the approval of a Site Developme1
Specifically, it would be necessary to demonstrate that the project is in corn
with the General Plan, compatible with adjacent land uses, environn
sensitive, in compliance with the development standards of the Carlsbad
Center Specific Plan, and that there are adequate public facilities.
The Conditional Use Permit provides the City with more project oversig
monitoring authority than a Site Development Plan.
A primary Commercial Goal (A.3) of the Land Use Element of the General
“A City which promotes economic development strategies, for corn1
industrial, office and tourist-oriented land uses”. This proposal to delete the
plan amendment requirement for hotel, motel and theater uses from the C
Airport Center Specific Plan is an example of a strategy to promote corn
2.
3.
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economic development by deleting duplicative and or unnecessary
requirements. Therefore, this proposed specific plan amendment is consist1
the General Plan.
4. All necessary public facilities can be provided concurrent with need and i
provisions have been provided to implement those portions of the capital impr
program applicable to the subject property.
The proposed commercial and hotel uses will be appropriate in area, loca
overall design to the purpose intended. The design and development standards
as to create an environment of sustained desirability and stability. Such developn
meet performance standards established by this title.
In the case of other similar non-residential uses, such development will be propo
surrounding areas are protected from any adverse effects from such development.
The streets and thoroughfares proposed are suitable and adequate to carry the an'
traffic thereon.
The area surrounding the development is or can be planned and zoned in coordina
substantial compatibility with the development.
Appropriate measures are proposed to mitigate any adverse environmental in
noted in the mitigated negative declaration for the project.
5.
6.
7.
8.
9.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all cor
and modifications to the Specific Plan Amendment document(s) necessary to ma
internally consistent and in conformity with final action on the project. Deve
shall occur substantially as shown in the approved Exhibits. Any proposed deve
different from this approval, shall require an amendment to this approval.
Approval of SP 181(B) is granted subject to the approval of GPA 98-02KUP 98 2.
HDP 97-20.
3. If any of the foregoing conditions fail to occur; or if they are, by their term:
implemented and maintained over time, if any of such conditions fail to
implemented and maintained according to their terms, the City shall have the
revoke or modify all approvals herein granted; deny or further condition issuanc
future building permits; deny, revoke or further condition all certificates of oc(
issued under the authority of approvals herein granted; institute and prosecute litig
compel their compliance with said conditions or seek damages for their violatic
vested rights are gained by Developer or a successor in interest by the City's app
this Specific Plan Amendment.
PC RES0 NO. 4374 -3- +
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4. All of the conditions contained in City Council Ordinance No. NS-178 and ?
Commission Resolution No. 3275 are incorporated herein by reference.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 2nd day of September 194
foIlowing vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Noble, Commissioners Compas, Heineman. a
Monroy
Commissioners Nielsen, Savary, and Welshons
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16 ATTEST:
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Planning Director
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PLANNING COMMISSION RESOLUTION NO. 4375
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO DEVELOP A 145 ROOM
HOTEL AND ASSOCIATED PARKING AND
RECREATIONAL AMENITIES ON PROPERTY GENERALLY
LOCATED ALONG THE SOUTH SIDE OF OWNS AVENUE
TO THE NORTH OF PALOMAR AIRPORT ROAD AND EAST
OF CAMINO VIDA ROBLE IN LOCAL FACILITIES
MANAGEMENT ZONE 5
CASE NAME: COURTYARD BY MARRIOTT
CASE NO.: CUP 98-14
WHEREAS, Carlsbad HHG/APM Hotel Venture, Limited Pari
“Developer”, has filed a verified application with the City of Carlsbad regarding proper
by E. Stanley Rodier and Carlsbad Airport Centre Owners Association, “Owner”, c
as
A portion of Lots 26 and 28 of Carlsbad Tract 81-46, Unit No.
2, in the City of Carlsbad, County of San Diego, State of
Office of the County Recorder of San Diego County, July 16,
1985.
California, according to Map thereof No. 11288, filed in the
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditic
Permit as shown on Exhibits “A” - “L”, dated September 2, 1998, on file in the 1
Department, COURTYARD BY MARRIOTT, CUP 98-14, as provided by Chapter
the Carlsbad Municipal Code; and
WEEAS, the Planning Commission did, on the 2nd day of Septembe
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all te
and arguments, if any, of all persons desiring to be heard, said Commission considered a1
relating to the Conditional Use Permit.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the 1
Commission of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the P
Commission APPROVES COURTYARD BY MARRIOTT, CUP
based on the following findings and subject to the following conditions:
Findings:
1. That the requested use is properly related to the site, surroundings and envirc
settings, is consistent with the various elements and objectives of the General P
not be detrimental to existing uses or to uses specifically permitted in the area i
the proposed use is to be located, and will not adversely impact the site, surroun
traffic circulation, in that: a) the Carlsbad Airport Centre Specific Plan ((
implements the underlying Planned Industrial General Plan designation ana
project at this site is permitted by the Carlsbad Airport Center Specific Plan
hotel complies with all of the development and design standards of the CA
the proposed hotel will support the surrounding office/industrial uses in tha
provide nearby lodging for clients and visitors of the businesses located wii
CACSP and surrounding business parks, d) the project is compatible in
scale and height with surrounding industriaYoffice uses, and e) the hotel 1
generate fewer average daily trips (-446 ADT) than anticipated by the Gener:
That the site for the intended use is adequate in size and shape to accommodate th
that: a) the project complies with all applicable development standards
Carlsbad Airport Center Specific Plan, the P-M zone and the Carlsbad ML
Code, b) building coverage (16.6%) is well below the maximum permitte
coverage and c) project landscaping (37%) exceeds the minimum 15% requir
That all yards, setbacks, walls, fences, landscaping, and other features necessary t
provided and maintained, in that: a) the project as designed is in compliance i
applicable design and development standards of the Carlsbad Airport
Specific Plan and the P-M zone, b) aesthetic appeal and architectural int
provided by the hotel structure’s U-shaped design surrounding a lam
courtyard in addition to the extensive facade relief (balconies, and varic
planes and roof parapets) and building materials (stucco covered concrete mr
stone tile and wood trim) incorporated into the structure, c) the hotel’s p
retaining walls and loading areas will be adequately screened from view
Palomar Airport Road by perimeter and parking lot landscaping and from
Avenue by perimeter landscaping and due to the fact that the site is up to
below the grade of Owens Avenue, and d) access to the site will be providt
2.
3.
the requested use to existing or permitted future uses in the neighborhood
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shared driveway onto Owens Avenue, thereby reducing the number of dr
along this roadway.
That the street systems serving the proposed use is adequate to properly handle a
generated by the proposed use, in that the street system will operate at acc
the projected ADT (1,751 ADT) analyzed by the General Plan MEIR 93-01.
The Planning Commission finds that the project, as conditioned herein for CUI
is in conformance with the Elements of the City's General Plan, based on the follc
a. Land Use - The project site has a Planned Industrial (PI) Gener
designation and the Land Use Element of the General Plan (La
Element Industrial Policy C.9) allows by conditional use permit a
commercial uses (including hotels) within Planned Industrial (PI) de!
areas when they are oriented to support industrial developments ai
populations. The proposed hotel is consistent with the Land Use Ele
the General Plan in that it is located within the Carlsbad Airport
industrial park and it's primary purpose is to provide lodging ffor clie
visitors to the businesses within the Carlsbad Airport Center.
Circulation - The project will provide sidewalk improvements to
Avenue.
Noise - Temporary construction activities would be required to corn]
the City's Construction Noise Ordinance and the project would corn]
the noise guidelines.
Housing - The project is conditioned to pay a non-residential aff
housing impact linkage fee if adopted by City Council.
Open Space and Conservation - The project has been designed to not e1
into the adjacent oak trees.
Public Safety All buildings would comply with UBC and state seismic t
4.
levels of service since the ADT generated by this project (1,305 ADT) is we
5.
b.
c.
d.
e.
f.
6. The project has been conditioned to ensure the building permits will not be issue(
project unless the District Engineer determines that sewer service is availal
building cannot occur within the project unless sewer service remains available,
District Engineer is satisfied that the requirements of the Public Facilities Elemer
General Plan have been met insofar as they apply to sewer service for this project.
Statutory School fees will be paid to ensure the availability of school facilitie
Carlsbad School District.
7.
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8.
9.
Park-in-lieu fees are required as a condition of approval.
All necessary public improvements have been provided or are required as conc
approval.
The developer has agreed and is required by the inclusion of an appropriate cor
pay a public facilities fee. Performance of that contract and payment of the
enable this body to find that public facilities will be available concurrent with
required by the General Plan.
The project has been conditioned to pay any increase in public facility fee,
construction tax, or development fees, and has agreed to abide by any a1
requirements established by a Local Facilities Management Plan prepared pw
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued avail;
public facilities and will mitigate any cumulative impacts created by the project.
This project has been conditioned to comply with any requirement approved as ps
Local Facilities Management Plan for Zone 5.
That all necessary public facilities required by the Growth Management Ordina
be constructed or are guaranteed to be constructed concurrently with the need 1
created by this project and in compliance with adopted City standards.
The project is consistent with the Comprehensive Land Use Plan (CLUP)
McClellan-Palomar Airport, dated April 1994, in that, i.e. as conditioned the s
shall record a notice concerning aircraft noise. The project is compatible 7
projected noise levels of the CLUP; and, based on the noise/land use compatibili?
of the CLUP, the proposed land use is compatible with the airport, in that hotel 1
conditionally compatible with noise environments of up to 70 dBA CNEL
project falls within the 65 CNEL noise contour.
That the project is consistent with the City’s Landscape Manual, adopted by City
Resolution No. 90-384.
The Planning Commission has reviewed each of the exactions imposed on the Dc
contained in this resolution, and hereby finds, in this case, that the exactions are i
to mitigate impacts caused by or reasonably related to the project, and the extent
degree of the exaction is in rough proportionality to the impact caused by the projc
10.
11.
12.
13.
14.
15.
16.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all cor
and modifications to the Conditional Use Permit document(s) necessary to mal
internally consistent and in conformity with final action on the project. Devel
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shall occur substantially as shown in the approved Exhibits. Any proposed dew
different from this approval, shall require an amendment to~this approval.
The Developer shall report, in writing, to the Planning Director within 30 d
address change from that which is shown on the conditional use permit applicatio
2.
3. The Developer shall comply with all applicable provisions Of federal, state, a
ordinances in effect at the time of building permit issuance.
4. The Developerloperator shall and does hereby agree to indemnify, protect, defend ,
harmless the City of Carlsbad, its Council members, officers, employees, age
representatives, from and against any and all liabilities, losses, damages, demands
and costs, including court costs and attorney’s fees incurred by the City arising, dii
indirectly, from (a) City’s approval and issuance of this Conditional Use Permit, (1
approval or issuance of any permit or action, whether discretionary or non-discretic
connection with the use contemplated herein, and (c) Developer/Operator’s installa
operation of the facility permitted hereby, including without limitation, any and all 1
arising from the emission by the facility of electromagnetic fields or other energy \
emissions.
5. The Developer shall provide the City with a reproducible 24” x 36” mylar cop:
Site Plan as approved by the final decision making body. The Site Plan shall re
conditions of approval by the City. The Plan copy shall be submitted to t
Engineer and approved prior to building, grading, final map, or improveme
submittal, whichever occurs first.
The Developer shall include, as part of the plans submitted for any permit plan (
reduced legible version of the approving resolutions on a 24” x 36” blueline d
Said blueline drawing(s) shall also include a copy of any applicable Coastal Devel
Permit and signed approved site plan.
Building permits will not be issued ’for development of the subject property un
District Engineer determines that sewer facilities are available at the time of app
for such sewer permits and will continue to be available until time of occupancy.
The Developer shall pay the public facilities fee adopted by the City Council on 2
1987, (amended July 2, 1991) and as amended from time to time, and any devel
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Mi
Code or other ordinance adopted to implement a growth management system or F:
and Improvement Plan and to fulfill the subdivider’s agreement to pay the
facilities fee dated October 1, 1997, a copy of which is on file with the City Clerl
incorporated by this reference. If the fees are not paid, this application will
consistent with the General Pian and approval for this project will be void.
This project shall comply with all conditions and mitigation measures which are r(
as part of the Zone 5 Local Facilities Management Plan and any amendments n
that Plan prior to the issuance of building permits.
6.
7.
8.
9.
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10. The Developer shall provide proof of payment of statutory school fees to
conditions of overcrowding as part of the building permit application. The an
these fees shall be determined by the fee schedule in effect at the time of buildin
application.
