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HomeMy WebLinkAbout2007-05-01; City Council; 18982; DKN HotelCARLSBAD - HOUSING AND REDEVELOPMENT COMMISSION AND CITY COUNCIL AGENDA BILL AB# MTG. DEPT. 18,982 05/01/07 PLN DKN HOTEL RP 05-03/CDP 05-14 GPA 05-05/ZC 05-02/LCPA 05-02/CDP 05-14 DEPT. HEAD^B CITYATTY. CITY MGR. RECOMMENDED ACTION: Housing and Redevelopment Commission: 438That the Housing and Redevelopment Commission ADOPT Resolution No. ADOPTING a Negative Declaration and APPROVING a Redevelopment Permit (RP 05-03) and Coastal Development Permit (CDP 05-14) based upon the findings and subject to the conditions contained therein. City Council: That the City Council INTRODUCE Ordinance No. NS*4Q , APPROVING an amendment to the Zoning Map (ZC 05-02) and ADOPT Resolution No. 20t)7-096. ADOPTING a Negative Declaration and APPROVING a General Plan Amendment (GPA 05-05), Local Coastal Program Amendment (LCPA 05-02) and Coastal Development Permit (CDP 05-14) based upon the findings and subject to the conditions contained therein. ITEM EXPLANATION: Project Application (s) Environmental Review (Negative Declaration) RP 05-03 CDP 05-14 GPA 05-05 ZC 05-02 LCPA 05-02 SDP 05-04 Design Review Board RA RA RA Planning Commission RA RA RA RA RA X Housing and Redevelopment Commission X X X City Council X X X X • RA = Recommended Approval X = Final City decision -making authority •= requires Coastal Commission approval This project falls both within and outside of the Village Redevelopment Area and required recommendations from both the Design Review Board and the Planning Commission. On March 7, 2007, a joint hearing of the Design Review Board and the Planning Commission was held. The Design Review Board recommended approval (3-0, Whitton and Hamilton absent) of the Negative FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED / D D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES Daaa Page 2 Declaration, Redevelopment Permit and Coastal Development Permit and the Planning Commission recommended approval (6-1, Whitton absent)) of the Negative Declaration, General Plan Amendment, Zone Change, Local Coastal Program Amendment, and approved a Site Development Plan for the demolition of an existing hotel, restaurant, and single family residence, and the construction of a 3- story, 104-room hotel project on property located at 3136 Carlsbad Boulevard on the east side of Carlsbad Boulevard between Pine Avenue and Oak Avenue. The General Plan Amendment, Zone Change and Local Coastal Program Amendment are to change the General Plan and Local Coastal Program Land Use designations from Residential High Density (RH) to Travel/Recreation Commercial (T-R) and to change the Citywide Zoning and Local Coastal Program Zoning designations from Multiple-Family Residential (R-3) to Commercial Tourist (C-T) for the portion of property located outside the Village Redevelopment Zone. The Commission and Board heard public comments regarding potential noise impacts to adjacent residential property from guest activity and the underground parking garage. The Commission/Board discussed architecture, building height, pedestrian impacts, and lamented over the loss of the existing restaurant. Excerpts of the minutes are attached. FISCAL IMPACT: The proposed project will have a positive impact in terms of increased property tax, transient occupancy tax, and additional employment opportunities. The current assessed value of the project site is $1,800,000. With the new construction, it is estimated that the assessed value will increase to approximately $12 million. The increase in value would result in additional tax increment revenue for the Carlsbad Redevelopment Agency of approximately $102,000 per year. Additionally, the project may serve as a catalyst for other improvements in the area, either new development or rehabilitation of existing buildings, through the elimination of a blighting influence within the area. All public infrastructure required for this project will be funded and/or constructed by the developer. ENVIRONMENTAL IMPACT: Staff has conducted an environmental impact assessment to determine if the project could have a potentially significant effect on the environment pursuant to CEQA Guidelines and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code. The project does not have any impacts to any significant native or wetland habitats or wildlife species identified as candidate, sensitive or special status by the wildlife agencies and is identified as a development area within the Habitat Management Plan. In consideration of the foregoing, the Planning Director issued a Notice of Intent to adopt a Negative Declaration for the project on December 28, 2006. No comments were received on the environmental document during the 30 public review period (December 28, 2006 through January 27, 2007). GROWTH MANAGEMENT STATUS: Facilities Zone Local Facilities Management Plan Special Facility Fee 1 1 None DEPARTMENT CONTACT: Van Lynch 760-602-4613 vlync@ci.carlsbad.ca.us Page 2 EXHIBITS: 1. Housing and Redevelopment Commission resolution No. 438 2. City Council Ordinance No NS-840 3. City Council Resolution No. 2007-096' 4. Location Map 5. Design review Board Resolutions 319, 320 and 321 6. Planning Commission Resolutions No. 6254, 6255, 6256, 6257 and 6258 7. Planning Commission Staff Report, dated March 7, 2006 8. Excerpts of Planning Commission Minutes, dated March 7, 2006. DEPARTMENT CONTACT: Van Lynch 760-602-4613 vlync@ci.carlsbad.ca.us 1 RESOLUTION NO. 438 2 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, 3 ADOPTING A NEGATIVE DECLARATION AND APPROVING A MAJOR REDEVELOPMENT PERMIT AND COASTAL 4 DEVELOPMENT PERMIT FOR THE DEMOLITION OF AN EXISTING HOTEL, RESTAURANT, AND SINGLE FAMILY 5 RESIDENCE, AND THE CONSTRUCTION OF A 3-STORY, 104- ROOM HOTEL PROJECT ON PROPERTY LOCATED AT 3136 6 CARLSBAD BOULEVARD ON THE EAST SIDE OF CARLSBAD BOULEVARD BETWEEN PINE AVENUE AND OAK AVENUE IN 7 LAND USE DISTRICT 9 OF THE CARLSBAD VILLAGE REDEVELOPMENT AREA, IN THE VILLAGE REDEVELOPMENT 8 AND MELLO II SEGMENTS OF THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 9 1. 10 CASE NAME: DKN HOTEL CASE NO.: RP 05-03/CDP 05-14 11 WHEREAS, pursuant to the provisions of the Municipal Code, the Design Review Board did, on March 7, 2007, hold a duly noticed public hearing as prescribed by law to consider a Negative Declaration, Major Redevelopment Permit and Coastal Development14 Permit and WHEREAS, the Housing and Redevelopment Commission of the City of16 Carlsbad, on the 1st day of May , 2007, held a duly noticed public hearing to consider said Negative Declaration, Major lo Redevelopment Permit and Coastal Development Permit and at that time received recommendations, objections, protests, comments of all persons interested in or opposed to the 21 Negative Declaration and/or RP 05-03/CDP 05-14; and 22 NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment Commission of the City of Carlsbad, California, as follows: 24 1. That the above recitations are true and correct. 25.. 2. That the findings and conditions of the Design Review Board as set forth in 26 Design Review Board Resolutions No. 319, 320 and 321 on file with the City Clerk and made a part hereof by reference, are the findings and conditions of the Housing and Redevelopment 27 Commission. 28 1 3. That the Housing and Redevelopment Commission, as a responsible agency under CEQA, has considered and concurs with the findings of the Negative Declaration.2 4. That the application for a Negative Declaration, Major Redevelopment Permit and Coastal Development Permit on property generally located at 3136 Carlsbad Boulevard on 4 the east side of Carlsbad Boulevard between Pine Avenue and Oak Avenue is approved as shown in Design Review Board Resolutions No. 319, 320 and 321. 5. This action is final the date this resolution is adopted by the Housing and 6 Redevelopment Commission and is subject to approval of the LCPA 05-02 by the California Coastal Commission. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time 7 Limits for Judicial Review" shall apply: 8 "NOTICE TO APPLICANT" 9 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 10 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 11 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 12 decision becomes final a request for the record of the deposit in an amount sufficient to cover the estimated cost or preparation of such 13 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 14 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 15 record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008." 16 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 28 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the Housing and Redevelopment Commission and City Council of the City of Carlsbad on the 1st day of May, 2007, by the following vote to wit: AYES: Commission Members Lewis, Kulchin, Packard and Nygaard NOES: None ABSENT: Commission Member Hall , Chairman ATTEST: RAYMOND R. PATCHETT, Se^$$^ (SEAL) /£•••"' r e; ESTABLISHED • 1 ORDINANCE NO. NS-840 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030 OF 3 THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP TO GRANT A ZONE CHANGE, ZC 05-02, 4 FROM MULTIPLE-FAMILY RESIDENTIAL (R-3) TO TOURIST COMMERCIAL (C-T) ON A .49-ACRE PARCEL GENERALLY 5 LOCATED WEST OF LINCOLN STREET BETWEEN PINE AVENUE AND OAK AVENUE IN LOCAL FACILITIES 6 MANAGEMENT ZONE! CASE NAME: DKN HOTEL 7 CASE NO.: ZC 05-02 8 The City Council of the City of Carlsbad, California, does hereby resolve as follows: 9 SECTION I: That Section 21.050.30 of the Carlsbad Municipal Code, being the 10 zoning map, is amended as shown on the map marked Exhibit "ZC 05-02," dated March 7, 2007 attached hereto and made a part hereof.12 13 SECTION II: That the findings and conditions of the Planning Commission as set 14 forth in Planning Commission Resolution No. 6256 constitute the findings and conditions of the 15 City Council. EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty days after its adoption but not until Local Coastal Program Amendment LCPA 05-02 is approved by I O10 the California Coastal Commission, and the City Clerk shall certify to the adoption of this 1 o7 ordinance and cause it to be published at least once in a publication of general circulation in the 90 City of Carlsbad within fifteen days after its adoption. 21 22 23 24 25 26 27 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 78 INTRODUCED AND FIRST READ at a Joint Special Meeting of the Carlsbad City Council and Housing and Redevelopment Commission on the 1st day of, May 2007, and thereafter. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the day of, 2007, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) 1 RESOLUTION NO. 2007-096 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A NEGATIVE 3 DECLARATION AND APPROVING A GENERAL PLAN AMENDMENT, LOCAL COASTAL PROGRAM AMENDMENT, 4 AND COASTAL DEVELOPMENT PERMIT, FOR THE DEMOLITION OF AN EXISTING HOTEL, RESTAURANT, AND 5 SINGLE FAMILY RESIDENCE, AND THE CONSTRUCTION OF A 3-STORY, 104-ROOM HOTEL PROJECT ON PROPERTY 6 LOCATED AT 3136 CARLSBAD BOULEVARD ON THE EAST SIDE OF CARLSBAD BOULEVARD BETWEEN PINE AVENUE 7 AND OAK AVENUE IN LAND USE DISTRICT 9 OF THE CARLSBAD VILLAGE REDEVELOPMENT AREA, IN THE 8 VILLAGE REDEVELOPMENT AND MELLO II SEGMENTS OF THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES 9 MANAGEMENT ZONE 1 . 10 CASE NAME: DKN HOTEL CASE NO.: GPA 05-05/LCPA 05-02/CDP 05-14 _ 11 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning 12 Commission did, on March 7, 2007, hold a duly noticed public hearing as prescribed by law to consider a Negative Declaration and General Plan Amendment; Local Coastal Program Amendment and Coastal Development Permit and WHEREAS, the City Council of the City of Carlsbad, on the 1st day of16 May _ , 2007, held a duly noticed public hearing to consider said Negative Declaration and General Plan Amendment, Local Coastal Program Amendment and Coastal 1 o Development Permit and at that time received recommendations, objections, protests, comments of all persons interested in or opposed to the Negative Declaration and/or GPA 05- 21 05/ LCPA 05-027 CDP 05-14; and 22 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of _ Carlsbad, California, as follows: 24 1 . That the above recitations are true and correct. 25 2. That the findings and conditions of the Planning Commission as set forth in Planning Commission Resolutions No. 6254, 6255, 6257 and 6258 on file with the City Clerk 26 and made a part hereof by reference, are the findings and conditions of the City Council. 28 3. That the application for a Negative Declaration and General Plan Amendment; Local Coastal Program Amendment, and Coastal Development Permit on property generally 1 located at 3136 Carlsbad Boulevard on the east side of Carlsbad Boulevard between Pine Avenue and Oak Avenue is approved as shown in Planning Commission Resolutions No. 6254, 2 6255, 6257 and 6258. 3 4. That the application for a General Plan Amendment to change the Land Use designation from Residential High Density (RH) to Travel/Recreation Commercial (T-R) on a .49 acre property generally located at 3136 Carlsbad Boulevard on the east side of Carlsbad Boulevard between Pine Avenue and Oak Avenue as shown in Planning Commission Resolution No. 6255, is hereby accepted, approved in concept, and shall be formally approved with GPA Batch No. 2 of 2007. o 5. That the approval of LCPA 05-02 shall not become effective until it is approved by the California Coastal Commission and the California Coastal Commission's approval becomes effective. 9 6. This action is final the date this resolution is adopted by the City Council and is subject to the approval of the LCPA 05-02 by the California Coastal Commission. The 10 Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: 11 "NOTICE TO APPLICANT" 12 The time within which judicial review of this decision must be sought is 13 governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code 14 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 15 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 16 amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is 17 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 18 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 19 Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008." 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 28 \V 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the City Council of the City of Carlsbad and the Housing and Redevelopment Commission on the 1st day of May 2007, by the following vote: AYES: Council Members Lewis, Kulchin, Packard and Nygaard NOES: None ABSENT: Council Member Hall 5, Mayor ATTEST: LORRAINE M. WOOD, City CTerk (SEAL) TJQ EXHIBIT 4 V \ SITE MAP NOT TO SCALE DKN Hotel GPA 05-05/ZC 05-02/LCPA 05-02 /CDP 05-14/RP 05-03 iz 1 DESIGN REVIEW BOARD RESOLUTION NO. 319 2 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR REDEVELOPMENT PERMIT RP 05- 4 03 TO ALLOW THE CONSTRUCTION OF A 104-ROOM HOTEL PROJECT ON PROPERTY LOCATED AT 31365 CARLSBAD BOULEVARD BETWEEN PINE AVENUE AND 6 OAK AVENUE IN LAND USE DISTRICT 9 OF THE CARLSBAD VILLAGE REDEVELOPMENT AREA AND IN 7 LOCAL FACILITIES MANAGEMENT ZONE 1, INCLUDING A VARIANCE FOR A PORTION OF THE NORTH SIDE YARD8 SETBACK THAT IS BELOW THE MINIMUM OF THE 9 SETBACK._STANDARD...RANGE FOR THE VILLAGE REDEVELOPMENT AREA. 10 CASE NAME: DKN HOTEL CASE NO: RP 05-03 11 12 WHEREAS, Dahya Bhai L. and Shantaben Patel, "Developer/Owner," has 13 filed a verified application with the Redevelopment Agency of the City of Carlsbad regarding 14 property described as 15 Portion of Block 18, Town of Carlsbad per Map No. 775, 16 Recorded 2-15-1894 and Portion of Tract 100, Carlsbad Lands per Map 1661, Recorded 3-1-1915, all in the City of Carlsbad, 17 County of San Diego, State of California. APN 203-250-08 and 26-0018 19 ("the Property"); and 20 WHEREAS, said application constitutes a request for a Major Redevelopment Permit, as 21 shown on Exhibits "A" - "R" dated March 7, 2007, on file in the Housing and Redevelopment 23 Department, DKN HOTEL - RP 05-03, as provided by Chapter 21.35.080 of the Carlsbad 24 Municipal Code; and 25 WHEREAS, the Design Review Board did on the 7th day of March, 2007, hold a duly 26 noticed public hearing as prescribed by law to consider said request; and 27 28 WHEREAS, at said public hearing, upon hearing and considering all testimony and 2 arguments, if any, of persons desiring to be heard, said Board considered all factors related to 3 DKN HOTEL - RP 05-03. 4 5 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as 6 follows: 7 A. That the foregoing recitations are true and correct. c B. That based on the evidence presented at the public hearing, the Design Review 9 Board RECOMMENDS APPROVAL of DM^ HOTEL - RP 05-03, based on the following findings and subject to the following conditions: 10 GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS:11 1- The Design Review Board finds that the project, as conditioned herein and with the findings contained herein for the north sideyard setback variance, is in conformance 13 with the City's General Plan, the Carlsbad Village Area Redevelopment Plan and the Carlsbad Village Redevelopment Master Plan and Design Manual, and all pertinent 14 provisions of the Carlsbad Municipal Code based on the facts set forth in the staff report dated March 7, 2007 including, but not limited to the following: 1 6 a. The project is consistent with the Carlsbad General Plan hi that it provides for a tourist/traveler serving use normally associated with coastal highways 1 7 (Carlsbad Boulevard) in an appropriate location within the Village. The use in turn provides an additional customer base for local restaurants, specialty shops, and nearby convenience services. Additionally, the project provides new economic development by replacing the existing underutilized uses on the subject property with a new hotel use. The General Plan objective is to 20 implement the Redevelopment Plan through the comprehensive Village Master Plan and Design Manual. By providing more hotel lodging, the project helps to create a lively, interesting social environment by encouraging 22 and increasing the opportunity for 24-hour life in the Village, which provides the necessary customer base to attract complementary uses. The project 23 reinforces the pedestrian-orientation desired for the downtown area with a hotel location that provides an opportunity for hotel patrons to walk to 24 shopping, recreation, and mass transit functions. The projects proximity to existing bus routes and mass transit will help to further the goal of providing new economic development near transportation corridors. Furthermore, the 25 project will provide a strong street presence with extensive architectural relief, including outdoor patios looking out over Carlsbad Boulevard and 27 parking that is out-of-site and below grade. Overall, the new hotel will enhance the Village as a place for living and working. 28 b. The project is consistent with the land use standards set forth in the Village DRBRESONO. 319 -2- Master Plan in that it will provide a permitted use (hotel) in an appropriate 2 location within Land Use District 9 of the Village Redevelopment Area. The proposed project assists in satisfying the goals and objectives set forth for 3 Land Use District 9 through the following actions: 1) it establishes the Village as a quality shopping, working, and living environment providing additional lodging for visitors who will shop and dine within the Village adding to the lively environment within the downtown area, 2) it improves the pedestrian circulation in the Village Area by providing lodging in close proximity to 5 both bus and rail mass transit options and will thus encourage and promote the use of mass transit, further improving vehicular circulation in the 7 Village, 3) it stimulates property improvements and new improvements in the Village by providing an appropriate intensity of development that is compatible with the surrounding area and may serve as a catalyst for future redevelopment inthe area, J) it in^ro^es thajihysical appearance of the Village Area by replacing older structures with an aesthetically pleasing 10 building that meets the requirements of the design guidelines for the Village. c. The project as designed is consistent with the development standards for . 2 Land Use District 9, design guidelines, and other applicable regulations set forth in the Village Master Plan and Design Manual, with the exception of 13 the requested variance. 14 d. The findings required allowing reductions in the front yard setback and the south side yard setback at a level below the maximum and within the standard range are as follows. First, the proposed setback will not have an adverse impact on surrounding properties as the reduced setback will allow for the outdoor dining areas and the business center to be close to the street 17 reinforcing the pedestrian interaction along Carlsbad Boulevard helping to create a lively commercial block frontage. The reduced front yard setback will, therefore, encourage and maintain the existing visitor-serving commercial continuity and synergy that exists along Carlsbad Boulevard adding to the shopping experience in the Village. The reduced side yard 20 standard will help to break up the mass of the building allowing other portions of the building to be setback further. Second, the reduced 21 standards will assist in developing a project that meets the goals of the Village Redevelopment Area and is consistent with the land use objectives in that the project will replace existing blighted structures with a visually 23 appealing project that has scale and character that will improve the appearance and condition of the current Village hotel lodging stock helping 24 to stimulate property improvements and further new development in the Village. The project will help to further establish Carlsbad Village as a quality shopping and living environment by providing an attraction for additional tourist-serving uses. Lastly, the reduced standards will assist in creating a project design that is interesting, visually appealing and reinforces 27 the Village character of the area through setbacks that provide adequate space for landscaping and decorative paving at the ground floor allowing 28 building recesses and relief along the various building planes. The reduced standards will assist in creating greater architectural articulation adjacent to DRB RESO NO. 319 -3- the street and will assist in the effort to make the building visually interesting 2 and more appealing which is a primary goal of the Village Design guidelines in reinforcing the Village character. 3 e. The existing streets can accommodate the estimated ADTs and all required public right-of-way has been or will be dedicated and has been or will be improved to serve the development. The pedestrian spaces and circulation have been designed in relationship to the land use and available parking. 6 Pedestrian circulation is provided through pedestrian-oriented building design, landscaping, and hardscape. Public facilities have been or will be 7 constructed to serve the proposed project. The project has been conditioned to develop and implement a program of "best management practices" for the elimination and reduction of pollutants which enter into and/or are transported within storm drainage faciMes,___ 10 f. The proposed project will not have an adverse impact on any open space within the surrounding area. The project is consistent with the Open Space requirements for new development within the Village Redevelopment Area . _ and the City's Landscape Manual. 13 g. The proposed project has been conditioned to comply with the Uniform Building and Fire Codes adopted by the City to ensure that the project meets 14 appropriate fire protection and other safety standards. 2. The Design Review Board finds as follows to allow a variance for the north side yard setback that is below the minimum of the standard range: 17 a. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application * ° of the zoning ordinance deprives such property of privileges enjoyed by other 1 q property in the vicinity and under identical zoning classification, in that the shape of the lot is unusual due to it's "wedged" shape configuration at the north 20 end of the site fronting Carlsbad Boulevard. This shape restricts the design flexibility for new visitor-serving commercial uses. However, through the 21 reduction (variance), the applicant is able to provide a large enough outdoor dining area at the north end of the site that will serve to reinforce the pedestrian interaction between hotel patrons and pedestrians helping to 23 generate a lively commercial block frontage with visitor-serving commercial continuity. This is consistent with the goals and objectives of the Village that 24 include attracting additional tourist serving commercial uses and reinforcing the pedestrian commercial continuity within the Village commercial districts. The additional outdoor dining area, enabled through the variance, is necessary at the north corner of the site in order to maintain the existing visitor-serving commercial continuity and synergy that exists along Carlsbad 27 Boulevard. 28 b. That the variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the DRBRESONO. 319 -4- subject property is located and is subject to any conditions necessary to ensure 2 compliance with this finding, in that the property to the north currently has a zero foot side yard and rear yard setback. By allowing the subject project to 3 abut the property line to the north, the project will share the same setback standard as the property to the north. Allowing the setback standard below 4 the 5-foot minimum will eliminate an area between the proposed and existing building that could collect trash and debris and eventually become a health and safety concern. 6 c. That the variance does not authorize a use or activity which is not otherwise 7 expressly authorized by the zone regulation governing the subject property, in that a hotel use is a permitted use within Land Use District 9 (Tourism Support Area) of the V-R zoning designation. d. That the variance is consistent with the general purpose and intent of the general 10 plan, Carlsbad village area redevelopment plan, and the Carlsbad Village Redevelopment Master Plan and Design Manual, in that the standards established in the Village Master Plan and Design Manual were intended to , 2 be somewhat flexible in order to encourage diversity and variety of development and to take into consideration the unique conditions associated 13 with many of the properties in the redevelopment area. The reduced side yard setback is consistent with the existing site conditions to the north where 14 the property to the north currently has a zero foot side yard and rear yard setback. The requested variance in no way changes the use or development of the site in a manner that is inconsistent with the general purpose and intent of the General Plan, Carlsbad Village Area Redevelopment Plan, and the Carlsbad Village Redevelopment Master Plan and Design Manual. 17 e. In addition, in the coastal zone, the variance is consistent with and implements the 1 ° requirements of the certified local coastal program and that the variance does not reduce or in any manner adversely affect the protection of coastal resources as specified in the zones included in this title, and the variance implements the 20 purposes of zones adopted to implement the local coastal program land use plan, in that the variance is consistent with the intent of the requirements of the 21 Village Master Plan and Design Manual, which functions as the Local Coastal Program for the area. As long as the project is consistent with the Village Master Plan and Design Manual, the project is consistent with the 23 Local Coastal Program. The variance allows for a permitted hotel use with outdoor seating, which is consistent with the Village Master Plan and Design 24 Manual and therefore is consistent with the Local Coastal Program. The project is consistent with the City-wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1, and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or 27 provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational 28 facilities; libraries; government administrative facilities; and open space, related to the DRBRESONO. 319 -5- ,,-, project will be installed to serve new development prior to or concurrent with need. 2 Specifically, a. The project has been conditioned to ensure that building permits will not be issued for the project unless the District Engineer determines that sewer 4 service is available, and building cannot occur within the project unless sewer service remains available and the District Engineer is satisfied that the 5 requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. 6 _ b. All necessary public improvements have been provided or are required as conditions of approval. 8 c. The Public Facility fee is required to be paid by Council Policy No. 17 and 9 wffllvecollected priwto theissuarice of building permit. 10 1, 4. The project is consistent with the City's Landscape Manual. 12 5. The Design Review Board has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed 13 to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 15 GENERAL CONDITIONS: 16 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of building permits. jo 1. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so 19 implemented and maintained according to their terms, the City/Agency shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance 20 of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their 22 compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's/Agency's approval of this 23 Major Redevelopment Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 25 and modifications to the Major Redevelopment Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. 26 Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 2£ 3. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. DRBRESONO. 319 -6- 4. If any condition for construction of any public improvements or facilities, or the payment 2 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 3 66020. If any such condition is determined to be invalid this approval shall be invalid unless the Housing and Redevelopment Commission determines that the project without the condition complies with all requirements of law. 5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and 6 hold harmless the Redevelopment Agency of the City of Carlsbad, its governing body members, officers, employees, agents, and representatives, from and against any and all 7 liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the Agency arising, directly or indirectly, from (a) Agency's approval and issuance of this Major Redevelopment Permit, (b) Agency's approval or 9 issuance™^»any permit,,or, action^whether discteiicmary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation 10 and operation of the facility, permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other * 1 energy waves or emissions. This obligation serves until all legal proceedings have been concluded and continues even if the Agency's approval is not validated. 13 6. The Developer shall submit to the Housing and Redevelopment Department a reproducible 24" x 36", mylar copy of the Major Redevelopment Permit reflecting the conditions approved by the final decision making body. 7. The Developer shall include, as part of the plans submitted for any permit plan check, a 16 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format. 17 8. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad School District that this project has satisfied its obligation to provide school facilities. 20 9. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that 21 Plan prior to the issuance of building permits. 22 10. Approval is granted for Major Redevelopment Permit RP 05-03 as shown on Exhibits 23 "A" - "R" dated March 7, 2007, on file in the Housing and Redevelopment Department and incorporated herein by reference. Development shall occur substantially 24 as shown unless otherwise noted in these conditions. 25 11. This approval is granted subject to the approval of the Negative Declaration and GPA 26 06-01, LCPA 05-02, CDP 05-14, and SDP 05-04 and is subject to all conditions contained in Planning Commission Resolutions No. 6254, 6255, 6257, 6258 and 6259 27 and Design Review Board Resolution Nos. 321 and 320 for those other approvals. 28 12. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. DRBRESONO. 319 -7- •/*n 13. Building permits will not be issued for the project unless the local agency providing water 2 and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of 3 the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect shall be 4 placed on the final map. Landscape Conditions: 6 14. The Developer shall submit and obtain Planning Director approval of a Final Landscape 7 and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. The Developer shall construct and install all ° landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy andjferiving condition, freefrgm weeds, trash, jnd debris. 15. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the 11 project's building, improvement, and grading plans. 12 Noticing Conditions: 13 16. Prior to the issuance of the building permit, Developer shall submit to the City a Notice 14 of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Housing and Redevelopment Director, notifying all interested parties and 15 successors in interest that the City of Carlsbad has issued a Major Redevelopment I r Permit, Coastal Development Permit, and Negative Declaration by Resolution(s) No. 319, 320, and 321 on the real property owned by the Developer. Said Notice of 17 Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions 1 8 specified for inclusion in the Notice of Restriction. The Housing and Redevelopment Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or 20 successor in interest. 21 On-site Conditions: 22 17. The Developer shall construct trash receptacle and recycling areas as shown on the site 23 plan (Exhibit "B") enclosed by a six-foot high masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said 24 receptacles shall be approved by the Housing and Redevelopment Director and/or Planning Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Housing and Redevelopment Director and/or Planning Director. 27 18. No outdoor storage of material shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and Housing and Redevelopment Director of an Outdoor Storage Plan, and thereafter comply with the approved plan. DRBRESONO. 319 -8- 19. The Developer shall submit and obtain Planning Director approval of an exterior lighting 2 plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. 3 20. All roof appurtenances, including air conditioners, shall be architecturally integrated and 4 concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and/or Housing and Redevelopment. 6 21. Solid decorative masonry walls, with design and materials consistent with the hotel 7 building, shall be installed along all common lot lines that adjoin an existing residential use. 9 Engineering ____ . .„..,„.„..,.„.,., _.....„._ „„..__,.„.„. 10 NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed tentative map, must be met prior to approval of a building or 11 grading permit whichever occurs first. 12 General 13 22. Prior to hauling dirt or construction materials to or from any proposed construction site 14 within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route.15 F l£ 23. Prior to occupancy, Developer shall install rain gutters to convey roof drainage to an approved drainage course or street to the satisfaction of the City Engineer. 17 24. Developer shall install sight distance corridors at all street and driveway intersections in 1 ^ accordance with Engineering Standards. 19 Fees/Agreements 20 25. Developer shall cause property owner to execute and submit to the City Engineer for 21 recordation, the City's standard form Geologic Failure Hold Harmless Agreement. 