HomeMy WebLinkAboutPRE 2019-0002; AVIARA HOTEL; Admin Decision LetterMarch 4, 2019
Stan Weiler
Howes Weiler Landy
Suite 217
2888 Loker Avenue East,
Carlsbad, CA 92010
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l3 FILE COPY
SUBJECT: PRE 2019-0002 (DEV2019-0018)-AVIARA HOTEL
APN: 212-040-64
Ccityof
Carlsbad
Thank you for submitting a preliminary review to develop a 5.9-acre vacant parcel with a 149-room, four-
story hotel and a 10,000-square-foot medical office building located on the southeast corner of Palomar
Airport Road and Aviara Parkway.
In response to your application, the Planning Division has prepared this comment letter. Please note that
the purpose of a preliminary review is to provide you with direction and comments on the overall concept
of your project. This preliminary review does not represent an in-depth analysis of your project. It is
intended to give you feedback on critical issues based upon the information provided in your submittal.
This review is based upon the plans, policies, and standards in effect as of the date of this review. Please
be aware that at the time of a formal application submittal. new plans. policies, and standards may be
in effect and additional issues of concern may be raised through a more specific and detailed review.
Planning:
General
1. General Plan and zoning designations for the property are as follows:
a. General Plan: Office (O) and Open Space (OS)
b. Zoning: Office {O) and Open Space (OS)
c. Zoning Overlay: Commercial Visitor-Serving Overlay Zone
d. The property is in the Mello II Segment of the Coastal Zone. The Coastal Zone land use
designation and zone are the same as the General Plan land use and zoning designations
above. In addition, as Encinas Creek is located onsite, the property is in the Appeals
Jurisdiction of the Coastal Zone.
2. The project requires the following permits:
a. Conditional Use Permit (CUP) for the hotel
b. Minor Site Development Plan (SDP) for the office building and hotel
c. Coastal Development Permit (CDP)
d. Habitat Management Plan Permit (HMP) if sensitive upland or riparian habitat is proposed to
be directly or indirectly impacted.
Community & Economic Development
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 I I www.carlsbadca.gov
PRE 2019-0002 (DEV2019-0018)-AVIARA HOTEL
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e. Minor Subdivision (MS) to create separate parcels for the permanently-maintained open
space, medical office, hotel, and shared parking lot.
f. Non-Residential Planned Development Permit (PUD) for shared improvements such as
parking, access and drainage, as well as separate ownership for the lots.
Please be advised that the CUP for the hotel requires approval by the City Council. Therefore, all
above-noted discretionary permits require approval from City Council.
3. Building Height. Pursuant to Carlsbad Municipal Code (CMC) Section 21.27.050, no building shall
exceed a height of 35 feet, and allowed height protrusions as described in CMC Section 21.46.020
shall not exceed a height of 45 feet. Additional building height up to a maximum of 45 feet may
be permitted through the approval of a Minor SDP processed in accordance with CMC Section
21.06, provided that all setbacks shall be increased at a ratio of one horizontal foot for every one
foot of vertical construction beyond 35 feet. The additional setback area shall be maintained as
landscaped open space. The allowed protrusions may also be permitted up to 55 feet if the
protruding features:
i. Do not function to provide useable floor area;
ii. Do not accommodate and/or screen building equipment;
iii. Do not adversely impact adjacent properties; and
iv. Are necessary to ensure a building's design excellence.
4. Setbacks. Pursuant to CMC Section 21.27.050, the project shall be designed to comply with the
following setbacks:
a. Primary Front yard (Palomar Airport Road -prime arterial road): 50 feet plus any additional
distance if height is above 35 feet (please see No. 3 above for details). If a 45-foot-tall building
is proposed, the minimum setback shall be 60 feet. As currently proposed, the pool and a
parking back-up area are located within the required landscaped setback. Please relocate
these features outside of the setback. Please consider locating the pool on the south side of
the hotel to shield the area from noise associated with Palomar Airport Road.
b. Front yard (Laurel Tree Lane): 20 feet plus any additional distance if height is above 35 feet.
If a 45-foot-tall building is proposed, the minimum setback shall be 30 feet. As currently
proposed, it appears that one parking stall· may project within the required landscaped
setback.
c. Street side yard (Aviara Parkway -arterial road): 30 feet plus any additional distance if height
is above 35 feet It is assumed that a 4-story hotel will be a minimum of 45-feet-tall. Therefore,
a minimum 40-foot setback off Aviara Parkway will be required.
d. Interior side yard (eastern property line). 10 feet plus any additional distance if height is
above 35 feet. If a 45-foot-tall building is proposed, the minimum setback shall be 20 feet.