1 1 l If any condition for construction of any public improvements or facilities, or the J
of any fees in-lieu thereof, imposed by this approval or imposed by law on this re
housing project are challenged this approval shall be suspended as pro\
Government Code Section 66020. If any such condition is determined to be inv
approval shall be invalid unless the City Council determines that the project wit
condition complies with all requirements of law.
Approval of CUP 98-14 is granted subject to the approval of GPA 98-02/SP 181
HDP 97-20. CUP 98-14 is subject to all conditions contained in Planning Corn
Resolution No. 4372 for the Mitigated Negative Declaration.
Prior to the issuance of the Building Permit, Developer shall submit to the City i
of Restriction to be filed in the office of the County Recorder, subject to the satj
of the Planning Director, notifying all interested parties and successors in interest
City of Carlsbad has issued a Conditional Use Permit and Hillside Devel
Said Notice of Restriction shall note the property description, location of
containing complete project details and all conditions of approval as well
conditions or restrictions specified for inclusion in the Notice of Restrictior
Planning Director has the authority to execute and record an amendment to thc
which modifies or terminates said notice upon a showing of good cause by the De
or successor in interest.
Trash receptacle areas shall be enclosed by a minimum six-foot high masonry w
gates pursuant to City standards. Location of said receptacles shall be approvec
Planning Director. Enclosure shall be of similar colors and/or materials to the pr
the satisfaction of the Planning Director.
An exterior lighting plan including parking areas shall be submitted for Planning I
approval. All lighting shall be designed to reflect downward and avoid any imp
12.
13.
Permit by Resolutions No. 4375 and 4376 on the real property owned by the De
14.
15.
adjacent homes or property.
16. No outdoor storage of materials shall occur onsite unless required by the Fire C1
such instance a storage plan will be submitted for approval by the Fire Chief
Planning Director.
The Developer shall prepare a detailed landscape and irrigation plan in conforman
the approved Preliminary Landscape Plan and the City’s Landscape Manual. Th
shall be submitted to and approval obtained from the Planning Director prior
approval of the final map, grading permit, or building permit, whichever occurs fir!
Developer shall construct and install all landscaping as shown on the approved pla
17.
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maintain all landscaping in a healthy and thriving condition, free fiom weeds, ti
debris.
The first submittal of detailed landscape and irrigation plans shall be accompanic
project’s building, improvement, and grading plans.
The Developer shall submit and obtain Planning Director approval of a unifc
program for this development prior to occupancy of any building.
Building identification andor addresses shall be placed on all new and existing k
so as to be plainly visible fiom the street or access road; color of identificatio
addresses shall contrast to their background color.
The Developer shall provide bus stops to service this development at locations :
reasonable facilities to the satisfaction of the North County Transit District
Planning Director. Said facilities, if required, shall at a minimum include a ber
from advertising, and a pole for the bus stop sign. The bench and pole shall be (
to enhance or consistent with basic architectural theme of the project.
The Developer shall implement, or cause the implementation of, the court^
Marriott Project Mitigation Monitoring and Reporting Program.
The Developer is aware that the City is preparing a non-residential housing im
(linkage fee) consistent with Program 4.1 of the Housing Element. The appl
further aware that the City may determine that certain non-residential projects m
to pay a linkage fee, in order to be found consistent with the Housing Elemen
General Plan. If a linkage fee is established by City Council ordinance and/or re
and this project becomes subject to a linkage fee pursuant to said ordinance
resolution, then the Developer, or hiskerhheir successor(s) in interest shall
linkage fee. The linkage fee shall be paid at the time of issuance of building
except for projects involving a request for a non-residential planned developmer
parcel map or certificate of compliance, required to process the non-residentia
whichever pertains. If linkage fees are required for this project, and they are not p;
project will not be consistent with the General Plan and approval for this projl
become null and void.
Prior to the issuance of building permits, the Developer shall prepare and record s
that this property is subject to overflight, sight and sound of aircraft operatir
McClellan-Palomar Airport, in a form meeting the approval of the Planning Direc
the City Attorney (see Noise Form #2 on file in the Planning Department).
This project shall comply with all conditions and mitigation measures which are r
as part of the approved Courtyard By Marriott Mitigated Negative Declaration, an
97-20 as contained in Planning Commission Resolutions No. 4372 and 4376.
18.
19.
20.
21.
22.
23.
existing development, in which case, the fee shall be paid on approval of the fir
24.
25.
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26. Prior to the issuance of a certificate of occupancy, additional landscaping
incorporated into the project to fully screen the parking lot from vie7
Palomar Airport Road subject to the approval of the Planning Director.
This approval shall become null and void if building permits are not issued 27.
project within two (2) years from the date of project approval,
Engineering:
Note: Unless specifically stated in the condition, all of the following engineering ci
shall be met prior to the approval of, or issuance of grading or building permits wl
occurs first.
Fees/Ag;reements:
28. Prior to the issuance of building or grading permits an adjustment plat ant
easement documents shall be executed and recorded as required to merge
property lines and to adjust or allow the development of the project’s par
upon the existing open space lot No. 26 of CT 81-46 Unit #2.
29. Prior to issuance of any building permit, the developer shall comply 1
requirements of the City’s anti-graffiti program for wall treatments if and whe
program is formerly established by the City.
The developer shall pay all current fees and deposits required.
The owner of the subject property shall execute an agreement holding the City 1
regarding drainage across the adjacent property.
The owner shall execute a hold harmless agreement for geologic failure.
The developer shall comply with the City’s requirements of the National 1
Discharge Elimination System (NPDES) permit. The developer shall prov
management practices as referenced in the “California Storm Water Best Man
Practices Handbook” to reduce surface pollutants to an acceptable level prior to d
to sensitive areas. Plans for such improvements shall be approved by the City E
Said plans shall include but not be limited to notifling prospective owners and te
the following:
A. All owners and tenants shall coordinate efforts to establish or wo
established disposal programs to remove and properly dispose of to
30.
3 1.
32.
33.
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, mc:
antifreeze, solvents, paints, paint thinners, wood preservatives, and otl
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fluids shall not be discharged into any street, public or private, or into stc
or storm water conveyance systems. Use and disposal of pesticides, fu
herbicides, insecticides, fertilizers and other such chemical treatments SI
Federal, State, County and City requirements as prescribed in their r( containers I
C Best Management Practices shall be used to eliminate or reduce surface 1
when planning any changes to the landscaping and surface improvements
Grading:
34. No grading shall occur outside the boundary of this project unless a grading
easement is obtained fi-om the owners of the affected properties. If the applicant
the grading or slope easement, no grading permit will be issued. In that case the
must either amend the site plan so grading will not occur outside the project
manner which substantially conforms to the approved project as determined by
Engineer and Planning Director.
Based upon a review of the proposed grading and the grading quantities shown o
plan, a grading permit for this project is required. (The developer must sul
receive approval for grading plans in accordance with city codes and standard:
issuance of a building permit for the project.)
35.
36. Prior to hauling dirt or construction materials to or from the site, the develo
submit to and receive approval from the City Engineer for the proposed haul ro
developer shall comply with all conditions and requirements the City Engir
impose with regards to the hauling operation.
The developer shall exercise special care during the construction phase of this 1
prevent offsite siltation. Planting and erosion control shall be provided in ac
with the Carlsbad Municipal Code and the City Engineer.
Plans, specifications and supporting documents for all improvements shall be prc
the satisfaction of the City Engineer. The developer shall install, or agree to in
secure with appropriate security as provided by law, improvements shown on
plan and the following improvements to City Standards to the satisfaction of
Engineer:
37.
Dedicationfimprovements
38.
Construction of sidewalk along Owens Ave. from site dri7
existing terminus in cul-de-sac.
Modification/reconstruction and structural improvemenl
existing 42” storm drain from Owens Ave. to the existin!
dissipater, outlet.
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39. Proof of dedication to adjacent properties that use the above mentioned 4;
drain shall be submitted to the City Engineer prior to issuance of gra
building permits for this project.
Fire:
40. Prior to the issuance of building permits, complete building plans shall be app
the Fire Department
Additional on-site public water mains and fire hydrants are required.
Applicant shall submit a site plan to the Fire Department for approval, whic
location of required, proposed and existing public water mains and fire hydra
plan should include off-site hydrants within 200 feet of the project.
Applicant shall submit a site plan depicting emergency access routes, drivev
traffic circulation for Fire Department approval.
An all weather, unobstructed access road suitable for emergency service vehicle:
provided and maintained during construction. When in the opinion of the Fire C
access road has become unserviceable due to inclement weather or other reasons.
in the interest of public safety, require that construction operations cease
condition is corrected.
All required water mains, fire hydrants and appurtenances shall be operation;
combustible building materials are located on the construction site.
Prior to final inspection, all security gate systems controlling vehicular access
equipped with a “Knox”, key-operated emergency entry device. Applicant shal
the Fire Prevention Bureau for specifications and approvals prior to installation.
Prior to building occupancy, private roads and driveways which serve as require
for emergency service vehicles shall be posted as fire lanes in accordance
requirements of section 17.04.020 of the Carlsbad Municipal Code.
Plans and/or specifications for fire alarm systems, fire hydrants, automatic fire
systems and other fire protection systems shall be submitted to the Fire Depart
approval prior to construction.
An approved automatic fire sprinkler system shall be installed in building h
aggregate floor area exceeding 10,000 square feet.
Sequentially, the Developers Engineer shall do the following:
4 1.
42.
43.
44.
45.
46.
47.
48.
49.
50.
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A. Meet with the City Fire Marshal and establish the fire protection requiremen
obtain GPM demand for dvmestii and irrigational needs from ippmplifilc ~ar
B. Prepare a colored reclaimed water use area map and submit to the
Department for processing and approval.
C. Prior to the preparation of sewer, water and reclaimed water improvement
meeting must be scheduled with the District Engineer for review, comn
approval of the preliminary system layouts and usages (Le. - GPM - EDU).
This project is approved upon the expressed condition that building permits wi
issued for development of the subject property unless the water district ser
development determines that adequate water service and sewer facilities are av:
the time of application for such water service and sewer permits will contin
available until time of occupancy.
Submit all irrigation plans to the City’s Planning Department.
51.
52.
Water:
53. The Developer shall be responsible for all fees, deposits and charges which
collected before andor at the time of issuance of the building permit. The Sa
County Water Authority capacity charge will be collected at issuance of applic
meter installation.
General:
54. If any of the foregoing conditions fail to occur; or if they are, by their term
implemented and maintained over time, if any of such conditions fail tc
implemented and maintained according to their terms, the City shall have the
revoke or modify all approvals herein granted: deny or further condition issuan
future building permits; deny, revoke or further condition all certificates of oc
issued under the authority of approvals herein granted; institute and prosecute litil
compel their compliance with said conditions or seek damages for their viola1
vested rights are gained by Developer or a successor in interest by the City’s apy
this Site Development Plan.
Code Reminders:
55. The Developer shall pay a landscape plan check and inspection fee as required by
20.08.050 of the Carlsbad Municipal Code.
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56. Approval of this request shall not excuse compliance with all applicable sectio
Zoning Ordinance and all other applicable City ordinances in effect at time of
permit issuance, except as otherwise specifically provided herein.
The project shall comply with the latest non-residential disabled access reqL
pursuant to Title 24 of the State Building Code.
concealed from view and the sound buffered from adjacent properties and s
substance as provided in Building Department Policy No. 80-6, to the satisfacti
Directors of Community Development and Planning.
All landscape and irrigation plans shall be prepared to conform with the L
Manual and submitted per the landscape plan check procedures on file in the
Department.
57.
58, A1f roof appurtenances, including air conditioners, shall be architecturally integ
59.
60. Any signs proposed for this development shall at a minimum be designed in con]
with the City’s Sign Ordinance and the Carlsbad Airport Center Specific 1
shall require review and approval of the Planning Director prior to installatior
signs.
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for conver
“fees/exactions.”
You have 90 days from September 2,1998, to protest imposition of these fees/exaction!
protest them, you must follow the protest procedure set forth in Government Code
66020(a), and file the protest and any other required information with the City Mar
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure t
follow that procedure will bar any subsequent legal action to attack, review, set aside,
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feesh
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor I
zoning, grading or other similar application processing or service fees in connection l
project; NOR DOES IT APPLY to any fees/exactions of which you have previously bel
a NOTICE similar to this, or as to which the statute of limitations has previously o
expired.
...
...