99 26. Developer shall cause property owner to execute, record and submit a recorded copy to 23 the City Engineer, a deed restriction on the property which relates to the proposed cross lot drainage as shown on the site plan. The deed restriction document shall be in a form 24 acceptable to the City Engineer and shall: 25 A. Clearly delineate the limits of the drainage course; OA B. State that the drainage course is to be maintained in perpetuity by the underlying 27 property owner; and 28 C. State that all future use of the property along the drainage course will not restrict, impede, divert or otherwise alter drainage flows in a manner that will result in DRBRESONO. 319 -9- ^r damage to the underlying and adjacent properties or the creation of a public 2 nuisance. 3 27. Prior to approval of any grading or building permits for this project, Developer shall cause Owner to give written consent to the City Engineer to the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street r Lighting and Landscaping District No. 1 and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be 6 on a form provided by the City Engineer. 7 Grading o 28. Upon completion of grading, Developer shall file an "as-graded" geologic plan with the City En^nejr. ThejrfanLjMl clejrly_§how all .the geology^ as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a 10 contour map which represents both the pre and post site grading. The plan shall be signed by both the soils engineer and the engineering geologist, and shall be submitted on a 24" x 36" mylar or similar drafting film format suitable for a permanent record. 12 29. Based upon a review of the proposed grading and the grading quantities shown on the site 13 plan, a grading permit for this project is required. Developer shall apply for and obtain a grading permit from the City Engineer prior to issuance of a building permit for the 14 project. Dedications/Improvements 16 30. Developer shall cause Owner to execute a covenant of easement for drainage purposes 17 as shown on the site plan. The obligation to execute and record the covenant of easement shall be shown and recording information called out on the site plan. Developer shall provide City Engineer with proof of recordation prior to issuance of building permit. 19 31. Additional drainage easements may be required. Developer shall dedicate and provide or 20 install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit. 21 32. Developer shall provide the design of all private streets and drainage systems to the satisfaction of the City Engineer. The structural section of all private streets shall conform 23 to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the City. Developer shall pay the standard improvement 24 plan check and inspection fees. 33. Developer shall execute and record a City standard Development Improvement ~,_ Agreement to install and secure with appropriate security as provided by law, public improvements shown on the site plan and the following improvements including, but not 27 limited to paving, base, sidewalks, curbs and gutters, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, and drainage curb outlets, to City 28 Standards to the satisfaction of the City Engineer. The improvements are: DRBRESONO. 319 -10- a) Curb, gutter and sidewalk fronting Lincoln Street 2 b) Underground of utility poles and wire on Lincoln Street property frontage, c) Installation of domestic and fire water services. 3 d) Installation of sewer lateral as needed. e) Installation of drainage curb outlet on Lincoln Street and Carlsbad Boulevard. 4 f) Street pavement and base on Lincoln Street frontage as needed between street centerline and proposed curb and gutter. g) Installation of driveway approach and replacement of driveway approach with curb and gutter on Carlsbad Boulevard A list of the above shall be placed on an additional map sheet on the Final Map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above shall be constructed within 18 months of approval of the subdivision or development Q improvemeiitjgreement or such other rime as provided in said agreement.y "" ' " "~ ~*-*~~~ •-- - —. —*- -~~- •—.•-- .*—«.•—~- -™, . 10 34. Prior to issuance of building permits, Developer shall underground all existing overhead utilities along and within the project boundary. 11 35. Developer shall have the entire drainage system designed, submitted to and approved by the City Engineer, to ensure that runoff resulting from 10-year frequency storms of 6 hours and 24 hours duration under developed conditions, are equal to or less than the runoff from a storm of the same frequency and duration under existing developed 14 conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results. 1 , 36. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit. Developer shall provide improvements constructed 17 pursuant to best management practices as referenced in the "California Storm Water Best Management Practices Handbook" to reduce surface pollutants to an acceptable level 18 prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: 20 A. All owners and tenants shall coordinate efforts to establish or work with 21 established disposal programs to remove and properly dispose of toxic and hazardous waste products. 22 B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain 24 or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet 25 Federal, State, County and City requirements as prescribed in their respective containers.26 27 C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 28 37. Prior to the issuance of grading permit or building permit, whichever occurs first, DRBRESONO. 319 -11- Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." 2 The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Storm water Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region 3 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: 6 a. identify existing and post-development on-site pollutants-of-concern; b. identify the hydrologic unit this project contributes to and impaired water bodies 7 that could be impacted by this project; c. recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the 9 maximum extenljH3dicablg.bej|^ d. establish specific procedures for handling spills and routine clean up. Special 10 considerations and effort shall be applied to employee education on the proper procedures for handling clean up and disposal of pollutants; e. ensure long-term maintenance of all post construct BMPs in perpetuity; and f. identify how post-development runoff rates and velocities from the site will not exceed the pre-development runoff rates and velocities to the maximum extent 13 practicable. 14 38. Prior to building permit or grading permit issuance, whichever occurs first Developer shall have design, apply for and obtain approval of the City Engineer, for the structural section for the access aisles with a traffic index of 5.0 in accordance with City Standards due to truck access through the parking area and/or aisles with an ADT greater than 500. The structural pavement design of the aisle ways shall be submitted together with 17 required R-value soil test information and approved by the City Engineer as part of the building or grading plan review whichever occurs first. 18 39. The developer shall process and receive approval of an adjustment plat to consolidate the four lots within the project boundaries into one lot. 20 40. Property owner shall enter into an encroachment agreement with the City for any private improvements proposed within the public right-of-way, including decorate pavement within driveway approaches. Encroachment Agreements shall be processed in accordance with City procedures and fees. 23 24 Water 41. Prior to approval of improvement plans or final map, Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be 27 considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. 28 DRBRESONO. 319 -12- 1 42. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges 2 for connection to public facilities. Developer shall pay the San Diego County Water Authority capacity charge(s) prior to issuance of Building Permits. 3 43. The Developer shall install potable water services and meters at a location approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. 6 44. The Developer shall install sewer laterals and clean-outs at a location approved by the District Engineer. The locations of sewer laterals shall be reflected on public 7 improvement plans. o 45. The Developer shall design and construct public water, sewer, and recycled water facilities^sufestantiaUy mjshown on Jke,JSite Plan tejthje_satisfaction of the District Engineer. Proposed public facilities shall be reflected on public improvement plans. 10 46. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the District Engineer has determined that adequate water and sewer facilities are available at the time of occupancy. 13 47. Prior to Final Map approval or issuance of building permits, whichever is first, the entire 14 potable water and sewer system shall be evaluated in detail to ensure that adequate capacity, pressure, and flow demands can be met to the satisfaction of the District Engineer. 16 48. The Developer shall submit a detailed sewer study, prepared by a Registered 17 Engineer, that identifies the peak flows of the project, required pipe sizes, depth of flow in pipe, velocity in the main lines, and the capacity of the existing infrastructure. Said study shall be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the District Engineer. 20 49. The Developer shall submit a detailed potable water study, prepared by a Registered Engineer that identifies the peak demands of the project (including fire flow demands). The study shall identify velocity in the main lines, pressure zones, and the required pipe sizes. Said study shall be submitted concurrently with the 23 improvement plans for the project and the study shall be prepared to the satisfaction of the District Engineer. 24 Code Reminders:25 ~c The project is subject to all applicable provisions of local ordinances, including but not limited to the following code requirements. 27 50. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 28 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by DRBRESONO. 319 -13- Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable 2 Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees and not paid, this 3 approval will not be consistent with the General Plan and shall become void. 51. The Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 6 52. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of final project approval. 7 53. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as,.oA.e]rwise specifically prpvidedhexein. 10 54. The project shall comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Building Code. . 2 55. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 13 56. Any signs proposed for this development shall at a minimum be designed in conformance 14 with the sign criteria contained in the Village Redevelopment Master Plan and Design Manual and shall require review and approval of the Housing and Redevelopment Director prior to installation of such signs. 16 57. Developer shall exercise special care during the construction phase of this project to 17 prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction 1 ° of the City Engineer. 19 20 21 22 23 24 25 26 27 28 DRBRESONO. 319 -14- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APFEYIto waiterand sewer connection fees aM 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 Design Review Board of the City of Carlsbad, California, held on the 7th day of March, 2007 by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Lawson, Board members Baker and Schumacher None Board members Hamilton and Whitton None i, ACTING CHAIRPERSON DESIGNyREVIEW BOARD ATTEST: DEBBIE FOUNTAIN HOUSING AND REDEVELOPMENT DIRECTOR DRBRESONO. 319 -15- 1 DESIGN REVIEW BOARD RESOLUTION NO. 320 2 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF COASTAL DEVELOPMENT PERMIT 4 NUMBER CDP 05-14 TO ALLOW THE DEMOLITION OF A HOTEL, RESTAURANT, AND SINGLE FAMILY RESIDENCE TO ALLOW FOR THE CONSTRUCTION OF A 3-STORY, 104- 6 ROOM HOTEL PROJECT LOCATED AT 3136 CARLSBAD BOULEVARD ON THE EAST SIDE OF CARLSBAD 7 BOULEVARD BETWEEN PINE AVENUE AND OAK AVENUE IN LAND USE DISTRICT 9 OF THE CARLSBAD 8 VILLAGE REDEVELOPMENT AREA, IN THE VILLAGE 9 REDEVELQPMEMLSEGMENT OF THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT 10 ZONE 1, INCLUDING A VARIANCE FOR A PORTION OF THE NORTH SIDE YARD SETBACK THAT IS BELOW THE 11 MINIMUM OF THE SETBACK STANDARD RANGE. CASE NAME: DKN HOTEL CASE NO.: CDP 05-14 13 WHEREAS, Dahya Bhai L. and Shantaben Patel, "Developer/Owner," has 14 filed a verified application with the Redevelopment Agency of the City of Carlsbad regarding 1 6 property described as 17 Portion of Block 18, Town of Carlsbad per Map No. 775, Recorded 2-15-1894 and Portion of Tract 100, Carlsbad Lands 18 per Map 1661, Recorded 3-1-1915, all in the City of Carlsbad, j 9 County of San Diego, State of California. APN 203-250-08 and 26-00 20 ("the Property"); and 21 WHEREAS, said verified application constitutes a request for a Coastal 23 Development Permit as shown on Exhibits "A-R" dated March 7, 2007, on file in the Housing 24 and Redevelopment Department, DKN HOTEL - RP 05-03/CDP 05-14 as provided by Chapter 25 21.81.040 of the Carlsbad Municipal Code; and 26 WHEREAS, the Design Review Board did, on the 7th day of March 2007, hold a 27 duly noticed public hearing as prescribed by law to consider said request; and 28 WHEREAS, at said public hearing, upon hearing and considering all testimony 2 and arguments, if any, of all persons desiring to be heard, said Board considered all factors 3 relating to the CDP. 4 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review 6 Board of the City of Carlsbad as follows: 7 A) That the foregoing recitations are true and correct. o B) That based on the evidence presented at the public hearing, the Board 9 RECOMMENDS APPROVAL of DKN HO1EL - CDP 05-14 based on the following findings and subject to the following conditions: 10 Findings; 11 1. That the portion of the proposed development within the Village Redevelopment Segment of the Local Coastal Program is in conformance with the Carlsbad Village 13 Area Redevelopment Plan and the Carlsbad Village Redevelopment Master Plan and Design Manual, which serve as the Certified Local Coastal Program for the 14 Village Redevelopment Segment of the City of Carlsbad Local Coastal Program and all applicable policies in that the development does not obstruct views or otherwise damage the visual beauty of the coastal zone, and no agricultural activities, sensitive j g resources, geological instability exist on the site. 17 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the development will not alter physical or visual access to 18 the shore. 19 3. The project is consistent with the provisions of the Coastal Resource Protection ~f. Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that no steep slopes, environmental resources or agricultural resources exist within the proposed 21 construction area, all grading will conform to the City's erosion control standards, and the site is not prone to landslides or susceptible to accelerated erosion, floods, or 22 liquefaction. 23 Conditions: 24 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of 25 building permits. 26 1. if any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City/Agency shall have the 28 right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of DRB RESO NO. 320 -2- occupancy issued under the authority of approvals herein granted; institute and prosecute 2 litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the 3 City's/Agency's approval of this Coastal Development Permit. ^ 2. Staff is authorized and directed to make, or require the Developer to make, all corrections c and modifications to the Coastal Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. 5 Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 7 3. The Developer shall submit to the Housing and Redevelopment Department a reproducible 24" x 36", mylar copy of the Coastal Development Permit reflecting the 9 conditions approvedby the final decision making hody^ „__ 10 4. This approval is granted subject to the approval of the Negative Declaration and RP 05- 03 and is subject to all conditions contained in Design Review Board Resolutions No. 319 and 321 for those other approvals and incorporated by reference herein. 12 5. The applicant shall apply for and be issued building permits for this project within 13 twenty-four (24) months of approval or this coastal development permit will expire unless extended per Section 21.81.160 of the Carlsbad Municipal Code. 14 , 6. Prior to the issuance of building permits, the applicant shall apply for and obtain a grading permit issued by the City Engineer. 16 7. The project site is located in an area that may contain soil material that is suitable 17 for beach sand replenishment. Prior to the issuance of a grading permit, and as part of the grading plan preparation, the developer shall test the soil material to be exported from the project site to determine the materials suitability for sand 19 replenishment. Material testing shall be conducted pursuant to the requirements of the Carlsbad Opportunistic Beach Fill Program (COBFP). If the material is deemed 20 suitable for beach replenishment pursuant to the guidelines established in the COBFP, the developer shall comply with the process outlined in the COBFP to 21 transport and place the beach quality material on the beach site identified in the 22 COBFP. The city may refuse the placement of the exported material on the beach, if it is determined that any aspect of the project does not comply with the provisions 23 of the COBFP (i.e. seasonal restrictions on beach fill activities, quantity and quality of the material, etc.). The COBFP prohibits placement of beach fill on the beach 24 during the summer season (between the last Monday in May, Memorial Day, and the first Monday in September, Labor Day); therefore, if project construction will result in the export of the soil material from the site occurring during this summer 25 timeframe, the requirements of this condition shall not apply, but may be voluntary if the developer chooses to store the exported material until placement of sand on 27 the beach is permitted per the COBFP. 28 DRB RESO NO. 320 -3- 1 NOTICE 2 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." 5 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 6 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 g annul their imposition. 9 You are herebyHFWRTHER- NOTIFIED that-your right-to protest-the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, 1 zoning, grading or other similar application processing or service fees in connection with this , j 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 12 expired. 13 PASSED, APPROVED AND ADOPTED at a regular meeting of the Design Review 14 Board of the City of Carlsbad, California, held on the 7th day of March, 2007, by the following 15 vote, to wit: 16 AYES: Chairperson Lawson, Board members Baker and Schumacher 18 NOES: None 19 ABSENT: Board members Hamilton and Whitton 20 ABSTAIN: None 21 22 23 TONYLAWSON, ACTING CHAIRPERSON DESIGNfllEVIEW BOARD24 If 25 ATTEST: 26 " 27 DEBBIE FOUNTAIN HOUSING AND REDEVELOPMENT DIRECTOR DRB RESO NO. 320 -4- 1 DESIGN REVIEW BOARD RESOLUTION NO. 321 2 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A NEGATIVE DECLARATION FOR MAJOR 4 REDEVELOPMENT PERMIT NUMBER RP 05-03 AND CDP 05-14 TO ALLOW THE DEMOLITION OF A HOTEL, RESTAURANT, AND SINGLE FAMILY RESIDENCE TO 6 ALLOW FOR THE CONSTRUCTION OF A 3-STORY, 104- ROOM HOTEL PROJECT LOCATED AT 3136 CARLSBAD 7 BOULEVARD ON THE EAST SIDE OF CARLSBAD BOULEVARD BETWEEN PINE AVENUE AND OAK 8 AVENUE IN LAND USE DISTRICT 9 OF THE CARLSBAD 9 VILLAGE REDEVELOPMENT .AREA,. . QLJEHE VILLAGE REDEVELOPMENT SEGMENT OF THE LOCAL COASTAL 10 PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 1, INCLUDING A VARIANCE FOR A PORTION OF 1! THE NORTH SIDE YARD SETBACK THAT IS BELOW THE MINIMUM OF THE SETBACK STANDARD RANGE FOR THE VILLAGE REDEVELOPMENT AREA. 13 CASE NAME: DKN HOTEL CASE NO: RP 05-03/CDP 05-14 14 WHEREAS, Dahya Bhai L. and Shantaben Patel, "Developer/Owner," has 1 g filed a verified application with the Redevelopment Agency of the City of Carlsbad regarding 17 property described as 18 Portion of Block 18, Town of Carlsbad per Map No. 775, 19 Recorded 2-15-1894 and Portion of Tract 100, Carlsbad Lands per Map 1661, Recorded 3-1-1915, all in the City of Carlsbad, 20 County of San Diego, State of California. APN 203-250-08 and 26-00 21 22 ("the Property"); and 23 WHEREAS, the Design Review Board did on the 7th day of March, 2007, hold a duly 24 noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing on the 7th day of March, 2007 and upon considering 26 all testimony and arguments, examining the initial study, analyzing the information submitted by 27 staff, and considering any written comments received, the Design Review Board considered all 28 factors relating to the Negative Declaration. 1 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review 2 Board as follows: 3 A. That the foregoing recitations are true and correct. 4 B. That based on the evidence presented at the public hearing, the Design Review Board hereby RECOMMENDS ADOPTION of the Negative 6 Declaration Exhibit "ND," dated March 7, 2007 according to Exhibits "NOI" dated December 28, 2006 and "PIT dated December 31, 2006, 7 attached hereto and made part hereof, based on the following findings: o Findings; 9 1. The Design Review Board of the City of Carlsbad does hereby find: 10 a. it has reviewed, analyzed and considered Negative Declaration (DKN HOTEL - RP 05-03) the environmental impacts therein identified for this project and said 12 comments thereon, on file in the Housing and Redevelopment Department, prior to RECOMMENDING APPROVAL of the project; and 13 b. the Negative Declaration has been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and 16 c. reflects the independent judgment of the Design Review Board of the City of Carlsbad; and 17 d. based on the EIA Part II and comments thereon, the Design Review Board finds that there is no substantial evidence the project will have a significant effect on 19 the environment. 20 21 22 23 24 25 26 27 28 DRBRESONO. 321 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design Review Board of the City of Carlsbad, California, held on the 7th day of March, 2007 by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Lawson, Board members Baker and Schumacher None Board members Hamilton and Whitton None TONTLAWSON, ACTING CHAIRPERSON DESIGN REVIEW BOARD ATTEST: ( v -—~-<*X/fyii DEBBIE FOUNTAI HOUSING AND REDEVELOPMENT DIRECTOR DRBRESONO. 321 -3- EXHIBIT 6 1 PLANNING COMMISSION RESOLUTION NO. 6254 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING ADOPTION OF A NEGATIVE DECLARATION FOR A 4 GENERAL PLAN AMENDMENT, ZONE CHANGE, LOCAL COASTAL PROGRAM AMENDMENT, COASTAL DEVELOPMENT PERMIT AND SITE DEVELOPMENT 6 PERMIT, FOR THE DEMOLITION OF A HOTEL, RESTAURANT, AND SINGLE FAMILY RESIDENCE AND 7 FOR THE CONSTRUCTION OF A 3-STORY, 104-ROOM HOTEL PROJECT LOCATED AT 3136 CARLSBAD 8 BOULEVARD ON THE EAST SIDE OF CARLSBAD o BOULEVARD BETWEEN PINE AVENUE AND OAK AVENUE IN LAND USE DISTRICT 9 OF THE CARLSBAD 10 VILLAGE REDEVELOPMENT AREA, IN THE VILLAGE REDEVELOPMENT AND MELLO II SEGMENTS OF THE 11 LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 1. 12 CASE NAME: DKN HOTEL ! 3 CASE NO.: GPA 05-05/ZC 05-02/LCPA 05-02/ CDP 05-14/SDP 05-04 14 WHEREAS, Dahya Bhai L. and Shantaben Patel, "Developer/Owner," has , 6 filed a verified application with the City of Carlsbad regarding property described as 17 Portion of Block 18, Town of Carlsbad per Map No. 775, Recorded 2-15-1894 and Portion of Tract 100, Carlsbad Lands 18 per Map 1661, Recorded 3-1-1915, all in the City of Carlsbad, County of San Diego, State of California. APN 203-250-08 and 19 26-00 20 ("the Property"); and 21 WHEREAS, a Negative Declaration was prepared in conjunction with said 22 23 project; and 24 WHEREAS, the Planning Commission did on the 7th day of March, 2007, hold a 25 duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony 27 and arguments, examining the initial study, analyzing the information submitted by staff, and 28 considering any written comments received, the Planning Commission considered all factors relating to the Negative Declaration. ^2 cr 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission as follows: 3 A) That the foregoing recitations are true and correct. 4 , B) That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS ADOPTION of the Negative Declaration, Exhibit "ND," dated March 7, 2007 according to Exhibits "NOI" dated December 28, 2006, and "PII" dated December 21, 2006, attached hereto and 7 made a part hereof, based on the following findings: o Findings: 9 1. The Planning Commission of the City of Carlsbad does hereby find: 10 it has reviewed, analyzed, and considered the Negative Declaration DKN Hotels - 11 GPA 05-05/ZC 05-02/LCPA 05-02/CDP 05-14/SDP 05-047 the environmental impacts therein identified for this project and any comments thereon prior to 12 RECOMMENDING APPROVAL of the project; and 13 b. the Negative Declaration has been prepared in accordance with requirements of 14 the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and 1,- c. it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and 17 d. based on the EIA Part II and comments thereon, there is no substantial evidence 18 the project will have a significant effect on the environment. 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6254 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 7th day of March, 2007, by the following vote, to wit: AYES: NOES: Chairperson Baker, Commissioners Cardosa, Dominguez, Douglas, Montgomery, and Segall None ABSENT: Commissioner Whitton ABSTAIN: None V : ER, ChaiER, Chairperson PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6254 -3- City of Carlsbad Planning Department NEGATIVE DECLARATION CASE NAME: DKN Hotels CASE NO: GPA 05-05/ZC 05-02/LCPA 05-02/RP 05-03/SDP 05-04/CDP 05-14 PROJECT LOCATION: On the east side of Carlsbad Boulevard and west side of Lincoln Street between Oak Avenue and Pine Avenue. 3136 Carlsbad Boulevard, 203-250-08 and 26. Carlsbad . San Diego County. PROJECT DESCRIPTION: A General Plan Amendment of the Land Use Element to change the Land Use from Residential High to Travel/Recreation Commercial, a Zone Change from Multiple Residential Family Zone (R-3) to Tourist Commercial (C-T) on a portion of the project, a Local Coastal Program Amendment to change the Land Use and Zoning, and a Redevelopment Permit, Site Development Permit and Coastal Development permit for the demolition of an existing 28 unit motel, a 1125 square foot restaurant and single family residence for the construction of a 104 unit, three story hotel with two underground levels of parking for 125 vehicles on a .84 acre parcel. DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) did not identify any potentially significant impacts on the environment, and the City of Carlsbad finds as follows: [X] The proposed project COULD NOT have a significant effect on the environment. I | The proposed project MAY have "potentially significant impact(s)" on the environment, but at least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. (Negative Declaration applies only to the effects that remained to be addressed). I I Although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. A copy of the initial study (EIA Part 2) documenting reasons to support the Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. ADOPTED:, pursuant to City Council Resolution No. ATTEST: DON NEU Assistant Planning Director 3B. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 » (760) 602-4600 • FAX (760) 602-8559 « www.ci.carlsbad.ca.us City of Carlsbad Planning Department NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION CASE NAME: DKN Hotels CASE NO: GPA 05-05/ZC 05-02/LCPA 05-02/RP 05-03/SDP 05-04/CDP 05- 14 PROJECT LOCATION: On the east side of Carlsbad Boulevard and west side of Lincoln Street between Oak Avenue and Pine Avenue. 3136 Carlsbad Boulevard, 203-250-08 and 26. Carlsbad , San Diego County. PROJECT DESCRIPTION: A General Plan Amendment of the Land Use Element to change the Land Use from Residential High to Travel/Recreation Commercial, a Zone Change from Multiple Residential Family Zone (R-3) to Tourist Commercial (C-T) on a portion of the project, a Local Coastal Program Amendment to change the Land Use and Zoning, and a Redevelopment Permit, Site Development Permit and Coastal Development permit for the demolition of an existing 28 unit motel, 1125 square foot restaurant and a single family residence for the construction of a 104 unit, three story hotel with two underground levels of parking for 125 vehicles on a .84 acre parcel. PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) did not identify any potentially significant impacts on the environment. Therefore, a Negative Declaration will be recommended for adoption by the City of Carlsbad City Council. A copy of the initial study (EIA Part 2) documenting reasons to support the proposed Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited. Please submit comments in writing to the Planning Department within 30 days of the date of this notice. The proposed project and Negative Declaration are subject to review and approval/adoption by the City of Carlsbad Planning Commission and City Council. Additional public notices will be issued when those public hearings are scheduled. If you have any questions, please call van Lynch in the Planning Department at (760) 602-4613 or Cliff Jones in the Village Redevelopment Office at 434-2813. PUBLIC REVIEW PERIOD December 28, 2006 through January 27. 2007 PUBLISH DATE December 28, 2006 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ENVIRONMENTAL IMPACT ASSESSMENT FORM - INITIAL STUDY CASE NO: GPA 05-05/ZC 05-02/LCPA 05-02/RP 05-Q3/ SDP 05-047 CDP 05-14 DATE: December 21.2006 BACKGROUND 1. CASE NAME: DKN - Marriott 2. LEAD AGENCY NAME AND ADDRESS: City of Carlsbad 3. CONTACT PERSON AND PHONE NUMBER: Cliff Jones (760) 434-2813. Van Lynch (760) 602-4613 4. PROJECT LOCATION: The project is located at 3136 Carlsbad Boulevard, on the east side of Carlsbad Boulevard between Pine Avenue and Oak Avenue. Carlsbad, San Diego County. 203-250-08.26 5. PROJECT SPONSOR'S NAME AND ADDRESS: DKN Hotels. 540 Golden Circle Drive #214. Santa Ana. CA 92705 6. GENERAL PLAN DESIGNATION: Village (V). and Residential High (Rlfl that is proposed to change to Travel/Recreation Commercial (TR). 7. ZONING: Village Redevelopment (V-R), and Residential (R-3) that is proposed to change to Commercial Tourist (C-T). 8. OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, financing approval or participation agreements): California Coastal Commission 9. PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND USES: The proposed project involves a General Plan Amendment. Zone Change, Local Coastal Program Amendment. Major Redevelopment Permit Site Development Plan and Coastal Development Permit for the demolition of an existing 28 room hotel. 1125 square foot Restaurant and a single family residence to allow for the construction of a three story 104 room hotel with underground parking. The General Plan Amendment is to change the Land Use designation from Residential High density (RH) to Travel/Recreation Commercial (TR) on the easterly portion of the project. The project site consists of two parcels (203-250-08 & 203-250-26) totaling .84 acres. The site is in an urbanized area and is located on the east side of Carlsbad Boulevard between Pine Avenue and Oak Avenue. The project proposes to construct a Marriott - Spring Hill Suites hotel on the site. The hotel will contain 104 rooms and suites totaling 62.354 square feet. 125 underground parking spaces are proposed, and automobile access will take access via Carlsbad Boulevard. There will be "loading only" access via Lincoln Street for trash service. The two parcels are currently occupied by the Surf Motel. The Armenian Cafe, and a single family dwelling. These structures will be demolished, removed and replaced with the proposed Marriott. The site is located within Local Facilities Management Plan (LFMP) Zone 1 in the northwest quadrant of the City of Carlsbad and in the Mello I and Redevelopment Area segments of the Local Coastal Program. Surrounding properties include a 7-11 convenience store to the north, multi-family Rev. 02/22/06 dwellings to the south, multi-family units to the east and a Carlsbad Inn Beach Resort hotel to the west. Rev. 02/22/06 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" as indicated by the checklist on the following pages. Aesthetics Agricultural Resources Air Quality Biological Resources Cultural Resources J Geology/Soils Noise Hazards/Hazardous Materials LJ Population and Housing Hydro logy/Water Quality Land Use and Planning Mineral Resources Mandatory Findings of Significance Public Services Recreation Transportation/Circulation Utilities & Service Systems Rev. 02/22/06 DETERMINATION. (To be completed by the Lead Agency) /\1 I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have "potentially significant impact(s)" on the environment, but at least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. A Negative Declaration is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. Date Planning Director's Signature Date Rev. 02/22/06 U3 ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment (EIA) to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. • A brief explanation is required for all answers except "No Impact" answers that are adequately supported by an information source cited in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A "No Impact" answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. • "Less Than Significant Impact" applies where there is supporting evidence that the potential impact is not significantly adverse, and the impact does not exceed adopted general standards and policies. • "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. • "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significantly adverse. • Based on an "ElA-Initial Study", if a proposed project could have a potentially significant adverse effect on the environment, but all potentially significant adverse effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required. • When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an EIR if the significant adverse effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a "Statement of Overriding Considerations" has been made pursuant to that earlier EIR. • A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant adverse effect on the environment. • If there are one or more potentially significant adverse effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce adverse impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate "Potentially Significant Impact Unless Mitigation Incorporated" may be checked and a Mitigated Negative Declaration may be prepared. Rev. 02/22/06 • An EIR must be prepared if "Potentially Significant Impact" is checked, and including but not limited to the following circumstances: (1) the potentially significant adverse effect has not been discussed or mitigated in an earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the adverse impact to less than significant; (2) a "Statement of Overriding Considerations" for the significant adverse impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the adverse impact to less than significant; or (4) through the EIA-Initial Study analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears after each related set of questions. Particular attention should be given to discussing mitigation for impacts, which would otherwise be determined significant. Rev. 02/22/06 AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact a) Less Than Significant Impact. Existing Condition: The subject site is currently developed with the 28 room Surf Motel, a restaurant and a single family home. The site is visible from Carlsbad Boulevard to the west. Carlsbad Boulevard is considered a Community Theme Corridor in the City of Carlsbad General Plan, and the site is currently landscaped according to the standards of the Carlsbad Scenic Corridor Guidelines Manual. Environmental Evaluation: The subject project will be visible to drivers and pedestrians on Carlsbad Boulevard. Landscaping along Carlsbad Boulevard will help soften and screen the project from motorists. The proposed project is one three story building, which will have a maximum height of 42.83 feet. This height is consistent with the development standards for the area. Finding: Less than significant impact - The proposed project will replace the existing 28'room Surf Motel, restaurant and a single family residential uses. The new structure will not significantly impact the viewshed from either the surrounding uses or from Carlsbad Boulevard. Temporary aesthetic impacts associated with construction of the project will not be significant. Therefore, the project will not have a significant impact on any scenic vista. b) No Impact. Existing condition: The subject site is currently developed with the 28 room Surf Motel, a restaurant and a single family home. No historic buildings, are located in or adjacent to the site. The site is not located within the viewshed of a State scenic highway or any State highway that is designated by CalTrans as eligible for listing as a scenic highway. Environmental Evaluation: Since no trees, rock outcroppings or historic buildings, and no State scenic highways are in the vicinity of the proposed project, no significant impact to such resources is anticipated. Finding: No impact - The site is not within the viewshed of a state scenic highway or any state highway that is designated by CalTrans as eligible for listing. Please also refer to the preceding response. Rev. 02/22/06 c) No Impact. Existing condition: The subject site is currently developed with the 28 room Surf Motel, a restaurant and a single family home. Environmental Evaluation: Permanent visual impacts of the proposed project will involve the construction of a three-story hotel. Temporary impacts associated with construction will be short-term and not significant. A hotel currently occupies the site. No impacts to open spaces will be caused by the proposed project. Therefore, it is concluded that the project will not substantially degrade the existing visual character or quality of the site and its surroundings. Finding: No impact - Please also refer to response I(a), above. d) No Impact. Existing condition: The subject area presently contains exterior building mounted and parking area lights for the 28 room Surf Motel. Environmental Evaluation: The proposed project presently contains exterior building mounted and parking area lights. The proposal will not significantly change the lighting characteristics of the existing building. The project will submit a lighting plan to the Planning Department as part of the approval process. Finding: No impact- It is concluded that the proposed project will not result in a new source of significant light and glare and will not significantly affect day or nighttime views in the area. