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HomeMy WebLinkAbout2005-04-19; City Council; 18083; Hilton Conference CenterCITY OF CARLSBAD - AGENDA BILL AB# j8.m TITLE: MTG. 4/19/05 CUP 04-21 DEPT. PLN HILTON CONFERENCE CENTER DEPT. HD. CITY ATTY CITY MGRS RECOMMENDED ACTION: That the City Council ADOPT Resolution No. 2005-1 l6 , APPROVING the Conditional Use Permit for the Hilton Conference Center commercial development. Project application(s) Administrative Reviewed by and Approvals Final at Planning Commission To be Reviewed - Final at Council Conditional Use Permit Site Development Plan Amendment Coastal Development Permit Amendment On March 16, 2005, the Planning Commission conducted a public hearing and voted (7-0) to approve the Site Development Plan Amendment and Coastal Development Permit Amendment and recommend approval of the Conditional Use Permit for the Hilton Conference Center commercial development. The project site is located in the CommercialNisitor-Serving Overlay Zone, necessitating review of the Conditional Use Permit by the City Council. X X X The proposed development involves construction of a 6,000 square foot conference center building adjacent to the Hilton Garden Inn located at the southeast corner of the intersection of Carlsbad Boulevard and Palomar Airport Road. The building would be located in the northern portion of the site, within the existing parking lot. Some minor adjustments to the existing parking area would be needed to accommodate the conference facility. The architecture and materials of the one-story building would match the existing center. There was no public testimony regarding the proposed commercial development at the Planning Commission hearing. The proposal is consistent with the City’s General Plan, Zoning Ordinance, and Growth Management Program. Therefore, staff and the Planning Commission recommend approval of the Hilton Garden Inn commercial development. ENVIRONMENTAL: The proposed 6,000 square foot conference center building represents the new construction of a small structure within an urbanized area zoned for commercial uses. Therefore, the project is exempt from further environmental documentation pursuant to Section 15303(c) - New Construction or Conversion of Small Structures - of the State CEQA Guidelines. A Notice of Exemption will be filed upon final project determination. FISCAL IMPACT: The fiscal impacts to the City are negligible since all development fees will be collected at time of grading and building permit issuance. All public facilities necessary to serve the development will be in place prior to, or concurrent with, development. PAGE 2 OF AGENDA BILL NO. 18,083 Facilities Zone Local Facilities Management Plan Growth Control Point Net Density Special Facility Fee GROWTH MANAGEMENT STATUS: 22 22 NIA NIA None EXHIBITS: 1. City Council Resolution No. 2005-1 16 2. Location Map 3. 4. 5. Planning Commission Resolution No. 5853 Planning Commission Staff Report, dated March 16,2005 Draft Excerpt of Planning Commission Minutes, dated March 16, 2005. DEPARTMENT CONTACT: Michael Grim, (760) 602-4623, mgrim@ci.carlsbad.ca.us 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 RESOLUTION NO. *0°5116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE HILTON CONFERENCE CENTER COMMERCIAL DEVELOPMENT LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF CARLSBAD BOULEVARD AND PALOMAR AIRPORT ROAD, IN THE SOUTHWEST QUADRANT. CASE NAME: HILTON CONFERENCE CENTER CASE NO.: CUP 04-21 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on March 16, 2005, hold a duly noticed public hearing as prescribed by law to consider a Conditional Use Permit; and WHEREAS, the City Council of the City of Carlsbad, on the 19th day of April , 2005, held a duly noticed public hearing to consider a Conditional Use Permit, and at that time received recommendations, objections, protests, comments of all persons interested in or opposed to CUP 04-21; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the City Council approves Conditional Use Permit CUP 04-21 and that the findings and conditions of the Planning Commission as set forth in Planning Commission Resolution No. 5853, on file with the City Clerk and made a part hereof by reference, are the findings and conditions of the City Council. 3. That the application for a Conditional Use Permit for a 6,000 square foot conference center building on property located at the southeast corner of the intersection of Carlsbad Boulevard and Palomar Airport Road, is approved as shown in Planning Commission Resolution No. 5853. 4. This action is final the date this resolution is adopted by the City Council. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, “Time Limits for Judicial Review” shall apply: “NOTICE TO APPLICANT” The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the nineteenth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the deposit in an amount sufficient to cover the estimated cost or preparation of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008.”. . .. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 19th day of April , 2005, by the following vote, to wit: AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ATTEST: (SEAL) -2- EXHIBIT 2 SITE HILTON CONFERENCE CENTER CUP 04-21 5 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 EXHIBIT 3 PLANNING COMMISSION RESOLUTION NO. 5853 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW AN APPROXIMATELY 6,000 SQUARE FOOT CONFERENCE CENTER BUILDING AT THE EXISTING HILTON GARDEN INN ON PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF PALOMAR AIRPORT ROAD AND CARLSBAD BOULEVARD IN LOCAL FACILITIES MANAGEMENT ZONE 22. CASE NAME: HILTON CONFERENCE CENTER CASE NO.: CUP 04-21 WHEREAS, Wave Crest Resort, LLC, “De~eloper/Owner,~~ has filed a verified appfication with the City of Carlsbad regarding property described as A portion of Lot “H” of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to partition map thereof no. 832, filed in the Office of the County Recorder of San Diego County, November 16,1896 (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit as shown on Exhibits “A” - “H” dated March 16, 2005, on file in the Planning Department, HILTON CONFERENCE CENTER, as provided by Chapter 21.42 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 16th day of March 2005, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the CUP. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 6 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 B) That based on the evidence presented at the public hearing, the Commission CUP 04-21, based on the following findings and subject to the following conditions: RECOMMENDS APPROVAL of HILTON CONFERENCE CENTER - Findings: 1. 2. 3. 4. 5. 6. 7. That the requested use is necessary or desirable for the development of the community, is essentially in harmony with the various elements and objectives of the General Plan, and is not detrimental to existing uses specifically permitted in the zone in which the proposed use is located, in that the proposed conference center provides needed meeting space for hotel guests and other groups; is consistent with the Travel- Recreational Commercial land use designation; additional parking is provided for the conference center building; parking lot circulation and fire safety apparatus would meet City Standards; and the proposed architecture matches the existing hotel building. That the site for the intended use is adequate in size and shape to accommodate the use, in that the proposed structure and parking area fit within the project site without the need for variances to zoning or Engineering standards. That all the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that it meets all applicable setbacks; and perimeter landscaping will be provided around the proposed building. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the project site is served by Carlsbad Boulevard, a major arterial, which can accommodate the approximately 120 additional average daily trips generated by the proposed use. That the proposed project is adequately designed to accommodate the high percentage of visitor, tourist and shuttle budalternative transportation users anticipated given the proposed use and site location within the overlay zone in that the parking lot circulation allows for traffic flow around the proposed conference center building and the site is accessed directly off of Carlsbad Boulevard through a signalized access. That the building forms, building colors and building materials combine to provide an architectural style of development that will add to the objective of high quality architecture and building design within the overlay zone, in that the proposed Contemporary Southwest architectural style matches the style of the existing Hilton Garden Inn. That the project complies with all development and design criteria of the overlay zone, in that the proposed building is setback over 60 feet from the Carlsbad Boulevard right-of-way and the proposed parking supply meets the requirements of .the Parking Ordinance. PC RES0 NO. 5853 7 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 a15 16 17 18 19 20 21 22 23 24 25 26 27 28 8. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City’s General Plan, based on the facts set forth in the staff report dated March 16,2005 including, but not limited to the following: The proposed conference center, as an ancillary use to the existing resort hote1,is consistent with the TraveVRecreational Commercial land use designation; The proposed parking lot provides all parking supply required by the Zoning Ordinance and includes landscaping and enhanced paving treatment; The proposed structure must comply with all applicable building codes, including the seismic standards of the UBC and State building requirements. 9. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 22 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, ~ a. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to issuance of building permit. 10. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the McClellan-Palomar Airport, dated April 1994, in that the project is located outside of the Flight Activity Zone and, therefore, no restrictions on uses due to flight activity exist. The project is compatible with the projected noise levels of the CLUP; and, based on the noise/land use compatibility matrix of the CLUP, the proposed land use is compatible with the airport, in that the project is located within the 60 dBA CNEL noise contour, which allows hotels and auditoriums provided that the indoor noise levels does not exceed 45 dBA CNEL. 11. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). 12. That the Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15303 - New Construction of Small Structures of the state CEQA Guidelines. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 8 PC RES0 NO. 5853 -3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 *15 16 17 18 19 20 21 22 23 24 25 26 27 28 13. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: 1. 2. 3. 4. 5. Unless otherwise specified herein, all conditions shall be satisfied prior to grading or building permit. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this Conditional Use Permit. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Conditional Use Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different fiom this approval, shall require an amendment to this approval. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, fiom and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly, from (a) City’s approval and issuance of this Conditional Use Permit, (b) City’s approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, and (c) Developer/Operator’s installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising fiom the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City’s approval is not validated. 9 PC RES0 NO. 5853 -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 6. 7. 8. 9. 10. 11. 12. 13. Developer shall submit to Planning Department a reproducible 24’’ x 36’’ mylar copy of the Site Plan reflecting the conditions approved by the final decision making body. - Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the School District that this project has satisfied its obligation to provide school facilities. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 22 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. This Conditional Use Permit shall be reviewed by the Planning Director annually to determine if all conditions of this permit have been met and that the use does not have a substantial negative effect on surrounding properties or the public health and welfare. If the Planning Director determines that the use has such substantial negative effects, the Planning Director shall recommend that the Planning Commission, after providing the permittee the opportunity to be heard, add additional conditions to reduce or eliminate the substantial negative effects. This Conditional Use Permit is granted for a period of ten (10) years from March 16, 2005 to March 15,2015. This permit may be revoked at any time after a public hearing, if it is found that the use has a substantial detrimental effect on surrounding land uses and the public’s health and welfare, or the conditions imposed herein have not been met. This permit may be extended for a reasonable period of time not to exceed ten (10) years upon written application of the permittee made no less than 90 days prior to the expiration date. The Planning Commission may not grant such extension, unless it finds that there are no substantial negative effects on surrounding land uses or the public’s health and welfare. If a substantial negative effect on surrounding land uses or the public’s health and welfare is found, the extension shall be denied or granted with conditions which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the Planning Commission may grant. This approval is granted subject to the approval of SDP 97-19(A) and CDP 97-40(A) and is subject to all conditions contained in Planning Commission Resolutions No. 5854 and 5855 for those other approvals incorporated herein by reference. All construction activities shall be planned so that grading will occur in units that can be easily completed within the summer construction season. All grading operations shall be limited to April 1 to October 1 of each year. All areas disturbed by grading shall be planted within 60 days of initial disturbance and prior to October 1 with temporary or permanent (in the case of finished slopes) erosion control methods. The October 1 grading season deadline may be extended with the approval of the City Engineer subject /O PC RES0 NO. 5853 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 415 16 17 18 19 20 21 22 23 24 25 26 27 28 14. 15. 16. 17. 18. 19. to implementation by October 1 of erosion control measures designed to prohibit discharge of sediments offsite during and after the grading operation- is completed. Extensions beyond November 15 may be allowed in areas of very low risk of impact to sensitive coastal resources and may be approved either as part of the original coastal development permit or as a formal amendment to an existing coastal development permit. Developer is aware that the City is preparing a non-residential housing impact fee (linkage fee) consistent with Program 4.1 of the Housing Element. The applicant is further aware that the City may determine that certain non-residential projects may have to pay a linkage fee, in order to be found consistent with the Housing Element of the General Plan. If a linkage fee is established by City Council ordinance and/or resolution and this project becomes subject to a linkage fee pursuant to said ordinance and/or resolution, then the Developer, or his/her/their successor(s) in interest shall pay the linkage fee. The linkage fee shall be paid at the time of issuance of building permits, except for projects involving a request for a non-residential planned development for an existing development, in which case, the fee shall be paid on approval of the final map, parcel map or certificate of compliance, required to process the non-residential PUD, whichever pertains. If linkage fees are required for this project, and they are not paid, this project will not be consistent with the General Plan and approval for this project will become null and void. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the project’s building, improvement, and grading plans. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. Developer shall report, in writing, to the Planning Director within 30 days, any address change from that which is shown on the permit application. Prior to the issuance of the grading or building permit, whichever occurs first, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Conditional Use Permit, Site Development Plan Amendment and Coastal Development Permit Amendment by Resolutions No. 5853, 5854 and 5855 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The /I PC RES0 NO. 5853 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 a15 16 17 18 19 20 21 22 23 24 25 26 27 28 Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 20. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and the Planning Director of an Outdoor Storage Plan, and thereafter comply with the approved plan. Engineering: NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed tentative map, must be met prior to approval of a building or grading permit whichever occurs first. 21, 22 I 23. 24. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a grading permit for this project is required. Developer shall apply for and obtain a grading permit from the City Engineer prior to issuance of a building permit for the project. Developer shall cause Owner to make an offer of dedication to the City and/or other appropriate entities for the public water easement shown on the site plan. The offer shall be made by a separate recorded document. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a “Storm Water Management Plan (SWMP).” The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter said pollutants from storm water, to the maximum extent practicable, for the post-construction stage of the project. At a minimum, the SWMP shall: a. b. c. identify existing and post-development on-site pollutants-of-concern; identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way; establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to employee education on the proper procedures for handling clean up and disposal of pollutants; ensure long-term maintenance of all post construct BMPs in perpetuity; and d. e. /a PC RES0 NO. 5853 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 a15 16 17 18 19 20 21 22 23 24 25 26 27 28 25. 26. 27. 28. 29. 30. 31. 32. - Fire: 33. ... ... f. identify how post-development runoff rates and velocities from the site will not exceed the pre-development runoff rates and velocities to the maximum extent practicable. Prior to approval of improvement plans, Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants; if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. Developer shall pay the San Diego County Water Authority capacity charge(s) prior to issuance of Building Permits. The Developer shall prepare a colored recycled water use map and submit this map to the Planning Department for processing and approval by the District Engineer. The Developer shall design landscape and irrigation plans utilizing recycled water as a source. Said plans shall be submitted to the satisfaction of the District Engineer. The Developer shall install water services and meters at a location approved by the District Engineer. The locations of said services shall be reflected on either new public improvement plans or as a revision to improvement plans shown on DWG 365-7C3, on file with the City. The developer shall secure said improvements with appropriate security as provided by law. The Developer shall install sewer laterals and clean-outs at a location approved by the District Engineer. The locations of sewer laterals shall be reflected on either new public improvement plans or as a revision to improvement plans shown on DWG 365-7C, on file with the City. The Developer shall design, and construct public water, sewer, and recycled water facilities substantially as shown on the site plan to the satisfaction of the District Engineer. Proposed public facilities shall be reflected on public improvement plans. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the District Engineer has determined that adequate water and sewer facilities are available at the time of occupancy. A fire hydrant must be installed within 90 feet of the Detector Check Valve assembly. PC RES0 NO. 5853 -8- 13 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 NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” - You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 16th day of March 2005 by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery and Whitton NOES: ABSENT: CARLSBAD PLANNING COMMISSION ATTEST: n DON NEU Assistant Planning Director -9- 14 PC RES0 NO. 5853 The City of Carlsbad Planning Department EXHIBIT 4 A REPORT TO THE PLANNING COMMISSION P.C. AGENDA OF: March 16,2005 Application complete date: December 6,2004 Project Planner: Michael Grim Project Engineer: David Rick SUBJECT: CUP 04-21/SDP 97-191AYCDP 97-401A) - HILTON CONFERENCE CENTER - Request for a Conditional Use Permit, Site Development Plan Amendment and Coastal Development Permit Amendment to allow the construction of an approximately 6,000 square foot one-story conference center building at the existing Hilton Garden Inn, on property generally located at the southeast corner of Carlsbad Boulevard and Palomar Airport Road, in Local Facilities Management Zone 22. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 5853, RECOMMENDING APPROVAL of Conditional Use Permit CUP 04-21, and ADOPT Planning Commission Resolutions No. 5854 and 5855, APPROVING Site Development Plan Amendment SDP 97-19(A) and Coastal Development Permit Amendment CDP 97-40(A), based upon the findings and subject to the conditions contained therein. 11. INTRODUCTION The proposal involves the construction and operation of an approximately 6,000 square foot conference center at the Hilton Garden Inn at Carlsbad Boulevard and Palomar Airport Road. The proposed one-story building would be located in the northern portion of the existing parking area, approximately 60 feet fkom the hotel. The project would also include slight modifications to the parking area to accommodate the proposed building. A Conditional Use Permit (CUP) is required due to the site’s location within the CommerciaWisitor-Serving Overlay Zone. Amendments to the hotel’s Site Development Plan (SDP) and Coastal Development Permits (CDP) are also required to allow the proposed conference center building. The project complies with all applicable regulations and staff has no issues with the proposal. 