*--
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 2nd day of September 199
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Noble, Commissioners Compas, Heineman, a
Monroy
Commissioners Nielsen, Savary, and Welshons
/&$ o &-@ >q+##fle e-@+
BAILEY NO , Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
,
dA MICHAEL J. HO-MIL~I~R
Planning Director
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PLANNING COMMISSION RESOLUTION NO. 4376
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
HILLSIDE DEVELOPMENT PERMIT ON PROPERTY
GENERALLY LOCATED ALONG THE SOUTH SIDE OF
OWENS AVENUE TO THE NORTH OF PALOMAR AIRPORT
AND EAST OF CAMINO VIDA ROBLE IN LOCAL
FACILITIES MANAGEMENT ZONE 5.
CASE NAME: COURTYARD BY MARRJOTT
CASE NO: HDP 97-20
WHEREAS, Carlsbad HHG/APM Hotel Venture, Limited Part1
“Developer”, has filed a verified application with the City of Carlsbad regarding propert]
by y E. Stanley Rodier and Carlsbad Airport Center Owners Association, ‘7
described as
A portion of Lots 26 and 28 of Carlsbad Tract 81-46, Unit No.
2, in the City of Carlsbad, County of San Diego, State of
California, according to Map thereof No. 11288, filed in the
Office of the County Recorder of San Diego County, July 16,
1985.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a .
Development Permit as shown on Exhibit(s) “A“ - “L” dated, September 2, 1998, on fil
Carlsbad Planning Department, COURTYARD BY MARRIOTT, HDP 97-20, as prov
Chapter 21.95 of the Carlsbad Municipal Code: and
WHEREAS, the Planning Commission did on the 2nd day of Septembei
consider said request; and
WHEREAS, at said hearing, gpon hearing and considering all testimo
arguments, if any, of all persons desiring to be heard, said Commission considered all
relating to the Hillside Development Permit; and
‘
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the 1
Commission as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Con
APPROVES COURTYARD BY MARRIOTT, HDP 97-20, based
following findings and subject to the following conditions:
Findings:
1. There are no undevelopable areas on the project site;
2. That the development proposal is consistent with the Purpose and Intent provi
Section 21.95.010 of the Hillside Ordinance, Chapter 21.95, as follows:
A. Project hillside conditions have been properly identified on the constrail
Exhibit “H“, dated September 2, 1998, which shows existing and r
conditions and slope percentages;
The project has been designed to relate to the slope of the land, to mini]
amount of grading, and to incorporate contour grading into manufacture(
which are located in highly visible public locations in that the project
been previously mass graded and the minimal grading that is propo
include permitted retaining wall encroachment into existing manuf
slopes, project grading volumes of 3,208 cu yds/acre are in the acc
range, and due to the fact that the existing manufactured slopes
contour grading;
The project has been designed in an environmentally sensitive manner 7
lagoons and riparian ecosystems are protected from increased erosion
substantial impacts to natural resource areas, wildlife habitats or native ve
will occur in that there are no natural resource areas, wildlife hab
native vegetation in proximity to the project and the project hz
conditioned to comply with City grading and erosion control stand
reduce erosion.
B.
greater than 20 feet in height and 200 feet in length, they do not
C.
3. The project complies with the Hillside Development and Design Standards incl
Section 21.95.120 of the Hillside Ordinance in that the project will encro:
maximum permitted 6 vertical feet into existing 50% gradient downhill ant
the maximum manufactured slope height is 20 feet, no manufactured sl
greater than 20’ in height and 200’ in length are proposed, the propose
manufactured slopes, the project grading volume (3,208 cu ydslacre) is accr
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building is setback from the southern manufactured slope edge a minimui
feet, and the south facing manufactured slopes will be landscaped consiste
the City’s Landscape Manual.
That the project design substantially conforms to the Hillside Development GL
Manual, in that the proposed grading design will modify the existing
manufactured slopes, yet preserve their general character.
4.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all COI
and modifications to the Hillside Development Permit document(s) necessary
them internally consistent and in conformity with final action on the
Development shall occur substantially as shown in the approved Exhibits. Any F
development different from this approval, shall require an amendment to this appr
Approval of HDP 97-20 is granted subject to the approval of GPA 98-02/SP 181
SDP 97-23. HDP 97-20 is subject to all conditions contained in Planning Corn
Resolution No. 4375 for the Conditional Use Permit (CUP 98-14).
If any of the foregoing conditions fail to occur; or if they are, by their term
implemented and maintained over time, if any of such conditions fail tc
implemented and maintained according to their terms, the City shall have the
revoke or modify all approvals herein granted; deny or further condition issuanc
issued under the authority of approvals herein granted; institute and prosecute litig
compel their compliance with said conditions or seek damages for their viola1
vested rights are gained by Developer or a successor in interest by the City’s apF
this Hillside Development Permit.
2.
3.
future building permits; deny, revoke or further condition all certificates of oc
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for conven
“fees/exactions.”
You have 90 days fi-om September 2,1998, to protest imposition of these fees/exactionz
protest them, you must follow the protest procedure set forth in Government Code
66020(a), and file the protest and any other required information with the City Man
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure tc
follow that procedure will bar any subsequent legal action to attack, review, set aside,
annul their imposition.
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You are hereby FURTHER NOTIFIED that your right to protest the specified fees/(
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor
zoning, grading or other similar application processing or service fees in connection
project; NOR DOES IT APPLY to any feedexactions of which you have previously bt
a NOTICE similar to this, or as to which the statute of limitations has previously (
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 2nd day of September 199
following vote, to wit:
AYES : Chairperson Noble, Commissioners Compas, Heineman. a
Monroy
NOES:
ABSENT:
ABSTAIN:
Commissioners Nielsen, Savary, and Welshons
,Ji? + +=&4-+& -)+.&,&
BAILEY NOB . Chairperson
CARLSBAD PPAmING COMMISSION
ATTEST:
EXHlBl @e City of CARLSBAD Planning Departm @
A REPORT TO THE PLANNING COMMISSION
Item No* 8
Application complete date: June 25, 1998
Project Planner: Chris DeCerbo
~ Project Engineer: Clyde Wickham
P.C. AGENDA OF: September 2, 1998
SUBJECT: GPA 98-02/SP lSl(B)/CUP 98-14/I-IDP 97-20 - COURTYARD B’
MARRIOTT - Request for approval of a Mitigated Negative Declaration an
Mitigation Monitoring and Reporting Program, General Plan Amendmen
Specific Plan Amendment, Conditional Use Permit and Hillside Developmer
Permit to develop a 145 room hotel on a 3.74 acre property located north c
Palomar Airport Road, east of Camino Vida Roble along the south side of Owen
Avenue within the Carlsbad Airport Center Specific Plan in Local Facilitie
Management Zone 5.
I. RECOMMEND ATION
That the Planning Commission ADOPT Planning Commission Resolutions No. 4372.4373, anc
4374, RECOMMENDING APPROVAL of a Mitigated Negative Declaration and Mitigatioi
Monitoring and Reporting Program, GPA 98-02 and SP 181(B) and ADOPT Planninj
Commission Resolutions No. 4375 and 4376, APPROVING CUP 98-14 and HDP 97-20, basec
on the findings and subject to the conditions contained therein.
11. INTRODUCTION
This project entails the development of a 145 room Marriott Hotel on a 3.74 acre propert
located along Owens Avenue in the Carlsbad Airport Center Specific Plan. The project applicar
is also requesting approval of a General Plan Amendment (from Open Space to Plannel
Industrial) to accommodate required project parking, and a Specific Plan Amendment tl
eliminate the requirements to process a General Plan Amendment and a Site Development Pla.
for the development of a hotel within the Carlsbad Airport Center Specific Plan. The projec
complies with all applicable City standards, all project issues have been resolved and a1
necessary findings can be made for the requested approvals. Therefore, staff recommend:
approval of this project.
111. PROJECT DESCRIPTION AND BACKGROUND
The proposed Courtyard by Marriott project consists of a 145 room hotel on a pre-graded, vacan
3.74 acre property located in the Carlsbad Airport Center Specific Plan. The project site i!
located along the south side of Owens Avenue to the north of Palomar Airport Road and east o
Camino Vida Roble. The proposed hotel is 79,127 square feet in area, and will include 145 gues
rooms, a limited service restaurant (1,804 square feet), two small meeting rooms (1,035 squarc
feet total), associated parking (203 spaces) and recreation facilities (outdoor courtyard with poo
and jacuzzi). The hotel is a three story structure that measures 33’ in height with allowed heigh
(3
GPA 98-02/SP 181(B)/C l9 48-14/HDP 97-20 - COURTYARD B 9 AARRIOTT
September 2, 1998
Page 2
protrusions up to 38’ 4.25” (see Exhibits “A” - “L”). Access to the project and the adjacer
office building to the west will be provided by a shared driveway off of Owens Avenue and on
site parking will be provided consistent with the City’s parking requirements. Project gradin
will include 12,000 cubic yards of cut and 7,000 cubic yards of fill. Implementation of th
proposed 145 room hotel project on this site will require the construction of two landscaped cri
retaining walls; including one which is 650 feet in length, ranges from .5 to 6 feet in height, an
is located between and down slope from Owens Avenue and the project parking lot, and the othe
which is 120 feet in length, between 2 and 6 feet tall, and located to the south of and down slop
from the project’s eastern-most parking area.
As shown on Exhibits “A’ - “F”, the hotel is configured in a U-shaped design to provide a majc
landscaped open space visual focal point for the project when viewed from Palomar Airpo
Road and a protected setting for the project’s 11,021 sq. ft. outdoor courtyard (including pool an
jacuzzi). A drive through porte-cochere with copper finish domed roof is located along the nort
(Owens Avenue) side of the building. Architectural accent features include balconies, slate tilc
varied roof parapet and wall planes, tented glazing, detailed windowsills, railing and trellise’
Building materials include “honey butter” colored exterior plaster, compatible “safari quartz” an
“rajah red” slate tiles and tented bronze glass and window fi-ames.
In order to adequately park the proposed project, the applicant is proposing to convert 24,88
square feet (.57 acres) of General Plan Open Space to Planned Industrial use. The General Pla
Open Space area that is proposed to be developed with parking uses is a portion of Lot 26 of th
Carlsbad Airport Center (CT 81-46) that is located immediately adjacent to and east of th
subject property. The Open Space area is comprised of a manufactured slope that was develope
ornamental landscaping. This area also includes a storm drain and its outlet structure. Adjacei
to the proposed open space encroachment area is a drainage that contains oak trees. This Generi
Plan Open Space would be replaced with 25,000 square feet of native habitat that is located a
Lot 101 of the Carlsbad Research Center (CT 85-24).
The subject property is designated Planned Industrial (PI), is zoned Planned Industrial (P-M) an
is located within the Carlsbad Airport Center Specific Plan (SP181(A)). Specific Plan 181(P
designates the project site (Lot #28 of CT 8 1-46) for the development of “Area 2” uses, includin
“industrial support, business and professional and certain retail uses (including hotels) whic
support the business park”. Specific Plan 18 1 (A) indicates that the development of a hotel uh
within “Area 2” requires the approval of a site development plan, conditional use permit and
general plan amendment. As a part of this project, the applicant is requesting approval of a
amendment to Specific Plan 181(A) to eliminate the general plan amendment requirement fc
hotel, motel and theater uses and the site development plan requirement for all commercial us(
permitted within “Area 2” of the Carlsbad Airport Center Specific Plan,
The project site is pre-graded and is sparsely vegetated with non-native grasses and ornament;
perimeter landscaping. The property is bordered by Open Space and Palomar Airport Road i
the south, Owens Avenue and P-M zoned property to the north, an office use (Optimal Integrate
Solutions) to the west and Open Space and P-M zoned property to the east.
in association with the original grading of the industrial subdivision and is planted wit
GPA 98-02/SP 18l(B)/C @ 38-14/HDP 97-20 - COURTYARD B P 1vlARRIOTT
September 2, 1998
Page 3
The proposed project is subject to the following regulations:
A. Carlsbad General Plan;
B.
C.
Carlsbad Airport Center Specific Plan 1 8 1 (A);
Planned Industial (P-MJ Zone (Municipal Code CLapter 21.34; Conditional Use
(Municipal Code Chapter 21.42); Hillside Development (Municipal Code Chapter 21.95
and;
Growth Management Ordinance (Municipal Code Chapter 21.90) and Local Facilitie
Management Zone 5.
D.
IV. ANALYSIS
The recommendation for approval of this project was developed by analyzing the project’
consistency with applicable policies and regulations listed above. The following analysis sectio
discusses compliance with each of these regulations/policies using both text and tables.