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated II. AGRICULTURAL RESOURCES - (In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model-1997 prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland.) Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? a) No Impact. Existing condition: The subject site is currently developed. There is no farmland on the site. Environmental Evaluation: The proposed project will not impact farmland. Finding: No impact - The project site is currently developed and no farmland exists. Less Than Significant No Impact Impact Kl [X] Rev. 02/22/06 147 b) No Impact. Existing condition: See Ha above. Environmental Evaluation: See Ha above. Finding: No impact - See Ha above. c) No Impact. Existing condition: See Ha above. Environmental Evaluation: See Ha above. Finding: No impact - See Ha above. III. AIR QUALITY - (Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.) Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact Rev. 02/22/06 a) No Impact. The project site is located in the San Diego Air Basin which is a state non-attainment area for ozone (O3) and for paniculate matter less than or equal to 10 microns in diameter (PM|0). The periodic violations of national Ambient Air Quality Standards (AAQS) in the San Diego Air Basin (SDAB), particularly for ozone in inland foothill areas, requires that a plan be developed outlining the pollution controls that will be undertaken to improve air quality. In San Diego County, this attainment planning process is embodied in the Regional Air Quality Strategies (RAQS) developed jointly by the Air Pollution Control District (APCD) and the San Diego Association of Governments (SANDAG). A Plan to meet the federal standard for ozone was developed in 1994 during the process of updating the 1991 state- mandated plan. This local plan was combined with plans from all other California non-attainment areas having serious ozone problems and used to create the California State Implementation Plan (SIP). The SIP was adopted by the Air Resources Board (ARE) after public hearings on November 9th through 10th in 1994, and was forwarded to the Environmental Protection Agency (EPA) for approval. After considerable analysis and debate, particularly regarding airsheds with the worst smog problems, EPA approved the SIP in mid-1996. The proposed project relates to the SIP and/or RAQS through the land use and growth assumptions that are incorporated into the air quality planning document. These growth assumptions are based on each city's and the County's general plan. If a proposed project is consistent with its applicable General Plan, then the project presumably has been anticipated with the regional air quality planning process. Such consistency would ensure that the project would not have an adverse regional air quality impact. Section 15125(B) of the State of California Environmental Quality Act (CEQA) Guidelines contains specific reference to the need to evaluate any inconsistencies between the proposed project and the applicable air quality management plan. Transportation Control Measures (TCMs) are part of the RAQS. The RAQS and TCM plan set forth the steps needed to accomplish attainment of state and federal ambient air quality standards. The California Air Resources Board provides criteria for determining whether a project conforms with the RAQS which include the following: • Is a regional air quality plan being implemented in the project area? • Is the project consistent with the growth assumptions in the regional air quality plan? The project area is located in the San Diego Air Basin, and as such, is located in an area where a RAQS is being implemented. The project is consistent with the regional air quality plan and will in no way conflict or obstruct implementation of the regional plan. b) Less Than Significant Impact. The closest air quality monitoring station to the project site is at Camp Pendleton. Data available for this monitoring site from 2000 through December 2004, indicate that the most recent air quality violations recorded were for the state one hour standard for ozone (a total of 10 days during the 5-year period). No other violations of any air quality standards have been recorded during the 5-year time period. The project would involve minimal short-term emissions associated with grading and construction. Such emissions would be minimized through standard construction measures such as the use of properly tuned equipment and watering the site for dust control. Long-term emissions associated with travel to and from the project will be minimal. Although air pollutant emissions would be associated with the project, they would neither result in the violation of any air quality standard (comprising only an incremental contribution to overall air basin quality readings), nor contribute substantially to an existing or projected air quality violation. Any impact is assessed as less than significant. c) Less Than Significant Impact. The air basin is currently in a state non-attainment zone for ozone and suspended fine particulates. The proposed project would represent a contribution to a cumulatively considerable potential net increase in emissions throughout the air basin. As described above, however, emissions associated with the proposed project would be minimal. Given the limited emissions potentially associated with the proposed project, air quality would be essentially the same whether or not the proposed project is implemented. According to the CEQA Guidelines Section 15130(a)(4), the proposed project's contribution to the cumulative impact is considered de minimus. Any impact is assessed as less than significant. 10 Rev. 02/22/06 d) No impact. As noted above, the proposed project would not result in substantial pollutant emissions or concentrations. In addition, there are no sensitive receptors (e.g., schools or hospitals) located in the vicinity of the project. No impact is assessed. e) No Impact. The construction of the proposed project could generate fumes from the operation of construction equipment, which may be considered objectionable by some people. Such exposure would be short-term or transient. In addition, the number of people exposed to such transient impacts is not considered substantial. IV. BIOLOGICAL RESOURCES - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact 11 Rev. 02/22/06 a) No Impact. Existing condition: The subject site is currently developed with the 28 room Surf Motel, a restaurant and a single family home. Environmental Evaluation: The proposed project will replace an existing motel use. The site is fully developed and there are no special status, candidate or sensitive biological species on site. Finding: No Impact - No direct impacts to sensitive vegetation protected by CDFG and/or USFWS will occur through implementation of the subject project. b) No Impact. Existing condition: Please refer to explanation of existing condition Section IV(a). No impacts are anticipated. Environmental Evaluation: No permanent impacts to wetlands vegetation would result from implementation of the project. Finding: No Impact - No direct impacts to sensitive vegetation protected by CDFG and/or USFWS will occur through implementation of the subject project. c) No Impact. Existing condition: The subject site is currently developed with the 28 room Surf Motel, a restaurant and a single family home. No direct filling, hydrological interruption or other impacts to "waters of the U.S." will take place due to the implementation of the subject project. Environmental Evaluation: No impact to wetlands or "waters" is anticipated from the project. Finding: No impact - The project site does not contain any federally protected wetlands or "waters" as defined by Section 404 of the Clean Water Act. d) No Impact. Existing condition: Please refer to existing condition response IV(a). Environmental Evaluation: Please refer to existing condition response IV(a). Finding: No impact - The subject property is an already developed with commercial and residential buildings in an urbanized area. e) No Impact. Existing condition: The City of Carlsbad has no adopted tree preservation policy or ordinance which would affect the subject project. In addition, the subject property is an already developed with commercial and residential buildings in an urbanized area. Environmental Evaluation: The subject project will not impact trees or other biological resources protected by policy or ordinance. Finding: No impact-No tree preservation impacts will result from implementation of the project. 0 No Impact. Existing condition: The subject site is currently developed with the 28 room Surf Motel, a restaurant and a single family home. Environmental Evaluation: The proposed use is located in an urban area and is consistent with the Habitat Management Plan which identifies that area as urbanized. Finding: No impact - The proposed project is consistent with the City of Carlsbad Habitat Management Plan. 12 Rev. 02/22/06 V. CULTURAL RESOURCES - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the signifi- cance of an archeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique pale ontological resource or site or unique geologic feature? Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated Less Than Significant No Impact Impact d) Disturb any human remains, including those interred outside of formal cemeteries? a)-d) No Impact. Existing condition: The subject site is currently developed with the 28 room Surf Motel, a restaurant and a single family home. Environmental Evaluation: No impacts to historical, archeological, or geological resources will result from implementation of the proposed project. Finding: No impact - The subject site is currently developed and demolition will not result in impacts to historical resources. No historical resources have been identified on the site or within the vicinity of the project; and therefore no impacts to historical, archeological, or geological resources will result from construction of the project. VI. GEOLOGY AND SOILS - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact 13 Rev. 02/22/06 iii. Seismic-related ground failure, including liquefaction? iv. Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? d) Be located on expansive soils, as defined in Table 18 - 1-B of the Uniform Building Code (1997), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Less Than Significant Impact. Existing condition: The project area is situated in the western portion of the Peninsular Ranges geomorphic province of southern California. This geomorphic province encompasses an area that extends 125 miles from the Transverse Ranges and the Los Angeles Basin, south to the Mexican border, and-beyond another 775 miles to the southern tip of Baja California. The westernmost portion of the province in San Diego County, in which the site is located, generally consists of Upper Cretaceous, Tertiary and Quaternary age sedimentary rocks. The most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the north San Diego County area, indicates that the project is considered to be in a seismically active area, as is most of southern California. This map however, indicates that the subject site is not underlain by known active faults, nor is there evidence of ground displacement in the area during the last 1 1,000 years. The Newport-Inglewood fault zone is the closest known fault, which is the onshore portion of an extensive fault zone that includes the Offshore Zone of Deformation and the Rose Canyon fault to the north of the subject site. This fault zone, located approximately four miles westerly of the subject site, is made of predominately right- lateral strike-slip faults that extend south-southeast through the San Diego metropolitan area. The zone extends offshore at La Jolla, and continues north-northwest generally parallel to the coastline. Portions of the Rose Canyon fault zone in the San Diego area have been recognized by the State Geologist to be considered active. Additionally, the Julian and Temecula segments of the Elsinore fault zone, about 23 miles to the northeast of the subject site are also referenced in the Division of Mines and Geology Special Publication 42. Environmental Evaluation: No active faults have been mapped across the project site. The closest fault is located approximately four miles westerly of the site. The Elsinore fault zone is located approximately 25 miles east of the site, and the Coronado Bank fault is located approximately 20 miles west of the site. The potential for rupture resulting from earthquake is considered to be low. The subject site is not within a fault-rupture hazard zone as indexed in the Division of Mines and Geology Special Publication 42. Because of the lack of known active faults on the site, the potential for surface rupture at the site is considered low. The seismic hazard most likely to impact the site is ground shaking resulting from an earthquake on one of the active regional faults discussed above. Finding: Less than significant impact - The project site is not within a fault-rupture hazard zone as determined in the geotechnical report (Addendum No. 1, Preliminary Geotechnical Investigation, DKN Hotels, Leighton Consulting, Inc, November 23, 2005), and as indexed in the Division of Mines and Geology Special Publication 42; therefore the project would not expose people or structures to potential substantial adverse effects. 14 Rev. 02/22/06 Less Than Significant Impact. Existing condition: Southern California is recognized as a seismically-active area. As indicated in the response to Item VI(a)(i), the Newport-Ingle wood fault zone is the closest known fault, located approximately four miles westerly of the subject site. This fault is made of predominately right-lateral strike-slip faults that extend south-southeast through the San Diego metropolitan area. The second-closest active area of potential ground motion is the Julian and Temecula segments of the Elsinore fault zone, located 23 miles to the northeast of the subject site. No other known active faults are located within the vicinity of the project. The most significant seismic event likely to affect the proposed facilities would be a maximum moment magnitude 7.1 earthquake along the Newport-Inglewood Fault Zone, which could produce an estimated horizontal peak ground acceleration of .37g at the site. Environmental Evaluation: The project site will likely be subject to ground shaking in response to either a local moderate or more distant large-magnitude earthquake. Seismic risk at the site is comparable to the risk for the San Diego area in general. The closest source to the site for ground motion, and the source that would produce the greatest ground acceleration at the site, is the Newport-Inglewood fault zone, about four miles west, and potentially the Julian and Temecula segments of the Elsinore fault zone, about 23 miles to the northeast of the project site. Finding: Less than significant impact -Earthquake faults exist within Southern California, including three fault zones within 23 miles of the site. Historical records have indicated however, that the risk of strong seismic ground shaking of the project site is minimal, and thus is considered a less than significant impact. The building will be constructed following the Uniform Building Code standards that are in effect at the time of construction to minimize the effects of strong seismic ground shaking during a seismic event. a)iii. Less Than Significant Impact. Existing condition: Liquefaction of soils with minimal cohesion can be caused by strong vibratory motion due to earthquakes. Research indicates that loose granular soils and silts that are saturated by a relatively shallow groundwater table are most susceptible to liquefaction. The site is currently fully developed with an existing motel, restaurant, and a single family home. Environmental Evaluation: The site is currently developed fully and the proposed project will replace the existing building. The new building will be constructed following the Uniform Building Code standards in effect at the time of construction to minimize the effects of liquefaction during a seismic event. Leighton Consulting (Addendum No. 1, Preliminary Geotechnical Investigation, DKN Hotels, Leighton Consulting, Inc, November 23, 2005) indicates that the on-site soils are not considered liquefiable due to their relatively dense condition and absence of a shallow ground water condition. Finding: Less than significant impact - The potential for liquefaction or seismically induced settlement in the vicinity of the proposed improvements is considered to be very low due to the nature of the underlying soil formation and the lack of groundwater near the surface. a)iv. No Impact. Existing condition: No landslides have been identified as having the potential to damage or affect the proposed project facilities. Environmental Evaluation: No landslides are anticipated to affect the proposed project development improvements. Finding: No impact - No landslides are anticipated to affect the proposed project. 15 Rev. 02/22/06 b) Less Than Significant Impact. Existing condition: The subject site is currently developed with the 28 room Surf Motel, a restaurant and a single family home site. Environmental Evaluation: The existing motel, restaurant, and home will be replaced by a new three-story hotel. During the finish grading, the exposure of soils would lead to an increased chance for the erosion of soils from the site. Such grading will follow best management practices for the control of erosion, such as straw bale or sandbag barriers, silt fences, slope roughening, and outlet protection in exposed areas. Finished grades will be promptly hydroseeded or otherwise protected as required per the adopted City Grading Ordinance. If necessary, temporary slope cover such as jute matting or mulch will be applied to newly graded slopes to reduce the impact to soil erosion or the loss of topsoil to a level of less than significant. Finding: Less than significant impact - It is concluded that impacts to soil erosion or the loss of topsoil will be less than significant, because the project is required to comply with the erosion control requirements of the City of Carlsbad grading ordinance. c) Less Than Significant Impact. Existing condition: Please refer to existing condition VI(a)(i, ii, and iii). Environmental Evaluation: Please refer to evaluation VI(a)(i, ii, and iii). Finding: Less than significant impact - Please refer to response VI(a)(i, ii, and iii). d) No Impact. Existing condition: Preliminary geotechnical evaluation of the subject site indicates that the site is underlain by Quaternary-aged Terrace Deposits which overlies the Tertiary-aged Santiago Formation. The Quaternary-aged Terrace Deposits are encountered at shallow depths and consist of orange-brown, damp to slightly moist, medium dense to very dense silty fine to medium grained sands. The Tertiary-aged Santiago Formation underlies the entire site at depth and generally consists of light brown to light gray silty sandstones. Environmental Evaluation: Expansion testing indicated that the Quaternary-aged Terrace Deposits as having "very low" to "low" expansion potential. The soil should be prepared and compacted as directed in the Geotechnical Investigation by Leighton Associates, and footings/slabs for all buildings should be constructed as directed in Leighton's report. Finding: No impact - As a result of proper grading, compaction and foundation work, the project will not be subject to adverse soil expansion tendencies. e) No Impact. Existing condition: Sewers are available for the proposed project. Environmental Evaluation: The proposed project will utilize access to the existing sewage trunk line serving the property. As a result, no septic tanks or alternative wastewater disposal system facilities are proposed. Finding: No impact - No septic tanks or alternative sewage disposal systems are included in the project description. 16 Rev. 02/22/06 VII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? e) For a project within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact 17 Rev. 02/22/06 a) Less Than Significant Impact. Existing condition: During construction of the proposed project, construction materials such as petroleum products, paint, oils and solvents will be transported and used on the site. Upon completion of construction of the project, some use of hazardous cleaning products on the site may occur. Other than during this construction phase, the project will not routinely utilize hazardous substances or materials. Environmental Evaluation: There is no evidence of chemical surface staining, or hazardous materials/waste and/or petroleum contamination on the site. Construction of the proposed project will involve operation of heavy machinery, which utilizes petroleum products, paint, oils and solvents. No permanent use of such hazardous materials is anticipated except for some cleaning products used within normal business operations. All transport, handling, use, and disposal of any cleaning substances will comply with all federal, state, and local laws regulating the management and use of such materials. Finding: Less than significant impact- It is concluded that the routine amount of hazardous materials utilized during the construction period is not significant, and therefore the impact to the public or the environment through the routine transport, use, or disposal of hazardous materials is less than significant. b) No Impact. Existing condition: Please refer to the preceding existing condition response. Environmental Evaluation: No significant hazard involving the release of hazardous material into the environment would be anticipated since only regularly used cleaning materials will be utilized, only in normal instances. Finding: No impact - Please refer the response to Section VII(b). No extraordinary risk of accidental explosion or the release of hazardous substances is anticipated with construction, development, and implementation or operation of the proposed project. c) No Impact. Existing condition: The subject project site is not located within one-quarter mile of an existing or proposed school. Environmental Evaluation: The subject project site is not located within one-quarter mile of an existing or proposed school. Finding: No impact — Due to the fact that the proposed project site is not located within one-quarter mile of an existing or proposed school. d) No Impact. Existing condition: The subject site is not included on a list of hazardous materials sites (Federal database) compiled pursuant to Government Code Section 56962.5. Environmental Evaluation: The subject site is not included on a list of hazardous materials sites (Federal database) compiled pursuant to Government Code Section 56962.5. In addition, it is not on the EPA database of current and potential Superfund sites currently or previously under investigation. Also, to the best of EPA's knowledge, it has been determined that no steps will be taken to list this site on the National Priorities List (NPL). It is not on any list of registered hazardous waste generators, or on a database of sites which treat, store, dispose of, or incinerate hazardous waste. Finding: No impact - The subject property is not included on any list of hazardous materials, and has no known previous use history that would involve the use or storage of hazardous materials. 18 Rev. 02/22/06 e) No Impact. Existing condition: The subject site is located approximately 4 miles northwest of the McClellan-Palomar Airport runway. The site is not located in the Airport Influence Area of the Comprehensive Land Use Plan for McClellan-Palomar Airport (CLUP), adopted April, 1994, prepared by the San Diego Association of Governments (SANDAG). Environmental Evaluation: The site is not located within an airport land use plan. Finding: No impact - The project is not located within an airport land use plan and therefore will have no impact on the safety of people residing or working in the project area. 0 No Impact. Existing condition: No private airstrip exists in the vicinity of the subject project. Environmental Evaluation: The project is not within the vicinity of a private airstrip. Finding: No impact - The project is not within the vicinity of a private airstrip. g) No Impact. Existing condition: The subject site is currently developed with the 28 room Surf Motel, a restaurant and a single family home. Environmental Evaluation: Neither construction nor operation of the proposed hotel will significantly affect, block, or interfere with traffic on public streets, including any streets that would be used for an emergency response plan or emergency evacuation plan. No emergency response or evacuation plan directs evacuees through the project. Finding: No impact - No improvements are proposed by the project in any area which would physically interfere with an adopted emergency response plan or emergency evacuation plan. h) No Impact. Existing condition: The proposed project site currently consists of a motel, restaurant and a single family home. Environmental Evaluation: The proposed project site is surrounded on all four sides by development and as a result will not have any significant exposure to wildland fires. Finding: No impact - The subject property will not expose people or structures to wildland fires. The site is surrounded by development on all four sides. VIII. HYDROLOGY AND WATER QUALITY - Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact 19 Rev. 02/22/06 c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off- site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the flow rate or amount (volume) of surface runoff in a manner, which would result in flooding on- or off- site? e) Create or contribute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? h) Place within 100-year flood hazard area structures, which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? a) Less Than Significant Impact. . Existing condition: The subject project is required by law to comply with all federal, state and local water quality regulations, including the Clean Water Act, California Administrative Code Title 23, and specific basin plan objectives identified in the "Water Quality Control Plan for the San Diego Basin. The subject property is a fully developed motel, restaurant, and a single family home that will be demolished and replaced with a three-story hotel. The site currently generates runoff due to its paved surfaces. The Water Quality Control Plan for the San Diego Basin identifies specific objectives for the Carlsbad Hydrologic Unit. These objectives include the requirement to comply with National Pollutant Discharge Elimination System (NPDES) Best Management Practices (BMPs). Environmental Evaluation: After development, there will not be an increase in runoff from the study area. The site will be fully paved and have up to date water management practices in effect. Application, certification and compliance with an NPDES permit for implementation of the subject project will ensure that water quality exiting the subject site will be maintained to a level of acceptability. Finding: Less than significant impact - The proposed project could result in temporary degradation of water quality if it does not demonstrate compliance with all federal, state, and local regulations for water quality. The project proponent shall adhere to applicable RWQCB regulations for control of sedimentation and erosion, including the installation of temporary detention basins or other means of stabilization or impoundment required by the State Water Resources Control Board. All exposed graded areas shall be treated with erosion control pursuant to City of Carlsbad erosion control standards, including hydroseed, berms, desiltation basins, jute matting, sandbags, bladed ditches, or other appropriate methods. Other Best Management Practices (BMPs) will be utilized. 20 Rev. 02/22/06 b) Less Than Significant Impact. Existing condition: Geotechnical test borings by Leighton Consulting, excavated for the subject project, indicated that ground-water was encountered at depths of 33 to 35 feet. Environmental Evaluation: Based on the estimated depth of the proposed development, Leighton Consulting does not expect groundwater to impact the development. Seepage conditions may be locally encountered after periods of heavy rainfall or irrigation. However, these conditions can be treated on individual basis if they occur. Finding: Less than significant impact- The proposed project is not expected to significantly deplete groundwater supplies, or significantly interfere with ground water recharge. c) and d) Less Than Significant Impact. Existing condition: Presently the site drains to the public street. Environmental Evaluation: The project grading will not significantly change the topography, drainage patterns, or amount of runoff from the site. Surface Drainage will still drain to the public street. Finding: Less than significant impact - The project proponent shall comply with the Storm Water Pollution Prevention Plan (December 2003) and adhere to applicable RWQCB regulations for control of sedimentation and erosion, including Best Management Practices, such as installation of temporary detention basins or other means of stabilization or impoundment required by the State Water Resources Control Board. The following guidelines shall be utilized during design and implemented during construction to reduce runoff and minimize erosion: a. Comply with current drainage design policies set forth in the City of Carlsbad procedures. b. Create desiltation basins where necessary to minimize erosion and prevent sediment transport until the storm drain system is in place. c. Landscape all exposed, manufactured slopes per City of Carlsbad erosion control standards. d. Phase grading operations and slope landscaping to reduce the susceptibility of slopes to erosion. e. Control sediment production from graded building pads with low perimeter berms, desiltation basins, jute matting, sandbags, bladed ditches, or other appropriate methods. e) Less Than Significant Impact. Existing condition: Impervious surfaces associated with development of the project will incrementally increase runoff. Environmental Evaluation: Existing storm water drainage systems on the project site have been designed, approved, and in some cases constructed to accommodate the runoff projected from the proposed project. No impact to existing storm drain systems and no additional sources of polluted runoff will result from implementation of the project. Finding: Less than significant impact-No additional pollution of surface waters is anticipated to result from the project. f) Less Than Significant Impact. Existing condition: The drainage pattern dictates that the drainage water will travel west to the Pacific Ocean. These drainage facilities serve to maintain a decent water quality. Environmental Evaluation: Construction of the proposed project improvements is required by law to comply with all federal, state and local water quality regulations, including the Clean Water Act and associated NPDES regulations. As mentioned above, the project description includes a Storm Water Pollution Prevention Plan. Therefore temporary impacts associated with the construction operation will be mitigated. The project will not result in permanent or long term degradation of water quality as a result of the proposed pollution control program. Finding: Less than significant impact - Please refer to the preceding responses. 