As currently proposed, it appears that the entire row of parking spaces and the office projects
within the requisite setback. Please relocate the office and the parking stalls outside of the
required setback.
e. Rear yard (southern property line): 10 feet plus any additional distance if height is above 35
feet. If a 45-foot-tall building is proposed, the minimum setback shall be 20 feet. The subject
rear yard setback is in an area of the property that is zoned OS and which is encumbered with
an open space easement. Since the building and parking lot are set back a significant distance
from this property line, the project will comply with the interior side yard setback. However,
please be advised that a minimum five-foot-wide landscape screen should be provided
between the trail and the parking lot. In addition, if a Minor Subdivision is proposed to create
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separate lots for the hotel, medical office and open space, the rear yard setback will be
required from the new southerly property line separating the open space from the
development envelope.
The setbacks shall be landscaped pursuant to the city's Landscape Manual. Please see CMC
Section 21.27.050(5) for permitted encroachments. Please also note that a 2.5-foot vehicle
overhang into the required landscaped setback is allowed pursuant to CMC Chapter 21.44, Parking
Ordinance.
5. Parking. Pursuant to CMC Chapter 21.44, the parking requirements for a hotel and medical office
are 1.2 spaces per room and 1 space per 200 square feet of gross floor area, respectively.
Therefore, a 149-room hotel requires a minimum of 179 parking spaces and a 10,000-square-foot
medical office requires 50 parking spaces. In total, 229 parking spaces are required.
The plans submitted with the preliminary review indicate a total of 165 parking spaces will be
provided. Please be advised that the number of rooms will need to be reduced and/or the size of
the medical office will need to be reduced; or, the parking will need to be increased to comply
with the Parking Ordinance. Given the large deficit in parking (64 spaces or 28 percent), staff is
preliminarily unsupportive of utilizing a shared parking arrangement to support the reduction in
parking.
A significantly smaller reduction may be considered, but it will need to be supported in a parking
analysis prepared by a registered traffic engineer or other qualified parking consultant.
6. Site Design/Access. Staff has the following comments regarding site design and access.
a. The ingress and egress driveway off Aviara Parkway cannot be supported. Staff has strong
concerns that patrons of 24-Hour Fitness will cut through the project site to Aviara Parkway
instead of using Laurel Tree Lane. Access to the site should only be taken from Laurel Tree
Lane. Please confirm with the Fire Department that a secondary access/emergency access is
not required.
b. Based on the shortage in parking and the fact that the proposed parking projects into required .
setbacks, staff recommends reducing the number of rooms in the hotel.
c. Please relocate the pool to an area be.hind a portion of the building which protects the
outdoor area from noise associated with El Camino Real and Aviara Parkway.
d. Relocate the transformer and trash enclosure outside of the riparian buffer and trail
easement.
e. Please plot the location of the decomposed granite trail, identify the limits of the 15-foot-
wide trail easement (please see DWG 432-2B for details) and ensure that the parking lot and
drive aisle do not encroach within the area. In addition, please be advised that a minimum of
five (5) feet of landscaping should be provided in between the trai~ and the parking lot.
7. Architectural Design. Given the project's location at a prominent corner and adjacency to arterial
roads, staff expectations for the quality of the design of the buildings are very high. The photo
examples submitted with the Preliminary Review do not rise to the level of high-quality design
. that staff would like to see. Please consider the following in the future design:
a. A prominent and attractive design feature is recommended at the corner of the hotel, facing
the intersection.
b. Consider a design scheme for the hotel and medical office building which complements the
design of the Class "A" office building to the west.
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c. Add building articulation through the introduction of changes in the roofline along each
building elevation and the addition of pop-outs/recesses.
8. SDG&E Easement. As a significant number of parking stalls are located within the SDG&E
easement, please obtain preliminary approval from SDG&E prior to submittal of the application
to locate the parking Jot within the easement. No structures can be located within this area.
9. Habitat Management Plan. Encinas Creek crosses the southern boundary of the site. The city's
HMP identifies Encinas Creek as an existing hard line conservation area. Based on a review of the
prior project, a change in the General Plan Land Use designation and Zoning designation from
Planned-Industrial (P-M) to Open Space (OS) was approved in 2007. The open space area is
currently encumbered with a conservation easement and is managed as part of the Long-Term
Management Plan (LTMP} approved for the Biltmore 24-Hour Fitness and Kelly/JRM Office
Building projects. Although the Kelly/JRM project located at the site of the subject hotel was
never constructed, the LTMP was implemented and is actively managed by a habitat manager.
