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HomeMy WebLinkAbout2017-04-11; City Council; ; Carlsbad Boat Club & Resort CT 14-11CA Review (2.J.L._. CITY COUNCIL Staff Report Meeting Date: To: From: Staff Contact: Subject: Project Name: Project No.: April 11, 2017 Mayor and City Council ~ Kevin Crawford, City Manage~ Teri Delcamp, Principal Planner t eri.delcamp@carlsbadca.gov or 760-602-4611 Deny a request for a Tentative Tract Map, Nonresidential Planned Unit Development Permit and Conditional Use Permit for the construction of a twenty (20) unit timeshare condominium project with underground parking on approximately one acre of land located at 4509 Adams Street on the north shore of Agua Hedionda Lagoon. Carlsbad Boat Club & Resort CT 14-11/PUD 16-02/CUP 14-10 Recommended Action That the City Council hold a public hearing and adopt a resolution confirming the Planning Commission recommendation and denying Tentative Tract Map CT 14-11, Nonresidential Planned Development Permit PUD 16-02 and Conditional Use Permit CUP 14-10 for the construction of a twenty (20} unit timeshare condominium project with underground parking on approximately one acre of land located at 4509 Adams Street. Alternatively, the City Council could direct staff to return to council with a resolution approving the project per staff's original recommendation. Executive Summary The applicant, Jim Courtney, is seeking approval of a Tentative Tract Map, Nonresidential Planned Unit Development Permit and Conditional Use Permit to demolish existing buildings for the construction of a twenty (20} unit timeshare condominium project. The proposed timeshare project would be constructed on approximately one acre of land located at 4509 Adams Street on the north shore of Agua Hedionda Lagoon. The timeshare would be three stories over an underground parking garage, and the roof of the timeshare would be no higher than Adams Street. The project would retain the existing boat ramp and small recreational building near the water's edge. From the 1950s through the 1980s, the subject site and four other surrounding properties had General Plan Land Use designations of Recreational Commercial (RC, later redefined as Travel Recreation/Commercial (TR) and recently redefined as Visitor Commercial (VC)), and were zoned as Residential Tourist (R-T). The other four sites (one to the east, and three on the north side of Adams Street) have since had their General Plan Land Use and Zoning designations changed to Residential (R-4 and R-1-15,000, respectively). The Carlsbad Boat Club site is the last remaining parcel with a VC Land Use designation and R-T Zoning in the immediate area. Item #4 April 11, 2017 Page 1 of 213 The Local Coastal Program policies stipulate that the site's existing recreational commercial use needs to be preserved or enhanced. In meetings at different times with the applicant and with city staff, Coastal Commission staff has indicated that a land use change or development of the site with a traditional residential use would not be approved because it would not be consistent with the Local Coastal Program and Coastal Act policies. The site's existing boat launch/ramp facility and recreational building were originally approved by the City Council in 1955 (Ordinance 9043). Until approximately 10 years ago, the site had been in continuous operation as a boat club and restaurant. There is no longer a restaurant, but the Carlsbad Paddle Club currently operates from the site. The applicant had previously proposed a 26 unit timeshare condominium project in 2006, which was subsequently reduced to 25 units before ultimately being brought forward with a staff recommendation for denial, and was denied at Planning Commission and City Council in 2008. The current application proposes fewer units, with less square footage, has eliminated a roof deck and height protrusions, and is stepped back more from the Lagoon at each level of the building than the prior project. Discussion Staff analyzed the current application, found that the modified project met the applicable development standards and the necessary findings, and recommended approval of the project. The project was originally scheduled for consideration by the Planning Commission on September 21, 2016, but the applicant requested a continuance to a future date. The project was then scheduled for the February 1, 2017, Planning Commission meeting but other business on that agenda necessitated a continuance of the public hearing to February 15, 2017. On February 15, 2017, the Planning Commission conducted a public hearing. The majority of public correspondence from residents in the surrounding area has been in opposition to the project due to concerns about compatibility with the surrounding residential uses, conflicts with existing traffic on Adams Street, and impacts on the environment and use of Agua Hedionda Lagoon. At the Planning Commission hearing, several speaker slips {15) and eight speakers (time was ceded) were in opposition to the project while seven speaker slips and five speakers were in favor. After due consideration, the Planning Commission was unable to make the necessary findings for approval and instead recommended denial (5-2, Commissioners Black and Siekmann voting no) ofthe project. Planning Commission discussion primarily focused on the timeshare project's massing, compatibility with the neighborhood, operational details, and traffic. Commissioners opposing the project voiced concerns including: • Commercial infill projects adjacent to existing residential uses need to meet a higher standard of compatibility, and the project would need to be significantly reduced in massing and the number of units in order to meet that higher standard. • The nature of a transient visitor use may cause incompatible noise, traffic, and other operational impacts on surrounding residences. • The design and use of Adams Street presents inherent conflicts between vehicles, bicyclists and pedestrians, and the timeshare project will exacerbate the conflicts. Item #4 April 11, 2017 Page 2 of 213 • The number of timeshare unit bedrooms allows for higher occupancy of the units with more cars, which may exceed the number of parking spaces proposed by the project. • The project does not include a pool, so guests will want to use boats on the lagoon. The project is not designed with enough parking or space for boats, trailers and maneuvering. • Other uses could be proposed, such as a small six-to-ten bedroom bed and breakfast inn, are allowed in the Residential Tourist zone and would be less intensive and more compatible with the character of the neighborhood. Commissioners in support of the project stated: • The project has been sufficiently modified, compared to the previously denied project, so that it is more compatible with the neighborhood. • The issues and concerns about the previously denied project in 2008 had been adequately mitigated with the current project design. • Landscaping along Adams Street will help screen the roof, and still allow views over the building to the lagoon. • The neighborhood is diversified in keeping with the California Coastal Commission's goals and policies, and a timeshare retains the diversity while generating less traffic than other more intensive uses. In contrast to the Planning Commission's action, staff's analysis found that the project is sufficiently reduced in massing and intensity to be compatible with the neighborhood, given the site's singular Visitor Commercial Land Use designation. The traffic generated by the project will be less than the historical use, and is well below significance thresholds. Coastal Act policies and the California Coastal Commission call for preservation and enhancement of the visitor-serving use of the site so residential uses will not be allowed. The project plans show a boat and trailer maneuvering diagram, six parking spaces more than is required by the code, and two additional visitor parking spaces. There is no evidence to indicate that use of the timeshare will exceed the available on-site parking spaces which more than meet the parking ratio required for timeshares. Pursuant to Chapters 20.12 and 21.47 of the Carlsbad Municipal Code (CMC), Planning Commission approval is required for a tentative tract map and nonresidential planned development permit. Pursuant to Section 21.42.140(8}(155) of the CMC, City Council approval is required for a timeshare conditional use permit. Per Section 21.42.070(A}(3), the Planning Commission shall prepare a recommendation and findings for a CUP that requires City Council approval. Section 21.54.040 of the CMC requires all concurrent project applications to be considered by the highest decision-maker. Project Application(s) Administrative Planning City Approval Commission Council CT 14-11/PUD 16-02/CUP 14-10 RA X RA = Recommended Approval X = Final City decision-making authority Item #4 April 11, 2017 Page 3 of 213 The project site is within a deferred certification area of the Local Coastal Program; if the project were to be approved by the City Council, then the applicant would need to apply to the California Coastal Commission for a Coastal Development Permit which would be the project's final entitlement approval. Fiscal Analysis There is no fiscal impact if the project is denied. If approved, all required improvements needed to serve this project would be funded and/or constructed by the developer. Next Steps City Council's action on this item is final. Environmental Evaluation (CEQA) Denial of the project is not subject to the requirements of the California Environmental Quality Act {CEQA) pursuant to Section 15270 of the CEQA Guidelines. If approved, the City Planner has determined that the project is exempt from the requirements of CEQA pursuant to Section 15332 {In-fill Development Projects). Climate Action Plan (CAP) Consistency The net increase for the development of 20 timeshare units is below the threshold of 900 MT C02e, and is not subject to the CAP. Public Notification Information regarding public notification of this item such as mailings, public hearing notices posted in the newspaper and on the City website are available in the Office of the City Clerk. Exhibits 1. City Council Resolution confirming the Planning Commission recommendation of denial 2. Location Map 3. Planning Commission Resolution No. 7200 recommending denial 4. Planning Commission Staff Reports dated February 15, 2017, and September 21, 2016 (including correspondence to the Planning Commission and staff's resolution recommending approval) and Minutes 5. Exhibit provided to City Council February 1, 2017 6. Public Correspondence to the City Council Item #4 April 11, 2017 Page 4 of 213 RESOLUTION NO. 2017-060 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING CARLSBAD TRACT CT 14-11, NONRESIDENTIAL PLANNED UNIT DEVELOPMENT PERMIT PUD 16-02, AND CONDITIONAL USE PERMIT CUP 14-10 FOR A TWENTY (20) UNIT TIMESHARE CONDOMINIUM PROJECT WITH UNDERGROUND PARKING ON APPROXIMATELY ONE ACRE OF LAND LOCATED AT 4509 ADAMS STREET, ON THE SOUTH SIDE OF ADAMS STREET BETWEEN HIGHLAND DRIVE AND PARK DRIVE, WITHIN THE AGUA HEDIONDA SEGMENT OF THE LOCAL COASTAL PROGRAM (LCP) AND IN LOCAL FACILITIES MANAGEMENT ZONE 1 CASE NAME: CASE NO.: CARLSBAD BOAT CLUB & RESORT CT 14-11/PUD 16-02/CUP 14-10 EXHIBIT 1 WHEREAS, the City Council of the City of Carlsbad, California has determined that, pursuant to the provisions ofthe Municipal Code, the Planning Commission did, on February 15, 2017, hold a duly noticed public hearing as prescribed by law to consider Tentative Tract Map CT 14-11, Nonresidential Planned Development Permit PUD 16-02 and Conditional Use Permit CUP 14-10 and adopted Planning Commission Resolution No. 7200, recommending denial of CT 14-11/PUD 16-02/CUP 14-10; and WHEREAS, the City Council of the City of Carlsbad held a duly noticed public hearing to consider said Tentative Tract Map, Nonresidential Planned Unit Development Permit and Conditional Use Permit; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors relating to the Tentative Tract Map, Nonresidential Planned Unit Development Permit and Conditional Use Permit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the recommendation of the Planning Commission for the denial of Tentative Tract Map CT 14-11, Nonresidential Planned Development Permit PUD 16-02 and Conditional Use Permit CUP 14-10, is approved, and that the findings and conditions ofthe Planning Commission contained in Planning Commission Resolution No. 7200, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. Item #4 April 11, 2017 Page 5 of 213 SITE MAP • N NOT TO SCALE Carlsbad Boat Club and Resort CT 14-11 I PUD 16-02 I CUP 14-10 EXHIBIT 2 Item #4 April 11, 2017 Page 7 of 213 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 7200 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING DENIAL OF CARLSBAD TRACT CT 14-11, NONRESIDENTIAL PLANNED UNIT DEVELOPMENT PERMIT PUD 16-02, AND CONDITIONAL USE PERMIT CUP 14-10 FOR THE DEMOLITION OF A RESTAURANT AND SINGLE FAMILY RESIDENCE AND TO ALLOW THE CONSTRUCTION OF A TWENTY (20) UNIT TIMESHARE CONDOMINIUM PROJECT WITH UNDERGROUND PARKING ON APPROXIMATELY ONE ACRE OF LAND LOCATED AT 4509 ADAMS STREET, ON THE SOUTH SIDE OF ADAMS STREET BETWEEN HIGHLAND DRIVE AND PARK DRIVE, WITHIN THE AGUA HEDIONDA SEGMENT OF THE LOCAL COASTAL PROGRAM (LCP) AND IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: CARLSBAD BOAT CLUB & RESORT CASE NO.: CT 14-11/PUD 16-02/CUP 14-10 EXHIBIT 3 WHEREAS, James Courtney, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by VIP Partners, "Owner," described as THE WESTERLY 133.71 FEET OF LOT 7 IN BLOCK "D" OF BELLAVISTA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2152, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 7, 1929, SAID 133.71 FEET MEASURED AT RIGHT ANGLES FROM THE WESTERLY LINE OF SAID LOT ("the Property"); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map, Non- Residential Planned Development Permit, and Conditional Use Permit as shown on Exhibit(s) "A" -"Q" dated September 21, 2016, on file in the Planning Division CT 14-11/PUD 16-02/CUP 14-10 -CARLSBAD BOAT CLUB & RESORT, as provided by Chapters 20.12, 21.47, and 21.42 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on September 21, 2016, hold a duly noticed public hearing as prescribed by law to consider said request, and at the request of the applicant, tabled consideration of the request; and WHEREAS, the Planning Commission did, on February 1 and February 15, 2017, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map, Non-Residential Planned Development Permit, and Conditional Use Permit. Item #4 April 11, 2017 Page 8 of 213 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 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS DENIAL of CT 14-11/PUD 16-02/CUP 14-10 -CARLSBAD BOAT CLUB & RESORT, based on the following findings: Findings: Tentative Tract Map 1. 2. That the proposed project is not compatible with the surrounding future land uses since surrounding properties are designated for residential development on the General Plan, in that: a. b. C. The massing and intensity of use associated with the timeshare project is not compatible with the existing and future single family land uses and character of the surrounding properties. Commercial infill projects adjacent to existing residential uses need to meet a higher standard of compatibility than is provided by the proposed project. The project would need to be significantly reduced in massing and size, and be a less intensive use than 20 timeshare units, in order to meet that higher standard. The nature of the transient visitor use and the potential for noise, traffic and other operational impacts of the timeshare use are not compatible with the surrounding single family neighborhood. The use of Adams Street already presents inherent conflicts between vehicles, bicyclists and pedestrians, and adding traffic from the timeshare project will exacerbate the conflicts. The number of timeshare unit bedrooms allows for higher occupancy of the units with more cars, which may exceed the number of parking spaces proposed by the project. The traffic associated with the addition of 20 timeshare units, nine of which are two-or three-bedroom units, will exacerbate the existing potential for pedestrian, bicycle and vehicle conflicts on the adjacent Adams Street given its curvilinear design including blind curves. The project does not propose a swimming pool and swimming is not permitted in the lagoon, so timeshare guests would primarily want to use boats on the lagoon. The project is not designed with enough parking or space to accommodate the number of public boats and trailers that should realistically be expected onsite. That the site is not physically suitable for the type and density of the development since the site is not adequate in size and shape to accommodate the proposed project because it does not include sufficient parking spaces and maneuvering room for the 20 timeshare units combined with public boat and trailer access to the boat ramp. Even if the project limits public boats to a maximum of six boat launches at any given time as stated by the applicant, the applicant was unable to demonstrate that the plans show sufficient parking spaces for six vehicles and boat trailers. Nonresidential Planned Development Permit 3. The proposed use at the particular location is not necessary and desirable to provide a service or facility, and will not contribute to the general well-being of the neighborhood and the community, in that other uses could be proposed for development on the site consistent with the Residential PC RESO NO. 7200 -2-Item #4 April 11, 2017 Page 9 of 213 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 Tourist zone that would be less intensive and more compatible with the character of the neighborhood, and the timeshare use without any more publicly available amenity does not contribute to the general well-being of the neighborhood. Conditional Use Permit 4. 5. That the requested use is not necessary or desirable for the development of the community, and is not in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan, in that other uses could be proposed for development on the site consistent with the Residential Tourist zone that would be less intensive and more compatible with the character of the neighborhood, and the design of the proposed timeshare project is not compatible with the surrounding single family residential neighborhood at the scale and intensity proposed. That the site for the proposed conditional use is not adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the City Planner, planning commission or city council, in order to integrate the use with other uses in the neighborhood, in that: a. b. C. The proposed project does not include sufficient parking spaces and maneuvering room for the 20 timeshare units combined with public boat and trailer access to the boat ramp. Even if the project limits public boats to a maximum of six boat launches a day as stated by the applicant, the plans do not show sufficient parking spaces for six vehicles with boat trailers. The design of the proposed timeshare project is not compatible with the surrounding single family residential neighborhood at the scale and intensity proposed. The nature of the transient visitor use and the potential noise, traffic and other operational impacts of the timeshare use are not compatible with the surrounding single family neighborhood. PC RESO NO. 7200 -3-Item #4 April 11, 2017 Page 10 of 213 1 2 3 4 5 6 7 8 9 10 11 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on February 15, 2017, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Segall, Commissioners Anderson, Goyarts, L'Heureux and Montgomery Commissioners Black and Siekmann 12 JEFF SEGALL, Chairperson CARLSBAD PLANNING COMMISSION 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATIEST: ~Yl DON NEU City Planner PC RESO NO. 7200 -4-Item #4 April 11, 2017 Page 11 of 213 EXHIBIT 4 The City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION Item No. 0 Application complete date: June 24, 2016 P.C. AGENDA OF: February 15, 2017 Project Planner: Teri Delcamp/Greg Fisher Project Engineer: Kyrenne Chua SUBJECT: CT 14-11/PUD 16-02/CUP 14-10 -CARLSBAD BOAT CLUB & RESORT -Request for a Tentative Tract Map, Nonresidential Planned Unit Development Permit and Conditional Use Permit for the demolition of a restaurant and single family residence and to allow the construction of a twenty (20) unit timeshare condominium project with underground parking on approximately one acre of land located at 4509 Adams Street, on the south side of Adams Street between Highland Drive and Park Drive, within the Agua Hedionda Segment of the Local Coastal Program (LCP) and in Local Facilities Management Zone 1. The City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to state CEQA Guidelines Section 15332 -In-fill Development Projects. The Agua Hedionda LCP Segment is in an area of deferred certification where the City of Carlsbad does not have permit authority to issue Coastal Development permits and thus, the project will need to obtain a Coastal Development Permit issued by the California Coastal Commission. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7200 RECOMMENDING APPROVAL ofTentative Tract Map CT 14-11, Non-Residential Planned Unit Development Permit PUD 16- 02 and Conditional Use Permit CUP 14-10, based upon the findings and subject to the conditions contained therein. II. BACKGROUND At the September 21, 2016, Planning Commission hearing, the applicant requested and was granted a continuance of the Carlsbad Boat Club project to a date uncertain. The stated intent of the request was to allow time for the applicant to conduct further outreach with the neighboring community and to prepare a traffic study. Because the project was not continued to a date certain, a new public hearing notice was provided in advance of this meeting. Since the previous hearing, the applicant has continued to meet with the neighboring community, including a community meeting at the Faraday Center on January 11, 2017. The applicant decided not to prepare a traffic study. The applicant stated that, even though a traffic study is not required for the project, they did consider having one prepared because they thought it might deflect some of the concerns of the neighbors about increased traffic. The applicant found the estimates to be cost prohibitive, and decided to instead focus efforts on outreach and the Planning Commission presentation to convey that the project will reduce traffic compared to the historical use of the site as a restaurant. Item #4 April 11, 2017 Page 12 of 213 CT 14-11/PUD 16-02/CUP 14-10 -CARLSBAD BOAT CLUB & RESORT February 15, 2017 Pa e 2 The original staff report for the September 21, 2016, meeting is attached. Staff has continued to receive correspondence regarding the project, both before and after the community meeting. The recent correspondence that was not previously transmitted to the Planning Commission is attached to this staff report. A member of the public brought a typographical error in the previous staff report to staff's attention. On page 8, the paragraph under item 2 erroneously characterizes the reduction from the previous project's 25 timeshare units to 20 current units as a 25 percent reduction, whereas it is of course a 20 percent reduction. ATIACHMENTS: 1. Planning Commission Resolution No. 7200 2. Planning Commission Staff Report dated September 21, 2016 3. Correspondence from the Public Received after September 21, 2016 Item #4 April 11, 2017 Page 13 of 213 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 7200 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF CARLSBAD TRACT CT 14-11, NONRESIDENTIAL PLANNED UNIT DEVELOPMENT PERMIT PUD 16-02, AND CONDITIONAL USE PERMIT CUP 14-10 FOR THE DEMOLITION OFA RESTAURANT AND SINGLE FAMILY RESIDENCE AND TO ALLOW THE CONSTRUCTION OF A TWENTY (20) UNIT TIMESHARE CONDOMINIUM PROJECT WITH UNDERGROUND PARKING ON APPROXIMATELY ONE ACRE OF LAND LOCATED AT 4509 ADAMS STREET, ON THE SOUTH SIDE OF ADAMS STREET BETWEEN HIGHLAND DRIVE AND PARK DRIVE, WITHIN THE AGUA HEDIONDA SEGMENT OF THE LOCAL COASTAL PROGRAM (LCP) AND IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: CASE NO.: CARLSBAD BOAT CLUB & RESORT CT 14-11/PUD 16-02/CUP 14-10 WHEREAS, James Courtney, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by VIP Partners, "Owner," described as: THE WESTERLY 133.71 FEET OF LOT 7 IN BLOCK "D" OF BELLAVISTA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2152, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 7, 1929, SAID 133.71 FEET MEASURED AT RIGHT ANGLES FROM THE WESTERLY LINE OF SAID LOT ("the Property"); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map, Non- Residential Planned Development Permit, and Conditional Use Permit as shown on Exhibit(s) "A" -"Q" dated September 21, 2016, on file in the Planning Division CT 14-11/PUD 16-02/CUP 14-10 -CARLSBAD BOAT CLUB & RESORT, as provided by Chapters 20.12, 21.47, and 21.42 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on September 21, 2016, hold a duly noticed public hearing as prescribed by law to consider said request, and at the request of the applicant, tabled consideration of the request; and WHEREAS, the Planning Commission did, on February 1 and February 15, 2017, hold a duly noticed public hearing as prescribed by law to consider said request; and DRAFT NOT ADOPTEDItem #4 April 11, 2017 Page 14 of 213 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map, Non-Residential Planned Development Permit, and Conditional Use Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of CT 14-11/PUD 16-02/CUP 14-10 -CARLSBAD BOAT CLUB & RESORT, based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. 5. 6. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the proposed subdivision is a single lot for condominium timeshare purposes. The property's Visitor Commercial land use designation encourages commercial uses that serve the travel and recreation needs of visitors and residents. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential development on the General Plan, in that the timeshare units have been designed to have the roof no higher than the street, the building consists of high quality architecture and is designed to step down toward the lagoon. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate the proposed project while complying with all development standards. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that the proposed subdivision is a single lot for condominium timeshare purposes, will not conflict with existing easements, and proposes to widen an existing utility easement. Lateral and vertical access easem~nts will be provided as shown on the map and/or required by the conditions of approval. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that structures are oriented such that the timeshare units will be able to take advantage of prevailing breezes and regulate heating and cooling by actuating fully functioning doors and windows within the units. PC RESO NO. 7200 -2-Item #4 April 11, 2017 Page 15 of 213 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 7. 8. 9. 10. 11. 12. 13. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that there are no protected habitat and/or species onsite. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has been designed to and will comply with the current Regional Water Quality Control Board requirements as well as any new requirement established prior to the issuance of a building permit. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan, based on the facts set forth in the staff reports dated September 21, 2016, and February 15, 2017, including, but not limited to the following: the proposed timeshare land use is specified as allowed and encouraged in the General Plan as a Visitor Commercial use. The project is consistent with the Citywide 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 provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recrea.tional facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, A. B. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 1. That all necessary public facilities required by the Growth Management Ordinance will be constructed or are guaranteed to be constructed concurrently with the need for them created by this project and in compliance with adopted City standards. Nonresidential Planned Development Permit 14. The granting of this permit will not adversely affect and will be consistent with the code, the general plan, applicable specific plans, master plans, and all adopted plans of the city and other governmental agencies in that the nonresidential planned development permit allows for the creation of timeshare condominium units which is established as an encouraged and allowed use within the Visitor Commercial General Plan Land Use designation and the land use table for the Residential Tourist Zone. PC RESO NO. 7200 -3-Item #4 April 11, 2017 Page 16 of 213 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 15. 16. 17. 18. The proposed use at the particular location is necessary and desirable to provide a service or facility, which will contribute to the general well-being of the neighborhood and the community, in that the use is consistent with the General Plan vision for the Visitor Commercial (VC} Land Use designation of the site. As such, the use is considered desirable for the development of the community as it will provide tourist serving units and support the economic viability of the city through visitors patronizing local establishments. Such use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity in that the proposed timeshare project complies with the Residential Tourist Zone and Agua Hedionda LCP requirements, and is required to be designed in compliance with all applicable codes and standards for development prior to the issuance of grading and building permits. The proposed nonresidential planned development meets all of minimum development standards of the underlying zone. In granting a nonresidential planned development permit, the City Council, Planning Commission or City Planner may modify the plan or impose such conditions as it deems necessary to protect the public health, safety, and general welfare in that conditions of approval are included to address the timeshare project's compatibility with the surrounding area in terms of operation and noise. Conditional Use Permit 19. That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan, in that the use is consistent with the General Plan vision for the Visitor Commercial (VC} Land Use designation of the site. As such, the use is considered desirable for the development of the community as it will provide tourist serving units and support the economic viability of the city through visitors patronizing local establishments. The visitor serving use and preservation of the private boat club and boat launching facility furthers the goals of the city's Local Coastal Plan. Lateral coastal access along the Agua Hedionda Lagoon is proposed by the project. A condition requires dedication of vertical public access (street to shore) if and where required by the Coastal Commission. The design of the proposed timeshare project is compatible with the surrounding neighborhood at the scale and intensity proposed. The timeshare project now proposes 20 timeshare units within a 26,288 square foot building on an 11,360 square foot above-grade building footprint. The surrounding area has been developed with single family homes. The project meets the required development standards for the zone without any variances, includes underground parking and has been designed to step down toward the lagoon so as to reduce its scale and massing. The timeshare use will generate 200 Average Daily Trips (ADT) which is roughly half the ADT that was generated by the historical use of the site as a restaurant and boat launching facility. 20. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located in that the 20-unit timeshare project will not be detrimental to the existing boat club and boat launching facility, which is the only existing use on the same site and zone in which the timeshare use is proposed. The project site is the only remaining Residential Tourist (R-T) site in the immediate vicinity, surrounded by single family residential development. The timeshare project is designed in such a way, and is conditioned, so as not to be detrimental to the surrounding residential neighborhood. The design and PC RESO NO. 7200 -4-Item #4 April 11, 2017 Page 17 of 213 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 21. 22. 23. 24. 25. intensity of the project, given the level of intensity that could be developed on this site in the Residential Tourist (R-T) zone, is compatible with the surrounding residential neighborhood. The architecture of the building is well-designed, and steps down toward the lagoon. The number of timeshare units is 20, which is a 25 percent reduction compared to the previous timeshare project that was denied on the site. The parking garage, and portions of the floors above, are below grade, which helps to further reduce the massing of the project. The height of the building will not exceed the centerline height of Adams Street, so the timeshare will not impose massing on the streetscape character of the neighborhood. Conditions of approval are proposed to address potential impacts that could otherwise occur related to noise and operations, which will further ensure the use is not detrimental to the surrounding neighborhood. That the site for the proposed conditional use is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the City Planner, planning commission or city council, in order to integrate the use with other uses in the neighborhood, in that as designed the project site accommodates the proposed development without the inclusion of special adjustments or variances to development standards. The primary use of the site has not been residential, and the site has accommodated commercial and recreational uses. The timeshare building footprint is outside the required 100-foot wetland buffer, and provides the necessary stormwater treatment improvements to protect the lagoon. The boat club recreation building and launching ramp are within the wetland buffer, but they have existed at the site for decades and are a use that is protected under Local Coastal Plan policies and requirements. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that access to the site is by way of Adams Street, which is adequate in size to handle the proposed 200 Average Daily Trips that will be generated by the proposed timeshare use and boat club facility. That the time-sha.re project is located in reasonable proximity to an existing resort or public recreational area and, therefore, can financially and geographically function as a successful timeshare project and that the project will not be disruptive to existing or future uses in the surrounding neighborhood, in that the project is located adjacent to the Agua Hedionda Lagoon which provides recreational activities for water sports such as boating, sailing, fishing and kayaking. Water access from the site would allow the aquatic activities which will help ensure that the project can financially and geographically function as a successful timeshare use. The Residential Tourist (R-T) zoning implements the Visitor Commercial (VC) Land Use designation, which is a nonresidential designation of the .General Plan, so it is a nonresidential zone. Timeshares in nonresidential zones are conditioned to be converted to a hotel use if they cannot be successfully marketed as a timeshare project. The project has been designed to accommodate conversion and a hotel would need to meet all of the same requirements and conditions of the CUP and Section 21.42.140(8)(155) of the CMC. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan- Palomar Airport (ALUCP), dated December 2011, in that the project is compatible with the projected noise levels of the ALUCP; and, based on the noise/land use compatibility matrix of the ALUCP, the proposed land use is compatible with the airport. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). PC RESO NO. 7200 -5-Item #4 April 11, 2017 Page 18 of 213 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 26. 27. That the City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15332 -In-fill Development Projects of the state CEQA Guidelines. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit, building permit or recordation of final map, whichever comes first. 1. 2. 3. 4. 5. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for.their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Tentative Tract Map, Non- Residential Planned Development Permit, and Conditional Use Permit. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map, Non-Residential Planned Development Permit, and Conditional Use Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. Developer shall comply .with all applicable prov1s1ons of federal, state, and local laws and regulations in effect at the time of building permit issuance. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval .shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. Prior to the commencement of any ground disturbing activities, the project developer shall: A. Retain the services of a qualified paleontologist who shall be on-site for the original cutting of previously undisturbed native soil (part-time for marine terrace deposit areas and full-time for Santiago Formation deposit areas. The paleontologist shall recover any discovered fossils and is empowered to temporarily divert or halt grading to allow recovery in a timely manner. Fossils shall be treated appropriately, catalogued, and deposited with pertinent field notes, photos, and maps, etc., as a donation with financial support for initial specimen storage in a scientific institution with permanent paleontological collections. PC RESO NO. 7200 -6-Item #4 April 11, 2017 Page 19 of 213 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. 7. 8. 9. 10. 11. B. C. Retain the services of a qualified archaeologist who shall be on-site for ground disturbing activities. In the event cultural material is encountered, the archaeologist is empowered to temporarily divert or halt grading to allow for coordination with the Luiseiio Native American monitor and to determine the significance of the discovery. The archaeologist shall follow all standard procedures for cultural materials that are not Tribal Cultural Resources. Enter into a Pre-Excavation Agreement, otherwise known as a Tribal Cultural Resources Treatment and Tribal Monitoring Agreement, with the San Luis Rey Band of Mission Indians or other Luiseiio tribe that meets all standard requirements of the tribe for such Agreements. This agreement will address provision of a Luiseiio Native American monitor and contain provisions to address the proper treatment of any tribal cultural resources and/or Luiseiio Native American human remains inadvertently discovered during the course of the project. The agreement will outline the roles and powers of the Luiseiio Native American monitors and the archaeologist. 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 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 Tentative Tract Map, Non-Residential Planned Development Permit, and Conditional Use Permit, (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, 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 been concluded and continues even if the City's approval is not validated. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first, developer shall submit tot.he City Planner, a 24" x 36" copy of the Tentative Map and Site Plan, conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final decis.ion making body. The copy shall be submitted to the city planner, reviewed and, if found acceptable, signed by the city's project planner and project engineer. If no changes were required, the approved exhibits shall fulfill this condition. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. This approval shall become null and void if building permits are not issued for this project within 24 months from the date on which the California Coastal Commission votes to approve the project. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. PC RESO NO. 7200 -7-Item #4 April 11, 2017 Page 20 of 213 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 12. 13. 14. 15. 16. 17. 18. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFO #1 special tax (if applicable}, subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable 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 are not paid, this approval will not be consistent with the General Plan and shall become void. Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Tentative Tract Map, Non-Residential Planned Development Permit, and Conditional Use Permit by Resolution(s) No. 7200 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Division and accompanied by the project's building, improvement, and grading plans. CUP 14-10 shall be reviewed by the City Planner annually to determine if all conditions of this permit have been met and that the use does not have a substantial negative effect on surrounding properties or the public health, safety and general welfare. If the City Planner determines that: 1} the Conditional Use Permit was obtained by fraud or misrepresentation; or 2} the use for which such approval was granted is not being exercised; or 3} the Conditional Use Permit is being or recently has been exercised contrary to any of the terms or conditions of approval or the conditions of approval have not been met; or 4) the use for which such approval was granted has ceased to exist or has been suspended for one year or more; or 5} the use is in violation of any statute, ordinance, law or regulation; or 6} the use permitted by the Conditional Use Permit is being or has been so exercised as to be detrimental to the public health, safety or welfare or so as to constitute a nuisance, the City Planner shall recommend that the Planning Commission hold a public hearing and after providing the permittee the opportunity to be heard, the Planning Commission may revoke and terminate the Conditional Use Permit in whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose new conditions. This Conditional Use Permit is granted without an expiration date. This permit may be revoked at any time after a public hearing, if it is found that the use has a substantial detrimental effect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. All roof appurtenances, with the exception of photo voltaic systems, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community and Economic Development Department and Planning. Developer shall construct trash receptacle and recycling areas 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 receptacles shall be approved by the City Planner. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the City Planner. PC RESO NO. 7200 -8-Item #4 April 11, 2017 Page 21 of 213 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 19. 20. 21. 22. 23. 24. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner of an Outdoor Storage Plan, and thereafter comply with the approved plan. Developer shall submit and obtain City Planner approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. Prior to issuance of a building permit, the developer shall submit a noise study to the satisfaction of the City Planner and Building Official demonstrating that the project's construction will not exceed the Allowable Noise Exposure levels in Table 5:..3 of the General Plan Noise Element for adjacent residences. The timeshare use shall comply with the following operational standards: A. B. C. D. E. F. No live music or entertainment is allowed in the exterior areas of the site including but not limited to the walkways, parking garage, courtyard, decks, balconies and covered patios, etc. Quiet hours shall be from 9 p.m. to 7 a.m. daily. Boat Club use and activities shall be allowed concurrent with the timeshare use to the extent that surplus parking spaces beyond those required for the timeshare use are available and on-site circulation is not adversely affected. The timeshare management shall not be a vendor of on-site recreational water sport equipment (jet skis, boats, etc.) rentals. Any agreements with other vendors such as at Snug Harbor shall provide for delivery of such equipment to the site via the lagoon to the extent feasible. The timeshare is limited to non-motorized recreational items for guest use such as bicycles, kayaks, fishing rods, etc. Dedicated accesses for the general public to and adjacent to the lagoon are being provided on the property, and shall not be impeded at any time by timeshare management, owners or guests. Prior to any proposed use of the lagoon/water, the developer shall execute a use agreement and obtain any and all necessary permits and licenses, etc., from the City of Carlsbad for said lagoon/water use by entities on the subject property. The use agreement, permits and licenses, and any other applicable requirement for use of the lagoon/water, are subject to amendment by the City from time to time, and are required to be kept valid and in effect for the life of the timeshare project. If the project cannot be successfully marketed as a timeshare project, it shall be converted to a hotel use pursuant to CMC Section 21.42.140(8)(155). The management and maintenance plan submitted by the Developer titled "Management and Maintenance Plan -Resort Site" attached hereto as Exhibit 1, is approved and made a part of the permit for the project. Prior to the issuance of grading permits or final map approval, whichever comes first, Developer shall provide a copy of the complete final Management and Maintenance Plan for the Carlsbad Boat Club and Resort to the satisfaction of the City Planner or designee. PC RESO NO. 7200 -9-Item #4 April 11, 2017 Page 22 of 213 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 25. The maximum number of timeshare units is 20, including a resident manager unit if provided on-site. Lock-off units are prohibited. The maximum time increment for recurrent exclusive use of occupancy of a timeshare unit shall be four months and the minimum time increment shall be no less than seven (7) consecutive days. A note indicating these requirements shall be placed on the final map. Engineering General 26. 27. 28. 29. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. 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 permit issuance and will continue to be available until time of occupancy. Developer shall submit to the city engineer an acceptable instrument, via CC&Rs and/or other recorded document, addressing the maintenance, repair, and replacement of shared private improvements within this subdivision, including but not limited to private utilities, landscaping, water quality treatment measures, low impact development features, storm drain facilities, and pump systems located therein and to. distribute the costs of such maintenance in an equitable manner among the owners of the properties within this subdivision. Developer shall prepare, submit and process for city engineer approval a final map to subdivide this project. There shall be one Final Map recorded for this project. Developer shall pay the city standard map review plan check fees. Fees/ Agreements 30. 31. 32. 33. Grading Developer shall cause property owner to execute and submit to the city engineer for recordation, the city1s standard form Geologic Failure Hold Harmless Agreement. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. Developer shall cause property owner to submit an executed copy to the city engineer for recordation a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement. Prior to approval of a grading permit or any building permits for this project, developer shall cause owner to give written consent to the city engineer for the annexation of the area shown within the boundaries of the Subdivision into the existing City of Carlsbad Street 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 on a form provided by the city engineer. PC RESO NO. 7200 -10-Item #4 April 11, 2017 Page 23 of 213 1 2 3 4 5 6 7 8 9 10 11 12 13 14 34. 35. 36. 37. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports as required by city engineer, post security and pay all applicable grading plan review and permit fees per the city's latest fee schedule. Upon completion of grading, developer shall file an "as-graded" geologic plan with the city engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a contour map which represents both the pre and post site grading. 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. This project requires off site grading. No grading for private improvements shall occur outside the project unless developer obtains, records, and submits a recorded copy, to the city engineer, a temporary grading, construction or slope easement or agreement from the owners of the affected properties. If developer is unable to obtain the temporary grading or slope easement, or agreement, no grading permit will be issued. In that case developer must either apply for and obtain an amendment of this approval or modify the plans so grading will not occur outside the project and apply for and obtain a finding of substantia.1 conformance and/or consistency determination from both the city engineer and city planner. Developer shall ensure that the final design proposing any permanent tie-backs do not go beyond the property line into public right-of-way unless otherwise approved by city engineer. Any structural support system (i.e. tie-backs, shoring, etc.) is required to be shown on the grading plan to the satisfaction of the city engineer. 15 Storm Water Quality 16 17 18 19 20 21 22 23 24 25 26 27 28 38. 39. 40. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. Developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP). The TIER 3 SWPPP shall comply with current requirements and provisions established by the San Diego Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff during construction of the project to the maximum extent practicable. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. This project is subject to 'Priority Development Project' requirements. Developer shall prepare and process a Storm Water Quality Management Plan (SWQMP), subject to city engineer approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP required by this condition shall be reviewed and approved by the city engineer with final grading plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's latest fee schedule. PC RESO NO. 7200 -11-Item #4 April 11, 2017 Page 24 of 213 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 41. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc.) incorporate all source control, site design, pollutant control BMP and applicable hydromodification measures. Dedications/Improvements 42. 43. 44. Developer shall cause owner to dedicate to the city and/or other appropriate entities for the public street & public utility, public access, and public sewer purposes as shown on the Tentative Map. The offer shall be made by a Certificate on the Final Map. All land so offered shall be free and clear of all liens and encumbrances and without cost to the 'city. Streets that are already public are not required to be rededicated. Additional easements may be required at final design to the satisfaction of the city engineer. Developer shall design the private drainage systems, as shown on the Tentative Map to the satisfaction of the city engineer. All private drainage systems (12" diameter storm drain and larger) shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. Developer shall prepare and process public improvement plans and, prior to city engineer approval of said plans, shall execute a city standard Subdivision Improvement Agreement to install and shall post security in accordance with C.M .. C. Section 20.16.070 for public improvements shown on the Tentative Map. Said improvements shall be iostalled to city standards to the satisfaction of the city engineer. These improvements include, but are not limited to: A. B. Frontage improvements along Adams Street including but not limited to curb, gutter, sidewalk, relocation of the power pole, fire hydrant, paving, guardrail, double detector check valve assembly, water meter and water service line. Sewer manhole on existing 24" VCP sewer main and sewer lateral. 17 Developer shall pay the standard improvement plan check and inspection fees. Improvements listed above shall be constructed within 36 months of approval of the subdivision or development 18 improvement agreement or such other time as provided in said agreement. 19 Non-Mapping Notes 20 21 22 23 24 25 26 27 28 45. Add the following notes to the final map as non-mapping data: A. B. C. Developer has executed a city standard Subdivision Improvement Agreement and has posted security in accordance with C.M.C. Section 20.16.070 to install public · improvements shown on the Tentative Map. These improvements include, but are not limited to: i. Frontage improvements along Adams Street including but not limited to curb, gutter, sidewalk, relocation of the power pole, fire hydrant, paving, guardrail, double detector check valve assembly, water meter, and water service line. ii. Sewer manhole on existing 24" sewer main and sewer lateral. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. Geotechnical Caution: PC RESO NO. 7200 -12-Item #4 April 11, 2017 Page 25 of 213 1 2 3 4 5 6 D. 7 8 i. Slopes steeper than two parts horizontal to one part vertical exist within the boundaries of this subdivision. ii. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the drainage system or other improvements identified in the city approved development plans; or by the design, construction or maintenance of the drainage system or other improvements identified in 9 the city approved development plans. 10 Utilities 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 46. 47. 48. 49. 50. 51. 52. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the district engineer. Developer shall design and agree to construct public facilities within public right-of-way or within minimum 20-foot wide easements granted to the district or the City of Carlsbad. At the discretion of the district or city engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. Developer shall install potable water and/or recycled water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public improvement plans. The developer shall. agree to install sewer laterals and clean-outs at locations approved by the city engineer. The locations of sewer laterals shall be reflected on public improvement plans. Developer shall submit sewer calculations prepared by a registered engineer that identifies the peak flows of the project and required pipe sizes. Said calculations shall be submitted concurrently with the improvements plans for the project and the calculations shall be prepared to the satisfaction of the city engineer. Developer shall submit water calculations prepared by a registered engineer that identifies the peak demands of the project and required pipe size. Said calculations shall be submitted concurrently with the improvements plans for the project and the calculations shall be prepared to the satisfaction of the city engineer. Prior to using one potable water meter to serve a multi-ownership building, developer shall apply for and receive approval from the utilities director. Upon application for and good cause shown, the utilities director may allow a single potable water service connection and meter to a multi- ownership building within this Subdivision provided: PC RESO NO. 7200 -13-Item #4 April 11, 2017 Page 26 of 213 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 Fire 53. A. B. Developer shall record a deed restriction or other such document as approved by the public works director and general counsel placing future owners on notice that each and every residential or commercial/office unit is served by a single service connection and meter, and in the event that the water bill is not paid by the party or entity responsible for paying the monthly water service charges to CMWD for the respective building occupied by the multi-ownership, CMWD may at its direction shut off the water service to such multi-ownership building in accordance with CMWD adopted rules and regulations. Developer shall install a private sub-meter for each separately established residence or business within a multi-ownership building having a single potable water service connection and meter. If denied, developer shall revise all design drawings to provide separate potable water meters for each separately owned unit within this Subdivision per district requirements. Prior to issuance of a building permit, developer shall submit a separate plan showing required fire sprinklers and alarm system to the satisfaction of the fire marshal. Code Reminders 54. 55. 56. 57. 58. 59. 60. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. Approval of this request shaH not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the.California Building Code. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and shall require review and approval of the City Planner prior to installation of such signs. This tentative map shall expire two years from the date on which the City Council voted to approve this application. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the Tentative Map are for planning purposes only. PC RESO NO. 7200 -14-Item #4 April 11, 2017 Page 27 of 213 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of 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 APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PC RESO NO. 7200 -15-Item #4 April 11, 2017 Page 28 of 213 1 2 3 4 5 6 7 8 9 10 11 12 13 14 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on February 15, 2017, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JEFF SEGALL, Chairperson CARLSBAD PLANNING COMMISSION ATIEST: DON NEU 15 City Planner 16 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 7200 -16-Item #4 April 11, 2017 Page 29 of 213 Planning Commission Minutes Minutes of: Time of Meeting: Date of Meeting: Place of Meeting: CALL TO ORDER February 15, 2017 PLANNING COMMISSION 6:00 p.m. February 15, 2017 COUNCIL CHAMBER Chairperson Segall called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Commissioner Siekmann led the Pledge of Allegiance. ROLL CALL CORRECTED Page 1 Present: Chairperson Segall, Commissioners Anderson, Black, Goyarts, L'Heureux, Montgomery, and Siekmann Absent: None STAFF PRESENT Don Neu, City Planner Ron Kemp, Assistant City Attorney Farah Nisan, Secretary Teri Delcamp, Principal Planner Scott Donnell, Senior Planner Chris Garcia, Associate Planner Greg Fisher, Associate Planner Austin Silva, Associate Planner Jason Geldert, Engineering Manager David de Cordova, Principal Planner Craig Williams, Transportation Manager Debbie Fountain, Housing and Neighborhood Services Director Mick Calarco, Parks and Recreation Special Projects Manager PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA Robert Wilkinson, Imagine Carlsbad, Suite I, 2911 State Street, shared a handout to the Planning Commission regarding future development in the Village and Barrio Master Plan. PLANNING COMMISSION PUBLIC HEARING Chairperson Segall asked Mr. Neu to introduce the first item and opened the public hearing on Agenda Item 4. 4. CDP 16-30 -VIGILUCCl'S SEAFOOD & STEAKHOUSE REMODEL -Request for a Coastal Development Permit for an interior remodel to relocate the restaurant's kitchen to the rear of the building, relocate an existing dining area to the front of the restaurant with no increase in square footage or in overall seating, and an associated exterior remodel. The site is located at 3878 Carlsbad Boulevard in the Commercial Tourist (C-T) zone, within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 1. The project qualifies as a CEQA Guidelines Section 15301 (a) (Existing Facilities) Class 1 Categorical Exemption. This project is not located within the appealable area of the California Coastal Commission. Mr. Neu stated that the applicant has requested a continuance and staff is recommending that Agenda Item 4 be continued to a date certain of March 15, 2017. Item #4 April 11, 2017 Page 30 of 213 Planning Commission Minutes Februaiy 15, 2017 Page 2 MOTION ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner L'Heureux that the Planning Commission continue Agenda Item 4 to March 15, 2017. VOTE: 7-0 AYES: Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner Goyarts, Commissioner L'Heureux, Commissioner Montgomery and Commissioner Siekmann NOES: None ABSENT: None ABSTAIN: None Chairperson Segall closed the public hearing on Agenda Item 4, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 3. 3. SDP 86-02(E)/CDP 16-44 -FOUR SEASONS RESIDENCE CLUB -Request for a Site Development Plan Amendment and Coastal Development Permit to allow the construction of parking areas and recreation facilities for the existing timeshare development generally located east of Kingfisher Lane in Aviara Planning Area 2b, in Local Facilities Management Zone 19. The project site is located within the Mello I Segment of the city's Coastal Zone, but is not within the appealable area of the California Coastal Commission. The City Planner has determined that the project is subject to the provisions of CEQA; however, the potential environmental effects of the project were adequately analyzed by the previously Certified EIR for the Aviara Master Plan -MP 177/EIR 83-02(A). No additional environmental review is required. Mr. Neu stated Agenda Item 3 would normally be heard in a public hearing context; however, the project appears to be minor and routine in nature with no outstanding issues and staff recommends approval. He recommended that the public hearing be opened and closed, and that the Commission proceed with a vote as a consent item. Staff would be available to respond to questions if the Commission or someone from the public wished to comment on Agenda Item 3. Chairperson Segall asked if any member of the audience wished to address Agenda Item 3. Seeing none, he opened and closed public testimony. MOTION ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Siekmann that the Planning Commission adopt Planning Commission Resolution No. 7227 approving Site Development Plan Amendment No. SOP 86-02(E) and Coastal Development Permit No. CDP 16-44, based on the findings and subject to the conditions contained therein. VOTE: 7-0 AYES: Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner Goyarts, Commissioner L'Heureux, Commissioner Montgomery and Commissioner Siekmann NOES: None ABSENT: None ABSTAIN: None Chairperson Segall closed public hearing on Agenda Item 3, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 1. Item #4 April 11, 2017 Page 31 of 213 Planning Commission Minutes February 15, 2017 Page 3 1. CT 14-11/PUD 16-02/CUP 14-10-CARLSBAD BOAT CLUB & RESORT-Request for a Tentative Tract Map, Nonresidential Planned Unit Development Permit and Conditional Use Permit for the demolition of a restaurant and single family residence and to allow the construction of a twenty (20) unit timeshare condominium project with underground parking on approximately one acre of land located at 4509 Adams Street, on the south side of Adams Street between Highland Drive and Park Drive, within the Agua Hedionda Segment of the Local Coastal Program (LCP) and in Local Facilities Management Zone 1. The City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to state CEQA Guidelines Section 15332 -In-fill Development Projects. The Agua Hedionda LCP Segment is in an area of deferred certification where the City of Carlsbad does not have permit authority to issue Coastal Development permits and thus, the project will need to obtain a Coastal Development Permit issued by the California Coastal Commission. Mr. Neu introduced Agenda Item 1 and stated Principal Planner Teri Delcamp would make the staff presentation. Chairperson Segall asked if any of the Commissioners have ex parte communications to disclose for this item. Commissioner Anderson disclosed that she drove by the property. Commissioner Goyarts stated that he has viewed the property from the water and has also visited the site. Commissioner Siekmann disclosed that she has gone paddle boarding many times, walked and driven by the property. Commissioner L'Heureux disclosed that he lives a quarter mile from the project site, therefore he has walked and driven by the property on Adams Street weekly for the last thirty years. Commissioner L'Heureux stated that he has viewed the site from the ground as well as on Google Earth, read an article from the Coast News dated February 10, 2017 regarding the project and has previously represented the applicant's consultant's father-in-law. Assistant City Attorney Ron Kemp stated that the city prepares conflict maps for each Commissioner to see if they reside within the 600 foot boundary and Commissioner L'Heureux is well outside the 600 foot boundary, and therefore is not conflicted for that reason. Commissioner Montgomery disclosed that he is very familiar with the site, has walked around and visited the restaurant. Chairperson Segall disclosed that he has been on the water side of the site and has also used Google. Ms. Delcamp gave a brief presentation and stated she would be available to answer any questions. Chairperson Segall asked if there were any questions of staff. Commissioner Anderson asked if the clubhouse is non-conforming. Ms. Delcamp stated that the recreational building has had an existing use since the 1950s. Commissioner Anderson asked if it cannot be expanded, but can be remodeled. Ms. Delcamp replied stating that as part of the proposal for a use that is allowed within the zone, there could be opportunities to make modifications to that as part of the project. The applicant has selected not to expand given its location in close proximity to the lagoon. Commissioner Anderson asked what would happen to the building if the water level rose and made the building unusable. Mr. Neu stated that if the building had damage and needed to be rebuilt, it would then need to comply with the development standards. Chairperson Segall asked if there were any further questions of staff. Seeing none, he asked if the applicant wished to make a presentation. Item #4 April 11, 2017 Page 32 of 213 Planning Commission Minutes February 15, 2017 Page4 Bill Hofman, Hofman Planning & Engineering, 3150 Lionshead, assisted by James Courtney, 1861 South View Drive, made a presentation. Chairperson Segall asked if there were questions of the applicant. Commissioner Siekmann inquired about the operation of the paddle boarding available to the public. Mr. Courtney stated that there is currently a tenant that provides paddle boarding, yoga classes and various lessons. Commissioner Black asked if the existing landscaping will remain or be removed and replaced. Mr. Hofman stated that some will be replaced because of the street improvement requirement and some landscaping will be added. Commissioner Black inquired about onsite management. Mr. Hofman stated that there will be a person available for 24 hours in one of the units devoted to managing the property. Commissioner Goyarts asked if the applicant has considered a small bed and breakfast with potentially a cafe on the water with public access. Mr. Hofman stated yes. Commissioner L'Heureux asked where the traffic count was taken on Adams Street. Mr. Courtney stated Highland Drive and Park Drive. Commissioner L'Heureux asked if the boat club is a separate business from the timeshare or if the timeshare and the boat club will be one unit as far as ownership and management. Mr. Hofman stated that it will be as one entity. Commissioner L'Heureux inquired about trash pickup. Mr. Hofman stated that the garbage trucks go all the way down the hill for pickup. Commissioner L'Heureux asked where employees will park. Mr. Hofman stated that since there will be six additional parking spaces, there will be available onsite parking for most of the year, and a management employee will have a designated parking space. Mike Pfankuck, 1250 Magnolia Avenue, clarified that the intent of this project is to bring tourist attraction to Carlsbad, have boats and paddle boards provided. Commissioner Anderson asked if jet skis will be on the property. Mr. Pfankuck stated no. Commissioner Montgomery asked what would make this project different from the first submittal besides the reduction in units if the building is the same size. Mr. Hofman replied stating that a 20 % reduction of total units from 25 to 20, traffic decrease from 240 to 200 Average Daily Trips (ADT), a profile step back of the building with increase of patio decks, and an approximate 2,000 square footage reduction of the floor area. Commissioner Siekmann asked if there will be bathroom facilities available for public use. Mr. Hofman stated that there will be public restrooms in the boat house. Commissioner Siekmann asked if any person who might want to take their private paddle board to the water could walk down to the water from the property. Mr. Hofman stated no, the project site is private property. He stated that the California Coastal Commission (CCC) will try and make a public easement coming from the street to the water. Chairperson Segall asked if Mr. Hofman would be okay with adding a condition to the operation standards to remove live amplified music. Mr. Hofman stated yes. Chairperson Segall asked if the project cannot be successfully marketed as a timeshare, is it required to be converted into a hotel. Mr. Neu stated that since it is a requirement of the Carlsbad Municipal Code, in the event of a timeshare that is not successful, the hotel would be the fallback use. Commissioner Black asked what would preclude a timeshare owner of the week to only have three or four days that they own to come for something less than seven days. Mr. Hofman stated that the unit would have to stay vacant the days they are not occupied. Commissioner L'Heureux inquired about the relocation of the power pole. Mr. Geldert stated that the power pole will be relocated to allow for the sidewalk. Chairperson Segall asked if there were any further questions for the applicant. Seeing none, he asked if any members of the audience wished to address Agenda Item 1. Chairperson Segall opened public testimony. Item #4 April 11, 2017 Page 33 of 213 Planning Commission Minutes February 15, 2017 Page 5 Julie Hamilton, 4112 Adams Avenue, San Diego, assisted by Tommy Dean, 4517 Adams Street, Carlsbad, and Jim Strickland, 4747 Marina Drive made a presentation in opposition to the project due to consistency, pedestrian access, compatibility, safety, traffic, density and parking. The following speakers ceded their time to Ms. Hamilton, Mr. Dean and Mr. Strickland; Scott Engel, 4220 Isle Drive, Fred Jamsson, 4519 Cove Drive, Amber Depace, 2965 Carlsbad Boulevard and Kevin Bender, 4070 Adams Street. Sam Ross, Visit Carlsbad, 5106 Lynch Court, stated that he supports the project. RECESS Chairperson Segall called for a 10-minute recess at 8:02 p.m. MEETING CALLED TO ORDER Chairperson Segall called the meeting to order at 8:14 p.m. with all Commissioners present. Mr. Neu stated that staff is recommending that Agenda Items 5 and 6 be continued to a date certain of March 15, 2017 due to time constraints. 5. RP 16-12/CDP 16-28 -ARMY & NAVY ACADEMY STUDENT ENRICHMENT CENTER -Request for a recommendation of approval of a Major Review Permit and Coastal Development Permit to allow for the construction of a two-story 4,714 square foot building for student meeting and exhibition space at the south end of the athletic complex at 2800 Carlsbad Boulevard in District 9 of the Village Review Zone, the Village Segment of the Local Coastal Program, and within Local Facilities Management Zone 1. The City Planner has determined that this project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15332 (In-Fill Development Projects) of the State CEQA Guidelines. 6. CT 16-02/RP 16-08 -OCEAN -Request for a recommendation of approval of a Tentative Tract Map and Major Review Perrnit to demolish an existing office building for the construction of 17 multi-family residential air space condominium units on a 0.487-acre project site located at 2501 State Street within District 4 -Residential Support Area of the Village Review (VR) Zone and Local Facilities Management Zone 1. The City Planner has determined that this project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to section 15332 (In-fill Development Projects) of the State CEQA guidelines. MOTION ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner L'Heureux that the Planning Commission continue Agenda Item 5 to a date certain of March 15, 2017. VOTE: 7-0 AYES: Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner Goyarts, Commissioner L'Heureux, Commissioner Montgomery and Commissioner Siekmann NOES: None ABSENT: None ABSTAIN: None Item #4 April 11, 2017 Page 34 of 213 Planning Commission Minutes February 15, 2017 Page6 ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner L'Heureux that the Planning Commission continue Agenda Item 6 to a date certain of March 15, 2017. VOTE: 7-0 AYES: Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner Goyarts, Commissioner L'Heureux, Commissioner Montgomery and Commissioner Siekmann NOES: None ABSENT: None ABSTAIN: None Chairperson Segall closed the public hearing on Agenda Items 5 and 6. The following speakers spoke in opposition of the project due to traffic, density, parking, noise, compatibility and pollution from powerboats: Allen Sweet, 4444 Highland Drive Brian Connor, 4815 Windjammer Way Sarah Huber, Flat 29, St. Andrews Mansions, 4 Dorset Street, London W1 U 4EQ David Turner, 2553 Cove Drive Gary Algier, Suite 20, 4513 Cove Drive Kalen Morris, Suite 15, 4513 Cove Drive ldora Lee Roelofs, Suite A, 4533 Cove Drive The following speakers spoke in favor in the project: Alan Wannamaker, 2399 Jefferson Street Janna Streelman, 3502 Santa Clara Way Arnie Cohen, 2853 Cazadero Drive Melanie Burkholder, 4040 Sunnyhill Drive Susan Toft, 7000 Ballena Way Chairperson Segall asked if there were any other members of the audience who wished to speak on the item. Seeing none, he asked if the applicant could respond to the issues raised and closed public testimony. Chairperson Segall asked if there were any questions of staff. Commissioner Montgomery asked why a Hillside Development Permit (HOP) is not required for the project. Ms. Delcamp stated that the determination was made when the previous project was processed and proposed because the site is already developed. Commissioner Montgomery asked if the project would be restricted to a right turn only onto Adams Street. Engineering Manager Jason Geldert stated that it would not be necessary as some improvements will be made to enhance visibility to make a safe turn. Commissioner L'Heureux inquired about the number of dump truck trips traveling during construction. Mr. Geldert clarified that there will be 8 dump trucks transporting soil, and depending on the distance, it may take up to 760 loads. Commissioner Anderson asked what is happening to the runoff. Mr. Geldert stated that the project is subject to stricter requirements that meet the priority project thresholds for water quality. He stated that there are two basins located below biofiltration areas. Commissioner Black asked what kind of precautions a contractor would take to prevent dirt runoff during construction. Mr. Geldert stated that the Stormwater Pollution Prevention Plan (SWPPP) is implemented and Best Management Practices (BMP) will be taken into account during construction. Item #4 April 11, 2017 Page 35 of 213 Planning Commission Minutes February 15, 2017 Page? DISCUSSION Commissioner Siekmann suggested that four additional amendments be added to the resolution such as no amplified music on the roof decks, limit the number of boats provided onsite for the users to two, not allow any of the timeshare owners or their guests to bring motorized boats to the property and to limit the public parking use of the facility to six trailers with proper reservations. MOTION A motion was made by Commissioner Montgomery, which was seconded by Commissioner Siekmann, to add no amplified music on the roof decks to condition number 22 A. The Commission voted 7-0. A motion was made by Commissioner Montgomery, which was seconded by Commissioner Siekmann, to provide a public access easement on the eastern side of the building from Adams Street to the lagoon, or at another location as approved by the CCC. The Commission voted 7-0. A motion was made by Commissioner Montgomery, which was seconded by Commissioner Siekmann, to limit the number of boats provided to the timeshare owners to two and to not allow any guest boats. The Commission voted 2-5 (Chairperson Segall, Commissioners Anderson, Black, Goyarts and Montgomery). A motion was made by Commissioner Montgomery, which was seconded by Commissioner Siekmann, to limit public boats to six trailers on a reservation basis. The Commission voted 6-1 (Commissioner Montgomery). Commissioner Montgomery commented that he stands behind private property rights and the ability of the property owners to develop property. He stated that there are possible impacts from the project such as traffic, impacts to the lagoon, to the citizenry that live around the site and he does not believe that those particular impacts are of a significant nature that would make him rule against the project on those issues. Commissioner Montgomery stated that the project meets all the development standards, although it comes down to intensity and compatibility. He stated that he cannot make a finding against the project and he cannot support the project based on compatibility and intensity. Commissioner Siekmann stated that she feels differently than Commissioner Montgomery and added that the property owner has made changes in order to make the project more compatible with the neighborhood. She stated that she can support the project. Commissioner Goyarts stated that the project is too intense and is not compatible with the surrounding neighborhood. He believes, if the project is visitor serving, a small six-to-ten bedroom bed and breakfast would be more appropriate for the site. Commissioner Anderson stated that she cannot find the project as necessary and desirable or compatible and in harmony with the neighborhood. Commissioner Black stated that he is concerned with the boats pulling on the opposite side of the road to try to pull into the driveway. He stated that he is in favor of what the applicants have done to mitigate the concerns that existed back in 2008. Commissioner Black stated that he is happy to hear that the landscaping in the front of the project is going to either remain or be replaced with something similar which will block the view of the roof. He stated that the neighborhood is diversified and the CCC would like to keep it that way, therefore he would rather see this project constructed than a hotel that would attract more traffic. Commissioner Black can support the project. Commissioner L'Heureux thanked staff and the applicant that have invested endless hours on the project. He concurs with Commissioner Montgomery and stated that one of his biggest problems is the way Adams Street is physically constructed in that area. He stated that there are many pedestrians, bicyclists, and people that are using it today and is apprehensive in adding more traffic on Adams Street. Commissioner L'Heureux stated that Adams Street is not designed for higher intensity use and he cannot support the project. Item #4 April 11, 2017 Page 36 of 213 Planning Commission Minutes February 15, 2017 Page 8 Chairperson Segall stated that he supports land owner use however, he thinks it needs to be compatible. He added that the timeshare use is not compatible in a residential neighborhood because of the transient nature of timeshare. Chairperson Segall stated that he thinks Adams Street is not a well thought out street for this type of intensity. He concluded that he cannot support the project. MOTION ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Siekmann that the Planning Commission adopt Planning Commission Resolution No. 7200 recommending approval of Tentative Tract Map CT 14-11, Non-Residential Planned Unit Development Permit PUD 16-02 and Conditional Use Permit CUP 14- 10, based upon the findings and subject to the conditions contained therein including the amendments and the errata sheet. VOTE: 2-5 AYES: Commissioner Black and Commissioner Siekmann NOES: Chairperson Segall, Commissioner Anderson, Commissioner Goyarts, Commissioner L'Heureux and Commissioner Montgomery ABSENT: None ABSTAIN: None ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Goyarts that the Planning Commission deny Planning Commission Resolution No. 7200 recommending denial of Tentative Tract Map CT 14-11, Non-Residential Planned Unit Development Permit PUD 16-02 and Conditional Use Permit CUP 14-10 based on the discussion of the Commission and the individual rational provided. VOTE: 5-2 AYES: Chairperson Segall, Commissioner Anderson, Commissioner Goyarts, Commissioner L'Heureux and Commissioner Montgomery NOES: Commissioner Black and Commissioner Siekmann ABSENT: None ABSTAIN: None Chairperson Segall closed the public hearing on Agenda Item 1, asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 2. MOTION A motion was made by Commissioner Siekmann, which was seconded by Commissioner L'Heureux to extend the meeting until 11 :00 p.m. The Commission voted 6-1 (Commissioner Anderson) to extend the meeting. 2. GPA 16-02 -2017 HOUSING ELEMENT UPDATE -Request for a recommendation of approval of a General Plan Amendment to revise the General Plan Housing Element. As an element of the General Plan, the Housing Element is a policy document applicable city- wide. The project is within the scope of the prior environmental documents certified and adopted in September 2015 for the Comprehensive General Plan Update, and no further environmental documentation is required per CEQA Guidelines Section 15162. Mr. Neu introduced Agenda Item 2 and stated Senior Planner Scott Donnell would make the staff presentation. Mr. Donnell gave a brief presentation and stated he would be available to answer any questions. Item #4 April 11, 2017 Page 37 of 213 CORRECTED Planning Commission Minutes February 15, 2017 Page 9 Commissioner Goyarts asked if the city has a forecast and a contingency plan to the City Council that states by February of 2027, the city has reached the maximum number of dwelling units permitted by Growth Management and expect to stop receiving funding leading to have enough tax revenue to cover the city's needs. Mr. Neu replied stating that the process of the assignment of the Regional Housing Need Allocation (RHNA) number is a negotiated effort at SANDAG. A number is given to the region and SANDAG and the member cities negotiate a formula for the allocation of the RHNA. He stated that the Carlsbad requirement may shrink in size, but as the region gets an assigned number with the same constrains, it will get allocated. Commissioner Black asked if it would be possible for the Excess Dwelling Units (EDU) bank to run out given that the developers may not want to fund it in place of the actual units. Housing and Neighborhood Service Director Debbie Fountain replied stating that the EDU bank is a numbers game, if a developer develops less, then they are entitled to that there would not be any pull from the EDU bank, only if it were granted additional density. Chairperson Segall asked if any member of the audience wished to address Agenda Item 2 and opened public testimony. Mario Monroy, 2955 Ocean Street, stated that it is illegal to try to control how many people live in the city and shared his concerns with affordable housing. Socorro Anderson, Vice President of Friends of La Posada, 3420 Don Juan, stated her concerns with the difficulty in finding affordable housing. Margie Monroy, 2955 Ocean Street, stated her concerns with affordable housing available to residents. Chairperson Segall asked if there were any other members of the audience who wished to speak on the item. Seeing none, he closed public testimony. MOTION ACTION: VOTE: AYES: NOES: ABSENT: Motion by Commissioner Montgomery and duly seconded by Commissioner Black that the Planning Commission adopt Planning Commission Resolution No. 7228 recommending approval of General Plan Amendment GPA 16-02 to the City Council based on the findings contained therein. · 7-0 Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner Goyarts, Commissioner L'Heureux, Commissioner Montgomery and Commissioner Siekmann None None ABSTAIN: None Chairperson Segall closed the public hearing on Agenda Item 2. COMMISSION COMMENTS Commissioner L'Heureux commented that the Commissioners who will be attending the 2017 Planning Commissioners Academy conference should organize and carpool to Los Angeles. CITY PLANNER COMMENTS Mr. Neu stated that there will be an informational presentation held at the Shulman Auditorium at the Dove Library on the Road to Carlsbad Past and Future regarding the Highway 101 historic corridor from 4:00 p.m. to 5:30 p.m. on February 16, 2017. Item #4 April 11, 2017 Page 38 of 213 Planning Commission Minutes CITY ATTORNEY COMMENTS None. ADJOURNMENT February 15, 2017 Page 10 By proper motion, the Regular Meeting of the Planning Commission of February 15, 2017 was adjourned at 10:50 p.m. i~ DON NEU City Planner Farah Nisan Minutes Clerk Item #4 April 11, 2017 Page 39 of 213 ATIACHMENT2 The City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION Item No. 8 Application complete date: June 24, 2016 P.C. AGENDA OF: September 21, 2016 Project Planner: Greg Fisher/Teri Delcamp Project Engineer: Kyrenne Chua SUBJECT: CT 14-11/PUD 16-02/CUP 14-10 -CARLSBAD BOAT CLUB & RESORT -Request for a Tentative Tract Map, Nonresidential Planned Unit Development Permit and Conditional Use Permit for the demolition of a restaurant and single family residence and to allow the construction of a twenty (20) unit timeshare condominium project with underground parking on approximately one acre of land located at 4509 Adams Street, on the south side of Adams Street between Highland Drive and Park Drive, within the Agua Hedionda Segment of the Local Coastal Program (LCP) and in Local Facilities Management Zone 1. The City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to state CEQA Guidelines Section 15332 -In-fill Development Projects. The Agua Hedionda LCP Segment is in an area of deferred certification where the City of Carlsbad does not have permit authority to issue Coastal Development permits and thus, the project will need to obtain a Coastal Development Permit issued by the California Coastal Commission. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7200 RECOMMENDING APPROVAL of Tentative Tract Map (CT) 14-11, Non-Residential Planned Unit Development Permit (PUD) 16-02 and Conditional Use Permit (CUP) 14-10, based upon the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND The project consists of demolishing the existing restaurant and single family residence at the "Boat Club" facility and constructing a new 20-unit timeshare condominium project along the north shore of the Agua Hedionda Lagoon. A prior request for a 25-unit timeshare condominium project with remodels of the boat launch and recreation building was denied in 2008 (CT 06-16/CUP 06-16/SUP 07-05/V 07-04). That project initially included 26 timeshare units and significantly greater square footage than the current project. The Planning Commission had continued the prior project's public hearing to allow the applicant to address concerns raised by the Commission and several neighbors relating to compatibility with the adjacent single family uses based on the massing, scale, and intensity of the project, suggesting that the number of units should be reduced to about 19 with some associated reduction in building square footage and coverage. The prior project was revised to provide minor design modifications and was reduced to 25 units, but the Planning Commission was still unable to make the necessary findings for approval. The Planning Commission recommended denial of the CUP, and denied the other entitlements. The City Item #4 April 11, 2017 Page 40 of 213 CT 14-11/PUD 16-02/CUP 14-10-CARLSBAD BOAT CLUB & RESORT September 21, 2016 Pa e 2 Council concurred and denied the CUP, along with the other entitlements on appeal. The purpose of this staff report is not to compare the current project with the prior project, although some comparisons are noted where appropriate, but to address the current project's consistency with the development regulations for the site and the proposed use. Staff's position is that the current proposed project meets the necessary findings, and is recommending approval. A public notice was mailed to property owners within 600 feet of the project site on September 6, 2016. Prior to and after the notice date, staff received several letters and emails in opposition to the project. The correspondence is an attachment to the staff report. The new timeshare building is three stories over an underground parking garage. Access is via a concrete driveway off Adams Street, which will circulate down on the westerly side of the property to the garage level. The garage level is at the eight foot elevation, or eight feet above mean sea level. The parking garage provides 30 parking spaces plus two boat storage spaces. Two visitor parking spaces are provided outside the parking garage, adjacent to the existing boat ramp. Above the garage is the first floor with an office, seven timeshare units and most of the required storage areas for the timeshare units. In the center of the first floor is a courtyard, roughly 30 feet by 45 feet, which is open to the sky above. The second floor provides seven timeshare units and the remaining required storage areas. The third floor contains six timeshare units and a balcony between two of the units that is roughly 25 feet by 35 feet. The project provides a balanced mix of studio, one, two and three bedroom units. The roof plan is primarily flat, with a compact mechanical equipment area in roof screens to obscure views and noise of the equipment. No roof deck amenities are provided or proposed. The building has sloped 4:12 barrel tile roof parapet elements which wrap around most of the building. The project does not propose any changes to the existing recreation building or the existing boat launch ramp, other than addressing stormwater quality treatment requirements. Trash enclosures will be located at the garage level. Two stairwells and an elevator provide vertical access from the parking garage to the third floor, and do not extend to the roof. An at-grade exterior stairway is located on the east side of the property from Adams Street to the bottom of the property. As part of the citywide trail plan, a pedestrian trail parallel to the lagoon is proposed above the high tide line, traversing the site across the lower portion of the property. The existing private boat club's launch/ramp facility and boathouse building were originally approved by the City Council in 1955 (Ordinance 9043). The restaurant that is to be demolished has operated as part of the boat club sporadically under a variety of different restaurant names over the years, including Peanuts, The Restaurant, La Mason Du Lac, Chez Milene, and Jose's Baja Grill. The Boat Club, which provides the boat launch facility for members, has been in continuous operation. As early as 1956, the subject site and four other surrounding properties were General Plan Land Use designated as Recreational Commercial (RC, later redefined as Travel Recreation/Commercial (TR) and recently redefined as Visitor Commercial (VC)), and were zoned as Residential Tourist (R-T). The other four sites (one to the east, and three on the north side of Adams Street) have since had their General Plan Land Use and Zoning designations changed to Residential (R-4 and R-1-15,000, respectively). The private boat club facility operated from the 1950s until the early 1990s without neighbors. Residential construction began to fill in around the site from about 1991 through the 2000s. The Carlsbad Boat Club site is the last remaining parcel with a VC Land Use designation and R-T Zoning in the immediate area. Table 1 below includes the General Plan designations, zoning and current land uses of the project site and surrounding properties. Item #4 April 11, 2017 Page 41 of 213 CT 14-11/PUD 16-02/CUP 14-10-CARLSBAD BOAT CLUB & RESORT September 21, 2016 Pa e 3 TABLE 1 Location General Plan Designation Zoning Visitor Commercial (VC) Residential Tourist (R-T) Site North Residential (R-4) Single Family Residential (R-1-15,000) South Open Space (OS) OS East R-4 R-1-15,000 West R-4 R-1-15,000 Current Land Use Boat dock/launch and recreation building, single family home, former restaurant Single family homes Agua Hedionda Lagoon Single family home Single family home The CUP for a timeshare development requires City Council approval. Per Carlsbad Municipal Code (CMC) Section 21.54.040(()(3), because the CUP requires City Council action, the CT and PUD also require a recommendation from the Planning Commission to the City Council as the final decision-maker. Ill. ANALYSIS The proposed project is subject to the following regulations: A. Visitor Commercial (VC) General Plan Land Use designation; B. Subdivision Ordinance (Title 20 of the CMC); C. Residential Tourist Zone (R-T) (Chapter 21.20 of the CMC); D. Nonresidential Planned Development Ordinance (Chapter 21.47 of the CMC); E. Conditional Use Permit (Section 21.42.140(8)(155) of the CMC); F. Local Coastal Program Agua Hedionda Segment; G. Hillside Development Ordinance (Chapter 21.95 of the CMC); and H. Growth Management -Local Facilities Management Plan (LFMP) Zone 1. The recommendation for approval of this project was developed by analyzing the project's consistency with the applicable regulations and policies. The project's compliance with each of the above regulations is discussed in detail in the sections below. A. General Plan -Visitor Commercial (VC) The project is consistent with the applicable policies and programs of the General Plan. The VC land use designates areas for commercial uses that serve the travel, retail, shopping, entertainment, and recreation needs of visitors, tourists, and residents. Particularly relevant to the timeshare project are the Land Use, Mobility, Noise, and Public Safety elements of the General Plan. Table 2 below indicates how the development of the site under a VC land use designation complies with the elements of the General Plan. Item #4 April 11, 2017 Page 42 of 213 CT 14-11/PUD 16-02/CUP 14-10 -CARLSBAD BOAT CLUB & RESORT September 21, 2016 Pa e 4 TABLE 2: GENERAL PLAN COMPLIANCE ELEMENT USE CLASSIFICATION, GOAL, PROPOSED USES AND OBJECTIVE, OR PROGRAM IMPROVEMENTS Land Use 2-G.3 The proposed 20-unit timeshare is Promote infill development that on the only remaining VC designated makes efficient use of limited land site in the immediate vicinity. The supply, while ensuring compatibility floor levels step back from the and integration with existing uses. lagoon, with underground parking Ensure that infill properties develop and portions of floor levels below with uses and development grade. The height of the building intensities supporting a cohesive will not exceed the height of the development pattern. centerline of Adams Street. No variances to development standards are proposed. Land Use 2-G.5 The site is not residentially zoned, Protect the neighborhood but is surrounded by residentially atmosphere and identity of existing zoned properties on the east, west residentia I areas. and north. The site has been an existing commercial/boat club use since the 1950s, and the proposed timeshare use is less intensive in terms of average daily traffic {ADT) than the historical use of the site. The size, scale and height of the proposed timeshare is designed to be below Adams Street so as not to negatively affect the neighborhood atmosphere of the surrounding residential area. 2-G.10 The proposed 20-unit timeshare Promote continued growth of visitor-development at the existing boat oriented land uses, and provide launching facility will serve visitor enhanced opportunities for new travel and recreational needs hotels and visitor services in adjacent to Agua Hedionda Lagoon. desirable locations. 2-P.23 The project site is on the north Sites designated for "Visitor shore of Agua Hedionda Lagoon, on Commercial" uses should generally the site of an existing private boat be located near major transportation club with a boat ramp facility. The corridors and proximate to key project is in close proximity to water tourist/visitor draws such as lagoons activity rental facilities at Snug and recreation venues. Harbor located on the lagoon west of the timeshare. COMPLY Yes Yes Yes Yes Item #4 April 11, 2017 Page 43 of 213 CT 14-11/PUD 16-02/CUP 14-10-CARLSBAD BOAT CLUB & RESORT September 21, 2016 Pa e 5 TABLE 2: GENERAL PLAN COMPLIANCE CONTINUED ELEMENT USE CLASSIFICATION, GOAL, PROPOSED USES AND OBJECTIVE, OR PROGRAM IMPROVEMENTS Land Use 2-P.24(d) and 2-P.41 The height of the proposed Build and operate commercial uses in timeshare project does not exceed such a way as to complement but not the centerline height of Adams conflict with adjoining residential Street and the structure is partially areas. Ensure building mass does not below grade and stepped down adversely impact surrounding toward the lagoon so the mass will residences. Ensure that the review of not adversely impact surrounding future projects places a high priority residences. on the compatibility of adjacent land uses along the interface of different residential density and non- residential intensity categories. Mobility 3-P.5 The project would be conditioned to Require developers to construct or provide street improvements to pay their fair share toward Adams Street. Adams Street is improvements for all travel modes adequate for the traffic generated consistent with the Mobility Element, by the use. The proposed timeshare the Growth Management Plan, and use is roughly half the traffic specific impacts associated with their generation of the historical development. restaurant/boat club uses. Noise 5-P.5 The project site is not impacted by As part of development project noise, but as a VC designated site, it approval, require that noise has the potential to generate noise. generated by a project does not The site has been historically used as exceed standards established in Table a private boat club facility and 5-3 of the General Plan. restaurant; traffic generation was higher with the historical uses than currently proposed. The conditions requiring compliance with the standards of Table 5-3 and annual monitoring of CUP compliance will ensure the project does not exceed Allowable Noise Exposure levels for adjacent residences and that noise impacts are adequately addressed. Public 6-P.15 The geotechnical report prepared Safety In accordance with the California for the project, as conditioned, Subdivision Map Act, deny indicates that the site is suitable for subdivision maps if a project site is the type and density of not physically suitable for either the development and will not result in type or density of a proposed geologic, seismic or other hazards. development because of geologic, The proposed building is well seismic, or other hazards. outside the 100-year flood buffer. COMPLY Yes Yes Yes Yes Item #4 April 11, 2017 Page 44 of 213 CT 14-11/PUD 16-02/CUP 14-10 -CARLSBAD BOAT CLUB & RESORT September 21, 2016 Pa e 6 B. Subdivision Ordinance (Title 20 of the CMC) The project proposes an airspace subdivision of 20 timeshare units. Chapter 20.16, Subdivision Ordinance, of the Carlsbad Municipal Code (CMC) addresses the requirements of a major subdivision (or tentative tract map for a subdivision creating more than four parcels). These requirements deal mostly with providing the drainage, sewerage, and circulation dedications and improvements needed to serve the subdivision. The proposed timeshare subdivision will provide all necessary facilities prior to, or concurrent with, construction. The preliminary hydrology report submitted by the applicant indicates that all runoff can be controlled on-site with no overall increase. The on-site sewer system would be connected to the existing system which traverses the site. The water system would involve provision of looped service from the existing lines in Adams Street. Street improvements consisting of curb, gutter and sidewalk will be made along the frontage on Adams Street. No variances are needed to approve the project. Based on the analysis in this staff report, the proposed subdivision of airspace for 20 timeshare units meets the required findings of the Subdivision Map Act and CMC Section 20.12.19. C. Zoning -Residential Tourist (R-T) (Chapter 21.20 of the CMC) The Residential Tourist (R-T) Zone (CMC Chapter 21.20) implements the Visitor Commercial (VC) General Plan Land Use designation. The R-T Zone only permits dwellings and large and small family day care homes by right. A variety of conditional uses, which are commercial and recreational in nature including timeshares, are allowed by approval of a Conditional Use Permit (CUP). The project complies with the development standards of the R-T Zone as shown in Table 3 below. TABLE 3: RESIDENTIAL TOURIST COMPLIANCE Standard Required/ Allowed Proposed/Provided Comply Building Height Not to exceed 35 feet 35 feet Yes Setbacks -Buildings Front: 20 feet Front: 43' -6" Yes Street side: N/A Street side: N/A Interior side: Interior side: 5 foot minimum one side 10'-6" to building, 6 feet to balconies on east side 10 foot minimum on 25' -4" on west side other side Rear: 20 feet Rear: 80 feet minimum Setbacks -Driveways Front: 20 feet Front: 26 feet Yes and Parking Street side: N/A Street side: N/A Interior side: 5 feet Interior side: 5' -4" Rear: 20 feet Rear: 57 feet minimum Lot Area 7,500 square feet minimum 1.02 Ac (44,431 sq. ft.) existing Yes Lot Width 60 foot minimum 133 feet existing Yes Lot Coverage 75% maximum 43%* Yes Parking 1.2 parking spaces per unit 30 spaces, plus 2 boat parking Yes required, or 24 spaces in underground garage, and 2 visitor spaces in parking lot *19,066 square feet (includes subterranean parking level, covered trash enclosure, existing recreation building, and three above grade deck areas. Item #4 April 11, 2017 Page 45 of 213 CT 14-11/PUD 16-02/CUP 14-10-CARLSBAD BOAT CLUB & RESORT September 21, 2016 Pa e 7 D. Nonresidential Planned Development Ordinance (Chapter 21.47 of the CMC) The project is subject to the Nonresidential Planned Development (PUD) Ordinance (Chapter 21.47 ofthe CMC). The intent of Chapter 21.47 is in part to provide a method for approval of separate ownership of units within multiple-unit buildings. In this case, a Nonresidential PUD is required for the airspace subdivision of 20 timeshare units identified on the proposed subdivision map. The allowable uses and required development standards for a Nonresidential PUD are those of the underlying zone as well as the Subdivision Ordinance. As indicated in the previous two sections, the project meets all requirements of the R-T Zone and the Subdivision Ordinance. E. Conditional Use Permit (Section 21.42.140(B)(155) of the CMC); The purpose of a Conditional Use Permit (CUP) is to allow special consideration for certain uses to be located in zones because of their particular characteristics. Such uses may only be suitable in specific locations or if designed in a particular manner on a site, or may require specific conditions to ensure compatibility within the zone and with their surroundings. Timeshare developments are conditionally allowed uses within the Residential Tourist (R-T) Zone per Section 21.20.010 of the CMC. The project is subject to the findings in CMC Section 21.42.030 for timeshare projects as a conditional use per CMC Section 21.42.140(8)(155). In accordance with Section 21.42.140(B)(155)(d), because the timeshare project is located within a nonresidential zone, a condition requires it to be converted to a hotel use if the project cannot be successfully marketed as a timeshare project. Another conditions addresses Section 21.42.140(B)(155)(e), which requires timeshare project applications to include a management and maintenance plan that describes proposed methods to guarantee the future adequacy, stability and continuity of a satisfactory level of management and maintenance for the project. The proposed conditions of approval also note the requirement of Section 21.42.140(B)(155)(f) that the maximum time increment for recurrent exclusive use of occupancy of a timeshare unit is four months. Timeshare projects are considered by the Planning Commission, with a recommendation being forwarded to the City Council which is the final decision-making body. The proposed timeshare use is on a Visitor Commercial, Residential Tourist designated site surrounded by single family zoned properties developed with homes. The proposed design, scale, massing and intensity of the timeshare is compatible with the surrounding neighborhood based on the following findings: 1. That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan. The use is consistent with the General Plan vision for the Visitor Commercial (VC) Land Use designation of the site. As such, the use is considered desirable for the development of the community as it will provide tourist serving units and support the economic viability of the city through visitors patronizing local establishments. The visitor serving use and preservation of the private boat club and boat launching facility furthers the goals of the city's Local Coastal Plan as discussed below. Lateral coastal access is required to be provided by projects along the Agua Hedionda Lagoon and is proposed by this project. A condition requires dedication of vertical public access (street to shore) if and where required by the Coastal Commission {stairs on the east or via the driveway on the west side of the project). The project site is not within the boundary of a Specific or Master Plan. Item #4 April 11, 2017 Page 46 of 213 CT 14-11/PUD 16-02/CUP 14-10 -CARLSBAD BOAT CLUB & RESORT September 21, 2016 Pa e 8 The General Plan Land Use and Community Design Element requires projects to be found compatible with adjacent land uses. The design of the proposed timeshare project is compatible with the surrounding neighborhood at the scale and intensity proposed. The previously denied project consisted of 26 timeshare units within a 40,500 square foot building on a 12,000 square foot above- grade building footprint. The timeshare project now proposes 20 timeshare units within a 26,288 square foot building on an 11,360 square foot above-grade building footprint. The surrounding area has been developed with single family homes. However, the zoning for this one acre project site is Residential Tourist (R-T), and could allow from 15 up to a maximum of 30 dwelling units per acre as a secondary use in the VC Land Use designation per Table 2-3, Density and Intensity Standards, of the General Plan Land Use Element. The project meets the required development standards for the zone without any variances, includes underground parking and has been designed to step down toward the lagoon so as to reduce its scale and massing. The timeshare use will generate 200 Average Daily Trips (ADT). The restaurant has been closed during the time that the applicant has been processing applications to try to obtain approval of a timeshare project, so 200 ADT is higher than the ADT generated from the site in recent years. However, the 200 ADT is roughly half the ADT that was generated by the historical use of the site as a restaurant and boat launching facility. The proposed conditions to be applied to the project help ensure compatibility of the use with the neighborhood, and annual monitoring of the CUP allows for any issues regarding compliance to be addressed. 2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located. The 20-unit timeshare project will not be detrimental to the existing boat club and boat launching facility, which is the only existing use on the same site and zone in which the timeshare use is proposed. In past years, four other parcels adjacent to the project site were also zoned for Residential Tourist uses. Over time as the surrounding area began to be developed, those other similarly zoned sites were developed with homes and their Land Use and Zoning designations were changed to residential. The project site is now the only remaining Residential Tourist (R-T) site in the immediate vicinity. The timeshare project is designed in such a way, and is conditioned, so as not to be detrimental to the surrounding residential neighborhood. The design and intensity of the project, given the level of intensity that could be developed on this site in the Residential Tourist (R-T) zone, is compatible with the surrounding residential neighborhood. The architecture of the building is well- designed, and steps down toward the lagoon. The number of timeshare units is 20, which is a 25 percent reduction compared to the previously denied timeshare project on the site. The parking garage, and portions of the floors above, are below grade, which helps to further reduce the massing of the project. The height of the building will not exceed the centerline height of Adams Street, so the timeshare will not impose massing on the streetscape character of the neighborhood. Conditions of approval are proposed to address potential impacts that could otherwise occur related to noise and operations, which will further ensure the use is not detrimental to the surrounding neighborhood. 3. That the site for the proposed conditional use is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the city planner, planning commission or city council, in order to integrate the use with other uses in the neighborhood. Item #4 April 11, 2017 Page 47 of 213 CT 14-11/PUD 16-02/CUP 14-10 -CARLSBAD BOAT CLUB & RESORT September 21, 2016 Pa e 9 The site is adequate in size and shape to accommodate the proposed 20-unit timeshare use as the project meets all required development standards. While the restaurant building has been vacant for several years, a number of restaurants previously occupied the site over the years along with the boat club facility. The primary use of the site has not been residential, and the site has accommodated the commercial and recreational uses. The timeshare building footprint is outside the required 100-foot wetland buffer, and provides the necessary stormwater treatment improvements to protect the lagoon. The boat club recreation building and launching ramp are within the wetland buffer, but they have existed at the site for decades and are a use that is protected under Local Coastal Plan policies and requirements. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. Access to the site is by way of Adams Street. Adams Street is adequate in size to handle the proposed 200 ADT in traffic that will be generated by the proposed timeshare use. 5. That the time-share project is located in reasonable proximity to an existing resort or public recreational area and, therefore, can financially and geographically function as a successful time- share project and that the project will not be disruptive to existing or future uses in the surrounding neighborhood. The project is located adjacent to the Agua Hedionda Lagoon which provides recreational activities for water sports such as boating, sailing, fishing and kayaking. Water access from the site would allow the aquatic activities which will help ensure that the project can financially and geographically function as a successful timeshare use. The Residential Tourist (R-T) zoning implements the Visitor Commercial (VC) Land Use designation, which is a nonresidential designation of the General Plan, so it is a nonresidential zone. Timeshares in nonresidential zones are conditioned to be converted to a hotel use if they cannot be successfully marketed as a timeshare project. The project has been designed to accommodate conversion and a hotel would need to meet all of the same requirements and conditions of the CUP and Section 21.42.140(8)(155) of the CMC. The project has submitted the required management and maintenance plan. F. Agua Hedionda Segment of the Local Coastal Program The project site is within the Agua Hedionda Segment of the Local Coastal Program (LCP), an area of Deferred Certification, and will require Coastal Development Permit approval from the Coastal Commission. The LCP recognizes that there are a wide variety of land uses and that a balance must be maintained which provides for continuance and expansion of recreational opportunities. Policy 1.1 of the Agua Hedionda LCP Land Use Plan states that "Land uses in the Agua Hedionda Plan area shall be consistent with those indicated on the Land Use Plan." The project site is designated as Visitor Commercial (VC) on the Land Use Plan. Environment: The project does not propose any improvements near the water's edge. There are existing improvements within the 100 foot wetland buffer (recreation building and boat ramp) which will remain. The project will provide required stormwater treatment facilities adjacent to the existing recreation building. Item #4 April 11, 2017 Page 48 of 213 CT 14-11/PUD 16-02/CUP 14-10-CARLSBAD BOAT CLUB & RESORT September 21, 2016 Pa e 10 Recreation and visitor serving facilities: There are a variety of Coastal Act Policies which encourage, where appropriate and feasible, public facilities for recreational use and visitor commercial serving recreational facilities. The plan recognizes Sung Harbor and Whitey's Landing (subject property) as major boating facilities. As such, the plan states that Snug Harbor and Whitey's Landing shall be designated for continued recreational-commercial use and expansion of existing facilities at these locations shall be encouraged. The timeshare would provide some additional recreational access for visitors staying at the timeshare. The required public access across the property is bring provided, and a condition of approval requires vertical access from Adams Street to the shore in a location as required by the Coastal Commission. Shoreline access: The project will provide lateral access across the property. A pedestrian walkway and steps, or alternatively the vehicular driveway, could provide vertical access to the shoreline. A condition of approval requires dedication of a vertical access to the shore in a location as required by the Coastal Commission. Visual Resources and Historic Preservation: Adams Street is designated as a scenic roadway in the LCP. Policy 8.3 of the Agua Hedionda LCP states that no portion of a structure shall be permitted to exceed the elevation of the adjacent roadway (Adams Street). The centerline elevation of Adams Street is shown to be 53 feet Above Sea Level (ASL). The project has been designed at a height of 53 feet ASL and there are no proposed protrusions above that height. Therefore, the project complies with the LCP building height requirement. In addition, shoreline development shall "step down" in height to avoid casting shadows and to produce a perceived transition from open space (lagoon) areas to developed areas. The proposed building does step down in height toward the lagoon. The previously denied project stepped back from the lagoon approximately five feet from the first to the second levels, and five feet from the second to the third levels and the rooftop observation deck above. Thus, the stepbacks occurred within a 10 foot depth. The currently proposed project steps back from the lagoon approximately seven feet from the first to the second levels, and 14 feet from the second to the third levels and there is no rooftop observation deck above. These proposed stepbacks occur within a 21 foot depth which creates a more pronounced stepping effect that helps reduce the visual and physical mass of the building and creates more of a transition from the lagoon to developed areas than the prior project. No agricultural uses currently exist on the site, nor are there any sensitive resources located on the property. The proposed project is not located on an area of known geologic instability or flood hazard. To reduce the potential for soil erodibility and sedimentation, driveway and parking areas shall be limited in size and shall be restricted to an area adjacent to the local street. The project design provides a long driveway which circulates down to the bottom, or garage, level, similar to the existing driveway pattern on the site. The underground parking is covered and helps to prevent contaminants from leaving the site and entering the lagoon. Based on estimated grading quantities, the project will require a grading permit. Construction of the project will adhere to the City's Master Drainage and Storm Water Quality Management Plan and Grading Ordinance to avoid increased runoff and soil erosion. Best Management Practices (BMP) treatment facilities are proposed to capture and treat stormwater so that there is no increase in runoff from the site. The subject site is located in the Coastal Resource Protection Overlay Zone (CMC Chapter 21.203 of the Zoning Ordinance). The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone in that the project will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP) to avoid Item #4 April 11, 2017 Page 49 of 213 CT 14-11/PUD 16-02/CUP 14-10 -CARLSBAD BOAT CLUB & RESORT September 21, 2016 Pa e 11 increased urban run-off, pollutants and soil erosion. The subject property does not include steep slopes (equal to or greater than 25% gradient) or native vegetation. In addition, the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction. G. Hillside Development Ordinance Because the site contains slopes that are over 15 percent, and over 15 feet in height, the project is subject to the Hillside Development Ordinance. Since the site was previously graded, a Hillside Development Permit is not required, but the project must follow the Hillside Development and Design Guidelines. The project site does not have any slopes over 25 percent or prominent landform features. The proposed grading is approximately 6,000 cubic yards per acre (or 7,300 cubic yards per acre excluding the shoreline area of the site) and is within the "acceptable" limits of hillside grading. No slopes or contour grading is required or proposed for the project. The development of the site is primarily cutting into the upper portion of the existing site for the development of the parking garage and portions of building levels that are underground. The building is subject to the Hillside Development and Design Guidelines fort he development of hillsides. Hillside architecture is encouraged to step away from the dominant slope face and have roof structures oriented in the same direction as the slope. As discussed above, the building provides adequate stepping of the structure and the roofed parapets follow the orientation of the slope. The depth of the 4:12 roofed parapets, in combination with the increased stepbacks, are adequate to soften the building edges. Overall, the project complies with the Hillside Development Ordinance and the Hillside Development Guidelines. H. Growth Management (Chapter 21.90 of the Carlsbad Municipal Code) and Local Facilities Management Plan Zone 1 The project is subject to the provisions of the Growth Management Program, as contained in Chapter 21.90 of the Zoning Ordinance. Table 4 below details the project's conformance with the requirements of the Growth Management Program. TABLE 4 -GROWTH MANAGEMENT COMPLIANCE STANDARD IMPACTS COMPLIANCE City Administration N/A N/A Library N/A N/A Waste Water Treatment 20 EDU Yes Parks N/A N/A Drainage Drainage Basin "B" Yes Circulation 200 ADT Yes Fire District No. 1 Yes Open Space N/A N/A Schools N/A N/A Sewer Collection System 20 EDU (Equivalent Dwelling Unit) Yes Water 5,000 gallons per day (gpd) (250 gpd/EDU x 20 EDUs) Yes Item #4 April 11, 2017 Page 50 of 213 CT 14-11/PUD 16-02/CUP 14-10 -CARLSBAD BOAT CLUB & RESORT September 21, 2016 Pa e 12 IV. ENVIRONMENTAL REVIEW While no significant cultural resources have been or are anticipated to be encountered on the site, conditions of approval require archaeological, paleontological and Native American monitoring to ensure no impacts in the case of inadvertent discoveries. The City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to state CEQA Guidelines Section 15332 -In-fill Development Projects. ATTACHMENTS: 1. Plirnfliflg Coflnl'lissio1, Resolutio1, No. 7200 2. Location Map 3. Disclosure Statement 4. Correspondence from the Public 5. Re~uced Exhibits 6. Full Size Exhibits "A" -"Q" dated September 21, 2016 7. Prior Project City Council Staff Report, Resolution and Minutes* *Denotes separately distributed documents; copy on file with the Planning Division. Item #4 April 11, 2017 Page 51 of 213 SITE MAP • N NOT TO SCALE Carlsbad Boat Club and Resort CT 14-11 I PUD 16-02 I CUP 14-10 Item #4 April 11, 2017 Page 52 of 213 , Cityof Carlsbad DISCLOSURE STATEMENT P-1(A) Planning Division 1635 Faraday Avenue (760} 602-4610 www.carlsbadca.gov 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 foJlowlng information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note~ J>~fson.1s·.d~tm¥ as "~~.individu~l;firm,··~-partlle~f)ip,•. jqi11t venture,.· ciSS<>Ciatjqll, SpCi<:'l·club, fraternal org~~tion,·e<>rporatioo; estiite, ~ ~iy~,i~Yn<iigite,.·in tpis c1ng .• c111y ptQ~~m,ty, ~ c111d. pqt1pty; city intJnicipalityi·. cfistri9t.CJ[Othe(p()ITTiCc':IIJi~f?di\ltSiClll()r ariy ot~e,; groupQrp<:imllinatjon•·acting·c1~ cl O[ti[' :·• .. !~i·t!~:·isiciiM~nt;,ha~yef.t~~ ~ai#rh~·~ci~11tity,~ftheia~;,n~Bt@c1:;,idp~rW~\Yfl~t 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, titles, 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 (NIA) IN THE SPACE BELOW. ff a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person JAMES COURTNEY Corp/Part VIP PARTNERS Title CO-OWNER/GENERAL PARTNER Address 1861 s. VIEW DR. CARLSBAD, CA Title CALIFORNIA GENERAL PARTNERSHIP Address 1250 MAGNOLIA. CARLSBAD, CA 92008 2. OWNER (Not the owner's agent) P-1(A) 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, titles, 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 {NIA) 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 JAMES COURTNEY Corp/Part MICHAEL Pf AN KUCH Trtfe CO-OWNER -GENERAL PARTNER Title ___ c_o_-0_w_N_E_R_-G_E_N_E_RAL __ P_A...;.R_TN_E_R_ Address 1861 S. VIEW DR. Address 1250 MAGNOLIA AVE. CARLSBAD, CA 92008 CARLSBADr CA 92008 Page 1 of2 Revised 0711 o Item #4 April 11, 2017 Page 53 of 213 3. NON-PROFIT ORGANIZATION OR 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- profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust. _________ _ Title __________ _ Title _____________ _ Address -----------Address ___________ __ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? . D Yes !v'I No If yes, please indicate person(s): __________ _ NOTE: Attach additional sheets if necessary. I certify that aH the above information is true and correct to the best of my knowledge. /:J.-( ~-..l..{){ 'I JAMES COURTNEY CO-OWNER JAMES COURTNEY Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page2of2 Revised 07110 Item #4 April 11, 2017 Page 54 of 213 Greg Fisher From: Sent: To: Subject: Dear Mr Fisher, John Sodano Tuesday, March 10, 2015 8:08 PM Greg Fisher CT 14-ll/CUP14-10 I write to express my opposition to the proposed Carlsbad Boat Club and Resort, currently under preliminary review. I have lived in Bristol Cove since 1983 and given that experience, the proposed timeshare condo project is wholly incompatible with the area. The traffic on Adams is already precarious and the additional traffic that such a development would produce will make it even more so. My family is a supporter of the AHLF, my wife serves on the board of thaforganization. I am particularly sensitive to the health and maintenance of Agua Hedionda lagoon. It is a rare asset that is one of Carlsbad's characteristic elements. The impact on lagoon usage by additional vacationers, particularly if they have minimal familiarity with tradition usage guidelines, will create additional stress on this unique body of water. Will vacationers get temporary boat permits? Will they have access to the water? What about additional transients in the neighborhood? Will the city permit vendors to provide services to the visitors? Will the CPD or the City of Carlsbad have to increase its on water presence to maintain order? The adjacent properties are single family residences. I doubt that those property owners will want a steady stream of hundreds of new people coming and going week in, week out. 11m all about free enterprise and property rights. But as a long time resident I expect to receive due consideration for what I believe is an intrusion in the neighborhood and and an incompatible project for the lagoon. I would recommend that the proposed project be rejected in favor of a project that is somewhat more benign and compatible with the area. Thank you. John C Sodano 1 Item #4 April 11, 2017 Page 55 of 213 Teri Delcamp From: Sent: To: Cc: Subject: Teri, Jim strickland Tuesday, August 16, 2016 10:03 AM Teri Delcamp Greg Fisher 20 Unit TIMESHARE Thanks very much for your time on our phone call. Thanks for letting me know that the project will go to the Planning Commission on September 21st. We neighbors vvill be looking forward to the meeting notice in the mail. I Hve at 92008 here on Bristol Cove on the lagoon. I am very strongly opposed to this project at 4509 Adams Street, CTI 4-11 /CUP 14-10. It was judged to be too intense and incompatible last time and I strongly believe that is still the case. My HOA Board had this project on our Agenda for our meeting last night and everyone in the meeting was against the project. We wiU be sending a letter to you opposing the project. This subject is on our Bristol Cove Property Ow11er's Association meeting agenda also. I respect that the property owners should be able to build on their property but this 20 Unit Timeshare is far too intense and incompatible with the area. I would not be opposed to a more reasonably sized project that was not a timeshare. I appreciate that you agreed to save and accumulate the mail and emails you receive regarding the project Thanks, Jim 1 Item #4 April 11, 2017 Page 56 of 213 Teri Delcamp From: Sent: To: Subject: Hi Teri, Jan Bandich t> Friday, August 19, 2016 3:40 PM Teri Delcamp 20 Unit TIMESHARE I appreciate all your help in answering questions and I am sending you a copy of my statement to the Planning Commission at the August 17 Meeting to add to your letters and e-mails regarding the permit pending 20 Unit TIMESHARE at 4509 Adams St in Carlsbad along the Agua Hedionda Lagoon. 