A. General Plan
1. Consistency
The project site has a Planned Industrial (PI) General Plan designation. The Land Use Elemer
of the General Plan (Land Use Element Industrial Policy C.9) allows ancillary commercial use
(including hotels) within Planned Industrial (PI) designated areas when they are oriented t
support industrial developments and their populations. The proposed hotel is consistent with th
Land Use Element of the General Plan in that it is located within the Carlsbad Airport Centr
industrial park and it’s primary purpose is to provide lodging for clients and visitors to th
businesses within the Carlsbad Airport Center.
The project is also consistent with other General Plan Elements as summarized in Table 1.
ELEMENT
Public Safety
Open Space and
Conservation
GOAL, PROPOSED USES COMPLY?
OBJECTIm OR &
PROGRAM IMPROVEMENTS
Design all structures The hotel building Yes
in accordance with will meet UBC and
seismic design State seismic codes.
standards of the UBC
and State building
requirements.
Minimize The project has been Yes
environmental designed to not
impacts to sensitive
resources within the
City. grove.
encroach into the
adjacent oak tree
GPA 98-02/SP 18l(B)/C T9 38-14MDP 97-20 - COURTYARD B d MAFUUOTT
September 2, 1998
Parre 5
(3 1 The proposed Open Space is contiguous to, or in close proximity tc
Official Open Space, since there is Official Open Space and native habit2
directly adjacent to the proposed Open Space.
B. Carlsbad Airport Center Specific Plan 181(A)
1. Amendment
The project site is located within the Carlsbad Airport Center Specific Plan (SP181(A)). A
previously discussed, Specific Plan 18 1 (A) designates the subject property for the developmer
of “Area 2” uses which include: “industrial support, business and professional and certain retaj
uses (including hotels) which support the business park”. While Specific Plan 181(A) doe
indicate that hotel uses are a permitted use for the project site, it nevertheless requires th
processing and approval of three land use permits, including a site development plan, conditions
use permit and a general plan amendment for such use.
As a part of this project, the applicant is requesting approval of an amendment to Specific Plar
181(A) to eliminate the general plan amendment requirement for hotel, motel and theater use:
and the site development plan requirement for all commercial uses that are permitted withir
“Area 2” of the Carlsbad Airport Center Specific Plan. The approval of this Specific Pla
Amendment (SP lSl(B)) would still require that this project applicant, and future applicant
proposing “Commercial uses” within the Carlsbad Airport Center, to achieve approval of i
conditional use permit by the Planning Commission.
Staff recommends support of this Specific Plan Amendment (SP 18l(B)) request for thc
following reasons:
a. The conditional use permit (Chapter 21.42 of the Municipal Code), will continue tc
provide the City with adequate project review and oversight authority in that thc
necessary findings required for approval of a conditional use permit (Section 2 1.42.020 0’
the Municipal Code) are the same findings (Section 21.06.020 of the Municipal Code‘
that are required for the approval of a site development plan. Specifically, it would bt
necessary to demonstrate that the project is in compliance with the General Plan
compatible with adjacent land uses, environmentally sensitive, in compliance with the
development standards of the Carlsbad Airport Center Specific Plan, and that there arc
adequate public facilities. The conditional use permit also provides the City with mort
project oversight and monitoring authority than a site development plan.
A primary Commercial Goal (A.3) of the Land Use Element of the General Plan is “A
City which promotes economic development strategies, for commercial, industrial, office
Land Use Element of the General Plan allows, by conditional use permit, ancillary
commercial uses (including hotels) within Planned Industrial (PI) designated areas when
they are oriented to support industrial developments and their populations. This proposal
to delete the general plan amendment requirement for hotel, motel and theater uses from
the Carlsbad Airport Center Specific Plan is an example of a strategy to promote
b.
and tourist-oriented land uses”, As previously discussed, Industrial Policy C.9 of the
DEVELOPMENT PROPOSED PLAN COMPLIES?
STANDARD
Building Setbacks: Yes
Front - 30 ft.
Interior side - 10 ft.
Rear - 25 ft.
Parking Setbacks: Yes
Front - 10 ft.
Rear - 10 ft.
Building Coverage: 50% 16.6% Yes
Parking: Yes
Guest Room - 1.2:Room
Restaurant - 1 : 100
Meeting Room - 1:lOO
Total Spaces - 203
Building Height: 35 ft.; 33 ft. with height protrusions Yes
allowed height protrusions
S ervi ce/Lo ading Areas: Screened from Owens Avenue Yes
Screened and minimum 70
ft. from Owens Avenue
R.O. W.
Trash Enclosures: 8 ft. high masonry wall and Yes
Minimum 6 ft. high
masonry wall and located setback.
outside of front setback.
45 ft.
57 ft.
56 ft.
10 ft.
10 ft.
-
1.2: Room - 174 spaces
1 : 100 - 18 spaces
1:lOO - 11 spaces
Total Spaces - 203
up to 38’ 4.25”
to 45 ft.
and minimum 70 ft. from
Owens Avenue R.O.W.
located outside of front
GPA 98-02/SP lSl(B)/C @ 38-14/HDP 97-20 - COURTYARD B 9 MARRTOTT
September 2, 1998
Page 7
C. Zoning
1, P-M ZOK - The proposed Courtyard by Marriott Hotel is located within, and regulate
by the Carlsbad Airport Center Specific Plan (SP 181(A)). The Specific Plan incorporates a
applicable development standards of the Planned Industrial (P-M) Zone. In that this projec
complies with all development standards of SP 181(A), it is also in compliance with a
applicable development standards of the P-M Zone.
2. Conditional Use Permit - The Carlsbad Airport Center Specific Plan specifies that an
commercial development within Area 2 requires the approval of a conditional use permi
pursuant to Chapter 21.42 of the Municipal Code. Four findings are required by Sectio
21.42.020 of the Carlsbad Municipal Code. The required findings with justification for each ar
contained in Planning Commission Resolution No. 4375. This section summarizes the necessar
findings and support for each.
The requested use is properly related to the site, surroundings and environmental setting as th
project design complies with all of the requirements of the Carlsbad Airport Center Specifi
Plan, as demonstrated in Subsection ‘9.2” of this report. The project has also been designed t
comply with or exceed all required building and parking setbacks, to be compatible in scale an
height with the adjacent Optimal office building and to create no environmental impacts. Th
site is also adequate in size and shape to accommodate the use as all applicable planning
engineering and building code requirements have been met and building coverage (16.6%) i:
well below the maximum permitted 50%.
All features (yards, setbacks and landscaping) which are necessary to adjust the hotel use tc
existing and permitted planned industrial and open space uses have been provided. Aesthetic
appeal and architectural interest is provided by the hotel structure’s U-shaped design surroundin1
a landscaped courtyard in addition to the extensive facade relief (balconies, and varied wal
planes and roof parapets) and building materials (stucco covered concrete masonry, stone tile anc
wood trim) incorporated into the structure. The hotel’s parking, retaining walls and loading area
will be adequately screened from views from Palomar Airport Road by perimeter and parking lo
landscaping (see Exhibits “G” - “L”) and from Owens Avenue by perimeter landscaping and dul
to the fact that the site is up to 30 feet below the grade of Owens Avenue.
Adequate onsite vehicle circulation (minimum 24’ wide driveways) has been provided. Acces.
to the site from Owens Avenue will be provided by a shared driveway, thereby increasing traffic
safety along the roadway. The Zone 5 Local Facilities Management Plan projected that thc
subject property would develop with 43,778 sq. ft. of commercial uses. Development of thc
property as projected would generate 1,751 ADT (40 ADT/1000 sq. ft.). In comparison, the
proposed 145 room hotel will generate 1,305 ADT (9 ADT/Guest room) or up to 446 fewer dailj
trips than projected. Accordingly, the planned street system is adequate to handle all traffic
generated by the hotel use.
3. Hillside Development Permit - The topography of the existing property is comprised o
a previously graded pad along Owens Avenue (maximum elevation of 270 feet MSL at tht
northeast corner of the property along Owens Avenue) which slopes gently to the southwes
STANDARD
Development of Manufactured
Slopes of Over 40% Gradient
Acceptable Volume of
Grading: 7,999 cu yds/acre
Maximum Manufactured
Slope Height: 40 feet
Contour Grading:
Manufactured slopes greater
than 20’ in height and 200 feet
in length and which are visible
form a Circulation element
road, collector street or
useable public open space
Slope Edge Building setback:
.7 foot horizontal to 1 foot
vertical imaginary diagonal
plane measured from edge of
slope to building or a
minimum slope edge setback
of 27 feet.
Landscape manufactured
slopes consistent with the
City’s Landscape Manual
PROPOSED PLAN COMPLIES?
Consistent with Subsection Yes
2 1.95.120.C of the Hillside
Ordinance, the project will
encroach (for purposes of
constructing crib retaining
walls) a maximum of 6
vertical feet into existing
downhill and uphill perimeter
manufactured slopes.
3,208 cu yds/acre Yes
Maximum manufactured slope Yes
height is 20 feet
No manufactured slopes Yes
greater than 20‘ in height and
200’ in length are proposed.
The hotel building is setback
from the southern
manufactured slope edge a
minimum of 60 feet.
Yes
Both south facing Yes
manufactured slopes will be
landscaped consistent with the
City’s Landscape Manual
GPA 98-02/SP 18 1 (B)/C e 38-14/HDP 97-20 - COURTYARD B % ARRIOTT
September 2, 1998
Page 9
D. Growth Management Ordinance
The proposed hotel project is located within Local Facilities Management Plan Zone 5. Th
impacts on public facilities created by this project and compliance with the adopted performanc
standards are summarized in Table 4.
TABLE 4 GROWTH MANAGEMENT COMPLIANCE
V. ENVIRONMENTAL REVIEW
The initial study (EIA - Part 11) prepared for this project determined that the project will no
could result in potential indirect impacts to off-site biological resources (oak trees). Thc
developer has agreed to add a mitigation measure to the project (stake and flag oak trees as off
limits to construction activity in the field) to reduce.potentia1 impacts to the oak trees to below i
level of significance in accordance with the requirements of the California Environmenta
Quality Act (CEQA). Otherwise the project site has been previously pregraded and thereforc
supports no significant habitat, plant or animal species nor any historical, archaeological o
paleontological resources. Furthermore, the project has either been designed or conditioned tc
incorporate all feasible and pertinent mitigation measures identified in Master EIR 93-01. 11
consideration of the foregoing, on July 27, 1998, the Planning Director issued a Mitigated
Negative Declaration for the project. No comments were received.
result in significant direct impacts to the environment. However, implementation of the projec
GPA 98-02/SP 18 1 (B)/C db 38-14MDP 97-20 - COURTYARD B f MARRIOTT
September 2, 1998
Page 10
ATTACHMENTS:
1.
2.
3.
4.
5.
6. Location Map
7. Background Data Sheet
8.
9. Disclosure Statements
10.
1 1.
Planning Commission Resolution No. 4372 (Mitigated Negative Declaration)
Planning Commission Resolution No. 4373 (GPA)
Planning Commission Resolution No. 4374 (SP)
Planning Commission Resolution No. 4375 (CUP)
Planning Commission Resolution No. 4376 (HDP)
Local Facilities Impact Assessment Form
Exhibits “M7 - “N”, dated September 2, 1998
Exhibits “A” - “L“, dated September 2, 1998
CD:dch
0 BACKGROUND DATA SHEET
CASE NOi
CASE NAME: COURTYARD BY MARRIOTT
APPLICANT! Carlsbad H.H.G.IA.P.M. Hotel Venture L.P.
REQUEST AND LOCATION: General Plan Amendment, SDecific Plan Amendment. Sit
Development Plan and Hillside Development Permit to develop a 145 room hotel on a 3.74 acr
property located north of Palomar Airport Road. east of Camino Vida Roble along the south sid
of Owens Avenue within the Carlsbad Airport Center Specific Plan.
LEGAL DESCRIPTION: A portion of Lots 26 and 28 of Carlsbad Tract 81-46, Unit No. 2, ii
the City of Carlsbad, County of San Dieao, State of California, according to Map thereof Nc
11288. filed in the Office of the County Recorder of San Dieao County, July 16, 1985.