A biological resources report will be required with the project submittal analyzing the project's
compliance with the HMP. The report shall identify the habitat onsite and the types of habitat
which are proposed to be removed for the development of the project. As the project is in the
Coastal Zone, there shall be no net loss of sensitive upland or riparian habitat. In addition, if
Coastal Sage Scrub (CSS) is proposed to be impacted, a minimum of 67 percent of CSS shall be
preserved. Additional information will be required to confirm that the 15-foot-trail easement
serves as part of the previously-established 70-foot-wide riparian buffer. It is staffs
understanding that the trail is located at the northern perimeter of the buffer and Open Space
zone.
Further, please be advised that the existing hardline pursuant to the HMP appears to encompass
a larger area than the OS General Plan Land Use and Zoning designations (please see exhibits
below). You will need to conduct additional research to determine why the two areas do not
coincide. With the application submittal, please identify the limits of the OS zone, biological
conservation easement and the hard line HMP area. Please be advised that if it is determined that
the hard line area is accurate and comprises an area larger than the OS designation, the OS zone
may need to be adjusted as part of this application to coincide with the hardline. If it is
determined to be a mapping error, and the area does not contain any sensitive habitat and is not
a part of the required buffer, a Minor HMP Amendment can be processed pursuant to Section E-
3 of the HMP. If it is not a mapping error, Equivalency Findings will need to be processed and
replacement acreage for the loss in the HMP hard line will need to be found.
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HMP Hardline: General Plan/Zoning:
10. McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP). The project site is loc?ted within
the McClellan-Palomar Airport Influence Area {AIA}. New development within the AIA must be
reviewed for consistency with the adopted land use compatibility plan for the airport. Review of
the project against the ALUCP revealed the following:
a. Exhibit 111-1 -Compatibility Policy Map: Noise. A majority of the proJect site and the entire
area proposed to be developed with the 149-room hotel and 10,000 SF detached medical
office is located within the 65-70 dB CNEL noise exposure range. Pursuant to the ALUCP
Section 3_.3.3(c), page 3-19, "compatibility of new nonresidential development with noise
levels generated by the Airport is indicated in Table 111-1." Table 111-1 on page 3-23 identifies
hotels.as a conditionally compatible use within the 65-70 dB CNEL noise exposure range.
Specifically, to be compatible, the building structure must be de.signed to attenuate ext.erior
noise to the indoor CNEL of 45 dB.
Please submit a noise study with the application demonstrating how the project complies with
the ALUCP. The noise analysis shall describe the exterior noise environment and the
acoustical design features required to achieve the interior noise standards. Evidence shall
also be provided which indicates that the specified sound attenuation measures have been
incorporated into the design of the project.
b. Exhibit 111-2 -Compatibility Policy Map: Safety. The project site is located within Safety Zones
2, 4 and 6. Pursuant to Policy 3.4.11, project sites lying partially within multiple Safety Zones
shall be considered as if it were multiple parcels divided at the compatibility zone boundary
line. Pursuant to Table 111-2 (Pgs. 3-45 through 3-52}, hotels and medical offices are
considered conditionally compatible within Safety Zones 2 and 4 and compatible in Safety
Zone 6. Per Table 111-2, conditional uses shall either comply with the Maximum Intensity and
Lot Coverage Limits or the maximum FAR. Both sets of calculations will need to be shown on
the plans.
On page 3-43 of the ALUCP, FAR is calculated by people per acre multiplied by the occupancy
load factor (or square footage per person} for each land use divided by 43,560. Further, it
needs to be determined whether risk reduction objectives are incorporated into the project
design as there are two different categories for the FAR and Maximum Intensity as follows.
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11.