1 Item #4 April 11, 2017 Page 57 of 213 1 . -----_j I've included the photo I shared of the dead sea turtle I found and reported on August 9, 2016 on the beach right next to the 4509 property, which I believe is due to increased amount of traffic on the Lagoon. 2 Item #4 April 11, 2017 Page 58 of 213 My name is Janis Bandich and I live at in Carlsbad, 92008 and I am hear to share my concerns about the pending permit for a 20-unit TIMESHARE at 4509 Adams St on the Agua Hedionda Lagoon. I have walked and paddleboarded on the Agua Hedionda Lagoon almost daily for the last 4 years and have watched the passive and active craft use of the Lagoon increase at Bayshore Public Access and the use of rental equipment more and more each year, with no supervision or concerns for safety. Adding the density of a 19,884 sq ft bldg, with 34 bedrooms with itinerant guest on one Lagoon site will exacerbate: the noise level on the lagoon pollution and threat to wildlife -State Water Quality Board has proposed that the Agua Hedionda Lagoon be put on the list of polluted water bodies for high level of toxicity safety issues on the beach and lagoon traffic safety on Adams -increased number of cars is threat to pedestrians and bicyclists parking issues adequate water and sewage The owner has the right to build something on his property, but it should be appropriate to the setting Changing the land use designation and zoning designation from Commercial to something appropriate to a residential neighborhood would be greatly appreciated. Jan May you always have: Love to share, Friends who care, and Health to spare. 3 Item #4 April 11, 2017 Page 59 of 213 Teri Delcamp From: Sent: To: Subject: Teri, Please add this to the record. Thanks, Jim ----Foiwarded Message -- Jim strickland Tuesday, August 23, 2016 11:00 AM Teri Delcamp; Greg Fisher; Planning; Van Lynch Fw: 20 Unit TIMESHARE From: Ann Tanner < To: Jim strickland Sent: Monday, August 22, 2016 8:29 PM Subject: Re: 20 Unit TIMESHARE Jim, Thank you for reaching out to me. The development sounds like a disaster to the surrounding community. I believe in smart, balanced , thoughtful development and am surprised that a similar plan opposed years ago is back on the table. Developers should not be making the dedsions in our community. The City Council must represent the best interests of their residents/taxpayers and request citizen input. I'm against this project. We can do better. In the next 4-6 years major decisions about our Carlsbad coast will be decided that will affect generations to come. We need to get this right I believe we need fiscal responsibility and transparency in our development decisions that preserves the character of our community. Please contact me if you need further information. Thank You. Ann Tanner On Mon, Aug 22, 2016 at 12:38 PM, Jim strickland < wrote: Dear Ann, 1 Item #4 April 11, 2017 Page 60 of 213 Bristol Cove Property Owners Association c/o CHAMPS/ A Division of AA.tf, LLC August 24, 2016 City of Carlsbad Planning Division 1635 Faraday Ave Carlsbad, CA 92008 5731 Palmer Way -Suite B Carlsbad, CA 92010-7247 760/603~0501 · FAX 760/603-0505 RE: OPPOSITION TO Carlsbad Boat Club & Resort Project, a 20-Unit Timeshare 4509 Adams Street Carlsbad CA 92008 CT 14-11 CUP 14-10 Dear Carlsbad Planning Staff, The Board of the Bristol Cove Property Owners Association unanimously resolved to oppose this project. The Board represents 268 living units which is approximately 800 people and 500 voters. Our community is located very close to the project and our homes are on the water at Agua Hedionda Lagoon as is the Boat Club property. Most of us love our community and chose to live here because of our beautiful lagoon and the recreational opportunities it provides. Last time around we opposed this project and supported Carlsbad Planning Staff and Commissioners who declared the project "too intense and incompatible for the surrounding neighborhood." We supported and applauded the City Council who also denied the project. Many people hoped this bad idea was done and gone for good but it is not, it is back. The old failed project was a massive bulky 25 units with 37 bedrooms and 40,500 square feet. This new project appears on the surface to be less massive since it is 20 units. This is misleading since the drawings don't disclose the total square feet but instead it indicates "habitable square footage." When the "habitable square footage" of each of the old and new projects is added up, they are essentially the same. It is essentially the same building with a different interior. It has 34 bedrooms and the number of studios went from 9 to only 1, so it will house essentiafly the same amount of people. This many additional people, cars and lagoon usage will be disruptive to the surrounding neighborhood. Item #4 April 11, 2017 Page 61 of 213 This project is not compliant with some of our Carlsbad zoning principles, for example: 21.47.010 Intent and purpose. The intent and purpose of the nonresidential planned development regulations are to: (2) Provide for nonresidential projects which are compatible with surrounding developments; 21.47.080 Development standards. All nonresidential planned developments ... but they shall be reasonable as to intended use and relation to the project and the surrounding area and shall meet the intent and purpose of this chapter as stated herein. (Ord. 9685 § 1, 1983) This incompatible project is not orderly growth and development of our community. We hope that you, our Carlsbad Planners, will faithfully protect the public interest and not just that of a single property owner. You are the guardians of our common future and are trusted to plan for the needs of present and future generations. We are not against development on this lot and we would probably support a smaller project that is not a Timeshare. We ask that you help our neighborhood preserve its special Carlsbad small town beach character and deny the application for this massive, incompatible project Sincerely, Board of Directors Bristol Cove Property Owners Association CC: Bristol Cove Property Owners council@carlsbadca.gov planning@carlsbadca.gov Item #4 April 11, 2017 Page 62 of 213 Teri Delcamp From: Sent: To: Subject: FYI ----Forwarded Message -- Jim strickland < Thursday, August 25, 2016 9:40 AM Teri Delcamp; Greg Fisher; Van Lynch: Council Internet Email; Planning Fw: 20 Unit TIMESHARE From: Geri Peterson <> To: Jim strickland <t> Sent: Monday, August 22, 2016 8:12 AM Subject: Re: 20 Unit TIMESHARE Jim , Thank God we have you as our neighbor and lagoon watch. I had no idea this was going before the planning commission AGAIN. I still can't believe they considered it in the first place. Thanks for staying on it. Geri Peterson On Sunday, August 21, 2016 3:39 PM, Jim strickland <jim.strickland1@sbcglobal.net> wrote: Dear Lagoon Friends and Neighbors, This 20 Unit Timeshare is a project proposal to be built on the lagoon at 4509 Adams Street. I attached the drawings for it. It v,·as soundly rejected about 5 years ago and now it is back. Although it is described as 20 units its basically the same proposal in size and square footage as last time. It is tentatively scheduled to go before the Planning Commission meeting on September 21st. [ hope you will attend. The BCPOA Board re-scheduled our meeting so we can attend. Our voices and opinions are in1portattt and I believe the City will consider what we say. All the emails and letters will be accumulated and presented to the Commission. Ifyou want to give your input you can email the planning staff and City Council. Van.Lynch@carlsbadca.gov Teri .Delcamp@carlsbadca.gov Greg.Fischer@Carlsbadca.gov • plH11ni11g@carlsbwJ c:1.gov 1 Item #4 April 11, 2017 Page 63 of 213 Teri Delcamp From: Sent: To: Subject: Thursday, August 25, 2016 10:57 AM Teri Delcamp 20 Timeshares on Adams Street?!? to City Senior Planner Teri Delcamp .. as a local property ow11er/resident, I'm concemed why the Boat CLub property remains as a VC zoning designation --with residential homes surrounding it ?? the VC property needs to be rezoned to fit in with the ambiance of the local community. a single fami1y home would co-exist naturally with the sunounding homes on Adams St as well as the larger community. PLEASE --do the right thing -request a zoning change -- the lagoon has been spared commercialization via an election by which the registered voters of Carlsbad spoke - -and said --NO --to the 85/15 plan. we, Carlsbad residents, are speaking again --just say NO to timeshares which are a commercialization of and on.. the lagoon. we want to SA VE the lagoon for future generations -not trample it with timeshares. thank you, alice and terry reysbergen l Item #4 April 11, 2017 Page 64 of 213 Teri Delcamp From: Sent: To: Subject: To whom it may concern, Upinder Singh <u Saturday, August 27, 2016 10:59 AM Teri Delcamp 20 TIMESHARE UNITS IN CARLSBAD LAGOON "NO" Living in Carlsbad can stays nice if we do not keep building more housing. We do not like another time share in Carlsbad. This is a letter of protest to the City Council not to approve this project to raise money. Keep it small and beautiful. Enough is Enough. Thanks Upinder Singh 1 Item #4 April 11, 2017 Page 65 of 213 Teri Delcamp From: Sent: To: Subject: Planning Monday, August 29, 2016 9:11 AM Teri Delcamp FW: 20 Timeshare Units From: att ray heller [mailto: Sent: Friday, August 26, 2016 6:37 PM To: Planning Subject: 20 Timeshare Units To the Planning Commission, I am a homeowner and voter living on . It has come to my attention that 20 units oftime share are being planned on Adams. Being retired, I walk my dog 4 or 5 times a day in my neighborhood (that includes Adams). Adams is already a very dangerous road -the sidewalks stop right ln the middle of a blind curve, making it very dangerous for pedestrians and vehicles alike. Since the infrastructure is not even currently safe, adding additional pedestrians and vehicles from building 20 additional units is asking for disaster (accidents and deaths). Please note when voting on this issue that I am totally against it. Thank you. Sincerely, Ray Heller Carlsbad 1 Item #4 April 11, 2017 Page 66 of 213 Teri Delcamp From; Sent: To: Subject: Attachments: GERRIE BOONE <g Monday, August 29, 2016 5:14 PM Van Lynch; Teri Delcamp; Greg.Fischer@Carlsbadca.gov; Planning; Council Internet Email BOAT CLUB PROJECT -20 UNITS Boat Club project Square feet.pdf DEAR CARLSBAD PLANNERS, THE CARLSBAD BOAT CLUB & RESORT PROJECT IS INCOMPATIBLE WITH OUR NORTH SHORE LAGOON NEIGHBORHOOD. THANK YOU FOR DENYING THE PROJECT LAST TIME. THE APPLICANT HAS COME BACK WITH ALMOST THE SAME PROJECT. WHEN YOU COMPARE THE PLANS OF THE OLD DENIED PROJECT WITH THE NEW PROJECT YOU CANNOT SEE WHAT THE SQUARE FOOTAGE IS. I HAD TO ADD UP ALL THE UNITS' SQUARE FOOTAGE TO DISCOVER THAT THE NEW BUILDING IS VERY CLOSE IN SIZE TO THE DENIED ONK DENIED 19,978 SQFT-NEW 19,902 SQFT = A MERE 76 SQUARE FEET OF HABITABLE SPACE DIFFERENCE. PLEASE SEE THE ATTACHED PROJECT COMPARISON. PLEASE TELL ME YOU WON'T DENY A PROJECT BASED ON BULK AND SCALE AND INCOMPATIBILITY ONE TIME AND APPROVE THE SAME PROJECT 8 YEARS LATER THANK YOU, GERRIE KAY BOONE 92008 1 Item #4 April 11, 2017 Page 67 of 213 Carlsbad Boat Club & Resort 20 unit Timeshare "Habitible Square Footage" Comparison Denied Project Proposed Project Unit Square Feet Unit Square Feet 1 1116 1 945 2 1116 2 945 3 833 3 833 4 735 4 1190 5 442 5 1161 6 465 6 918 7 533 7 944 8 918 8 922 - 9 944 9 944 10 922 10 597 11 944-11 1190 12 597 12 1343 13 725 13 867 --14 457 14 795 15 695 15 618 16 618 16 618 1st floor 17 867-17 795 bottom 18 795 18 1202 19 637 19 842 20 637 20 1803 6673 19472 -52 21 795 1st floor office 430 7103-TOTAL 22 1202 bottom 23 842 24 1363 25 350 6621 19548 Proposed is "smaller" by office 430 7051 TOTAL Sq Feet Beds Unit bdrm type Bdrm Types Unit bdrm type Beds 9 3 3 3 9 12 6 2 10 20 7 7 1 4 4 9 9 Studio 1 1 --Proposed is "smaller" by -Bdrms The INTENSITY of both projects is essentially the same. The proposed project plans do not disclose total square Footage just "Habitable". The denied project does not disclose "Habitable Sq Footage" just 40,500 Total Sqft The proposed project is just as out of place in "BULK AND SCALE" as before. Item #4 April 11, 2017 Page 68 of 213 Teri Delcamp Subject: FW: 26 unit time-share condominium project ----Original Message----- From: Julie Nygaard [mailto:Ny Sent: Monday, August 29, 2016 10:28 AM To: Van Lynch <Van.Lynch@carlsbadca.gov>; j Subject: 26 unit time-share condominium project Dear Van, It has come to my attention that the time-share condo on Adams street is once again on the agenda. I think mixing time-shares in a basically residential neighborhood is not a very good idea. The two venues are not compatible. I voted against this project when it came before for us before and I would vote against it again. We pride ourselves in creating neighborhoods that are pleasant, peaceful places to live. We need to protect them. Warm regards, Julie Nygaard Sent from my iPad CONFIDENTIALITY NOTJCE This message and any included attachments are from the Tri-City Healthcare District and are intended only for the addressee. The information contained in this message is confidential and may constitute non-public information under international, federal, or state securities laws and is intended only for the use of the addressee. Unauthorized forwarding, printing, copying, distributing, or using such information is strictly prohibited and may be unlawful. If you are not the addressee, please promptly delete this message and notify the sender of the delivery error by e-mail. 1 Item #4 April 11, 2017 Page 69 of 213 Teri Delcamp' Subject: FW: 20 Timeshares From: Steve [mailto: Sent: Thursday, September 01, 2016 5:36 PM To: Teri Delcamp <Teri.Delcamp@carlsbadca.gov> Subject: 20 Timeshares My name is Steve Bandich. I live at in Bristol Cove in Carlsbad. I am the past Presidential and current Secretary of the Villas at the Cove HOA. I speak for all of our members and many of our neighbors in Bristol Cove. We are opposed to the approval of a 20 unit timeshare on Hedionda Lagoon for 3 primary reasons: Safety-Security-and Sustainability. First, the Lagoon is now very busy with many boats, jet-skiers, and passive water sports vehicles, such as kayaks, paddle boards and water bikes. While there are designate areas for each, may people choose to disregard these rules and utilize unauthorized areas. Carlsbad police and Parks & Rec. do not have the capacity or will to supervise the lagoon except on the 2 or 3 major holidays. The addition of several dozens more people will only exacerbate this dangerous situation. It is only a matter of time before there is a serious accident. Secondly, the approval of a timeshare on our lagoon will add many-out ofthe area-people to the congestion and impact to our cove, which is almost adjacent to the proposed timeshare site. Temporary timeshare guest at our lagoon will not know or heed the no trespassing rules of our private cove. Currently many lagoon day users traverse our cove with boats and passive water vehicles and, at times avail themselves of the use of our private docks. Our Bristol Cove residents enjoy the narrow waters of our cove with their power boats, small watercraft and flotation devises, and this additional use buy nonresidents, at times, presents dangerous confrontations. I am told that the police cannot enforce the privacy of our cove because it it private property. Finally, the fragile ecosystem of our lagoon will be further threatened by the additional of human damage caused by people not necessarily concerned with its preservation. The lagoon and our cove are constantly littered with paper waste, bottles and cans, and all sorts of plastic products. The Hedionda Lagoon Association, and volunteer organization such as H20 Patrol are encountering more and more debris in the clean up efforts. More sightings of dead sea creatures, fish and birds are seen along our shores. Many day users trespass into the restricted area of the Fish and Game Preserve. This damage will only increase with the addition of out of the area visitors. Sincerely, Steven Bandich 1 Item #4 April 11, 2017 Page 70 of 213 Teri Delcamp From: Sent: To: Subject: Linda A Shafer <1 Saturday, September 03, 2016 8:48 AM Van Lynch; Teri Delcamp; Greg.Fischer@Carlsbadca.gov; Planning; Council Internet Email 20 Unit Time Share on Aqua Hedionda Lagon to go before planning commission I have lived in Carlsbad within Bristol Cove on Aqua Hedionda Lagoon since 1980 and I love Carlsbad as much today as when I moved first moved here. Of course it has grown tremendously, but mostly well planned. I realize the City and Planning Commission has a tough job to forward think about the implications of each project that comes before them and weigh the rights of property owners against the impact to the community: integrity, safety and quality of life. In the instance of the 20 unit time share being proposed on Aqua Hedionda Lagoon, I am hoping the foreseeable negative impact to our community will guide your decision. This is a relatively small area that is being pushed today to absorb a huge growth in recreational use. I see thousands of Groupons sold for paddle boarding on the lagoon and any given weekend over summer we see the eastern shore (passive access beach area) completely covered with people settled in to enjoy the day. This is a lot to handle today. On any sunny day, there is little to no parking on any of the residential streets near the lagoon because of visitor traffic. Walking, jogging, rolling strollers and bike riding on Adams (near the site of the proposed time share) is extremely dangerous due to blind intersections, lack of sidewalks and distracted drivers looking down at the action on the lagoon. I believe it is easy to foresee the danger involved if the City and Planning Commission were to move forward to approve adding a 20 unit time share to the mix, with every week a new set of folks that are unfamiliar with the neighborhood rushing in and out for their week of fun. Again, I urge you to turn down the proposal for a .20 Unit time share on Adams at this time. Respectfully, Linda Shafer Carlbad, CA 92008 1 Item #4 April 11, 2017 Page 71 of 213 Teri Delcamp From: Sent: To: Subject: Hi ' Donna Kilpatrick < Tuesday, September 06, 2016 10:02 AM Teri Delcamp 20 timeshares I recendly bought a home in Bristol Cove and do not wish to have 20 timeshares close by. Thank you, Donna Kilpatrick Carlsbad, CA 92008 1 Item #4 April 11, 2017 Page 72 of 213 City of Carlsbad SEP O 8 2016 September 5, 2016 Planning Division Dear Carlsbad Planners Mr. Fisher and Ms. Delcamp and Mr. Neu, I am very disappointed to see that the Carlsbad Boat Club and Resort project is haunting us agam. I have been,a homeowner on the lagoon since 1979 and have enjoyed the lagoon the neighborhood's charm. This project will certainly erode the charm and ambiance of the area. It is much too large and will adversely affect the recreation on the lagoon. The other for profit recreational business on the lagoon has already overburdened this small lagoon with its thousands of tourists. The City Planners got it right last time when they denied the project. The City Council also got it right. Now the property owners have returned with the same oversized building as the last time. A huge timeshare business didn't belong here in 2008 and it doesn't belong here in 2016 or in the future. I would support a smaller scale project but not this giant timeshare business. Please protect our neighborhood from this bad idea. Thank you for your service to Carlsbad. Regards, Clint Cowie Carlsbad, CA 92008 CC: Carlsbad City Council Item #4 April 11, 2017 Page 73 of 213 Teri Delcamp From: Sent: To: Subject: FYI From: Council Internet Email Don Neu Wednesday, September 07, 2016 4:05 PM Teri Delcamp FW Carlsbad Boat Club & Resort Project a 20 Unit Timeshare at 4509 Adams Street Carlsbad CA 92008 CT 14-11 CUP 14-10 Sent: Wednesday, September 07, 2016 12:58 PM Subject: FW: Carlsbad Boat Club & Resort Project a 20 Unit Timeshare at 4509 Adams Street Carlsbad CA 92008 CT 14-11 CUP 14-10 From: Bob Ross [ Sent: Wednesday, September 07, 2016 12:34 PM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: Carlsbad Boat Club & Resort Project a 20 Unit Timeshare at 4509 Adams Street Carlsbad CA 92008 CT 14-11 CUP 14-10 Dear Carlsbad Planning Staff, I live and own my home at Carlsbad. I am very much against the subject project. Parking on Adams, Cove Dr. and Park Dr. are already a problem and we certainly don1t need any overflow from Adams. Also the project seems much too massive for the lagoon and if the project has a boat ramp t o use the lagoon it will become too crowded and unmanageable. This project has already been turned down once, please don't approve it this time around. Thank you, Myra Finch Robert Ross l Item #4 April 11, 2017 Page 74 of 213 Teri Delcamp From: Sent: To: Subject: Gail Huntington Thursday, September 08, 2016 6:49 PM Teri Delcamp No to timeshares Please do not allow the 20 unit timeshare to be built at the lagoon. Thank you Jerry and Gail Huntington Sent from my iPhone 1 Item #4 April 11, 2017 Page 75 of 213 Teri Delcamp From: Sent: To: Subject: Dear Carlsbad Planning Staff, Kathy Periy <k Friday, September 09, 2016 4:00 PM Teri Delcamp 20 Unit timeshare project CT 14-11 CUP 14-10 I am writing to strongly oppose this proposed project. It is incompatible with the existing neighborhood and would negatively impact the lagoon. Adams Street itself is already busy and lacks parking so adding twenty units on one lot on this street seems to defy reason. This is not orderly growth, merely greed on the part of the owner to maximize profits at the expense of the entire neighborhood. We hope you will deny this project until it is considerably reduced in size and scope. Sincerely, Katharine Perry Carlsbad, CA 92008 Sent from my iPad 1 Item #4 April 11, 2017 Page 76 of 213 CARLSBAD BOAT CLUB & RESORT CT 14-11 CUP 14-10 4509 ADAMS STREET CARLSBAD, CALIFORNIA VICINITY MA ~ [?:] ""'"'' PROJECT DAT A LE6Al.meo1C11a<,c:trra,c.NUe,1,C IHSl'AAADAYA\IENE..llUIIEIN CAIOeAD, CA. 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PROPOSED 20 UNIT TIMESHARE CONDOMINIUM , STORIES Ni UNDEl<CiROUND PAFiKIN<:i LNt~,emio """"""" """"""" -- ... , ... , ... ,_, ;; ·-· ;4 ,_, ,_, X Tl!Le&m/f!ltl"lAM ~i!ECTICN51150ATLAU4:::ll!GPLAH """"""''"""" Rli!TFLOCRl"L.IN """'"""'"-" =~l'I.A'I ~ELEVATia<e 511.DNlHAUl"IM!!tTIOT TEHTAlM!l1Al"f~J TEN\'li!M'.l'IN"$C151NlTO!'OJ elf? 6TOR1k4~1'WWl1Nffl'PLIH LC.J~cctt:a"TPLIH L.C·J UH:lec:N'll~l"UN 11-11 l"~Jl!CIJIEt),J4n.LNIT!•IJlll"ACEMNfT) LC.J KiirolCQlllt!tiA~!"I.AN A~DAILTiAA'T!C/Al:lTJ NOTE, LEGAL DESCRIPTION """"""""""' lo&TtlllYVJCf,..oTll!l.00::DO!'TJt/G12M =PMal.Ml'Sl:Jb """"""" <iN!AD.iM&&l1iEET ~,CALFO,wi!A~ ALL NOFaK 5HD>'IN 15 PROPOSED UNLE55 OTHER>'il5E NOTED. A<:iUA HEDIONDA LA<:iOON z -<[ _J Q_ w I- ti) ----I-w w ::r ti) w -' I- I- I-°"'-C) ti) w °"'--((l ll)_ :::) UJ _J ~ u <{ IL I-a; <:[ C) >= ((l (ii_ 2 0 <:[ ((l ti) -' °"'--<[ 0 ...... -Atlll!flOJll+Gl!II.Tl>.:ft9tOl''H-~l'IU'Dl'Tllll!!ICl!M:t11Wl'lllfrOl'-JQffle,LTIUNIIII! Hlfllll.Tl.tE.Ol'll.l0""'1'1'11TAD!WlaOl'-.UM!!t>nl!IIU,.,....Ol'l!l!ltHtilOl'lll!-Ul!ff>l!II!--f-------1 "°'11WTIIE!'Ql!Ol'-!AITPII.THAl!!UD!ILH!ADIITAIZl7116.3~.llllll!c,l.l!!ll,10A,.,....oPIML!411!111..TUI! 1------------------------------l=================================================================================':,,-=""""'=~==-=·-==""=~==~==='~==-===='=~=·-==-=·=-==-=-==~=~===='~:::;;~·;::1 A~= 1 SITE PLAN 2 Item #4 April 11, 2017 Page 77 of 213 CT 14-11 N\. CUP 14-10 Jllna ~ I f<EVl&ION& <> ~"£:1" BUILDING SECTION ~ l"OSTe!DeET I 1!61.EDA'le lle4LE-r,,-.-e' . ..., ...... Mdl,J-b . ..., ...... BUILDING SECTION BUILDING SECTION ""'".·"'r 4 BUILDING SECTION !C:11..E,Mll'•III' 2 PAT!! i-46-lol ~,--. MtlO!!D PIWN ~-----·· . . iii.ft Item #4 April 11, 2017 Page 78 of 213 26'-o" 156'-o" ,---------------------------------------------------------------------------------- ~ L _______ : ... · ~--,_ ________________________________ _ 26'-o" 129'-6" PROPOS 20'-0" I SEWER EMENT I UNDERGROUND PARKING CT 14-11 N\ CUP 14-10 JtlB (~~ <llVSl·Thl·!i'm mo,donl1"'"'"" ~i'llb.t.to!..i.lo,,.tdlmnO!lS.ll t--OL ~ C) z <S) ~ Mi -<( -Q_ co lQ D 3~ 5 l) <[ (L ~ t--0..: -<( ---: al C) > co~ w D D 5 -<( co <S) -l OL -<( l) .. ~ ""'''"' '"""" A-0 .. Ir ~ UI Q -I Item #4 April 11, 2017 Page 79 of 213 I I 26'-o" 156'-o" ' . :JlliC=========ioma:=-=======· ~Df:<XATGRADE L __ __,~.--+--------------------- 26'-0" se·-o· 2 5- 74'-o" FIRST FLOOR PLAN CT 14-11 AA CUP 14-10 JtllB F='hl,1=,i\ill+m=l~~~:-----'f't-"""""""""'"'"'"""' 7'-o· 7'-o" EXl~TI~ SOAT RAMFr--- 1 I I I I I I I I I I I ''"""""'°"" I I I I .. 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I I! \' I I I I I I I I I I I I I I I I I I I I I I I I l:====--1 11Ff1=r--- l I I I I I I I I I I I I I I I I I I I I I I I I I I ~ : / I I I I I I I I II II _/ __ J+-----tr-·"' I I I : I I I I ~r------1 I TT --- 1 I I I I I I I I I I I I I I I 10 REVISIONS 0 i;:t~:r D. ~~lfraeer o,ra . .,_ o,m 1-A·M """ .. -"""" """" "'"'· A -2 "' :r ~ w Cl ...I Item #4 April 11, 2017 Page 81 of 213 l-w w oc l-ti) ti) r <:[ D <:[ -----47'-o" 1'· •• 1~~..1-- 1 I I I I I I I I I ~ I I: I I I I ~ 41'-o· I I I I I I I I I I I I I I I I I I I I +---I I __ 11 -rr --,._,. I I TT--~--- 1 I I I I I I I I 1,.. .... f\Jl I I I 1111..,LJ\J ; ; I I I I Item #4 April 11, 2017 Page 82 of 213 t-ill tit t-ti) I I J ii I L_ ______________________ _ 2 5- --~UE ROOF PLAN :c;r 14-11 AA OUP 14-10 JCIIla J / !.R,H"'r-LRF 1, r1~ww. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I __ I 1------ri---------~I I I I I I I : : I 1,....11[\fl I I I 11trir,,.,LJ\J I I I I I I ! ! [(1 A-4 UJ '3 Item #4 April 11, 2017 Page 83 of 213 --------~,.;.;;;;-;; .. NORTH ELEVATION , CT 14-11 Mr. ~iliiil·ilt~: ····pi~II·:;=~~~~~-=---~-c=-u~-~~~~~ !!~:! EAST ELEVATION 4 --------- i eE(;QCFI.OOfii:FF.tl!'-fl' I '======lc==lt---J - - - - --i 1Ill~~[l~c=[-=' ~ ------ ..... co,e;mp,t,TIO 2 REVIS la-IS <> ~m:r f:::. =gfTEW' I$ .. dly_ll ~·----.. dly-11 t-oc C) (.)) (.)) ill z oc C) -t-ID lQ ~ 3~ ill _j O« IL ill t-IL oc <[---; o> 0 ID Iii oc ::2 ill 0. t-<1 X ID ill (.)) _j oc <1 0 -------------------------------------------------------~f'N«mf:t-_..,,. A-:, NEST ELEVATION 3 ~ w Cl _J Item #4 April 11, 2017 Page 84 of 213 EAST ELEVATION MDW.~k)le.lTE&MAtl~l.Pta f'!.N£Nl)M60::L411:DPl:Xl'6.Al.L ~NCJ~tl'M6Fl.AH=AA£ ~··· ~HATCMtbN:IICA-re&E!llll.Dtl:l"-Ale NbMeoc:IAWI0:::!'8GloEAlcRllWll'-6' eE!IWtl.Ulall.Dtti c:,a&W.lafiitclCA'JE8elll.D!lt.f'UIE RCIA&6oc:IA'IWPIIX:f$G!EA,TERTIWl1'4' e£MWl'!Alialll.Dtbl"LltE. JAIEST ELEVATION MDMATCIINiKIIC41E5Kf.tll!IJll.Dllt. l'\.NENl>AlleOCIATEDll!Xff.Al.L WNXW! NI) DOCN ti M6 l'!.AI! All! l<ECEMEDI', ,,,,,,,.,,,..:. .... \ CT 14-11 CUP 14-10 3 REVl51CN5 (> lmi:IIJlifT 6. ~Efmeer OAT! 1.-.14 ~ = "--=-~ i==-.....:;c::...-1~ w '3 Item #4 April 11, 2017 Page 85 of 213 CA~~~~ c~~Tn fEt}r~rvf M~SQ_~I: __ -__ -___ -___ -_ ~-r------------~- TENTATIVE MAP & SITE PLAN LE GENO PHQPOIIY<M /i'IGIITCFJMY DfST.WC CONIWHS OISIW(lll:4lFRIIMI D'!SflMJS£11£fi'.IIAJ'( }WQC'a5WfflEH~T tXWCKt:1t Bl.OCK RETHt/NC lfAtL (SPIJT /"Ac:£ nP.) ~n:POFali'IJ ~S1'0Tl1IVAT!OV l(JfRTllEVAllGW /i'M'"OOHNSP(){/f Bl} --1<----~----#!()-- 1£=/115.5(1 CD Ii c:::=i ~ ~ E==:::J SHEET I OF 4 CT 14-11 CUP 14-10 HAP PREPARED an ""'°"""""' #OSTATEPLAC£ "'""""'"""' {160)76-6118 LEGAL OESCR/PflON: llffltRJ.Y 1/2 CF LOT 7 «.OCK O CF llrACT 2152. SOURCE OF TDPQGRAPH~ ff/lP(}QMPNYIER£(JNIS/JASEDCWn£ Fa.J.OIIINt::~YSl.l'i'WY8Y£,ttll INCIE1RIN(;IM1EP~Yml LANO AREA-' UJJA~ ~ J"Bl}l(S!DJIEU.Wf "V!.JtJT/$78" #T,UU,i'AQI' .t AT .t SF i'fl!RSECl!QY REYAIKW-M.10. ASS£5S&'.5' PARCE:l N/IMB(R: .,.._,.,_,. ZON/NG/CENERAL PLAN: ,.... . ., GO.Oi'AlPUN:T.R. LECAL ACffSS:· ACCESSW!il!F/S!RallAa«tS$'1flET, APfA1i/CSIRE£T f1N£ (JTY CF CARt.SfJAO IRE a:f'A/{11,IENI Sl:MXl i:.w:5lil40 f.NR[l) stWOa IJIS!RrCT SEIIEN CAR!.SIMO~IIM!ET{IJISf1i'ICT ~.KMl"AL/fAll'RtrS1'i1+:T EAR!HHVRK QUANHRES C(Jfa6f!i:J.8() ctec YAI/DS FK.1=15.92.U ct6IC' YANOS' EJtPCWT-'1559.06 C(8C 1MOS ROlllJIAl.-.]815.(}()CfJDIC y..w,s ~T=() a&G' YMl?S B/JILOING EIEVAllONS R(J(T,,1',4110=5().l}(J 111fi'{}flfX1i'/1.0IXJN(l«ltl()() srnl\Oflrue,1'~2.9:{}(J flflSTflM'i'~!,t1'0!(XJ(;tlc-f6.l}(J Mla!lV~{}(J PJ?QPQSEO LOT AREA I~ iJJt (I.OiAC.) IMJIS.F. E:,l'(SIIW ,tROPOSEJ EASEMENTS 0%r/WC 1.1' IIIIJ£ SEIIO/ £1fSDENT 6RAN1lD TO HE ClTY OF CARLSBAD mmZl VAHCH 4 !WI AS M11i'IN£NTM2 ,lfJ'22(T(YfTCMi. """"' PRa"OS£lJ.25'1Hl£SEHOi' l"ASDll'NT BOHi .m!Y tT £:(!SlfM7 EASDIENT tili'AH!llJ TO DC CITY CY ""'""° !'lfa'0S£05'H/lf~llCN SHEET CJ Item #4 April 11, 2017 Page 86 of 213 ----·---·--,::---:-----~ --_____ {J[,__};J)S;E or PAVfJ,/e,r ffllwr&wr-Jgw1tJe)---~--~-~S\: ----------~------- -,-,7'---v---,--,---<--;/:-~~~=~A--~~/ s---,---s---,--.,- 1~.........,.~----~---~-------~ 1 ·-~-~v--W---,. ---j,,E81fill..NG.,,,1_0:.JJt.ffi? LINE -.i ·------··(,x,snNG PAR;l~~--f:)&}----+-----·-. I . .-·-·-·~ I ..... ~y .J /,: /I 'I ~:_J'i't·-./ I r~---- £X/S11NG CWB HOUSE ro REMAJN T I j I I I 60 : I I I Bf} .,..-EX15T!NG SINGLE) ,-F!WIL't RfSIDE:NCE: F.F. 18.00' ADAMS STREET CARLSBAD BOAT CLUB & RESORT CITY OF CARLSBAD TENTATIVE MAP EXISTING CONDITIONS EXHIBIT I I --7' -:.:::_-~G~O-C. ·---~ I! -----------------,~ 10.00 !~ I~ I~ I~ I• 1· SE;C710N B -B /(()ff{}SCAJE 01ST. TYPICAL SEC710N ADAMS S77'1EET (EX/STING) NOTTOsr:AJE ·--. RU~NING WALL _______ ·---_ --, SHEET 2 OF 4 CT 14-11 CUP 14-10 £%/SQNC d'ROPOSEO EA 'PIFNTS £,tfSllN(lf5'/IIQ£~£,fSD/£Nf Q'?ANfll) l/J TfCCITYOFCM'!SllAO ffltn!ZIAMRa/,1" ff/6,(AS Mll?UIDITM:l l!ll.tOFa:flCIAI. -~2..5'1111J£SEHER £ASD/l'NT 80flf SW.S-tY EKfSl!NC CAsntBIT Qi'ANISJ TO !HE arr OF CAl<S8AI} IQQ!L________ _ -------------=-~-~------,i===:L-=---- 00®..............--------------------------------- SEC710NA-A NOTfl/sr:AJE SHEET C2 Item #4 April 11, 2017 Page 87 of 213 RESORT OAT CLUB & MAP CARLSBTfJ? C~RLSBAD ~~~T~!N CI IMINARYG PREL SSTREET =p/CAL SECTION ADAM I I• NOTlVSCAl£ ADAMS STREET SECTIONC-C NO! !OSCAi1 @ CEWTERLINE OF DRIVEWAY PROPOSED GRADE y ENTRY PROFILE DRIVEWA ·-,· leellCAI !'=.20' HOOZCWTAL: f - -29 -28 -27 -26 -25 -24 -2J -22 -21 -20 -19 -18 -17 -16 -15 -14 -13 -12 -11 -10 -09 -08 S=-1.50)'; Item #4 April 11, 2017 Page 88 of 213 ADAMS STREET 11 CARLSBAD BOAT CLUB & RESORT SECT/ONA-A CONCRETE DRIVEWAY AT ADAMS STREET 60 80 CITY OF CARLSBAD TENTATIVE MAP CROSS-SECTIONS & DETAILS Clt/BHOUSE fl.OM=ta.JJ' SECT/ONE-E TOP OF ROOF! f/~, ------.-..... -..... -..... -.. --... --.--~·9f~3.0~ SECTIONB-B Nol msCAU. SECT/OND-D NO! TOSCA!l ,ND FLOOR=29.00 15' FLOOR=/8.00 SHEET 4 OF 4 CT 14-11 CUP 74-70 SHffT C4 Item #4 April 11, 2017 Page 89 of 213 WATER USE DIAGRAM & LANDSCAPE WATER BUDGET MAXIMUM APPLIED WATER ALLOWANCE (MAWA} MAWA = (ETo)(0.62)[.55xlA.J.0,3XSLA] MAWA = {46.5)(0.62)[.55x6,39B+0.3x0] MA.WA .. 101,450g81/yr IRIIClA]ON Nore ALL PLANTING AREAS SHALL BE IR:RIGATED ACCORDING TD PLANT TYPE AND ENVIRONMENTAL EXPOSURE, ALL IRRIGATED AREAS SHALL RECOVE UNiflJRM COVERAGE BY MEANS OF AN AUTOMATICALLY CONTROLLED, ELECTRICALLY ACTIVATED UNDERGROUND PIPED IRRIGATION SYSTEM FOR \o'ATER CONSERVATICN AND TATE OF THE ART AUTOMATIC CONTROL CAPABILITIES. A RE ACCORDANCE IJITH L LANDSCAPING. IRRIGATION SYSTEM WILL INITIALLY USE POTABLE \JATER BLJT 'wlLL BE DESIGNED Ta ACCOMMODATE RE:CYCLED IJATER INCASE RECYCLED 'wATD< BECOMES AVAILABLE IN THE FUTUR£. 60 8fJ """"' 7 10 15 1:20 2611 51ff1 LC-1 Item #4 April 11, 2017 Page 90 of 213 I SLOPE STNDARD& SLOPES Gil DR STEEPER RE!ilUIRING EROSION CONTROL MEASURES AS SPECIFIED HEREIN SliALL BE TREATED VITH ll'4E OR MtlRE OF THE FOLI..ll\JING PLANTING STANDARDS A. STANDARD l -COVER CR!JP/RONFOCEO STRA'w MATTING, COVER CROP SHALL BE A SEED MIX TYPICALLY MADE UP or QUICK GERMINATING AND FAST COVERING GRASSES, Cl.ClVERS, AND/OR VILD FLD'JERS. SUBMIT THE SPECIF"IC SEED MIX fOR CITY APPROVAL PRIOR TO APPLICATION, THE COVER CROP SHALL BE APPLIED AT A RATE AND MANNER SUFFICIENT TD PROVIDE 90Y. COVERAGE \r/ITI-IIN THlRTY (Jll) DAYS. TYPE OF REINf"ORCED STRA'w HATTING SHALL llE AS PROVIDED BY THE CITY AND STAKED TO THE SLOPE AS RECOMMENDED BY THE MANUFACTURER. RElNFDRCED STRAY MATTING SHALL BE REQUIRED 'wHEN PLANTING OCCURS BETVE(N AU6UST 15 AND APRIL 15. THE COVER CROP AND/OR RElNrDRCED STRAIJ MAT SHALL BE USED THE REMINDER OF THE YEAR. 11, STANDARD 112 -GROUND COVER DNE HUl'fDRED noo;o PERCENT OF THE AREA SHALL BE PLANTED \/ITH A GROUND COVER KNO\IN JCS (PLANTED FROM A MINIMUM SIZE OF L COVERAGE \IITHIN ONE YEARl, c. LO\,/ SPRE MINIMUM OF 2-3/4 INCH LINERSl SHALL COVtR A MINIMUM FACE (AT MATURE SIZD, D.STANDARD TREES AND SHALL BE <PLANTED FRffi.1 A MINIMUM OF' J GALLON CONTAINERS) AT A MINIMUM RATE OF ONE (1) PER T'o/0 HUNDRED (200) SQUARE FE£T, SLOPES 61l OR STEEPER AND, A. 3' OR LESS IN VERTICAL HaGHT AND ARE ADJACENT TO PUBLIC VAUCS OR STREITS REQUIRE AT MINIMUM STANDARD IH, B, 3' TO B' IN VERTtcAL HEI~T REQUIRE STANDARDS -Ill (EROSION CONTROL MATTING SHALL BE INSTALLED IN LIEU OF A COVER CROP), 112, AND ltJ, C. IN EXCESS Elf" S' IN VERTICAL HEIGHT REr.UIRE STANDARD 111 (EROSION CONTROL MATTING SHALL BE INSTALLED IN LIEU OF A COVER CROP), lt2, #3, AND 114, AREAS GRADED FLATTER THAN 6il REQUIRE STANDARD Ill CCOVER CROP) 'o/CTH TEMPORARY IRRIGATION 'JHEN THEY HAVE ONE OR HORE OF THE FOLLOVING CDNDIT!Dt'-IS, A. SHEET GRADED PADS NOT SCHEDULED FDR IMPROVEMENTS \r/ITHIN 6 MONTHS OF COMPLETION OF ROUGH GRADING, B, A PDTn!TIAL EROSION PROBLEM AS DETERHlNED BY THE CITY, C, IDENTIFIED BY THE CITY AS HIGHI.. Y VISIBLE AREAS TD THE PUBLIC IJR HAVE SPECIAL CONDlTJIJNS THAT ',,'ARRANT lMMEDIATE TREATMENT, SEE Pl.ANT MATERAL LEQEN'.) ON SHEET LC-3 MAINTENANCE AESPONSBUTY NQTE• Tl,[ PROPERTY O'JNERS ARE RESPONSIBLE" FOR THE CONTINUAL MAINTENANCE Of ALL LANDSCAPED AREAS CN SITE, THE EXISTING PLANTING AREAS 'wITHJN THE PUBLIC RIGHT-OF-VAY ARE TD BE MAINTAINED BY THE PROPERTY 01.tNERS, ALL LANDSCAPED AREAS SHALL BE KEPT fREE [IF VEEDS AND DEBRIS, PLANTINGS SHALL BE MAINTAINED IN A HEAL THY, VIGOROUSLY GROVING CONDITICN, AND SHALL RECEIVE REGI.Jl...AR PRUNING, FERTILIZING, HOl.t!NG AND TRIMMING. IRRIGATION SYSTEMS SHALL BE REGULARLY INSPECTED AND KEPT IN FULLY OPERATIONAL CCJNDlTION ACCORDING TO MANUFACTURERS' DESIGN STANDARDS AT ALL T[MES, LAf()SCAPE N01B 1, ALL LANDSCAPE AND IRRIGATION SHALL CONFllRH TO THE CITY OF CARLSBAD'S LANDSCAPE MANUAL AND ALL OTHER APPLICABLE STANDARDS AS OF THE APPROVED DATE l3F THESE PLANS, 2, TREES PLANTED WITHIN 5 FEET OF w'ALKS, CURBS OR PAVING SftALL BE PLANTED \r/ITH A ROOT BARRIER (BIO-BARRIER), 3. IF ANY [)(!STING HARDSCAPE DR LANDSCAPE INDICATED ON THE APPROVED PLANS ARE DAMAGED DR REMOVED DURING DOOLITIDN DR CONSTRUCTION, lT SHALL BE REPAIRED AND/OR REPLACED IN KIND AND EQUlVALENT SIZE PER THE APPROV£D PLANS BY THE 0\,/NER/PERHCTTEE. 4, ALL LANDSCAPE MATERIALS SHALL BE PERHANENTL Y MAINTAINED IN A GROVING N-ID HEALTHY CDNDITIDN AT ALL TIMES, lNCLUDlNG TRIMMING AS APPROPRIATE TO MAINTAIN APPROVED LANDSCAPE MATERIALS, 5, ALL PLANTING AREAS SHALL BE FINISHED ',,'ITH A 3 INCH LAYER OF SHREDDED BARK MULCH (ECOBARK) AVAILABLE THROUGH BUTLER'S MILL INC., (619) 263-3659 6. NCJ ENHANCED HARDSCAPE PAVING SHALL BE COUNTED TOVARD LANDSCAPE AREA CALCULATlat,S, 6. NO BRUSH NANAGEMENT SHALL BE REQUIRED FOR THIS PROJECT, PLANJWG ZONES: ZONE 1• NATLIRALIZING/TRANSITil]NAL ZDME 4• NATIVE PERCBlTAGES: TOTAL SITE SCUARE F"OOTAGEt 43,668 SC.FT ;,; OF TOTAL SITE USED FOR LANDSCAPING, 30,6i:(i3360SQFT> ii, ar LANDSCAPE AREA OF EACH PLANTING ZONE• zom::1,12.e7. ZONE a, or. ZCINt 3• OX ZCNE4•17,8i: I I I ,o 8(} LC-2 Item #4 April 11, 2017 Page 91 of 213 INNER COURTYARD AREA SCALE 1'30 PLANT MATERIAL LEGEND ~PI-IO[N[XROE3£_Ef.ll -,··· . SIISU]S, 0 <,Sf'LENIUMEU_8JFERLH 0ASPLEN!LMNIDUS ®r..:JLUCASJAlcSCULU,11\ 0 L!(USTRUM JAPONJCUM 0PHORM!JM TENAX 0 PHOR!'!ur1 'BR[NZE 3AB"' @PHILODENRDN'XANAEU' @m,um"cccec GsnEUTZ:ARF.:iJNAE GRJU/,DSCDVERS/VINES ~::>1:;::::~::;~~::::1 HHIERDCA_US 'YELLOV' [ilrl,A%:4h&YJ uRmPuM MLs.:1\R: 10'./;?',;}b;:?,:;;;-,j D"HlJPDGDN _/\'>ON:cus ~CLJV:/\JJINIATA ~TRACH~LOSPERJJU'!JASMINJID~S f,-,;,;~;::('%-'.//,:,(1;1 ~OSKARlNJS ornc)!\ILJS 'IIUNNINGTD!\ IlLU[' &;;c'.£'1§',.\':i~® :ARE)( DJVJLSA STRAl:iHTTRUNK,FUL_ STRAl:iHTTRU/.K,FLL_ STRA'.GHTTRL..Nk:,FULLHEI\D FULL A\JD 3USHY, GO[O COLOR 1>N1J1111.<;--1",r,1m:r:n1nR ANDilUS-1",GJD.I:CDLOR FULLANDEUSHY,CiDo::J:::OLDR rU_L AND 3USHY. :;om COLO~ FULLA'IDJUSIIY,GDCDCOLDR Fl.LL AND BL.SHY, GOOD CJLCR Fl.LL AND Bl.SHY, GOOD CJLCR FULLA!\DBUSHY,GODDCJLOR FLLLANDDLSIIY,GOODC.JL[R !-LLL ANJJ BL.SHY, L,LJUlJ CJLU< BLOW-UP OF COURTYARD AREA M~fl~ ta6 IRRlGA TlON NOTE: 2 nEES PLANTE! 'wlTHN 5 FEET OF WALKS, CUl<BS OR P/\Vl'JG SHALL BE PLANTED ,1n A ROOT ]ARR!C~ (DJD BARR!CR) All PIA'JTJNG flR:CM; SHAii llf FTNTSI-FIJ \.IITH ti" lNr:H ll\YfR nF S-IRFlnFIJ Rl\RK HULCI-'.ECOBARl<J AVAILABLE THROUGH BJTLER'S HILL rr,c, '.61')) 263-3659 6 NJ ENH/\NCED 1-ARDSCA"E Pf\V!!\G SHf\LL EE CDUN1EC TD\.11\RD lf'NOSCAPE f'R~/\ CI\LCULAt:ONS 7. NC BRUSH MANAGEME'r SHALL llE BE REQJIR:O:D FDR TH[S PRD-E:- SCALE 1'4 ~=-=-f+- 1 PL.ANTING ZONES: PERCENTAGES, TtlTALSlTES(;UAR[FJOTA(i[t LJ,668SCFT % Of TTAL SIE l.SED FD~ LANDSCA"JNG, % OF LA'IDSCAPE A~EA Of EA2H PLAtH!NC: ZONE• ZON[2 J% ZON[3 J% ZO!\E 4, 178% I 2611 SIUf LC-3 Item #4 April 11, 2017 Page 92 of 213 ZONE 1-1.USH LANDSCAPE 1. Criteria: a. Zone One should be utilized only in areas of a development which require a lush green landscape such as areas of high use or visual importance. b. The plantings require an Intensive maintenance operation to produce the desired appearance c. This Zone's anticipated appearance relies on large amounts of Irrigation. Annual amounts for a healthy, malura landscape are estimated at over thirty (30") inches of supplemental water annually. 2. Description: Zone One may be thought as a tradtlonal landscape, green, lush, and flowering. Most plants used to produce this effect do not come form a semi-arid type climate found In Southern Callfomla. These exotic plants require large amounts of water and intensive maintenance. Although Carlsbad has a mild lemperale climate, It remains a semi-arid region, characterized by poor, infertile soil. Natural lush landscapes are found within our area, but only in very limiled micro-cllmates whose special enviroment can produce the requirements to support this types of landscapes. This natural pattern of Umlted lush landscapes should act as a guide for Zone One's use. These lush landscapes should be utilized for areas of intensive use is as a sensory rich selling in areas visible end important to the majority of users, such as entries, courtyards, pedestrian ways, and recreational areas. ZONE 4-NATJVE LANDSCAPE 1. Criteria: a. Zone Four Is an area of existing vegetation whose native character shall remain with very lltue modification. b. It is planned for low-level active use, which is compatible with the area's natural character. c. In this zone, no water is required. The use of lrrigalion can adversely affect many plants found In this zone. Introduced plants should be watered lndlvldually 2. Description: zone four consists of natural vegetation, native or naturalized, In which there Is no or very HtUe disturbance from site improvements. An area may be planned as a Zone Four landscape to preserve It physical features, its qualltles as a natural ecosystem, wlldllfe habitat, or as open apace. These qualities may be used to provide passive recreational opportunities, possibly !Inked to hiking trials. Zone Four will require a minimal level of upkeep. Its maintenance program will consist of periodic control of debris and minor clearlng and/or pruning for fire protection and removal of nonnative species. Retained in their natural non-irrigated condition, these areas will remain relatively dry. Due to this characteristic, a "Fire Protection Programw may be required. PERCENTAGES, XCl' fDf!L~ftll!ttlfa,LMJ!(.Hl(> Xl.6Xn:ooJ~rJ XO'l.NO'Ol'f/NAO'£'ll1 ....... A r--.--p 87 ::.!: ~ ::.!: ~ g ~ !li ~ 0 (.) 1~irfiOR In i,.;; ; 6P OP Item #4 April 11, 2017 Page 93 of 213 Protect Our Lagoon and Neighborhood Carlsbad Lagoon Protection Council () RECEIVED SEP 21 2016 CITY OF CARLSBAD PLANNING DIVISION Show support for the Agua Hedionda Lagoon and neighborhood. Object to the development of a 20-unit timeshare on Adams St. for the following reaso.ns: l1ttp://w;,;;~,.:;c~:2;:s:~om;petltlon/keep-carlsb:1d-iagoon-l oc~I 9/21/16, 9:06 AM Page 1 of 68 Item #4 April 11, 2017 Page 94 of 213 1. The proposed structure size and design do not conform to the neig0~6t hood. 2. This proposed development could bring in 3,000 to 4,000 new users t o the lagoon each year. The water quality of Aqua Hedionda is already in jeopardy of pollution according to the State Water Control Agency. More users will accelerate contamination. 3. Adams Street has 7 blind turns and has only 5% paved sidewalks. By adding hundreds of unfamiliar drivers in a vacation mode to a street that is highly used by pedestrians, joggers, and cyclists; accidents are certain . HIGHLIGHTS Petition has· reached 100 signatures! We are now Live! 96 COMMENTS .... --·-' _, ... , "· .,; . Susan Sauter United States, Fallbrook Sep 1'1. 2016 ~ ~ · I -:.(lo upvote reply show Filter This is a horrible project. The lagoon is taxed to the max as it is, as are our residential streets. NO .. NO .. NO good to our community will come of this project Alex Torreblanca United States, Carlsbad Sep 21, 2016 upvote reply show http://w1i./w.ipat1tions.com/petitlon/keep-car1sbacl-i<lgoon-local 9/21i16, 9:0G AM PagQ 2 oi' 68 '·-:.. Item #4 April 11, 2017 Page 95 of 213 .. :._ :, . ~. . . NO to the project Shirley Forsch United States, Carlsbad Sep 21, 2016 I ~ ll l1llb upvote reply show This should not be in an area of single family homes! Janis Bandich United States, Carlsbad Sep 21. 2016 *' ll. 2016 upvote reply show This 20=unit Timeshare proposal is completely inappropriate for a residential neighbor, for the impact on the Lagoon, and for the traffic issues on Adams. Debra Mullin United States. Carlsbad Sep 20. 