21 Rev. 02/22/06 g) Less Than Significant Impact. Existing condition: The proposed project improvements do not involve the placement of housing within the 100-year flood hazard area. Environmental Evaluation: No flood hazard areas exist on the property. Finding: No impact - No flood hazard areas exist on the project site. h) No Impact. Existing condition: The subject project does not propose any structures within the 100-year flood hazard area. Environmental Evaluation: The project will not place any structures within the limits of the identified 100- year flood hazard areas. Thus no impediment to flood flows will result from implementation of the project. Finding: No impact - It is concluded that the proposed project will not impeded or redirect downstream flood flows. i) No Impact. Existing condition: Please refer to existing condition description VIII(h) above. Environmental Evaluation: Please refer to environmental evaluation discussion VIII(h) above. No levee or dam exists onsite or downstream of the project. Finding: No impact - It is concluded that the proposed project will not result in increased exposure of people or structures to a significant risk of loss injury or death involving flooding including flooding as a result of the failure of a levee or dam j) No Impact. Existing condition: Please refer to existing condition description VIII(h) above. Environmental Evaluation: Please refer to environmental evaluation discussion VIII(h) above. The project site is located well above the expected 5 to 10 foot tsunamis or seiche water level. Finding: No impact - It is concluded that the proposed project will not result in increased exposure of people or structures to a significant risk of loss injury or death involving tsunami or seiche events. IX. LANDUSE AND PLANNING - Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact 22 Rev. 02/22/06 (ol a) No Impact. Existing condition: The project site is currently developed with a motel, restaurant, associated parking lot and landscaping and a single family residence. It is located in an existing urban area. Environmental Evaluation: The proposed project involves the removal of the current motel, restaurant and a single family home and replacing them with a three-story hotel. As a result, no division of an existing community would result from development of the project. Finding: No impact - The project would not physically separate any contiguous community areas since a similar use currently occupies the site. b) Less Than Significant Impact. Existing condition: The City of Carlsbad General Plan identifies the subject site as Residential High Density (RH) and Village (V) Land Use. The property is Zoned Multi-family Residential (R-3) and Village Redevelopment (V-R). The project proposes a General Plan Amendment to change the Land Use Element designation of Residential High density (RH) to Travel/Recreation Commercial (TR) and a Zone Change to change the Zoning from Multi-family Residential (R-3) to Commercial Tourist (C-T). Additionally, a Local Coastal Program Amendment is proposed to reflect the changes. These three amendments (General Plan Amendment, Zone Change, and Local Coastal Program Amendment) will allow the construction of the new three-story hotel. Environmental Evaluation: Following approval of the General Plan Amendment, Zone Change, and Local Coastal Program Amendment, the proposed project will be consistent with all applicable land use plans. No incompatibility will exist between the proposed project and the new land use regulations on the property. The proposed land use is consistent with the majority of the surrounding land uses which include commercial and hotel uses. Finding: Less Than Significant Impact - Following approval of the General Plan Amendment, Zone Change, and Local Coastal Program Amendment, the project will not be in conflict with any applicable land use plan, policy, or regulation of any agency with jurisdiction over the project. c) No Impact. Existing condition: The City of Carlsbad Habitat Management Plan for Natural Communities (HMP) allows authorization for the incidental take of sensitive plant and animal species in conjunction with private developments, public projects and other activities which are consistent with the Plan. The subject site is currently fully developed and part of an existing urban area that is identified for urban uses in the HMP. Environmental Evaluation: The subject site is fully developed and part of an existing urban area that is identified for urban uses in the HMP. Therefore the proposed project is not in conflict with the HMP. Finding: No impact - The subject project site is consistent with the City of Carlsbad Habitat Management Plan for Natural Communities in the City of Carlsbad. The property is not subject to any other habitat conservation plans. X. MINERAL RESOURCES - Would the project: a) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? 23 Rev. 02/22/06 a) No Impact. Existing condition: The subject site is currently developed with the 28 room Surf Motel, a restaurant and a single family home. No known or expected mineral deposits of future value to the region and the residents of the state are located in the immediate vicinity of the subject project. Environmental Evaluation: The subject site has been already fully developed. No known mineral resources were identified on the site at the time of original construction. Finding: No impact - No known mineral resource of regional or statewide value are known that would be affected through implementation of the project. The site is not located in an area of mineral resources as identified in MEIR 93-01, map 5.13-1. b) No Impact. Existing condition: Please see the preceding description of existing condition Item X(a) and (b). Environmental Evaluation: Please see the preceding description of existing condition Item X(a) and (b). Finding: No impact- Please see the preceding description of existing condition Item X(a) and (b). XI. NOISE - Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated Less Than Significant No Impact Impact 24 Rev. 02/22/06 a) No Impact. Existing condition: The subject site is currently developed with the 28 room Surf Motel, a restaurant and a single family home site. Environmental Evaluation: In terms of noise generation, the construction of the proposed project is anticipated to create the greatest amount of noise, inasmuch as the permanent use will not create significant noise. The City of Carlsbad Municipal Code (Chapter 8.48) prohibits construction activity that would create disturbing, excessive, or offensive noise after sunset of any day, and before 7 A.M. Monday through Friday, and before 8 A.M. on Saturday, and all day Sunday and specified holidays. The Noise Ordinance does not set a defined noise level standard for construction activities, but simply limits the hours of construction. The significance of construction noise produced during project construction is typically assessed in accordance with the County of San Diego Noise Ordinance. San Diego County Noise Ordinance Section 36.410 stipulates that construction noise shall not exceed 75 dB for more than 8 hours during any 24-hour period. Noise from the pool and spa area will be attenuated from the adjacent residential by the hotel building. The pool and spa will also have a restriction regarding late night hour useage. Finding: No impact - Both construction noise levels and permanent noise levels generated by the project are anticipated to comply with City of Carlsbad Noise Policy standards. b) No Impact. Existing condition: The subject site is currently developed with the 28 room Surf Motel, a restaurant and a single family home and does not generate ground vibrations as part of regular business. Environmental Evaluation: Although some ground vibration may occur during demolition and construction of the new project, the proposed hotel is not anticipated to expose persons to or generation of excessive groundbourne vibration or noise levels. Finding: No impact - The project will not produce any significant groundbourne vibration. c) No Impact. Existing condition: Please refer to response XI(a). Environmental Evaluation: Please refer to response XI(a). Finding: No impact - The proposed project will not result in an increase in ambient noise levels in the project vicinity above levels generated by Carlsbad Boulevard without the project. Noise from Carlsbad Boulevard will be reduced due to the location and mass of the proposed building. The proposed buildings orientation and the proposed mechanical ventilation systems effectively reduce noise levels generated by hotel patrons. d) No Impact. Existing condition: Please refer to response XI(a). Environmental Evaluation: Please refer to response XI(a). Finding: No impact - The proposed project will not result in an increase in ambient noise levels in the project vicinity. e) No Impact. Existing condition: The subject site is located approximately 4 miles from the McClellan-Palomar Airport. Environmental Evaluation: The subject site is not located within 2 miles of a public airport. Finding: No impact - The subject site will not expose people to excessive noise due to the fact that it is not located within 2 miles of a public airport. 0 No Impact. Existing condition: No private airstrip exists in the vicinity of the subject project. Environmental Evaluation: The project is not within the vicinity of a private airstrip. Finding: No impact - The project is not within the vicinity of a private airstrip. 25 Rev. 02/22/06 Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated Less Than Significant No Impact Impact XII. POPULATION AND HOUSING - Would the project: a) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? a) No Impact. Existing condition: The subject project is an existing commercial/motel/residential use located in an already developed urban area. Implementation of the project would result in a minor increase in the intensity of usage of the site, but not in population. The subject site has been identified as a location for urban development. Environmental Evaluation: The proposed project involves the removal of an existing motel, restaurant and a single family residence uses and replacing them with a 104 room three story hotel. No increase in population is anticipated as a result of the service industry jobs related to the 62,354 square feet of hotel development. The proposed project will be consistent with the City's General Plan and Zoning. As a result, no inducement for substantial growth, either directly or indirectly will occur through implementation of the subject project. Finding: No impact - The project will not induce substantial growth, nor will it induce population growth by providing infrastructure to support unplanned growth. The property is designated for urban development consistent with the City's General Plan. b) Less Than Significant Impact. Existing condition: The subject site is currently developed with the 28 room Surf Motel, a restaurant and a single family home. Environmental Evaluation: The proposed project will displace one single family dwelling unit. Finding: Less than significant impact - One single family dwelling unit will be demolished as part of the construction of the proposed hotel. A less than significant impact will occur as a result of the loss of one housing unit. c) Less Than Significant Impact. Existing condition: The subject site is currently developed with the 28 room Surf Motel, a restaurant and a single family home. - Environmental Evaluation: The proposed project will displace one single family dwelling unit Finding: Less than significant impact - One single family dwelling unit will be displaced by the implementation of this project. A substantial number of people will not be displaced and replacement housing will not be necessary. 26 Rev. 02/22/06 XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, a need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: i) Fire protection? ii) Police protection? iii) Schools? iv) Parks? v) Other public facilities? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact No Impact Existing condition: The subject site is located within the Zone 1 Local Facilities Management Plan (LFMP) area. City of Carlsbad Fire Station No. 1 (1275 Carlsbad Village Drive) serves the subject site. Environmental Evaluation: The subject site is considered by the Carlsbad Fire Department to be within an effective fire response time of Fire Station No. 1 . The subject project will not measurably affect anticipated current fire response times. Finding: No impact - The proposed project is within an area anticipated by the Fire Department for urban development, and planned within their standard response time. The project will comply with the standards identified in the Zone 1 LFMP, and therefore will not have any measurable affect on the fire service demands or needs of the area. No Impact Existing condition: The Carlsbad Police Department (CPD), located on 2560 Orion Way, services the entire city of Carlsbad. Although the City has not established an official service standard for the department, CPD does maintain a general in-house guideline that is followed in order to assure adequate police service to the community. This guideline suggests a six-minute maximum response time anywhere within the city limits. In order to achieve this level of emergency service and to sufficiently patrol the city, the CPD currently operates seven beats, each patrolled at any given time by one or two officers. Environmental Evaluation: The proposed project does not represent an increase in demand on CPD resources. However, for any increased demand, the department is sufficiently staffed to absorb demand and continue to meet their own general service guideline of maintaining a six-minute emergency response time. Finding: No impact - The proposed project will not result in an increase in demand on police protection resources, and the police department's service guideline will continue to be met. 27 Rev. 02/22/06 No Impact Existing condition: schools. Environmental Evaluation: student generation. Finding: No impact - The project will not generate any need for school services and, therefore, will have no impact on schools serving the area. The proposed project is non-residential, and will not cause an increase in demand for The proposed project is non-residential, and will have no impact on school a)iv. No Impact Existing condition: The proposed project is non residential and will not create an increase in demand for parks. The existing Zone 1 parks, including Pine Avenue Park and Hosp Grove Park fulfill Zone 1 's park requirement adequately. Environmental Evaluation: The proposed project is non-residential and will not create an increase in demand for parks. Finding: No impact - The proposed project is non residential and will not create an increase in demand for parks. The existing Zone 1 parks, including Pine Avenue Park and Hosp Grove Park fulfill Zone 1 's park requirement adequately. a)v. No Impact Existing condition: Sewer: The Carlsbad Municipal Water District provides sewer service to the subject site. Sewage from the site is processed at the Encina Wastewater Treatment Facility, via a sewer trunk line located in the surrounding developed streets and lateral lines that currently serve the property. The Zone 1 LFMP stipulates that sewer trunk line capacity must meet demand as determined by appropriate sewer districts and must be provided concurrent with development. Water: The Carlsbad Municipal Water District provides water service to the subject site. Water is provided via an existing water line and lateral currently connected to the project. The Zone 1 LFMP stipulates that water line capacity must meet demand as determined by appropriate water district and must be provided concurrent with development. Also, that a minimum ten day average storage capacity must be provided prior to any development. Environmental Evaluation: Sewer: The subject project is not anticipated to exceed sewer demand planned by the Carlsbad Municipal Water District for the subject site. Water: The subject project is not anticipated to exceed water demand planned by the Municipal Water District for the subject site. Finding: No impact - The proposed project will generate sewer and water usage demands anticipated at the time of initial construction of the existing building. No unanticipated demands will occur as a result of the project. XIV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated Less Than Significant No Impact Impact 28 Rev. 02/22/06 a) No Impact Existing condition: The proposed project is non-residential and will not create an increase in demand for parks. The existing Zone 1 parks, including Pine Avenue Park and Hosp Grove Park fulfill Zone 1 's park requirement adequately. Environmental Evaluation: The proposed project is non-residential and will not create an increase in demand for parks. The existing Zone 1 parks, including Pine Avenue Park and Hosp Grove Park fulfill Zone 1's park requirement adequately. Finding: No impact - The proposed project will not result in an increase in demand beyond that already accommodated, on recreational facilities of any kind. b) No Impact Existing condition: The proposed project does include recreational facilities for hotel guests. A pool, spa, and indoor exercise area will be constructed for the use of the hotels patrons. Environmental Evaluation: The proposed recreational facilities will not have an adverse physical effect on the environment. Finding: No impact - The proposed recreational facilities will not result in any adverse physical effect on the environment XV. TRANSPORTATION/TRAFFIC - Would the project: a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in insufficient parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turn- outs, bicycle racks)? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact 29 Rev. 02/22/06 a)Less Than Significant Impact. The project will generate 832J Average Daily Trips (ADT) and 59| peak hour trips. The present uses generate 326 ADT. The net increase is 506 ADT. This traffic will utilize the following roadway: Carlsbad Boulevard!. Existing traffic on this arterials is 17,725;ADT (2005) and the 2005 peak hour level of service at the arterial intersection(s) impacted by the project is B. The design capacity of the arterial road affected by the proposed project is 20,000 to 40,000( vehicles per day. The project traffic would represent 4.7% and 2.1% of the existing traffic volume and the design capacity respectively. While the increase in traffic from the proposed project may be slightly noticeable, the street system has been designed and sized to accommodate traffic from the project and cumulative development in the City of Carlsbad. The proposed project would not, therefore, cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system. The impacts from the proposed project are, therefore, less than significant. b) Less Than Significant Impact. SANDAG acting as the County Congestion Management Agency has designated three roads (Rancho Santa Fe Rd., El Camino Real and Palomar Airport Rd.) and two highway segments in Carlsbad as part of the regional circulation system. The Existing and Buildout average daily traffic (ADT) and Existing LOS on these designated roads and highways in Carlsbad is: Existing ADT* LOS Buildout ADT* Rancho Santa Fe Road 17-35 "A-D" 35-56 El Camino Real 27-49 "A-C" 33-62 Palomar Airport Road 10-57 "A-D" 30-73 SR78 124-142 "F" 156-180 1-5 199-216 "D" 260-272 * The numbers are in thousands of daily trips. The Congestion Management Program's (CMP) acceptable Level of Service (LOS) standard is "E", or LOS "F" if that was the LOS in the 1990 base year (e.g., SR 78 in Carlsbad was LOS "F" in 1990). Accordingly, all designated roads and highways are currently operating at or better than the acceptable standard LOS. Note that the buildout ADT projections are based on the full implementation of the region's general and community plans. The proposed project is consistent with the general plan and, therefore, its traffic was used in modeling the buildout projections. Achievement of the CMP acceptable Level of Service (LOS) "E" standard assumes implementation of the adopted CMP strategies. Based on the design capacity(ies) of the designated roads and highways and implementation of the CMP strategies, they will function at acceptable level(s) of service in the short-term and at buildout. c) No Impact. The proposed project does not include any aviation components and is not located within the McClellan-Palomar Airport influence area. No impact assessed. d) No Impact. All project circulation improvements will be designed and constructed to City standards; and, therefore, would not result in design hazards. The proposed project is consistent with the City's General Plan and Zoning. Therefore, it would not increase hazards due to an incompatible use. No impact assessed. e) No Impact. The proposed project has been designed to satisfy the emergency requirements of the Fire and Police Departments. No impact assessed. 0 No Impact. The proposed project is not requesting a parking variance. Additionally, the project would comply with the City's parking requirements to ensure an adequate parking supply. No impact assessed. 30 Rev. 02/22/06 (eft g) No Impact. The project is near public transportation (i.e. Bus & Rail Transit). Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated El El Less Than Significant No Impact Impact XVI. UTILITIES AND SERVICES SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? a) Less Than Significant Impact. Existing condition: The proposed project will create a small increase in wastewater generated by the existing motel/restaurant/residential use. Environmental Evaluation: The proposed project will create a small increase in wastewater. Finding: Less than significant impact - The project would have a less than significant impact on wastewater treatment. El El 31 Rev. 02/22/06 b) No Impact. Existing condition: Please refer to the previous response. The project will not result in a significant increase in quantity of wastewater generation already handled by the Encina Wastewater Treatment Plant. Environmental Evaluation: The project will not result in a significant increase in quantity of wastewater generation already handled by the Encina Wastewater Treatment Plant. Finding: No impact - No additional water or wastewater treatment facilities will be required due to the construction of the proposed project. c) Less Than Significant Impact. Existing condition: The proposed project site is an existing commercial/motel/residential use. Storm water drainage facilities were constructed at the time of initial development and are functioning and in place currently. Environmental Evaluation: Minimal improvements will be made to the drainage facilities. Both upstream and downstream facilities contain adequate capacity and functionality to accept the storm water demands resulting when the project is complete. Finding: Less than significant impact - No significant environmental effects will result from the implementation of new drainage facilities during construction of the proposed hotel. d) Less Than Significant Impact. Existing condition: The subject site is currently developed with the 28 room Surf Motel, a restaurant and a single family home. Water supply facilities were constructed at the time of initial development are functioning and in place currently. Environmental Evaluation: Water service will be supplied by the Carlsbad Municipal Water District. The site is identified in the City's MEIR 93-01 for urban uses. Proposed water usage on the site will be for landscape irrigation and the regular water usage associated with a 104 room hotel. The project will have no significant impact on water supplies. Finding: Less than significant impact - The project will not result in a significant impact to water supplies. e) Less Than Significant Impact. Existing condition: Please refer to response XVI(a). Environmental Evaluation: Please refer to response XVI(a). Finding: Less than significant impact - No significant increase in wastewater treatment will result from the project. 0 No Impact. Existing condition: The subject site is currently developed with the 28 room Surf Motel, a restaurant and a single family home. Environmental Evaluation: The project site has been planned as an urban community. No unanticipated significant increase in solid waste disposal is anticipated to result from implementation of the project. The waste provider will be Waste Management Services, and the City's engineering staff will have Waste Management Services review the site plan for service adequacy as part of the approval process. Finding: No impact - No measurable significant increase in impact on solid waste creation is expected to result from the subject project. 32 Rev. 02/22/06 g) No Impact. Existing condition: See previous response. The subject project is not anticipated to create any significant increase in the amount of solid waste. The project is required to comply with federal, state and local statutes and regulations related to solid waste. Environmental Evaluation: The project will create no significant impact on solid waste collection and disposal, and will comply with federal, state and local statutes. Finding: No impact - The project will create no significant impact on solid waste collection and disposal, and will comply with federal, state and local statutes. Less Than Significant No Impact Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumula- tively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?) c) Does the project have environmental effects, which will cause the substantial adverse effects on human beings, either directly or indirectly? a) Less Than Significant Impact. Existing condition: The subject site is currently developed with the 28 room Surf Motel, a restaurant and a single family home. The site drains directly into the Pacific Ocean. The project must also obtain a NPDES permit prior to construction. The permit will require that the project develop and implement specific erosion control and storm water pollution prevention plans to protect water quality. Environmental Evaluation: After development, there will be an increase in runoff from the study area. A portion of the increase in runoff will be due to the use of imported water into the study area for landscaping, etc. The remaining water increase will be due to the increased impervious area within the project site. The drainage pattern dictates that this drainage water will flow west to the Pacific Ocean. Application, certification and compliance with an NPDES permit for implementation of the subject project will ensure that water quality entering the Pacific Ocean will be maintained to a level of acceptability. Finding: Less than significant impact - Please refer to the responses to Sections IV and V. 33 Rev. 02/22/06 "72. b) Less Than Significant Impact. Existing condition: The subject site is currently developed with the 28 room Surf Motel, a restaurant and a single family home. Environmental Evaluation: The proposed project will contribute incrementally to air pollution and traffic congestion in the vicinity. Finding: Less than significant impact - It is concluded that the cumulative impacts to air quality and traffic will be less than significant. c) Less Than Significant Impact. Existing condition: The subject site is currently developed with the 28 room Surf Motel, a restaurant and a single family home. Environmental Evaluation: The project does not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. Finding: Less than significant impact - Potential adverse effects on the human population have been evaluated in preceding sections of this checklist. No unmitigable adverse environmental effects attributable to the project have been identified. XVIII. EARLIER ANALYSES The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 1635 Faraday Avenue, Carlsbad, California, 92008. 1. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR 93-01). City of Carlsbad Planning Department. March 1994. 2. Comprehensive Land Use Plan McClellan-Palomar Airport, San Diego Association of Governments, (April, 1994) 3. Current Rules and Regulations, County of San Diego Air Pollution Control District (November, 2002). 4. San Diego County Important Farmland, California Department of Conservation (September, 2002). 5. Uniform Building Code - Volume 1 (1997); Table 18-1-B. 6. Special Publication 42, California Geological Survey; State Geologist Division of Mines and Geology (May 1996). 7. Traffic Impact Analysis, Carlsbad Springhill Suites, Linscott Law and Greenspan., (October 27, 2005). 8. Storm Water Management Plan, Springhill Suites, Aquaterra Engineering, Inc. April 26, 2005. 9. Preliminary Hydrology Report, Springhill Suites, Aquaterra Engineering, Inc. October 10, 2005. 10. Addendum No. 1, Preliminary Geotechnical Investigation, DKN Hotels, Leighton Consulting, Inc, November 23 ,2005. 11. Zone 1 Local Facilities Management Plan, City of Carlsbad Planning Department, (July 1987). 34 Rev. 02/22/06 73 1 PLANNING COMMISSION RESOLUTION NO. 6255 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A GENERAL PLAN AMENDMENT TO 4 CHANGE THE GENERAL PLAN LAND USE ELEMENT DESIGNATION FROM RESIDENTIAL HIGH DENSITY TO TRAVEL/RECREATION COMMERCIAL ON A .49-ACRE 6 SITE GENERALLY LOCATED WEST OF LINCOLN STREET BETWEEN PINE AVENUE AND OAK AVENUE IN LOCAL 7 FACILITIES MANAGEMENT ZONE 1. CASE NAME: DKN HOTEL 8 CASE NO: GPA 05-05 9 WHEREAS, Dahya Bhai L. and Shantaben Patel, "Developer/Owner," has 10 filed a verified application with the City of Carlsbad regarding property described as 11 Portion of Block 18, Town of Carlsbad per Map No. 775, Recorded 2-15-1894 and Portion of Tract 100, Carlsbad Lands 13 per Map 1661, Recorded 3-1-1915, all in the City of Carlsbad, County of San Diego, State of California. APN 203-250-08 and 14 26-00 15 ("the Property"); and WHEREAS, said verified application constitutes a request for a General Plan 17 Amendment as shown on Exhibit "GPA 05-05" dated March 7, 2007, attached hereto and on 18 file in the Carlsbad Planning Department, DKN HOTEL - GPA 05-05, as provided in 2Q Government Code Section 65350 et. seq. and Section 21.52.160 of the Carlsbad Municipal Code; 21 and 22 WHEREAS, the Planning Commission did, on the 7th day of March, 2007, hold 23 a duly noticed public hearing as prescribed by law to consider said request; and 24 WHEREAS, at said public hearing, upon hearing and considering all testimony 25 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors26 27 relating to the General Plan Amendment. 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) That the above recitations are true and correct. 2 B) That based on the evidence presented at the public hearing, the Commission 3 RECOMMENDS APPROVAL of DKN HOTEL - GPA 05-05, based on the following findings and subject to following conditions: 4 , Findings: 1. 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 7 the staff report dated March 7, 2007 including, but not limited to the following: 8 Land Use: The Land Use designation change of .49 acres from Residential High Density (RH) to Travel/Recreation Commercial is for the purpose of developing a 104 room hotel. The proposed T-R Land Use designation would be compatible with adjacent Residential High Density and Village (Travel Recreation and Commercial) Land Uses. The site is presently developed with 11 an existing 28-room motel and single family residence. 12 Circulation: The change of Land Use designation to Travel/Recreation Commercial does not significantly increase the projected traffic generation. Therefore, the proposed changes would not result in any new significant project traffic impacts. The project presently generates 372 ADT and the existing Carlsbad Boulevard roadway is adequate to handle 452 ADT increase 15 in the traffic generated by the proposed hotel use, for a total ADT generation of 824 Trips. 16 Noise: The project has been designed to reduce the amount of potential noise 17 impacts to adjacent residential land uses through building form and restricting 1 o the hours of outdoor activities. 19 Public Safety: All necessary water mains, fire hydrants, and appurtenances must be reviewed during building design and installed prior to occupancy of 20 any building. 2. The Planning Commission has reviewed each of the exactions imposed on the Developer 22 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 23 degree of the exaction is in rough proportionality to the impact caused by the project. 24 Conditions: 25 1. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to 27 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 28 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 PC RESO NO. 6255 -2- """"vi> conditions or seek damages for their violation. No vested rights are gained by Developer 2 or a successor in interest by the City's approval of this General Plan Amendment. 3 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the General Plan Amendment 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 from this approval, shall require an amendment to this approval. 6 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 7 regulations in effect at the time of building permit issuance. o 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code 10 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. 12 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold 13 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 14 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 General Plan Amendment, (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, 17 including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation 18 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 20 6. This approval is granted subject to the adoption of the Negative Declaration and approval of ZC 05-02, LCPA 05-02 SDP 06-03 and CDP 05-14 and RP 05-03 and is 21 subject to all conditions contained in Planning Commission Resolutions No. 6254, 6256, 6257, 6258 and 6259 and Design Review Board Resolution No. 319 for those other 22 approvals. 23 24 25 26 27 28 PC RESO NO. 6255 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 7th day of March, 2007, by the following vote, to wit: AYES: NOES: Chairperson Baker, Commissioners Cardosa, Dominguez, Douglas, Montgomery, and Segall None ABSENT: Commissioner Whitton ABSTAIN: None JULIBBAKBR, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6255 -4-T7 GPA 05-05 DKN Hotel DRAFT MARCH 7, 2007 \ RH VX l \Y./ OS 'V""' EXISTING PROPOSED Related Case File No(s): ZC 05-02/LCPA05-02/SDP /CDP 05-1 4/RP 05-03 05-04 G.P. Map Designation Change Property A. 203-250-08-00 B. 203-250-26-00 Por C. D. From: RH RH To: TR TR 1 PLANNING COMMISSION RESOLUTION NO. 6256 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CHANGE FROM MULTIPLE- 4 FAMILY RESIDENTIAL (R-3) TO TOURIST COMMERCIAL (C-T) ON A .49-ACRE PARCEL GENERALLY LOCATED WEST OF LINCOLN STREET BETWEEN PINE AVENUE 6 AND OAK AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 1. 7 CASE NAME: DKN HOTEL CASE NO: ZC 05-028 : 0 WHEREAS, Dahya Bhai L. and Shantaben Patel, "Developer/Owner," has 10 filed a verified application with the City of Carlsbad regarding property described as 11 Portion of Block 18, Town of Carlsbad per Map No. 775, Recorded 2-15-1894 and Portion of Tract 100, Carlsbad Lands per Map 1661, Recorded 3-1-1915, all in the City of Carlsbad, ! 3 County of San Diego, State of California. APN 203-250-08 and 26-00 14 ("the Property"); and 1 , WHEREAS, said application constitutes a request for a Zone Change as shown on 17 Exhibit "ZC 05-02" dated March 7, 2007, attached hereto and on file in the Planning 18 Department, DKN HOTEL - ZC 05-02, as provided by Chapter 21.52 of the Carlsbad Municipal Code; and 20 WHEREAS, the Planning Commission did on the 7th day of March, 2007, hold a 21 duly noticed public hearing as prescribed by law to consider said request; and 22 WHEREAS, at said public hearing, upon hearing and considering all testimony 24 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 25 relating to the Zone Change. 26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 27 Commission as follows: 28 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission 2 RECOMMENDS APPROVAL of DKN HOTEL - ZC 05-02 based on the following findings and subject to the following conditions: 3 Findings: 4 1. That the proposed Zone Change from Residential-Multiple-Family (R-3) to Tourist Commercial (C-T) is consistent with the goals and policies of the various elements of the General Plan, in that the proposed C-T Zone implements the Travel/Recreation Commercial General Plan Land Use designation and would be compatible with 7 surrounding uses of Village Redevelopment (Commercial Tourist and Commercial) to the north and west and Multiple-Family Residential to the south and east. The site is topographically suitable for the development of hotel uses, as the site is relatively flat and presently developed with a 28-room motel and a single family residence. The site is accessible by vehicles from Carlsbad Boulevard which is 10 adequate in size and capacity to serve the site. The proposed C-T Zoning designation would not result in any unavoidable adverse impacts to the area. 11 2. That the Zone Change will provide consistency between the General Plan and Zoning as mandated by California State law and the City of Carlsbad General Plan Land Use Element, in that the Tourist Commercial Zone implements the Travel/Recreation Commercial General Plan Land Use designation. 14 3. That the Zone Change is consistent with the public convenience, necessity, and general welfare, and is consistent with sound planning principles in that the proposed location is necessary and desirable to provide hotel services to the visitors of Carlsbad, which will contribute to the well being of people in the community. The proposed use will 17 not be detrimental to the health, safety, or welfare of persons working or living in the vicinity, or injurious to property or improvements in the vicinity in that 18 adequate separation and buffering of uses is proposed. 1 Q Conditions: 20 1. If any of the following conditions fail to occur; or if they are, by their terms, to be 21 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 22 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 24 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 25 or a successor in interest by the City's approval of this Zone Change. Staff is authorized and directed to make, or require the Developer to make, all corrections 27 and modifications to the Zone Change documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall 28 occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. PCRESONO. 