111. PROJECT DESCRIPTION AND BACKGROUND Wave Crest Resorts, L.L.C. is requesting approval of a CUP, SDP Amendment and CDP Amendment to allow the construction and operation of a conference center at the Hilton Garden Inn site. The proposed one-story, approximately 6,000 square foot building would be located within the existing parking area, in the northern portion of the property, approximately 60 feet from the existing three-story hotel building. The project site is designated TraveLRecreational Commercial (T-R) in the City’s General Plan and zoned Commercial-Tourist with a Qualified Development Overlay Zone (C-T-Q). The site is within the City’s Coastal Zone, as well as the CommerciaWisitor-Serving Overlay Zone. The 4.78-acre site is bound by Palomar Airport CUP 04-21/SDP 97-19(A)/CDP 97-40(A) - HILTON CONFERENCE CENTER March 16,2005 Road to the north, Carlsbad Boulevard to the west, the Northern San Diego Railroad to the east, - - and the Solamar Mobile Home Park to the south. The Hilton Garden Inn was approved by the City Council through Site Development Plan SDP 97-19 and Coastal Development Permit CDP 97-40 in February 1998. At that time, the site was covered by Urgency Ordinance NS 424, a precursor to the CommerciaWisitor Serving Overlay Zone. That ordinance required all commercial projects to be reviewed by the City Council. Since inception of the Overlay Zone, the Conditional Use Permit serves as the vehicle for Council review. The project was constructed in late 1999 and occupied in early 2000. A large part of the northern portion of the site was left vacant to accommodate the future realignment of the Palomar Airport Road and Carlsbad Boulevard intersection. The site currently contains a three-story, 162-room hotel, with associated parking, circulation, and landscaping. A pedestrian path is developed along the western frontage to assist in pedestrian circulation from the existing bus stop on Carlsbad Boulevard to the sidewalk system on Palomar Airport Road. The site is accessed via a signalized intersection at Solamar Drive and Carlsbad Boulevard; this access point is shared with the Solamar Mobile Home Park. The proposed development would entail the placement of a one-story, approximately 6,000 square foot conference center in the northern portion of the existing parking lot. As shown on Exhibit “C,” dated March 16, 2005, the building would be placed within an existing parking island and would necessitate the restriping of portions of the parking lot. The building would be surrounded by landscaping and would include enhanced paving as an entry treatment, linking the conference center to the existing hotel pedestrian path system. As shown on Exhibits “D” and “E,” the building would include approximately 4,000 square feet of meeting space, with a pre- function area, storage areas, and restrooms. The architecture would match the hotel’s Contemporary Southwest style, with clay tile roof materials, stucco finish, and arched entryways. The building would measure a maximum of just less than 23 feet from existing grade to the peak of the roof and would include several roof planes and roof heights. - The Hilton Conference Center proposal is subject to the following regulations: A. General Plan; B. Local Coastal Program; C. D. E. F. G. C-T-Q - Commercial-Tourist Zone with a Qualified Development Overlay Zone (Chapters 2 1.06 and 21.29 of the Zoning Ordinance); CommerciaWisitor-Serving Overlay Zone (Chapter 21.208 of the Zoning Ordinance); Conditional Use Ordinance (Chapter 21.42 of the Zoning Ordinance); McClellan-Palomar Axport Comprehensive Land Use Plan; and Growth Management Ordinance (Chapter 21.90 of the Zoning Ordinance). IV. ANALYSIS The recommendation of approval of this project was developed by analyzing the project’s consistency with the applicable policies and regulations listed above. The following analysis section discusses compliance with each of these regulations/policies utilizing both text and tables. ( CUP 04-2 1/SDP 97- 19(A)/CDP 97-40(A) - HILTON CONFERENCE CENTER March 16,2005 Objective, or Program Site is designated for Travel and Recreational (T-R) commercial uses. - A. General Plan Improvements The proposed conference center, as an ancillary use to the existing resort hotel, is consistent with the T-R land use desirnation. The Hilton Conference Center project is consistent with the applicable policies and programs of the General Plan. Particularly relevant to the conference center building proposal are the Land Use, Circulation, and Public Safety Elements. Table 1 below indicates how the project complies with these particular elements of the General Plan. . - Provide safe, adequate, and attractively landscaped parking areas. Design all structures in accordance with the seismic design standards of the UBC and State building requirements. TABLE'1- GENERAL PLAN COMPLIANCE Element The proposed parking lot provides all parking supply required by the Zoning Ordinance and includes landscaping and enhanced paving treatment. The proposed structure must comply with all applicable building codes, including the seismic standards of the UBC and State building requirements. 1 LandUse Use Classification, Goal, I Proposed Use and Compliance Yes Yes Yes Given the above, the Hilton Conference Center proposal is consistent with the applicable portions of the General Plan. B. Local Coastal Program The Hilton Conference Center site lies within the Mello I1 segment of the City's Coastal Zone and is subject to the corresponding land use policies and implementing ordinances. This section addresses only conformance with the Land Use Plan since implementing ordinance conformance is addressed in Sections C, D and E below. The policies of the Mello II segment emphasize topics such as preservation of agricultural and scenic resources, protection of environmentally sensitive resources, provision of shoreline access, and prevention of geologic instability and erosion. The land uses allowed through the Local Coastal Program (LCP) segments are the same as those allowed through the General Plan, therefore the proposed conference center use is consistent with the LCP. There are no agricultural lands or significant environmental resources on the site. Given the grade difference between Palomar Airport Road and the proposed project site, no public views of the ocean would be impaired with the proposed one-story structure. The existing pedestrian circulation on the property's frontages with Palomar Airport Road and Carlsbad CUP 04-21/SDP 97-1 9(A)/CDP 97-40(A) - HILTON CONFERENCE CENTER March 16,2005 Boulevard, as well as the signalized pedestrian crossing at Solamar Drive, provide su€ficient access to the coastal resources west of Carlsbad Boulevard. There are no naturally occurring steep slopes on the property. All grading will conform to the City of Carlsbad Grading Ordinance and the City’s National Pollutant Discharge Elimination System (”DES) Permit, therefore, no erosion issues exist. Given the above, the Hilton Conference Cater proposal is consistent with the Mello 11 segment of the Local Coastal Program. - . - C. Commercial-Tourist Zone with a Qualified Development Overlay The Hilton Conference Center is zoned C-T-Q and is therefore subject to the provisions of Chapters 21.06 and 21.29 of the Zoning Ordinance. Chapter 21.06 contains the findings necessary to approve a Site Development Plan, which are contained in Planning Commission Resolution No. 5854. These findings are very similar to the findings required for a Conditional Use Permit and are discussed in more detail in Section E below. The Commercial-Tourist (C-T) zone contains use allowances and development standards that apply to the proposed conference center building. The zone allows tourist-serving uses such as hotels. Since meeting rooms and banquet halls are normal components of hotels, as evidenced by the meeting and function space in the existing Hilton Garden Inn, the proposed conference center is consistent with the C-T use allowances. With regard to development standards, the C-T zone controls only building height and placement of buildings adjacent to residential zones. The maximum building height in the C-T zone is 35 feet, measured from existing grade to the peak of the roof, with some allowance for height protrusions and increased height with increased setbacks from property lines. The proposed building would measure a maximum of 23 feet. As described above, the project site is adjacent to the Solamar Mobile Home Park, which is zoned Residential Mobile Home Park (RM”). The C-T zone requires that any development adjacent to a residentially zoned property be setback at least 10 feet from the common property line. As shown on Exhibit “C,” dated March 16,2005, the proposed conference center is located on the northern portion of the property, approximately 450 feet from the Solamar Mobile Home Park, therefore the setback from residentially zoned properties is not an issue. Given the above, the Hilton Conference Center is consistent with the C-T-Q underlying zoning. D. CommerciaVVisitor-Serving Overlay Zone The Hilton Conference Center site is located within the CommerciaWisitor-Serving Overlay Zone and is therefore subject to the provisions contained in Chapter 21.208 of the Zoning Ordinance. The Overlay zone contains regulations regarding the allowed uses, development standards, and architectural styles. With the exception of stand-alone liquor stores, outdoor storage, temporary display and sales, and incidental outdoor dining areas, all uses allowed in the underlying zone are allowed in the Overlay zone. Therefore, the proposed conference center is an allowed use in the Overlay zone. The development standards address building setbacks, signage, and parlung. The Overlay zone requires a minimum street setback of 30 feet, a minimum of 20 feet of which must be landscaped. The proposed conference center structure is setback over 60 feet from Carlsbad Boulevard. All signage for the proposed project will be reviewed under a separate permit and, therefore, is not discussed in this report. The architectural styles allowed by the Overlay zone l8 CUP 04-21/SDP 97-19(A)/CDP 97-40(A) - HILTON CONFERENCE CENTER March 16,2005 Page 5 include Conterfiporary Southwest, with Spanisldmission style clay roof tiles on rectangular buildings with stucco walls and arches. This architectural theme is already the theme for the Hilton Garden Inn building and the proposed conference center building fits within that theme. - With regard to parking, the CommerciaWisitor-Serving Overlay Zone contains parking standards for shopping center retail, restaurant, and gas station uses. For all other uses not listed in the ordinance, it refers to the Parking Ordinance. The Overlay Zone is also silent with regard to the use of Common Facilities parking, as contained in Section 21.44.050(a)(5) of the Parking Ordinance. When two or more uses are to use the same parking facility, and that parking facility measures 5,000 square feet or more in area, then the parking requirements can be reduced by up to 15 percent. Since hotel guests will likely use the conference center, a common facility parking reduction is reasonable to apply. According to the Parking Ordinance, places for public assembly require one space per 100 square feet of meeting area. Storage areas are parked at a ratio of one space per 1,000 square feet of gross floor area. The parking required for the existing 162-room