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.
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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:
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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
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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
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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
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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.
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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:
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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-
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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,
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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 -
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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:
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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-
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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-
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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-
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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,
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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.
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- Fire:
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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
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NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.” -
You have 90 days from 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
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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
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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
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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:
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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;
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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:
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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
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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
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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,
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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:
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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
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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
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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:
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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.
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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.
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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
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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
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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
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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
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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
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W J TRUST *M*
12574 WOODGREEN ST LOS ANGELES, CA 90066
ALL-COAST ENTERPRISES INC
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GIOVANNA NITTI TRUST
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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
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WATSON TRUST
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2609 EL
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DIVONA FAMILY
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G & JANET MERRIHEW
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DONALD A & SHEILA DAVIS
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NORMA" L GRU"AN
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SORENSEN FAMILY
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LESTER & BETHENE VELMAN TRUST
6507 FRIENDLY PL CARLSBAD, CA 92009
HOYT C & FRANCES BOWER 6503 FRIENDLY PL 17 CARLSBAD, CA 92009
F & THELMA MELLOTT
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LEONA E PLEICK TRUST 6510 EASY ST 28 CARLSBAD, CA 92009
MARILYN E JOHNSON TRUST
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BETTY ROSE TRUST
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AFANSEV GEORGE & GLORIA FAMILY
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ROBERT V & BETH TAPP
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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*
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DEDERICK FAMILY
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KENNETH BARNETT TRUST
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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
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1994 BARONE FAMILY
6526 OCEANVIEW DR CARLSBAD, CA 92009
NINA LUIS1
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ROBERT & ELAINE BARRETT TRUST
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HAROLD R & MARGUERITE EV *M*
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PETERSEN FAMILY
6520 FRIENDLY PL CARLSBAD, CA 92009
JOHN D & ELIZABETH GLUCS Trust
6520 EASY ST CARLSBAD, CA 92009
HARRY C & JOYCE PAGE
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COLARUOTOLO FAMILY
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VIVIAN E STILLWELL
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ALLAN P & MARTHA BRENNAN
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6534 OCEANVIEW DR CARLSBAD, CA 92009
SHEILA A DEAN
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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
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JUANITA J MANNING TRUST
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HACCAO NGW
DALE R & CLAIRE WHITE
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KENNETH W & NANCY ONEAL
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--
N & ALICE HERRINGTON
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BUTLER DONALD M SEPARATE PROPERT
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WRIGHT FAMILY
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RICHARD M & MARY TOOHEY
6610 OCEANVIEW DR CARLSBAD, CA 92009
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SHIRLEY M WIESINGER
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*** 75 Printed ***
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m.. . lLUSt
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JULIO A & I;
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KEENAN FAMILY
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JAN M FREDRICKSON
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WALTER NG TRUST
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*** 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