6256 -2- 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 2 regulations in effect at the time of building permit issuance. 3 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 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. 7 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims n 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 Zone Change, (b) City's 10 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 from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have 13 been concluded and continues even if the City's approval is not validated. 14 6. This approval is granted subject to the approval of the Negative Declaration and GPA 06-01, LCPA 05-02, CDP 05-14, SDP 05-04 and RP 05-03 and is subject to all conditions contained in Planning Commission Resolutions No. 6254, 6255, 6257, 6258 1, and 6259 and Design Review Board Resolution No. 319 for those other approvals. n NOTICE 18 Please take NOTICE that approval of your project includes the "imposition" of fees, 19 dedications, reservations, or other exactions hereafter collectively referred to for convenience as fees/exactions." 20 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 23 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 24 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a 27 NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 28 PC RESO NO. 6256 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on the 7th day of March, 2007, by the following vote, to wit: AYES: Chairperson Baker, Commissioners Cardosa, Dominguez, Douglas, Montgomery, and Segall NOES: None ABSENT: Commissioner Whitton ABSTAIN: None JULIE BAKER, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DONNEU Planning Director PC RESO NO. 6256 -4- Exhibit ZC 05-02 March 7, 2007 1 RESOLUTION NO. 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030 OF 3 THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP TO GRANT A ZONE CHANGE, ZC 05-02, 4 FROM MULTIPLE-FAMILY RESIDENTIAL (R-3) TO TOURIST COMMERCIAL (C-T) ON A .49-ACRE PARCEL GENERALLY 5 LOCATED WEST OF LINCOLN STREET BETWEEN PINE AVENUE AND OAK AVENUE IN LOCAL FACILITIES 6 MANAGEMENT ZONE 1. CASE NAME: DKN HOTEL 7 CASE NO.: ZC 05-02 8 The City Council of the City of Carlsbad, California, does hereby resolve as follows: 9 SECTION I: That Section 21.050.30 of the Carlsbad Municipal Code, being the 10 zoning map, is amended as shown on the map marked Exhibit "ZC 05-02," dated March 7, 2007 attached hereto and made a part hereof.12 13 SECTION II: That the findings and conditions of the Planning Commission as set 14 forth in Planning Commission Resolution No. 6256 constitute the findings and conditions of the 15 City Council. EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty days 17 after its adoption but not until Local Coastal Program Amendment LCPA 05-02 is approved by 18 the California Coastal Commission, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a publication of general circulation in the 90 City of Carlsbad within fifteen days after its adoption. 21 22 23 24 25 26 27 28 1 PASSED AND ADOPTED at a regular meeting of the City Council of the City of 2 Carlsbad on the day of • 2007, by the following vote, to wit: 3 AYES: 4 NOES: 5 ABSENT: 6 7 8n CLAUDE A. LEWIS, Mayor 9 " 10 || ATTEST: 11 12 LORRAINE M. WOOD, City Clerk 13 (SEAL) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- ZC 05-02 DKN Hotel DRAFT MARCH 7, 2007 EXISTING PROPOSED Related Case File No(s): GPA 05-05/LCPA05-02/SDP 05-04 /CDP 05-1 4/RP 05-03 G.P. Map Designation Change Property A. 203-250-08-00 B. 203-250-26-00 Por C. D. From: R-3 R-3 To: CT CT 1 PLANNING COMMISSION RESOLUTION NO. 6257 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE CARLSBAD 4 LOCAL COASTAL PROGRAM TO CHANGE THE DESIGNATIONS ON THE LOCAL COASTAL PROGRAM 5 LAND USE PLAN AND ZONING MAP FROM RESIDENTIAL 6 HIGH DENSITY (RH) TO TRAVEL/RECREATION COMMERCIAL (T-R) AND MULTIPLE-FAMILY 7 RESIDENTIAL ZONE (R-3) TO COMMERCIAL TOURIST ZONE (C-T) RESPECTIVELY ON A .49 ACRE SITE 8 LOCATED WEST OF LINCOLN STREET BETWEEN PINE AVENUE AND OAK AVENUE IN LOCAL FACILITIES 9 MANAGEMENT ZONE 1. I o CASE NAME: DKN HOTEL CASE NO: LCPA 05-02 11 WHEREAS, California State law requires that the Local Coastal Program, 1-, General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and 14 WHEREAS, Dahya Bhai L. and Shantaben Patel, "Developer/Owner," has 15 filed a verified application with the City of Carlsbad regarding property described as 16 Portion of Block 18, Town of Carlsbad per Map No. 775, 17 Recorded 2-15-1894 and Portion of Tract 100, Carlsbad Lands per Map 1661, Recorded 3-1-1915, all in the City of Carlsbad, 18 County of San Diego, State of California. APN 203-250-08 and 26-00 19 2Q ("the Property"); and 21 WHEREAS, said verified application constitutes a request for a Local Coastal 22 Program Amendment as shown on Exhibit "LCPA 05-02" dated March 7, 2007, attached hereto, as provided in Public Resources Code Section 30574 and Article 15 of Subchapter 8, 24 Chapter 2, Division 5.5 of Title 14 of the California Code of Regulations of the California 25 Coastal Commission Administrative Regulations; and 26 WHEREAS, the Planning Commission did on the 7th day of March, 2007, hold a 2g duly noticed public hearing as prescribed by law to consider said request; and 60? WHEREAS, at said public hearing, upon hearing and considering all testimony 2 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 3 relating to the Local Coastal Program Amendment; and 4 WHEREAS, State Coastal Guidelines requires a six-week public review period 5 for any amendment to the Local Coastal Program. 7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning o0 Commission of the City of Carlsbad, as follows: 9 A) That the foregoing recitations are true and correct. 10 B) At the end of the State-mandated six-week review period, starting on February 24, 2006 and ending on April 7, 2006, staff shall present to the City Council a summary of the comments received. C) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of DKN HOTEL - LCPA 05-02 based on the 14 following findings: Findings: That the proposed Local Coastal Program Amendment meets the requirements of, and is 17 in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies of the Mello II segment of the Carlsbad Local Coastal Program not being amended by 18 this amendment, in that the project will provide additional hotel/ motel rooms and visitor-serving uses within the Coastal Zone.19 2. That the proposed amendment to the Mello II segment of the Carlsbad Local Coastal Program is required to bring it into consistency with the City's General Plan Land Use Map, Citywide Zoning Map (as amended), and the Mello II Segment Land Use Plan and Implementation Plan (the zoning map) into conformance. 22 23 Conditions: This approval is granted subject to the adoption of the Negative Declaration and 25 approval of GPA 05-05, ZC 05-02, SDP 06-03 and CDP 05-14 and RP 05-03 and is subject to all conditions contained in Planning Commission Resolutions No. 6254, 6255, 26 6256, 6258 and 6259 and Design Review Board Resolution No. 319 for those other approvals. 28 PC RESO NO. 6257 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting to the Planning Commission of the City of Carlsbad, held on the 7th day of March 2007, by the following vote, to wit: AYES: Chairperson Baker, Commissioners Cardosa, Dominguez, .Douglas, Montgomery, and Segall NOES: None ABSENT: Commissioner Whitton ABSTAIN: None , Chairperson ANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6257 -3- LCPA 05-02 DKN Hotel LAND USE DRAFT MARCH 7,2007 OS EXISTING PROPOSED Related Case File No(s): GPA 05-05/ZC 05-02/SDP /CDP 05-1 4/RP 05-03 G.P. Map Desig Property A. 203-250-08-00 B. 203-250-26-00 Por C. D. From: RH RH nation Change 05-04 To: TR TR LCPA 05-02 DKN Hotel ZONING DRAFT MARCH 7,2007 EXISTING PROPOSED Re/atecf Case F/7e A/ofs|- GPA 05-05/ZC 05-02/SDP /CDP 05-14/RP 05-03 05-04 G.P. Map Designation Change Property A. 203-250-08-00 B. 203-250-26-00 Por C. D. From: R-3 R-3 To: CT CT °\o 1 PLANNING COMMISSION RESOLUTION NO. 6258 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF COASTAL DEVELOPMENT PERMIT CDP 05- 4 14 FOR THE DEMOLITION OF A HOTEL, RESTAURANT, , AND SINGLE FAMILY RESIDENCE AND FOR THE CONSTRUCTION OF A 3-STORY, 104-ROOM HOTEL 6 PROJECT ON PROPERTY LOCATED AT 3136 CARLSBAD BOULEVARD ON THE EAST SIDE OF CARLSBAD 7 BOULEVARD BETWEEN PINE AVENUE AND OAK AVENUE IN THE MELLO II SEGMENT OF THE LOCAL 8 COASTAL PROGRAM AND IN LOCAL FACILITIES 9 MANAGEMENT ZONE 1. CASE NAME: DKN HOTEL 10 CASE NO.: CDP 05-14 11 WHEREAS, Dahya Bhai L. and Shantaben Patel, "Developer/Owner," has 12 filed a verified application with the City of Carlsbad regarding property described as 13 Portion of Block 18, Town of Carlsbad per Map No. 775, 14 Recorded 2-15-1894 and Portion of Tract 100, Carlsbad Lands per Map 1661, Recorded 3-1-1915, all in the City of Carlsbad, County of San Diego, State of California. APN 203-250-08 and 16 26-00 17 ("the Property"); and 10 WHEREAS, said verified application constitutes a request for a Coastal 19 Development Permit as shown on Exhibits "A" - "R" dated March 7, 2007, on file in the 20 Planning Department, DKN HOTEL - CDP 05-14, as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and 23 WHEREAS, the Planning Commission did, on the 7th day of March, 2007, hold 24 a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony 26 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 27 relating to the CDP. 28 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission of the City of Carlsbad as follows: 3 A) That the foregoing recitations are true and correct. 4 B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of DKN HOTEL - CDP 05-14 based on the 6 following findings and subject to the following conditions: 7 Findings: ^ 1. That the portion of the proposed development in the Mello II Segment of the Local q Coastal Program is in conformance with the Certified Local Coastal Program and all applicable policies in that the site is designated with approval of GPA 05-05, ZC 05- 10 02, and LCPA 05-02 for hotel/motel development and the project consists of the construction of 104 hotel units on a .84 acre site; the development does not obstruct 11 views of the coastline as seen from public lands or public rights-of-way or otherwise damage the visual beauty of the coastal zone; and no agricultural activities, sensitive resources, geological instability, or coastal access opportunities exist on the site. 13 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 14 of the Coastal Act in that no coastal access areas or water oriented recreational activities exist on or near the site. 15 3. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the 17 City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff 18 Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil erosion. No steep slopes or native vegetation is located on the subject property and the 19 site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. 21 4. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed 22 to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 23 Conditions:24 25 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building permit or grading permit, whichever occurs first. 26 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 2' implemented and maintained over time, if any of such conditions fail to be so „„ implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all PC RESO NO. 6258 -2- future building permits; deny, revoke, or further condition all certificates of occupancy 2 issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said 3 conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Coastal Development Permit. 4 <- 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit documents, as necessary to make 6 them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed 7 development, different from this approval, shall require an amendment to this approval. o 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 9 regulations in effect at the time of building permit issuance. 10 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are *1 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 13 all requirements of law. 14 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 16 and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Coastal Development Permit, 17 (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 19 including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation 20 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 21 __ 6. This approval is granted subject to the approval of the Negative Declaration, GPA 05- 05, ZC 05-02 and SDP 05-04 and is subject to all conditions contained in Planning 23 Commission Resolutions No. 6254, 6255, 6256, 6257 and 6259 for those other approvals. 24 7. The applicant shall apply for and be issued building permits for this project within two (2) years of approval or this coastal development permit will expire unless extended per Section 21.201.210 of the Zoning Ordinance. 26 8. The applicant shall apply for and obtain a grading permit issued by the City Engineer. 27 9. The project site is located in an area that may contain soil material that is suitable for beach sand replenishment. Prior to the issuance of a grading permit, and as part of the grading plan preparation, the developer shall test the soil material to be PC RESO NO. 6258 -3- exported from the project site to determine the materials suitability for sand 2 replenishment. Material testing shall be conducted pursuant to the requirements of the Carlsbad Opportunistic Beach Fill Program (COBFP). If the material is deemed 3 suitable for beach replenishment pursuant to the guidelines established in the COBFP, the developer shall comply with the process outlined in the COBFP to transport and place the beach quality material on the beach site identified in the <- COBFP. The city may refuse the placement of the exported material on the beach, if it is determined that any aspect of the project does not comply with the provisions 6 of the COBFP (i.e. seasonal restrictions on beach fill activities, quantity and quality of the material, etc.). The COBFP prohibits placement of beach fill on the beach 7 during the summer season (between the last Monday in May, Memorial Day, and the first Monday in September, Labor Day); therefore, if project construction will result in the export of the soil material from the site occurring during this summer 9 timeframe, the requirements of this condition shall not apply, but may be voluntary if the developer chooses to store the exported material until placement of sand on 10 the beach is permitted per the COBFP. 11 NOTICE 12 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." 15 You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 16 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or j o annul their imposition. 19 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this _, project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise 22 expired. 23 24 25 26 27 28 PCRESONO. 6258 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 7th day of March, 2007, by the following vote, to wit: AYES: NOES: Chairperson Baker, Commissioners Cardosa, Dominguez, Douglas, Montgomery, and Segall None ABSENT: Commissioner Whitton ABSTAIN: None ER, Chairperson PLANNING COMMISSION DON NEU Planning Director PCRESONO. 6258 -5- CiTy of CARlsbAd HousiNq ANd f&fcwlopweNT DEPARTMENT EXHIBIT 7 A REPORT TO THE DESIGN REVIEW BOARD AND THE PLANNING COMMISSION ApptlCATiOM CoMpJETC DATE: $Mfl: Otiff DeccMbER 1, 2006 VAIN lyrxb ENVIRONMENT^ Review: OAvid Rick MiTfcjATtd NeqATivc DECURATJON DECEMBER 28, 2006 DATE: March 7, 2007 O SUBJECT: GPA 05-05/ZC 05-02/LCPA 05-02mP 05^03/COP 05-14/SOP OS-04 - OKfl HOTEL: Request for a recommendation to the City Council to adopt a Negative Declaration, and recommendation of approval of a General Plan Amendment, Zone Change, -Local Coastal Program Amendment, and Coastal Development Permit, and approval of a Site Development Permit; and a recommendation to the Housing and Redevelopment Commission to adopt a Negative Declaration and a recommendation of approval of a Major Redevelopment Per-mit and Coastal Development Permit for the demolition of an existing hotel, restaurant, and -singte family residence and for the construction of a 3-story, 104-room hotel project on property located at 3136 Carlsbad Boulevard on the east side of Cartebad Boutevard between Pine Avenue and Oak Avenue in Land Use District 9 of the Carlsbad ViHage Redevelopment Area, in '4he Village Redevelopment and Mello II Segments of the Local Coastal Program and in Local Facilities Management Zone 1. I. RECOMMENDATION Planning Commission That the Planning Commission ADOPT Planning Commission 'Resolution No. 6254 RECOMMENDING ADOPTION of a Negative Declaration and ADOPT Planning Commission Resolutions No. 6255, 6256, 6257 and 6258 RECOMMENDING APPROVAL of ^General P!an Amendment 05-05, Zone Change 05-02, Local Coastal Program Amendment €5-02 and Coastal Development Permit 05-14 and ADOPT Planning Commission Resolution -No. 6259 APPROVING Site Development Permit 05-04 and based on the findings and -subject to the conditions contained therein. Design Review Board That the Design Review Board ADOPT Design Review Board Resolution -No. 321 RECOMMENDiNG ADOPTION of a Negative Declaration and ADOPT Design Review Board Resolution Nos. 319 and 320 recommending APPROVAL of Major Redevelopment Permit-RP 05-03 and Coastal Development Permit COP 05-14 based on the findings and subject to the conditions contained therein. II. DEVELOPMENT APPROVAL PROCESS The proposed project requires a Major Redevelopment Permit because a portion of the property >rs tocated within the ViHage Redevelopment (V-R) area and involves new oonstruotion of a building that has a building permit valuation greater than $150,000. This Major Redevelopment Permit serves as the Site Development Plan required by Chapter 21.53 of the Cartebad OKN HOT€L - GPA OS^05/ZC 05-02/LCPA 05-02/RP 05-03/COP OS-14VSOP 05-04 MARCH 7, 2007 PAGE 2 Municipal Code for the portion of the property that faHs wKhin the V*R zoning. The project ateo includes a request for approval of a General Plan Amendment, Zone Change and Local Coastal Program Amendment, to change the General Plan and Local Coastal Program Land Use designations from Residential High Density <RH) to Travel/Recreation Commercial (T-R) and to change the Citywide Zoning and Local Coastal program designations from Multiple-Family Residential Zone (R-3) to Commercial Tourist Zone <C-T) for the portion of property located outside the Village Redevelopment Zone. In addition, the project requires a Site Development Permit for the portion of development located outside the V-R Zone and a Coastal Development Permit as the entire site is located within the Coastal Zone. Because the property is partially within and partially out of the Village Redevelopment Area, the split zoning designations on the property, the project's discretionary review is within the purview of both the Design Review Board and the Planning Commission. The Design Review Board maintains authority over all Redevelopment Permits and Coastal Development Permits within the Village Redevelopment Zone (V-R). For these permits the Design Review Board functions as an advisory board to the Housing and Redevelopment Commission. The Planning Commission has authority over the portion of the site that is located within the area currently Zoned R-3, with final approval authority over the Site Development Permit and functioning as a recommending body to the City Council for the General Plan Amendment, Zone Change, Local Coastal Program Amendment and Coastal Development Permit. The Design Review 8oard and Planning Commission are being asked to hold a joint public hearing on the permits requested, consider the public testimony and staffs recommendation on the project, discuss the project and then take action on the project. Table A, below, indicates the decision-making bodies that have authority over the various aspects of the project: TaWeA ~ 30) 8 0. NEGATIVE DECLARATION GPA 05-05 ZC 05-02 LCPA 05-02 COP 05- 14 RP 05-03 SOP 05-04 Planning Commission RA RA RA RA RA X Design Review Board RA RA RA City Council X X X X X Housing & Redev. Commission X X X Coastal Commission • RA = Recommended adoption/approval X = Final City decision-making authority • = Requires Coastal Commission approval OKN HOTEL - GPA 05-05/ZC 05-02/LCPA 05-02/RP 05-03/COP 05-14/SOP 05-04 MARCH 7, 2007 PAGE 3 •ill.PROJECT DESCRIPTION AND BACKGROUND The applicant, DKN Hotels, is requesting to construct a 104-room, SpringHill Suites, Marriott hotel on property located at 3136 Carlsbad Boulevard on the east side of Carlsbad Boulevard between Pine Avenue and Oak Avenue. The subject property is bordered by a 7-11 convenience store and other retail uses to the north, multi-family residential use to the south, multi-family residential and a proposed mixed use project to the east, and Cartsbad Boulevard to the west. The subject property consists of two-separate parcels <203-250-08 & 26) that are currently owned by the applicant. The total site area is .84 acres of which, .35 acres are located within the Village Redevelopment Area with frontage along Carlsbad Boulevard. The remaining .49 acres is located outside the redevelopment area boundaries and front Lincoln Street. Currently a 28 room two-story motel (Surf Motel), a 1,125 square foot restaurant (The Armenian Cafe), and a single-family structure occupy the site, all of which are proposed for demolition. The proposed project consists of the construction of a 62,354 square foot, three-story hotel With on-site amenities for guests including a breakfast room, business center, and ground-floor outdoor dining areas, as well as roof-top dining areas that front Carlsbad Boulevard with views of the ocean. The interior of the hotel includes amenities such as conference rooms, a business library, guest laundry, a swimming pool & spa, and an exercise room. On-site improvements include 125 underground parking spaces, circulation drive aiste, trash enclosures, exterior lights, and a six-foot tall masonry perimeter wall. The various guest rooms are broken down into king, double, accessible double, and suite rooms. The following chart shows the breakdown of room type per floor: ^^^_ First Floor Second Floor Third Floor Total King 15 22 24 61 Double 8 16 15 39 Double (Accessible) 1 1 1 3 Suite - - 1 1 Total 24 39 41 104 ANALYSIS The proposed project is subject to the following plans, ordinances and standards: A. General Plan; Village Redevelopment and Travel/Recreation Commercial (T-R) Land Use Designations; B. Local Coastal Program; Land Use Plan; Village Redevelopment and MeHo II Segments. C. Carlsbad Municipal Code, Title 21 {Zoning Ordinance) including: 1. Chapter 21.35 - Village Redevelopment Zone (V-R); 2. Chapter 21.29 -Commercial Tourist Zone <C-T); 3. Chapter 21.06 -Site Development Plan findings required by the Beach Area Overlay Zone; 4. Chapter 21.203 -Coastal Resource Protection Overlay Zone and; D. Growth Management Ordinance (Local Facilities Management Plan Zone 1) °re> DKN HOTEL - GPA 05-05/ZC OS-02/LCPA 054)2/RP 05-03/CDP OS-14/SOP 05-04 MARCH 7, 2007 PAG€4 The recommendation for approval of (his project was developed toy analyzing the -project's consistency with the applicable policies and regulations feted above. The following analysis section discusses compliance with each of these regulations/policies utilizing both text and tables. A. GENERAL PLAN CONSISTENCY Design Review Board Considerations The General Plan includes the following goals for the Village: 1) a City which preserves, enhances and maintains the Village as a place for living, working, shopping, recreation, civic and cultural functions while retaining the Village atmosphere and pedestrian scale; 2) a City which creates a distinct identity for the Village by encouraging activities that traditionally locate in a pedestrian-oriented downtown area, including offices, restaurants, and specialty shops; 3) a City which encourages new economic development in the Village and near transportation corridors to retain and increase resident-serving uses; and 4) a City that encourages a variety of complementary uses to generate pedestrian activity and create a lively, interesting social environment and a profitable business setting. The General Plan objective is to implement the Redevelopment Plan through the comprehensive Village Master Plan and Design Manual. The proposed project is consistent with the goals and objectives for the Village, as outlined within the General Plan, because it provides for a tourist/traveler serving use normally associated with coastal highways <Carlsbad Boulevard) in an appropriate location within the Village. The use in turn provides an additional customer case for local restaurants, specialty shops, and nearby convenience services. Additionally, the project provides new economic development by replacing the existing older underutilized uses on 4he subject property with a new full-service hotel use. The General Plan objective is to implement the Redevelopment Pten through the comprehensive Village Master Plan and Design Manual. 8y providing more hotel lodging, the project helps to create a lively, interesting social environment by encouraging and increasing the opportunity for 24-hour life in the Village, which provides-the necessary customer base to attract complementary uses. The project reinforces the pedestrian-orientation desired for the downtown area with a hotel location that provides an opportunity for hotel patrons to walk to shopping, recreation, and mass transit functions. The projects proximity to existing bus routes and mass transit will help to further the goal of providing new economic development near transportation corridors. Furthermore, the project will provide a strong street presence with extensive architectural relief, including outdoor patios along Carlsbad Boulevard. Parking is provided in a subterranean garage and not visible from public view. Overall, the new hotel will enhance the Village as a place for living and working. CONSISTENCY WITH VILLAGE REDEVELOPMENT AREA VISION. GOALS ANO OBJECTIVES Design Review Board Considerations The proposed project will be able to address a variety of objectives as outlined within the Village Master Plan and Design Manual as follows: Goal 1: Establish Carlsbad Village as a Quality Shopping. Working and Living Environment. The proposed project will result in the development of additional lodging opportunities within the visitor-serving Tourism Support Area (District 9) that is close 4o the retail and commercial core OKN HOT€L - GPA OS-05/ZC 05-02/LCPA 05-02/RP 05-03/COP 05-14/SOP 05-04 MARCH 7, 2007 PAGES of the ViHage Center (District 1). The proposed project is highly compatibte with *he surrounding area and contributes to establishing the Village as a quality shopping, working, and living environment by providing additional lodging for visitors who will shop and dine within the Village adding to the lively environment within the downtown area. The attractive architectural design of the project will serve to enhance the site and the surrounding area. Goal 2: Improve the Pedestrian and Vehicular Circulation in the Village Area. The absence of at-graole parking improves pedestrian and vehicular circulation in the area by eliminating the need for additional curb cuts. Additionally, the proposed project will be in close proximity to both bus and rail mass transit options and will thus encourage and promote the use of mass transit, further improving vehicular circulation in the Village. Goal 3: Stimulate Property Improvements and New Development in the ViHage. The Master Plan and Design Manual was developed in an effort to stimulate new development and/or improvements to existing buildings in the Village. The intent is that new development or rehabilitation of existing facilities will then stimulate other property improvements and additional new development. The proposed project will assist in the continued effort to improve the Village Redevelopment Area, specifically in the Tourism Support Area (District 9) by providing for an appropriate intensity of development that is compatible with the surrounding area. The proposed development of the subject property will serve as an additional catalyst for further redevelopment along Carlsbad Boulevard. Goal 4: Improve the Physical Appearance of the Village Area. The project has a design that is visually appealing. The architecture of the new structure meets the requirements of the design guidelines for the Village. Construction of the proposed project will reinforce the Village character with appropriate site planning and architectural design and materials that comply with City standards and requirements. In addition, the proposed project will establish a hotel with a scale and character that is appropriate along Carlsbad Boulevard. Planning Commission Considerations The proposed -General Plan Amendment to the Land Use Element would change the Land Use designation of a portion of the site from Residential High Density (RfH) to Travel/Recreation Commercial (T-R). The proposed T-R designation wouW be appropriate as a portion-of the existing 28-room motel is presently located within the RH Land Use designation and is considered an existing non-conforming use. The existing single family residence makes up the remainder of the proposed Land Use change area. The project can be found compatible with surrounding uses of miriti-family, commercial and other hotel uses in the immediate area. The site is topographically suitable for the development of T-R type uses, as the majority of the developable portion of the site has been previously developed with motel, commercial and residential uses. The proposed T-R Land Use designation would not result in any unavoidable adverse impacts to the area. The project will not generate a significant increase in average daily vehicle trips and Carisbad Boulevard is capable of handling the proposed vehicle trips. Adequate buffers in the form of building placement, setbacks and landscaping wHI separate the existing residential land uses to the south from the proposed hotel site. The project is proposing -to change the General Plan Land Use designation from f?H to T-R on .49 acres of the property. This would reduce the dwelling unit potential of the site by 9.3 dwelling untts. Consistent with Program 38 of the City's certified Housing Element, all of the !00 DKN HOTEL - GPA 05-05/ZC 05-02/LCPA OS-02/RP 05-03fCOP 05-14/SOP 05*04 MARCH 7, 2007 PAGE 6 dwelling units, which were anticipated toward achieving the City's share of the regional housing need that are not utilized by developers in approved projects, are deposited in the City's Excess Dwelling Unit Bank. These excess dwelling units are available for allocation to other projects. Accordingly, there is no net loss of residential unit capacity and there are adequate properties identified in the Housing Clement allowing residential development with a unit capacity, including second dwelling units, adequate to satisfy the City's share of the regional housing need. The project is consistent with the applicable policies and programs of the General Plan. Particularly relevant to the proposed hotel development are the Land Use, Circulation, Noise, and Public Safety elements. Table 8 below indicates how the project complies with these particular elements of the General Plan. TABLE 8 - GENERAL PLAN COMPLIANCE Element Use Classification, Goal, Objective or Program Proposed Use and Improvements Compliance Land Use T-R development to serve the travel and recreational needs of tourist, residents as well as employees of business and industrial centers. The project proposes a Genera IPIan Amendment to T-R for the development of a 104 room motel. Yes Circulation Adequate circulation infrastructure to serve the projected trips generated by the use. The existing Carlsbad Boulevard roadway is adequate in capacity to handle the traffic generated -by the proposed use. Yes Noise To achieve noise impact compatibility between land uses through the land use planning/development review process Project has been designed to reduce the amount of potential noise impacts to adjacent residential land uses through buttding form and restricting the hours of outdoor activities. Yes Public Safety Enforce the Uniform Building and Fire Codes, adopted by the City, to provide fire protection standards for all proposed structures. All necessary water mains, fire hydrants, and appurtenances must be reviewed during buHding design and installed prior to occupancy of any building. Yes B.LOCAL COASTAL PROGRAM AMENDMENT The subject properties are located in both the Village Redevelopment and Metio II Segments of the City's Local Coastal Program {LCP). The eastern portion of the site is located within the Mello II Segment and the western portion of the site is within the Village Redevelopment Segment of the LCP. The LCP consists of two parts - the Land Use Plan and the implementing ordinances. 'For the portion of the project site located in the MeHo II Segment, the implementing ordinances consist of the applicable portions of the Zoning Ordinance. This analysis section ,0 DKN HOTEL - GPA 05-05/ZC 05-02/LCPA 05-02/RP OS-O&COP 05-14/SOP 05-04 MARCH 7, 2007 PAGE 7 only addresses compliance with the Land Use Plan since Zoning Ordinance compliance is discussed in Section C below. The policies of the Mello II Land Use Plan 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 proposed LCP Land Use Amendment from Residential High Density (RH) -to T-R is consistent with the policies contained in the Land Use Plan for the Mello II Segment of the LCP. Since all of the affected properties are already subdivided and developed, no impacts to any physical features, such as scenic resources, environmentally sensitive areas, or geologic features, will occur. The change to the land uses over most of the existing developed properties does not preclude the continued conformance with the Mello II Segment policies. The policies of the LCP call for additional hotel/ motel rooms and visitor-serving uses within the Coastal Zone. No agricultural uses currently exist on the site, nor are there any sensitive resources located on the property. The proposed hotel is not located in an area of known geologic instability or flood hazard. The site is proposed to be Land Use designated Travel Recreation/Commercial and is proposing a hotel use. The property is located on the east side of Carlsbad Boulevard and there are no opportunities for vertical coastal access or recreational activities from the subject site. There is adequate vertical public access to public beaches located to the southwest of the site. Therefore, the project will not interfere with the public's right to physical access to the sea. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban *Runoff Management Program (JURMP) to avoid increased urban run off, pollutants and soil erosion. No development is proposed in areas of steep slopes (coastal bluff) and no native vegetation is located on the subject property. The site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction. The proposed DKN Hotel project must be consistent with 'the proposed C-T Zoning. The proposed actions would change the LCP zoning from R-3 to C-T zoning over the eastern portion of the site. The C-T zone implements the T-R Land Use designation. As stated above, the area proposed for the Land Use changes -covers the eastern portion of the site. The proposed hotel project is consistent with the Zoning Ordinance and the existing development. Consistency with the Village Redevelopment and MeHo II Segments of the Local Coastal Program Land Use Plan is applicable to this project. The Village Master Plan and Design Manual functions as the Local Coastal Program for the area. Therefore, as long as the project is consistent with the Village Master Plan and Design Manual, the project is consistent with the Local Coastal Program. Staff finds the proposed use to be consistent with the Village Master Plan and Design Manual and therefore toe Local Coastal Program. A Coastal Development Permit is being processed in both Local Coastal Program Segments concurrently and is a common permit for both the Redevelopment Permit and the GPA/ZC and "SOP applications. !OZ OKN HOTEL - GPA 05-05/ZC 05-02/LCPA 05-02/RP 05-03/COP 05-14/SOP 05XJ4 MARCH 7, 2007 PAGE 8 The Coastal Permit is not in the appeal area of the Calif. Coastal Commission. Given the above, the proposed DKN Hotel project is consistent with the Village Redevelopment and Mello II Segment Land Use Plans of the LCP. To date, no comments have been received during the required six-week LCPA pufcHic notice of availably period (February 24, 2006 - April 7, 2006). C. CONSISTENCY WITH ZONING DESIGNATION Design Review Board Considerations The Village Redevelopment Master Plan and the Village Redevelopment Design Manual, which implements the goals and objectives of the Village Redevelopment Master Plan are the controlling documents for projects within the Village. As set forth in the Village Master Plan and Design Manual, hotel projects are classified as permitted uses within Land Use District 9 of the Village Redevelopment Area. Permitted uses are defined as those uses which are permitted by right because they are considered to be consistent with the vision and goafs established for the district. Although these land uses may be permitted by right, satisfactory completion of the Design Review Process and compliance with all other requirements of the Redevelopment Permit Process is still required. The overall vision for the development of District 9 {Tourism Support) is to accommodate a wide mix of uses with an emphasis upon facilities, goods and services to tourists and regional visitors traveling along the coast. High quality hotels, restaurants, and retail shops are emphasized and multi-family development is permitted as part of a mixed-use project. The proposed project achieves this vision by providing a highly desirable hotel project, which promotes tourist lodging to the travelers along the coastal highway, while remaining sensitive to <he adjacent residential uses to the east through scale and design. The architectural design and site planning of 4he project helps to ensure that the residential portions of Oak Avenue remain a quality residential neighborhood. The proposed project supports the Village character for the area. The project is located in close proximity to mass transit, parks, the beach, retail, and commercial services. The project is consistent with the Village Master Plan and Design Manual and has also been determined to be consistent with the General Plan, as related to the Village Redevelopment Area. Development of the subject property will serve as a catalyst for future projects and help to promote the Village Design further within District 9. CONSISTENCY WITH DEVELOPMENT STANDARDS The project complies with all development standards and design criteria specified by the applicable ordinances as shown in Table C below. i 03 DKN HOTEL - GPA 05-05/ZC 05-02/LCPA 05-02/RP 05-03/COP 05-14/SOP OS-04 MARCH 7, 2007 PAGE 9 TABLE C - VR and CT/BAOZ Compfiarae Standard Arterial Setbacks: Setbacks required for arterials. V-RZone - 5'-20' C-T/BAOZ - N/A Side Yard Setback V-RZone -5'- 10' C-T/BAOZ -10' Rear Yard Setback Building Height V-RZone -45' C-T/BAOZ - 35' Lot Coverage V-R Zone < 80% C-T/BAOZ - N/A Parking 1.2 spaces/ room = 125 parking spaces required Proposed 7'-3" (See "reduction on standards" discussion below) N/A 0' *(See "reduction of standards" discussion betow) 10' adjacent to residential V-RZone -N/A C-T/BAOZ -N/A 43' 33 feet 8.5 inches 53% N/A 125 spaces provided Conformance Yes Yes Yes Yes Yes Yes Design Review Board Considerations Building Setbacks within V-R Zoning: The development standards within the Village Redevelopment Area require specific findings for projects that are below the maximum of the setback standard range. As set forth in the Village Redevelopment Master Plan and Design Manual, the top of the setback range is considered to be the desired setback standard. However, a reduction in the standard to the minimum, or anywhere within the setback range, may be allowed if the project warrants such a •reduction and the following findings are made by the Housing & Redevelopment Commission: 1. The reduced standard will not have an adverse impact on surrounding properties. 2. The reduced standard will assist in developing a project that meets the goals of the Village Redevelopment Area and is consistent with the objectives for the tend use district in which the project is to be located. 3. The reduced standard will assist in creating a project design which is interesting and visually appealing and reinforces the Village character of the area. The findings required allowing reductions in the front yard setback and <he south side yard setback at a level below the maximum and within the standard range are as foflows. First, ihe proposed setback will not have an adverse impact on surrounding properties as the reduced setback will aHow for the outdoor dining areas and the business center *o be dose to the street reinforcing the pedestrian interaction atong Carlsbad Boulevard helping to create a lively commercial block frontage. The reduced front yard setback will, therefore, encourage and maintain the existing visitor-serving commercial continuity and synergy that exists along Carlsbad Boulevard adding to the shopping experience in the Village. The reduced side yard OKN HOTEL - GPA OS-05/ZC 05-02/LCPA 05-02/RP 05-03/COP 05-14fSOP t)5-04 MARCH 7, 2007 PAGE 10 standard will help to break up the mass of the building allowing other portions of the building 4o be setback further. Second, the reduced standards will assist in developing a project that meets the goals of the Village Redevelopment Area and is consistent with the land use objectives in that the project will replace existing blighted structures with a visually appealing project that has scate and character that will improve the appearance and condition of the current Village hotel lodging stock helping to stimulate property improvements and further new development in the Village. The project will help to further establish Carlsbad Village as a quality shopping and living environment by providing an attraction for additional tourist-serving uses. Lastly, the reduced standards will assist in creating a project design that is interesting, visually appealing and reinforces the Village character of the area through setbacks that provide adequate space for landscaping and decorative paving at the ground floor allowing building recesses and relief along the various building planes. The reduced standards will assist in creating greater architectural articulation adjacent to the street and will assist in the effort to make the building visually interesting and more appealing which is a primary goal of the Village Design guidelines in reinforcing the Village character. Based on these findings, it is staffs position that the proposed project satisfies the setback requirements set forth for Land Use District 9 for the reduced front yard and south side yard setbacks. for approval of a portion of the north side yard setback, which is below the minimum setback range requirements for the subject land use district, a variance must be approved by the Housing and Redevelopment Commission. Variances may only be granted if the findings set forth in Section 21.35.130 of the Carlsbad Municipal Code are met. In order to approve the requested variance to allow the side yard building setback to be reduced to zero along a portion of the northern property line, the Design Review Board and Housing and Redevelopment Commission must be able to make the five findings -contained within Carlsbad Municipal Code Section 21.35.130. Staff offers the following justification for granting the requested variances to exceed the setback standards: Variance Finding #1: Because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zone regulation deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. Justification: Special circumstances exist that a*e applicable to the subject property that justify granting the requested variance. "First the shape of the lot is unusual due to its "wedged" shape configuration at the north end of the site fronting Carlsbad Boulevard. This shape restricts the design flexibility for new visitor-serving commercial uses. However, through the reduction (variance), the applicant is able to provide a large enough outdoor dining area at the north end of the site that will serve to reinforce the pedestrian interaction between hotel patrons and pedestrians helping to generate a lively commercial block frontage with visitor-serving commercial continuity. This is consistent with the goals and objectives of the Village that include attracting additional tourist serving commercial uses and reinforcing the pedestrian commercial continuity within the Village commercial districts. The additional outdoor dining area, enabled through the variance, is necessary at the north corner of the site in order to maintain the existing visitor-serving commercial continuity and synergy that exists along Carlsbad Boulevard. Variance Finding %2: The variance shall not constitute a grant of special privileges inoonsfstent with the limitations upon other properties in the vicinity and zone in which tne subject property is located. Justification: The granting of the variance will not constitute 3 granting -of special IQ5 DKN HOTEL - GPA 05-05/ZC 05-02/LCPA 05-02/RP 05-03/CDP 05-14/SOP 05-04 MARCH 7, 2007 PAGE 11 _ privileges as the property to the north currently has a zero foot side and rear yard setback. By allowing the subject project to abut the property tine to the north, the project will share the same setback standard as the property to the north. Allowing the setback standard below the 5-foot minimum will eliminate an area between the proposed and existing building that could collect trash and debris and eventually become a health and safety concern. Variance Finding #3: The variance does not authorize a use or activity, which is not otherwise expressly authorized by the zone regulation governing the subject property. Justification: The variance for this project falls on property within the V-f? zoning designation. The variance does not authorize a use or activity, which is not expressly authorized by the zone regulation governing the subject property, as a hotel use is a permitted use within Land Use District 9 (Tourism Support Area) of <he V-f{ zoning designation. Variance Finding #4: The variance is consistent with the general purpose and intent of the General Plan, Carlsbad Village Area Redevelopment Plan, and the Carlsbad Village Redevelopment Master Plan and Design Manual. Justification: The standards established in the Village Master Plan and Design Manual were intended to be somewhat flexible in order to encourage diversity and variety of development and to take into consideration the unique conditions associated with many of the properties in the redevelopment area. The reduced side yard setback is consistent with the existing site conditions to the north. The requested variance in no way changes the use or development of the site in a manner that is inconsistent with the general purpose and intent of the General Plan, Carlsbad Village Area Redevelopment Plan, and the Carlsbad Village Redevelopment Master Plan and Design Manual. Variance FindinQ #5: In addition, in the Coastal Zone, the variance is consistent with and implements the requirements of the certified Local Coastal Program and the variance does not reduce or in any manner adversely affect the protection of coastal resources as specified in the zones included in this title, and the variance implements the purposes of zones adopted to implement the Local Coastal Program Land Use plan. Justification: The variance is consistent with the intent of the requirements of the Village Master Plan and Design Manual, which functions as the Local Coastal Program for the area. As long as the project is consistent with the Village Master Plan and Design Manual, the project is consistent with the Local Coastal Program. The variance allows for a permitted hotel use with outdoor seating, which is consistent with the Village Master Plan and Design Manual and therefore is consistent with the Local Coastal Program. 8ased on these variance findings, it is staffs position that the proposed project warrants granting of a variance to allow the side yard buHding setback to be reduced to zero along the northern property line. Residential Density and Inclusionary Housing Requirements: There is no residential component proposed within this project. Therefore, residential density and inclusionary housing requirements are not applicable to this project. DKN HOTEL - GPA OS-05/ZC 05-02/LCPA 05-02/RP 05-OSfCDP 05-14/SOP 05-04 MARCH 7, 2007 PAGE 12 CONSISTENCY WITH DESIGN GUIDELINES Design Review Board Considerations All new projects within the Village Redevelopment Area must make a good faith effort to .design a project that is consistent with a village scale and character. The Design Review Board and the Housing and Redevelopment Commission, as appropriate, must be satisfied that ihe applicant has made an honest effort to conform to ten (10) basic design principles. These design principles are: 1. Development shall have an overall informal character. 2. Architectural design shall emphasize variety and diversity. 3. Development shall be small in scale. 4. Intensity of development shall be encouraged. 5. All development shall have a strong relationship to the street. 6. A strong emphasis shall be placed on the design of the ground floor facades. 7. Buildings shall be enriched with architectural features and details. 8. Landscaping shall be an important component of the architectural design. 9. Parking shall be visibly subordinated. 10. Signage shall be appropriate to a village character. The proposed project is consistent with the design principles outlined above. The project design provides for an overall informal character while expressing the unique nature of the use and site location. The architectural design provides for variety and diversity through the incorporation of the following elements: varying roof heights; a variety of roof pitches that range from a minimum of 5:12 to a maximum of 14:12; building articulation on all elevations; and varied building setbacks. The project incorporates an abundance of informal landscaping along the perimeter of the property, which works well with the building design. The building provides for a variety of architectural features and detaNs, which in addition to those previously described include divided-pane windows, a columned entryway, decorative rock work, and outdoor eating areas oriented towards the street. A summary of the design features related to the project <s provided as Exhibit 1 to this report. D. GROWTH MANAGEMENT (TRAFFIC, CIRCULATION. SEWER. WATER. RECLAIMED WATER AND OTHER SPECIAL CONSIDERATIONS) The project, as conditioned, shall comply with the City's requirements for the following: Traffic & Circulation: Projected Average Daily Traffic (ADT): 824 AOT (additional new ADT of 452) Traffic Study was prepared by Linscott Law and -Greenspan Engineers, dated October 27, 2005. Comment: Carlsbad Boufevard access to the site will be restricted to right turns only. A raised median on Carlsbad Boulevard will prevent left turns from *he project driveway. There is also an access restricted to "loading only" on Lincoln Street. Outbound project traffic wishing to travel south on Carlsbad Boulevard can make a LMwn at the intersection of Carlsbad Village 107 DKN HOTEL - GPA 05-05/ZC 05-02/LCPA 05-02/RP 05-03/CDP 05-14/SOP 05-04 MARCH 7, 2007 PAGE 13 _ Drive and Carlsbad Boulevard. Southbound project traffic entering the project site can make a U-turn at the intersection of Carlsbad Boulevard and Pine Avenue. The proposed project will generate 824 AOT. The existing uses on site to be demolished generate 372 ADT. Since the AOT from existing uses will be nullified by demolition, the net expected AOT generated will be 452. All frontage and project related roadways are conditioned to be designed and constructed concurrent with development of this project. Sewer: Sewer District: Carlsbad Municipal Water District Sewer EDUs Required: 104 units wfthout kitchens (0.60) edu/dwelling x 104 suites = 171.6 EDUs Comment: An 8 inch sewer main exists in Lincoln Street and a 6 inch sewer main exists in Carlsbad Boulevard. Provided that the existing sewer lateral in Lincoln Street is appropriately sized, the project will connect to this lateral. Otherwise a new (minimum 6 inch) lateral will be installed. The project is conditioned to require a submittal of a sewer study to determine the required lateral size and other pertinent information. Water: Water District: Carlsbad Municipal Water District <3PD required: 61,860 square foot building x 2,300 gpd/10,000 square foot building = 14,228 Comment: No major water issues are associated with this proposed -project. Adequate fire and domestic water supply will be available to the project. Service will be -provided by connecting -to the existing 10 inch water service in Carlsbad Boulevard. Softs & Grading: Quantities: Cut: 14,870 cy Fill: 80 cy Export: 14,790 cy Import: Ocy Permit required: Yes Off-site approval required: No Hillside grading requirements met: N/A Addendum No. 1 Preliminary Geotechnical Investigation performed by: ieighton Consulting, Inc. dated November 23, 2005 Comment: The onsite soils have a tow to very tow expansion -potential. The onsite soils are suitable for compacted fill. Excavations approximately 20 feet deep are proposed for the underground parking garage. Given the depth of cut and close proximity to offsite structures, the soils engineer recommends that shoring operations be performed =by a specialty contractor. !D& OKN HOT€L - GPA 05-05/ZC 05-02/LCPA 05-02/RP 05-03/COP 05-14/SOP 05-04 MARCH 7, 2007 PAGE 14 Drainage & Erosion Control: Drainage basin: 8 Preliminary hydrology study performed by: Aquaterra Engineering Inc. 1843 'Camesino Place, Oceanside CA 92054. Erosion Potential: Low Comment: There are no major drainage issues associated with this project. The drainage patterns affecting the site are divided into four basins. The net difference in runoff from the existing development to the proposed development for a 100 year frequency storm is -0.1 cubic feet per second (cfs). A combination of rerouting drainage, directing drainage through grass swales and to a retention basin with dewatering pit allows for a slight decrease in offsfte drainage runoff. A Preliminary Storm Water Management Plan was submitted to address storm water quality concerns. A combination of vegetated swales, an infiltration basin, inlet filters for the underground garage and filters installed in the downspouts for treatment of roof drainage will treat onsite drainage for anticipated pollutants prior to discharge to the public storm drain pipe. Land Title: Conflicts with existing easement: None. Easement dedication required: a private drainage easement will need to be recorded for the abutting property to the south. Site boundary coincides with land title: Yes Comment: No major land title issues are associated with this project. The project is conditioned to consolidate the four parcels within the development boundaries into one tot. Improvements: Off-site improvements: Curb, gutter, sidewalk, street and bike lanes and medians on Carlsbad Boulevard exist. No further improvements are necessary on Carlsbad Boulevard other than removal of a driveway and replacement with curb, gutter and sidewalk and installation of a new driveway and drainage curb outlet. On Lincoln Street, new curb, gutter and sidewalk will be installed along with street pavement widening needed to bring the stfeet-to-centertine width to 21.5 feet. These improvements will transition into exiting curb, gutter and sidewalk to the northwest and southeast. Also, the pavement between the street centerline and curb along the property frontage shall be resurfaced where needed. A domestic water line and fire service line will be installed on Lincoln Street. Standard variance required: No. Comment: No major improvement issues are associated with this proposed project. \cf\ OKN HOTEL - GPA 05-05/ZC OS-02/J.CPA 05-02/RP OS-03/COP 05-14/SDP 05-04 MARCH 7, 2007 PAGE 15 IV. ENVIRONMENTAL REVIEW The Planning Department has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified no potentially significant environmental impacts and a Negative Declaration was issued for the subject project by the Planning Director on December 28, 2006 and made available for public review. No comments were received on the environmental document during the 30 public review period (December 28, 2006 through January 27, 2007). Because the project is subject to the approval of two different decision-making bodies (City Council and Housing and Redevelopment Commission), the Negative Declaration, which applies to both parts of the project, must be adopted by both the City Council and Housing and Redevelopment Commission. V. ECONOMIC IMPACT The proposed project is anticipated to have a significant positive financial impact on (he City and the Redevelopment Agency. First, the redevelopment of under-utilized properties will result in increased property taxes. This increase in property tax will result in increased tax increment to the Redevelopment Agency. Second, the project will generate significant transient occupancy taxes which will benefit the City as a whole. Third, it is hoped that the project will serve as a catalyst for other improvements in the area, either new development or rehabilitation of existing buildings. Finally, the project will result in the construction of a new development and elimination of a blighting influence within the area. VI. CONCLUSION Staff is recommending approval of the project with findings to grant a variance for a portion of the north side yard setback that is below the minimum of the standard range. The project will have a positive fiscal impact on both the City and the Redevelopment Agency and will assist in fulfilling the goals and objectives of the Village Redevelopment Master Pten. no OKN HOT€L - GPA 05-05/ZC 05-02/LCPA 05-02/RP 05-03/COP OS-14/SOP 05-04 MARCH 7, 2007 PAGE 16 EXHIBITS: 1. Exhibit 1, Staff Analysis of Project Consistency with Village Master Plan Design Guidelines. 2. Design Review Board Resolution No. 319 <RP) 3. Design Review Board Resolution No. 320 (COP) 4. Design Review Board Resolution No. 321 <Neg. Dec.) 5. Planning Commission Resolution No. 6254 (Neg.Oec.) 6. Planning Commission Resolution No. 6255 (GPA) 7. Planning Commission Resolution No. 6256 <ZC) 8. Planning Commission Resolution No. 6257 (LCPA) 9. Planning Commission Resolution No. 6258 <CDP) 10. Planning Commission Resolution No. 6259 (SOP) 11. Location Map 12. Background Data Sheet 13. Local Facilities Impact Assessment Form 14. Disclosure Statement 15. Reduced Exhibits 16. Exhibits "A" - "R" dated March 7, 2007 111 WLLAG€ MASTER PLAN DESIGN GUIDELINES CHECKLIST "eject: °«N Marriott Provide variety of setbacks along any singte commercial Week front. Provide benches and low walls along public pedestrian frontages. Maintain retail continuity along pedestrian-oriented frontages. Avoid drive-through service uses. Minimize privacy loss for adjacent residential uses. Encourage off-street courtyards accessible from major pedestrian walkways Emphasize an abundance of landscaping planted to create an informal character Treat structures as individual buildings set within a landscaped green space, except for buildings fronting on: Carlsbad Village Drive, State Street, Grand Avenue, Carlsbad Boulevard and Roosevelt Street The project provides various setbacks and outdoor eating areas in order to provwte setback -from Carlsbad Boulevard. The building setbacks are appropriate for the location. The project does not provide benches or low lying walls 'but does have outdoor seating areas for guests of the hotel. Outdoor dining and seating areas are incorporated along the Carlsbad Boulevard frontage. The proposed project will not conflict with retail continuity. Outdoor dining is provided along building frontage in order to encourage greater interaction with the pedestrians atong Carlsbad Boulevard. No drive through service use is included in project. The project provides ampte setbacks and appropriate landscaping in order to reduce impacts to adjacent residential uses to the south. In addition, the building has minimal windows facing to the south in order to reduce privacy toss. The project location does not lend itself to courtyards for pedestrian use. Landscaped areas along all sides of the building, within 4he parking tot, and within the recreational area of the project will provide for an informal character/sett ing . Landscaping will be provided along afl sides of the buHding. Provide landscaping within surface parking lots Provide access to parking areas from alleys wherever possible. Locate parking at the rear of lots. The project provides two-levels of subterranean parking, in which landscaping is not suitabte for growth. The property is not located adjacent to an altey. Parking is subterranean and not visible from the street. I Ill Devote all parking tot areas not specifically required for parking spaces or circulation to landscaping. Avoid parking in front setback areas. Avoid curb cuts along major pedestrian areas. Avoid parking in block corner locations. Provide setbacks and landscaping between any parking tot and adjacent sidewalks, alleys or other paved pedestrian areas. Avoid buildings which devote significant portions of their ground floor space to parking uses. Place parking for commercial or larger residential projects below grade wherever feasible. Enhance parking lot surfaces. lading Provide for variety and diversity. Each building should express its uniqueness of structure, location or tenant and should be designed especially for their sites and not mereoopies of generic building types. Step taller buildings back at upper levels. Break large buildings into smaller units. Maintain a relatively consistent building height along btock faces. Utilize simple building forms. Trendy and "took at me" design solutions are strongly discouraged. All areas -not required for parking spaces, driveway aisles, or trash enclosures have been landscaped. No parking is provided in the front setback area. There will be one curb ,cut of minimal width atong Carlsbad Boulevard to provide ingress and egress to the property. The subject property is not located on a corner. Landscaped setbacks are provided around the entire perimeter of the property. The parking is provided betow-grade. The parking is provided below-grade. The driveway entry provides enhanced paving. The proposed design of the building provides -for articulation in the building, varying roof forms, and other architectural features which provide for a unique character. At its peak, the proposed project is approximately 43' in height. The project includes several varying roof heights and roof pitches that range from 5:12 to 14:12. These design elements serve to break " up the overall mass of the structure. The project is designed in an "L" shape which serves to break up the overall mass of the structure. The height of the building is consistent with the height of the Carlsbad Inn located to the west of the subject property and recently approved projects to the east. Existing hotels along Carlsbad Boulevard range from 2-3 stories in height. The building has been designed with simple lines and forms but allows for representation of the Village character desired for the area. The building , is not trendy or "Hook at me" in design. ib Emphasize the use of gable roofs with slopes of 7 in 12 •or .greater. Encourage the use of dormers in gable roofs. Emphasize wood and composition shingle roofs, with the exception that in the Land Use District 5 day tile roofs are acceptable. Avoid Flat Roofs Screen mechanical equipment from public view. Avoid mansard roof forms. Roof pitches of 12:12 and 14:12 are common with the proposed project resulting in the desired steep roof pitch. Dormers have been incorporated into the project design. The project provides a wood composition shingte roof which is consistent with the architectural design intended for the project as well as other projects in the area. The building does not incorporate flat roofs. This will be a requirement of the project. The project utilizes mansard roof forms in order to reduce overall building height and provide desired roof pitch. Emphasize an informal architectural character. Building facades should be visually friendly. Design visual interest into all sides of buildings. Utilize small individual windows except on commercial storefronts. Provide facade projections and recesses. Give special attention to upper levels of commercial structures. • 8y providing for attractive facades and landscaping, the project is very visually appealing. Visual interest is added to the building through architectural features. The design of the building incorporates design elements into all building facades, thereby creating visual interest in the building. The project makes good use of divided-pane windows, a columned entry feature, applied surface ornamentation, varying roof peaks, and landscaping. The proposed project provides for divided paned windows through out the buHdtng to achieve the Village character. The building design provides for recesses and projections which will create shadows and contrast. The upper levels of this building provide for attractive window features, applied ornamentation, and varying roof heights which reflects special attention in design. Provide special treatment to entries for upper level uses. Utilize applied surface ornamentation and other detail etements for visual interest and scale. Respect the materials and character of adjacent development. Emphasize the use of the following wall materials: wood siding; wood shingles; wood board and batten siding; and stucco. Avoid the use of the simulated materials; indoor/outdoor carpeting; distressed wood of any type Avoid tinted or reflective window glass. Utilize wood, dark anodized aluminum or vinyl coated metal door and window frames. Avoid metal awnings and canopies. Utilize light and neutral base colors. Limit the materials and color palette on any single building (3 or less colors) „.*,•* "*!*- ~ Jt*;fe * Si*,"! j *" ~W%&. Provide significant storefront glazing. Avoid large blank walls. Encourage large window openings for restaurants. Encourage the use of fabric awnings over storefront windows and entries. Emphasize display windows with special lighting. Encourage the use of dutch doors. The upper levels of ihis building will be accessed through internal stairways. Therefore, no special treatment of upper level use entries is necessary. Detail etements have been incorporated into the entire project by design. The windows and entrance design all provide for detail which adds visual interest. Applied surface ornamentation and varying wall materials also enhance the overall architectural detail. The materials and colors proposed for the building " will not conflict with adjacent developments. The exterior walls utilize river rock detail on the first and second stories. Stucco is used on other surfaces. None of the noted materials have been indicated for use. The windows are clear glass. The applicant will be using divided-pane vinyl windows. The applicant has proposed no awnings or canopies. The project utilizes a light and neutral color scheme. The project incorporates less than Sectors. Due to the type of commercial facility, this design feature is not applicable. The project has been designed with no large blank walls. Not applicable; no restaurant proposed within the protect. Large windows are provided along lower level in order to encourage greater interaction with the street. No fabric awnings to be used; not a retail or storefront operation. No display lighting. Not applicable to project. Project design does not lend itself to the use of , IVo Utilize small paned windows. Develop a total design concept. Provide frequent entries. •Limit the extent of entry openings. Avoid exterior pull down shutters and sliding or fixed security grilles over windows along street frontages. Emphasize storefront entries. Integrate fences and walls into the building design. Encourage front entry gardens Locate residential units near front property lines and orient entries to the street. Provide front entry porches. Provide windows looking out to the street. Utilize simple color schemes. Provide decorative details to enrich facades. Emphasize "cottage" form, scale and character Emphasize an abundance of landscaping. Limit access drives to garages or surface parking areas. Encourage detached garages which are subordinate in visual importance to the house itself. •Provide quality designed fences and walls. Visually separate multi-family developments into smarter components. dutch doors. The applicant is using small divided paned windows throughout. All facade design elements are unified. The appli- cant was abte to develop a total design concept with is afso functional and visually interesting. The project does provides a sufficient number of entrances acceptable for the proposed use. The extent of the entry openings has been limited through the design. The project does not include pull down shutters, sliding or fixed security grilles over windows along the street frontage. Not applicable to this project. Fences and watts have been incorporated into the building design. Not applicable. Not applicable. Not applicable. Not applicable. Not applicable. Not applicable. Not applicable. Not applicable. Not applicable. Not applicable. Not applicable. Not applicable. BACKGROUND DATA SHEET CASE NO: GPA 05-05/ZC 05-Q2/LCPA-05-02/RP 05-t)3/SDP 05-04/CDP05-14 CASE NAME: DKN MARRIOTT APPLICANT: DKN Hotels REQUEST AND LOCATION: Request for a recommendation to the City Council Co adopt a Negative Declaration, and recommendation of approval of a General Plan Amendment. Zone Change. Local Coastal Program Amendment, and Coastal Development Permit, and approval of a Site Development Permit: and a recommendation to the Housing and Redevelopment Commission to adopt a Negative Declaration and a recommendation of approval of a Major Redevelopment Permit and Coastal Development Permit for the demolition of an existing a hotel, restaurant, and single family residence and for the construction of a 3-story. 104-room hotel project on property located at 3136 Carlsbad Boulevard on the east side of Carlsbad Boulevard between Pine Avenue and Oak Avenue in Land Use District 9 of the Carlsbad Village Redevelopment Area, in the Village Redevelopment and Mello II Segments of the Local Coastal Program and in Local Facilities Management Zone 1. LEGAL DESCRIPTION: Portion of Block 18. Town of Carlsbad per Map No. 775. Recorded 2-15-1894 and Portion of Tract 100. Carlsbad Lands per Map 1661. Recorded 3-1- 1915. all in the City of Carlsbad. County of San Diego. State of California. APN: 203-250-08 and 26 Acres: J54 Proposed No. of Lots/Units: 104 hotel units GENERAL PLAN AND ZONING Existing Land Use Designation: V (VillageVRH Proposed Land Use Designation: V/TR Density Allowed: N/A Density Proposed: N/A Existing Zone: VR/R-3 Proposed Zone: VR/C-T Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use Site V/R-3 VR/RH Motel/SFR North VR V Retail <7/ll) South R-3 RH Multi-family residential East R-3 RH Single and Multi-family West V-R V Multi-family residential ftevised 01/06 I I / LOCAL COASTAL PROGRAM Coastal Zone: f3 Yes f~| No Local Coastal Program Segment: Village Redevelopment and Mello II ^ Within Appeal Jurisdiction: O Yes (^ No Coastal Development Permit: ^ Yes Q No Local Coastal Program Amendment: 1X1 Yes f~l No Existing LCP Land Use Designation: RH Proposed LCP Land Use Designation: T-R Existing LCP Zone: R-3 Proposed LCP Zone: C-T PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 171.6EDU ENVIRONMENTAL IMPACT ASSESSMENT Categorical Exemption. Negative Declaration, issued December 26. 