hotel with food service and meeting areas is 230 spaces. The proposed conference center building would require 33 spaces; bringing the total parking required up to 263 spaces. By applying the Common Facilities parking reduction, the total required parking reaches 224 spaces. According to the tabular information and site plan on Exhibits “A” and “C,” dated March 16, 2005, the proposed parking lot layout would provide 226 spaces. Therefore, although there is a net loss of nine existing parking spaces, the Hilton Conference Center proposal still meets the requirements of the CommerciaWisitor-Serving Zone and Parking Ordinance. E. Conditional Use Ordinance According to Section 2 1.208.050, commercialhisitor-serving uses within the CommerciaWisitor-Serving Overlay Zone require the approval of a Conditional Use Permit (CUP). Four findings must be made in order to approve a CUP. These findings, elaborated in Planning Commission Resolution No. 5853, deal mostly with the project’s consistency with the General Plan, desirability for the community, and compatibility with its site and surroundings. The proposed conference center is desirable for the community in that it provides meeting space for hotel guests and other groups. The proposed structure would be set back from Palomar Airport Road and Carlsbad Boulevard in excess of that required by the underlying zoning and would be surrounded by landscaping. The proposed conference center use is similar to the meeting room and social function uses within the existing hotel therefore there are no issues of compatibility of the uses with the surroundings. All proposed improvements can fit on the site without the need for significant modifications to the original site plan and the proposed structure would meet all applicable development standards. Given the above, the Hilton Conference Center proposal is consistent with the Conditional Use Ordinance. F. McClellan-Palomar Airport Comprehensive Land Use Plan The project site is located within the mort Influence Area of the McClellan-Palomar Airport and is therefore subject to the provisions of the Comprehensive Land Use Plan (CLUP) for that airport. The CLUP contains regulations regarding land uses in proximity of the airport to ensure that occupants are not subject to excessive noise or aircraft operation hazards. To identify areas CUP 04-21ISDP 97-19(A)/CDP 97-40(A) - HILTON CONFERENCE CENTER March 16,2005 Standard City Administration Library Waste Water Treatment Parks of excessive noise, the CLUP contains aircraft noise contours, in community noise equivalent levels (CNEL), that range from 60 dBA CNEL to over 75 dBA CNEL. A compatibility matrix lists which land uses are not appropriate for particular noise levels. To identify areas of aircraft operations hazards, the CLUP maps the Flight Activity Zone and Runway Protection Zones of . the airport and limits these areas to low intensity uses. . - - ImpactsBtandards Compliance NIA NIA NIA NIA 3.33 EDU Yes NIA NIA The Hilton Conference Center site is located within the 60 - 65 &A CNEL aircraft noise contour level. Hotel and meeting room uses are allowed within this noise contour provided that interior noise levels are limited to a maximum of 45 dBA CNEL. This same requirement is contained in the California Building Code for hotel occupancies, therefore no additional conditions or mitigation measures are necessary. The project site is not located within the Flight Activity Zone or Runway Protection Zones, therefore no adjustments are needed for safety from aircraft operations. Given the above, the proposed Hilton Conference Center project is consistent with the CLUP for the McClellan-Palomar Anport. Drainage Circulation Fire Open Space G. GroWh Management Ordinance PLDA C Yes 120 ADT Yes Station No. 4 Yes NIA NIA The Hilton Conference Center is a non-residential project, therefore many of the Growth Management performance standards do not apply. Table 2 below details the project’s compliance with those applicable standards. Schools Water TABLE 2 - GROWTH MANAGEMENT COMPLIANCE NIA NIA 732.6 GPD Yes The Hilton Conference Center site is located within Local Facilities Management Zone 22. No special development requirements, such as roadway construction or other infrastructure requirements, apply to this project. The Local Facilities Management Plan (LFMP) does require that all facilities and services necessary to serve the project be in place concurrent with, or prior to, need. The proposed conference center building will be served by existing facilities on-site and in the adjacent public rights-of-way. Given the above, the Hilton Conference Center project is consistent with the Growth Management Ordinance. i CUP 04-21/SDP 97-1 9(A)/CDP 97-40(A) - HILTON CONFERENCE CENTER March 16,2005 V. ENVIRONMENTAL REVIEW The proposed approximately 6,000 square foot conference center building represents the new construction of a small structure. The building is within an urbanized area and is less than . 10,000 square feet in area. The site is zoned for the proposed tourist-serving commercial use and the project does not include significant amounts of hazardous materials. All public services and facilities needed to serve the use are in place and the surrounding areas are developed and are not environmentally sensitive. Therefore, the project is exempt fkom further environmental documentation pursuant to Section 15303(c) - New Construction or Conversion of Small Structures - of the State CEQA Guidelines. A Notice of Exemption will be filed upon final project determination. - ATTACHMENTS: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Planning Commission Resolution No. 5853 (CUP) Planning Commission Resolution No. 5854 (SDP(A)) Planning Commission Resolution No. 5855 (CDP(A)) Location Map Disclosure Statement Local Facilities Impact Assessment Background Data Sheet Planning Commission Resolution No. 4220 (SDP 97-1 9) Reduced Exhibits Exhibits “A” - “H’ dated March 16,2005 DISCLOSURE STATEMENT disclosure of. certain ownership interests on all applications which will require e part of the City Council or any appointed Board, Commission or Committee. The following informatioil MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this inforn atian is completed. Please print. 1. APPLICANT (Nc : the applicant‘s agent) Provide the persons having a financial interest in the applicatioi . If the applicant includes a coworation or partnership, include the names, title, addresses of alI I idividuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE BELOW. if a puJlicly-ownEtd corporation, indude the names, titles, and addresses of the corporate officers. (A sepa .ate page may be attached if necessary.} PersonBi 11 Canepa Corp/Part Wave Crest Resorts LLC TitlOresidenthretary Title Owner Address829 Second St. #A Address 879 SPr- s+ &A PLETE. LEGAL names and addresses of THAN 10% OF THE SHARES. PLEASE INDICATE NON-APPLICABLE (NIA) IN THE SPACE 2. Encinitas, Ca. 92024 Encinitas, Ca 92024 OWNER (Not the owner’s agent) Provide the ePPLETE, LEGAL names and addresses of persons having any ownership interest in the p-operty involved. Also, provide the nature of the legal ownership (Le, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corDoration ur artnershiE, ifldt.de the names, title, addresses of all individuals owning more than 10% of the :hares. IF NO IIJDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICAB ,E (WAS IN THE SPACE BELOW. If a publiclv-owned cormration, include the names, tittes, aid addresses of the corporate officers. (A separate page may be attached if necessary.) CorpiPart Tide Address 1635 Fereday Avsnvc * Carlsbad. CA 95000-7314 (760) 6024640 FAX (760) 602-8559 w.ci.carlshad.ca.us ’@ Y -"" 3. NON-PROFIT 0 3GANIZATION OR TRUST If any person idcmified pursuant to (1) or (2) above is a nonprofit araanization or a trust, list the names and adrlresses of nNy person serving as an officer or director of the non-profit organization or c' s trustee or beneficiary of the. Non ProfiUTrust_ Non Profitrrrust Title Title Address Address 4. Have you had 'nore than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past helve (12) months? $1 Yes c] No If yes; phase indicate person(s): R i 1 1 - Z 5 n n - n n donated to- Ann Kulchin's re-election campaign NOTE: Attachadditiomd sheets if necessary. Signature of ownerlapp: icant's agent if applicableldate i Print or type name of ov mer/applicant's agent HAOMIMCOUNTER\DISCLOS IRE STATEMENT 5198 Page 2 of 2 Individuals who own more than 10% of Wave Crest Resorts LLC - William La Canepa, President/Secretary 328 SOm Nardo Solana Beach, Ca 92075 Lynn Cm Cannady,-Vice President 30 Valley Drive Orinda, Ca 94563 Jeffrey Chandler, Member 6108 Paseo Delicias Rancho Santa Fe, Ca 92067 Pa Om BOX 1192 CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: Hilton Conference Center - CUP 04-21lSDP 97-19(A)/CDP 97-40(A) LOCAL FACILITY MANAGEMENT ZONE: 22 GENERAL PLAN: T-R ZONING: C-T-Q DEVELOPER'S NAME: Wave Crest Resorts, LLC ADDRESS: 829 2nd Ave, Suite A, Encinitas CA 92024 PHONE NO.: 858-753-2440 ASSESSOR'S PARCEL NO.: 210-100-19 QUANTITY OF LAND USEDEVELOPMENT (AC., SQ. FT., DU): 6,000 sq A ESTIMATED COMPLETION DATE: May 2006 A. B. C. D. E. F. G. H. I. J. K. City Administrative Facilities: Library: Wastewater Treatment Capacity (Calculate with J. Sewer) Park: Demand in Acreage = Drainage: Identify Drainage Basin = Circulation: Demand in ADT = Fire: Open Space: Acreage Provided = Schools: (Demands to be determined by staff) Sewer: Demands in EDU Water: Demand in GPD = Demand in Square Footage = Demand in Square Footage = Served by Fire Station No. = NIA N/A 3.33 N/A PLDA B 120 4 NIA NIA 3.33 732.6 -- BACKGROUND DATA SHEET CASE NO: CUP 04-2 1/SDP 97- 19(A)/CDP 97-40(A) CASE NAME: Hilton Conference Center APPLICANT: Wave Crest Resorts LLC REQUEST AND LOCATION: Request for a Conditional Use Permit, Site Development Plan Amendment and Coastal Development Plan Amendment to allow an approximately 6,000 square foot conference center within the parking area of the existing Hilton Garden Inn at the southeast comer of Palomar Airport Road and Carlsbad Boulevard. LEGAL DESCRIPTION: A portion of Lot “H’ of Rancho Agua - Hedionda, in the Citv of Carlsbad, County of San Diego, State of California. according to partition map thereof no. 832, filed in the Office of the Countv Recorder of San Dieno County, November 16,1896 APN: 210-100-19 Acres: 4.78 Proposed No. of LotsAJnits: N/A GENERAL PLAN AND ZONING Land Use Designation: Travel-Recreational Commercial (T-R) Density Allowed: N/A Density Proposed: N/A Existing Zone: C-T-O Surrounding Zoning, General Plan and Land Use: Proposed Zone: C-T-O Zoning General Plan Site C-T-Q T-R North R-A- 10,000 os South RMHP RMH East T-C TC West 0-S os Current Land Use Hotel Vacant Mobile home park Northern SD Railroad Vacant PUBLIC FACILITIES School District: Carlsbad Unihed Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 3.33 EDU ENVIRONMENTAL IMPACT ASSESSMENT 0 Negative Declaration, issued 0 Certified Environmental Impact Report, dated Other, Notice of Exemption pursuant to Section 15 15303(c) - New Small Structures arb 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 4220 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING 19 TO ALLOW THE CONSTRUCTION AND OPERATION OF A 162 UNIT HOTEL ON PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF CARLSBAD BOULEVARD AND PALOMAR AIRPORT ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 22. CASE NAME: PALOMAR BEACH RESORT APPROVAL OF A SITE DEVELOPMENT PLAN NO. SDP 97- - CASE NO.: SDP 97-19 WHEREAS, Palomar Beach Resort, LLC, “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by Palomar Beach Resort, LLC, “Owner”, described as A portion of Lot “H” of Rancho Aqua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to partition map thereof no. 823, filed in the Office of the County Recorder of San Diego County, November 16,1896 (“the Property”); and WHEREAS, said verified application constitutes a request for a Site Development Plan as shown on Exhibits “A” - “0” dated January 7, 1998, on file in the Planning Department, Site Development Plan SDP 97-19 as provided by Chapter 21.06 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 7th day of January, 1998, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Site Development Plan. WHEREAS, the City Council adopted Urgency Ordinance NS-424 on October 15, 1997, which requires all pending and future commercial projects within the area covered by 227 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 Urgency Ordinance NS-424 and subject to Planning Commission review shall be required to undergo City Council review and approval regardless of current zoning ordinance regulations regarding review and approval of land use entitlements. - NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 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 Planning Commission RECOMMENDS APPROVAL of a Site Development Plan, SDP 97-19 based on the following fmdings and subject to the following conditions: Findinm: 1. 