2016 ~ lJ. ?01 upvote reply show I am against the proposed 20 unit timeshare on Adams Street Thomas Shearer United States, Carlsbad Sep 20. 2016 s .. p o ~ , 6 nttp://www.ipetltlons.tom/petJtio11/keep-carlsb(ld-lagoon-loc~I 9/21/1 6, 9:06 AM Page 3 of 68 Item #4 April 11, 2017 Page 96 of 213 -'· .· ~ ., ~I • -., .. '. ~ upvote reply show I live near Park and Bayshore and I am also a bicyclist. The safest route to get to Coast Hwy is along Adams Street If the development is approved El Camino Real would be my only option. Kristine Wright United States. Carlsbad Sep 20. 2016 4' i 11 ~Olt upvote reply show I object to the development of 20 unit time share at the Carlsbad Boat club on Adams St This project is to large for such a small area of land and has been successfully used in the past as having restaurants. Robert Johnson United States, Carlsbad Sep 20, 2016 ~ · h Ji. It, upvote reply show the north side of the lagoon is a residential area it does not need a timeshare. Deborah Cowden United States. Carlsbad Sep.20,2016 -·r .:( upvote reply show ~\.. lb We live near the south end of Highland, just above Adams and the lagoon. and the neighborhood cannot support extra traffic. Neither can the lagoon support any extra pollution. lrve seen first hand how vacation rentals .effect our quiet neighborhood, as the house across the street from us was sold to investors and is now a vacation rental. Non residents are rude, noisy at night, perhaps not realizing we enjoy, and deserve, our privacy and quiet. Anonymous Sep '20. 2016 http:/iwww.fpetftfo11s.com/petftlon/keep-carlsb.:1d-lagoon-Jocal 9/21/15, 9:06 AM Page 4 of 68 Item #4 April 11, 2017 Page 97 of 213 ·:.:•. ~ upvote reply show We live on Highland Dr and are 100% against this! Syndi poling United States, Carlsbad Sep 20, L016 {!>;. upvote reply show I live on the lagoon James Courtney United States. Carlsbad Sep 20, 2016 , {""-. :··. ,1 :. 2t 11:i upvote reply show Before signing this petition, please be advised that it contains misleading and false statements in all 3 stated reasons. Statement# 1 is FALSE! Please read the Staff report to the Planning Commission to learn the truth. Statement# 2 is FALSE! Common sense will tell you, that it's simply an outrageous statement! Statement# 3 is FALSE! He says, "Adams has 7 blind curves and is only 5% paved''. That's ridiculous! It's a standard city street, and is paved. Drive down Adams St. and see for yourself. A commercial restaurant and Boat rlub have been operating at this site.since the 1950s, charged with approximately 570 trips per day. The timeshare project will generate 200 trips per day, which is about 60% LESS! That is correct: It reduces the traffic far below the previous allowed coomercial uses and makes the street safer. Check with the City for the actual facts. If you have already signed this petition, because you took the word of one person who has an ulterior motive, I recommend you have your 11ame deleted before it is soiled when the truth is revealed. http://www.ipetitions.com/petition/keap-carlsb~d-lagocn-local 9/21/16, 9:0o AM Page 5 of 68 Item #4 April 11, 2017 Page 98 of 213 II. Elizabeth Ward United States, Carlsbad Sep 19. 2016 ·{>.. •9. Wit, ··~ ' upvote reply show Adams street absolutely CANNOT accommodate a timeshare! Way too many people in one place. I can't imagine aU the cars going in and out through that small street, speeding around those dangerous curves. My parked car got hit last week! It could have been a person! Carol'y'.n Rodosta United States, Carlsbad Sep19,2016 , ~ -1 F 2016 upvote reply show A timeshare property has no business on Adams street, no matter how large or small it is. One goes to a timeshare to see an area, in this case San Diego. People will be making numerous trips back and forth on Adams, a street not set up for traffic and unsafe for the timeshare occupants as well as for people who Live in Carlsbad. Shirley Anderson United States, Carlsbad Sep 19, 2016 ~ upvote reply show , Please no more timeshares. Gail Huntington United States, Carlsbad Sep 18, 2016 . 18 J( lt. upvote reply show Please do not allow this time share unit to be built. It will ruin our lagoon and add more traffic and congestion. Anonymous Sep 17. '.2016 '?<.. upvote reply show http://www.ipelltions.com/petition/keep-carfsbad-lagoon-local 9i21/16, 9:06 AM Page 6 of 6S '- Item #4 April 11, 2017 Page 99 of 213 Dumb idea Michael Maras United States, Carlsbad Sep 17, 2016 4" :·: upvote reply show Save the lagon! •' . ,•,\' .. ;·.·:' Ano_1:ymous Sep lt.1016 <-"' upvote r·eply show 11 Win I own and Live on Cove Dr. And do not want this development Anonymous Sep 17. 2016 ~ upvote reply show I I lOlt, The Adams Street Area is not sufficiently prepared to safely support the proposed timeshare development. The development should not be completed. jean Isbell United States, Carlsbad Sep 17, 2016 <"' --= ti f"'ll6 upvote reply show This development should be denied. i1ttp://www.ipetitlo11s.corn/petltion/keep-carlsb~d-lagoon-toc,:,.I 9/21/16, 9:06 AM Page 7 of 68 Item #4 April 11, 2017 Page 100 of 213 -.. · . • _. _ _. .... Laura Drelleshak United States, Carlsbad Sep 17, 2016 ~ -e 17 201 upvote reply show The location is not appropriate for any development of this size, and especially not timeshares . sandra meador United States, Carlsbad Sep 17. 2016 -¢,., upvote reply show · Sandra Meador Sma1t Growth, not growth for the sake of growth and developer profits. Josh Leupold United States, Carlsbad Sep 17. 2016 c 11 tOlr., upvote reply show I run Adams St regularly, often with rny daughter, and the additional traffic from short-term tenants unfamiliar with the area and without any real investment in the community and keeping it safe is dangerous. Doris Schiller United States, Carlsbad - Sep 17. 2016 . <,,_ ~. 117. 2( upvote reply show Not the right place for time-shares http:/Jv,ww.ipetitions.com/petltion/keep-carlsbad-lagoon-local 9/21/16, 9:06 AM Page 8 of 68 ~- Item #4 April 11, 2017 Page 101 of 213 •. -. ; -. : ·-·· .. .• ,i ;·:·:· . ;" -,:'• ~ .:,. --. Anonxmous Sep 17, L016 ~ , 17 Zt lb upvote reply show I've lived in north county my entire life and never thought that it would look the way that it does now. we are one step away from being Los Angeles. Gone is the quiet little beach town, and in its place a congested, polluted city with every spare inch of free land being built upon. It's time to say no more. ~enn~ Jo,hnson United States. Carlsbad 5ep 17. ~Olo ~ _ , 17 j ()fo upvote reply show Time shares in that area are not a good fit ! Keep it a residential area. Emi~ Schroder United States, Carlsbad Sep 1,. 2016 ~ 7 20lo upvote reply show Please, No timeshares on Adams for all the reasons indicated in comments already posted. Miriam brunhaver United States, Carlsbad Sep 17, 2016 ... ,· http://www.ipet!tions.com/petitlon/keep-carlsbad-Jagoon-Jocat 9/21/16, 9:06 AM Paga 9 o1 68 Item #4 April 11, 2017 Page 102 of 213 '··( .. {,,. upvote reply show No on timeshare Don Burton United States, Carlsbad Sep 16.1016 *-lo , Ht', upvote reply show These people have no shame. It's the same group every time. all the so- called do-gooders who are in tight with the local establishment so sick of it. Time for some serious change come November 8. Dan Kalin United States, Carlsbad Sep 16. 2016 ~ 16 2011'J upvote reply show We don't need it and we don't want it. Anonymous Sep 16. 2016 <.,,,. upvote reply show Huge safety concern sharon johnson United States. Carlsbad Sep 14. 2016 " 1 ' i. http://11,'Ww.ipetitl9.n.s.;com/petition/keep-carlsbad-lagcon-local 9/21/16, 9:06 AM Pag<: 10 of 68 Item #4 April 11, 2017 Page 103 of 213 :~ .. ~--. • .. ~ .. :-.,. ~ upvote reply show My concern is that the soil that this large development will be built on is basically sand ..... not smart. Elizabeth banks United States, Carlsbad Sep 02. 2016 '"" ~ oi w1i upvote reply show Developers use timeshares so they won't have to contribute to schools. Also timeshares don't count toward the city build out requirements. Good for .all except the citizens that live here. · No timeshares by the lagoon steve commins United States, Carlsbad Aug 28. 2016 *'--. HJ '016 upvote reply show a time share complex is not an appropriate addition to this neighborhood and would not fit the current character of the area Anonymous Aug 28, 2016 ~ upvote reply show No time shares! There are enough places for visitors to stay. The lagoon is already too crowded. Anonymous Aug 18. 20 16 '. . .{(., ~ http://WWW.lpetftlons.con,/pi!tltion/keep-ca rlsbad-lagoon-local 9/21/16, 9:06 AM Pago 11 of 68 Item #4 April 11, 2017 Page 104 of 213 . : ,·· ~: .. . : "::r. ~ upvote reply show No more building . Penny Johnson United States, Carlsbad Aug28.2016 {,,.. 26 2016 upvote reply show Stop the madness that this city council and planning commission keep trying to shove on us!! Anony:mous Aug 28. 2016 <..... upvote reply show Just say NO! T Brown United States, Carlsbad Aug 28. 1016 ("', 2a . :tG1t, upvote reply show To ensure the preseNation of the lagoon, we do not support further building and development on and surrounding tghe Agua Hedionda Lagoon. Anony:mous Aug 28.1016 ht_!p:/ /\YV,w.)i:,etltlons.c,:;m/petlt!on/ke~ p-csrl sbact-1 ag con-local 9/21/16, 9:0G AM Page 12 of 68 '· Item #4 April 11, 2017 Page 105 of 213 ~ ~-·. -·'• . . ' .. •'."- upvote reply show Let's work together to keep Carlsbad dean and preserved. Anonxmous .A.ug 28.2016 *" upvote reply show ., 2. 6 No condos on the lagoon Linda seymour United States, Sacramento Aug 27. 201 6 ~ 27 upvote reply show 6 No timeshares on this lagoon Linda Farnsworth United States. Carlsbad Aug 27, 2016 ~ n .lOlb upvote reply show Unlike a single homeowner.time share developments bring in de-facto "renters" with no sense of ownership and stewardship of Carlsbad's natural resources. Out of town tourists already leave too much impact in · the form of trash left on these lagoon beaches and crowding street parking. This is a sensitive environment that needs to be protected. Jaime l<essinger United States. Carlsbad /1.ug 27, 2016 ,. .l, ;_.I 7 ~ -· - http:/ /www.lpe tit! on s.comh>el itlon /keep-oar Is bad-1.;goon-loca I 9/21/16, 9:0G AM Page 13 of 68 Item #4 April 11, 2017 Page 106 of 213 *" upvote reply show The lagoon is already over crowded during peak season as it is. l(ristine Wright United States. Carlsbad Aug 27, 2016 {>.. ll 201c., upvote reply show I agree that we do not need time share units on our lagoon. Anonymous Aug 27. '201 6 ~ upvote reply show 1 . I agree Tamara De Santi United States, Carlsbad Aug 26. 2016 ,J:.., upvote reply show. 4c'. l<eep our water is dean! Anonymous Aug 14. '.20i6 http://www.!petttioris.com/petition/keap-carlsbad-iagoon-Jocal 9/21/16, 9:06 AM Page 14 of 68 Item #4 April 11, 2017 Page 107 of 213 ... · -~· .. ~ upvote reply show As a Long time employee of the carlsbad lagoon I've spent much time on Adams st driving to and from work. Ive already had many close calls on this road as there are many blind turns and no sidewalks for pedestrians or cyclist. I feel safer driving on the S fwy then i do driving on Adams st These timeshares will bring unfamiliar drivers in to a an already precarious situation. ''Adams st. belongs to the joggers and cyclist of carlsbad". keep our streets safe and traffic low. Alli see is bad news when i think of these time shares. Anonymous Jlll16. 2016 <"'"' lb >Qlt upvote reply show North Coastal San Diego has seen an a much higher percentage rate of high density housing than any other southern calif. area. Enough! We need to vote out any council members who continue to vote for this kind of growth. Anonymous Oct 19, '.zo1s 4' upvote reply show 19 !Vlc This would be detrimental to the family neighborhood. Steven Bandich United States, Carlsbad Sep 12. 2015 ~"" ' . J. ·'· " upvote reply show The addition of 20 timeshare units with associated docks and water access, in a very confined and con jested area of the Lagoon, will certainly add to the potential for safety and loss of enjoyment issues. Janis Bandich United States, Carlsbad Sep 1t 2015 h1tp:f/wv,v1.ipet!tions.com/petltion/keep-carlsbaci-lagoon-local 9/21/16, 9:06 AM Page 15 of 63 Item #4 April 11, 2017 Page 108 of 213 ' '' '~... ·. . - <,,.. ,,_ ll. lOlS upvote reply show I agree that a timeshare on the Lagoon would add severe impact to the ecology of the environment and add many more to an overcrowded use of limited resources and supervision, which will lead to escalating many safety issues that al ready exist and are not being dealt with currently. Gitiand l<iumars samadani United States Sep 05. 2015 +-05 201.; upvote reply show This is a small community safe and secure do not ruin it Kirk Gruenwald United States, Carlsbad Sep 03. 2015 ~ upvote reply show, 1)3 s Traffic would be a problem. spencer gonzalez United States, Newport Beach Aug 28, 2.0i'S ~ ', 2 1015 upvote reply show we just moved to Bayshore and prefer the traffic to remain as is. RobertaJ Ash United States, Carlsbad Aug 25, 2015 http:/f.,:ww.ipetitions.com/p~tition/lrnep-carlsbad-iagoon-locat 9/21i"i6, 9:06 AM Page. 16 of 68 Item #4 April 11, 2017 Page 109 of 213 ·,.-,·. ~: ...... ., . . -.: .. , ; ~ Upvote reply show NO TO LAGOON DEVELOPMENT!!! Roberta Aah Doherty United States, La Puente Aug 25, 2015 <=-, E. 1015 upvote reply show NO TIMESHARES ON LAGOON Christine. Griffin United States. Carlsbad Aug 24. 2015 ~ upvote reply show 1 Thank you Anonymous Aug 24, 2015 ~ upvote repty show 11 W15 No! I do not want more traffic on Adams; the bLlnd curves are so dangerous at this point you can barely cross the street for fear of being hit! Anonymous Aug 24, 2015 \, ., ' http://V(~'lw.ipetltions.com/pGtltion/keep-carlsbad-la;;toon-local 9/21/16, 9:06 AM Page 17 ct es Item #4 April 11, 2017 Page 110 of 213 ".'-•:'(' ~ ··· .. ' ', <?-. upvote reply show We are against these timeshares and want to keep the lagoon natural!!! Anonymous ·· Aug 23, 2015 4-.. upvote reply show 2J 2015 Any project that establishes a transient population has no business in an established residential neighborhood Bruce Roelofs United States, Carlsbad Aug 21. 2015 $-. , 11. JO\, upvote reply show I am vehemently opposed. How can this be forwarded like an e-mail? Stephen cramer United States, Carlsbad Aug '.lO. 2015 <"" lO. ~m· upvote reply show I am against any proposed time share or other residential development on the lagoon marydawn gonzalez United States, Carlsbad Aug 20. 2015 . hrtp://www.Jpetitlons.corn/p~tltlon/keep-c.arlsbad-lagoon-lc:oal 9/21/16, 9:06 AM P~ge 18 ot 68 Item #4 April 11, 2017 Page 111 of 213 : . ~ .;·.-: ~ upvote reply show Thank you for the heads up. jj United States, Carlsbad Aug20.2015 ~ upvote reply show Is this a legitimate petition? Where can we sign something that has legal standing? Anonymous Aug20.2015 <:>s upvote reply show This project is inconsistent with the surrounding residential uses and fails to meet the compatibility requirement for issuance of a conditional use permit. It will create traffic, safety, and noise issues that will adversely affect the values of the surrounding single-family homes. It's a poorly- conceived, poorly-designed project that should be rejected by the City. Anonymous Aug 19. 2015 ("'-. 14 upvote reply show (, Don't ruin my peaceful home. Sandra Blake United States, Carlsbad Aug i9. 2015 ti' ? . r http:i / w1w. lpetltions.com/µetitio l'l/ke,3 p-carlsbad-lagoon-!ocal 9/21/'16, 9:06 AM Page 19 of 68 Item #4 April 11, 2017 Page 112 of 213 . • • :c• -'..,' . : -. ,._:' _.'. :=;:~ ... ' . . ~ ... <"" upvote reply show This is not an environmentaUy sound proposition. Adams Street cannot handle this type of traffic. Brian United States, Carlsbad Aug 19, 2015 *'-19 l0t5 upvote reply show A timeshare whether on the lagoon or upslope is an inappropriate use of a sensitive environment. Russ Shafer United States. Carlsbad AugT9. 2015 +.. 1·.201=: upvote reply show I support this petition and it's effort to protect Aqua Hedionda Lagoon . Linda Shafer United States, Carlsbad Aug 19, 2015 <-,,., II) JOl5 upvote reply show I am against the proposed development. To me. Carlsbad's charm has been it's open space and dedication to nature and recreation. This development in particular will negatively impact the City, and the lagoon in particular, by adding density and heavy tourism with potential disrespect for our natural habitat. Alex Ning United States. Carlsbad Aug 19, 2013' L f-i ~ . http:{iwww.ip,;tltions.eornipetltion/ke~p-carlsbad-l«goon-lo~I 9/21/16, 9:06 AM Paga 20 of 63 Item #4 April 11, 2017 Page 113 of 213 '., ~ . ...... ; : . .:,.-; ~~ ·, ... ~ upvote reply show I support this petition. Erik Geraldon United States, Carlsbad Aug 19, 2015 ~ , tn 201S upvote reply show No way ... the lagoon is too small for such a big development. l<eep it the way it is!!! Larry Gera{dson United States. Carlsbad Aug ltJ. 2015 ~ !9 lOIS upvote reply show I support the petition ... this area doesn't need more traffic. ute ge. ra[dson United States. Carlsbad Augl'.1, 2015 ~ upvote reply show I am against more development on the Lagoon. Fred Jansson United States. Carlsbad Aug 18. 2015 · ! '• http://www.ipetitio11s.corn/pet!tiol'l/l(eep-carlsbad-lagoon-!ocal 9/21/16, 9:0G AM ?:ige 21 of 68 Item #4 April 11, 2017 Page 114 of 213 1 :·.:-:··· , ... , ~ upvote reply show It is going to threaten the lagoons eco system Anon~mous Aug 18 . .<.015 ~ upvote reply show . '" ' ) I am against the proposed development for the reasons of increased traffic as well as potential impact in other regards to this delicate area. Bruce Roelofs United States, Carlsbad Aug 18. 2015 ,("' 1t ]01 • upvote reply show I am vehemently opposed for all the same reasons -traffic, parking, pollution, disrespect for the lagoon and our community, decreasing property values, etc How can we best spread this information? Sharon Johnson United States. Carlsbad Aug 18, 2015 4',. upvote reply show Years ago a destination hotel was proposed on the lagoon. Residents in the neighborhood fought the project and the proposal was denied. Adams Street is a designated scenic route and no structures can exceed the height of Adams. Dian Sodano United States. San Diego Jun 02. 2015 I - http://wv,w.ipetltiohs.com/petltion/keep-carlsbad-lagoor.-!ocal 9/2i/16, 9:06 AM Page 2.2 of 68 Item #4 April 11, 2017 Page 115 of 213 ....... -. ... · .. ·. •.. ' .. : i~ upvote reply show I whole heartedly agree with this petition, this resource is fragile and 20 (really 20) more units of unfamiliar visitors is not responsible. All of us property owners have had to downgrade our developments over the years as density has gone up. Travis Washburn United States, Atlanta May 21, 2015 ~ upvote reply show ., , C Locals only Amber depace United States, Carlsbad May 19. 2015 *°' I 11} 201') upvote reply show There is not enough Space and the lagoon is small it is already over crowded in the summer time. Parking would be an issue too . And these are peoples homes . Martin Pohlmann United States, Carlsbad May 18. 2015 ~ upvote reply show I support this petition. ll Michael M. oat United States. Corona May 14. 2015 . 1· • 'f . ' '- http://www.ipetitions.com/petition/keep-c<1rlsb:.1d-lagoon-local 9/21/16, 9<06 AM Pag,;, 23 of 68 Item #4 April 11, 2017 Page 116 of 213 ·.:: .. {>.. upvote reply show As a professional real estate agent , a time share is not conducive to a single family neighborhood Jeanette Werner United States, Vista May 14, 2015 ~ ..... upvote reply show The lagoon is a special place in Carlsbad that should not be allowed to be deteriorated by people coming and going with no regard for the natural beauty. Tiffani Baumgart United States May14,2015 ·*'-"'q m,~ upvote reply show Please help perserve the lagoon! It now has the perfect balance of fun and serenity. With a time share comes chaos! Anonymous May 13. 2015 <i""-. upvote reply show Bad place for timeshare environment Randy: United States, Carlsbad May13.2015 <"<. { ,, ~01.; upvote reply show Commercializing a local Laguna for a tourist spot will PROVE to pay otf. .. Just ask the city of New Braunfels Texas. The new "state of the art condos'' have brought unwelcoming guest whom have littered the local rivers & streams with unwanted beer cans, cigarette butts & loud noise comptaints at random hours of the night so I will contest to this unlawful action of http://www.fpetltions.corn/petition/keap-carlsbad-l8goon-local 9/21/16, 9:06 AM Page 2.4 oi' oS Item #4 April 11, 2017 Page 117 of 213 8/14/i',016 Petition Keep Carlsbad Lagoon Local and only 5% paved side-walks. I am also concerned about a lack of respect for the lago·on visitors may have to our lagoon. 2 HIGHLIGHTS Petition has reached 100 signatures! We are now live! COMMENTS Anonymous Aug 14, 2016 +--Aug14,2016 upvote reply show Filter As a long time employee of the carlsbad lagoon I've spent much time on Adams st. driving to and from work. Ive already had many close calls on this road as there are many blind turns and no sidewalks for pedestrians or cyclist. I feel safer driving on the 5 fwy then i do driving on Adams st. These timeshares will bring unfamiliar drivers in to a an already precarious situation. "Adams st belongs to the joggers and cyclist of carlsbad". keep our streets safe and traffic low. Alli see is bad news when i think of these time shares. Anonymous Jul 16, 2016 +--Jul 16, 2016 upvote reply show North Coastal San Diego has seen an a much higher percentage rate of high density housing than any other southern calif. area. Enough! We need to vote out any council members who continue to vote for this kind of growth. Anonymous Oct 19, 2015 .._ Oct 19, 2015 upvote reply show This would be detrimental to the family neighborhood. http://www.ipetitions.com/pctitionlkee?-car!sbad-Jagoon-loc?J 2/17 Item #4 April 11, 2017 Page 118 of 213 8/14/2016 Petition Keep Carlsbad Lagoon Local Steven Bandich United States, Carlsbad Sep 12. 2015 +.. Sep 12. 2015 upvote reply show The addition of 20 timeshare units with associated docks and water access, in a very confined and con jested area of the Lagoon, will ce1tainly add to the potential for safety and loss of enjoyment issues. Janis Bandich United States. Carlsbad Sep 11. 2015 +.. Sep 11. 2015 upvote reply show I agree that a timeshare on the Lagoon would add severe impact to the ecology of the environment and add many m'ore to an overcrowded use of limited resources and supervision, which will lead to escalating many safety issues that already exist and are not being dealt with currently. Gitiand l(iumars samadani United States Sep OS. 2015 +.. Sep 05, 2015 upvote reply show This is a srrialt community safe and secure do not ruin it l<irk Gruenwald United States, Carlsbad Sep03.2015 +.. Sep 03, upvote reply show201s Traffic would be a problem. h!!p:l/www.ipetilions.com/pctitionikeep-car!sbad-lag0ori-local 3/17 Item #4 April 11, 2017 Page 119 of 213 8/14'4016 Petition Keep Carlsbad Lagoon Local spencer gonza[ez United States. Newport Beach Aug28,2015 +... Aug 28, 2015 upvote reply show we just moved to Bayshore and pref er the traffic to remain as is. Roberta j Ash United States. Carlsbad Aug25,2015 +-s Aug 25, 2015 upvote reply show NO TO LAGOON DEVELOPMENT!!! Roberta Aah Doherty United States, La Puente Aug 25, 2015 +... Aug 25, 2015 upvote reply show NO TIMESHARES ON LAGOON Christine Griffin United States, Carlsbad Aug 24, 2015 .... upvotc reply show Aug 24. 2015 Thank you hup://wwwipetitions.com/pctitionlkeep-carlsbatl-lagoon-local 4/17 Item #4 April 11, 2017 Page 120 of 213 8114/2016 Anonymous Aug 24. 2015 Petition Keep Carlsl:>ad Lagoon Local +.,_ Aug 24. 2015 upvote reply show No! I do not want more traffic on Adams; the blind curves are so dangerous at this point you can barely cross the street for fear of being hitl Anonymous Aug 24, 2015 +-. Aug 24, 2015 upvote reply show We are against these timeshares and want to keep the lagoon natural!!! Anonymous Aug 23, 2015 +-. Aug 23, 2015 upvote reply show Any project that establishes a transient population has no business in an established residential neighborhood Bruce Roelofs United States, Carlsbad Aug 21, 2015 ..._ Aug 21, 2015 upvote reply show I am vehemently opposed. How can this be forwarded like an e-mail? bttp;l/wwwjpetitions.corn!pttitionikcep-carlsbad-lagoon·local 5/17 Item #4 April 11, 2017 Page 121 of 213 8/14~016 Petition Keep Carlsbad Lagoon Local Stephen cramer United States. Carlsbad Aug20.2Dl,5 +.. Aug 20, 2015 upvote reply show I am against any proposed time share or other residential development on the lagoon ma1ydawn gonzalez United States, Carlsbad Aug 20, 2015 +., Aug 20. upvote reply show201s Thank you for the heads up. jj United States, Carlsbad Aug20,2015 +.. Aug 20, 2015 upvote reply show Is this a !egitimate petition? Where can we sign something that has legal standing? Anonymous Aug 20, 2015 +.-. Aug 20. 2015 upvote reply show This project is inconsistent with the s1.mounding residential uses and fails to meet the compatibility requirement for issuance of a conditional use permit. !twill create traffic, safety, and noise issues that will adversely affect the values of the surrounding http:lfwww.ipctitions.comlpctitionJkeep-cadsba<l-Jagoon-local 6/17 Item #4 April 11, 2017 Page 122 of 213 8/14/2016 Petition Keep Ca;Jsbad Lagoon Local single-family homes. It's a poorly-conceived, poorly-designed project that should be rejected by the City. Anonymous Aug 19. 2015 +-. Aug 19, upvote reply show201s Don't ruin my peaceful home. Sandra Blake United States. Carlsbad Aug 19, 2015 +-. Aug19,2015 upvote reply show This is not an environmentally sound proposition. Adams Street cannot handle this type of traffic. Brian United States, Carlsbad Aug 19, 2015 +... Aug 19, 2015 upvote reply show A timeshare whether on the lagoon or upslope is an inappropriate use of a sensitive environment Russ Shafer United States, Carlsbad Aug 19, 2015 +.. Aug 19, 2015 upvote reply show I support this petition and it's effort to protect Aqua Hedionda Lagoon. http:/fwww.ipetitioris.comlpetilionlkccp-carlsbad-lagoon-local 7/17 Item #4 April 11, 2017 Page 123 of 213 8/141;!016 Petition Keep Carlsbad Lagoon Local Linda Shafer United States, Carlsbad Aug19,2015 +,., Aug 19, 2015 upvote reply show I arn against the proposed development. To me, Carlsbad's charm has been it's open space and dedication to nature and recreation. This development in particular will negatively impact the City, and the lagoon in particular, by adding density and heavy tourism with potential disrespect for our natural habitat. Alex Ning United States. Carlsbad Aug 19, 2015 +... Aug upvote reply show19, 2015 I support this petition. Erik Geraldon United States, Carlsbad Aug 19, 2015 +... · Aug 19, 2015 upvote reply show No way ... the lagoon is too small for such a big development l<eep it the way it is!l! Larry Geraldson United States, Carlsbad Aug 19. 2015 +... Aug 19, 2015 upvote reply show I support the petition ... this area doesn1t need more traffic hltp://www.ipetitions.com/petitionikcep·cai-Jsbad-lagoon-local 8/17 Item #4 April 11, 2017 Page 124 of 213 8/14/2016 Petition Keep Carlsbad Lagoon Local ute geraldson United States, Carlsbad Aug 19, 20'15 +... Aug19,2015 upvote reply show I am against more development on the lagoon. Fred Jansson United States, Carlsbad Aug 18, 2015 +... Aug18,2015 upvote reply show It is going to threaten the lagoons eco system Anonymous Aug 18, 2015 +... Aug18,2015 upvote reply show J am against the proposed development for the reasons of increased traffic as well as potential impact in other regards to this delicate area. Bruce Roelofs United States, Carlsbad Aug18,2015 +... Aug 18, 2015 upvote reply show I am vehemently opposed for all the same reasons -traffic, parking, pollution. disrespect for the lagoon and our community, decreasing property values, etc. How can we best spread this information? http:f/www.ipeti!ions.com/pctition/kccp-car!sbad-lagoon-local 9/17 Item #4 April 11, 2017 Page 125 of 213 E/14/;WHi Petition Keep Carlsbad Lagoon Local Sharon Johnson United States, Carlsbad Aug18,2015 +... Aug18,2015 upvote reply show Years ago a destination hotel was proposed on the lagoon. Residents in the neighborhood fought the project and the proposal was denied. Adams Street is a designated scenic route and no structures can exceed the height of Adams. Dian Sodano United States, San Diego Jun 02,2015 +--Jun 02, 2015 upvote reply show I whole heartedly agree with this petition, this resource is fragile and 20 (really 20) more units of unfamiliar visitors is not responsible. All of us property owners have had to downgrade our developments over the years as density has gone up. Travis Washburn United States, Atlanta May 21, 2015 .... upvote reply show May 21. 2015 Locals only Amber depace United States, Carlsbad May 19, 2015 +--May 19, 2015 upvate reply show There is not enough Space and the lagoon is small it is already over crowded in the summer time . Parking would be an issue too . And these are peoples homes . hup://www.ipetiticms.com/petition/keep-carlsbad-lagoon-local 10/17 Item #4 April 11, 2017 Page 126 of 213 8!14/20]6 } . Petition K1:ep Carlsbad lag Don Local Martin Pohlmann United States. Carlsbad May 18. 2015 +., upvote reply show May 18, 2015 I support this petition. Michael Moot United States, Corona May 14, 2015 +... May 14. 2015 upvote reply show As a professional real estate agent. a time share is not conducive to a single fan1ily neighborhood Jeanette Werner United States. Vista May 14, 2015 +--May 14, 2015 upvote reply show The lagoon is a special place in Carlsbad that should not be allowed to be deteriorated by people coming and going with no regard for the natural beauty. Tiffani Baumgart United States May 14. 2015 +--May 14. 2015 upvote reply show Please help perserve the lagoon! lt now has the perfect balance of fun and serenity. With a time share comes chaos! Anonymous http:l/www.ipctitions.corn/peti tioalkecp-cr,risbad-lagoou-local ' . l J/17 Item #4 April 11, 2017 Page 127 of 213 8/141;20!6 :-.,.: ': Petition Keep Carlsbad Lagoon Local May 13. 2015 +--May B, 2015 upvote reply show Bad place for timeshare environment Randy United States, Carlsba9 May 13, 2015 +--May 13, 2015 upvote reply show Commercializing a local Laguna for a tourist spot will PROVE to pay off. .. Just ask the city of New Braunfels Texas. The new "state of the art condos'' have brought unwelcoming guest whom have Littered the local rivers & streams with unwanted beer cans, cigarette butts & loud noise complaints at random hours of the night so l will contest to this unlawful ~ction of building condos on a quite relaxing Laguna. l<eep the peace & leave the condos for a urbanized area! James Arnold United States, Carlsbad May 13. 2015 ..._ upvote reply show May 13, 2015 I support this petition Tammy Stevens United States, Carlsbad May 13, 2015 ..._ upvote reply show May 13, 2015 No Timeshares. Jan Smith United States, Columbus Mayo?. 201s ..._ upvote reply show May 07, 2015 No timeshares http://www ipeti !ions .com/petition/keep-carlsbad-lagoon-local 12117 Item #4 April 11, 2017 Page 128 of 213 811'112016 Sign in to comment Petition Keep Carlsbad Lagoon Local Darren D United States May 06.2015 ~ May 06, 2015 upvote reply show stop this 11fertelli11 esque slippery slope. A development like this could easily attract more of the same. The resulting ''drainage" from any more developing around the lagoon will lead to further pollutants entering the lagoon ecosystem. Eldein fathi United States May06.2015 ..._ lJpvote reply show May 06. 2015 No condos. Anonymous May 06,2015 +.. May 06, upvote reply show201s No timeshares on the lagoon Tommy dean United States, Carlsbad May 06, 2015 +.. May 06, 2015 upvote reply show This time share must be stopped. Once this is approved, the lagoon will never be the same. Also the safety of Adams.St. pedestrians will be even more dangerous than ever. Sign in to comment SIGNATURES 10 months ago Zoltan Iles United States 10 months ago bttp://www.ipetitions.com/p~titionlkcep-carlsbad-lagoon-local 13117 Item #4 April 11, 2017 Page 129 of 213 Item #4April 11, 2017 Page 130 of 213 Item #4April 11, 2017 Page 131 of 213 Item #4 April 11, 2017 Page 132 of 213 Item #4April 11, 2017 Page 133 of 213 Item #4April 11, 2017 Page 134 of 213 Item #4 April 11, 2017 Page 135 of 213 Item #4 April 11, 2017 Page 136 of 213 Item #4 April 11, 2017 Page 137 of 213 Tu Casa Homeowners Association August 29, 2016 City of Carlsbad Planning Division 1635 Faraday Ave Carlsbad, CA 9200B Clo Lindsay Management Services 6126 Innovation Way Carlsbad, CA 92009 760/436-1144 · FAX 760/436-2566 ITEM#4 Subject: Incompatibility of the proposed Carlsbad Boat Club & Resort Project a 20 Unit Timeshare at 4509 Adams Street Carlsbad CA 92008 CT 14-11 CUP 14-10 Dear Carlsbad Planning Staff and Commissioners, The Board of Directors for the Tu Casa Homeowners Association, which is a sub Association in Bristol Cove, unanimously resolved to oppose this project Thankfully, the project that was denied in 2008 was determined to be too massive in bulk and scale of the surrounding residential area. The "new" proposed project is basically the same as the denied project. Last time around we opposed this project and supported Carlsbad Planning Staff and Commissioners who declared the project "too intense and incompatible for the surrounding neighborhood". We supported and applauded the City Council who also denied the project. Our HOA has been harmonious and compatible with the surrounding area for 40 years. One of the ways we have achieved this is to not allow vacation rentals. Our CC&Rs do not allow leases for less than nine months. This project will have about 100 vacationers cycling through 52 times per year! This incompatible project is not orderly growth and development of our community. We hope that you, our Carlsbad Planners, will faithfully protect the public interest and not just that of a single property owner. You are the guardians of our common future and are trusted to plan for the needs of present and future generations. We are not against development on this lot and we would probably support a smaller project that is not a Timeshare. We ask that you help our neighborhood preserve its special Carlsbad small town beach character and deny the application for this massive "in bulk and scale'', incompatible project. Sincerely, Board of Directors Tu Casa Homeowners Association CC: Van.Lynch@carlsbadca.gov Teri.Delcamp@carlsbadca.gov Greg.Fisher@Carlsbadca.gov planning@carlsbadca.gov Council@carlsbadca.gov Item #4 April 11, 2017 Page 138 of 213 Teri Delcamp From; Sent: To: Subject: Teri, Kl.INTMIKE < Tuesday, September 13, 201610:30 AM Teri Delcamp "20" TIMEHASHRES The number one concern in Carlsbad is the continued building. This has to stop, and this project is a good one to finally , let the residents (voters) of Carlsbad that the Mayor and City Council are finally listening. Mike Klint Carlsbad, Ca. 92010 1 Item #4 April 11, 2017 Page 139 of 213 Teri Delcame Subject: FW: CT 14-11/PU D 16-02/CU P 14-10 -Carlsbad Boat Club & Resort From: Kirk Cowles [mailto:l Sent: Wednesday, September 14, 2016 2:24 PM To: Don Neu <Don.Neu@carlsbadca.gov> Subject: CT 14-11/PUD 16-02/CUP 14-10 -Carlsbad Boat Club & Resort City of Carlsbad Planning Commission, My name is Kirk Cowles and I am a long time resident of Carlsbad residing at Carlsbad CA. 92010. A few years back I was appointed by the City Council as one of the eight original citizens of Carlsbad to the Envision Committee and I served the entire term. I am writing today to voice my negative opinion of this Boat Club and Resort project Please do not approve this project. The area this project being proposed in a unique rural part of Carlsbad with no sidewalks and beautiful homes. Building a huge resort on a small piece of land is not at all compatible with this beautiful rural residential area of Carlsbad. Please do not approve this project as it is exactly what citiz.ens of Carlsbad'are against. Best Regards, Kirk Cowles Item #4 April 11, 2017 Page 140 of 213 Teri Delcamp From: .Sent To: Subject: Dear City Planners, David Turner <d Friday, September 16, 2016 5:40 PM Teri Delcamp 20 Timeshares Thank you for requesting input from the community. I am a condo owner in Bristol Cove. I have lived and/or owned a home there since 1994. The timeshare is too dense for the location in my opinion. I agree with the Bristol Cove Property Owners Association iri opposing this developement as described. Thank'you for your thoughtful consideration on this project. Sincerely, David H. Turner Carlsbad, CA 92008 1 Item #4 April 11, 2017 Page 141 of 213 Teri Delcamp From: Sent: To: Subject ---Original Message--- Planning Monday, September 19, 2016 7:40 AM Teri Delcamp FW: Time shares on lagoon From: Penny Johnson [mailto: Sent: Friday, September 16, 2016 6:20 PM To: Planning Subject: Time shares on lagoon Sent from my iPad It would be shameful for you to DI< the proposed time shares on the lagoon. The precedence on Adams street is single family residence. Why would you do that to them and cause a decline in their home values. I would like to think we can depend on you to show your integrity arid not" stick it" to the citizens of that area I Time shares are not a good fit for that area ( and many other areas in Carlsbad ). Penny Johnson 1 Item #4 April 11, 2017 Page 142 of 213 Teri Delcamp From; Sent To: Subject: Planning Monday, September 19, 2016 7:40 AM Teri Delcamp FW: a proposal for a 20-unit timeshare complex at 4509 Adams Street From: Doris Schiller [mailto: Sent: Saturday, September 17, 2016 1:15 PM To: Planning Subject: a proposal for a 20-unit timeshare complex at 4509 Adams Street I would like to express my opposition to the proposal for a 20 unit timeshare at 4509 Adams St. I do not think that this neighborhood should have this type of project built. The density of the proposed project and the number of tourists using the area is way too high for the the exiting surrounding use. Doris Sc11i1ller Carlsbad, CA 92011 1 Item #4 April 11, 2017 Page 143 of 213 Teri Delcamp From: Don Neu Sent: To: Monday, September 19, 2016 5:50 PM Teri Delcamp Cc: Van Lynch Subject: FW: 20 unit timeshare on the lagoon For your information. From: Council Internet Email Sent: Monday, September 19, 2016 9:01 AM Subject: FW: 20 unit timeshare on the lagoon From: Candy Chesnut [ Sent: Sunday, September 18, 2016 8:21 AM To: Council Internet Email <CityCoundl@carlsbadca.gov> Subject: 20 unit timeshare on the lagoon This type of building really doesut belong on the Jagoon. The planning council denied it in 2008 and essentially the building size bas not changed. (76 sq feet of habitable space less). And a "17,000 sq foot parking garage? 111is plan is incompatible ,vith the neighborhood. Lets work on :finding a solution for this space that does not upset everyone jn Carlsbad (again!) Gandy Chesnut l Item #4 April 11, 2017 Page 144 of 213 Teri Delcamp From: Sent: To: Subject: Dear Ms. Delcamp Bill Kilpatrick Sunday, September 18, 2016 11:51 AM Teri Delcamp 20 Time Shares I am -wTiting to express my strong opposition to the planned 1120 Time Shares" development on Adams Avenue overlooking the A._e;ua Hedionda Lagoon. Plopping what is essentially a hotel down in this clearly residential neighborhood makes no sense whatsoever. It would appear that the rampant overdevelopment of Carlsbad's iconic Village area is beginning to spill over into other areas of our beach town, threatening to turn this once unique coastal haven into yet another overcrowded, overburdened and faceless California city. I ask you please not to approve this project, and ,vould urge your fellow City Planning staff to follow suit. Sincerely, Bz'll Kilpatrick Item #4 April 11, 2017 Page 145 of 213 Teri Delcamp From: Sent To: Subject: JAMES BUSCHER > Sunday, September 18, 2016 8:37 PM Teri Delcamp LAGOON PROJECT HI I HAVE LIVED IN CARLSBAD ALL OF MY UFE AND WANTED YOU TO KNOW THAT I OPPOSE THE TIMESHARE PROJECT ON ADAMS ST. lT IS ALREADY CROWDED ENOUGH AROUND HERE AND I REALLY DON'T WANT A LOT MORE TRAFFIC AND PARKING IN MY NEIGHBORHOOD. WE SEEM TO HAVE MORE THAN ENOUGH TOURIST GROWTH DOWN ON THE BEACH. LET'S BE SMART LIKE DEL MAR AND MfNIMJZE ADDITIONAL LOGJAMS AND SLOW DOWN SOME MORE. THANKS FOR YOUR ATTENTION-JIM BUSCHER 1 Item #4 April 11, 2017 Page 146 of 213 Teri Delcamp From: Sent: To: Subject: Planning Monday, September 19, 2016 7:41 AM Teri Delcamp FW: Adams Street timeshare From: Carolyn Rodosta [mailto Sent: Sunday, September 18, 2016 8:38 PM To: Planning Subject: Adams Street timeshare Adams Street is not conducive to timeshares. Timeshare ysers exchange into an area to utilize it as a launching pad for the county. We are fortunate to have lots to offer between Orange and San Diego Counties. These exchangers would not go to Adams Street to stay put; they would be on the move con·stantly. Timeshares would endanger the traders, the residents who use Adams Street to get around their local neighborhood, and the entire ambiance of the area. Neon signage would be necessary to alert timeshare users of their destination. Please seriously considering the r_ejection of this or any timeshare project for Adams Street. Carolyn Rodosta Resident in the Laguna Riviera area of Carlsbad for 30+ years. 1 Item #4 April 11, 2017 Page 147 of 213 Teri Delcamp From: Sent To: Subject: Tom Suess Monday, September 19, 2016 6:58 PM Greg Fisher; Teri Delcamp Pending Approval of Case Name CT 14-11/PUD 16-02/CUP 14-10 -Carlsbad Boat Club & Resort Dear Greg Fisher and Teri Delcamp: We, Thomas and Pamela Suess, have just been made aware of a Pending Planning Commission/Staff Approval for the Subject Development, the Carlsbad Boat Club & Resort (Project). We are owners of a Condominium on the Aqua Hedlonda lagoon {Lagoon). Our property is located at , Carlsbad, CA 92008. We find this Pending Approval disconcerting and premature, primarily since we are not cognizant of an Environmental Impact Report (EIR) being competed Per California Environmental Impact Act (CEQA}. Due to the Location of the Project, Size of the Construction (approximately 40,000 sq. ft.