2006 | I Certified Environmental Impact Report, dated | | Other, Revised 01/06 115 CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: DKN MARRIOTT - GPA 05-OS/ZC 05-t)2/LCPA 05-02/RP 05-03/CDP 05-14/SDP 05-04 LOCAL FACILITY MANAGEMENT ZONE: i GENERAL PLAN: RH ZONING: R-3 DEVELOPER'S NAME: DKN Hotels ADDRESS: 540 Golden Circle Dr. #214. Santa Ana. CA 92705 PHONE NO.: (114) 480-0661 ASSESSOR'S PARCEL NO.: 203-250-08 and 26 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): .84 Ac ESTIMATED COMPLETION DATE: ASAP A. City Administrative Facilities: Demand in Square Footage = N/A B. Library: Demand in Square Footage = N/A C. Wastewater Treatment Capacity (Calculate with J. Sewer) 171.6EDU D. Park: Demand in Acreage = N/A E. Drainage: Demand in CFS = 4.37 Identify Drainage Basin = B_ F. Circulation: Demand in ADT = 452 G. Fire: Served by Fire Station No. = j H. Open Space: Acreage Provided = N/A I. Schools: Carlsbad N/A J. Sewer: Demands in EDU, 171.6 Identify Sub Basin = Vista/Carlsbad K. Water: Demand in GPD = 14.228 L. The project is 9 units below the Growth Management Dwelling unit allowance. -J City of Carlsbad Planning Department DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on-all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust receiver, syndicate, in this and any ofber county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit" Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person, Titk Corp/Tart flKN HnteJs Title Address Address 5tO golden Circle Or. #214 Santa Ana, CA 92705 OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership <i.e, partnership, tenants in common, non-profit corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning mor«e than 10% of the shares. EF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES. PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person, Title Corp/Part Title OKN / Oahya Patel Address Address 5i|0 Co{den Circle Or. 12 1U Santa Ana, CA 92705 120 1835 Faraciay Avenue • Csrfsbaci, CA 92OO6-7314 • (760) 5O2-4SOO • FAX <76O) 6O2-8559 3. NON-PROFIT ORGANIZATION OH TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-prdfit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust. Title : Title Address Address 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (]2) months? I j Yes /\ No If yes. please indicate person(s):_ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. of owner/daw ' Signature of applicant/date • L • Print or type name of owner Print or type name of applicant Signaturrbf owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent HiADf/HNVCOUNTEmDtSClDSURE STATEMENT 5/98 Page 2 -Of 2 HIo t ;.•!«! ill'll.l fl*-;fc~ 1 S Si in i -fm KEttje«£i IPPIgfefeur hi! «s w liiiw» ii' *r:• *•' S S! I ii i « ill, • = 5 ^ •• i U) C 111 £ iu£ iu «. & S £ 2232 s J I = tt K iff 1 ~5 in ii BBBBSE3B B BE I i> -j'-;-ff, of BE NTOONH •-'•"l:':':''^:"?-^-^-''.-''"^^ !{ I1 II n if II -J LJ Li Ej II if!• It ii a 8 If M i •i-Ri co I?)) II trina I M i* ::*•n ii i WVOBS truj 8UJa i R S I! :;*•Ti! i! UJ UJ -5 WVOOS NNOO^l WdOO-'C •g fi PIS H ill! CO I r i I! ! I 1 i 1 1 HU 3 1 £1Ifc ii" 12 • •cEl ii I ; \(0frni SEE. < ;; *•'ft s *i i tH-H-i- Mi |i «' y ' ~- -si. TS .=-Et-B8_gd*y .i^Wmg.'r""*"°"*jj gt ---),*=.»«—a I^JLJil....,-! ^N^^^jaa^zd^ggU-^E-~ m—i ,**^_~^s ^vr-^g^.^Tm''. •.«'/ ^''iiit i ^, caf* i fiiiiii Planning Commission Minutes March 7, 2007 Page 1 EXHIBIT 8 Minutes of: PLANNING COMMISSION Time of Meeting: 6:00 p.m. Date of Meeting: March 7, 2007 Place of Meeting: COUNCIL CHAMBERS CALL TO ORDER Planning Commission Chairperson Baker called the Joint Meeting of the Planning Commission and the Design Review Board to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Commissioner Dominguez led the Pledge of Allegiance. ROLL CALL Present: Chairperson Baker and Commissioners Cardosa, Montgomery, Dominguez, Douglas, and Segall; Board Members Baker, Lawson, and Schumacher Absent: Commissioner Whitton and Board Members Hamilton and Whitton Staff Present: Don Neu, Planning Director Jane Mobaldi, Assistant City Attorney Michele Masterson, Management Analyst David Hauser, Deputy City Engineer, Development Services Debbie Fountain, Housing and Redevelopment Director Van Lynch, Senior Planner Elaine Blackburn, Senior Planner Pam Drew, Associate Planner Cliff Jones, Assistant Planner, Housing and Redevelopment David Rick, Associate Engineer Chris Scobba, Associate Engineer Chairperson Baker directed everyone's attention to the slide on the screen to review the procedures the Commission would be following for that evening's Public Hearing. PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA None. PUBLIC HEARINGS Chairperson Baker opened the Public Hearing and asked Planning Director Don Neu to introduce the first joint-hearing item. 1. GPA 05-05/ZC 05-02/LCPA 05-02/RP 05-03/CDP 05-14/SDP 05-04 - DKN HOTEL - Request for a recommendation to the City Council to adopt a Negative Declaration, and recommendation of approval of a General Plan Amendment, Zone Change, Local Coastal Program Amendment, and Coastal Development Permit, and approval of a Site Development Permit; and a recommendation to the Housing and Redevelopment Commission to adopt a Negative Declaration and a recommendation of approval of a Major Redevelopment Permit and Coastal Development Permit for the demolition of an existing hotel, restaurant, and single family residence and for the construction of a 3-story, 104-room hotel project on property located at 3136 Carlsbad Boulevard on the east side of Carlsbad Boulevard between Pine Avenue and Oak Avenue in Land Use District 9 of the Carlsbad Village Redevelopment Area, Planning Commission Minutes March 7, 2007 Page 2 in the Village Redevelopment and Mello II Segments of the Local Coastal Program and in Local Facilities Management Zone 1. Mr. Neu introduced Joint Hearing Agenda Item 1 and stated Senior Planner Van Lynch, Assistant Planner Cliff Jones, and Associate Engineer David Rick would make the Staff presentation. Chairperson Baker asked if the applicant wished to continue with only six Commissioners and three Board Members present. The applicant confirmed that he would. Chairperson Baker opened the Public Hearing on Joint Hearing Agenda Item 1. Staff gave a brief presentation and stated they would be available to answer any questions. Chairperson Baker asked if the Commission had any questions of Staff. Commissioner Montgomery stated the site is currently occupied by a motel and a restaurant. He added the proposed development contains some dining amenities and requests several zone changes and General Plan amendments in order to proceed, but does not offer a replacement for the current restaurant. He asked what efforts were put into including a restaurant in the development that the citizens of Carlsbad could have enjoyed. Assistant Planner Cliff Jones stated Staff did review the idea of including a restaurant use within the hotel itself, but due to economic reasons it could not be accommodated. He added the applicant could offer more details on this subject, but one thing Staff did note is that although the site is experiencing a loss of active frontage through a restaurant use along the front property line, there is also a gain of additional active frontage to the south of the site, which was a requirement of Staff. Mr. Jones stated Staff has spoken with the owner of the restaurant currently located at the site in hopes of finding an alternative location within Carlsbad Village. Commissioner Segall asked Staff to display the aerial view of the site and requested confirmation that the red line located near the 7-Eleven store is the zero setback that has been referred to and if it is only that one corner. Mr. Lynch stated that is correct. Commissioner Segall asked what the normal setback requirement is. Mr. Jones stated the normal setback requirement in the V-R Zoning is a range between 5 and 10, but he added he would need to double-check the report. Commissioner Segall asked if that area is the only area requiring a variance. Mr. Jones stated that is the only area. Commissioner Segall asked where the variance for the 7-Eleven store is located. Mr. Jones stated the entire center located at Oak Avenue and Lincoln Street is being referred to as 7-Eleven store; that could be corrected. He added the commercial building, where the 7-Eleven store is located, is abutting the property at the northwesterly corner of the subject site, as indicated by a red line on the site map. He stated this is the zero-foot setback area that the adjacent center shares with the subject property. Board Member Lawson asked Staff to elaborate on the restaurant use for the proposed development; in particular, the area on the map labeled as a breakfast room. He added by labeling it as a breakfast room it is implied that the room will only be used during morning hours. He asked if the area would be open for public dining. Mr. Jones stated the space would be intended for the hotel patrons only. As to the hours of use, Staff would have to defer to the applicant for further explanation. Commissioner Dominguez asked Staff to outline the area that is designated as a breakfast room on the map. Mr. Jones displayed the map and pointed out the area as requested. Commissioner Dominguez asked if there would be outside dining in that area. Mr. Jones stated there is outside Planning Commission Minutes March 7, 2007 Page 3 patio dining in that area, as well as a roof deck patio area. Commissioner Dominguez asked if the roof deck on the southern portion of the deck would include dining. Mr. Jones pointed out the location of the kitchen on the map and added he is unsure if food will be served on the patio deck. Chairperson Baker asked if there were any further questions of Staff; seeing none, she asked if the applicant would like to give a presentation. Paul Klukas, Planning Systems, 1530 Faraday Avenue, Suite 100, Carlsbad, gave a brief presentation with the assistance of Eric Jacobs, Senior Vice President, Lodging Development- Marriott, 200 Fernwood Drive, Washington, D.C., and Joseph Wong, Joseph Wong Design Associates, 2359 4th Avenue, Suite 300, San Diego, stating they would be available to answer any questions. He added the property owner/developer, Mr. Patel is present and could also address questions. Commissioner Segall asked if the brochures from Marriott could be distributed among the Commissioners and Board Members. The applicant passed out the brochures. Commissioner Montgomery asked if any other Marriott SpringHill Suites operate in conjunction with a restaurant. He also asked what type of restaurant will be included within this development and added what type of potential use could be expected of the area not designated as a breakfast room. Mr. Jacobs stated generally speaking a Marriott SpringHill Suite does not offer full-service dining. He added there are urban developments where a portion of the building has been leased to a third- party, outside operator. The Marriott SpringHill Suite is a select service hotel, as opposed to a full-service hotel; the biggest defining difference being the restaurant and lounge and whether or not either of them is included. The proposed development will offer a full hot and cold breakfast that will be complimentary to internal guests. Mr. Jacobs stated the lobby space is flexible and can be used as a lounge and even possibly contain cocktail service in the evening. He stated the hotel will be designed for the internal traveler, but an outside guest would certainly be welcome to come in and utilize the amenities. Commissioner Montgomery asked what type of use could be expected for the area currently designated as a breakfast room. Mr. Jacobs stated he could not comment nor make a commitment on behalf of the owner of the property, but in his opinion, a walk-up retail opportunity that could be used by in-house or walk-up guests is possible. He added the area on the property that is designated as a breakfast room is really a place holder for some additional space and at some point a determination will be made as to what the highest and best use is for that area. Commissioner Douglas asked if the proposed property will feature a banquet room where weddings or parties could be accommodated. Mr. Jacobs stated there will be a small conference room that would be geared toward small corporate meetings or small impromptu local meetings. He added the layout does not allow for a full-blown catered event and, at 0.80 acres, there is no social opportunity for a large-scale wedding or local event. Mr. Jacobs stated there will be some very nice outdoor venues, either the rooftop deck or the outdoor patio that could host some local parties. Commissioner Douglas asked about the rooftop area and what has been considered for that location. Mr. Jacobs stated it will certainly be a feature that will sell within the property, but it is still a fairly limited deck. Commissioner Douglas asked how many people could occupy the deck. Mr. Jacobs stated the rooftop deck will seat 40 people. Commissioner Douglas asked if the interior decorations would be modem. Mr. Jacobs stated the guest room package would have to be customized to meet the local flavor, but the modern style is a standard offering in terms of a guest room interior design package. Commissioner Douglas asked how many suites would be included within the development. Mr. Jacobs stated all of the guest rooms are what would be referred to as studio suites, which would be 15-foot by 26- to 32-foot. He added they will all have a small divided area, a separated bathroom 145 Planning Commission Minutes March 7, 2007 Page 4 from the shower area, and a separate sink, which would allow for more of a studio-style living, but is not a distinct two-room suite. Commissioner Cardosa asked what the conference room square footage would be and what type of uses could be expected. Mr. Jacobs stated it would be 800 to 1,000 square feet and could host a small meeting room opportunity, seating 18 to 20 in boardroom style or more if used classroom or theater style. He added the size of the conference facility is commensurate with the size of the hotel and type of customer that will be attracted to this location. Commissioner Cardosa asked who would have access to the conference facility. Mr. Jacobs stated guests as well as members of the public would have the opportunity to utilize the space. Board Member Lawson stated he is curious about the various product types that Marriott has to draw from. He added this is located in an area that appears to be a tourist-type area, which attracts families and other types drawn to the beach. Board Member Lawson stated the project is being presented as a business traveler's hotel and he added he is curious as to how Marriott differentiates between that and the market associated with it or how the conclusion is made that this is a business- oriented area. Mr. Jacobs stated there is fluctuation throughout the year, but if one were to look around Carlsbad Sunday through Thursday, there are corporate travelers throughout the market; one would not find a lot of families traveling during this time. He added the common hotel guest is a business traveler who wants to be located close to the ocean, who is fitness minded and looking for the Carlsbad Village experience. Mr. Jacobs stated SpringHill Suites is a hybrid product that lends its hand in the high leisure time because of the distinct spaces and the oversized guest rooms. He added it will also be a benefit to drawing family travelers during the off-season and weekends. Board Member Lawson asked what would be the approximate length of stay for the average guest. Mr. Jacobs stated an average of 2!4 to 3 night stay could be expected. He added that extended day travelers are also attracted and their average stay would be between 4 and 8 nights. Board Member Lawson asked if all service related activities are planned to enter the site from Lincoln Street. Mr. Jacobs stated all service would enter from the back side of the site. Board Member Lawson asked if any patron access would be located on the back side. Mr. Jacobs stated his belief is that there will be only emergency exits located on the back side of the site. Board Member Lawson asked for an elaboration on a statement that was made during the applicant's presentation regarding the project being pedestrian-friendly. Mr. Klukas pointed out several open space areas on the site map, especially the area currently designated as a breakfast room. He added this area could be utilized as a walk-up coffee or juice bar, or perhaps a souvenir stand, as long as the use would not require additional parking. He stated the general point he is making is that when one walks along the front of the project, it is not just one long line of building; it has interesting details to view on the ground floor. Assistant City Attorney Jane Mobaldi stated she wants to point out to the Commissioners and Board Members that the findings that are being made at tonight's hearing are whether or not the proposed use meets the respective findings, which need to be made in order to approve the project. She added whether or not the applicant could have or should have had a different product is a different question. She stated she is not aware of any requirement that any portion of this project must be open to the public and asked Mr. Jones for clarification. Mr. Jones stated there is no requirement that states the hotel must be open to the public. The hotel use will be open to the hotel paying patrons. Mr. Klukas stated the applicant would accept a condition including some type of required public use in the breakfast room, providing it did not affect the parking requirement. He added the assumption Planning Commission Minutes March 7, 2007 Page 5 is that everyone using it would already be staying at the hotel or would be walk-up traffic coming in off the street. Board Member Schumacher asked if the owner of the development would be speaking about any ideas for the breakfast room public use. Mr. Klukas stated he would not, but some possible ideas are a coffee bar, juice bar, or souvenir stand. Chairperson Baker asked if there were any further questions of the applicant; seeing none, she opened public testimony. Sam Korn, 3177 Lincoln Street, Carlsbad, stated his residence is located just south of the project and added he has made calls to the City regarding the construction at this site. He stated he was initially enthusiastic about the prospect of a hotel in the neighborhood and requested a site map of the proposed location. He added he is not in favor of the location of the windows facing his property or of where the pool would be situated. Mr. Korn met with the applicant to discuss possible solutions for the areas where he had expressed concern. He stated the applicant was cooperative and removed some of the windows, but left the pool in the same location. He added his idea would be to relocate the pool to the front of the development, by the street overlooking the beach. During the summer the surrounding neighborhood can hear the activity at the existing Carlsbad Inn pool. He stated there is a corridor that runs east to west in the proposed development that hits his backyard and sound will travel. Mr. Korn stated when he bought his units this area was residentially zoned and his understanding was the zoning would be protected, and now it may be removed. He added his concern for the two underground layers of parking and any associated noise from that parking area and if the zone change is approved the applicant will be allowed to build up an additional story. Mr. Korn stated he is concerned about a trend of changing zoning and wonders when it will stop. He added this development is proposing over 100 units, but he stated Marriott had informed him that a Spring Hill Suite could contain as little as 70 units. Mr. Korn stated his bottom line is that at 104 units, the proposed hotel is too high and will be too noisy. Michael Solomon, 3160 Lincoln Street, Carlsbad, stated his residence is located directly across the street from Mr. Korn's property. He added he is in total agreement with Mr. Korn's statements and stated it appears that this hotel will have a third story, which will infringe on the existing residential neighborhood. He asked when these types of developments will stop. Mr. Solomon stated he has concern for the amount of traffic that will be generated from 104 units at the hotel. He added he loves Carlsbad and would love to see it continue to grow, but in a way that serves everyone. Eddy Shakarjian, Armenian Cafe, 3126 Carlsbad Boulevard, Carlsbad, stated he is in favor of the proposed hotel and feels it is a nice project that will enhance the area. He added his concern is regarding the restaurant, which has been at the current location for 18 years. He requested that the project be conditioned to retain the restaurant, if at all possible. Mr. Shakarjian stated approximately 80 percent of his customers are walk-in traffic and require no additional parking. He added approximately 50 percent of his customers are regular, local diners. He implored the Board and Commission to do anything possible that would allow the landmark Armenian Cafe to continue to operate at this location. Chairperson Baker asked if any other members of the audience wished to address Agenda Item 1; seeing none, she closed public testimony. Mr. Jones addressed the issue that was raised regarding the pool and spa location. He stated the wall surrounding the area was designed to jut out to help screen a good portion of the pool and spa area. He added the spa itself is actually enclosed in a separate area. Mr. Jones stated these are the developer's attempts to reduce the noise impacts that could be generated from these uses. The developer looked at the option of locating the pool and spa at the front of the site and decided against doing so in an effort to include the breakfast room, a business center, and a roof deck. He added Staff agrees with that decision because a pool would break up the continuity of the outdoor dining-type uses proposed. Planning Commission Minutes March 7, 2007 Page 6 Mr. Jones stated regarding the 104 units being proposed, the applicant has explained that it is a matter of simple economics why that number of units will be required to make the project financially feasible. Mr. Jones addressed the matter of building height, stating the maximum building height in the redevelopment area is 45 feet if the structure is located over parking. This project proposes a 43-foot height within the V-R zoning and the portion that is adjacent to Mr. Korn's residence proposes a maximum height of approximately 33 feet, 8Vz inches. Mr. Jones stated if this was a residential use, the maximum height would be restricted to 30 feet; however, the proposed use is over that number by 3 feet, 8Yz inches. He added one thing the applicant did share with the Board and Commission is that a shade analysis was prepared. This analysis showed the residential use being built out to the maximum allowable standard and it provided more shading due to providing less setback area. He stated the current DKN Hotel project has a 10-foot setback, whereas a residential use could reduce the setback area to 6 feet, 5 inches so that the shade impact would actually be greater with a residence use as opposed to a hotel use. Mr. Jones addressed the question regarding noise from cars in the parking garage being generated within the lot itself, adding it could be possible to use an alternative surface to reduce noise made by squeaking tires. He stated the developer could possibly present some ideas regarding alternative surfaces that could be used in the underground parking areas to reduce tire noise. Ms. Mobaldi stated the City cannot legally mandate that an owner incorporate a particular tenant or that they sign a lease with a particular tenant. She added that it would not be possible to do, even in light of the fact that it seems to be unanimous that the Armenian Cafe is a wonderful restaurant. Commissioner Douglas asked Staff to explain the terms V-R and CT for the benefit of the audience. Mr. Lynch stated in Staffs presentation there is an exhibit that showed the eastern half of the property, which is the area proposed for a General Plan Amendment and zone change. The eastern portion of the site is currently zoned and General Plan designated for Multi-Family Residential, so the proposal of this project is to change the eastern half from Residential High-Density to a Visitor Serving Commercial Use and the Multi-Family Residential R3 zone to a Commercial Tourist Zone in order to implement the General Plan Commercial designation. Mr. Lynch added it is difficult because it is a transition zone. The developer will have a chance to develop his site with another hotel use, and in doing so, a General Plan Amendment and zone change will have to be processed because there is an existing nonconforming use. He stated the City does not allow hotels in a Residential zone, so in one respect this action would clean up the site. The developer had a chance to pick up a single-family home adjacent to the south, which was incorporated into this project, and even farther south of that the designation is Multi-Family Residential. Mr. Lynch stated a transition of some kind will need to occur at some point. Transitioning from a Commercial Tourist Service use to Multi- Family is preferable than from a Commercial Tourist Service use to Single-Family Residential. He added it is not much in the way of a consolation, but as transitions go, it is an easier transition than one from a single-family neighborhood. Commissioner Douglas asked for an explanation of the V-R zone. Mr. Jones stated the downtown area of Carlsbad has a V-R zoning that encompasses the redevelopment area boundaries. There are land use districts that incorporate the V-R zoning designation and this particular property lies within land use district 9, which happens to be the City's tourism support area. He added in this area residential uses are actually nonconforming uses and if this were a residential project, it would not be permitted. Mr. Jones stated as part of the tourism support area, hotels are a permitted use and are actually encouraged in the V-R zoning. He added the actual term V-R is an acronym for Village Redevelopment. Commissioner Montgomery stated regarding the zero setback line of the hotel adjacent to the 7- Eleven strip center it is obviously an existing building, with the zero lot line and in theory, they could build right up against it. He asked if through the plan review process the developer finds that they Planning Commission Minutes March 7, 2007 Page 7 have to offset that, for some building reason, would they have the right to build on the property line and impact the other structure without consequence. Mr. Lynch stated he had spoken with the Building Department regarding this issue and, depending on the type of construction, the developer can build up to a zero setback. He added, in reality there may be an inch or two because of construction needs to be able to build a building and there will be a minimal gap, but they are able to provide a zero setback. Commissioner Montgomery asked if this would comply with earthquake standards. Mr. Lynch stated there could be a small amount of movement, but the Building Department would not allow something to occur that could be a potential safety problem. They would require an adequate setback or separation based on building type and construction type. Board Member Lawson asked if Staff has access to any floor plans for the proposed hotel, because the graphics that are displayed are a bit deceiving. He added the illustrative site plan appears to reveal a building on the southerly side of the site and a breakfast room on the northerly side with a driveway coming through the middle. He stated it appears that the entire area that appears as the driveway to the lower parking area is covered, so virtually from the northern corner of the breakfast room to the southernmost corner of the other building it appears to be one continuous building mass and asked if this was a correct assessment. Mr. Jones confirmed that this was correct. Board Member Lawson stated the setbacks that have been referred to appear only to affect the one ground plane near the breakfast room and he asked for confirmation of this assessment as well. It also appears that the driveway area is only a hole in the front of the facade. Mr. Jones stated that this was correct. Board Member Lawson stated when the front elevations are reviewed, the entire building mass extends across the top, so the breakfast room is simply just the portion of the building in the front to the northern end where two small blue windows can be seen. He asked if this was correct. Mr. Jones stated that this was correct. Board Member Lawson stated relative to the building heights, the building elevations have 12 feet that is simply made up of roof that is more of a parapet type of condition. He asked if there is a need for 12 feet of parapet wall in order to hide something relative to the overall size and mass of the building. He added that the structure is 45 feet, and 12 feet of that is a parapet wall for the top portion, and he questioned the necessity for it. Mr. Jones stated the roof pitch itself is steep. It is a 12-and-12 roof pitch and it fits in with the architectural design for the project. It has an old world style that is in line with the architecture typically seen in old world design and other projects that are located within the Carlsbad Village. He added the design is one that Staff recommends. Board Member Lawson asked if there is anything along the frontage that comes close to the amount of building height at this setback along Carlsbad Boulevard. He added he is trying to understand the setbacks and knows they are within the tolerances. Compared to when Carlsbad by the Sea was built, the southern portion of that project had a larger setback from the curb in order to create a more pedestrian-friendly place. Board Member Lawson stated these plans appear to have only a 5-foot- wide sidewalk and then a small amount of planting and then a 40-foot tall building; he added he is trying to understand if that is what the Board is here to approve of as a pedestrian friendly condition along Carlsbad Boulevard. Mr. Jones stated the applicant is proposing a setback, which is at the minimum of the range for the front yard. He added the design provides various reliefs in terms of projections, recesses, and balconies, but a lot of the mass of the structure is located close to the property line. Board Member Lawson asked Staff to display the site plan and stated the patio located at the northern end, which is intended for patrons only, appears as if it is located at the edge of the sidewalk. He asked if there is a specific reason that use needs to be located at the edge of the sidewalk. Mr. Jones stated the applicant would best be able to address their reasons for wanting the patio that close to the sidewalk itself. He added that it does not go over the height limit, but as to why they would wish to have that usable space that close to the property line would be something the Planning Commission Minutes March 7, 2007 Page 8 applicant would need to address. He stated his assumption would be that it would provide the interaction with the street that the applicant is trying to achieve. Board Member Lawson asked what Staffs evaluation was of that area of the project. Mr. Jones stated Staff did acknowledge that portion of the design and added he is not sure what the existing setback is for the Armenian Cafe, but part of the reason could be to maintain the existing restaurant use setback. Mr. Klukas stated the architecture that has been proposed for this project is the architecture that is identified in the design manual as recommended for this area. He added the pitches of the roof are recommended by the design manual. Having the social areas located close to the front so they are easily seen and accessed by the public walking by is encouraged by the design manual. He stated the Armenian Cafe currently has no setback. Mr. Klukas stated the developer has attempted to stay in line with their understanding of what the design manual recommends for this area. Mr. Klukas addressed earlier concerns about anticipated noise from the pool and spa area. He stated the building goes all the way up, three stories high. He added there is a wall between his unit and the pool and spa area. Mr. Klukas addressed earlier concerns regarding possible noise from the underground parking garage. He stated all access to the garage is from Carlsbad Boulevard and were that a residential area at the back, access to those lots would be off Lincoln Street, so it is possible that more noise would be experienced from a residential use than a use such as this where all the access is at the front. He added the only noise that might be heard could come from vents located in the parking garage. Commissioner Dominguez stated his personal experience is that an unusual amount of squealing can be heard in some garages and he asked if the applicant is aware of any alternative surfaces that might minimize this effect. Mr. Klukas stated he personally has not. Commissioner Cardosa asked if there is anything else that can be considered in regards to noise from the pool and spa area, such as a glass wall. Mr. Klukas stated it is his understanding that the spa is actually underneath the second floor and that is neither the original nor the preferable way to include the spa in the design. He added the east, west, and south sides of the spa are enclosed. Commissioner Cardosa stated the time of use for these amenities has been restricted to better accommodate the mix of use at this location. Mr. Klukas confirmed that it has been. Board Member Lawson stated the only service entrance is located on Lincoln Street and as such, do any precautions or no parking areas need to be provided. Mr. Rick stated City streets are generally left open for public parking, especially in the beach area. He added if Staff were to red-curb any portion of Lincoln, it would be contrary to the goal of the Coastal zone. He stated if a problem were to arise, typically our Streets Division would investigate the situation and make a determination if it would be prudent to place any restriction on the street. Board Member Lawson stated currently the existing house that will be removed as a result of this development has a stretch of the curb cut for their driveway. He added from a no net-loss standpoint, could that same length of curb then still be out of service for parking if there were a need for it. Mr. Rick stated Staff would be looking at gaining additional on-street parking and the development would be providing a service bay that will be located off the street. PLANNING COMMISSION DISCUSSION Commissioner Segall stated he thinks the project will enhance the neighborhood. He added he is unhappy that the restaurant has to leave the area, but there is nothing the Planning Commission can do to change that. The property owner has the right to develop the property as they wish. 150 Planning Commission Minutes March 7, 2007 Page 9 Commissioner Douglas stated she concurs with Commissioner Segall regarding the loss of the Armenian Cafe. She added she is concerned with the noise and hopes that the developer pays close attention to this matter, in particular in the parking garage. Commissioner Dominguez stated he supports the project and added that Carlsbad is changing dramatically, and every time there is a change there will be someone who is impacted by that change. Commissioner Montgomery stated he struggled with the project because of the volume of plan amendments and zone changes being granted to allow the project to occur. He added, in his mind, to allow so many changes requires a project to exhibit certain characteristics and features that warrant the proposed changes. He stated he tries to keep an open mind and listen to all parties involved. He stated he struggled with the loss of a restaurant in Carlsbad and added he will support the project, as he is first and foremost a proponent of private property rights. Commissioner Cardosa stated he concurs with his fellow Commissioners and supports the project, in spite of the loss of the Armenian Cafe. Chairperson Baker stated she will support the project and believes it will be an improvement to the area. She added she can support the zone and General Plan Amendment changes because of the fact that it is located within a transition area. Chairperson Baker stated she is disappointed that the hotel will not include a full-service restaurant PLANNING COMMISSION MOTION ACTION: Motion by Commissioner Cardosa, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6254 recommending adoption of a Negative Declaration and adopt Planning Commission Resolutions No. 6255, 6256, 6257 and 6258 recommending approval of General Plan Amendment 05-05, Zone Change 05-02, Local Coastal Program Amendment 05-02 and Coastal Development Permit 05-14 and adopt Planning Commission Resolution No. 6259 approving Site Development Permit 05-04 and based on the findings and subject to the conditions contained therein. VOTE: 6-0 AYES: Chairperson Baker and Commissioners Cardosa, Montgomery, Dominguez, Douglas, and Segall NOES: None ABSENT: Commissioner Whitton DESIGN REVIEW BOARD DISCUSSION Board Member Schumacher stated he supports the project but regrets the loss of the Armenian Cafe. He added it is a good time to replace the underutilized property that is there now by quadrupling the number of hotel rooms that will bring additional economic stimulation to Carlsbad Village and help other businesses in the Village as well. He stated it is a great project. Board Member Lawson stated he finds it difficult to go against someone who works within the rules and plays right and stated he can support he project. He added he does have some concerns that should be on the record. He stated one of his main concerns is the pedestrian experience along Carlsbad Boulevard. This is a very unique opportunity, and there is only one chance to do it right. In thinking about the different places where we have short setbacks with tall buildings in front, it is important to make sure the experience for the pedestrian is both comfortable, as well as stimulates the good feelings that exist along the streets of Carlsbad. Board Member Lawson stated he hopes as the project moves into further refinement of the plan, there might be an opportunity for widening Planning Commission Minutes March 7, 2007 Page 10 the sidewalk or something that might enhance that area. He added he feels that most people will not like the front area if it is completed exactly as presented with the narrow sidewalk and 40-foot building right next to it, but the developer is working within the regulations, and from that standpoint he stated he would not arbitrarily subject the project to denial on that basis. He added there are areas that could be refined and worked on before it is constructed. Board Member Lawson stated other than that he can support the project. Board Member Baker stated she will support the project as a dual member of both the Planning Commission and the Design Review Board. She added she appreciates the reminder that the added hotel rooms will generate economic activity in the Village. DESIGN REVIEW BOARD MOTION ACTION: Motion by Board Member Lawson, and duly seconded, that the Design Review Board adopt Design Review Board Resolution No. 321 recommending adoption of a Negative Declaration and adopt Design Review Board Resolution Nos. 319 and 320 recommending approval of Major Redevelopment Permit RP 05-03 and Coastal Development Permit CDP 05- 14 based on the findings and subject to the conditions contained therein. VOTE: 3-0 AYES: Board Members Baker, Lawson, and Schumacher NOES: None ABSENT: Board Members Hamilton and Whitton RECESS Chairperson Baker closed the Public Hearing on Joint Agenda Item 1 stating that the joint meeting of the Planning Commission and Design Review Board is concluded and recessed the meeting for a five-minute break at 7:38 p.m. MEETING CALLED TO ORDER Chairperson Baker reconvened the Planning Commission meeting at 7:46 p.m. with all attending Commissioners present. APPROVAL OF MINUTES MOTION ACTION: Motion by Commissioner Cardosa, and duly seconded, to approve the minutes of the Regular Meeting of February 21, 2007. VOTE: 4-0-2 AYES: Chairperson Baker and Commissioners Cardosa, Montgomery, and Segall NOES: None ABSTAIN: Commissioners Dominguez and Douglas ABSENT: Commissioner Whitton Chairperson Baker asked Mr. Neu to introduce Planning Commission Agenda Item 1. 