2. 1 2. 4. 5. That the requested use is properly related to the site, surroundings and environmental settings, is consistent with the various elements and objectives of the General Plan, will not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that adequate buffers are provided adjacent to the neighboring residential area, no significant vistas being occluded by the hotel and safe parking and circulation facilities are being provided or are conditioned to be provided. That the site for the intended use is adequate in size and shape to accommodate the use, in that the hotel building, parking, circulation and landscaping can fit within the future size of the site, including all future dedications for Palomar Airport Road and Carlsbad Boulevard. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that the hotel is setback 50 feet or more from the Carlsbad BouJevard travel lanes and 80 feet or more from the adjacent mobile home park, and privacy walls and landscaping buffers are being provided. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the arterials of Carlsbad Boulevard and Palomar Airport Road can accommodate the 1,296 additional average daily traffic trips generated by the project. The Planning Commission of the City of Carlsbad has reviewed, analyzed and considered the Negative Declaration, the environmental impacts therein identified for this project and any comments thereon prior to RECOMMENDING APPROVAL of the project. Based on the EIA Part I1 and comments thereon, the Planning Commission 28 PC RES0 NO. 4220 -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 6. 7. 8. 9. 10. finds that there is no substantial evidence the project will have a significant effect on the environment and thereby RECOMMENDS APPROVAL of the Negative Declaration. The Planning Commission finds that the Negative Declaration reflects the independent judgment of the Planning Commission of the City of Carlsbad. The Planning Commission finds that: - a. the project is a Subsequent Project; b. the project is consistent with the City of Carlsbad General Plan; c. there was an EIR certified in connection with the 1994 update of the City’s General Plan (GPA 94-01MEIR 93-01); PC RES0 NO. 4220 d. the project has no new significant environmental effect not analyzed as significant in the‘Master Environmental Impact Report for the 1994 General Plan Update (MEIR 93-01); none of the circumstances requiring Subsequent or a Supplemental EIR under CEQA Guidelines Sections 15 162 or 15 163 exist; e. The Planning Commission finds that all feasible mitigation measures or project alternatives identified in the Master Environmental Impact Report for the 1994 General Plan Update which are appropriate to this Subsequent Project have been incorporated into this Subsequent Project. The Planning Commission finds that the project, is in conformance with the Elements of the City’s General Plan, based on the following: a. Land Use - the site is designated for TraveVRecreational uses such as hotel. b. Circulation - the project is conditioned to dedicate necessary right-of-way and participate in future street improvements. c. Housing - the project is conditioned to pay, if adopted, a non-residential housing impact fee (linkage fee). d. Public Safety - the project will comply with the Uniform Building Code and State seismic standards. The project is consistent kith the City-Wide Facilities and Improvements Plan, the applicable local facilities management plan and all City public facility policies and ordinances since: -3- 49 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 11. 12. 13. a. The project has been conditioned to ensure the building permits will not be issued for the project unless the District Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the District Engineer is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. b. All necessary public improvements have been provided or are required as conditions of approval. c. The Developer has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 2 1.90 of the Garlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 22. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts cause by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: 1. The Planning Commission does hereby RECOMMEND APPROVAL of the Site Development Plan for the project entitled Palomar Beach Resort (Exhibits “A” - “0“ dated January 7, 1998, on file in the Planning Department and incorporated by this reference, subject to the conditions herein set forth.) Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Site Development Plan documents, as necessary, to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development substantially different from this approval, shall require an amendment to this approval. 2. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 3. The Developer shall provide the City with a reproducible 24” x 36”, mylar copy of the Site Plan as approved by the final decision making body. The Site Plan shall reflect the conditions of approval by the City. The Plan copy shall be submitted to the City PC RES0 NO. 4220 -4- 30 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 4. 5. 6. 7. 8. -9. 10. Engineer and approved prior to building, grading, final map, or improvement plan submittal, whichever occurs first. The Developer shall include, as part of the plans submitted for any permit plan check. a reduced legible version of the approving resolutions on a 24” x 36” blueline drawing. Said blueline drawings shall also include a copy of any applicable Coastal Development Permit and signed approved site plan. Building permits will not be issued for development of the subject property unless the District Engineer determines that sewer facilities are available at the time of application 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 July 28, 1987, (amended July 2, 1991) and as amended from time to time, and any development fees established by the City Council pursuant to Chapter 2 1.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or Facilities and Improvement Plan and to fulfill the subdivider’s agreement to pay the public facilities fee dated December 24,1996, a copy of which is on file with the City Clerk and is incorporated by this reference. If the fees are not paid, this application will not be consistent with the General Plan and approval for this project will be void. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 22 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this residential housing project are challenged this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. Approval of SDP 97-19 is granted subject to the approval of CDP 97-40. SDP 97-19 is subject to all conditions contained in Planning Commission Resolution No. 4221 for CDP 97-40. . Prior to the issuance of the building or grading permit, whichever occurs first, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Site Development Plan by Resolution No. 4220 on the real property owned by the Developer. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice PC RES0 NO. 4220 -5- 31 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 11. 12. 13. 14. 15. 16. 17. 18. ! which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. Trash receptacle areas shall be enclosed by a six-foot high masonry wall -with gates pursuant to City standards. Location of said receptacles shall be approved by the Planning Director. Enclosure shall be of similar colors andor materials to the projectto the satisfaction of the Planning Director. An exterior lighting plan including parking areas shall be submitted for Planning Director approval. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. In such instance a storage plan will be submitted for approval by the Fire Chief and the Planning Director. The Developer shall prepare a detailed landscape and irrigation plan in conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. The plans shall be submitted td’ and approval obtained from the Planning Director prior to the approval of the final map, grading permit, or building permit, whichever occurs first. The Developer shall construct and install all landscaping as shown on the approved plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. The first submittal of detailed landscape and irrigation plans shall be accompanied by the project’s building, improvement, and grading plans. Building identification andor addresses shall be placed on all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast to their background color. The Developer shall provide bus stops to service this development at locations and with reasonable facilities to the satisfaction of the North County Transit District and the Planning Director. Said facilities, if required, shall at a minimum include a bench, free from advertising, and a pole for the bus stop sign. The bench and pole shall be designed to enhance or be consistent with the basic architectural theme of the project. The developer is aware that the City is preparing a non-residential housing impact fee (linkage fee) consistent with Program 4.1 of the Housing Element. The applicant is further aware that the City may determine that certain non-residential projects may have to pay a linkage fee, in order to be found consistent with the Housing Element of the General Plan. If a linkage fee is established by City Council ordinance and/or resolution and this project becomes subject to a linkage fee pursuant to said ordinance and/or resolution, then the Developer, or his/her/their successor(s) in interest shall pay the linkage fee. The linkage fee shall be paid at the time of issuance of building permits, PC RES0 NO. 4220 -6- 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 except for projects involving a request for a non-residential planned development for an existing development, in which case, the fee shall be paid on approval of the final map, parcel map or certificate of compliance, required to process the non-residential PUD, whichever pertains. If linkage fees are required for this project, and they are not paid, this project will not be consistent with the General Plan and approval for this project will - become null and void. Enpineering: Note: 19. 