APN: 212-093-09,212-093-11 Acres: 3.74 Proposed No. of Lots/Units: 145 hotel rooms
GPA 98-021SP 16 1 (B)ICI.JP 96-14MDP 97.20
GENERAL PLAN AND ZONING
Land Use Designation: Planned Industrial (PI)
Density Allowed: N/A
Existing Zone: Planned Industrial (PM)
Surrounding Zoning and Land Use: (See attached for information on Carlsbad's Zoninl
Requirements)
Density Proposed: N/A
Proposed Zone: PM
Zoning Land Use
Site P-M Vacant
North P-M Industrial
South P-M Open Space
East P-M Vacant
West P-M Office
PUBLIC FACILITIES
School District: CUSD Water District: CMWD Sewer District: Carlsbad
Equivalent Dwelling Units (Sewer Capacity): 87 EDU
Public Facilities Fee Agreement, dated: October 1, 1997
ENVIRONMENTAL IMPACT ASSESSMENT
IXI
0 0 Other,
Negative Declaration, issued July 27. 1998
Certified Environmental Impact Report, dated
CITY OF CARLSBAD 0
GROWTH MANAGEMENT PROGRAM
LOCAL FACILITIES IMPACTS ASSESSMENT FORM
(To be Submitted with Development Application)
PROJECT IDENTITY AND IMPACT ASSESSMENT:
FILE NAME AND NO: Courtyard BY Marriott GPA 98-02/SP 18l(B)/CUP 98-14/HDP 97-20
LOCAL FACILITY MANAGEMENT ZONE: 5 GENERAL PLAN: PI
ZONING: PM
DEVELOPER'S NAME: Carlsbad H.H.G./A.P.M. Hotel Venture L.P.
ADDRESS: 4441 W. Airport Fw., Irving, Texas, 75062
PHONE NO.: 972-659-0259 ASSESSOR'S PARCEL NO.: 212-093-09,212-093-11
QUANTITY OF LAND USEDEVELOPMENT (AC., SQ. FT., DU): 79,127 ss.ft.1145 Que!
rooms
ESTIMATED COMPLETION DATE:
A. City Administrative Facilities: Demand in Square Footage = N/A
B. Library: Demand in Square Footage = N/A
C. Wastewater Treatment Capacity (Calculate with J. Sewer) 87 EDU
D. Park: Demand in Acreage = $.40/sq. ft.
E. Drainage: Demand in CFS =
Identify Drainage Basin = Encinas Canyon
(Identify master plan facilities on site plan)
F, Circulation: Demand in ADT = 1.305
(Identify Trip Distribution on site plan)
G. Fire: Served by Fire Station No. = 5
H. Open Space: Acreage Provided = N/A
I. Schools: Carlsbad
(Demands to be determined by staff)
J. Sewer: Demands in EDU 87
Identify Sub Basin =
(Identify trunk line(s) impacted on site plan)
K. Water: Demand in GPD = 19,333
L. The project is NIA units the Growth Management Dwelling unit allowance.
DISCLOSURE STATEMENT
Applicant‘s statement or disclosure of certain ownership interests on all
applications which will require discretionary action on the part of the City
Council or any appointed Board, Commission or Committee.
The following information must be disclosed:
1. APPLICANT
List the names and addresses of a1
application. &LLS&/~ HMi h $7 .Fmhd ,A% K@FR
Y@/ d( &&%w &q q+q/ &‘/q,e2kZ4- A/.S.
ZY/ML, I /x 7sLa r- m/N6 m7 .Fdd 22-
2. OWNER
List the names and addresses of all persons having any ownership interest in th
property involved.
E;. Amn ’L e %B,cm-
4% a///MCd &/&m
&v7/#4L &7Pd iG?z &~~~~~J 4 7G EL G&,m 1 /2& dU/d L%!&&4/W{ cfi 9&.4%5& 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership
list the names and addresses of all individuals owning more than 10% of the share
in the corporation or owning any partnership interest in the partnership.
k7L BCZK /?ddTy( &bw/ A? h
dfq/ 42’ AT?MRxw.~~ - JS/w 655 &pv Irep /r &
Lzb’V4&‘, ,T 733s 2 zV/&6,m 796 2 /
4. If any person identified pursuant to (1) or (2) above is a non-profit organization or
trust, list the names and addresses of any person serving as officer or director c
the non-profit organization or as trustee or beneficiary of the trust.
2075 Las Palmas Dr * Carlsbad. CA 92009-1576 - (619) 438-1161 - FAX (619) 438-089.
5. Have you had fi than $250 worth of business tra !!B cted with any member I
City staff , Boards, Commissions, Committees and/or Council within the past tweh
(1 2) months?
0 Yes $0 If yes, please indicate person(s):
Person is defined as “Any individual, firm, co-partnership, joint venture, association, social clu
fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, CI
and county, city municipality, district or other political subdivision or any other group combination acting as a unit.”
&&&J ,4//I”pk??/& Rh/
/62&?& F&Z,?23 &z-a
NOTE: Attach additional sheets if necessary.
Signature F&4 of o&ner/date X& > && Signature of applican / ate
6 sfd/\/L6y KDDj;Z< v
Print or type nam5 of owner Print or type name of apdicant
Disclosure Statement 10/96 Page 2 of 2
DISCLOSURE STATEMENT
Applicant’s statement or disclosure of certain ownership interests on all applications which will requii
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 cannc
be reviewed until this information is completed. Please print.
Note:
Person is defined as “Any individual, fm, co-partnership, joint venture, association, social club, htern
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, ci
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 t
provided below.
1. APPLICANT (Not the applicant’s agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financii
interest in the application. If the applicant includes a corporation or uartnership, include tl-
names, title, addresses of all individuals owning more than 10% of the shares. IF NI
INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NO)
APPLICABLE @/A) IN THE SPACE BELOW. If a publicly-owned corporation, include ti
names, titles, and addresses of the corporate officers. (A separate page may be attached
necessary.)
Person SEE AllACHED CoqdPart W9/LNP Real Estate Limited I
Title Title
Address Address
OWNER (Not the owner’s agent)
Provide the COMPLETE, LEGAL names and addresses of & persons having any ownersh
interest in the property involved. Also, provide the nature of the legal ownership (i.1
partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes
coruoration or uartnershio, include the names, title, addresses of all individuals owning mol
than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARE:
PLEASE INDICATE NON-APPLICABLE @/A) IN THE SPACE BELOW. If a publicly
owned corporation, include the names, titles, and addresses of the corporate officers. (A separa
page may be attached if necessary.)
Person FFF ATTmFII Corp/Part W9/LNP Real Estate Limited
Title Title
Address ‘ Address
2.
i
2075 Las Palmas Dr. - Carlsbad, CA 92009-1576 - (760) 438-1161 - FAX (760) 438-089
3. NON-PROFIT 0 @ AVIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list t
names and addresses of ANY person serving as an oficer or director of the non-pro
organization or as trustee or beneficiary of the.
Non Profiflrust Non ProfitlTrust
Title Title
Address Address
4. Have you had more than $250 worth of business transacted with any member of City st2
Boards, Commissions, Committees andor Council within the past twelve (12) months? 0 Yes 0 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.
Signature of owneddate Signature of applicaddate
Print or type name of owner Print or type name of applicant
Signature of owner/applicant’s agent if applicable/date
Print or type name of owner/applicant’s agent
WS/LNP REAL ESTATE LIMITED PART
a Del aware 1 imi ted partnership
1
$
. H.ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 o
SECRETARY OF STATE
CERTIFICATE OF STATUS FOREIGN LIMITED PARTNERSHIP
I, BILL JONES, Secretary of State of the State of California, hereby certify:
That on the 1st day of January, 1998, WSLNP REAL ESTATE LlMlTEC
PARTNERSHIP, complied with the requirements of California law in effect on thai
date for the purpose of registering to transact intrastate business in the State 0'
California; and further purports to be a limited partnership organized and existins
under the laws of the State of Delaware as W9/LNP REAL ESTATE LlMlTEC
PARTNERSHIP, and;
limited partnership nor of a court order declaring cancellation thereof; and
That the above limited partnership is entitled to transact intrastatc
business in the State of California as of the date of this certificate subject
however, to any licensing requirements otherwise imposed by the laws of thi!
state; and
That no information is available in this office on the financial condition
business activity or practices of this limited partnership.
That no record exists in this office of a certificate of cancellation of saic
IN WITNESS WHEREOF, I execute
this certificate and affix the Great
Seal of the State of California this
10th day of August, 1998
BILL @* JONES
Secretary of State -wF-
NP 24 A (Rev 1 96)
LP-202
I
SECRETARY OF STATE
CERTIFICATE OF STATUS
FOREIGN CORPORATION
I, BILL JONES, Secretary of State of the State of Cdvornia, hereby certia:
That on the 1 st day of January ,19 98 9
WS/LNP GEN-PAR, INC.
1
a corporation organized and existkg under the laws of
complied with the requirements of California law in effect on that dare for the purpose of
qualifiing to transact intrmate business in this State; and
That the above corporation is entitled to transact intrastate business in the State of California as of the date of this c&@cate, however, subject to any kensing requirements
otherwise imposed by the laws of this State; and
Thai no informdon iS available in this office on the financial condition, business actiVity
or practices of this corporation.
Delaware
?
IN KlEYESS FWEREOF, I execute
this certtpcute and affi the Great
Seal of the Strrte of California this
7th day Of August, 1998
@* Secretary of tate
0 PAGE 1 a State of Delaware
Office of the Secretary of State
I, EDWARD J. FREEL, SECRETARY OF STATE OF THE STATE OF
DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRE
COPY OF THE CERTIFICATE OF LIMITED PARTNERSHIP OF "W9/LNP REi
ESTATE LIMITED PARTNERSHIP", FILED IN THIS OFFICE ON THE SEC(
DAY OF DECEMBER, A.D. 1997, AT 12:Ol OICLOCK P.M.
@ 9 @2, : L94hfl.d
Edward J. Freel, Secretary of State
AUTHENTICATION
DATE.
4.';
c- - c
ofti-,.+ I .d 8785290 2827564 8100
971409243 12-02-97
0 --- +1v YY --- 0 L-,"-,V, lCLl LL -a" ..I.*
CERTIFICATE OF LIMITED PARTNERSHIP
OF
W9/WP REAL ESTATE LIMITED PARTNERSHIP
This Certificate of Limited Partnership of WS/LNF
.Real Estate Limited Partnership (the "Partnerehrp"), dated
as of December 2, 3.997, is being duly executed and filed by WS/LNP Cen-Par, Inc., a Delaware corporation, as general
partner, to form a limited partnership under the Delaware Revised Uniform Limited Partnership Act (6 m. G. § 17-101
5G -.I.
1. m. The name of the limited partnership
formed hereby is W9/LNP Real Estate Limited
Partnership.
2. -d Ofk . The address of the registered office of the Partnership in the State of Delaware is c/o The Corporation Trust Company,
Corporation Tru:;t Center, 1209 Orange Street, Wilrnington, New Castle County, Delaware 19801,
the registered agent for eearvice of process on the
Partnership in the State of Delaware is The Corporation Trust Company,
Corporation Trust Center, 1209 Orange Street, Wilmington, New Castle County,
Delaware 19801.
4. ral Partnu. The name and businem8 address of the sole general partner of the Partnershi1
are WS/L,NP Gen-Par, Inc., 65 Broad Street, New York, New York 10004.
3. stered Acre%. The name and address of
IN WITNESS WEREOF, the undersigned has executed
this Certificate of Limited Partnership as of the date fir:
above written.
WS/LNP GEN-PAR, INC, a Delaware Corporation,
as General Partner
By: /F;/El&ð A. O'Bru~
Name: Elizabeth A. O'Brien Title: Vice President
NY I2525 179492 3
0 PAGE 1 0 Stme of Delaware
Office of the Secretary of State
It EDWARD J, FREEL, SECRETARY OF STATE OF THE STATE OF
DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND COME(
COPY OF THE CERTIFICATE OF INCORPORATION OF "WS/LNP GEN-PAR,
INC.'l, FILED IN THIS OFFICE ON THE SECOND DAY OF DECEMBER, A
1997, AT 12 O'CLOCK P.M.
Edzolird f&d I. Freef, Secretary of State
8785278 AUTHENTICATION
DATE
2827487 8100
971409240 12-02-97
0 0
CERTIFICATE OF INCORPORATION
OF
W9/LP GEN-PAR, INC.
FIRST : The name of the corporation is W4/LNP Gen-
The address of the corporation's registered
office in the State of Delaware is Corporation Trust Cente
1209 Orange Street in the City of Wilrnington, County of Ne
Castle. The name of its registered agent at such address i
The Corporation Trust Company.
Par, Inc.
., .
SECOND:
THIRD: The purpose of the corporation is to engage
in any lawful act or activity for which corporations may b
organized under the General Corporation Law of Delaware.
FOURTH: The total number of shares which the
corporation shall have authority to issue is 2,000 shares
Common Stock, and the par value of each of such shares is
$1.00.