Zone 2 for hotels/medical office:
Maximum Intensity: 70
Maximum Intensity with Risk Reduction Measures: 105
Maximum Lot Coverage: 50%
FAR for hotels: 0.32 (or 0.48 with risk reduction measures)
FAR for medical office: 0.35 (or 0.52 with risk reduction measures)
Zone 4:
Maxin,um Intensity: 130
Maximum Intensity with Risk Reduction Measures: 260
Maximum Lot Coverage: 70%
FAR for hotels: 0.60 (or 1.19 with risk reduction measures)
FAR for medical office: 0.64 (or 1.28 with risk reduction measures)
The calculations for each zone provided on the site plan calculate lot coverage instead of the
FAR. In addition, the building square footage occupying Zone 2 does not appear to be
accurate; the letter submitted with the application notes a 10,000-square-foot medical office;
it appears that 5,000 SF may have been used. Staff cannot verify that the project complies
with limitations of Safety Zones 2 and 4 until the appropriate calculations have been
completed.
c. Exhibit 111-3 -Compatibility Policy Map: Part 77 Airspace Protection. Pursuant to Exhibit 111-
3, the project is located within the boundaries of the FAA notification area for the airport.
The airport elevation is 331 feet above mean sea level (AMSL). Pursuant to Part 77 of the FAA
regulations, the FAA shall be notified of any proposed construction or alteration having a
height greater than an imaginary surface extending 100 feet outward and 1 foot upward
(slope of 100:1) from the runway elevation. Considering a proposed construction height of
approximately 145 AMSL, a Part 77 application will not be required to be filed with the FAA.
d. Exhibit 111-4 -Compatibility Policy Map: Overflight. The project site is located within the
Overflight Notification Area. However, pursuant to the ALUCP Policy 3.6. -Overflight
Compatibility Policies for McClellan-Palomar Airport, Section 3.6.3(c), page 3-57, recordation
of an overflight notification document is not required for nonresidential development. It is
also not required when an avigation easement is required.
e. Exhibit 111-5 -Compatibility Policy Map: Airport Influence Area. The project site is located
within Review Area #1 of the Airport Influence Area. Review Area #1 consists of locations
where noise and/or safety concerns may necessitate limitations on the types of land use
actions. Please see discussions above in subsection a) and b).
f. Exhibit 111-6 -Compatibility Policy Map: Avigation Easement Area and Overflight Notification
Areas. The project site is located within the Avigation Easement Area. Pursuant to ALUCP
Policy 3.3.3, the dedication of an avigation easement in accordance with Policy 2.11.5 of
Chapter 2 is a requirement for compatibility of any type of development within the 65 dB
CNEL contour that is designated as a conditional use.
Local Coastal Program (LCP). Mello II Segment, Lower Cost Accommodations. Pursuant to Policy
6-10 of the LCP, a range of affordability for overnight visitor accommodations is encouraged.
Proposals for new hotels in the Mello II Segment of the LCP shall be evaluated for affordability,
including amenities that reduce the cost of the stay. Mitigation may be applied to protect and
encourage overnight accommodations. Please indicate how you intend to comply with this Policy.
As the project is in the Appeals Jurisdiction of the Coastal Zone, the California Coastal Commission
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can weigh in on the review and appeal the CDP if it is determined the project does not comply
with this Policy. -
12. Climate Action Plan (CAP). It is anticipated that the proposed 149-room hotel and 10,000 SF
medical office will exceed the screening threshold of 900 MTC02e. Please complete the CAP
Project Review Checklist and include it with the submittal of the project application. The project
plans will need to demonstrate compliance with the requirements of the CAP, including but not
limited to, the location of vehicle charging stations, solar panels and Transportation Demand
Management (TOM) plans. Please note that the city is in the process of adopting ordinances to
implement the CAP that will supersede portions of the CAP checklist Draft ordinances may be
found on the city's website at:
13.
14.
http://carlsbadca.gov/services/depts/pw/environment/cap/ordinances.asp
Market Survey. Pursuant to CMC Section 21.42.030, the findings of fact for a Conditional Use
Permit include finding that "the requested use is necessary or desirable for the development of
the community ... ". To support this finding, please submit a market analysis which justifies,
through supporting data, the need for an additional hotel in this area of the city. At a minimum,
please provide a market survey that addresses the following: number of competing hotels and
hotel rooms within the surrounding area and other competing areas; and provide the occupancy
rates for these hotels. Also, please discuss the demand for additional hotels within this area of
the city. Use business park employment numbers, tourism information and/or airport flight
statistics to justify the demand for an additional hotel at this location.
Early Public Notice. The project is subject to City Council Policy Statement No. 84, Development
Project Public Involvement Policy. Pursuant to the Policy, applicants are required to send a public
notice within 30 days of submittal of development applications. In addition, as a CUP is proposed,
an enhanced stakeholder outreach will also be required. Please see the attached Policy for
additional information.