20. 21. 22. 23. 24. Unless specifically stated in the condition, all of the following Engineering conditions must be satisfied prior to the issuance of building permits. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. The developer shall provide for sight distance corridors at the project driveway in accordance with Engineering Standards and the Site Plan and Preliminary Landscape Plan; and, shall record the following statements on the mylar Preliminary Landscape Plan: 1. “Mature vegetation within the site line area of the intersection shall be no greater than 30” in height or have a canopy no less than 8’ in height.” 2. “NO structure, fence, wall, sign, or other object over 30 inches above the street level shall be placed or permitted to encroach within the area identified as a sight distance corridor in accordance with City Standards and the Site Plan and preliminary Landscape Plan. The underlying property owner shall maintain this condition.” The property owner shall pay a one-time special development tax in accordance with City Council Resolution No. 9 1-39. The developer shall pay all current fees and deposits required. The owner of the subject property shall execute an agreement holding the City harmless regarding drainage across the adjacent property. The owner shall enter into a lien contract for the future public improvement of Palomar Airport Road (PAR) and Carlsbad Boulevard along the project frontage for half street improvements to major arterial standards. The developer is not required to improve the PAR bridge and cost estimates for the PAR bridge shall not be included in the future improvement agreement (FIA). Public improvements shall include, but not be limited to, paving, base, sidewalks, curbs and gutter, medians, grading, clearing and grubbing, under-grounding or relocation of utilities, sewer, water, fire hydrants, street lights and retaining walls. PC RES0 NO. 4220 -7- 33 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 25. 26. 27. 28. 29. 30. 31. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a grading permit for this project is required. The developer must subinit and receive approval for grading plans in accordance with City codes and standards. The developer shall submit proof that a Notice of Intention has been submitted to the State Water Resources Control Board. Upon completion of grading, the developer shall ensure that an "as-graded" geologic plan is submitted to the City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a contour map which represents both the pre and post site grading. This plan shall be signed by both the soils engineer and the engineering geologist. The plan shall be prepared on a 24" x 36" mylar or similar drafting film and shall become a permanent record. No grading for private improvements shall occur outside the limits of the project unless a grading or slope easement is obtained from the owners of the affected properties and recorded. If the devebper is unable to obtain the grading or slope easement, no grading permit will be issued. In that case the developer must either mend the site plan or modify the plans so grading will not occur outside the project site in a manner which substantially conforms to the approved site plan as determined by the City Engineer and Planning Director. Additional drainage easements may be required. Drainage structures shall be provided or installed priorto or concurrent with any grading or building permit as may be required by the City Engineer. The developer shall underground all existing overhead utilities within the project boundary. The developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit. The developer shall provide best management practices as referenced in the "California Storm Water Best Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted by the developer and approved by the City Engineer, in accordance with the following: a. Fossil type filters shall be installed at storm drain inletshnverts, as shown on the Site Plan. b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such 34 PC RES0 NO. 4220 -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 chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. c. Best Management Practices shall be used to eliminate or reduce surfact pollutants when planning any changes to the landscaping and surfact improvements. 32. Plans, specifications, and supporting documents for all public improvements shall be prepared to the satisfaction of the City Engineer. In accordance with City Standards, the developer shall install, or agree to install and secure with appropriate security as provided by la-w, improvements shown on the site plan, as follows: a. Widen and improve northbound Carlsbad Boulevard from approximately 435’ south of the project entrance to the project entrance, as follows: 0 One (1) exclusive northbound left turn lane; two (2) exclusive northbound through lanes; one (1) 8’ bicyclehus stop lane; approximately 150’ of concrete curb & gutter and sidewalk beginning south of the “begin” curb return (BC); one (1) curb return with handicap ramp (also install the curb return and handicap ramp on the north side of the intersection); raised landscaped median. b. Widen and improve southbound Carlsbad Boulevard from approximately 315’ north of the project entrance to the project entrance, as follows: 0 0 Grind existing gore striping and re-paint gore striping for the -existing northbound Carlsbad Boulevard ramp to PAR. Construct a fully actuated traffic signal, with interconnect capabilities for the future realigned PAWCarlsbad Boulevard intersection. The traffic signal shall be constructed in the ultimate location for the future realignment of Carlsbad Boulevard. Construct new Solamar Mobile Home Estates entrance as shown on the Site Plan and in accordance with private agreement between the developer and Solamar Homeowner’s Association, dated October 6, 1997. Submit signing, striping and traffic control plans as part of the improvement drawing plan set. One (1) exclusive southbound left turn lane; two (2) exclusive southbound through lanes. c. d. e. f. PC RES0 NO. 4220 -9- 33- 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 33. 34. 35. 36. 37. 38. Improvements listed above shall be constructed within 18 months of approval of the secured improvement agreement or such other time as provided in said agreement. . To Construct the project, the developer must acquire fee title propertjf from the City along the project’s Carlsbad Boulevard property frontage. Additionally, the City may have to acquire right of way for the future realignment of PaIomar Airport Road, along the project’s northerly property frontage. To facilitate both the developers needs and the City’s potential needs, the project is contingent upon developer entering into an agreement with the City for a land exchange. Developer shall pay the City cash for the value of any land developer receives in excess of an even trade. Developer shall prepare the draft agreement, which shall be reviewed by the Public Works Director/City Engineer, City Attorney and Finance Director. The final agreement shall be submitted to the City Council. If the agreement is not approved by the City Council and the land exchange is not completed, the project cannot be constructed as designed and all approvals shall become null and void. Any engineering, surveying, legal and financial work that must be conducted to prepare the agreement, shall be completed solely by the developer, including all costs for the preparation of the agreement itself. The developer shall maintain all off-site landscaping that is installed as shown on the project’s preliminary Landscape Plan, in perpetuity. The developer shall grant a temporary construction/slope easement to the City for the future construction of the slopes required for the realignment of PAR (including the bridge widening) and Carlsbad Boulevard. The developer shall grant a temporary construction access easement to the City, from the project’s entrance to the project’s northerly parking area, for the future construction of the slopes required for the realignment of PAR (including the bridge widening) and Carlsbad Boulevard. The developer shall grant a temporary construction/staging area easement to the City, within the project’s northerly parking area, for the future construction of the slopes required for the realignment of PAR (including the bridge widening) and Carlsbad Boulevard. The developer shall design, construct and maintain an all weather access road from Carlsbad Boulevard to the Solamar Mobile Home Park, to the satisfaction of the City Engineer, during construction of the project. Fire Conditions: 39. Prior to issuance of building permits, the Fire Department shall evaluate building plans for conformance with applicable fire and safety requirements of the state and local Fire codes. PC RES0 NO. 4220 -10- 36 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 40. 41. 42. 43. 44. 45. 46. 47. 48. Additional on-site public water mains and hydrants are required. The applicant shall submit a site plan to the Fire Department for approval, which depicts the location of required, proposed and existing public water mains and fire hydrants. The plan should include off-site fire hydrants within 200 feet of the project. The applicant shall submit a site plan depicting emergency access routes, driveways and traffic circulation for Fire Department approval. An all weather, unobstructed access road suitable for emergency service vehicles shall be provided and maintained during construction. When in the opinion of the Fire Chief. the access road has become unserviceable due to inclement weather or other reasons, he may. in the interest of public safety, require that construction operations cease until the condition is corrected, All required water mains, fire hydrants and appurtenances shall be operational before combustible building materials are located on the construction site. Prior to final inspectian, all security gate systems controlling vehicular access shall be equipped with a “K~ox”, key operated emergency entry device. The applicant shall contact the Fire Prevention Bureau for specifications and approvals prior to installation. Prior to building occupancy, private roads and driveways which serve as required access for emergency service vehicles, shall be posted as fire lanes in accordance with the requirements of section 17.04.020 of the Carlsbad Municipal Code. All buildings having an aggregate floor area in excess of 10,000 square feet must be protected by automatic fire sprinkler systems. Plans and specifications must be approved by the Fire Department and a permit obtained prior to installation. The applicant shall provide a street map which conforrns to the following requirements: A 400 scale photo-reduction mylar, depicting proposed improvements and at least two existing intersections or streets. The map shall also clearly depict street centerlines, hydrant locations and street names. Water District Conditions: 49. The entire potable water system, reclaimed water system and sewer system shall be evaluated in detail to ensure that adequate capacity, pressure and flow demands can be met. The Developer shall be responsible for all fees, deposits and charges which will be collected before and/or at the time of issuance of the building permit. The San Diego County Water Authority capacity charge will be collected at issuance of application for meter installation. 