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HomeMy WebLinkAbout1998-10-06; City Council; 14876; Courtyard by MarriottMTG. 10/6/98 COURTYARD BY MARRIOTT GPA 98-021SP 181(B) co I 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. m 00 m 0 z 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. 2 a a, u a 0 a cd a cd co G * 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 z 0 z a, V Gn cdrn sa, -d u -a3 kc 0 -4 E aa, Ll c,. Ga ad a, a &E: -4 a, VE ccd 3 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 0-7 1 \o 4 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. 1 2 3 4 5 6 7 8 9 10 11 12 l3 l4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a 0 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. 1 2 3 4 5 ' 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 a 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) -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 l8 l9 20 21 22 23 24 25 26 27 28 0 0 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 ( -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 l6 17 18 19 20 21 22 23 24 25 26 27 28 0 0 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. - 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) -3- e 0 EX1 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 11 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 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 . 28 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: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 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. ... ... ... ... ... ... ... PC RES0 NO. 4372 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1 8 19 20 21 22 23 24 25 26 27 28 0 0 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- 0 e - 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 IXI 0 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 0 0 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 0 0 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. 9 Rev. 03/28/96 0 0 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 0 0 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 A Q) n n v 5 8 l- UJ g m T F 03 n 9 N %%> mcn .E)+ E .= w a, €+ g 9 .o 6 LZS a, .- -c. c p!i - E .- i I- rn z $ €5 .F g '5 U .% .g Q, LEE E E 5 '5 C C t K a saw ,a C a a*= UJ I a L n mz 5- E - - U n ._ * n E a Qo Q) a 4 0 .. 3gg .- ._ c 0; Lm " k2.g $ +YS I1 E n Q+L c a 622 2 000 K irj lx w m 22 2- z w 200 Le4 C n .- e e = w.gE pw C E o -a,.= - E c =0 F o.Ea, n 0"'s 7: z zzw 5 3 0 ou?j e$+ 3 su-> a - +m= + + + 0 .- L L : m P m r 3 0 0 .- a, 2 uEm $€ 2 0 u- 0 v% E+< G oajE sx= en w.Emp gw I-. 3.GSco :z v3 E $2 s 0 .- K Q sou am h .e .E O-UN co cs Q.G (3) 0 €5 (3) .=moa, (IJ om ea, 0)s- & EZa,o a -mag E ZQw a,-c 2 c E 03 !=E30 gcuww ? ti =warn % EZE3 - a .- + a, IL:.Em$ (P - iric w .sEma, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 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. ... ... PC RES0 NO. 4373 -2- I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 . 28 e 0 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e 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. PC RES0 NO. 4374 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 l6 17 18 19 20 21 22 23 24 25 26 27 28 0 0 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- + 1 2 3 4 5 6 7 8 9 10 1s 0 0 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 15 16 ATTEST: 19 20 21 22 23 24 25 26 27 28 Planning Director PC RES0 NO. 4374 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 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 PC RES0 NO. 4375 -2- 1' 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 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. -I PC RES0 NO. 4375 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 l5 16 17 18 19 20 21 22 23 24 25 26 27 28 m 0 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 PC RES0 NO. 4375 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 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. PC RES0 NO. 4375 -5- I, 1 2 3 4 5 6 7 8 9 lo 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 . 28 0 0 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. PC RES0 NO. 4375 -6- If 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 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. PC RES0 NO. 4375 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 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 PC RES0 NO. 4375 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 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. PC RES0 NO. 4375 -9- 1 2 3 4 5 6 7 8 9 lo 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 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. PC RES0 NO. 4375 -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 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. PC RES0 NO. 4375 -I 1- 1 2 3 4 5 6 7 8 9 lo 11 12 13 l4 15 16 17 l8 19 20 21 22 23 24 25 26 27 28 0 0 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. ... ... *-- PC RES0 NO. 4375 -12- 1 2 3 4 5 6 7 8 9 lo 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 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 PC RES0 NO. 4375 -13- 1 2 3 4 5 6 7 8 9 lo 11 12 13 14 15 16 17 l8 19 20 21 22 23 24 25 26 27 28 0 0 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 ‘ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 . 28 0 e 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 PC RES0 NO. 4376 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 a 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. PC RES0 NO. 4376 -3- I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 0 0 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&&eth 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 0 0 't PALOMAR AIRPORT @ 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‘ ’:. Dat@= Signature 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 SULEIMAN AYMAN & MAREN M RODIER E STANLEY C/O OPTIMAL COMPUTERS SUITE C 5670 EL CAMINO REAL CARLSBAD CA 92009 TPD REALTY CORPORATION 2051 PALOMAR AIRPORT ROAD CARLSBAD CA 92009 MCROSKEX FAMILY REVOCABLE TRUST 09-15-82 PO BOX 1243 RANCHO SANTA FE CA 92067 HAYNOR CECELIA TRUST 08-19-93 MCROSKFX DANIEL. A SUITE 213 4540 KEARNY VILLA ROAD SAN DIEGO CA 92123 PT CARLSBAD ASSOCIATES C/O SS-100 GORP 1947 CAMINO VIDA ROBLE CARLSBAD CA 92008 CARLSBAD AIRPORT ONdEXtS ASSOC C/O JOHN H KIWAN SUITE 1505 100 WEST C STREET SAN DIEGO CA 92101