}, Number of Potential Users (20 Units X 4 People on Average = 80 Potential Users per Week X 52 Weeks= 4,160 People per year}, there simply are too many Significant Negative Impacts that have not been properly addressed per CEQA. If this has been completed, being a Homeowner on the same lagoon, we were never made aware of same. While we understand we may not have been in the Required Distance from the Project to be Legally Notified, certainly we are neighbors and share the same Lagoon and would have common cor1cerns; _and we believe the Owner{s} of the Project, and future Users would want this too. We believe the Project will cause Significant Negative Impacts that most likely will not be able to be Mitigated, and we believe have not been properly studied Per CEQA. The first Significant Negative Impact is to the very Lagoon itself. Certainly with 4,160 potentially new and different Users per year this will create various Significant Negative Impacts that have not been properly addressed. One such issue is the Significant Negative Impact to the Native Eelgrass (Zostera) along the shoreline of the Project. Since there are no docks, the Resort's boats would have to pull up to the beach to bring passengers aboard and for them to disembark. This would result in the boats crossing through the Eelgrass habitat time, and time again. Due to the intense nature of the Resort this would occur throughout every day, and every day of the year. At low tide the boats' props would mow the eelgrass and uproot it. Additionally, hundreds of kayaks and stand up boards and people wading, that are not currently there now, would be traversing the eelgrass habitat and damaging same. How shall the Carlsbad Boat Club & Resort mitigate forthis eelgrass habitat destruction? We believe the added Users of the Project will have a Significant Negative Impact to Fire Services, Police Services, and City Staff, and again we believe it has not been properly studied per CEQA. We believe the Project has a Significant Negative Impact to the Surrounding Neighborhood not only due to the size, but because of the multiple units being rented on a weekly basis in a community/neighborhood that is considered a Long-term Single Family Environment. We believe there is a Significant Negative Impact to Traffic Safety due to the potential of the many new vehicles. Traffic Safety not only to all Drivers but to the vehicles' Passengers. We believe there will be a Significant Negative Impact to Pedestrians !Walking, Running, Skating, Babies in Carriages} and Bicyclists using the same street as the additional vehicles; especially due to no sidewalks, the street's curves, and changing grade of the road, The above is just a quick response to our just finding out of the Pending Planning Commission Approval of the Project. Again, the most disconcerting issue is that we believe a proper study of the Significant Negative Impacts were not properly addressed per CEQA. We ask for City Staff's response before this Project moves to the final Planning Commission Approval. We also ask that all neighbors that live on the lagoon be notified as well. PS: Eelgrass Background and Information Eelgrass species (Zostera marina L. ·and Z. pacifica) are seagrasses that occur in the temperate unconsolidated substrate of shallow coastal environments~ enclosed bays, and estuaries. Eelgrass is a Item #4 April 11, 2017 Page 148 of 213 highly productive species and is considered to be a '1oundation" or habitat forming species. Eelgrass contributes to ecosystem functions at multiple levels as a primary and secondary producer, as a habitat structuring elemr;nt, as a substrate for epiphytes and epifauna, and as sediment stabilizer and nutrient cycling facrlitator. Eelgrass provides important foraging areas and shelter to young fish and invertebmtes, food for migratory waterfowl and sea turtles,. and spawning surfaces for invertebrates and fish such as the Pacific herring. Eelgrass also provides a significant source of carbon to the detrital pool which provides important organic matter in sometimes food-limited environments (e.g., submarine canyons): In addition, eelgrass hos the capacity to sequester carbon in the underlying sediments and may help offset carbon emissions. Given the significance and diversity of the functions and services provided by sea grass, Costanza et al. {2007) determined seagrass ecosystems to be one of Earth's most valuable. http://www.westcoast.fisheries.noaa.gov/publications/habitat/california eelgrass mitigation/Final%20CEMP%200ctob er%202014{cemp act 2014 final.pdf PS: I just talked to Greg Fisher, he advised that an EIR was not completed. He also advised that the Planning Commission Meeting Scheduled for September 22, 2016 will not be addressing the Project. Sincerely, Thomas A. Suess We appreciate referrals! When yaur referral becomes a cfient; we wfll send you a $10.oa Starbucks Gift card! 2 Item #4 April 11, 2017 Page 149 of 213 Teri Delcamp From: Sent To: Subject: Therese Dolkas <t Tuesday, September 20, 2016 1:33 PM Teri Delcamp 20 timeshares lam very against having 20 timeshares on the Carlsbad boat club property. This project does not fit into the neighborhood around the propetty at all. The traffic alone, on that quaint road would be a disaster. This is not at all what I would like to see on this site. Thanks for your consideration. Therese Dolkas, Carlsbad home owner and resident 1 Item #4 April 11, 2017 Page 150 of 213 Teri Delcamp From: Sent: To: Subject: Hi, Sarah Osborne < Tuesday, September 20, 2016 8:24 PM Teri Delcamp 20 timeshares I am very opposed to having 20, let alone any, timeshares on the Carlsbad boat club property. That is such a special and private Street in our City. It does not make any sense to bring tourists there. The traffic increase on such a windy and scenic road· increases the danger factor, as well as lowers the value for the special properties in that area that deserve the privacy and high property values for the unique and unlike any other view in Carlsbad. Please take this into consideration. our City, and it's treasures, should be for the Citizens and not visitors. I am a home owner, and Carlsbad resident since 1975. Please respect the Citizen's wishes. Thank you, Sarah Osborne 1 Item #4 April 11, 2017 Page 151 of 213 Teri Delcamp From: Sent: To: Subject: Planning Wednesday, September 21, 2016 2:39 PM Teri Delcamp FW: against proposed 20-unit timeshare on Adams St From: Kevin Bender [mailto: Sent: Wednesday, September 21, 2016 12:36 PM To: Planning Subject: against proposed 20-unit timeshare on Adams St.. I'm joining my neighbors here on Adams St to let you know we oppose the proposed 20-unit timeshare on Adams St and the Agua Hedionda Lagoon. Have lived in this house on Adams and Harborview since 1970. We don't want the timeshare. It's inappropriate, will cause danger and more pollution and congestion in the lagoon. Please listen to our opinions. Kevin Bender Carlsbad, CA 1 Item #4 April 11, 2017 Page 152 of 213 Teri Delcamp From: Sent: To: Subject: -·---Original Message-·-· Planning Thursday, September 22, 2016 11:11 AM Teri Delcamp FW: Adams St. Timeshare application From: Bonnie Dominguez [mai1to: Sent: Wednesday, September 21, 2016 4:55 PM To: Planning Subject: Adams St. Timeshare application Dear Planning Commission Members: As residents in close proximity to this application, we know the history and the applicant, and therefore support the re- application of the project wholeheartedly. Your support would be appreciated as well. Edmond "Bill" Dominguez Carlsbad, CA 92008 Item #4 April 11, 2017 Page 153 of 213 Teri Delcamp From: Planning Sent: To: Thursday, September 22, 2016 11:11 AM Teri Delcamp Subject: FW: Against time share on Adam's Street From: John Obrien [mailto: Sent: Wednesday, September 21, 2016 4:24 PM To: Planning Subject: Against time share on Adam's Street To the City of Carlsbad planning division, As a resident just above the Hedionda Lagoon for 20 years, I've been witness to many construction sites around this area. Many of the changes have proven to be environmentally responsible, however, this time share proposal would open the door to transient population. This isn't an acceptable way to maintain the beauty of the lagoon area. Over the past few years the u dog beach11 has become overrun with trash and waste. Here is your chance to stand WITH the residents. Vote no tonight. Sincerely, John OBrien 1 Item #4 April 11, 2017 Page 154 of 213 Teri Delcamp From: Sent: To: Subject: Planning Thursday, September 22, 2016 1:13 PM Teri Delcamp FW: Timeshares on Adams Ave. From: Kasey McCarthy [mailto: Sent: Thursday, September 22, 2016 1:10 PM To: Planning Subject: Timeshares on Adams Ave. Dear Carlsbad Planning, As a ten year resident of Carlsbad living on Agua Hedionda Lagoon and as a lifetime resident of North County, I am concerned about the request to develop timeshares along Adams Street and the Agua Hedioda Lagoon. This is reference to Dr. Sarkaria Property; PRE 08-15; Project File ; ]20617203001206172040012061720500l2061720600l2061720700I. I cannot locate the current permit. Dr. Sarkaria has bought multiple homes and vacant property along the Agua Hedionda Lagoon to serve his desire to chage the makeup of Agua Hedionda Lagoon and the quiet RESIDENTIAL Adams Street, Approving this development is not the right thing for the city of Carlsbad to do. This is not the appropriate location for timeshares nor similar developments. Adams Street is a dangerous street with multiple curves and blind corners. Everyday bikers, walkers and runners use this street that has a short or no sidewalks to get to and from their homes or for recreation. Already there are more and more people using this road to access the Agua Hedionda Lagoon on Cove Drive and Bay Shore Driv, but this another issue. In addition to the extra number of cars and crowding along Adams Street, this development will impact the Agua Hedionda Lagoon health of the water and wildlife. With the addition of the timeshares, it will bring more pollution to the lagoon with runoff from the landscaping and waste left by the residents. The wildlife have been forced to move their habitat to the Eastern portion of the lagoon from the overuse of the lagoon. The city of Carlsbad already knows the feelings of the majority of their residents regarding development along the Agua Hedionda Lagoon and I hope you consider the opinions of your residents in regards to this development. Best regards, Kasey McCarthy Cove Drive, Carlbad 1 Item #4 April 11, 2017 Page 155 of 213 Teri Delcamp From: Sent: To: Subject: -----Original Message--- Planning Monday, September 26, 2016 9:05 AM Teri Delcamp FW: ADAMS ST TIMESHARE From: Pauline Morisoli [mailto:p Sent: Friday, September 23, 2016 12:15 PM To: Planning Subject: ADAMS ST TIM ES HARE I VOTE NO ON THIS DEVELOPMENT. I LIVE IN CLOSE PROXIMITY TO THIS PARTICULAR PROPOSED DEVELOPMENT. The way in, out and around this area is a dangerous problem. It will add to the pollution of the air, water and detract from the quality of life for this community. Already the East side of EICamino is being covered by developments. Our planning department folks are responsible for the proper care and maintenance of our city. Builders will come in, grab up our premium land, build the houses, take their high profits and move on to the next beautiful site. Please don't allow this to happen. Thank you for reading my message. PAULINE HENDREN MORISOLI, resident of Carlsbad since 1972. Sent from my iPad Item #4 April 11, 2017 Page 156 of 213 Teri Delcamp From! Sent: To: Cc: Alan Katof < Tuesday, October 25, 2016 8:29 PM Teri Delcamp; Mick Calarco Subject: Jim Strickland; Stu Scheidler; Craig Elliot; Dave Duet Boat Club Time Share Project -4509 Adams Gentlemen: My wife and I have lived at on the Agua Hedionda Lagoon for more than 12 years and want to express our strong opposition to the proposed Boat Club Time Share project proposed at 4509 Adams (CTI 4-11/CUP 14-10). A 20 Unit time share does not belong in a residential neighborhood on a very naiTow street that will 110 doubt effect traffic flow and safety. It has already been deemed incompatible in an earlier cycle of review, and that continues to be the case. As homeowners in this neighborhood, we appreciate that the properly owners want to build on the lot, but this is not a reasonable project. In addition, this timeshare would significantly increase the amount of people on Adams throughout the year, and create a negative inlpact on the lagoon itself. We believe that this combination of conditions makes the project incompatible with our neighborhood. I hope you vl'ill take these concerns into consideration. Thank you. Alan and Barbro Katof Carlsbad, CA 92008 1 Item #4 April 11, 2017 Page 157 of 213 Gentlemen: I have been a resident on the Agua Hedionda Lagoon at for more than 16 years. During that time I have witnessed the buildup of traffic and congestion in the area due to use of the lagoon area by dog owners and paddle boaters to a disagreeable level. Now I have learned of the Boat Club Time Share project proposed for 4509 Adams (CT14-11/CUP 14-10). A 20-unit timeshare in this confined area is far too intense a development. I understand that this project has already been deemed incompatible in an earlier review, and nothing has changed to alter that conclusion now. As a homeowner in the area, I appreciate that the owners of this property may want to build on the lot but this is not a reasonable-sized project. Furthermore, a timeshare property will significantly increase the incipient congestion in the area, bringing in volumes of people throughout the year, as well as contributing a potential negative impact on the lagoon itself. This combination makes the project incompatible with our area. I trust you will take these concerns into consideration. Thank you. Stuart Scheidler Carlsbad, CA 92008 Item #4 April 11, 2017 Page 158 of 213 City of Carlsbad Planning Division 1635 Faraday Ave Carlsbad, CA 92008 bad 03zorn Planning Divis1011 RE: Opposition to the proposed Carlsbad Boat Club & Resort Project Dear Carlsbad Pfanning Commissioners and Staff, I have lived at for five years and I have been part of a timeshare sales staff in Carlsbad for over 20 years. I love my home on the lagoon and I get out on the water often. I am really surprised that anyone would think a timeshare business in the middle of a peaceful residential neighborhood is a good idea. It is a bad mix -totally incompatible, I work at a timeshare 5 days a week and I see how the guests enjoy their vacations. They pack as many people as possible into each unit. A one bedroom designed for four will have eight to ten people staying there. So a 20 unit timeshare will have well over a hundred people every day! That is far too many people for that property ::; too intense! Additionally, timeshare vacationers don't have to go to work tomorrow and they party all night long as a result. You wouldn't want this in your neighborhood would you? The parking lots at our timeshare are huge but they are always completely full. Each unit has at least two cars and another car for their guests. Plus, there are housekeepers, gardeners, maintenance workers, sales people, the front desk crew and this one will also have boat ·drivers -where do they all park? 32 parking spots is a bad joke. How can this property possibly handle the parking necessary? Cars parked on Adams Street make driving very hazardous. Just pulling in and out of that property on the hill with the blind curve will be dangerous. This proposed project is immense and out of place for the lot it would be built on. It would be a massive 53 feet tall, four story, monstrosity far bigger than the big houses around it. Jn a word -INCOMPATIBLE. I hope thafyou, our City Planners, will protect us and our special neighborhood from this ill-conceived business on our precious lagoon. Please deny the application. ~Jf ;/!J___ Kathy Hutchinson Item #4 April 11, 2017 Page 159 of 213 loe and Dee Dee Po lzin Murrieta, CA 92563 Owners of Carlsbad. CA 92008 November 21, 2016 City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 Re: Opposition to Carlsbad Boat Club and Resort Project A 20 Unit Timeshare 4509 Adams Street, Carlsbad, CA 92008 CT 14-11 CUP 14-10 Dear Carlsbad Planning Staff, We are the owners of APN , Carlsbad, CA. 92008. We are in the process of working on plans to submit an application to the City for a single-family home on our lot We are gravely concerned about the possibility thnt the above mentioned high-density (by comparison to the surrounding area) condo project being developed so close to our future home. Adams Street is just a quiet, narrow, winding Jane by the peaceful and spectacular lagoon. This high-density project and the traffic it would bring to our little lane is totally out of character to our low-density community. The impact of traffic, the noise and the danger it creates to the many pedesttians, joggers and bicyclists would be far too great It is completely out of character to our quiet area. Furthermore, the fact that timeshare is being considered is simply astonishing! J-lo.v could there be any development more foreign or out of charc1cter to this low-density portion of the lagoon'? Despite what developers/speculators may claim, all of us who live in coastal areas kno\.v how people will crowd into each bedroom to enjoy the proximity of the water. This will invite intense partying, loud noise and music, barbequing on the beach, ignoring the peace of neighbors, fast and careless driving, loose dogs, overcrowding, and a general disregard of the peaceful ambience of our neighborhood. The transient nature of the thousands of short-term occupants will insure a complete change to the character of the neighborhood. What a shame it would be! Surely it is not the intent of Staff to allow something that would be so at odds to the essence of our a1·ea . Clearly, such intense high-density as ( compared to the surrounding area), especially when compounded by timeshare use, is astoundingly incompatible with this long established, quiet residential area. Just the marketing alone and the intense traffic it would bring to the narrow and \".1inding Adams Street, would create a nuisance as well as a danger to residents. The transients it would attract are typically careless of the peace and safety of others around them. Item #4 April 11, 2017 Page 160 of 213 In fact, we would argue that such a use would constitute spot zoning and an incompatible blight on this neighborhood. We ask that you deny this project application and protect the lagoon neighborhood, its residents and values. We would further ask that when next updating the General Plan, you revise and eliminate all but single-family use for the lagoon area to maintain the character of the lagoon for which Carlsbad is famous. We are certainly not against orderly and rational development, but it must be compatible and not create marked negative impact to the surrounding area. The subject portion of the neighborhood is attractive, low density residential that should be maintained. The ambience of the famed lagoon, its reputation and residents should be rigorously protected. Thank you for your careful and considerate attention to this impactful and sensitive matter. Page2 Item #4 April 11, 2017 Page 161 of 213 Farah Nisan From: Sent: To: Subject: -----Original Message----- Planning Monday, September 26, 2016 9:05 AM Teri Delcamp FW: ADAMS ST TIMESHARE From: Pauline Morisoli'[mailto: Sent: Friday, September 23, 2016 12:15 PM To: Planning Subject; ADAMS ST TIMESHARE I VOTE NO ON THIS DEVELOPMENT. I LIVE IN CLOSE PROXIMITY TO THIS PARTICULAR PROPOSED DEVELOPMENT. The way in, out and around this area is a dangerous problem. It will add to the pollution of the air, water and detract from the quality of life for this community. Already the East side of EICamino is being covered by developments. Our planning department folks are responsible for the proper care and maintenance of our city. Builders will come in, grab up our premium land, build the houses, take their high profits and move on to the next beautiful site. Please don't allow this to happen. Thank you for reading my message. PAULINE HENDREN MORISOLI, resident of Carlsbad since 1972. Sent from my iPad i Item #4 April 11, 2017 Page 162 of 213 Farah Nisan From: Sent: To: Cc: Subject: Ellen Wolfe < Sunday, October 23, 2016 2:29 PM Teri Delcamp; Mick Calarco Alan & Barbra Katof Boat Club Time Share Project -4509 Adams Gentlemen - I have lived at 4778 Bryce Circle on the Agua Hedionda Lagoon for more than 15 years and want to express my strong opposition to the proposed Boat Club Time Share project proposed at 4509 Adams (CTl 4- 11/CUP 14-10). A 20-Unit Timeshare on this na1Tow road in this location is far too intense a development -It has already been deemed incompatible in an earlier cycle of review, and that continues to be the case. As a homeowner in this area, i appreciate that the property owners will want to build on the lot, but this is not a reasonably sized project. In addition, a timeshare prope1iy significantly increases the impact, bringing in volumes of people throughout the year, not to speak of the impact on the lagoon itself. This combination makes the project incompatible to the location. I hope you will take these concerns into consideration. Thank you. Ellen Wolfe Carlsbad, CA 92008 Ellen K. Wolfe The information transmitted is intended only for the person(s) or entity(ies) to whicf1 it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination, or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. If you received this in error, please contact the sender and delete the material from any computer. 1 Item #4 April 11, 2017 Page 163 of 213 January 10,. 2017 City of Carlsbad Planning Division 1635 Faraday Ave Carlsbad, CA 92008 Dear Carlsbad Planning Staff and Commissioners, City of Carlsbad JAN 1 7 2017 Planning Division I am Roberto Vigilucci and my beautiful wife Jadine and I live at . We bought our piece of paradise in 2004 and we love our home, Carlsbad and our view of the lagoon. Now that piece of paradise could be taken away from us. The Carlsbad Boat Club and Resort 20 unit timeshare project would ruin our neighborhood, property values and quality of life. In 2008 the City of Carlsbad rejected this project in part because: "the requested use is not necessary or desirable for the development of the community in that the timeshare use does not provide any services to other uses within the community, is notin harmony with the various elements and objectives of the General Plan in that the use would be detrimental to the existing surrounding residential uses specifically permitted in the zone in which the proposed use is located, in that the proposed timeshare project at the intensity, bulk and scale of development proposed is not compatible with the existing surrounding single family residential uses in addition to generating increased traffic on residential streets and noise associated with the timeshare operation .... " This is the same incompatible, out of place project.that was, fortunately, soundly rejected the last time. How could the same thing be proposed again or approved? Our home is right across the street on the hill above the property. There is a long list of things wrong with this project but one that will greatly affect us -also affects all the walkers, joggers, bicyclists, dog walkers and stroller pushers -is the rooftop. Since Adams Street is a designated scenic roadway the roof top cannot rise above the street level. So, the enormous 8,300 plus square foot industrial style rooftop will be very much visible from our home and the street. It is larger than a baseball infield! The problems start with a bank of 20 air conditioning units on the roof! Ugly and noisy and the screening won't help. Item #4 April 11, 2017 Page 164 of 213 ·t(;J *'.}J 6i 1., ;:;;! tJ r~ /Z}t. r,,.,! ~r l16 Ff t) i,,; p Not shown on the included drawing is all the other sidewalk level rooftop annoyances. There will need to be vents for 20 stoves which will vent unwelcomed cooking aromas. Even more unwelcomed aromas will come from the numerous bathroom sewer stack vents, which are sometimes called stink pipes, which will emit sewer gasses. But wait there's more -add another 20 to 30 bathroom fan vents! The building will be occupied by approximately 100 people. Also, not shown is the possible arr~y of TV satellite dishes, solar panels and skylights. Since that's still not enough noxious smells there is a garage exhaust fan vent at the front Northwest corner of the lot at sidewalk level spewing the exhaust from 34 cars. These are just some of the examples of what makes this business incompatible with the existing surrounding family homes. The project stinks figuratively and literally. This project caters only to tourists and although the Carlsbad tourism industry is important to the City it should not come at the expense of the residents. My restaurants cater to tourists as well as locals and they smell beautiful. · I would gladly forgo the possible added business the project might bring. We are not opposed to development in general or even something reasonable on this particular lot. We ask that you help our neighborhood preserve its special Carlsbad small town beach character and deny the application for this massive, incompatible project. cc Mayor and City Council members . 1200 Carlsbad Village Drive Carlsbad, CA 92008 Item #4 April 11, 2017 Page 165 of 213 fi~~-~ I b~ numereus sewer . j _,,,. ... -- . batfiroomrans and stove ,I;.l···· ; ___ .• -···· ·· arid S"1~11ing bad, he roof~cNikely dist, anter,lnas, perhaps . ~(-· · t;t~ parking I ·' · · 11 : bil~ exhaust vent at \ l !\ ! f rJ I, Item #4 April 11, 2017 Page 166 of 213 Teri Delcamp From: Sent: To: Subject: Greg Nelson < Tuesday, January 10, 2017 11:13 AM Teri Delcamp Carlsbad Boat Club My family and I have enjoyed our fine city since moving here in 1959 .... I am a graduate of Carlsbad High School as are my 4 children. We love this city, the people in it and our city government ! 11 Buddy Lewis was my football coach and history teacher ! ! ! ! I write this note to you to encourage you and your staff to recommend for approval Mike Pfankuch's Time Share project. It will be an added "flower" to our beautiful coastal city and built by one of our own long time local businessman who has contributed much that helps make Carlsbad special! l !! Yes our Lagoon is special but this project will allow more people to enjoy it ! J ! If I can be of any service feel free to call me at 769-420-4950 ... Thank you!!! Sincerely Greg Nelson Carlsbad , Ca 92008 1 Item #4 April 11, 2017 Page 167 of 213 Teri Delcamp From: Sent: To: Subject: Leo Brodeur Saturday, Janua,y 14, 2017 8:11 PM Teri Delcamp New Project We need to have new projects to keep the city active with new ideas. The lagoon project would give a new look for the area and bring activity to a stagnant Lagoon. Sent from my iPhone 1 Item #4 April 11, 2017 Page 168 of 213 Teri Delcamp Subject; FW: Carlsbad Boat Club From: Jack Brey [mailto:j Sent: Sunday, January 15, 2017 2:39 PM To: Greg Fisher Subject: Carlsbad Boat Club Dear Ms. Fisher - This is to inform you of my suppmt for the project proposed by Mr. Jim Courtney. As someone who has been in the civil engineering and land development business for over forty years, lam a strong believer in responsible development relative to both the conununity and developer needs. As with a11y development project, there will always be opposition however; it is my understanding the Mr. Courtney has endured a long and arduous process of working with both the city and local residents concerns; and has made substantial concessions to both. I also believe strongly in O\-Vncrs and property rights. After a decade and a half of his numerous compromise and concessions, T truly believe it is time to allow this project to move forward. T hope the city will at last find closure with the project approval. Thank You! Jack Brey Item #4 April 11, 2017 Page 169 of 213 Teri Delcamp From: Sent: To: Cc: Subject: Marcy Agatep <m Monday, January 16, 2017 11:09 AM Teri Delcamp Jim Courtney Carlsbad Boat Club Project I am in favor of the development known as The Carlsbad Boat Club. I think it will be an asset to our wonderful Carlsbad community. Thank you Marcy Agatep Sent from my iPad l Item #4 April 11, 2017 Page 170 of 213 Teri Delcamp From: Sent: To: Subject: Arnie Cohen < Monday, January 16, 2017 1:07 PM Don Neu; Teri Delcamp; Greg Fisher Carlsbad Boat Club project We are writing to express our full support of the proposed Carlsbad Boat Club project. We recently attended Jim Courtney's public meeting and once again heard that this plan is in line with what the Coastal Commission has repeatedly said is the only use they would approve, which is Visitor Commercial. It is clear that Jim and his team have worked long and hard to create a plan that meets the zoning requirements, is sensitive to the look and feel of the neighborhood and has features to help protect the lagoon. It is a good compromise for that property while allowing a land owner to effectively use their property. As strong proponents of private property rights we do not see any justifiable reason to deny this project and we encourage Planning Commission approval when it hears this matter. Sincerely, Arnie & Teri Cohen 1 Item #4 April 11, 2017 Page 171 of 213 Teri Delcamp From: Sent: To; Cc: Subject: Teri, et al, James Brubaker Monday, January 16, 2017 1:31 PM Teri Delcamp Don Neu; Greg Fisher Carlsbad Boat Club Project CT 14-11 / CUP 14-10 As an actively involved resident and avid proponent of the continued quality stewardship of the Agua Hedionda Lagoon, I highly recommend this project be approved. The fact that the land is zoned for commercial and cannot be built residential, and will meet all codes, regulations and requirements, makes it imperative to allow it to go forward just based on a private property rights issue -the owners have been working for a project approval for 15 years. The additional facts that it will not bring in more, (possibly less), traffic than the prior restaurant (there were always a lot more than 20 diners there when I went, timeshares are rarely 100% occupied and vehicle time of use varies greatly, and not all tenants will have cars.); the owners have reduced the project size by 25% to cooperate with the neighbors; it will fit in with the neighboring properties and environment; and it will benefit Carlsbad by bringing in additional visitors to spend their money. It is a great example of the "smart growth" that we need at this stage of buildout. This project needs to be approved for the good of the city and of all residents of Carlsbad, with the exception of those that oppose all development/improvements. Please approve this project. Thank you. James L Brubaker Carlsbad, CA 92008 Th\s E·ma1l 1s covered by lilf: Eli;tlrnrnc Communications Privacy Act, 13 U.S.C. 25Hh!521 illld 1~ 1mvilegea, Tl11s information is corn1dential information alld ls inlemled only for the use of the individual 01-entity narned abow. lf thr~ n:ac1er this is nol lhe intended recipient, you are heretiy notified !hill i1!\i' dissemination, d1stnbut1on or copying of this crn11111un1rn!!o11 1s strictly pml11b11·e,1. If yo,1 received this message in e1 ror, please notify us 1m111ediaterv by replying to this n1essage and delehng the material from any rnrnnuter. 1 Item #4 April 11, 2017 Page 172 of 213 Teri Delcamp From: Sent; To: Subject: Tracy Carmichael <w Monday, January 16, 2017 2:29 PM Teri Delcamp Fw: CT 14-11/CUP 13-10 On Monday, January 16, 2017 2:24 PM, Tracy Carmichael <whatzuptlc@yahoo.com> wrote: To whom this may concern, My husband and I have been Carlsbad residents since 1988 and property and business owners since 1989. we love the city of Carlsbad. We have seen the city grow and change over the years which has allowed everyone to enjoy a beautiful place to live. we support property owners' rights to develop within the guidelines of the city of Carlsbad, the California coastal commission and the state of California. Today we are writing to you in support of the CT 14-11/CUP 14-10, a proposed project by Jim Courtney and Mike Pfankuch. we have known Mr. Courtney and Mr. Pfankuch; both Carlsbad residents for many years. we have read and understand their proposed project. It is our understanding and belief that it is zoned for commercial use and is a compatible good fit for the neighborhood while benefiting the city of Carlsbad and it's residents. We are hoping everyone can see the value of good planning, compromise, and will recommend approval of this project CT 14-11/CUP 14-10. If you should have any further questions for us please see the contact information listed below. Best Regards, Tracy & Scott Carmichael Carlsbad, CA 92008 1 Item #4 April 11, 2017 Page 173 of 213 Teri Del Camp Planning Dept. City of Carlsbad Philip J. Urbina Carlsbad, CA 92009 RE: Carlsbad Boat Club Timeshares Project -Support Dear Ms. Del Camp: I am writing in support of the Carlsbad Boat Club Timeshare Project that will be going before the Planning Commission at its February meeting. The property has been used for a boat launch on Agua Hedionda lagoon for decades and the proposed project is an ideal fit for the area. It is zoned for commercial use and the 20-unit timeshare project meets all zoning requirements without generating undue traffic to the area. The project will bring visitors to our city and those visitors will contribute to the City's tax base. In today's days of renting via Airbnb or VRBO, which is certainly going on in the area, this project is compatible with the Agua Hedionda Lagoon neighborhood. After exhaustive reviews, City staff is recommending approval and the Planning Commission should follow the staff recommendation. Respectfully, Philip Urbina Item #4 April 11, 2017 Page 174 of 213 Teri Delcamp From: Sent: To: Subject: Mail Center Tuesday, January 17, 2017 10:25 AM Teri Delcamp Cartsbad Boat Club Timeshares This correspondence is to support the project of Mr. Pfankuch for the Carlsbad Boat Ctub Timeshares. We feel that the project meets the zoning criteria and is compatible with all the Air b&b use in the area. It would also be a financial asset to the City of Carlsbad. Thank you, Richard and Pauline Dimond Carlsbad, CA 1 Item #4 April 11, 2017 Page 175 of 213 Teri Delcamp From: Sent: To: Subject: tricia benton Thursday, January 19, 2017 9:08 AM Teri Delcamp Carlsbad Boat Club Timeshares Hi Teri~ I know there is a Time Share project currently under review by the City on the Lagoon. While I know there are many outspoken people against this project, there are also many of us, a little bit more silent perhaps, that are actually in favor of this project. My family and I fully support this project and think it would be a great addition for Carlsbad. It appears that it is currently zoned for this type of project and I think it sounds awesome. Thank you for your consideration. I am sure you've been inundated with opposition, so I wanted to be sure to voice my positive opinion on the subject. Many thanks! Tricia Benton 1 Item #4 April 11, 2017 Page 176 of 213 Teri Delcamp From: Sent: To: Subject: Daniel Meritt < Thursday, January 19, 2017 9:29 PM Teri Delcamp Support for the Carlsbad Boat Club Timeshare I'm a retired firefighter and 40 year resident of Carlsbad. I'm a proud Carlsbad citizen havmg raised my family here all of whom also reside here in Carlsbad. I own and reside on prope1ty overlooking the beautiful Agua Hedionda and believe the Carlsbad Boat Club development is long overdue and will be an excellent example of proper land use planning. It would serve all the citizens Carlsbad by creating tax revenue for our city and by providing accommodations for visiting tourists eager to enjoy the rest of our fine city and all its amenities. Please support this win-v,rin project. Daniel Meritt, Item #4 April 11, 2017 Page 177 of 213 Teri Delcamp From: Sent: To: Subject: Teri, laura Simons Friday, January 20, 2017 8:14 AM Teri Delcamp Carlsbad Boat Club Timeshares I know there is a Time Share project currently under review by the City on the lagoon. While I know there are many outspoken people against this project there are also many of us that are actually in favor of this project. My family and I fully support this project and think it would be a great addition for Carlsbad. It appears that it is currently zoned for this type of project and I think it sounds awesome. I live on the north shore of the lagoon and think this would make my neighborhood even more special! Thank you for your consideration. I am sure you've been inundated with opposition, so I wanted to be sure to voice my positive opinion on the subject. Many thanks! Laura Simons Ross Item #4 April 11, 2017 Page 178 of 213 Teri Delcamp From: Sent: To; Subject: January 18, 2017 Laurie Pfan < Friday, January 20, 2017 5:25 PM Teri Delcamp Carlsbad Boat Club Timeshare Project City of Carlsbad Planning Commission RE: CARLSBAD BOAT CLUB TIMESHARE PROJECT Dear Members of the Planning Commission, My name is Laurie Pfankuch and I am a lifetime resident of Carlsbad and a Community Service Officer at the Carlsbad Police Department I currently live at 4090 Adams Street, which is just up the street from the proposed timeshare project at 4509 Adams Street. I grew up in my current home and returned there in 2015 with my husband and two small children. While growing up on Adams Street in the 1980's and 1990's, using the lagoon was part of our lives. During that time, 4509 Adams Street operated as Carlsbad Boat Club1 where the public could pay to launch boats and use the beach. For a short time, there was also a popular Mexican restaurant called Jose's on the site. Neither of these businesses affected the neighborhood or the lagoon it1 a negative way and it was nice to have a place that made the lagoon accessible to the public. Even with the boat club, restaurant and the rental/launch site that is now Carlsbad Lagoon, the area still had a very residential feel. We did not have heavy traffic or parking issues, especially because there was always onsite parking at the Boat Club and Jose's. Since returning to the neighborhood in 2015, we have purchased a boat and use it on the Agua Hedionda Lagoon frequently. The lagoon is very safe and regulated by the buoys that mark the jet ski, boating and no wake 2ones. Unfortunately, there seems to be a presumption by the Bristol Cove residents that the lagoon is for their private use. We have many friends in Bristol Cove who often say, "This is our lagoon," and talk about how the City needs to shut down the Carlsbad Lagoon rental business. To be honest, it appears that the Agua Hedionda Lagoon has become private1 for the sole use of the residents of Bristol Cove and the few large single family homes on the water. Asking the owners of 4509 Adams Street to build another multi-million dollar residence on the lagoon will only make this problem worse. By approving a timeshare project, the City could maintain tourism use of the Agua Hedionda Lagoon without marring the surrounding neighborhood. I truly hope the Planning Commission does not allow residents with immediate access to the lagoon to dictate the development of 4509 Adams Street, which is zoned for tourism use. I have worked for the Carlsbad Police Department for nine years as a Community Service Officer. During six of those years, I worked for the Traffic Division, doing parking enforcement and assisting with collision investigations. In my experience, there have been no parking issues or major collisions on Adams Street near the proposed timeshare site. The only traffic related issue on Adams Street is speeding, which needs to be 1 Item #4 April 11, 2017 Page 179 of 213 Teri Delcamp From: Sent: To: Subject Jim Boone < Friday, January 20, 2017 12:27 PM Teri Delcamp Carlsbad Boat Club Time Shares l sincerely hope you will recommend approval of the project called Carlsbad Boat Club Time Shares. A small boutique time share on the lagoon shore would be a much better venue than a hotel or restaurant. The long time Carlsbad residents proposing this project want the best for Carlsbad and so do I. Thank you for your thoughtful consideration of this proposed project Jim Boone ...... Carlsbad resident since 1971 Sent from my iPhone 1 Item #4 April 11, 2017 Page 180 of 213 Teri Delcamp From: Sent: To: Subject: To Whom it May Concern: Talin Har1tunians < Friday, January 20, 2017 2:39 PM Don Neu; Greg Fisher; Teri Delcamp Carlsbad Boat Club Project (CT 14-11 / CUP 14-10) I am writing to you in SUPPORT of the project proposed at the Carlsbad Boat Club. Mr. Courtney and Mr. Pfankuch have spent considerable time and thought in carefully planning this project. As long tenn Carlsbad citizens, they have made every effort to listen to their neighbors and have modified their project accordingly to address any concerns. This project will be beneficial to both the city and its residents and I strongly urge you to approve this project. Thank you for your attention to this matter. Regards, Talin Haritunians, Ph.D. 1 Item #4 April 11, 2017 Page 181 of 213 Teri Delcamp From: Sent: To: Subject: Kevin Bender <k > Sunday, January 22, 2017 4:18 PM Kevin Bender CT 14-11/PUD 16-02/CUP 14-10 Carlsbad Boat Club & Resort I'm writing Carlsbad Planning Division staff and the Carlsbad City Council, Carlsbad Planning Commission and California Coastal Commission to register my opposition to this proposed 20 unit timeshare condominium pro.feet. My opposition centers on: • increased traffic on already over-burdened Adams St. • time share. condos are inappropriate use of the site, sun-ounded as it is by single family homes • potential for abuse of the lagoon waters and shore by scores of visitors who don't share the regard 'locals' have for this precious lagoon resource NIMBY Note: Having first moved into 4070 Adams St iJ1 1970, I've seen the south end of Adams St. tum from a sleepy dead-end into a thoroughfare of traffic. Can we begin to consider tl1e quality of life for long-time area residents as being more important than short-tenn enjoyment by out-of-towners? I attended a co11U11tutity meeting with project applicant Jim Courtney and even he admitted tl:us is not the idea use of this site. I'd like to emphasize that ,vhat is allowed is not always appropriate. I encourage denial of these permit requests. I also heartily encourage all council, commission and staff concerned as well as our community at large to regard and treat the Agua Hedionda Lagoon area as the impo11ant historic site and cultural landmark it is. We must zealously protect it and prevent its mis-development and mis-use. Thank you for your time and attention. Kevin Bender Carlsbad, CA 1 Item #4 April 11, 2017 Page 182 of 213 Teri Delcamp From: Sent: To: Subject: Hello Teri, Sam Ross < Monday, January 23, 2017 11:31 AM Teri Delcamp Carlsbad Boat Club I have heard there is a time share project currently under review by the City on the Agua Hedionda Lagoon. While there are many outspoken people against this project, I'd like to let you know my family and I are in favor of the Carlsbad Boat Club and hope the City will approve the development. I live in the community called The Bluffs and think it will be a great addition for Carlsbad. With only 20 units, I do not feel the local roads will be greatly impacted by increased traffic from people staying at the club. The land is zoned for this type of project and I think it sounds awesome. Thank you for your consideration. I am sure you've been inundated with opposition, so I wanted to be sure to voice my positive opinion on the subject Many thanks! Kindest Regards, Sam Ross Carlsbad, CA 92008 1 Item #4 April 11, 2017 Page 183 of 213 \.