50. 5 1. Sequentially, the Developer’s Engineer shall do the following: PC RES0 NO. 4220 -1 1- 33 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 a. Meet with the City Fire Marshal and establish the fire protection requirements. Also obtain G.P.M. demand for domestic and inigational needs from appropriate parties. b. Prepare a colored reclaimed water use area map and submit to the Planning Department for processing and approval. - c. Prior to the preparation of sewer, water and reclaimed water improvement plans, a meeting must be scheduled with the District Engineer for review, comment and approval of the preliminary system layouts and usages (Le. - G.P.M. - E.D.U.) 52. This project is approved upon the expressed condition that building permits will not be issued for development of the subject property unless the water district serving the development determines that adequate water service and sewer facilities are available. at the time of application for such water service and sewer permits will continue to be available until time of occupancy. General Conditions: 53. If any of the foregoing conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this Site Development Plan. Code Reminders: 54. The Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 55. This approval- shall become null and void if building permits are not issued for this project within 18 months from the date of project approval. 56. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 57. The project shall comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Building Code. 58. All roof appurtenances, including air conditions, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in PC RES0 NO. 4220 - 12- 35 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 59. 60. 61. substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Comrnunity Development and Planning All landscape and irrigation plans shall be prepared to conform with the-Landscape Manual and submitted per the landscape plan check procedures on file in the Planning - Department. Any signs proposed for this development shall at a minimum be designed in conformance with the City’s Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. The project is subject to all applicable provisions of local ordinances, including but.not limited to the following: a. The developer shall exercise special care during the construction phase of this project to prevent off-site siltation. Planting and erosion control shall be provided in accordance with the Carlsbad Municipal Code and the City Engineer. PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 7th day of January, 1998 , by the following vote, to wit: AYES: Chairperson Noble, Commissioner’s Compas, Heineman, Monroy, Nielsen, Savary, and Welshons NOES: ABSENT: ABSTAIN: BAILEY NOBLE, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J.MLZMLER Planning Director PC RES0 NO. 4220 -13- 39 4 0 E a 25 N I !I el [ P i I e E * I i >-Lw ,.I., .., w- <.?.I . F- ."- 1- .... - 1 ....,. ... .,,. .,........,.. "..,,,.,.. I vw I NVld 311s NOllll0~\130 V 3NllSIX3 9 P J 5 D I e 6 i- f i t B b 0 ,.... 1 NVld 311s a3SOdOUd I P H x lis 43 P c t h 8 f I r 6 9 Planning Commission Minutes March 16,2005 DRAFT Page EXHIBIT 8 5 4. CUP 04-21/SDP 97-19(A)/CDP 97-40(A) - HILTON CONFERENCE CENTER - Request for a Conditional Use Permit, Site Development Plan Amendment and Coastal Development Permit Amendment to allow the construction of an approximately 6,000 square foot one-story conference center building at the existing Hilton Garden Inn, on property generally located at the southeast corner of Carlsbad Boulevard and Palomar Airport Road, in Local Facilities Management Zone 22. Mr. Neu introduced Item 4 and stated Senior Planner Mike Grim would make the Staff presentation. Chairperson Segall opened the public hearing on Item 4. Mr. Grim stated that this project is a request for a Conditional Use Permit, Site Development Plan Amendment and a Coastal Development Permit to allow a Conference Center at the Hilton Garden Inn. The site is located south of Palomar Airport Road, between Carlsbad Boulevard and the San Diego Northern Railroad, just north of the Solamar Mobile Home Estates. The site is designated in the General Plan for TraveVRecreation and Commercial Uses, and designated in the Zoning Ordinance for Commercial Tourist with a Qualified Development Overlay Zone. It is also located within the Commercial Visitor Serving Overlay Zone, and in the Coastal Zone Mello II segment, as well as Local Facilities Management Zone 22. The 4.7-acre site currently contains the Hilton Garden Inn along with some associated parking and landscaping. The project site proposed for the conference center is located in the northern portion of the existing parking area, and surrounded on two sides by roadways. One is by a railroad and north of the Solamar Mobile Home Estates. Mr. Grim gave a brief project history of the Hilton Garden Inn. The hotel was originally approved by City Council in February 1998, built and occupied a few years. It is a three-story, 162 room hotel including parking and landscaping. The project required review and approval by City Council, due to an urgency ordinance in effect, which was a precursor to the Commercial Visitor Serving Overlay Zone. Proposed with these permits is a 6,000 square feet conference facility building, that would have approximately 3,100 square feet of public assembly area. It would be a one-story structure with architecture to match the existing hotel building, including multiple roofs and building planes. To accommodate the building on the site it will be necessary to restripe the northern portion of the parking area. Also a new pathway from the courtyard entrance to the building would be created. After reviewing the proposal, Staff found the project to be consistent with all applicable policies and regulations. Chairperson Segall asked if there were any questions of Staff. Commissioner Baker asked for an explanation of what would happen if Palomar Airport Road and Pacific Coast Highway 101 became a T-intersection at the convention site. Mr. Grim stated that the actual site of the Hilton Garden Inn was adjusted upon the original approval. The previous site had much more property to the north and did not have as much to the west. There was a land swap with the City to accommodate the Palomar Airport Road intersection. As stated, it would be a T-intersection should it be realigned, and the road right-of-way would come to the property line. Mr. Grim stated that there would be a significant slope from the parking area to the road. Commissioner Baker asked if the green triangle area on the site map would be the location of the Convention Center. Mr. Grim stated that this is correct. Commissioner Baker also asked if Palomar Airport Road would still have a slight bend as it came around the northern edge of the property. Mr. Grim stated that this is correct and will hook quickly to the south. Chairperson Segall asked if there were any questions of Staff. Seeing none, he asked if the applicant would like to make a presentation. Planning Commission Minutes March 16,2005 Page 9 Bill Canepa, 328 South Nardo, Solana Beach, stated that he is President of Wavecrest Resorts, who owns the Hilton Garden Inn. He stated that when the original hotel was built, the demand for event space was underestimated in the coastal area. He gave a comparison of the two structures, that the hotel is approximately 93,000 square feet, and the addition will be approximately 6,000 square feet. Mr. Canepa stated that the design and colors would be consistent with the original hotel. He stated that it would benefit the community, as there is such a demand for weddings, event and meeting space. He stated that presently, some event are held outdoors, and the new addition this would allow the event to be held indoors, if the preferred. Currently there is only a 1,300 square feet meeting room and a 400 square foot boardroom. Mr. Canepa concluded his presentation and stated he would be available to answer any questions. Chairperson Segall asked if there were any question of staff or the applicant. Commissioner Heineman asked Assistant Engineer David Rick about the surplus of parking and if both the conference center and hotel would have sufficient spaces available. Mr. Grim responded that the proposed parking meets the Zoning Ordinance, which is one of tests needed from a regulatory compliance standpoint. When an applicant needs a common facilities reduction, such as this, one of the practical components needed for review is parking space availability. If different users occupied the conference facility and the hotel, there will still be enough parking spaces to accommodate. Based on site visits and experience, it has been noticed that the parking lot does not fill to capacity. Commissioner Heineman asked if the assumption is that guests using the conference center would the same as hotel guest. Mr. Grim stated that there is a partial assumption that there will be shared uses, and that a parking lot this size will be sufficient. Mr. Grim furthered stated that this has a Conditional Use Permit that allows Staff to review and monitor the parking, and in the event of larger events, the hotel could be conditioned to find alternative parking. Commissioner Dominguez stated that he owns a week with Wavecrest at their Del Mar facility and asked Chairperson Segall if he should recuse himself from voting. Mr. Canepa stated that the facilities are not the same entities, and this should not create a problem. ' Commissioner Dominquez asked what the time limit is for the Conditional Use Permit. Mr. Grim stated that he believes it is ten years, and is typical for something that has a relatively large financial investment. Commissioner Montgomery stated that when the realignment with Palomar Airport Road takes effect, which is one of the main entrances to the City, and hopes that Staff will be strict with enforcement of the landscape plans. Chairperson Segall asked if there were any other questions of staff or any members of the audience would like to speak on the item. Seeing none, he opened and closed public testimony, and asked for a motion for approval and to open discussion. Commissioner Montgomery made the motion, and duly seconded by Commissioner Dominguez. DISCUSSION Commissioner Whitton stated that there is a need for the conference facility in the area, and hopes that a there will a place for a flagpole to display an American flag. Commissioner Dominguez stated that a medium sized conference center would be appropriate for the needs of Carlsbad. Commissioner Heineman stated that he feels it will be an excellent additional to a Hotel. Planning Commission Minutes March 16,2005 Page 10 Commissioners Cardosa, Baker, and Montgomery all stated their support of the project. Chairperson Segall stated that he supports the project and feels that his is a needed facility with a nice area for outside events. He also stated that if it a nice addition to Carlsbad. MOTION ACTION: Motion by Commissioner Montgomery, and duly seconded by Commissioner Dominguez, that the Planning Commission adopt Planning Commission Resolutions No. 5853, 5854, and 5855, recommending approval Conditional