1. CT 06-12/PUD 06-11/PIP 06-16 - LAS PALMAS INDUSTRIAL COMPOS - Request for approval of a Tentative Tract Map, Nonresidential Planned Development Permit and a Planned Industrial Permit to allow the conversion of an existing one-story industrial building into ten (10) airspace nonresidential condominiums located at 2221 Las Palmas Drive within Local Facilities Management Zone 5. 52- MEMORANDUM April 30, 2007 TO: MAYOR AND CITY COUNCIL FROM: CITY ATTORNEY RE: DKN HOTEL, AGENDA ITEM NO. 6 Please change the recommended action under the Housing and Redevelopment Commission to: "The Housing and Redevelopment Commission ADOPT Resolution No. 438. concurring with a Negative Declaration adopted by the City Council and APPROVING a Redevelopment Permit (RP 05-03) and Coastal Development Permit (CDP 05-14) based upon the findings and subject to the conditions contained therein." This will make the recommendation consistent with paragraph 3 of Resolution No. 438 and recognizes the fact that the City, not the Redevelopment Agency, is the lead agency for purposes of CEQA. Should you have any questions regarding the above, please do not hesitate to contact me. RONALD R. BALL City Attorney rn c: City Clerk + City Manager Community Development Director Housing and Redevelopment Director Assistant City Attorney Planning Director, Van Lynch C_ All Receive- Agenda Item # For the Information of the: CITY COUNCIL rriiy Manager March 12, 2007 Mayor & Council 1200 Carlsbad Village Blvd Carlsbad Ca. Dear Council Member: I am writing you to ask that you deny approval of the Village - DKN / Marriot Hotel in its present form. This development should go back for refinement before it is worthy of your approval. Its flaws are as follows: instead of an attractive building and a well thought out use, what the community will get from this 'hotel is a maximum room count and tittle else that is positive for the village. In addition to hotel rooms, the development proposes an area adjacent to the boulevard's sidewalk that is labeled "Breakfast Room". During the recent public hearing, one of the commissioners asked about this. The response from the developer was that this room was 'Vn/s-/a6efed"and that the hotel operation would not use the room or its outdoor patio. The hotel was presented as "pedestrian friendly* due to the activity it would provide along the boulevard's sidewalk, fn direct contrast to this statement, almost half of the ground floor street frontage, the area labeled "breakfast room" and its outdoor patio, will not be used in the operation of the hotel, ft will not be used because the development has no parking to support it. Ail of the building's parking has been used for its three stories of hotel rooms. When asked further about how this space along the side walk will be used, the developer said they hoped that the City would allow uses in it for "walk up customers", Will the Council allow such a use?. If walk up businesses can use this streetside room/patio, thai fact should be noted as part of your approval If walkup uses are not part of your approval, due to parking, these areas will be lifeless. This development will remove the existing Armenian restaurant and replace it with a use that is only naif worked out. Its approval will not be a positive step in enhancing the sidewalk life that is an integral part of what make the village a speciai place. The hotel has been allowed to maximize Hs building form. As I understand It, the building is a three story structure everywhere over Its footprint. The building has ateo been allowed to minimize the building setbacks. To offset the unattractiveness of this bulking the building should provide more architectural interest, with facades that have more undulation and roof lines that are varied. Additionally, the hotel was required to incorporate the European Cottage "Half Timbered" architecture style. This style has its history in the village but it does not work well on all buildings types and it does not work on this hotel. The "Half Timbered" architectural style looks tacked on like a movie set rather than producing an attractive building. The redevelopment staff needs to understand what scale and building massing work well with "Half Timbered" structures (comer of Grand and Roosevelt is a good example) and require it on those developments. I appreciate and support the owner bringing to the city plans to upgrade therr property and hotel, but the current plan for the DKN-Marriot Hotel is only partially worked out and is a poor example of what Carlsbad should receive from redevelopment in the village. Hi;1iliil Respectfully, A builder and Carlsbad home owner since 1988 (ichard Nash Cc Debbie Fountain SISCIit PROOF OF PUBLICATION (2010& 2011 C.C.P.)This space is for the County Clerk's Filing Stamp 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 21st, 2007 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at SAN MARCOS California This 23rd , Day of April, 2007 Proof of Publication of Signature Jane Allshouse NORTH COUNTY TIMES Legal Advertising NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that theCity Council and the Housing and Redevel- opment Commission of the City of Carlsbadwill hold a public hearing at the Council Chambers,1200 Carlsbad Village Drive, Carlsbad, California, af6:00 p.m. on Tuesday, May 1, 2007, to consider arequest for a recommendation to the City Council toadopt a Negative Declaration, and recommendationof approver of a General Plan Amendment, ZoneChange, Local Coastal Program Amendment, andCoastal Development Permit and a recommendationto the Housing and Redevelopment Commission toadopt a Negative Declaration and a recommendationof approver of a Major Redevelopment Permit andCoastal Development Permit for the demolition of anexisting hotel, restaurant, and single family residenceand for the construction of a 3-story, 104-room hotelproject on property generally located at 3136 Carls-bad Boulevard on the east side of Carlsbad Boule-vard between Pine Avenue and Oak Avenue in LandUse District 9 of the Carlsbad Village RedevelopmentArea, in the Village Redevelopment and Mello II Seg-ments of the Local Coastal Program and in LocalFacilities Management Zone 1 and more particularlydescribed as: Portion of Block 18, Town of Carlsbad per Map No.775. Recorded 2-15-1894 and Portion of TracflOO,Carlsbad Landsoer Map 1661. Recorded 3-1-1915,all in the City of Carlsbad County of San Diego, Stateof California APN 203-250-08 and 26-00 Those persons wishing to speak on this proposal arecordially invited to attend the public hearing. Copiesof the agenda bill will be available on and after April27, 2007. If you have any questions, please call vanLynch in the Planning Department at (760) 602-4613. If you challenge the General Plan Amendment, ZoneChange, Local Coastal Plan Amendment, Redevel-opment Permit, or Coastal Development Permit incourt, you may be limited to raising only those issuesyou or someone else raised at the public hearing de-scribed in this notice or in written correspondencedelivered to the City of Carlsbad, Attn: City Clerk'sOffice, 1200 CarlsBad Village Drive, Carlstad, CA92008, at or prior to the public hearing. CASE FILE: GPA 05-05/ZC 05-02/LCPA 05-02/RP05-03/CDP 05-14 CASE NAME: DKN HOTEL PUBLISH: April 21, 2007 NCT 2048156 CITY OF CARLSBADCITY COUNCIL n SITEMAP NOT TO SCALE DKN Hotel GPA 05-05/ZC 05-02/LCPA 05-02 /CDP 05-14/RP 05-03 NICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the City Council and the Housing and Redevelopment Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, May 1, 2007, to consider a request for a recommendation to the City Council to adopt a Negative Declaration, and recommendation of approval of a General Plan Amendment, Zone Change, Local Coastal Program Amendment, and Coastal Development Permit and a recommendation to the Housing and Redevelopment Commission to adopt a Negative Declaration and a recommendation of approval of a Major Redevelopment Permit and Coastal Development Permit for the demolition of an existing hotel, restaurant, and single family residence and for the construction of a 3-story, 104-room hotel project on property generally located at 3136 Carlsbad Boulevard on the east side of Carlsbad Boulevard between Pine Avenue and Oak Avenue in Land Use District 9 of the Carlsbad Village Redevelopment Area, in the Village Redevelopment and Mello II Segments of the Local Coastal Program and in Local Facilities Management Zone 1 and more particularly described as: Portion of Block 18, Town of Carlsbad per Map No. 775, Recorded 2-15- 1894 and Portion of Tract 100, Carlsbad Lands per Map 1661, Recorded 3-1-1915, all in the City of Carlsbad, County of San Diego, State of California. APN 203-250-08 and 26-00 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 27, 2007. If you have any questions, please call Van Lynch in the Planning Department at (760) 602-4613. If you challenge the General Plan Amendment, Zone Change, Local Coastal Plan Amendment, Redevelopment Permit, or Coastal Development 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's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: GPA 05-05/ZC 05-02/LCPA 05-02/RP 05-03/CDP 05-14 CASE NAME: DKN HOTEL PUBLISH: April 21, 2007 CITY OF CARLSBAD CITY COUNCIL 203-261-06-19 Mildred Guernsey 123 2Nd Ave 607 Salt Lake Cit, UT 84103-4755 203-261-06-29 Paul & Guste Eriksen 1201 W 860 N Provo, UT 84604-3108 L C •••» i, AZ 85251-1935 203-251-09-01 Benson K Boreyko 8322 E Hartford Dr Scottsdale, AZ 85255-5466 203-250-21 K B Carlsbad Investors L L C 3915 E Broadway Blvd 300 Tucson, AZ 85711-3422 203-261-06-02 Daniel Wiehle 2148 S Pearl Dr Camp Verde, AZ 86322-6949 203-251-08 Edward j & Maria Quirk 7859 Bermuda Dunes Ave Las Vegas, NV 89113-1222 204-132-05 Wells Family 1350 E Flamingo Rd 36 Las Vegas, NV 89119-5263 204-131-13 Maurice R & Yvette Tauzin 251 S Bedford Dr Beverly Hills, CA 90212-3722 204-132-24-07 Randy E & Crystal Narramore 608 Coate Ct Altadena, CA 91001-3868 204-132-27-09 Michael T Marshall 5256 Pizzo Ranch Rd La Canada Fli, CA 91011-1850 203-250-16 Ward 945 S Orange Grove Blvd D Pasadena, CA 91105-1793 203-261-06-03 Spadaro 212 Donnick Ave Thousand Oaks, CA 91360-3313 203-261-06-06 Trent 2429 Windward Cir Westlake Vill, CA 91361-3440 204-123-07-02 Bradshaw 2692 Baywater PI Thousand Oaks, CA 91362-5335 204-123-05-03 Andrew & Laura Reyer 27003 Cliffie Way Santa Clarita, CA 91387-4808 203-261-06-01 Thomas D & Marie Bitonti 536 N Mission Dr San Gabriel, CA 91775-2147 203-261-06-30 Thomas D & Marie Bitonti 536 N Mission Dr San Gabriel, CA 91775-2147 203-250-17 Five Z North L L C 1359 Serena Cir 3 Chula Vista, CA 91910-7163 203-261-06-21 Vera G Morin 10952 Morning Star Dr La Mesa, CA 91941-7232 203-261-06-13 Steven & Margaret Macpherson 1277 Forest Ave Carlsbad, CA 92008-1008 203-261-06-26 Stephen p & Maria Frost 1380 Cynthia Ln Carlsbad, CA 92008-1507 203-261-06-08 James D & L Boone 3955 Skyline Rd Carlsbad, CA 92008-2746 203-261-06-28 Bradshaw 4376 Horizon Dr Carlsbad, CA 92008-3652 203-232-08 Frank E & Patricia Maldonado 4213 Beach Bluff Rd Carlsbad, CA 92008-3607 203-232-09 Frank E & Patricia Maldonado 4213 Beach Bluff Rd Carlsbad, CA 92008-3607 203-232-16 Dinitto Properties Inc 264 Carlsbad Villagedr Carlsbad, CA 92008-2915 203-233-03 Indigo Blue L L C 2950 Ocean St Carlsbad, CA 92008-2952 203-250-09 William M Korn 3177 Lincoln St F Carlsbad, CA 92008-2939 203-250-22 Thomas M Funke 3100 Ocean St Carlsbad, CA 92008-2959 impression antibourrage et a sechage rapide Utilisez I* gabarit 5160®www.avery.com 1-800-GO-AVERY AVERY® 5160® Occupant 3145 Carlsbad Blvd Unit 201 Carlsbad, CA 92008 Occupant 3145 Carlsbad Blvd Unit 202 Carlsbad, CA 92008 Occupant 3145 Carlsbad Blvd Unit 203 Carlsbad, CA 92008 Occupant 3145 Carlsbad Blvd Unit 204 Carlsbad, CA 92008 Occupant 3145 Carlsbad Blvd Unit 205 Carlsbad, CA 92008 Occupant 3145 Carlsbad Blvd Unit 206 Carlsbad, CA 92008 Occupant 3145 Carlsbad Blvd Unit 207 Carlsbad, CA 92008 Occupant 3145 Carlsbad Blvd Unit 208 Carlsbad, CA 92008 Occupant 3145 Carlsbad Blvd Unit 209 Carlsbad, CA 92008 ®09ts AM3AV-OD-008-I.8,091s aividi/vai ®AJBAV asn aan aBonuK Due tuer impression antioourrage et a sechage rapide Utilisez le gabarit 5160® www.avery.com 1-800-GO-AVERY AVERY® 5160® Occupant 3160 Lincoln St Apt 16 Carlsbad, CA 92008 Occupant 3160 Lincoln St Apt 17 Carlsbad, CA 92008 Occupant 3160 Lincoln St Apt 18 Carlsbad, CA 92008 Occupant 3160 Lincoln St Apt 19 Carlsbad, CA 92008 Occupant 3160 Lincoln St Apt 20 Carlsbad, CA 92008 Occupant 3160 Lincoln St Apt 21 Carlsbad, CA 92008 Occupant 304 Pine Ave Carlsbad, CA 92008 Occupant 308 Pine Ave Carlsbad, CA 92008 Occupant 328 Pine Ave Carlsbad, CA 92008 Occupant 332 Pine Ave Carlsbad, CA 92008 Occupant 3112 Lincoln St Carlsbad, CA 92008 Occupant 201 Oak Ave Unit A Carlsbad, CA 92008 Occupant 201 Oak Ave Unit B Carlsbad, CA 92008 Occupant 201 Oak Ave UnitC Carlsbad, CA 92008 Occupant 201 Oak Ave Unit D Carlsbad, CA 92008 Occupant 201 Oak Ave Unit E Carlsbad, CA 92008 Occupant 3162 Carlsbad Blvd Carlsbad, CA 92008 Occupant 3162 Carlsbad Blvd Unit A Carlsbad, CA 92008 Occupant 3162 Carlsbad Blvd Unit B Carlsbad, CA 92008 Occupant 3162 Carlsbad Blvd Unit C Carlsbad, CA 92008 Occupant 3162 Carlsbad Blvd Unit D Carlsbad, CA 92008 Occupant 3162 Carlsbad Blvd Unit E Carlsbad, CA 92008 Occupant 3162 Carlsbad Blvd Unit F Carlsbad, CA 92008 Occupant 3145 Carlsbad Blvd Unit 101 Carlsbad, CA 92008 Occupant 3145 Carlsbad Blvd Unit 102 Carlsbad, CA 92008 Occupant 3145 Carlsbad Blvd Unit 103 Carlsbad, CA 92008 Occupant 3145 Carlsbad Blvd Unit 104 Carlsbad, CA 92008 Occupant 3145 Carlsbad Blvd Unit 105 Carlsbad, CA 92008 ®Atl3AV AM3AV-O9-008-1 ®09LS 6UI1UU.4 aau aBonuic nup impression antibourrage et a sechage rapide Utilisez le gabarit 5160®AVERY® 5160® Occupant 250 Pine Ave Carlsbad, CA 92008 Occupant 218 Pine Ave Unit A Carlsbad, CA 92008 Occupant 218 Pine Ave UnitB Carlsbad, CA 92008 Occupant 218 Pine Ave Unite Carlsbad, CA 92008 Occupant 3134 Lincoln St Carlsbad, CA 92008 Occupant 3180 Carlsbad Blvd Carlsbad, CA 92008 Occupant 3136 Carlsbad Blvd Carlsbad, CA 92008 Occupant 3177 Lincoln St, Apt A Carlsbad, CA 92008 Occupant 3177 Lincoln St, Apt B Carlsbad, CA 92008 Occupant 3177 Lincoln St, Apt C Carlsbad, CA 92008 Occupant 3177 Lincoln St, Apt D Carlsbad, CA 92008 Occupant 3177 Lincoln St, Apt E Carlsbad, CA 92008 Occupant 3177 Lincoln St, Apt F Carlsbad, CA 92008 Occupant 3160 Lincoln St Apt 1 Carlsbad, CA 92008 Occupant 3160 Lincoln St Apt 2 Carlsbad, CA 92008 Occupant 3160 Lincoln St Apt 3 Carlsbad, CA 92008 Occupant 3160 Lincoln St Apt 4 Carlsbad, CA 92008 Occupant 3160 Lincoln St Apt 5 Carlsbad, CA 92008 Occupant 3160 Lincoln St Apt 6 Carlsbad, CA 92008 Occupant 3160 Lincoln St Apt 7 Carlsbad, CA 92008 Occupant 3160 Lincoln St Apt 8 Carlsbad, CA 92008 Occupant 3160 Lincoln St Apt 9 Carlsbad, CA 92008 Occupant 3160 Lincoln St Apt 10 Carlsbad, CA 92008 Occupant 3160 Lincoln St Apt 11 Carlsbad, CA 92008 Occupant 3160 Lincoln St Apt 12 Carlsbad, CA 92008 Occupant 3160 Lincoln St Apt 13 Carlsbad, CA 92008 Occupant 3160 Lincoln St Apt 14 Carlsbad, CA 92008 Occupant 3160 Lincoln St Apt 15 Carlsbad, CA 92008 AM3AV-O9-008-1 ®091S 31VldW31 ®AJ3AV asn BUIIUI.M aau aSonuK DUB uier 204-132-24-08 . W G A Pine^^Aveptfe L P 9252 Chesap^Ske Dr 100 San Diego, CA 92*123-1025 204-132-24-09 W G A Pine Avenue L P 9252 Chesapeake Or 100 San Diego, JN^92123 -1025 204-132-24-10 W 6 A Pine Avenue L P 9252 Ches^S^ake Dr 100 San Die4o, CV92123-1025 204-132-24-11 W G A Pine>NAvenue' L P 9252 ChesasS*'*®-Dr 100 San Diego, CA 92123-1025 204-132-24-13 W G A Pine Ayenue L P 9252 Ches>3|$eake Dr 100 San Diego, CA 92123-1025 204-132-24 Nancy Anderson 8109 Santaluz Village Grn S San Diego, CA 92127 203-261-06-20 Milton Wyatt 17160 Botero Dr San Diego, CA 92127-1424 203-261-06-17 Murphy 12913 Polvera Ct San Diego, CA 92128-1118 Rd 123-1 CA 92128-1902 203-261-06-11 Julianne Deen 11808 Rancho Bernardo Rd 123-1 San Diego, CA 92128-1902 204-132-06 Mark E & Marita Gardner 1810 Country Club Dr RedlandS, CA 92373 204-123-07-03 Nina A Arcidiacono *M* PO Box 7491 Hemet, CA 92545-0713 203-261-06-O7 Nancy L Kaupp-Warner 30175 Via De La Mesa Teraecula, CA 92591-1684 203-261-06-15 Gary A Cringan 30195 Via De La Mesa Temecula, CA 92591-1684 204-123-07-06 Karen J Hartman 5791 Price Dr Huntington Be, CA 92649-4932 204-132-24 David Wolfson 25 Lewiston Ct Ladera Ranch, CA 92694-0532 204-132-24-12 C W D 25 Lewiston Ct Ladera Ranch, CA 92694-0532 204-123-07-07 Ohare 5289 E Rural Ridge Cir Anaheim, CA 92807-4619 204-132-07 Miles McCarthy 2545 Hansen Ave Fullerton, CA 92831-4412 203-174-06 Svf Lie 115 W Canon Perdido St 200 Santa Barbara, CA 93101-3210 203-252-04 Tr Lopez 3718 San Remo Dr Santa Barbara, CA 93105-7336 203-175-03 Robert H Sonneman 52 El Sereno Ct San Francisco, CA 94127-1816 203-261-06-16 Johns 6565 Birch Dr Santa Rosa, CA 95404-8587 204-132-27-06 Quinn A Krekorian 5950 SW Elm Ave Beaverton, OR 97005-4219 203-250-10 Robert B & Elizabeth Holmstrora PO Box 528 Vancouver, WA 98666-0528 *** 145 Printed *** Dahya and Shantaben Patel 10815 Turn Leaf Ln Tustin, CA 92782 Grand Pacific Resort Services 5900 Pasteur Ct.,Suite 200 Carlsbad, CA 92008 Helm Management 4668 Nebo Dr., Suite A La Mesa, CA 91941 203-252-05 Carlsbad Inn L L C 5900 Pasteur Ct 200 Carlsbad, CA 92008-7336 203-252-06 Carlsbad Inn L L C 5900 Pasteur Ct 200 Carlsbad, CA 92008-7336 203-250-11 S S 218 Pine Ave Avea Carlsbad, CA 92008-2981 203-260-04 Ocean Mist !• L C 343 Oak Ave Carlsbad, CA 92008-2945 204-123-02 Nassar Three Family *B* 3217 Garfield St Carlsbad, CA 92008-3126 204-123-04 Daniel & Susan Russo 3245 Garfield St Carlsbad, CA 92008-3126 204-123-05-O2 Grubbs 3257 Garfield St Carlsbad, CA 92008-3126 204-123-05-04 Law 3267 Garfield St Carlsbad, CA 92008-3126 204-123-06 Abraham Poladian 190 Walnut Ave Carlsbad, CA 92008-3146 Ronald 172 CSPlibad, CA 92008-3193 204-123-07-05 Christopher Ward 174 Walnut Ave Carlsbad, CA 92008-3193 204-131-12 Doran 3288 Garfield St Carlsbad, CA 92008-3125 204-132-04 Fordschumacher 350 Chestnut Ave 1 Carlsbad, CA 92008-3116 204-132-24-01 Phillip Powell 317 Pine Ave 101 Carlsbad, CA 92008-3183 204-132-24-14 Eric Ducette 317 Pine Ave 209 Carlsbad, CA 92008-3195 204-132-27-01 Frank A & Susan Ferencz 349 Pine Ave Carlsbad, CA 92008-3163 204-132-27-02 Eric L & Darlene Fink 347 Pine Ave Carlsbad, CA 92008-3163 CA 92008-3163 204-132-27-08 Dana K Grace 335 Pine Ave Carlsbad, CA 92008-3163 204-123-03 Ammon 4070 Sunnyhill Dr Carlsbad, CA 92008-2750 203-175-01 Grant Holdings L L C 7173 Obelisco Cir Carlsbad, CA 92009-6522 203-261-06-27 Gary C & Debra Cruse 7927 Corte Carolina Carlsbad, CA 92009-9251 203-261-06-22 Butchko *M* 2763 Victoria Ave Carlsbad, CA 92010-2146 203-261-06-23 David K t Beverly Woodward 3413 Corvallis St Carlsbad, CA 92010-2187 204-131-11 Ralph E Morgon 4145 La Portalada Dr Carlsbad, CA 92010-2805 204-132-18 Pat & Judy Entezari 4377 Tuolumne PI Carlsbad, CA 92010-7924 203-260-08 Mccabe 6489 Franciscan Rd Carlsbad, CA 92011-3212 204-132-27-04 Lance B & Kathleen Schulte 7386 Escallonia Ct Carlsbad, CA 92011-4692 204-132-08 f- 0°) David B & Karen Thompson PO Box 130758 Carlsbad, CA 92013-0758 204-132-09 DavidSB & Kgefen Thompson PO Box CarJ^bad, Ctf 92013-0758 203-250-28 31623056 Carlsbad Blvd L C 2950 Ocean St Carlsbad, CA 92008-2952 203-250-29 31623056 Carlsbad Blvd L C 2950 Ocean St Carlsbad, CA 92008-2952 203-251-03 Virginia A Phipps 3015 Ocean St Carlsbad, CA 92008-2958 203-251-07 Mary W skinner 3065 Ocean St Carlsbad, CA 92008-2958 203-251-09-02 Douglas A Dodson 3085 Ocean St Carlsbad, CA 92008-2958 203-260-03 Dorothy K Johnson 3140 Lincoln St Carlsbad, CA 92008-2933 203-261-01 Inciyan 3076 Carlsbad Blvd Carlsbad, CA 92008-2907 203-261-06-05 Patrick A & Pascale Lucier 3080 Lincoln St 5 Carlsbad, CA 92008-2930 203-261-06-14 Judy A Mikovits 3080 Lincoln St 14 Carlsbad, CA 92008-2932 , CA 92008-2950 203-261-06-24 Sue Hockett 3080 Lincoln St 24 Carlsbad, CA 92008-2976 204-131-14 George P Anderson 3267 Lincoln St Carlsbad, CA 92008-3131 204-131-15 James A Demott 3259 Lincoln St Carlsbad, CA 92008-3131 204-132-19 Y R & Ethel Nayudu 320 Walnut Ave Carlsbad, CA 92008-3151 204-132-21 Kris Se Nancy Nayudu 320 Walnut Ave Carlsbad, CA 92008-3151 203-261-07 California Property Brokers Ltd 3324 Seacrest Dr Carlsbad, CA 92008-2035 203-261-06-12 Stephen & Sherryl Ford 3869 Woodvale Dr Carlsbad, CA 92008-2757 203-175-05 Bernard & Marina Goldstein 160 Tamarack Ave Carlsbad, CA 92008-4059 203-175-06 Phyllis M Hall 4046 Garfield St Carlsbad, CA 92008-7401 203-175-07-01 Gofat L L C 160 Tamarack Ave Carlsbad, CA 92008-4059 CA 92008-4059 203 Gofal ISC Carlsbad, CA 92008-4059 Carlsbad,059 203-261-03 Bernard & Marina Goldstein 160 Tamarack Ave Carlsbad, CA 92008-4059 203-250-25 Tobo Investments 2785 Roosevelt St Carlsbad, CA 92008-1617 203-260-11 Glenn L Goldman 2653 Roosevelt St D Carlsbad, CA 92008-1667 203-260-12 Robert L Nielsen 525 Carlsbad Village Dr Carlsbad, CA 92008-2304 Easy Peel Labels Us? Avery® TEMPLATE 5160® CARLSBAD UNIF SCHOOL DIST 6225 EL CAMINO REAL CARLSBAD CA 92011 Paper See Instruction Sheet j for Easy Peel Feature ^ SAN MARCOS SCHOOL DIST STE 250 255 PICO AVE SAN MARCOS CA 92069 ^AVERY®5160® ENCINITAS SCHOOL DIST 101 RANCHO SANTA FE RD ENCINITAS CA 92024 SAN DIEGUITO SCHOOL DIST 701 ENCINITAS BLVD ENCINITAS CA 92024 LEUCADIA WASTE WATER DIST TIM JOCHEN 1960 LA COSTA AVE CARLSBAD CA 92009 OLIVENHAIN WATER DIST 1966OLIVENHAINRD ENCINITAS CA 92024 CITY OF ENCINITAS 505 S VULCAN AVE ENCINITAS CA 92024 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 CITY OF VISTA 600 EUCALYPTUS AVE VISTA CA 92084 VALLECITOS WATER DIST 201 VALLECITOS DE ORO SAN MARCOS CA 92069 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 CALIF DEPT OF FISH & GAME 4949 VIEWRIDGE AVE SAN DIEGO CA 92123 REGIONAL WATER QUALITY STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 SD COUNTY PLANNING STEB 5201 RUFFIN RD SAN DIEGO CA 92123 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 AIR POLLUTION CNTRL DIST 9150 CHESAPEAKE DR SAN DIEGO CA 92123 SANDAG STE 800 401 B STREET SAN DIEGO CA 92101 U.S. FISH & WILDLIFE 6010 HIDDEN VALLEY RD CARLSBAD CA 92011 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 ATTN TEDANASIS SAN DIEGO COUNTY AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 SCOTT MALLOY - BIASD STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 CARLSBAD CHAMBER OF COMMERCE 5934 PRIESTLEY DR CARLSBAD CA 92008 CITY OF CARLSBAD RECREATION CITY OF CARLSBAD PUBLIC WORKS/ENGINEERING DEPT- PROJECT ENGINEER CITY OF CARLSBAD PROJECT PLANNER 14/10/2007 Etiquettes faciles a peler Utilisez le aabarit AVFRY®rfo rharnomont Consultez la feuille www.avery.com Easy Peel Labels Use Avery® TEMPLATE 5160® BUREAU OF INDIAN AFFAIRS 2800 COTTAGE WAY SACRAMENTO CA 95825 See Instruction Sheet j for Easy Peel Feature ^ BUSINESS, TRANS & HSG AGENCY STE 2450 980NINTHST SACRAMENTO CA 95814 AVERY®5160® CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 921084402 CANNEL ISLANDS NATL PARK SUPERINTENDENT'S OFFICE 1901 SPINNAKER DR SAN GUENA VENTURA CA 93001 CITY OF ENCINITAS 505 S VULCAN AVE ENCINITAS CA 92024 COASTAL CONSERVANCY STE 1100 1330 BROADWAY OAKLAND CA 94612 COUNTY OFSD SUPERVISOR RM335 1600 PACIFIC SAN DIEGO ca 92101 DEPT OF DEFENSE LOS ANGELES DIST ENG PO BOX 2711 LOS ANGELES CA 90053 DEPT OF ENERGY STE 350 901 MARKET ST SAN FRANCISCO CA 94103 DEPT OF ENERGY STE 400 611 RYAN PLZDR ARLINGTON TX 760114005 DEPT OF FISH & GAME ENV SERV DIV PO BOX 944246 SACRAMENTO CA 942442460 DEPT OF FOOD & AGRICULTURE AGRICULTURAL RESOURSES RM100 1220 NST SACRAMENTO CA 95814 DEPT OF FORESTRY ENV COORD PO BOX 944246 SACRAMENTO CA 942442460 DEPT OF HOUSING & URBAN DEV REG ADMIN 450 GOLDEN GATE AVE SAN FRANCISCO CA 94102 DEPT OF JUSTICE DEPT OF ATTY GEN RM700 110 WEST AST SAN DIEGO CA 92101 DEPT OF TRANSPORTATION RM 5504 1120 NST SACRAMENTO CA 95814 FED AVIATION ADMIN WESTERN REG PO BOX 92007 LOS ANGELES CA MARINE RESOURCES REG DR & G ENV SERVICES SPR STEJ 4665 LAMPSON AVE LOS ALAMITOS CA 907205139 OFF OF PLANNING & RESEARCH OFF OF LOCAL GOV ARRAIRS PO BOX 3044 SACRAMENTO CA 958123044 SAN FRANCISCO BAY CONSERV & DEV COM STE 2600 50 CALIFORNIA ST SAN FRANCISCO CA 941114704 SANDAG EXEC DIRECTOR STE 800 1STINTLPLZ401BST SAN DIEGO CA 92101 SD COUNTY PLANNING & LAND USE DEPT STE B-5 5201 RUFFIN RD SAN DIEGO CA 92123 SDGE 8315 CENTURY PARK CT SAN DIEGO CA 92123 STATE LANDS COMMISSION STE 1005 100 HOWE AVE SACRAMENTO CA 958258202 STATE LANDS COMMISSION STE 1 DOS 100 HOWE AVE SAN DIEGO CA 92123 US ARMY CORPS OF ENGINEER STE 702 333 MARKET ST SAN FRANCISCO CA 941052197 US BUREAU OF LAND MGMT STE RM W 2800 COTTAGE WY SACRAMENTO CA 95825 US BUREAU OF RECLAMATION MID PACIFIC REG 2800 COTTAGE WY SACRAMENTO CA 95825 US FISH & WILDLIFE SERVICES 2800 COTTAGE WAY STE W-2605 SACRAMENTO CA 958251888 USDA RURAL DEVELOPMENT DEPT 4169 430 G ST DAVIS CA 95616 Etiquettes faciles a peler Utilisez le aabarit AVERY® 5160®Sens de charaement Consultez la feuille *!>:....*... ._>.:*._ www.avery.com 204-123-05-O1 Sunbird Holdings L L C 445 Marine View Ave 300 Del Mar, CA 92014-3926 203-175-02 Daniel & Colleen Soto PO Box 353 Carlsbad, CA 92018-0353 204-123-08 Hill PO Box 1935 Carlsbad, CA 92018-1935 203-175-04 Robert L & Elaine Nielsen PO Box 2445 Carlsbad, CA 92018-2445 203-261-06-25 Rose Laski PO Box 2686 Carlsbad, CA 92018-2686 203-251-05 Carlsbad Inn Ltd PO Box 4068 Carlsbad, CA 92018-4068 204-123-07-01 Wilson A & Virginia Clay *M* PO Box 4538 Carlsbad, CA 92018-4538 204-132-27-07 Mark Stone PO Box 4485 Carlsbad, CA 92018-4485 203-260-15 Bennett Russell Lee L L C 951 Neptune Ave Encinitas, CA 92024-2077 203-260-13 Scott D & Linda Cordes *M* 315 S Coast Highway 101 U106 Encinitas, CA 92024-3543 203-261-06-09 Thomas F & Gayle Hodges 19988 Lake Dr Escondido, CA 92029-7024 203-260-16 San Katrina L L C 7136 Vista Del Mar Ave La Jolla, CA 92037-5341 203-261-06-10 Virginia L Gipner 1508 Mountain View Ave Oceanside, CA 92054-5511 203-260-02 Dennis R & Jean Bauern 3149 Coachman Ct Oceanside, CA 92056-3602 204-131-16 235 Pine Avenue Lie 734 Wilshire Rd Oceanside, CA 92057 204-123-01 Suder *B* 13820 Eagles Nest Sta Poway, CA 92064-1075 203-251-04 Perry PO Box 1102 Rancho Santa , CA 92067-1102 204-132-17 Harry M & Sharon Mellano PO Box 100 San Luis Rey, CA 92068-0100 204-132-27-03 Fletcher PO Box 986 Poway, CA 92074-0986 204-132-22 -f 1 3> Margaret I & Stanley Potter 856 Seabright Ln Solana Beach, CA 92075-1273 204-^32-23 -> StanleyNfl & Marfgaret Potter 856 Seabjeigt Ln 92075-1273 204-132-26 Cypress Cove Apts L P 1322 Scott St 102 San Diego, CA 92106-3702 203-251-06 3053 Ocean Street Lie 6660 Wandermere Ct San Diego, CA 92120-3246 204-132-28 Sandcastle Shores Apts L P 1322 Scott St 102 San Diego, CA 92106-3702 W G A PineAjsetSue L P 9252 Chesapeake Dr 100 Sajxmego, CA 92123-1025 204-132-03 Carlsbad Shores Apartments Gp 4542 Ruffner St 387 San Diego, CA 92111-2250 204-132\24-03 W G A Pirjfc<Svenue L P 9252xenesapeake Dr 100 SXnDiego, CA 92\23-1025 204-1^2^24-04 Wga Pine Av? 9252 -SbeSapeake Dr" San Diego, CA 92123-1014 204-132-24-05 w G'A ^iTre~Ayena£ij p 9252 Ches>q5eake Dr 100 San Diego, CA 92123-1025 204-1*2-24-06 WGA Pii^Avenjie-l, P 9252 Chesape^Sit^Dr 100 San Di^go, CA 92123-1025 Easy Peel Labels Use Avery.® TEMPLATE 5160® P^ ^Feed Paper WATER RESOURCES CONTROL BOARD PO BOX 100 SACRAMENTO CA 95801 See Instruction Sheet j for Easy Peel Feature ^lAVERY®5160® W G A Pine Avenue L P 9252 Chesapeak Dr 100 San Diego, CA 92123-1025 Etiquettes faciles a peler Utilk<V7 lo naharit AX/CRV®Consultez la feuille www.avery.com DKN HotelDKN HotelGPA 05GPA 05--05/ZC 0505/ZC 05--02/LCPA 0502/LCPA 05--02/02/RP 05RP 05--03/CDP 0503/CDP 05--1414 Location MapLocation MapPINE AVOAK AVLIN COLN STCARLSBAD BLO C E A N S T GAR FIELD STA T & SF R R WALNUT AV OAK AVPINE AVL IN C O L N S T CARLSBAD BLO C E A N S T G A R F IE L D S TWALNUT AVA T & S F R R CARLSBAD VILLAGE DR0200100FeetGPA 05-05/ZC 05-02/LCPA 05-02/RP 05-03/CDP 05-14/SDP 05-04DKN Hotel OAK AVPINE AVL IN C O L N S T CARLSBAD BLO C E A N S T G A R F IE L D S TWALNUT AVA T & S F R R CARLSBAD VILLAGE DR0200100FeetGPA 05-05/ZC 05-02/LCPA 05-02/RP 05-03/CDP 05-14/SDP 05-04DKN Hotel Housing and Redevelopment Housing and Redevelopment CommissionCommission„„Redevelopment Permit Redevelopment Permit (RP)(RP)„„Coastal Development Coastal Development Permit (CDP) in the VPermit (CDP) in the V--R R zonezone„„Environmental Document Environmental Document as Responsible Agencyas Responsible AgencyCARLSBAD BL City Council ConsiderationsCity Council Considerations„„General Plan Amendment General Plan Amendment (GPA)(GPA)„„Zone Change (ZC)Zone Change (ZC)„„Local Coastal Program Local Coastal Program Amendment (LCPA)Amendment (LCPA)„„Coastal Development Coastal Development Permit (CDP)Permit (CDP)„„Environmental Document Environmental Document as Lead Agencyas Lead AgencyCARLSBAD BL Proposed DevelopmentProposed Development CONF ROOMSEX ROOMBREAKFAST ROOMBUSINESS CENTER Consistency with Development Consistency with Development StandardsStandards„„Open Space Open Space „„VV--R Required: 20%R Required: 20%„„CC--T Required: N/AT Required: N/A„„Building CoverageBuilding Coverage„„VV--R Required: 80%R Required: 80%--100%100%„„CC--T Required: N/AT Required: N/A„„HeightHeight„„VV--R Required: 45R Required: 45’’(5:12 pitch)(5:12 pitch)„„CC--T Required: 35T Required: 35’’„„ParkingParking„„Required: 1.2 Required: 1.2 spaces/room =125 spaces/room =125 spacesspaces„„Open Space Open Space „„Proposed: 31.5%Proposed: 31.5%„„Building CoverageBuilding Coverage„„Proposed: 53%Proposed: 53%„„HeightHeight„„Proposed: 43Proposed: 43’’w/12:12 roof pitchw/12:12 roof pitch„„Proposed: 33Proposed: 33’’--33””w/12:12 roof pitchw/12:12 roof pitch„„ParkingParking„„Proposed: 125 spacesProposed: 125 spaces 5’min10’min0’min5’min7-11 Convenience Store7.5 to 125 to 1510 to 1810 to 14 Setbacks and VarianceSetbacks and VarianceFront and Side SetbacksFront and Side Setbacks„„Minimum of rangeMinimum of range„„No adverse impactsNo adverse impacts„„Building articulationBuilding articulationSide Yard VarianceSide Yard Variance„„Unique lot shapeUnique lot shape„„No special privilegeNo special privilege„„Authorized useAuthorized use„„General Plan and Coastal General Plan and Coastal PlanPlan Front ElevationFront Elevation Rear ElevationRear Elevation South ElevationSouth Elevation North ElevationNorth Elevation VV--R Zoning & Village General Plan R Zoning & Village General Plan CompatibilityCompatibility„„VV--R Zone, Land Use District 9R Zone, Land Use District 9„„Hotel = Permitted UseHotel = Permitted Use„„Village General Plan Consistency Village General Plan Consistency „„Proposed project meets goals and objectives:Proposed project meets goals and objectives:„„Desirable useDesirable use„„Development of underutilized lotDevelopment of underutilized lot„„New economic development near transportation corridorsNew economic development near transportation corridors„„Serve as catalyst for future developmentServe as catalyst for future development„„Contributes to a lively and interesting social environmentContributes to a lively and interesting social environment General Plan, Zone Change and LCP General Plan, Zone Change and LCP AmendmentAmendment„„General Plan AmendmentGeneral Plan Amendment„„From Residential High Density (RH) to From Residential High Density (RH) to Travel/Recreation Commercial (TTravel/Recreation Commercial (T--R)R)„„Zone ChangeZone Change„„From Multiple Family Residential (RFrom Multiple Family Residential (R--3) to Commercial 3) to Commercial Tourist Zone (CTourist Zone (C--T)T)„„Local Coastal Program AmendmentLocal Coastal Program AmendmentƒƒFrom Residential High Density (RH) to From Residential High Density (RH) to Travel/Recreation Commercial (TTravel/Recreation Commercial (T--R)R)ƒƒFrom MultipleFrom Multiple--Family Residential Zone (RFamily Residential Zone (R--3) to 3) to Commercial Tourist (CCommercial Tourist (C--T)T) EnvironmentalEnvironmental„„Negative Declaration Negative Declaration „„No Significant Impacts IdentifiedNo Significant Impacts Identified RecommendationRecommendation„„That the Housing and Redevelopment Commission That the Housing and Redevelopment Commission adopt the Resolution concurring with the Negative adopt the Resolution concurring with the Negative Declaration and approving the Redevelopment Declaration and approving the Redevelopment Permit and Coastal Development Permit.Permit and Coastal Development Permit.„„That the City Council introduce the Ordinance That the City Council introduce the Ordinance approving the Zone Change and adopt the approving the Zone Change and adopt the Resolution adopting the Negative Declaration and Resolution adopting the Negative Declaration and approving the General Plan Amendment, Local approving the General Plan Amendment, Local Coastal Program and Coastal Development PermitCoastal Program and Coastal Development Permit