FIFTH : The name and mailing address of the
incorporator is Lisa E. Carmichael, 125 Brcad Street, New
York, New York 10004-
SIXTH: The Board of Directors of the corporation i
expressly authorized to adopt, amend or repeal by-laws of the corporation.
SEVENTH: Elections of directors need not be by writt
ballot except and to the extent provided. in the by-laws of
the corporation.
EIGHTH: Any director or the ent.ire board of directe
may be removed, with or without cause, by the holders of a
majority of the shares at the time entitled to vote at an election of directors.
NINTH : A director of the corporation shall not be
liable to the corporation or its stockholders for monetary
damages for breach of fiduciary duty as a director, except
to the extent that .such exemption from liability or
limitation thereof is not permitted under the Delaware
General Corporation Law as currently in effect or as the
same may hereafter be amended.' No amendment, modificatio
NY12525: 179464.3
----
0 0
or repeal of this Article NINTH shall adversely effect any
right or protection of a director that exists at the time
such amendment, modification or repeal.
IN WITNESS WHEREOF, I have signed this certifica
of incorporation this 2nd day of December 1997.
A
-, . isa E. Carmichael Incorporator
WI2525. 1794114.?
0 0 0
UNANIMOUS CONSENT IN LIEU
OF FIRST MEETING OF THE
BOARD OF DIRECTORS OF
WS/LNP GEN-PAR, INC.
The undersigned, being the sole director of W9/LNF
Gen-Par, Inc., a Delaware corporation (the "Corporationii) ,
does hereby consent to the adoption of and hereby adopts the
following resolutions and directs that this consent be filed
witk the minutes of the proceedings of the Board of Directors:
RESOLVED, chat until otherwise determined by resolu-
tion of the Board of Directors, the number of members of the Board of Directors shall be one.
FURTHER RESOLVED, that until otherwise determined by
resolution of the Board of Directors, annual meetings of
stockholders shall be held fay the election of directors
at 1O:OO o'clock A.M. on the last Friday of November in each year (or, if such day is a legal holiday, then on the next succeeding business day not a legal holiday) at
the principal office of the Corporation at 101 Lincoln
Centre Drive, Foster City, California 94404 or at such
other place as may be designated by resolution of the
Board of Directors from time to time.
FURTHER RESOLVED, that the following persons are hereby elected to hold the offices of the Corporation set
forth opposite their respective names until their respec- tive successors are elected and qualified or until their
earlier resignation or removal:
Daniel M. Neidich President
Michael K. Klingher Vice President Kevin D. Naughton Vice President, Secretary
Ralph F. Rosenberg Vice President and
and Treasurer
Assistant Secretary
Stuart M. Rothenberg Vice President
David. M. Weil Vice President Edward M. Siskind Vice President and
Elizabeth A. OIBrler? Vice President and
Assistant Treasurer
Assistant Secretary
NY 12533 67951 2
0 0
Alan S. Kava vice President
Todd A. Williams Vice President,
2aul J. Meyer Vice President
Erik M. Hawen Vice President
Edgar M. Thrift, Jr. Vice Presidenz
Barry DiRaimundo Vice President
Gary J. Rossi Vice President
Assistant Treasurer acd
Assistant Secretary
FURTHER RESOLVED, that until otherwise determined ky
the Board of Directors, the fiscal year of th2 Corpora-
tion shall be the period of twelve calendar months ending
on the last Friday in November in each year.
FURTHER RESOLVED, that the form of seal bearing the
words and figures "WS/LNP Gen-Par, Inc., corporate seal,
1997 Delaware11 is hereby appraved and adopted as and for
the corporate seal of the Corporation.
FURTHER RESOLVED, that the form of certiflcate for the Corporation's Common Stock, par value $1.00 per
share, attached to this consent as Annex A, is hereby adopted as the certificate to represent fully paid and non-assessable shares of the Common Stock of the
Corporation,
FURTifER RESOLVED, that for the purpose of authori- zLzg th2 Coqoratior, to do buiE2ss under the laws of ally state, territory or possession of the United States or of any other foreign country in which it is necessary or convenient for the Corporation to transact business, the
proper officers of the Corporation are hereby authorized
in the name and on behalf of the Corporation to take such action as may be necessary or advisable to effect the
qualification of the Corporation to do business as a foreign corporation in any of such states, territories, possessions or foreign countries and in connection therewith to appoint and substitute all necessary agents
or attorneys for service of process, to designate or change the location of all necessary statutory offic$s,
and to execute, acknowledge, verify, deliver, file or cause to be published any necessary applications, papers,
certificates, reports, consents to service of process, powers of attorney and other instruments as may be
required by any of such laws, and, whenever it is expe-
dient for the Corporation to cease doing business and withdraw from any such state, territory, possession or
foreign country, to revoke any appointment of agent or
attorney for service of process and to file such appli-
cations, papers, certificates, reports, revocation of
-2- NYI2533 67931 2
0 0
appointment or surrender of authority as may be necessary to terminate the authority of the Corporation to do business iE any such sCate, territory, possession or
foreign country.
FURTHER RESOLVED, that an office of the Corpcraricn
be established and maintained at 101 Lincoln Cer.trt
Drive, Foster City, California 94404.
FURTHER RZSOLVED, that the Corporation is hereby authorized to issue and sell 1000 shares of the Common
Stock, par value $1.00 per share, of the Corporation to Lincoln-Whitehall Realty (West) IV, L.L.C- or its nominee at a purchase price to be determined by any officer th2
Corporation.
FURTHER RESOLVED, that any officer of the Corporation is hereby authorized to execute and deliver
to Lincoln-Whitehall Realty (West) IV, L.L.C. or its nominee shares representing 1000 fully paid and
nonassessable shares of Common Stock of the Corporation
against receipt of the purchase price therefor.
FURTHER RESOLVED, that the sum received in payment for the foregoing shares is hereby declared part of the capital of the Corporation.
FURTHER XESOLVED, that rhe Secretary of the
Corporation is hereby authorized and directed to procure all corporate books, bcoks of account and stock books which may be required by the laws of Delaware or of any
State in which the Corporation may do business or which may be necessary or appropriate in connection with the business of the Corporation.
FURTHER RESOLVED, that the Treasurer of the Corpora- tion is hereby authorized to pay all charges and expenses incidental to or arising out of the organization of the
Corporation and to reimburse any person who has made any disbursement therefor.
FURTHER RESOLVED, that any officer of the Corporation is hereby authorized to execute and deliver (and file where necessary) an agreement of limited partnership, a certificate of limited partnership, each
in a form that such officer, with the advice of counsel,
deems appropriate, and any and all amendments thereto or restatements thereof and any and all additional documents necessary or appropriate to organize the Partnership as
a Delaware limited partnership.
NY I2333 6793 I 2 -3-
0 0
FURTHSR RESOLVED, that the Corporation, in its capacity as the general partner of the Partnership, is hereby authorized to take all action necessary to permit the Partnership to acquire or invest in loans and real
and is hereby authorized to enter into any agreeKents,
connection therewith.
estate assets, ox debt securities and other instruments,
inscruments or documents deemed necessary or desirable in
FURTHER RESOLVED, that each and every officer of the
CorporatLon, (each, an lrAuthorized Signatoryir) be, anC each of them hereby is, authorized to delegate to any person, as said Authorized Signatory may designate by a written delegation of authority or power of attorney, the
authority to sign, to execute and deliver on behalf of
the Corporation and the Partnership, any and all such documents, papers,certificates,agreements and instruments
and to do or cause to be done any and all such other acts and things as they or any of them, with the advice of counsel, may deem necessary or desirable in order to effectuate or carry out the purpose and intent of these
resolutions.
FURTHER RESOLVED, that any and all such action
heretofore taken in respect of the matters described in thesi! resolutions be, and hereby is, ratified and confirmed by each of the Corporation ana the Partnership
as its act and deed.
NY12333.679312 -4-
0 a
IN WITNESS WHEREOF, the undersigned has executed this
unar.imous consent this* day ofbaemb-i.r , 1997.
\, w-. -
,.
DISCLOSURE STATEMENT
Applicant’s statement or disclosure of certain ownership interests on all applications Lvhich \vi21 rc
discretionary action on the part of the City Council or any appointed Board. Commission or Comrni:
The follo\ving information MUST be disclosed at the time of application submittal. )’our project c,
be re\,iewed until this information is completed. Please print.
Kote:
orsanization, corporation, estate, trust, receiver, syndicare, in this and any other county, city and counr).
municipaliy, 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 mi
provided belotv.
1.
Person is defined as “Any individual, firm, co-parmership, joint venture, associalion, social club, fra
APPLICAKT (Not the app1icant.s agent)
Provide the COMPLETE. LEGAL names and addresses of & persons havin, 0 a fina
interest in the application. If the applicant includes a corDoration or partnership. inclttdi
names. title, addresses of all individuals onming more than 10% of the shares. IF
IXDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE K
APPLICABLE (WA) IX THE SPACE BELOW. If a publiclv-owned corporation. includt
names, titles, and addresses of tlie corporate officers. (A separate page may be attachc
necessac..)
Person Corp/Pan
Title Title
Address Address
2. OWNER (Not the owner’s agent)
Provide the COMPLETE. LEGAL names and addresses of & persons having any owner
interest in
partnership. tenants in common. non-profit, corporation, etc.). If the ownership inciud
corporation or partnership. include the names, title. addresses of all individuals owning r
than 10% of the shares. IF NO lNDIVIDUALS OhX MORE THAN 10% OF THE SHAF
PLEASE INDICATE NOX-APPLICABLE (NA) IN THE SPACE BELOW. If a publl
ou.ned corporation. include the names. titles, and addresses of tlie corporate officers. (A sepz
pqe may be attached if necessary.)
Carlsbad Airport Cent] Person Leland C. Ayers
Title Presrdent Title- pr
Address (760) 929-2275
tlie property involved. Also, provide the nature of the legal ownership
CorplPart AS SOC iatio n (CACOA)
2026 Palomar Airport-] Address I ~ Ld115%dU, LA IL@VO .. -_ ne
2075 Las Palmas Dr. - Carlsbad, CA 92009-7576 - (760) 438-1161 - FAX (760) 438-Oe
9 ANIZATION OR TRUST ylll 3. N OK-PROFIT
If any person iden led pursuant to (1) or (2) above is a nonur rlt oreanizarion or a trust. iis
names and addresses of ANY person serving ips an officer or director of the non-p
organization or as trustee or beneficiary of the.
?don Profinrust Jpff ry Rrwu Non Profiflrust Carmen Da il y
Title Vice President Title Secretary/Treasurer
Address Same as #2 Address Same as #2
Have you had more than $250 worth of business transacted with any member of Cip I 4.
Boards, Commissions, Committees and/or Council within the past nvelve ( 12) months? n Yes No If yes. please indicate person(s):
NOTE: Attach additional sheets if necessary.
I certify that all the above informahon is true and correct to the best of my knowied_ce.
Signature of owneridate Signature of applicant/date
Print or type name of owner Print or type name of applicant -- L G - % Sisnature of ownedapplicant‘s a,oent if 6pplicable/date
Leland C. Ayers, CACOA President
Print or type name of owner/applicant’s apent
Page 2 o H.ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98
pygwvc(Q-‘/ CL/yfUJ~W
DISCLOSURE STATEMENT
Applicant‘s statement or disclosure of certain ownership interests on all applications which will reqi
discretionap action on the part of the City Council or any appointed Board. Commission or Cornmine
The following information MUST be disclosed at the time of application submittal. )’our pro.ject calli
be reviewed until this information is completed. Please print.
Note:
Person is defrned as “Any individual, firm, co-partnership, joint venture, associarion. social club. hater
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county. (
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
provided below.
1. APPLICANT (Not the applicant‘s agent)
Provide the COMPLETE. LEGAL names and addresses of & persons having a financ
interest in the application. If the applicant includes a cornoration or oartnership. include t
names. title, addresses of all individuals owning more than 10% of the shares. IF b
INDIVIDUALS OWN MORE THAN 10% OF THE SHARES. PLEASE INDICATE NO
APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation. include t
names. titles. and addresses of the corporate officers. (A separate page may be attached
necessa?.)
Person Corp/Part
Title Title
Address Address
7 OWNER (Not the owner‘s agent)
pannersl~ip. tellants in common, non-profit, corporation, etc.). If the ownership inciudes
-.