>.~ PL,"N.t:-tvb-t~ C;ctrl\"1'i"'51toN~ r M"'l \,..) QA. n 1-{ t.. ~~ 1-...,.1=-~ i T ~ ~T '-f;:>u l,{'t{C)\U e:::::.(.:'.)Q. ~e-~tt-<G-s ~K 'i~ f..,.C,~t{.~t::... \C> ~~~ t..~ ~ ~kU~ ~~ b"\"t A,.~A,~C::.. '&t-(l\U:: Q'\>,Jt{ 'fO~ t::)\.\Ji( ~t'-1 f'Li::X \ t'l ~ \.\....)\ ~ ,~~ -S: 'D E-t°\'ti. t~ 0 '2·\?' D':)C ~\.~ ()~~ '\',)="~e;..~t,-\S: " A..S. IA,,. ~A;;~C ~RP~t-~ ~ ~t.::, \~(G \\{ ~ \j~'i. RKQ..L~~to-a ~~e..\{)~~-1,t~ _ \...__re. ~~ -s~::~-\t~R ~t TI~NS.. k\-\J\~tc-.. fi.e!;·"""<. Ttclc S:.t~ ~,_,)i;: ~-ulf..-\ Dt..:SQ \-\a~ A(\; +~£...)? ~~<:; -~L' ' ~7 'ii::"'1.Q~ ~ \\Jc.· Hc\:"c "--eC"~ \.\.){.LL c.c-,~(~_ \ ~ ~~ ..J~'\JiC "'f"'~ \ "'.i. '(\_ U\ ._ i:'" H--t.C. ~ s \ -f. { ~(5'\..>-\ \ ~= bt ~ p..~ \ {L~ '\ '"· '---- Item #4 April 11, 2017 Page 184 of 213 Teri Delcamp From: Sent: To: Subject: Tuesday, January 24, 2017 9:16 AM Teri Delcamp Carlsbad Boat Club Project I have been a Carlsbad resident for nearly 60 years. Our city has done a wonderful job of planning its growth. We presently have a group that want to stop all growth. That is insane. A person has a right develop his land and profit from his investments. The Carlsbad Boat Club P:reject is a reasonable request and deserves your approval. Thank you for your service to Carlsbad, and I am confident you will do the what is best for the entire city and not just what the no growth people want Joe DeDiminicantanio While every attempt has been made to remove all malware and computer viruses sender assumes no liability 1 Item #4 April 11, 2017 Page 185 of 213 Carlsbad Boat Club and Resort Opposition EXHIBIT 5 Item #4 April 11, 2017 Page 186 of 213 Project Description • Tentative Tract Map Nonresidential Planned Development Permit Conditional Use Permit CEQA Categorical Exemption • 1.02 acres • Demolition of Restaurant and Single Family Residence • Construction of 20 Unit Timeshare Condominium Project • Height -35' above existing grade • Parking-26 + 2 boat parking • Lot Coverage -43% (19,066 sq.ft.) • Gross Floor Area -Unavailable Carlsbad Boat Club 8t Resort Item #4 April 11, 2017 Page 187 of 213 Required Findings Cannot Be Made Nonresidential Planned Development Permit 1. The granting of this permit will not adversely affect and will be consistent with the code, the general plan, applicable specific plans, master plans, and all adopted plans of the city and other governmental agencies; 2. The proposed use at the particular location is necessary and desirable to provide a service or facility which will contribute to the general well-being of the neighborhood and the community; 3. Such use will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity; 4. The proposed nonresidential planned development meets all of the minimum development standards of the underlying zone, except for lot area; 5. In granting a nonresidential planned development permit, the decision-making authority may modify the plan or impose such conditions as it deems necessary to protect the public health, safety and general welfare. to Cadsbad Boat Club Item #4 April 11, 2017 Page 188 of 213 Required Findings Cannot Be Made Conditional Use Permit 1. That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan; 2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located; 3. That the site for the proposed conditional use is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the city planner, planning commission or city council, in order to integrate the use with other uses in the neighborhood; 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. to Carlsbad Boat Club & Resort LI Item #4 April 11, 2017 Page 189 of 213 Required Findings Cannot Be Made Tentative Tract Map 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan, applicable master and specific plans and with applicable provisions of Title 21. 2. All approvals and permits required by Title 21 for the project have been obtained or will be concurrently obtained with the approval of the subdivision. 3. The site is physically suitable for the type of development. 4. The site is physically suitable for the proposed density of development. (addn'I findings required but not pertinent to this presentation.) to Carlsbad Club g( Resort Item #4 April 11, 2017 Page 190 of 213 Not Consistent with General Plan 2-G.3 Promote infill development that makes efficient use of limited land supply, while ensuring compatibility and integration with existing uses. Ensure that infill properties develop with uses and development intensities supporting a cohesive development pattern. 2-G.5 Protect the neighborhood atmosphere and identity of existing residential areas. 2-P.41 Ensure that the review of future projects places a high priority on the compatibility of adjacent land uses along the interface of different residential density and non-residential intensity categories. Special attention should be given to buffering and transitional methods, esRecially, when reviewing properties where different residential densities or land uses are involved. • Project site is sole Residential Tourist zoned lot within area of R-4 zoning. Proposed 20- unit time share is not compatible with adjacent single family residence on large lots. This project 1s an anomaly in the existing development pattern of the neighborhood and breaks up the existing cohesive development pattern. • A 20-unit Timeshare with 20 families transitioning every week is not compatible with the adjacent single family residences. • The small beach cannot accommodate the number of people anticipated from this development. • Adams Street is narrow with several blind curves. Adams Street cannot accommodate this increased intensity of development. to Carlsbad Club Resort 6 Item #4 April 11, 2017 Page 191 of 213 Only Residential Tourist Parcel amongst low density residential development 1/31/2017 Existing Development Pattern Opposition to Carlsbad Boat Club & Resort 7 Item #4 April 11, 2017 Page 192 of 213 Land Use Plan 1/31/2017 Opposition to Carlsbad Boat Club & Resort 8 Item #4 April 11, 2017 Page 193 of 213 Use • The proposed Timeshare project at this location is not necessary or desirable, does not contribute to the general well-being of the neighborhood or community and is not in harmony with the general plan. The proposed use is detrimental to the existing uses. • This use at this location places a very intense residential use with weekly turnover of 20 families immediately adjacent to single-family residences on large lots. • The project site is adjacent to rare eel grass beds. • Adams Street is narrow with several blind curves, this street is not suitable for increased intensity of development. to Carlsbad Club Resort Item #4 April 11, 2017 Page 194 of 213 California Environmental Quality Act • Categorical Exemption under CEQA Guidelines Section 15332 Class 32 consists of projects characterized as in-fill development meeting the conditions described in this section. (a) (b) (c) (d) (e) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with the applicable zoning designation and regulations. The proposed development occurs within city limits on a project site with no more than five acres substantially surrounded by land uses. The project site has no value as habitat for endangered, rare or threatened species. Approval of the project would not result in any significant effects relating to traffic, air quality or water quality. The site can be adequately served by all required utilities and public services. Carlsbad • The project is not consistent with all applicable general plan policies; therefore the project does not qualify for a categorical exemption from CEQA requirements under Section 15332. • The project site is located adjacent to Eel Grass beds, a rare species in California and has the potential to impact the Eel Grass beds due to increased turbidity during project construction and increased use of the boat ramp and boating area with the increase in the intensity of use. • Project fits within exception to exemptions due to its location adjacent to a lagoon with a rare plant species and the potential for significant impacts related to biology, archaeology, paleontology, land use and public safety. Club 8( Resort Item #4 April 11, 2017 Page 195 of 213 ( February 11, 2017 City of Carlsbad Planning Commission C/0: Teri Delcamp, Senior Planner-Community & Economic Development Department City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 RE: Letter of Opposition to Carlsbad Boat Club & Resort Timeshare Project (CASE NAME: CT 14-11/PUD 16-02/CUP 14-10 -CARLSBAD BOAT CLUB & RESORT) To the Members of the City of Carlsbad Plarming Commission; EXHIBIT 6 My mother and I own lot a 75-foot wide lagoon-front lot located approximately 100 feet west of 4509 Adams Street (Carlsbad Boat Club & Resort). I am writing this letter in opposition to the 20- unit timeshare proposed for this site (Case No. CT 14-11/PUD 16-02/CUP 14-10). I have attempted to present rny cormnents at Planning Commission hearings in December 2016 and February 2017. Given that I may be unable to attend the next scheduled hearing on February 21, 2017, I am submitting these written comments to the City for the public record. Many development projects have been proposed for the Carlsbad Boat Club & Resort over the years. For the record, please reference my 2007 letter of comment that was submitted to the City of Carlsbad Planning Department in opposition to one of the original timeshare proposals (Attachment 1). Many ofmy comments in this letter 9.Ytrlap and expand upon points made historically. Overall, my concerns include: · • LAND USE I COMMUNITY NON-COMP AT ABILITY; • TRAFFIC I STREET SAFETY; and • ENVIRONMENTAL/LAGOONIMPACT. ' LAND USE J COMMUNITY NON-COMPATABILITY The proposed timeshare project is not compatible with current or historical use of the property and will likely have an adverse impact on the community. Historical Use and Community Relations: My father, Gene A. Huber, purchased and two adjoining lots along Adams Street·in the1990s. At that time, the Carlsbad Boat Club & Resort featured a Mexican restaurant, a handful of small offices, and a small lounge space and watercraft faunch area. My adolescence includes delightful memo1ies of eating tacos on the patio, while watching Mullet fish leap in the distance. I remember good relations with the property owners. Before the Agua Hedionda Lagoon Foundation building existed, our community of lagoon-lovers were permitted to use CEJ.rlsbad Boat Club. & Resort driveway and parking areas for lagoon clean-up events and other environmentally-focused community building activities. The potential impact associated with the Carlsbad Boat Club & Resort seemed do-able -hours of expected facility operation were finite and well defined, and facility use was open to and appreciated by residents. This allowed the Carlsbad Boat Club & Resort to integrate with the community, in spite of its visitor-commercial land use. Alas, these amiable relations between the Carlsbad Boat Club & Res01i a11d my family ceased sometime in the early 2000s. Since then, my family has almost exclusively accessed our property from the steep follside off Adams Street and ceased any visits to the property not directly related to annual site maintenance. · Page 1 Item #4 April 11, 2017 Page 196 of 213 SARAS. HUBER Comments on Project CT 14-11/PUD 16-02/CUP 14-10-CARLSBAD BOAT CLUB & RESORT Privatization of Use: Timesharns are private vacation properties provided as ownership use rights on a per- week-basis. Thneshares often are exclusive to owners and guests of owners. This privatization of use will prohibit the community from potentially leasing, renting or otherwise interacting with the property. This is a reversal of interaction that has been permitted historically (i.e., rental of the Boat Club, participation in the Floating Yogies, patronage of the restaurant, etc.). Given ongoing hostilities between the Carlsbad Boat Club & Resort and Adams Street property owners, and my 'personal experience with a similar adversarial living situation, I believe 'that this privatization of the lagoon-front through construction of a timeshare will alienate and isolate residents of the lagoon community. Unbounded Hours of Operation: This project will impose on the tranquility and privacy of residents 24 hours a day, 7 days week, 52 weeks each year. Unlike residential projects that would allow for community integration, or previous uses wh:ich had reduced hours of operation, this project represent.'> a constant impact to the lagoon community. High Use Rate: Assuming a forecast use rate of 2 to 4 people per w1it x 20 units x 52 weeks, the timeshare · will result in an ammal rotation of2,000-4,000 vacationers to Adams Street. However, as a timeshare owner, my experience makes me anticipate a higher actual rate of property use. This forecast only represents registered timeshare guests. It does not include prope1iy management personnel, visitors to the units, or · "day-use" privileges offered to timeshare owners living inc.lose vicinity of the property. This forecast also does not account for non-traditional rental of timeshare units. As a working professional, I have limited vacation-time will often "optimize" use of a timeshare week by sharing with friends ( e.g., 2-4 users for the . first half week period and 2-4 different users for the second half-week period). Based on these factors, I propose that the actual annual use rate may be as high as 5,000 persons per year. This high property use rate is not compatible with the surrounding residential com1mmity. Issues of Privacv. Safetv. Etc.: Social media is full of vacation-selphies depicting travelers amidst the "local scene .. , I am concerned that timeshare guests will feel entitled to seeking out the ''authentic lagoon · experience," and as a result, will wander onto APN 206-200-04 private open spaces not barricaded by fences to climb or do yoga poses on posts, fences and furniture, or even peak into windows to "see what's going on" behind closed doors. Alas, City regulations prohibit APN 206-200-04 and my water-front neighbors from constructing a fence along the water-side border of private property. Being unable to mitigate potential future trespassing by vacationers, I am concerned about the potential for vandalism, noise, lack of privacy, and even culpability should injury occur while a timeshare guest Ls· on APN 206-200-Q4. TRAFFIC I STREET SAFETY: lam concerned about traffic and street safety as follows: Traffic Load and Increased Safety Risk on Adams Street: The timeshare will increase the traffic flow on all the narrow streets around the lagoon, and wi11 have significant impact along Adams Street. Adams Street is a daunting, sinuous stretch of road to navigate because of sharp tmns, driveways and roads with poor lines of site, many changes in grade, and limited road infrastructure such as sidewalks, curbs, and lights. I am concerned that dawn, dusk and evening driving along Adams Street by non-residents will be correlated with an increase in traffic accidents. Adams StTeet is also home to children that bike ride, skateboard, and recreate. I am qmcerned for their safety. The increased traffic load associated with the proposed timeshaie . project is not compatible with the surrounding residential neighborhood. ' . . . . . Incomplete Tl·affic Load Analvsis: The proposed traffic impact should be re-evaluated to accurately reflect likely property use and traffic trips. The Vons and RiteAid located on Tamarack is 0.8 miles away from the Carlsbad Boat Club & Resort. This strip map represents the nearest "hub" for obtaining food and supplies required to subsist for a week at a timeshare. The lack of sidewalks along Adams \Vil1 deter non-resident& Page 2 Item #4 April 11, 2017 Page 197 of 213 SARAS. HUBER Comments on Project CT 14-11/PUD 16-02/CUP 14-10-CARLSBAD BOAT CLUB & RESORT from walking, while the short distance will likely encourage more frequent, short trips to and from Tamarack for as-i1eeded groceries, snacks, beach and water toys, etc. These trips would likely be in addition to other forecast traffic trips generated by guests, visitors, day-use, and property management personnel. Inadequate Parking: The project assumes all parking associated with the project may be conducted on-site, but there are only two parking spaces designated for visitors. According to the 20 16 Visitor Industry Performance index, 22%-32% more vacationers overnight in San Diego County during the summer compared to the rest of the year. The frequency of day use is 52-58% greater during the summer (see Attachment 2). Given the idyllic water-front setting of the Carlsbad Boat Club & Reso11, I would expect that during the summer, more than 10% of the units would have a batch of visitors (e.g., 1 car per 10 timeshare units). During summer weekends, I would also expect that "day-use" would become an additional demand for visitor parking. For these reasons, I strongly believe that the proposed on-site parking wiU be inadequate, especially during peak seasonal use. Safety is the primary reason for my concern about parking overflow. There is little space along Adams Street for parallel parking. Street-parked vehicles will likely have a direct impact on .the lines of site from the blind turn from Park Drive;as well as the future driveway at APN-206-000-04 (and other adjoining residences). Therefore, additional parking onsite should be mandatory for this project to be even be considered acceptable by the Planning Commission. ENVIRONMENTAL I LAGOON IMP ACT: The Agua Hedionda Lagoon represents a precious community resource that is designated in the San Diego Basin Plan as a State Marine Reserve and Ecological Reserve. In my previous letter, I raised concerns about lagoon water quality and appropriate recreational use of the lagoon by visitors and guests of the timeshare. My concerns link the high vacationer tum-over expected and a resulting lack of lagoon-stewardship as a direct result of a lack of personal knowledge and understanding of the lagoon's unique environmental hist01y. I am concerned about how this project may change trash generation rates along the waterfront and around the lagoon. New trash regulations are ·coming online as part of the California Trash Amendments (Part I Trash Provisions of the ftVater Quality Control Plan.for Inland Surface Waters, Enclosed Bays, and Estuaries of Cal[fornia). This project's unique water-front location and proposed high-density use may warrant further scn1tiny by the City. 1n 2007, I wrote a letter in protest of the original 29 unit timeshare proposal, which was rejected by the City. Ten years later, the timeshare project has once again inspired the community to rally together in opposition. We do not w.ant a "hotel" constructed along Adams Street. I strongly urge you to vote against approval of this project. Sincerely, p (J 1a1, ,,,t)tkc xJ 61}«,fj{L-- Sara S. Huber Attachments: Page 3 Attachment 1: Historical Project Comment Letters in Opposition (2007 and 2006) Attachment 2: Statistics from San Diego Visitor Industry Performance Report (2016) Item #4 April 11, 2017 Page 198 of 213 SARAS. HUBER London Wl U 4EQ - July 23, 2007 City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, CA 92008-7314 PROJECT NAME: Carlsbad Boat Club and Resort -Adams Street, Carlsbad PROJECT NUMBER: CT 06-16/CUP 06-16 Gentlemen: My family owns property on Adams Street (). At this time, the properties are undeveloped, but we intend to build a single family residence on one of the lots in the future. The grading for a single family home has just begun on the lot adjacent to our lots and next to the Boat Club. The surrounding existing properties are all single family residences. I have some serious concerns regarding the proposed development of a 29-unit timeshare on above mentioned site. According to the October 2006 City Zoning Map, the Boat Club is zoned as "Residential Tourist." Since 1995 when my family purchased the three lots adjacent to the Boat Club, that property has been used as a boat launch, restaurant, residence, and a small office space. Surface parking has been provided on site. The facilities have so far been relatively small and the location has been able to handle the people traffic and large gatherings have been the exception. The proposed timeshare would bring a sizable year-round population in "vacation mood" to the area which significantly would disrupt life around Agua Hedionda Lagoon: Tourists, as a general rule, are not concerned with the long term effects their stay has on the local ambiance and environment (particularly sensitive in this area). They are usually unaware oflocal rules and historical problems. For example, I doubt children or their parents will feel the need to obey the safety imposed ban on swimming. Similarly, tourists are most likely unaware of the Lagoon's historical water quality problems with Caulerpa taxifolia and a heavy use of watercraft will probably result in further deterioration of the water quality. I am also concerned about the future safety and sanctity of my future home. In accordance with development regulations, I will not be able to build a fence along the south side of the property (towards the water) which potentially would render the public easy access onto the property. Item #4 April 11, 2017 Page 199 of 213 Carlsbad Boat Club and Resort Project on Adams Street, Carlsbad, CA CT 06-16/CUP 06-16 Page 2 of2 That makes me wonder what would prevent visitors from trespassing and possibly vandalizing the homes along the shore. The project proposal also includes an underground parking structure. I cannot see how it would be possible to build a garage large enough to satisfy the actual demand for parking from all timeshare owners and staff in addition to the vehicles of the visiting friends of guests and day- use visitors. How would the site handle potential parking overflow? There is certainly not any safe parking along the street. The timeshare would not only increase the traffic flow on all the narrow streets in the neighborhood, but specifically on a particularly dangerous portion of Adam Street. I hope that these concerns of mine and many more will be thoroughly addressed in future public forums and the project Environmental Impact Report. I am very much against this project and hope that all authorities involved will deny this development to go forward. I am currently studying in United Kingdom and am unable to access the public records kept at the City, but I would appreciate it if you would be able to give me information on how I can stay informed of the development of this project. Thank you for your time. Sincerely, Sara Suzanna Huber, E.I.T. Item #4 April 11, 2017 Page 200 of 213 SARA S. HUBER Dundee, DD1 4HD, Scotland - October 20, 2006 . City of Carlsbad Mr. Van Lynch Planning Department 1635 Faraday Avenue Carlsbad, CA 92008-7314 PROJECT NAME: Carlsbad Boat Club and Resort -Adams Street, Carlsbad PROJECT NUMBER: CT 06-16/CUP 06-16 Gentlemen: My family owns property on Adams Street (). At this time, the property is undeveloped, but we intend to build a single family residence in the future. The grading for a single family home has just begun on the lot adjacent to our lots and next to the Boat Club. The surrounding existing properties are all single family residences. I have some serious concerns regarding the proposed development of a 20-unit timeshare on this particular site. According to the October 2006 City Zoning Map, the Boat Club is zoned as "Residential Tourist." Since 1995 when my family purchased the three lots adjacent to the Boat Club, that property has been used as a boat launch, restaurant, residence, and a small office space. Surface parking has been provided on site. The facilities have so far been relatively small and the location has been able to handle the people traffic and large gatherings have been the exception. The proposed timeshare would bring a sizable year-round population in "vacation mood" to the area which significantly would disrupt life around Agua Hedionda Lagoon. Tourists, as a general rule, are not concerned with the long term effects their stay has on the local ambiance and environment (particularly sensitive in this area). They are usually unaware of local rules and historical problems. For example, I doubt children or their parents will feel the need to obey the safety imposed ban on swimming. Similarly, tourists are most likely unaware of the Lagoon's historical water quality problems with Caulerpa taxifolia and a heavy use of watercraft will probably result in further deterioration of the water quality. I am also concerned about the future safety and sanctity of my future home. In accordance with development regulations, we will not be able to build a fence along the south side of the property (towards the water) which potentially would render the public easy access onto the property. Item #4 April 11, 2017 Page 201 of 213 2006 Carlsbad Boat Club and Resort Project on Adams Street, Carlsbad, CA CT 06-16/CUP 06-16 Page 2 of2 That makes me wonder what would prevent visitors from trespassing and possibly vandalizing the homes along the shore. · The project proposal also includes an underground parking structure. I cannot see how it would be possible to build a garage large enough to satisfy the actual demand for parking from all timeshare owners and staff in addition to the vehicles of the visiting friends of guests and day- use visitors. How would the site handle potential parking overflow? There is certainly not any safe parking along the street. The timeshare would not only increase the traffic flow on all the narrow streets in the neighborhood, but in particularly on a particularly dangerous portion of Adam Street. I hope that these concerns of mine and many more will be thoroughly addressed in future public forums and the project Environmental Impact Report. I am very much against this project and hope that all authorities involved will deny this development to go forward. I am currently studying in United Kingdom and am unable to access the public records kept at the City, but I would appreciate it, if you would be able to give me information on how I can stay informed of the development of this project. Thank you for your time. Sincerely, Sara Suzanna Huber, E.I.T. Item #4 April 11, 2017 Page 202 of 213 SARAS. HUBER Comments on Project CT 14-11/PUD 16-02/CUP 14-10-CARLSBAD BOAT CLUB & RESORT Results from the San Diego Visitor Industry Performance Report for 2016 https ://www .s andiego. org/ about/industry-research. aspx San Diego County Visitor Volume by Calendar Year Month (2016 Overnight Visitor Volumes) Visitor Location Jan-16 Feb-16 Mar-16 Apr-16 May-16 Jun-16 Jul-16 Aug-16 Sep-16 Oct-16 Nov-16 Hotel/Motel 664,000 684,000 879,000 837,000 799,000 1,011,000 1,026,000 908,000 829,000 802,000 725,000 Household 585,000 423,000 380,000 448,000 471,000 506,000 870,000 686,000 450,000 436,000 616,000 Other Overnight* 75,00.0 64,000 68,000 79,000 80,000 84,000 101,000 105,000 78,000 75,000 84,000 Overnight Visitor 1,324,000 1,171,000 1,327,000 1,364,000 1,350,000 1,601,000 1,997,000 1,699,000 1,357,000 1,313,000 1,425,000 * Assumed to represent Timeshares, Air B&B and other alternative forms of housing. January-May 2016 Average: 73,200 visitors 96,667 visitors 79,250 visitors June-Augustrepresents 32% more than January-May average. June-August 2016 Average: September-December 2016 Average: June-August represents 22% more than January-May average. San Diego County Visitor Volume by Calendar Year Month (2016 Day Time Visitor Volumes) Day Visitor Volume Jan-16 Feb-16 Mar-16 Aur-16 Day Visitors 541,000 671,000 1,139,000 1,019,000 Mexican Day Visitors 361,000 318,000 413,000 390,000 Total Visitors 902,000 989,000 1,552,000 1,409,000 January-May 2016 Average: June-August 2016 Average: September-December 2016 Average: 1,258,000 visitors 1,987,700 visitors 1,307,300 visitors ATTACHMENT 2 May-16 Jun-16 Jul-16 Au2-l6 Seo-16 Oct-16 Nov-16 1,076,000 1,116,000 2,119,000 1,618,000 934,000 1,023,000 695,000 362,000 347,000 390,000 373,000 360,000 383,000 422,000 1,438,000 1,463,000 2,509,000 1,991,000 1,294,000 1,406,000 1,117,000 June-August represents 58% more than January-May average. June-August represents 52% more than January-May average. Dec-16 682,000 737,000 80,000 1,499,000 Dec-16 1,001,000 411,000 1,412,000 Item #4 April 11, 2017 Page 203 of 213 Teri Delcamp From: Sent: To: Subject: James Courtney < Tuesday, January 17, 2017 5:53 PM Teri Delcamp; Greg Fisher; Don Neu Carlsbad Boat Club Project (CT 14-11 / CUP 14-10) Dear Carlsbad City Planners: I just wanted to drop you a note in support of the project at the Carlsbad Boat Club. I know that this project has been in the works for more than a decade and that Jim and Mike have put together a very well thought out project that will be as great for the citizens of Carlsbad as it will be for the City of Carlsbad itself. Given the zoning restrictions and the goals of the City of Carlsbad and the Coastal Commission, I cannot think of a better developed project for this site. I strongly urge you to approve the project and I will lend my support in any way I can. Thanks much for your attention to this important matter and please let me know if I can provide any further information or otherwise answer any questions. · Best regards, James J. Courtney 1 ) Item #4 April 11, 2017 Page 204 of 213 Teri Delcamp From: Sent: To: Cc: Subject: -----Original Message----- Don Neu Tuesday, January 24, 2017 3:06 PM Teri Delcamp Farah Nisan FW: Carlsbad Boat Club Project From: Sent: Tuesday, January 24, 2017 9:28 AM To: Don Neu <Don.Neu@carlsbadca.gov> Cc: Greg Fisher <Greg.Fisher@carlsbadca.gov> Subject: Carlsbad Boat Club Project I have lived in Carlsbad for nearly 60 years. The city has done a wonderful job in protecting its growth. The best growth plan in the County. However, we have a group who wish to stop all growth. That is insane. A person has a right to develop his land and make a profit on his inv,estment. The Carlsbad Boat Club P:reject is a reasonable plan and deserve your approval. Thank you for your service to our city, and I know you will do the correct thing fort our city and not just the no growth people. If the don't want the project, they should buy the plan and keep it as op~n space. Joe DeDiminicantanio 47081 While every attempt has been made to remove all malware and computer viruses sender assumes no liability 1 Item #4 April 11, 2017 Page 205 of 213 Teri Delcamp From: Planning- Sent: To: Monday, February 06, 2017 10:24 AM Teri Delcamp Subject: FW: 20 unit timeshare From: Mo Nowell [mailto:je Sent: Wednesday, February 0~, 2017 3:42 -PM To: Planning · Subject: 20 unittimeshare To whom it may concern, My family have been residents in Bristol Cove since 1973 and feel very strongly· that the timeshare project and all that is inherent to that type cif project, in this area ,would be detrimental, not only to the residents but the community that participates in all the Lagoon has to offer.We need people more permanent,that take part in the Carlsbad community as a whole, on an on going basis and that are vested in the beauty and value of this beautiful area for the long haul not just a week or so vacation .. Thank you for all your time and consideration in this matter. The Nowell Family, Marina Drive,Carlsbad 1 . Item #4 April 11, 2017 Page 206 of 213 Teri Delcamp From: Planning Sent: To: Monday, February 06, 2017 10:24 AM . Teri Delcamp Subject: FW: 20 Unit Timeshare From: Scott Engel [mailto:l Sent: Wednesday, Feqruary 01, 2017 6:46 AM To: Planning Subject: 20 Unit Timeshare Greetings, Regarding the 20 unit timeshare proposal at the boathouse on Adams. My family and I near the lagoon and are on Adams daily, either going to work, school or exercising. With the understanding that the property will be developed at some point via input from Mayor Hall, it would be our stance that the 20 unit timeshare is _not a compatible solution. It would be preferable to have something that would serve as an amenity for the visitors AND residents. The surrounding vacinity is entirely residential and a timeshare would provide no benefit to the residents, only inconvenience. It's not unreasonable to want some level of value in exchange for the impact of increased traffic and access by non-residents. Thank you for your consideration. In good faith, Scott Engel, East Tamarack 1 Item #4 April 11, 2017 Page 207 of 213 Teri Delcamp From: Sent: To: Planning Monday, February 06, 2017 5:05 PM Teri Delcamp Subject: FW: Proposed Timeshare Development on Adams From: Cori Schumacher Sent: Monday, February 06, 2017 11:21 AM To: Planning Subject: Fwd: Proposed Timeshare Development on Adams Hello, I am forward_ing this for the Planning Department and Planning Commissioners, given the project has not yet come before the Commission. Kindly, Cori Schumacher Council Member 1200 Carlsbad Village Drive Carlsbad, Ca. 92008 760.434.2830 I cori.schumacher(a),carlsbadca.gov Begin forwarded message: From: Wendy Hein < Date: February 3, 2017 at 8:15:22 AM PST To: cori. schumacher(a),carls badca. gov Subject: Proposed Timeshare Development on Adams Dear Councilwoman Schumacher, My name is Wendy Gray Hein. My husband, Greg and I have lived at 4264 Highland Drive in Old Carlsbad since 2000. Our home was built in 1950 and we were pleased to move into an established, older neighborhood. We recently retired from our full-time jobs as primary teacher (I taught at Magnolia Elementary School for 26 years) and Greg was an electrical engineer ( at Qualcomm). Our neighborhood is amazing ... quiet and family oriented. Several ofmy former students live nearby. I feel comfortable taking our 5 grandchildren for walks to Holiday Park or over to my former school playground to play. Our streets feel safe and secure, as our neighbors observe the speed limits and watch for youngsters crossing the roads on their way to schools and/or sports activities. There are no sidewalks on my block, but there is not much traffic either. This idyllic neighborhood setting is sure to change with the construction of a proposed timeshare 1 Item #4 April 11, 2017 Page 208 of 213 development on Adams Street, right below us. There may be up to 3,000 potential visitors in vacation mode using our highly pedestrian and scenic Adams Street in the future. Parking alone would be a nightmare on this quaint country road. It has 7 blind turns and only 5% paved sidewalks ... a perfect invitation for tragedy to walkers, joggers and bike riders alike. Has the Coastal Commission approved of this timeshare development? Carlsbad used to be much more discerning about land use this close to our lagoons or ocean. It is my understanding that this timeshare project was defeated years ago due to size and density. The newer design today has made minimal changes to their original plans. The small concessions by the builder cannot offset the fact that insufficient parking for visitors' cars will surely be an eyesore, as well as a traffic hazard for full-time residents in the area. Most of the buildings on Adams Street are single family dwellings, purchased or built by homeowners who appreciate a serene and quiet neighborhood for their families. This project will turn our settled neighborhood into a tourist zone for transients, where vacationers have little regard for speed limits or children walking to school (there are 5 schools within walking distance of the proposed timeshare project). Accidents will happen, and the city of Carlsbad will ultimately be responsible, because it allowed this sort of development to occur at such an ill-suited building site in the midst of an established neighborhood. Please do not allow a high density project that caters to temporary visitors every week to take place here. The increased traffic will place full-time residents ( espedally younger ones) at much greater risk. Please protect this wonderful established neighborhood in Carlsbad. Respectfully yours, Wendy Hein Sent from my iPad 2 Item #4 April 11, 2017 Page 209 of 213 Item #4 April 11, 2017 Page 210 of 213 Item #4 April 11, 2017 Page 211 of 213 Item #4 April 11, 2017 Page 212 of 213 Item #4 April 11, 2017 Page 213 of 213 City of Carlsbad ?{'a \ll cL cl ~ ~ t \ ~p)'\;"1{-<v, ~~Jd-~ ' Public Works Department/Traffic & Mobility Division From 1/1/2008 to 4/10/2017 Total Collisions: 2 Injury Collisions: 1 Collision Summary Report 4/10/17 Fatal Collisions: 0 ADAMS ST from HIGHLAND DR to PARK DR 09-6861 10/7/2009 17:30 Wednesday ADAMS ST-HIGHLAND DR Broadside Party 1 Driver North Veh Type: Passenger Car Party 2 Driver South Veh Type: Pickup Truck 11-2487 4/23/2011 Broadside Party 1 Driver East Veh Type: Passenger Car Party 2 Parked Vehicle West Veh Type: Other Motor Vehicle Wrong Side of Road Proceeding Straight Sobriety: HNBD Proceeding Straight Sobriety: HNBD 22:02 Saturday Male Age: 17 Assoc Factor: Violation Male Age: 58 Assoc Factor: None Stated ADAMS ST-PARK DR Parked Motor Vehicle Unsafe Speed Proceeding Straight Sobriety: HNBD Parked Sobriety: Not Applicable Male Age: 23 Assoc Factor: None Apparent Age: Assoc Factor: None Apparent Segment Length: 0.36 miles (1,887') Settings for Query: Segment: ADAMS ST between HIGHLAND DR and PARK DR Include Intersection Related at Limit 1 (HIGHLAND DR): True Include Intersection Related at Limit 2 (PARK DR): True Include Intersection Related at Intermediate Intersections: True Sorted By: Date and Time 1056' Direction: South Daylight Complaint of Pain Clear Page 1 of 1 Pty at Fault:1 #Killed: 0 21650 22350 Hit & Run: No Passenger Car, Station Wagon, Jeep Cell Phone Not In Use Pickups & Panels Cell Phone Not In Use # lnj: 2 Complaint of Pain No Injury 186' Direction: West Dark-Street lig Cloudy Pty at Fault:l Hit & Run: No Property Damage Only # lnj: 0 #Killed: 0 Passenger Car, Station Wagon, Jeep Cell Phone Not In Use Not Stated No Injury No Injury City of Carlsbad Public Works Department/Traffic & Mobility Division From 1/1/2008 to 4/10/2017 Total Collisions: 2 Injury Collisions: 2 Collision Summary Report 4/10/17 Fatal Collisions: 0 ADAMS ST from HIGHLAND DR to HOOVER ST 15-1562 3/5/2015 Hit Object 12:00 Thursday Fixed Object Party 1 Driver South Making Left Turn Veh Type: Passenger Car Sobriety: HNBD 17-1397 3/5/2017 18:18 Sunday Other Non-Collision ADAMS ST-HOOVER ST Unsafe Speed Male Age: 20 Assoc Factor: Violation ADAMS ST-HOOVER ST Unsafe Speed Party 1 Bicyclist South Proceeding Straight Male Age: 58 Veh Type: Motorized Bicycle Sobriety: HBD Not Under lnflu Assoc Factor: None Apparent Segment Length: 0.24 miles (1,243') Settings for Query: Segment: ADAMS ST between HIGHLAND DR and HOOVER ST Include Intersection Related at Limit 1 (HIGHLAND DR): True Include Intersection Related at Limit 2 (HOOVER ST): True Include Intersection Related at Intermediate Intersections: True Sorted By: Date and Time 528' Direction: South 22350 Hit & Run: No Daylight Clear Other Visible Injury # lnj: 1 Page 1 of 1 Pty at Fault:1 #Killed: 0 Passenger Car, Station Wagon, Jeep Cell Phone Not In Use Other Visible Injury 272' Direction: South Dark-No Street Cloudy Pty at Fault:1 22350 Hit & Run: No Other Visible Injury # lnj: 1 #Killed: 0 Motorized Bicycle Other Visible Injury Cell Phone Not In Use Faviola Medina From: Sent: To: Tommy Dean Tuesday, Aprilll, 2017 5:59PM Faviola Medina Subject: Fwd: Petition Protect Our Lagoon and Neighborhood Sent from my iPhone Begin forwarded message: From: Tommy Dean < Date: April 10, 2017 at 3:23:50 PM PDT To: faviola.medina@carlsbad.gov Subject: Petition Protect Our Lagoon and Neighborhood Ms. Medina, please find the link to the petition against the development of the 20 unit timeshare on Adams Street. Please confirm that you have received this email and that the link is satisfactory for presentation for tomorrow night. Sincerely, Tommy Dean https:/ /www .ipetitions.com/petition/keep-carlsbad-lagoon-local Sent from my iPhone 1 Faviola Medina From: Sent: To: Cc: Subject: Morgen, Please distribute to council. Andi Council Internet Email Tuesday, Aprilll, 2017 2:22PM Morgen Fry City Clerk; Teri Delcamp FW: Timeshare Development: Adams Avenue From: Ellen Wolfe [mailto Sent: Tuesday, Aprilll, 2017 1:44PM To: Matthew Hall <Matt.Hall@carlsbadca.gov>; Cori Schumacher <Cori.Schumacher@CarlsbadCA.gov>; Keith Blackburn <Keith.Biackburn@carlsbadca.gov>; Michael Schumacher <michael.schumacher@carlsbadca.gov>; Mark Packard <Mark.Packard@carlsbadca.gov> Cc: Council Internet Email <CityCouncil@carlsbadca.gov>; Alan & Barbre Katof <a Subject: Timeshare Development: Adams Avenue I'm a long-time Carlsbad resident who is very concerned about the proposed, 20-unit timeshare development on Adams. I'm unable to be at the City Council meeting tonight so am sending my views in advance in this email. I live on Bryce Circle not far from where this large development is proposed. The timeshare as planned is too intensive a development for this residential area in terms of the number of people who will cycle through it year-round. The massive bulk and scale of the development is inappropriate in this setting of single-family residences. Adams is a winding, unimproved street with no curbs. The timeshare project will produce a level of traffic on this street -and in our neighborhoods -which is neither safe nor consistent with the current neighborhoods. i ask you to deny permission for the development in this form. Ellen Wolfe Ellen K. Wolfe The information transmitted is intended only for the person(s) or entity(ies) to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination, or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. If you received this in error, please contact the sender and delete the material from any computer. 