Use Permit 04-21, Site Development Plan 97-1 9(A), and Coastal Development Permit 97-40 (A), based on the findings and subject to the conditions contained therein. Chairperson Segall, Commissioners Baker, Cardosa, Dominguez, and Heineman, and Montgomery VOTE: 7-0 AYES: NOES: None Chairperson Segall closed the public hearing on Item 4 and asked Mr. Neu to introduce the next item. NOTICE IS HEREBY GIVEN to you that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO p.m. on Tuesday, April 19, 2005, to consider a Conditional Use Permit to allow the construction of an approximately 6,000 square foot one-story conference center building at the existing Hilton Garden Inn, on property generally located at the southeast corner of Carlsbad Boulevard and Palomar Airport Road, in Local Facilities Management Zone 22, and more particularly described as: A portion of Lot “H” of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to partition map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after April 15, 2005. If you have any questions, please call Michael Grim in the Planning Department at (760) 602-4623. If you challenge the Conditional Use Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: CUP 04-21 CASE NAME: HILTON CONFERENCE CENTER PUBLISH: April 8, 2005 CITY OF CARLSBAD CITY COUNCIL SITE HILTON CONFERENCE CENTER CUP 04-21 PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times- Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: April OSth, 2005 This space is for the County Clerk's Filing Stamp Proof of Publication of Cig. of Carlsbad, Count of San %ego, State of fomia, accordin to partiton map thereof No. 823 A ortion of Lot "H' of Rancho A ua Hedionda, in th in the Office o? the Count Recorder of San bieg County, November 16,1892 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at SAN MARCOS California This OSth Day of April, 2005 Signature Jane Olson NORTH COUNTY TIMES Legal Advertising From: Isabelle Paulsen To: City Clerk Dept; legals@nctimes.com Date: 04/04/2005 2:02: 19 PM Subject: Public Hearing Notice - Hilton Conference Center Jane: Attached is the public hearing notice and map for Hilton Conference Center Please publish this ad and map in the Friday, April 8, 2005 newspaper. This will be a simple legal ad with City seal and border. , Thank you. Isabelle Paulsen, CMC Deputy Clerk City of Carlsbad City Clerk/Records Management ipaul@ci.carlsbad.ca.us cc: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO p.m. on Tuesday, April 19, 2005, to consider a Conditional Use Permit to allow the construction of an approximately 6,000 square foot one-story conference center building at the existing Hilton Garden Inn, on property generally located at the southeast corner of Carlsbad Boulevard and Palomar Airport Road, in Local Facilities Management Zone 22, and more particularly described as: A portion of Lot “H” of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to partition map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after April 15, 2005. If you have any questions, please call Michael Grim in the Planning Department at (760) 602-4623. If you challenge the Conditional Use Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: CUP 04-21 CASE NAME: HILTON CONFERENCE CENTER PUBLISH: April 8, 2005 CITY OF CARLSBAD CITY COUNCIL SITE HILTON CONFERENCE CENTER CUP 04-21 Jam Free Printing Use Avery@ TEMPLATE 5160@ CARLSBAD UNlF SCHOOL DlST 6225 EL CAMINO REAL CARLSBAD CA 92009 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 CALIF DEPT OF FISH & GAME 4949 VIEWRIDGE AVE SAN DIEGO CA 92123 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 921<0l U.S. FISH &WILDLIFE 6010 HIDDEN VALLEY RD CARLSBAD CA 92009 CITY OF CARLSBAD RECREATION - www.avery.com 1 -800-GO-AVERY - CITY OF ENClNlTAS 505 S VULCAN AVE ENClNlTAS CA 92024 CITY OF VISTA PO BOX 1988 VISTA CA 92085 REGIONAL WATER QUALITY STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 AIR POLLUTION CNTRL DlST 9150 CHESAPEAKE DR SAN DIEGO CA 92123 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 CITY OF CARLSBAD PUBLIC W ORKS/EN G I N EERl N G DAVID RICK DEPT- PROJECT ENGINEER CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 SD COUNTY PLANNING STE B 5201 RUFFIN RD SAN DIEGO CA 92123 SANDAG STE 800 401 BSTREET SAN DIEGO CA 92101 I.P. U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY ATTN TED ANASIS SAN DIEGO COUNTY AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92182-4505 SAN DIEGO CA 92138-2776 CITY OF CARLSBAD PROJECT PLANNER MICHAEL GRIM DOUGLAS E & CAROL SWENSON 2240 YIDLAND GROVE RD 303 SAINT PAUL, MN 55113 W J TRUST *M* 12574 WOODGREEN ST LOS ANGELES, CA 90066 ALL-COAST ENTERPRISES INC 15332 ANTIOCH ST 811 PACIFIC PLSDS, CA 90272 GIOVANNA NITTI TRUST 1951 W MOUNTAIN ST GLENDALE, CA 91201 BROGE 01-04-00 TRUST 10127 BOGUE ST TEMPLE CITY, CA 91780 NANCY J BAILEY PO BOX 1091 BORREGO SPRINGS, CA 92004 PALOMAR & CO 5850 AVENIDA ENCINAS CARLSBAD, CA 92008 DAVID K & BEVERLY WOODWARD 3413 CORVALLIS ST CARLSBAD, CA 92008 195 PAL0 IRPORT RD 83 PRENTISS PROPERTIES ACQUISITION 3890 W NORTHWEST HWY 400 DALLAS, TX 75220 GLS LLC 11999 SAN VICENTE BLVD 205 LOS ANGELES, CA 90049 JEFFREY S TURNER 28128 PACIFIC COAST HWY 208 MALIBU, CA 90265 JAY R & YOLANDA LOUGHRIN 10320 CLIOTA ST WHITTIER, CA 90601 WATSON TRUST 6702 DARYN DR WEST HILLS, CA 91307 PAUL ECKE TRUST 5850 AVENIDA ENCINAS CARLSBAD, CA 92008 STELLAR PROPERTIES L L C 5444 PASEO DEL NORTE CARLSBAD, CA 92008 2609 EL WAVE CREST RESORTS L L C 829 2ND ST A ENCINITAS, CA 92024 JANKOWSKY EDWIN A & FRANCES J FA 6490 EASY ST CARLSBAD, CA 92009 DIVONA FAMILY 6494 EASY ST T CARLSBAD, CA 92009 G & JANET MERRIHEW 6494 FRIENDLY PL CARLSBAD, CA 92009 DONALD A & SHEILA DAVIS 6498 FRIENDLY PL CARLSBAD, CA 92009 NORMA" L GRU"AN 6504 FRIENDLY PL CARLSBAD, CA 92009 SORENSEN FAMILY 6508 FRIENDLY PL CARLSBAD, CA 92009 LESTER & BETHENE VELMAN TRUST 6507 FRIENDLY PL CARLSBAD, CA 92009 HOYT C & FRANCES BOWER 6503 FRIENDLY PL 17 CARLSBAD, CA 92009 F & THELMA MELLOTT 6504 EASY ST CARLSBAD, CA 92009 LEONA E PLEICK TRUST 6510 EASY ST 28 CARLSBAD, CA 92009 MARILYN E JOHNSON TRUST 6492 EASY ST CARLSBAD, CA 92009 BETTY ROSE TRUST 6492 FRIENDLY PL CARLSBAD, CA 92009 JULIA A POCHILY TRUST *M* 6502 FRIENDLY PL CARLSBAD, CA 92009 AFANSEV GEORGE & GLORIA FAMILY 6506 FRIENDLY PL CARLSBAD, CA 92009 ROBERT V & BETH TAPP 6509 FRIENDLY PL CARLSBAD, CA 92009 JAYNE K AKAMINE 6505 FRIENDLY PL CARLSBAD, CA 92009 DANIEL & CHRISTINA LEITCH 6491 FRIENDLY PL CARLSBAD, CA 92009 HARVEY L RUSHFELDT 6508 EASY ST CARLSBAD, CA 92009 JOYCE Y BECKWITH 6498 OCEANVIEW DR T CARLSBAD, CA 92009 JAMES M & PA EINSPAR Trust 6502 OCEANVIEW DR CARLSBAD, CA 92009 GIEBINK FAMILY 6506 OCEANVIEW DR T CARLSBAD, CA 92009 CHARLES H & ANN BENDIG 6509 EASY ST CARLSBAD, CA 92009 MORRIS L & AGNES DONALDSON Trust 6510 OCEANVIEW DR CARLSBAD, CA 92009 BUEL FAMILY *M* 6518 OCEANVIEW DR CARLSBAD, CA 92009 DEDERICK FAMILY 6524 OCEANVIEW DR CARLSBAD, CA 92009 KENNETH BARNETT TRUST 6528 OCEANVIEW DR CARLSBAD, CA 92009 JAMES F KENNY 6523 EASY ST CARLSBAD, CA 92009 MIGUEL & PEGGY PADILLA 6517 EASY ST CARLSBAD, CA 92009 0 L & E STANLEY TRUST 6504 OCEANVIEW DR T CARLSBAD, CA 92009 ZANE FAMILY 6507 EASY ST CARLSBAD, CA 92009 BERNA RUSSELL TRUST 6508 OCEANVIEW DR CARLSBAD, CA 92009 JEAN A CRAIG TRUST 6514 OCEANVIEW DR CARLSBAD, CA 92009 KENNETH J & DOROTHY CLAYPOOL 6522 OCEANVIEW DR CARLSBAD, CA 92009 1994 BARONE FAMILY 6526 OCEANVIEW DR CARLSBAD, CA 92009 NINA LUIS1 6531 EASY ST CARLSBAD, CA 92009 ROBERT & ELAINE BARRETT TRUST 6525 EASY ST CARLSBAD, CA 92009 HAROLD R & MARGUERITE EV *M* 6519 EASY ST CARLSBAD, CA 92009 WILLIAM J FOND TRUST 6515 EASY ST 55 CARLSBAD, CA 92009 DENNIS W & JACQUELYN BUSS10 6513 EASY ST CARLSBAD, CA 92009 PETERSEN FAMILY 6520 FRIENDLY PL CARLSBAD, CA 92009 JOHN D & ELIZABETH GLUCS Trust 6520 EASY ST CARLSBAD, CA 92009 HARRY C & JOYCE PAGE 6524 EASY ST CARLSBAD, CA 92009 COLARUOTOLO FAMILY 6534 EASY ST CARLSBAD, CA 92009 VIVIAN E STILLWELL 6535 EASY ST CARLSBAD, CA 92009 ALLAN P & MARTHA BRENNAN 6530 OCEANVIEW DR CARLSBAD, CA 92009 VU TINH V & TRI T FAMIL *M* 6534 OCEANVIEW DR CARLSBAD, CA 92009 SHEILA A DEAN 6538 OCEANVIEW DR CARLSBAD, CA 92009 BERNICE M BUTTNER 204 SEA BREEZE DR CARLSBAD, CA 92009 ALLISON E & SUSAN SPA" 6516 FRIENDLY PL CARLSBAD, CA 92009 WILLIAM N ROSS 6516 EASY ST CARLSBAD, CA 92009 JANICE FLEMING TRUST 6522 EASY ST CARLSBAD, CA 92009 JOSEPH J & KATHY MILLS 6526 EASY ST CARLSBAD, CA 92009 DAVID L & ROBBE SKINNER 204 EASY PL T CARLSBAD, CA 92009 CASCARANO FAMILY 6533 EASY ST CARLSBAD, CA 92009 FRENCH FAMILY 6532 OCEANVIEW DR CARLSBAD, CA 92009 HOLGUIN BENJAMIN D & MARY E FAM 6536 OCEANVIEW DR CARLSBAD, CA 92009 FRANK J & JOAN ADAMS 6602 OCEANVIEW DR CARLSBAD, CA 92009 FRANK & SALLY CLARKE TRUST 201 EASY PL CARLSBAD, CA 92009 SIMMONS BARBARA B PERSONAL RESID 6602 EASY ST CARLSBAD, CA 92009 JUANITA J MANNING TRUST 6608 EASY ST T CARLSBAD, CA 92009 JACK & NANCY CULP *M* 6614 OCEANVIEW DR CARLSBAD, CA 92009 HACCAO NGW DALE R & CLAIRE WHITE 6609 EASY ST CARLSBAD, CA 92009 BRUCE H & M RATCLIFF TRUST 6613 EASY ST T CARLSBAD, CA 92009 KENNETH W & NANCY ONEAL 6604 EASY ST CARLSBAD, CA 92009 -- N & ALICE HERRINGTON 6610 EASY ST CARLSBAD, CA 92009 BUTLER DONALD M SEPARATE PROPERT 6618 EASY ST CARLSBAD, CA 92009 WRIGHT FAMILY 6616 OCEANVIEW DR T CARLSBAD, CA 92009 RICHARD M & MARY TOOHEY 6610 OCEANVIEW DR CARLSBAD, CA 92009 ALCIA M EATON TRUST 6607 EASY ST CARLSBAD, CA 92009 SHIRLEY M WIESINGER 6611 EASY ST CARLSBAD, CA 92009 *** 75 Printed *** 6010 AVENIDA ENCINAS PARTNERS L 364 2ND ST 6 ENCINITAS, CA 92024 ROBERTIS F PAUL ECKE TRUST 1351 DISTRIBUTION WAY 10 VISTA, CA 92081 BAKER FAMILY *M* 1314 MONTEREY ST REDLANDS, CA 92373 MINE0 FAMILY 1751 SUNNYPARK REDLANDS, CA 92374 CATHY L MUSCH *M* 19371 SIERRA INEZ RD IRVINE, CA 92603 m.. . lLUSt 25442 REMESA DR MISSION VIEJO, CA 92691 HENRY & MARY AMEEN 12811 CHAPARRAL DR GARDEN GROVE, CA 92840 TED & CYNTHIA NEALE 1137 DEL ROBLES PL SIMI VALLEY, CA 93063 JULIO A & I; ROBERT E & PA CHAPMAN Trust 1076 PROSPECT PL VISTA, CA 92081 KEENAN FAMILY 67110 GARBINO RD CATHEDRAL CITY, CA 92234 WALLACE FAMILY 28463 CARRIAGE HILL DR HIGHLAND, CA 92346 STOCKTON FAMILY 222 ESCONDIDO DR REDLANDS, CA 92373 DOROTHY MCGINITY TRUST 10160 LEUCADIA LN RIVERSIDE, CA 92503 PATINO FAMILY *M* 22042 SALCEDO MISSION VIEJO, CA 92691 BAUER FAMILY 521 W KNEPP AVE FULLERTON, CA 92832 CAVENDER 12-11-02 TRUST 16952 NIGHTINGALE LN YORBA LINDA, CA 92886 JAN M FREDRICKSON 2744 BITTERNUT CIR SIMI VALLEY, CA 93065 WALTER NG TRUST 3062 MELBOURNE CT PLEASANTON, CA 94588 *** 41 Printed *** NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO p.m. on Tuesday, {DATE), to consider a Conditional Use Permit to allow the construction of an approximately 6,000 square foot one- story conference center building at the existing Hilton Garden Inn, on property generally located at the southeast comer of Carlsbad Boulevard and Palomar Airport Road, in Local Facilities Management Zone 22, and more particularly described as: A portion of Lot “Hy of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to partition map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after (DATE). If you have any questions, please call Michael Grim in the Planning Department at (760) 602-4623. If you challenge the Conditional Use Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in Written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE: CUP 04-21 CASE NAME: HILTON CONFERENCE CENTER PUBLISH: {DATE) CITY OF CARLSBAD CITY COUNCIL SITE HILTON CONFERENCE CENTER CUP 04-21