Provide the COMPLETE, LEGAL names and addresses of & persons having any ownersh
interest in the property involved. Also, provide the nature of the legal ownership (i.
corporation or partners hi^. include the names. title. addresses of all individuals owning mo
than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARE
PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a public1
owned coruoration. include the names. titles. and adduesses of the corporate officers. (A separa
page may be attached if necessary.)
Person
Title
Address Address /rh f%mod//f VL
aK-,cA 42qJ3
2075 Las Palmas Dr. - Carlsbad, CA 92009-1 576 (760) 438-11 61 * FAX (760) 438-089,
3, NON-PROFIT 4 .FNIZATION OR TRUST 0 If an>* person identified pursuant to (1 1 or (2) above is a nonprofit organization or ;i trust. llst
names and addresses of ANY person serving as an officer or director of the non-prc
opnizatipn or as irusree or beneficiary of the.
?ion ProfitlTrust Non Profiflrust
Title Title
Address Address
4. Have you bad more than $250 worth of business transacted with an?. member of Cit). st;
Boards. Commissions. Committees and/or Council within the past twelve ( 12) months’? m Yes $sl.o If yes, please indicate person(s):
NOTE: Attach additional sheets if necessarq.
correct to the best of my knowledge.
-7<+4?4p i i /,C -q.7cyL-7/5d.- F /I : /43
--, ‘Dmk3 5 -. ( LC /I r.l.r ,:y/?tl-
Signature of applicant/date fl
I, --
1 ri’nt or type name of owner Prinr or type name of applicant
- \ #%&?
Signature of ownerjap licant’s agent if applicadle/date
@-- I --J%,udrL L2Lw& I ma
Print or type name of owner/ayjplicant*s aiend
H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of :
0 p (43-0’2
Attachment to City of Carlsbad Disclosure Statement
Ownership information, 1530 Faraday Ave.
Partnership, THDC Enterprises
THDC Enterprises
before 9/1/98
2111 Palomar Airport Road, Suite 100
after 9/1/98
1530 Faraday Ave.
Carlsbad, CA 92008
Thomas Hageman
Planning Systems
2111 Palomar Airport Road, Suite 100
Carlsbad, CA 92009
Dennis Cunningham I1
Planning Systems
2111 Palomar Airport Road, Suite 100
Carlsbad, CA 92009
Dennis Cunningham
Carlsbad, CA 92009
Carlsbad, CA 92009
7119 Surfbird Circle
Exhibit “M’
September 2, 1998
0 0
PALOMAR AIRPORT
EXISTING os
PROPOSED PI @
COURTYARD BY MARRIOTT
GPA 98-02
0 0 Exhibit "N"
September 2, 1998
EXISTING PI
PROPOSED os @
COURTYARD BY MARRIOTT
GPA 98-02
e EXt 0
9. GPA 98-021SP 181(B)ICUP 98-IUHDP 97-20 - COURTYARD BY MARRIOIT - Request fc
approval of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program
General Plan Amendment, Specific Plan Amendment, Conditional Use Permit and Hillsid
Development Permit to develop a 145 room hotel on a 3.74 acre property located north c
Palomar Airport Road, east of Camino Vida Roble along the south side of Owens Avenue withi
the Carlsbad Airport Center Specific Plan in Local Facilities Management Zone 5.
Chairperson Noble asked the applicant's representative, Torn t-lageman, if he wished to have this iten
continued to another date, to be heard by a full Commission, or did he wish to have it heard with thost
commissioners present.^
MINUTE!
PLANNING COMMl SSlO e September 2, 1998 0 Page
Mr. Hageman indicated his desire to have the item heard at this meeting.
Assistant Planning Director, Gary Wayne introduced this item and stated that Principal Planner, ci
DeCerbo, would present the staff report.
Project Planner, Chris DeCerbo, presented the staff report and, with the use of a series of slid
described the project as follows: This is a request for approval of a General Pian Amendmerlt, Spec
Plan Amendment, Conditional Use Permit and a Hillside Development Permit to develop a 145 room h(
on a 3.74 acre property located north of Palomar Airport Road, east of Camino Vida Roble along the SO
side of Owens Avenue within the Carlsbad Airport Center Specific Pian. The project site is pre-grac
and sparsely vegetated with non-native grasses and Ornamental perimeter landscaping. The proper$
bordered by open space and Palomar Airport Road to the south, Owens Avenue to the north, and Optir
Integrated Solutions (an office use) to the west. The proposed 3-story hotel will include 145 guest roo1
a limited service restaurant, two small meeting rooms, 203 associated parking spaces, and recreai
facilities which will include a courtyard with a pool and Jacuzzi. Access to the project and the adjacc
office building (to the west) will be provided by a shared driveway off of Owens Avenue. As seen on 1
wall exhibit, the hotel is configured in a “u” shaped design to provide a major landscaped open sp;
visual focal point when viewed from Palomar Airport Road. A drive-through porte-cochere with cop1
finish domed roof is located along the Owens Avenue side of the building. Architectural accent featui
include balconies, slate tile, varied roof parapets and wall planes. Building materials include Westc
Sand and Highland Bluff exterior colored plaster and compatible Safari Quartz and Rajah Red slate tile
In order to adequately park the proposed project, the applicant is proposing to convert .57 acres
General Plan Open Space to Planned Industrial use. The General Plan Open Space that is proposed
be developed with parking, is immediately adjacent to and east of the subject property, as shown on t
General Plan map change. This open space area is comprised of a manufactured slope that w
developed in association with the original grading of the industrial subdivision and is planted w
ornamental landscaping. This General Plan Open Space would be replaced with .57 acres of nati
habitat that is located on Lot 101 of the Carlsbad Research Center (CT 85-24). This General PI
Amendment request affects the Planning Commission’s previous action of April 1, 1998, on the citywi
General Plan, zoning and Local Coastal Program consistency project. That project has been scheduled
be heard before the City Council and a revised exhibit would reflect the actions of this Commission, shoi
this General Plan Amendment request be approved at this meeting. The project site is located within t
Carlsbad Airport Center Specific Plan which designates the property for the development of Area 2 USI
which include certain retail uses including hotels, which support the business park. The same Speci,
Plan also requires the processing and approval of three separate land use permits, including a Site Plan,
Conditional Use Permit, and a General Plan Amendment for such a hotel use. As a part of this project, tt
applicant is requesting approval of an amendment to the Specific Plan to delete the General PI:
Amendment requirement for hotel, motel, and theater uses and the Site Development Plan requirement f
all commercial uses that are permitted within the Carlsbad Airport Center Specific Plan. The approval
this Specific Plan amendment would still require that the project applicant, and future applicants proposir
commercial uses within the Carlsbad Airport Center, be required to receive approval of a Conditional U!
Permit by the Planning Commission. Staff analysis of the project focussed upon the product‘s complianc
Planned Industrial Zone, Conditional Use Permit provisions of the Municipal Code, and the Hilisic
Development Ordinance standard. The project, as proposed, is in compliance with all applicab
development standards and provisions and, therefore, staff recommends approval of this project.
Commissioner Compas asked if the Marriott is also building a “Residence Inn” nearby and Mr. DeCert
replied affirmatively.
Commissioner Compas asked if this project will have a different clientele than that of the “Residence Inn’
Mr. DeCerbo replied that the clientele will probably be similar, and that it will probably also attract sorr
with the General Plan, the Carlsbad Airport Center Specific Plan, the development standards of tb
MINUTE
PUNNING COMMISSJO@ September 2, 1998 a Page
guests from the yet to be completed LEGOLAND.
Commissioner Heineman stated that Marriott frequently piaees a “Courtyard Inn” and a “Residence I
Residence Inn for those commercial (business) people that may be required to remain in the area fc
week or more. He added that they compliment each other.
Tom Hageman, Planning Systems, 21 1 Palomar Airport Road, #loo. Carlsbad, representing the Marr
Hotels, stated their concurrence with the staff report. However, Mr. Hageman continued, he wo
request that Condition No. 2, Resolution No. 4375, be deleted, in that his client has concern about ti
condition. The reason for the request is that although his client realizes that if there is a concern by (
City regarding the operation of his project and he would have to bear the consequences, his construct
lender has great concern about the wording of Condition No. 2, particularly the last sentence which stat
This permit may be revoked at any time . , . Mr. Hageman pointed out that this project involve:
substantial amount of money and the lender is very concerned about lending on a project that might h;
its land use permit revoked at any time. Mr. Hageman concluded by asking that this project be approv
with Condition No. 2 deleted.
Chairperson Noble opened Public Testimony and offered the invitation to speak. Seeing no one wishi
to testify, Chairperson Noble closed Public Testimony.
Mr. Wayne stated that Condition No. 2 is, essentially, a code reminder. Chapter 21.58 grants the authoi
for the City to consider any permit that is issued, at any time, and determine whether or not it is bei
operated per the conditions of approval and whether or not there have been changed conditions tt
perhaps have caused any health, safety, or general welfare issues. Mr. Wayne further stated that Sti
could support the removal of Condition No. 2, since the applicant is clearly aware that they must adhere
the conditions of the permit and if situations change, they have to be a good neighbor and participate
the protection of the public health, safety, and welfare.
Chairperson Noble asked if this is a standard condition that is included in almost all projects.
Mr. Wayne replied that this condition is used more in Conditional Use Permits as part of a condition that
normally seen in most projects.
Mr. Rudolf added that in the days when there was a time limit on all Conditional Use Permits, Conditic
No. 2 was definitely a condition. Then, he continued, after the time limitation the language becan
essentially a code reminder. In this particular case, where there is no time limit on the Conditional Us
Permit, Mr. Rudolf pointed out, it effectively becomes the zoning for the property as if this is an all out us
He also pointed out that at the end of the approvals, there is a section called Code Reminders, and thin{
that the applicant needs to be reminded of are in there. Whether they are there or not, however, does n
mean that they do not apply. They are in the Municipal Code and they do apply. As a courtesy to tt
applicant, the condition can be deleted. Mr. Rudolf also stated that he wishes to make it clear that tt
applicant and the lender understands that there is no difference, by the removal of Condition No. 2, an
that the City still has the power under Chapter 21.58.010 to hold a public hearing and potentially revok
the Conditional Use Permit if the conditions in the Municipal Code are not satisfied.
Commissioner Compas asked the applicant if he understands that the removal of Condition No. 2 doc
not change anything and it does not put the City in any jeopardy.
Mr. Hageman nodded his head “yes”, in answer to Commissioner Compas’ question.
Commissioner Monroy voiced his support to eliminate Condition No. 2.
Chairperson Noble pointed out that there have been some administrative changes in the Environment;
very close to each other; the Courtyard for mainly non-commercial (more transient) guests, and:
MINUTE
PLANNING COMMlSSl e September 2, 1998 a Pa
impact Analysis, Pages 11 and 12, and revisions to the Specific Pian Amendment, Exhibit Z.
ACTION: Motion by Commissioner Heineman, and duly seconded, to adopt Pla
Commission Resolutions No. 4372,4373, and 4374, recommending approv;
Mitigated Negative Declaration and Mitigation Monitoring and Reporting Pro
GPA 98-02 and SP 181(B) and adopt Planning Commission Resolution!
4375, with the deletion of Condition No. 2, and 4376, approving CUP 98-%
HDP 97-20, including Exhibit Z, based upon the findings and subject t
conditions contained therein.
Noble, Heineman, Monroy, and Compas
VOTE: 4-0
AYES:
NOES: None
ABSTAIN : None
0 e
(Form A)
-
TO: CITY CLERK’S OFFICE
FROM: PLANNING DEPARTMENT
RE: PUBLIC HEARING REQUEST
Attached ace the materials necessary tor you to notice
GPA 98-02/SP 181(B) - Courtyard by Marriott
for a public hearing before the City Council.
Please notice the item tor the council meeting of First Available .
Thank you.
September 15, 19! -&- Date
-
(2010 86 2011 C,C,P,)
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident of
the County aforesaid: I am over the age of eighteen
California, under the dates of June 30, 1989
(Blade-Citizen) and June 21, 1974 (Times-
Advocate) case number 171 349 (Blade-Citizen)
and case number 1721 71 (The Times-Advocate)
for the cities of Escondido, Oceanside, Carlsbad,
1 Solana Beach and the North County Judicial
District; that the notice of which the annexed is a
printed copy (set in type not smaller than
nonpareil), has been published in each regular and
supplement thereof on the following dates, to-wit:
entire issue of said newspaper and not in any
September 25, 1998
I certify (or deciare) under penalty of perjury that
the foregoing is true and correct. sm mcos
day Dated at California, this 25th
of Sept. 1998
,-, ,/ x ",
.\-I"' I .- ,t i., [/.I&: ;L -+--;. <-?.* gy<+, -<.- J ............................