All necessary application forms, submittal requirements, and fee information are avapable at the Planning
counter located in the Faraday Building at 1635 Faraday Avenue or on line at www.carlsbadca.gov. You
may also access the General Plan Land Use Element and the Zoning Ordinance online at the website
address shown; select Department Listing; select Planning Home Page. Please review all information
carefully before submitting.
Land Development Engineering:
Land Development Engineering Division staff has completed a preliminary review of the above-referenced
project. Prior to formal application submittal the following items must be adequately resolved/addressed:
1. The project shall take access from the Laurel Tree Lane cul-de-sac. If the fire department requires
a secondary access on Aviara Parkway, it will be restricted to emergency access only.
2. Submit a transportation impact analysis as part of the discretionary permit application based on
the City of Carlsbad TIA Guidelines.
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3. The project will be subject to the new City of Carlsbad's Traffic Demand Management (TDM)
ordinance. The ordinance is anticipated to go into effect in the spring of 2019. Please submit a
preliminary transportation demand management plan as part of the discretionary application.
For any anticipated site plan improvements that would be used to satisfy the TDM requirements,
identify in the preliminary TDM plan and show on the site plan.
4. The project qualifies as a Priority Development Project (PDP) and requires a submittal of a
preliminary Storm Water Quality Management Plan (SWQMP) with any discretionary permit
application. The SWQMP must demonstrate compliance with the pollutant control and
hydromodification ·requirements in accordance with the City of Carlsbad BMP Manual. -Use the
City of Carlsbad SWQMP template for priority development project available in the City website.
5. A preliminary hydrology study will be required to determine the pre-development and ·post-
development discharge flows. Provide preliminary recommendations on the proposed storm
drain system to serve this project and to mitigate any increase in flows.
6. Provide a preliminary Geotechnical Study that identifies feasibility and recommendations for the
proposed development including design recommendations proposed pollutant control BMPs and
hydromodification facilities.
7. The site plan and topography shall be based on ties to the City of Carlsbad Survey Control Network
as published on R.O.S. 17271 and using the vertical datum of NGVD29.
8. The minimum queuing area for inbound traffic off the traveled way is 10' x 20' for each 1,000 ADT
or any fraction thereof.
9. Provide typical street cross section of Laurel Tree Lane, Aviara Parkway and Palomar Airport Road
showing existing improvements (pavement, curb, gutter, sidewalk, centerline, street lights, fire
hydrants, water, sewer, etc.).
10. On the site plan, plot the proposed frontage improvements along Palomar Airport Road and Laurel
Tree Lane.
11. Show the location of the proposed private water (fire) main and public water (domestic) meter
with backflow preventer.
12. Show the location of the proposed sewer laterals to serve the project. Show the invert elevations
to indicate gravity flow.
13. Show the location of the proposed drainage, storm drain, BM P's etc. to serve the project.
14. The project will require the approval of SDG&E.
15. Provide multiple cross-sections of the site to demonstrate differences in grade, including adjacent
properties and adjacent streets.
16. Meet with the Fire Department to identify the necessary fire protection measures required for
this project (access, fire hydrants, sprinkler system, on-site circulation, emergency access, etc.)
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17. Parking for the hotel shall be 1.2 spaces per unit and the medical office shall be 1 space per 200
sf of gross floor area, as set forth in the city code. Confirm the total minimum required parking
spaces required for the proposed project with the city planner.
18. Please be advised that to provide an in-depth review of the proposed development, a more
complete design of the project is required.
1. Fire access appears to be satisfactory on the preliminary plan. Standard code requirements for
fire sprinklers, fire alarms, fire hydrants and fire lanes '«ould apply.
If you would like to schedule a meeting to discuss this letter with the commenting departments, please
.contact Shannon Harker at the number below. You may also contact each department individually as
follows:
• Planning Division: Shannon Harker, Associate Planner, at (760) 602-4621
• Land Development Engineering: Tim Carroll, Project Engineer, at (760) 602-2737
• Fire Department: Randy Metz, Fire Marshal, at (760) 602-4661
Sincerely,
il't
DON NEU, AICP
City Planner
DN:SH:dh
Enc: Engineering redlines
City Council Policy No. 84
c: Kelly/JRM-Palomar Airport Road I, LLC, 330 Encinitas Boulevard, Ste. 201, Encinitas, CA 92024
Tim Wilson, P.O. Box 11890, Bozeman, MT 59719
Don Neu
Tim Carroll
Data Entry/File Copy