1 Faviola Medina From: Council Internet Email Sent: To: Monday, April 10, 2017 1:28 PM Morgen Fry Cc: Subject: Morgen, Please distribute to council. Andi -----Original Message----- City Clerk; T eri Delcamp FW: 4509 Adams St From: Erin [mailto:e Sent: Monday, April10, 2017 11:28 AM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: 4509 Adams St Attention City Council members, Tomorrow night there will be a meeting discussing the approval for the 20 unit time share at 4509 Adams st. I think this would be a great build for our community. Regards, Erin Robertson 1 Faviola Medina From: Sent: To: Cc: Subject: Please distribute to council. Council Internet Email Monday, April 10, 2017 1:28 PM Morgen Fry City Clerk; Teri Delcamp FW: 4509 Adams Street From: Sarah Castiglione [mailto:s Sent: Monday, April10, 2017 10:19 AM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: 4509 Adams Street Good morning, I was born and raised in Carlsbad, went through Magnolia Elementary, Valley Junior High (prior to being a middle school) and graduated Carlsbad High school in 1997. I am now raising my 3 children here and I believe that the 20 unit timeshare would be a great addition to our community. Thank you, Sarah Brookhart Castiglione 1 Faviola Medina From: Council Internet Email Sent: To: Monday, April 03, 2017 11:28 AM City Clerk Cc: Teri Delcamp Subject: FW: 20 Unit TIMESHARE Attachments: BCPOA -City of Carlsbad opposition letter to Council.16.docx This is regarding the Carlsbad Boat Club that is on the agenda for Aprilll. Letter attached. From: Jim strickland [mailto:jim. Sent: Sunday, April 02, 2017 1:51 PM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: 20 Unit TIMESHARE I attached a letter for the Council regarding the Carlsbad Boatclub & Resort project CT 14-11 CUP 14-10 which is on the agenda for April 11th. Thanks, Jim 1 Faviola Medina From: Sent: To: Cc: Subject: Council Internet Email Monday, April 03, 2017 11:27 AM City Clerk Teri Delcamp FW: 20 timeshare unit development in Carlsbad This is regarding the Carlsbad Boat Club that is on the agenda for Aprilll. From:.com [mailto:l ] On Behalf Of Lore Miranda Sent: Sunday, April 02, 2017 2:53PM To: Matthew Hall <Matt.Hall@carlsbadca.gov>; Cori Schumacher <Cori.Schumacher@CarlsbadCA.gov>; Keith Blackburn <Keith.Biackburn@carlsbadca.gov>; Michael Schumacher <michael.schumacher@carlsbadca.gov>; Council Internet Email <CityCouncil@carlsbadca.gov>; Mark Packard <Mark.Packard@carlsbadca.gov> Subject: 20 timeshare unit development in Carlsbad There are many reasons why I am not in favor of the 20 timehare development in Carlsbad. Some of my reasons are: parking (almost none), traffic and the problems with people coming in and out of that driveway from a street that is precarious to circumvent anyhow, fitting in with the neighborhood which is very upscale. I am a Carlsbad resident living along the lagoon and would appreciate your vote for NO. Thank you, Lore Miranda 1 Andrea Dykes From: Sent: To: Subject: To whom it may concern Peneku, Leland <g Tuesday, Aprilll, 2017 1:27PM Council Internet Email 20 Unit Time Share Project All Receive -Agenda Item # Lf For the Information of the: CITY COUNCIL ACM ./ CA V' CC V'" "'------Date~ City Manager ~ I am asking for the Council to please allow the 20 Unit Time Share Project to be placed on the agenda for to nights meeting. Kind Regards Leland K. Peneku Carlsbad, CA 92010 Sent from my iPhone 1 Morgen Fry From: Sent: To: Cc: Subject: Morgen, Please distribute to council. Andi Council Internet Email Tuesday, Aprilll, 2017 8:19AM Morgen Fry City Clerk; Teri Delcamp FW: 4509 Adams St From: Dr Kathleen Alderete [mailto Sent: Monday, AprillO, 2017 6:36 PM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: 4509 Adams St AH Receive -Agenda Item # _:±. For the Information of the: CITY COUHCIL i'CM v' CA V GC_L ' .. ..:te ~C(t}1 Manager v" I take this opportunity to let the council know that I support the timeshare project being submitted by Mr. Michael Pfankuch. I am a resident and business owner in Carlsbad since 1999. I hope you take this into consideration when you vote on the project. Kathleen Alderete, D.C. Sent from Yahoo Mail for iPhone 1 Morgen Fry From: Council Internet Email Sent: To: Tuesday, Aprilll, 2017 8:57AM Morgen Fry Cc: City Clerk; Teri Delcamp Subject: FW: 20 unit timeshare at 4509 Adams St. Morgen, Please distribute to council. Andi From: beau watling [mailto:b Sent: Tuesday, April11, 2017 8:26AM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: 20 unit timeshare at 4509 Adams St. to whom it may concern: My name is Beau Watling. My wife, Rosie Watling, and myselflive are long time residents and property owners at . Over the last 25 years, we have watched this community grow from strawberry and tomato fields to the bustling community that it is today. As active residents in the community, we too, enjoy the use of many of the projects that have been approved over the years. Many families are incorporating local attractions into their family vacations. This project too, could become a facility that locals along with tourists could come to enjoy and stay. separately from tourist tax revenue and spending, you could also keep local tax revenue and spending in the city. I truly hope that you find it in your powers to approve this well thought out project, as my family and myself look forward to spending some of our vacation time on the lagoon. Regards, Beau Watling Carlsbad, CA 92008 1 Morgen Fry From: Council Internet Email Sent: To: Tuesday, Aprilll, 2017 8:55AM Morgen Fry Cc: Subject: Morgen, Please distribute to council. Andi -----Original Message----- City Clerk; Teri Delcamp FW: Carlsbad boat club From: Andrew Miller [mailto:r Sent: Tuesday, Aprilll, 2017 8:46AM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: Carlsbad boat club As a local resident of Carlsbad I feel that only good things can come from the proposed timeshares on Adams st. I feel that for the community it would offer a nice living situation for future residents. Andrew Miller Sent from my iPhone 1 Morgen Fry From: Sent: To: Cc: Subject: Morgen, Council Internet Email Monday, April 10, 2017 10:16 AM Morgen Fry City Clerk; Teri Delcamp FW: 4509 Adams Street Please print and distribute to council. Thanks, Andi From: Matthew Hollander [mailto:m Sent: Monday, April10, 2017 10:08 AM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: 4509 Adams Street To whom it may concern, All Receive -Agenda Item # .1_ For the Information of the· CITY COUNCIL . ACM ,/' CA .-/ CC V Date~E:f::c· - -...lJ!:!fD. rty Manager L We writing you to let you know that the proposed 20-unit time share would be beneficial for the city of Carlsbad. Please approve this project. Thank you, Matt and Josie Hollander 1 Morgen Fry From: Council Internet Email Sent: To: Monday, April10, 2017 10:15 AM Morgen Fry Cc: Teri Delcamp; City Clerk Subject: FW: 20 Unit timeshare at 4509 Adams St Morgen, Please print and distribute to council. Thanks, Andi From: Smart, Tony D [mailto:T Sent: Monday, April10, 2017 9:20AM To: Council Internet Email <CityCouncil@carlsbadca.gov> Cc: tonysm@roadrunner.com Subject: 20 Unit timeshare at 4509 Adams St Dear Council members- Hi my name Tony Smart I live at I am sure you have a lot of issues to deal with so I will make this as short as possible. I was at the last hearing on this project and I listened to the people for and against and as a home owner I was very concerned. I see absolutely nothing wrong with this development, as I drive on Adams and also the 5 Freeway I see huge houses that hide the water all over on Adams St, and from the view from the 5 you can't tell if they are homes or apartments. This project will be low enough were you can still see the water unlike those giant homes on Adams and yet those houses are approved for new build or remodel. An issue that was brought up was will it have public access-Why should it do those giant houses have public access? No they don't why should they? I would never think to walk through someone else's property to get access to the lagoon. Another issue brought up was-does the design match with landscape surroundings? Nothing else in Carlsbad does there are huge buildings and houses surrounded by small business building and small houses, old architecture next to new and do not conform together at all. As a home owner and longtime resident I wonder why this property owner is being told what he can and can't do on his own property, he has done his part by conforming to all demands and I wonder how much money he has spent to get this up and running, I also wonder how much money and exposure this would bring to Carlsbad. Please consider staying ahead of the curve we are a growing city, a beautiful city , a thriving city with new homes, new business coming here daily why not have another small ,quaint time share or hotel to show off our city and increase revenue? Sounds like a no brainer to me. Thanks Tony Smart The contents of this e-mail message and any attachments are intended solely for the addressee( s) and may contain confidential 1 Morgen Fry From: Council Internet Email Sent: To: Monday, AprillO, 2017 9:57AM City Clerk Cc: Morgen Fry; Teri Delcamp Subject: FW: time share project at 4509 Adams st This is regarding Agenda Item 4, Carlsbad Boat Club and Resort. From: madelein kern [mailto: Sent: Monday, AprillO, 2017 9:06AM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: time share project at 4509 Adams st hi we Larry and Madelein Kern own a home on here in Carlsbad. We support the time share project at 4509 Adams st . Will bring up the value of homes also improve this area. Larry and Madelein Kern 1 Morgen Fry From: Sent: To: Cc: Subject: Please distribute to council. Council Internet Email Monday, April10, 2017 1:28PM Morgen Fry City Clerk; Teri Delcamp FW: 4509 Adams Street From: Sarah Castiglione [mailto: Sent: Monday, April10, 201710:19 AM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: 4509 Adams Street Good morning, I was born and raised in Carlsbad, went through Magnolia Elementary, Valley Junior High (prior to being a middle school) and graduated Carlsbad High school in 1997. I am now raising my 3 children here and I believe that the 20 unit timeshare would be a great addition to our community. Thank you, Sarah Brookhart Castiglione 1 Morgen Fry From: Council Internet Email Sent: To: Monday, April10, 2017 1:28PM Morgen Fry Cc: Subject: Morgen, Please distribute to council. Andi -----Original Message----- City Clerk; Teri Delcamp FW: 4509 Adams St From: Erin [mailto: Sent: Monday, AprillO, 2017 11:28 AM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: 4509 Adams St Attention City Council members, Tomorrow night there will be a meeting discussing the approval for the 20 unit time share at 4509 Adams st. I think this would be a great build for our community. Regards, Erin Robertson 1 Faviola Medina From: Council Internet Email Sent: To: Wednesday, April12, 2017 7:58AM Morgen Fry Cc: Subject: Morgen, City Clerk; Teri Delcamp FW: 4509 Adams St This came in after hours yesterday. Please distribute to council to it will be attached to Item #4 in HPRM. Thanks, Andi -----Original Message----- From: Sarah Breiner [mailto: Sent: Tuesday, Aprilll, 2017 5:35 PM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: 4509 Adams St City Council, I am emailing asking you to approve the 20 unit time share at 4509 Adams st. I believe it will be a nice addition to Carlsbad. Thank you, Sarah Breiner 1 PROJECT Project Description • Tentative Tract Map Nonresidential Planned Development Permit Conditional Use Permit CEQA Categorical Exemption • 1.02 acres (.91 acres above mean high tide line) • Demolition of Restaurant and Single Family Residence • Construction of 20 Unit Timeshare Condominium Project • Height - 3 5' above existing grade • Parking -32 + 2 boat parking • Lot Coverage-43% (19,066 sq.ft.) (48% of net lot area) • Gross Floor Area-47,851 sq.ft. (including garage) 04/06/17 Opposition to Carisbad Boat Cub .} Resort FINDINGS Required Findings Cannot Be Made Nonresidential Planned Development Permit 1. The granting of this permit will adversely affect and will not be consistent with the code, the general plan, applicable specific plans, master plans, and all adopted plans of the city and other governmental agencies; 2. The proposed use at the particular location is not necessary and desirable to provide a service or facility which will contribute to the general well-being of the neighborhood and the community; 3. Such use will be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity; 04/06/17 Opposition -;:o Carlsbad Boat Club & Resort Required Findings Cannot Be Made Conditional Use Permit 1. That the requested use is not necessary or desirable for the development of the community, and is not in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan; 2. That the requested use is detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located; 3. That the site for the proposed conditional use is not adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the city planner, planning commission or city council, in order to integrate the use with other uses in the neighborhood; 4. That the street system serving the proposed use is not adequate to properly handle all traffic generated by the proposed use. 04/06/17 Opposition to Carlsbad Boat Cub & Resort Required Findings Cannot Be Made Tentative Tract Map 1. The proposed subdivision, together with the provisions for its design and improvement, is not consistent with the general plan, applicable master and specific plans and with applicable provisions of Title 21. 2. All approvals and permits required by Title 21 for the project have not been obtained or will be concurrently obtained with the approval of the subdivision. 3. The site is not physically suitable for the type of development. 4. The site is not physically suitable for the proposed density of development. 04/06/17 Opposition to Carlsbad Boat Club & Resort USE The Boat Club is Not Consistent with the General Plan 2-G.3 Promote infill development that makes efficient use of limited land supply, while ensuring compatibility and integration with existing uses. Ensure that infill properties develop with uses and development intensities supporting a cohesive development pattern. 2-G.5 Protect the neighborhood atmosphere and identity of existing residential areas. 2-P.41 Ensure that the review of future projects places a high priority on the compatibility of adjacent land uses along the interface of different residential density and non-residential intensity categories. Special attention should be given to buffering and transitional methods, especially, when reviewing properties where different residential densities or land uses are involved. • Project site is sole Residential Tourist zoned lot within area ofR- 4 zoning. Proposed 20-unit time share is not compatible with adjacent single family residence on large lots. This project is an anomaly in the existing development pattern of the neighborhood and breaks up the existing cohesive development pattern. • A 20-unit Timeshare with 20 families transitioning every week is not compatible with the adjacent single family residences. • Neighboring residences will be confronted with a 4-story building towering over their properties with at least nine units facing their property. At least four balconies and one patio will look into the adjoining property with the balconies set 6' from the property line. 04/06/17 Opposition to Carlsbad Boat Club & Resort Use • The proposed Timeshare project at this location is not necessary or desirable1 does not contrioute to the general well-being of the neighbornood or community and is not in harmony with the general plan. The proposed use is detrimental to the existing uses. • This use at this location_nlaces a very intense residential use with weekly turnover of20 families unmediately adjacent to single-fallllly residences on large lots. Rather tlian one family living next door; neighoor to east has 6 families and 3 couples (6 two-bedroom units and 3 one-bedroom units}-on vacation 10' 6" feet from his property line. He has 6 decks peering onto his property 4 feet lrom the property line. • The Coastal Commission clearly and actively discoura_ges timeshare development in the Visitor Commercial land-use designation (per conversation with CCC staff on 1/30/17 .) Contr'!!Y to the staff report, the only uses permitted Qy right in the Residential Tounst zone are residential uses. This zone is not consistent with the Visitor Commercial land use designation required by the CCC. • The p:r_Qject site is adjacent to the environmentally sensitive Agua Hedionda Lagoon with rare eel ~ass beds located in the near shore along this portion of the lagoon. This proj~ct proP.oses major construction within the 100' wetland butler; relying on a categorical exemption from CEQA. • Adams Street is narrow with several blind curves, this street is not suitable for increased intensity of development. 04/06/17 Opposition to Carlsbad Boat Club & Resort This Project has Already Been Denied • The Planning Commission and City Council denied subtantially the same project in 2008 because the project was not necessary or desirable, would be detrimental to existing surrounding residential uses and the intensity, bulk and scale of the project was not compatible with the existing surrounding single family residences. • The project changes are minimal at best, less than 1% decrease in gross floor area, less than 2% decrease in built area, total reduction of3 bedrooms: Garage Levell Levell Level3 Total 04/06/17 2008 2017 GFA Built GFA Built Area Area 17,704 17,890 17,658 17,824 12;514 16,212 12,889 15,917 10,291 13,901 10,814 13,751 7,553 10,157 6,490 9.957 48,062 58,168 47,851 57,449 Opposition to Carlsbad Boat Club & Resort Difference GFA Built Area -46 -66 +375 ·295 +523 -150 -1,063 -200 -211 "'711 \ GROSS FLOOR AREA STUDY 4509 ADAMS STREET 02.14.2017 FLOOR PLANS PROPOSED IN 2017: 01 FLOOR PLANS PROPOSED IN 2008: 02 Local Coastal Planning • The Coastal Act places a high priority on affordable visitor-serving uses to provide public access to the coast. • The Coastal Commission staff has been very clear it is the intent of the Coastal Commission to require that Whitey's Landing remaing a visitor-serving commercial designation on the Land Use Plan when the Agua Hedionda LCP is certified. • The Coastal Commission does not consider Timeshare to be a visitor-serving use because the use is limited exclusively to owners of the Timeshare units rather than available to rent to members of the general public. • The Coastal Commission staff has repeatedly told this applicant that timeshare is not an appropriate use for this site. 04/06/17 Opposition to Carlsbad Boat Club & Resort TRAFFIC Adams Street is Unsafe • Adams Street is unsuitable for increased traffic in this location: • Narrow • No sidewalks • Blind Turns • Adding new, unfamiliar drivers in this location will substantially increase the risks on Adams Street. • The site is not in the vicinity of any other visitor- serving uses such as Legoland, Carlsbad Company Stores or restaurants -therefore more frequent trips can be expected from the Carlsbad Boat Club and Resort -further increasing the risks on Adams Street. • Applicant has stated the Boat Club will allow six boats from the general public. The City Engineer testified during the Plannning Commission hearing that vehicles towing trailers will need to swing over the centerline to pull into the driveway - creating a safety hazard. 04/06/17 Opposition to Carlsbad Boat Club & Resort PARKING HILLSIDE The Project Requires a Hillside Development Permit • The Carlsbad Municipal Code requires states a Hillside Development Permit is Required if the project site has more than a 15% slope and an elevaton difference greater than 15'. • This project site has a slope of greater than 15% and an elevation difference of 53'. Therefore, a Hillside Development Permit is required. 04/06/17 Opoosition to Carlsbad Boat C!ut· & Resort ·CEQA California Environmental Quality Act • Categorical Exemption under CEOA Guidelines Section 15332 Class 32 consists of j?rojects characterized as in-fill development meeting the conditions descrioed in this section. (a) The project is consistent with the applicable general plan designation and all applicable general plan po1icies as well as with the a:pplicable zoning <fesignation and regulations. (b) The propps~d ~eve\oP.ment occurs wtthm ctty hmtts on a _P.roject site with no more than five acres substantially surrounded by land uses. (c) (d) (e) The project site has no value as habitat for endangered, rare or threatened species. Approval of the project would not result m any si@ificant effects relating to traff!c, air quality or water quahty. The site can be adequately served by all required utilities and public services. • The project is not consistent with all applicable general plan policies; therefore the project does not qualify for a cat~orical exemption from CE A requirements under ection 15332. • The P.rQ.iect site is located adjacent to Eel Grass beds, a rare species in California and has the potential to impact the Eel Grass beds due to increased. turbidity during project construction and Increased use of the boat ramp and boating area with the increase in the intensity of use. • The proje_ct r~quire~ significant construction Including new paving, new bioretentlon structures, and access to excavation within the 100' wetland buffer of Agua Hedionda Lagoon. A_gua Hedionda Lagoon is one of 17 significant wetlands identified for protection in the Coastal Act. • J:he Qroject. will res~lt jn a . significant Increase In ImperviOus surfaces adjacent to wetland. • The landscaping plan proposes non-native landscaping in wetland buffer. • Project fits within exception to exemptions due to its location adjacent to a lagoon with a rare pJant speci~s and the potential for SI_gJ)Ificant Impacts related to biology, archaeology, paleontology, land use, and public safety. 04/06/17 Opposition to Carlsbad Boat Clu!::. & Resort CONCLUSION Carlsbad Boat Club and Resort Cannot Be Approved • Project is not consistent with General Plan policies and Municipal Code. • Project is not compatible with surrounding uses. • Project is not necessary and desirable for the community. • Timeshare is not a preferred use in the Visitor Serving Commercial land use designation. • Hillside Development Permit is required. • Project site has more than 15% slope and an elevation difference greater than 15'. • The Municipal Code does not provide an exception for previously graded slopes unless there is a 40% slope and an elevation difference greater than 15' -this site does not qualify for the exception. • CEQA • Project does not qualify for the In-fill Categorical Exemption because it is not consistent with General Plan policies and is not consistent with the Municipal Code. • Project site contains environmentally sensitive habitat in the form of a wetland buffer and eel grass beds. • Exception to categorical exemption applies because due to potential for significant impacts and unusual circumstances (100' wetland buffer and eel grass beds). 04/06/17 Opposition '.::o Carlsbad Boat Club & Resort NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chamber, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, April 11, 2017, to consider denying a Tentative Tract Map, Nonresidential Planned Unit Development Permit and Conditional Use Permit for the demolition of a restaurant and single family residence and to allow the construction of a twenty (20) unit timeshare condominium project with underground parking on approximately one acre of land located at 4509 Adams Street, on the south side of Adams Street between Highland Drive and Park Drive, within the Agua Hedionda Segment of the Local Coastal Program (LCP) and in Local Facilities Management Zone 1 and more particularly described as: The westerly 133.71 feet of lot 7 in block "D" of Bellavista, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 2152, filed in the Office of the County Recorder of San Diego County, March 7, 1929, said 133.71 feet measured at right angles from the westerly line of said lot Whereas, on February 15, 2017 the City of Carlsbad Planning Commission voted 5-2 (Black, and Siekmann opposed) to recommend denial of a Tentative Tract Map, Nonresidential Planned Unit Development Permit and Conditional Use Permit for the demolition of a restaurant and single family residence and to allow the construction of a twenty (20) unit timeshare condominium project with underground parking on approximately one acre of land located at 4509 Adams Street, on the south side of Adams Street between Highland Drive and Park Drive, within the Agua Hedionda Segment of the Local Coastal Program (LCP) and in Local Facilities Management Zone 1. The City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to state CEQA Guidelines Section 15332 -In-fill Development Projects. The Agua Hedionda LCP Segment is in an area of deferred certification where the City of Carlsbad does not have permit authority to issue Coastal Development permits and thus, the project will need to obtain a Coastal Development Permit issued by the California Coastal Commission. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after Thursday, April 6, 2017. If you have any questions, please contact Teri Delcamp in the Planning Division at (760) 602-4611 or teri.delcamp@carlsbadca.gov. The time within which you may judicially challenge this Tentative Tract Map, Non-Residential Planned Unit Development Permit and/or Conditional Use Permit, if approved, is established by state law and/or city ordinance, and is very short. If you challenge the Tentative Tract Map, Non- Residential Planned Unit Development Permit and/or Conditional Use Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad. Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: CT 14-11/PUD 16-02/CUP 14-10 CASE NAME: CARLSBAD BOAT CLUB & RESORT PUBLISH: Friday, March 31,2017 CITY OF CARLSBAD CITY COUNCIL 206 172 07 00 206 180 36 00 206 180 37 00 DALJIT & ELAINE SARKARIA :! ELIZABETH CARNES TAKESHI & REIKO ISHII 19012 MESA DR 4435 HIGHLAND DR 4445 HIGHLAND DR VILLA PARK CA 92861 CARLSBAD CA 92008 CARLSBAD CA 92008 j I ' 206180 38 00 206 180 39 00 206 192 05 00 JAY LAWRENCE SMITH JAMES HOLCOMB ROBERTO & JAIDENE VIGILUCCI ' 4465 HIGHLAND DR I' I UNITS 4520 ADAMS ST CARLSBAD CA 92008 2141 INDUSTRIAL CT CARLSBAD CA 92008 VISTA CA 92081 206 192 07 00 206 192 08 00 206 192 19 00 I BW ! ' ' FORESTER LINDKVIST PO BOX2794 UNIT 108A 4448 HIGHLAND DR BEVERLY HILLS CA 90213 300 CARLSBAD VILLAGE DR , CARLSBAD CA 92008 CARLSBAD CA 92008 I 206 192 20 00 : I 206 192 39 00 206 192 40 00 HALL& SWEET DAVID CIPOLLA ROBERT & HOLL YCE PHILLIPS 4444 HIGHLAND DR 4470 ADAMS ST 4480 ADAMS ST CARLSBAD CA 92008 CARLSBAD CA 92008 . 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I i I I I I I i I I Carlsbad Boat Club & Resort Carlsbad Boat Club Resort 2 WHITEY’S LANDING Bristol Cove 2017 4/12/2017 Carlsbad Boat Club Resort 3 4/12/2017 Carlsbad Boat Club Resort 4 4/12/2017 Carlsbad Boat Club Resort 5 4/12/2017 Carlsbad Boat Club Resort 6 4/12/2017 Carlsbad Boat Club Resort 7 4/12/2017 Carlsbad Boat Club Resort 8 4/12/2017 Carlsbad Boat Club Resort 9 4/12/2017 Carlsbad Boat Club Resort 10 Coastal Commission will not allow residential land uses on this site. Bristol Cove condominium 3 lots away at 31.4 units per acre. 4/12/2017 Carlsbad Boat Club Resort 11 Density 4/12/2017 Carlsbad Boat Club Resort 12 4/12/2017 Carlsbad Boat Club Resort 13 Bristol Cove –Highest Density in City 4/12/2017 Carlsbad Boat Club Resort 14 4/12/2017 Carlsbad Boat Club Resort 15 4/12/2017 Carlsbad Boat Club Resort 16 4/12/2017 Carlsbad Boat Club Resort 17 4/12/2017 Carlsbad Boat Club Resort 18 4/12/2017 Carlsbad Boat Club Resort 19 4/12/2017 Carlsbad Boat Club Resort 20 4/12/2017 Carlsbad Boat Club Resort 21 4/12/2017 Carlsbad Boat Club Resort 22 4/12/2017 Carlsbad Boat Club Resort 23 Size and Compatibility 4/12/2017 Carlsbad Boat Club Resort 24 4/12/2017 Carlsbad Boat Club Resort 25 4/12/2017 Carlsbad Boat Club Resort 26 4/12/2017 Carlsbad Boat Club Resort 27 Size and Compatibility Carlsbad Boat Club 4/12/2017 Carlsbad Boat Club Resort 28 Size and Compatibility Building Height Limit Adams Street 4/12/2017 Carlsbad Boat Club Resort 29 Traffic Impacts Project generates 200 Average Daily Trips per day (ADT). Threshold to prepare a traffic report is 500 ADT. Adams Street is identified in the City of Carlsbad’s new General Plan Mobility Element as a “Local/Neighborhood Street.” It has a capacity of 2000 trips per day. Traffic counts on the segment of Adams St. between Highland and Park Dr.: 1988 1,078 TPD 2002 1,256 TPD 2008 1,100 TPD 4/12/2017 Carlsbad Boat Club Resort 30 Traffic Generation Comparison 12 Unit Hotel + 2000 sf Restaurant 20 Unit Hotel + 2,000 sf Restaurant 4,500 sf Stand Alone Restaurant 3,000 sf Stand Alone Restaurant Boat Club 20 units + Boat Ramp Generation Rate Hotel = 8 per unitRest = 160 ADT/1000sf Hotel = 8 per unit Rest = 160 ADT/1000sf Rest = 60 ADT/1000sf Rest = 60 ADT/1000sf 8 per unit ADT 416 480 720 480 200 4/12/2017 Carlsbad Boat Club Resort 31 Parking Demand Comparison 12 Unit Hotel + 2000 sf Restaurant 20 Unit Hotel + 2,000 sf Restaurant 4,500 sf Stand Alone Restaurant 3,000 sf Stand Alone Restaurant Boat Club 20 units+Boat Ramp Parking Requirement Hotel = 1.2 spaces/unit Rest = 1 space/100 sf Hotel = 1.2/spaces/unit Rest = 1 space/100 sf Rest = 1 space/100 sf Rest = 1 space/100 sf 1.2 per unit Required Spaces 35 45 45 30 24 4/12/2017 Carlsbad Boat Club Resort 32 4/12/2017 Carlsbad Boat Club Resort 33 Parking Required Parking: 24 spaces Provided Parking:32 Spaces 8 excess spaces 4/12/2017 Carlsbad Boat Club Resort 34 Boat Launching PRIVATE MOTORIZED VESSELS OR VEHICLES: Timeshare Owners or any guests will not be allowed to bring or tow, any motor or engine driven vehicle or vessel to the site, nor launch any such powered vehicles or vessels from the site. The Resort will make available only 2 power boats to timeshare owners. PUBLIC LAUNCHING Public launching will be limited to available parking on site. No more than 6 public trailers at any one time allowed. 270 Bristol Cove Boat Slips 4/12/2017 Carlsbad Boat Club Resort 35 Carlsbad Boat Club & Resort END 4/12/2017 Carlsbad Boat Club Resort 37 4/12/2017 Carlsbad Boat Club Resort 38 Operational Standards No live music or entertainment is allowed in the exterior areas of the site Quiet hours shall be from 9 p.m. to 7 a.m. daily. Boat Club use and activities shall be allowed concurrent with the timeshare use to the extent that surplus parking spaces beyond those required for the timeshare use are available and on-site circulation is not adversely affected. The timeshare management shall not be a vendor of on-site recreational water sport equipment (jet skis, boats, etc.) rentals. Dedicated accesses for the general public to and adjacent to the lagoon are being provided on the property, and shall not be impeded at any time by timeshare management, owners or guests. Lagoon Use Agreement must be executed with City of Carlsbad lagoon/water uses.. Boat Trailer Parking 4/12/2017 Carlsbad Boat Club Resort 39 Public Trailer Routing 4/12/2017 Carlsbad Boat Club Resort 40 Minimum Car and Boat Trailer Turning Radius 4/12/2017 Carlsbad Boat Club Resort 41 Changes From 2008 Reduction of Total Units from 25 to 20 –20% reduction Traffic ADT decrease from 240 ADT to 200 ADT Profile Step Back of building with increase of Patio Decks Took out central unit on 3rd Floor and converted to Open Patio Deck Approximately 2000 square foot reduction of Floor Area 4/12/2017 Carlsbad Boat Club Resort 42 OPEN ATRIUM & SUN DECK Although the roof eaves overhang the 8’ walkway around the Atrium, you can see that the approximately 1600 square feet Atrium is open to the sky. 4/12/2017 Carlsbad Boat Club Resort 43 Profile Changes 4/12/2017 Carlsbad Boat Club Resort 44 4/12/2017 Carlsbad Boat Club Resort 45 Size and Compatibility Carlsbad Boat Club Visual Massing Comparison 4/12/2017 Carlsbad Boat Club Resort 46 Changes From 2008 Reduction of Total Units from 25 to 20 –20% reduction Traffic ADT decrease from 240 ADT to 200 ADT Profile Step Back of building with increase of Patio Decks Took out central unit on 3rd Floor and converted to Open Patio Deck Approximately 2000 square foot reduction of Floor Area 4/12/2017 Carlsbad Boat Club Resort 47 4/12/2017 Carlsbad Boat Club Resort 48 SIZE & COMPATIBILITY 4/12/2017 Carlsbad Boat Club Resort 49 Coastal Policies COASTAL ACT Policy 30222.The use of private lands suitable for visitor-serving commercial recreational facilities designed to enhance public opportunities for coastal recreation shall have priority over private residential, general industrial, or general commercial uses. LOCAL COASTAL PLAN (AHLCP) Policies 6.1 Whitey’s Landing and Snug Harbor shall be designated for continued recreational-commercial use. Expansion of existing facilities at these locations shall be encouraged. 6.7 The present recreational uses of the lagoon shall be maintained and where feasible, expanded. 4/12/2017 Carlsbad Boat Club Resort 50 LOCAL COASTAL PLAN (LCP) The Coastal Commission will not approve a residential project on this parcel. We have met with Coastal Staff numerous times, and they insist that it is required to be consistent with the City of Carlsbad’s General Plan and Local Coastal Program. Those two programs determine that it must be a visitor serving commercial use. Commercial Timeshares are an approved use in the Residential Tourist (RT) zoning. In addition, timeshares would actually reduce impacts associated with a new restaurant, including reducing the traffic by nearly 60% below the previous commercial restaurant uses. The Agua Hedionda Land Use Plan (LUP) is a segment of The Local Coastal Plan (LCP) and it specifies the Coastal Policies that are to be followed by developments on the lagoon. In Section III, Chapter 1. Land Use, and in Chapter 6. Recreation/Visitor Serving Facilities, it specifically mentions “Whitey’s Landing” and spells out in great detail what must occur on this property. Here is what the Land Use Plan (LUP) says concerning Whitey’s Landing” SIZE & COMPATIBILITY If you could push them together, you would see that the silhouette of the Stewart home would nearly cover the silhouette of the new Boat Club structure. 4/12/2017 Carlsbad Boat Club Resort 51 INTENSITY Roof of the 22 unit building Is nearly solid. That’s very Dense & Intense 4/12/2017 Carlsbad Boat Club Resort 52 Carlsbad Boat Club Resort 53 WHITEY’S LANDING 4/12/2017 Carlsbad Boat Club Resort 54 4/12/2017 Carlsbad Boat Club Resort 55 4/12/2017 Carlsbad Boat Club Resort 56 Another example of residential adjacent to commercial is these 2 single family Homes on Harrison Street that were approved just a few years ago. They are adjacent to the extremely busy commercial Snug Harbor Marina, surrounded by High density zoning and about a hundred yards from Interstate 5 freeway. COMPATIBILTY with COMMERCIAL 4/12/2017 Carlsbad Boat Club Resort 57 We have conducted extensive public outreach, to listen to the questions and concerns that people have, concerning the project. We had numerous meetings at several locations: the Lagoon Discovery Center, the City’s Faraday Center, as well as meeting with small groups at the Boat Club, and many times, just individuals. Because many people have received incorrect or misleading information, they have formed incorrect assumptions about the project. Many people automatically assume that any new project will create more traffic, and more pollution. We learned that most questions and concerns were about: Timeshares; Density; Intensity; Building Size; Compatibility; Traffic; Number of boats; and Pollution of the Lagoon. Tonight’s presentation will answer many of those questions and concerns and will show that most of the assumptions about the project are not correct. We have prepared numerous exhibits and photos in an effort to correct those incorrect assumptions. We can answer the first question, “Why Timeshares instead of Condos?”, by showing you what Carlsbad’s local Coastal Plan mandates for “Whitey’s Landing”. QUESTIONS & CONCERNS 4/12/2017 Carlsbad Boat Club Resort 58 DENSITY The General Plan designates the underling land use as either Residential or Commercial. The Zoning Ordinance designates the various uses that are allowed on the land. Residential parcels, as designated in the General Plan, usually have an associated numerical density that determines the number of Dwelling units allowed, per acre, for residential uses. Commercial parcels, as designated in the General Plan, are different. There is usually no numerical density per acre. Commercial projects are limited in size by other constraints, such as: Property line Set-backs; Height above grade; Type of construction; Fire protection; Access; and other things, especially Parking. The Parking requirement is the primary factor that determines the ultimate size of Hotels, Office Buildings, Super Markets, or Time-shares projects. If the project complies with all other codes, ordinances, and conditions, it may contain the number of units that it can provide the required number of parking spaces for. Required parking for Timeshares is 1.2 spaces per each unit.We have significantly reduced the number of units to 20, which means we are required to provide 24 parking spaces. We actually provide 32 parking spaces off-street & onsite in our underground garage. 4/12/2017 Carlsbad Boat Club Resort 59 OPEN ATRIUM & SUN DECK However, our new building is actually hollow in the center, and what you can’t see is the 40 ft. square atrium that is open, from the first floor, to the sky. 20 units on 1.12 acres is certainly not dense or intense. Another question was: How can a 4 story structure between 2 sgl. family homes be compatible? The question is very misleading, because the wording causes you to visualize a very tall building sitting between two small buildings. Visual Massing Comparison 4/12/2017 Carlsbad Boat Club Resort 60 4/12/2017 Carlsbad Boat Club Resort 61 OLD 40,000 sf stated 91 v110 Atrium –4500 sf Building footprint = 34,000Changes Second and third floors stepped back Open balcony replaced building square footage 5 unit reduction. 4/12/2017 Carlsbad Boat Club Resort 62 4/12/2017 Carlsbad Boat Club Resort 63 Carlsbad Boat Club & Resort Carlsbad Boat Club Resort 64 WHITEY’S LANDING 4/12/2017 Carlsbad Boat Club Resort 65 4/12/2017 Carlsbad Boat Club Resort 66 CARLSBAD BOAT CLUB & MARINA As you can see by this picture from 2002, not much had changed from the late 1940’s, all the way up to 2004. It was still a very popular place, and still no neighbors, on either side! 4/12/2017 Carlsbad Boat Club Resort 67 Bristol Cove 1965 4/12/2017 Carlsbad Boat Club Resort 68 The Neighborhood Today Keep in mind that all the new construction in the neighborhood and around the cove occurred while the Restaurant and Boat Club were in full operation. Teri Delcamp, Principal Planner April 11, 2017 Carlsbad Boat Club & Resort Location Map MARINA DRP A R K D R PUBLICACCESS S UNNYHI LL DRADAMS ST B EA C HW O ODCTC O V E D RHIGHLANDD R CT 14-11 / CUP 14-10 Carlsbad Boat Club and Resort SITE MAP JPALOMARAIRPORTRDELCAMREALLACOSTAAVCA R L SBADBLELCA MINOREAL MELR O SEDRAVIARAPY RANC HO S A NTAFERDCOLLEGEBLAGUA HEDIONDALAGOON ADAMS S T COVE DRPA R K D R HI G H L A N D D R 0 250 500125 Feet ICT 14-11 / PUD 16-02 / CUP 14-10 CarlsbadBoat Club and Resort AGUA HEDIONDALAGOON Project Overview •Visitor Commercial (VC) General Plan Land Use •Residential Tourist (R-T) Zoning •1.02 acre site •20 timeshare units and boat club •Coastal policies to preserve and enhance visitor- serving use of site •Surrounded by single family residential Project Description •Three story building over underground parking garage •19 timeshare guest units, 1 on-site manager unit •30 parking spaces in garage, 2 surface visitor spaces, room for boat trailer maneuvering •Building height does not exceed Adams Street •No variances proposed Permit Entitlements •Tentative Tract Map •Non-Residential Planned Development Permit •Conditional Use Permit •No Coastal Development Permit (CDP) –Coastal Commission has original jurisdiction on future CDP if city approvals are obtained Staff Recommendation to Planning Commission •Staff recommended approval based on findings that the project: –Meets General Plan and development standards –Is necessary and desirable to provide a tourist serving use on a Visitor Commercial site –Preserves and increases coastal public access –Is appropriate in intensity, scale and architecture to be compatible with surrounding residential Planning Commission Action •Planning Commission February 15, 2017 •Planning Commission found: –The project is too intense, out of scale, and incompatible with surrounding residential –Has the potential to worsen perceived traffic conflicts on Adams Street –Other allowed uses in the R-T zone would be more compatible with surrounding residential •Recommended denial 5-2 Staff Forwards Planning Commission Recommendation •Planning Commission disagreed with staff findings and recommended denial based on their findings •Staff is forwarding the Planning Commission’s denial recommendation to the City Council •Staff’s original recommendation is included in the staff report packet •The City Council has the discretion as final decision- maker to deny or approve the project Recommendation That the City Council ADOPT a resolution confirming the Planning Commission recommendation and denying Tentative Tract Map CT 14-11,Nonresidential Planned Development Permit PUD 16-02 and Conditional Use Permit CUP 14-10 for the construction of a twenty (20)unit timeshare condominium project with underground parking on approximately one acre of land located at 4509 Adams Street. Alternatively,the City Council could direct staff to return to council with a resolution approving the project per staff’s original recommendation.