--.---------- ---_______ -
NOTICE OF PUBLIC HEARING GpA 98-02/SP-l81(BI - COURTYARD BY MARRl0l-r
NOTICE 1s HEREBY GIVE that the City Council of the City of Carlsbad will hold
hearing at the city Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, c
at 6:oo p.m., on Tuesday, October 6, 1998, to consider a request for approval 01 Mitigated Negative Declaration and Mitigation Monitoring and Reporting PWar
Plan Amendment, and Specific Plan Amendment to develop a 145 room hotel 01 acre site, on property generally north of Palomar Airport Road, east Of Gamin0 1
Roble, along the south side of Owens Avenue within the Carlsbad Airport Cente
plan, in Local Facilities Management Zone 5, and more Particularly described a:
A portion of Lots 26 and 28 of Carlsbad Tract 81-46, Unit NO. 2, in the Cit Carlsbad, County of San Diego, State of California, according to Map the No. 11288, filed in the office of the County Recorder of Sari Diego Count]
on July 16, 1985.
Those persons wishing to speak on this proposal are invited to attend the public
Copies of the staff report will be available on and after October 2, 1998. If YOU t questions regarding this math, please call Chris DeCerbo in the Planning Der
at (760) 438-1161, ext. 4445.
If you challenge the Mitigated Negative Declaration, Mitigated Monitoring and Reporting Program, General Plan Amendment, andlor Specific Plan Amendment in court, you may be limited to raising only those issues raised by you or someone else at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad City Clerk's office at, or prior to,
the public hearing.
APPLICANT Carlsbad H.H.G.1A.P.M. Hotel Venture L.P. CARLSBAD CITY COUNCIL
COURTYARD BY MA
Legal 59605 September 25,1998 GPA 98-02ISP 1811
-~
0 0 DACIFIC VESTERN MTG & INV CO MTK CORPORATION OF AMERICA
6506 URSLIhX COURT MCLEAN VA 22101 NEWPORT BEACH CA 92660
hFER EVELYN LTD INVESTORS SUITE 375
4100 MACARTHUR BOULEVARD
NOVAK MICKEY SEPERATE TRUST 10 5858 EDISON PLACE
CARLSBAD CA 92008
COUNTY OF SAN DIEGO
5201 RUFFIN ROAD
SAN DIEGO CA 92123
CARLSBAD AIRPORT CENTRE c/o LJEYmHAUSER vEN!mRE SUITE 100
SUITE 310 18200 VON KARMAN
21515 HAWIXORNE BLVD
COX CALIFORNIA PCS
IRVINE CA 92612
TORRANCE CA 90503
CARLSBAD HHG/HOTEL VENTURE LP ORMSBY HOLDING INC
4441 WEST AIRPORT FW 13004 ABM DRIVE
IRVING TX 75062 9 SAN DIEGO CA 92128 (+$@=-leJ
BASSI BRUNO & RITA
SUITE 200
5841 EDISON PLACE
CAEUSBAD CA 92008
CARLSBAD CORPORATE CENTRE LLC C/O CHARLES SHER
990 HIGHLAND DRIVE
SULEIMAN AYMAN & MAREN M
RODIER E SWTEY
C/O OPTIMAL COMPUTERS
SUITE C
5670 EL CAMINO REAL CARLSBAD CA 92009
TPD REALTY CORPORATION
2051 PALOMAR AIRPORT ROAD SUITE 202
CARLSBAD CA 92009
SOLANA BEACH CA 92075
MCROSKEY FAMILY REVOCABLE
TRUST 09-15-82
PO BOX 1243
RANCHO SANM FE CA 92067
HAYNOR CECELIA TRUST 08-19-93 MCROSKEY DANIEL A
SUITE 213
4540 KEARNY VILLA. ROAD
SAN DIEGO CA 92123
PT CARLSBAD ASSOCIATES C/O
SS-100 CORP
1947 CAMINO VIDA ROBLE
CARLSBAD CA 92008
CARLSBAD AIRPORT ONIBRS ASSOC
C/O JOHN H KINAN
SUITE 1505
100 WEST C STREET
SAN DIEGO CA 92101
0
KIRGIS 1996 TRUST 4452 HOCKADAY DRIVE DALLAS TEXAS 75229
/ 1
CRC PROJECT ONE LP C/O
HAMANN CONSTRUCTION
475 WEST BRADLEY AVENUE EL CAJON CA 92020
KELLY LAND COMPANY c/o D LARRY CmS
SUITE 206
2011 PALOMAR AIRPORT ROAD CARLSBAD CA 92009
BARNETT ARTHUR M HAGEMAN, THOMAS SUITE 160 STE 100 12780 HIGH BLUFF DRIVE
SAP? DIEGO CA 92130 CARLSBAD CA 92008
1530 FARADAY AVE
BLACKMORE SIGNAL HILL
PO BOX 424
RANCHO SANTA FE CA 92067
CAC ASSOCIATION LLC C/O LAWRENCE WOODWARD SUITE 400
9820 WILLOW CREE ROAD SA" DIEGO CA 92131
ISOBE CMG T & CKERYL A HAYGEMAN DREW A STAMOUR MARK K
1545 FARADAY AVENUE
CARLSBAD CA 92008
HERMA" ENTERPRISES LLC 475 WEST BRADLEY AVENUE
EL CAJON CA 92020
CRC 474 WEST BRADLEY AVENUE EL CAJON CA 92020
UNION PACIFIC RAILROAD
SUITE 211 2945 HARDING STREE;T CARLSBAD CA 92008
/,
DRIVE
Cm CA 92009
/'
CITY OF VISTA
0
SD COUNTY PLANNING
0
CARLSBAD UNIF SCHOOL DIST
801 PINE AVE STE B PO BOX 1988
CARLSBAD CA 92008 5201 RUFFIN RD VISTA CA 92085
SAN DIEGO CA 92123
CALIF DEPT OF FISH & GAME REGIONAL WATER QUALITY SANDAG
STE 50 STE B STE 800
330 GOLDENSHORE 9771 CLAIREMONT MESA BLVD 401 B ST
LONG BEACH CA 90802 SAN DIEGO CA 92124-1331 SAN DIEGO CA 92:
I.P.U.A.
SCHOOL OF PUBLIC i LAFCO AIR POLLUTION CNTRL DIST
1600 PACIFIC HWY 9150 CHESAPEAKE DR
SAN DIEGO CA 92101 SAN DIEGO CA 92123 URBAN STUDIES
SAN DIEGO STATE ul
SAN DIEGO CA 92:
U.S. FISH & WILDLIFE CITY OF ENCINITAS CITY OF OCEANSIDE
2730 LOKER AVE WEST 505 SO WLCAN AVE 300 NO COAST HWY
CARLSBAD CA 92008 ENCINITAS CA 92024 OCEANSIDE CA 921
CITY OF SAN MARCOS ABOVE ADDRESS -
1 CIVIC CENTER DR Council Notices 01
SAN MARCOS CA 92069
CITY OF CARLSBAE CITY OF CARLSBAD CITY OF CARLSBAD
PUBLI C WORKS/ENGINEERING PUBLIC WORKS/COMMUNITY MUNICIPAL WATER D:
DEPT SERVICES
CITY OF CARLSBAD
PLANNING DEPT
CHRIS DECERBO
z 0 e
- City of Carlsbac
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad b
hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsb:
California, at 6:OO p.m. on Wednesday, September 2, 1998, to consider a request
approval of a Mitigated Negative Declaration and Mitigation Monitoring and Reporti
Program, General Plan Amendment, Specific Plan Amendment, Site Development PI
and Hillside Development Permit to develop a 145 room hotel on a 3.74 acre prope,
on property generally located north of Palomar Airport Road, east of Camino Vii
Roble along the south side of Owens Avenue within the Carlsbad Airport Cenl
Specific Plan in Local Facilities Management Zone 5 and more particularly describj
as:
A portion of Lots 26 and 28 of Carlsbad Tract 81-46, Unit
No. 2, in the City of Carlsbad, County of San Diego, State of
California, according to Map thereof No. 11288, filed in the
Office of the County Recorder of San Diego County, July 16,
1985.
Those persons wishing to speak on this proposal are cordially invited to attend t
public hearing. Copies of the staff report will be available on and after August 27, 199
If you have any questions, please call Chris DeCerbo in the Planning Department
(760) 438-1 161, extension 4445.
If you challenge the General Plan Amendment, Specific Plan Amendment, SI
Development Plan and Hillside Development Permit in court, you may be limited
raising only those issues you or someone else raised at the public hearing described
this notice or in written correspondence delivered to the City of Carlsbad at or prior
the public hearing.
CASE FILE: GPA 98-021SP 181 (B)ISDP 97-231HDP 97-20
CASE NAME: COURTYARD BY MARRIOTT
PUBLISH: AUGUST 20, 1998
CITY OF CARLSBAD
PLANNING DEPARTMENT
2075 La Palmas Dr. - Carlsbad, CA 92009-1 576 - (760) 438-1 161 - FAX (760) 438-OE
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PALOMAR AIRPORT
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COURTYARD BY MARRIOTT
GPA 98-02lSP 181 (B)/
SDP 97-23lHDP 97-20
0 0 $?GE” mom CU”INGM D&I KIRGIS 1996 TRUST SUITE 360 4452 HOCKADAY DRIVE 2111 PALOMAR AIRPORT ROAD
CARLSBAD CA 92009 H ALL AS TEXAS 75229
KELLY LAND COMPANY c/o CRC PROJECT ONE LP C/O
475 WEST BRADLEY AVENOE EL CAJON CA 92020
HAMA” CONSTRUCTION D LARRY CLEMENS
SUITE 206
2011 p.A.L@lAR AIRPORT ROAD CARLSBAD CA 92009
BARNETT AREKJR M
SUITE 160 12780 HIGH BLUFF DRIVE
SAN DIEGO CA 92130
BLACKMORE SIGNAL HILL
PO BOX 424 RANCHO SANTA FE CA 92067
CAC ASSOCIATION LLC C/O
LAWRENCE WOODWARD
SUITE 400 9820 WILLOW CREEK ROAD SAN DIEGO CA 92131
ISOBE CMG T & CHERYL A
HAYGEMAN DREW A STAMOUR MARK K
1545 FARADAY AVENUE
CARLSBAD CA 92008
HERMA“ ENTERPRISES LLC 475 WEST BRADLEY AVENUE
EL CAJON CA 92020
!% WEST BRADLEY AVENUE A notice h~s been mailed to all prc 27v rr\vners/o~upantS
listed h~ C‘ ’:.
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EL CAJON CA 92020
UNION SUITE PACIFIC 211 RAILROAD
2945 HARDING STREET
CARLSBAD CA 92008
CITY OF CARLSBAD ,-.--*-
2075 LAS PKM&-~IRIU? CARLSBAD B’92009 ,
0 0 \ PACIFIC WESTERN MTG & INv co =FER EVELYN LTD INVESTORS SUITE 375
6506 URSLINE COURT MCLEAN VA 22101 NEWPORT BEACH CA 92660
M"K CORPORATION OF &ERICA
4100 MACARBUR BOULEVARD
NOVAK MICKEY SEPERATE TRUST 10 5858 EDISON PLACE
CARLSBAD CA 92008
COUNTY OF SAN DIEGO
5201 RUFFIN ROAD
SAN DIEGO CA 92123
CARLSBAD AIRPORT CENTRE
c/o WEYERHAUSER VENTURE SUITE 100
SUITE 310 18200 VON KARMAN 21515 HAWTHORNE BLVD TORRANCE CA 90503
CARLSBAD HHG/HOTEL VENTURE LP 4441 WEST AIRPORT Fwy
IRVING TX 75062
COX CALIFORNIA PCS
IRVINE CA 92612
OWBY HOLDING INC
13004 ABM DRIVE
SAN DIEGO CA 92128
BASSI BRUNO & RITA
SUITE 200 5841 EDISON PLACE
CARLSBAD CA 92008
CARLSBAD CORPORATE CENTRE UC c/o CHARLES sm SUITE 202 990 HIGHLAND DRIVE SOLANA BEACH CA 92075
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RODIER E STANLEY
C/O OPTIMAL COMPUTERS
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TPD REALTY CORPORATION
2051 PALOMAR AIRPORT ROAD CARLSBAD CA 92009
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TRUST 09-15-82 PO BOX 1243 RANCHO SANTA FE CA 92067
HAYNOR CECELIA TRUST 08-19-93
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PT CARLSBAD ASSOCIATES C/O
SS-100 GORP
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