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HomeMy WebLinkAbout2016-02-23; City Council; 22204; Westin Hotel and TimeshareCITY OF CARLSBAD - AGENDA BILL AB# 22,204 DEPT. DIRECTOR r !/. MTG. 2/23/16 WESTIN HOTEL AND TIMESHARE CITY ATTORNEY DEPT. CED CITY MANAGER RECOMMENDED ACTION: Introduce Ordinances No. CS-292 and CS-293 approving Zone Change 14-02 and Specific Plan Amendment SP 207(K), and adopt Resolutions No. 2016-021 and 2016-022 , certifying the Environmental Impact Report EIR 15-02, and adopting the Candidate Findings of Fact and a Mitigation Monitoring and Reporting Program and approving a General Plan Amendment, Local Coastal Program Amendment, Tentative Tract Map, Planned Development Permit, Site Development Plan, Conditional Use Permit, Coastal Development Permit, and Hillside Development Permit as recommended for approval by the Planning Commission. ITEM EXPLANATION: The 3.6 acre project site is located at the northern terminus of The Crossings Drive, west of The Crossings at Carlsbad clubhouse, and east of the existing MarBrisa timeshare resort and Sheraton Hotel. The site is comprised of a pad elevated above the surrounding development that was created at the same time as The Crossings at Carlsbad golf course. On the western part of the pad is a de- commissioned 1.5 million gallon, 40-foot tall water tank which will be removed. The project includes both legislative and adjudicatory actions. The legislative actions are a General Plan Amendment, Zone Change, Local Coastal Program Amendment, and Specific Plan Amendment. The legislative actions designate the site for Visitor Serving/Commercial Tourist development, add the 3.6 acre property to the Carlsbad Ranch Specific Plan as Planning Area 5A, a subset of PA 5, and establish development standards for the site. The adjudicatory actions regulate the physical development of the site with a 71-room hotel building and a 36 timeshare building. The two buildings flank a central passive open space area. The western most building is the hotel. It has a north-south orientation, is proposed with four habitable floors of hotel rooms within a 45 foot height, all rooms have a western view orientation, there is a central atrium lobby space, and it is topped by an outdoor roof veranda. The architecture is of the same Mediterranean style as the MarBrisa and Sheraton developments to the west. The timeshare building is located on the eastern side of the lot in an expanded "V" configuration also in a north-south orientation. This building is proposed with three habitable floors of timeshare units, the view orientation of the units are both to the west toward the central open area and to the east. The timeshare building includes a ground floor of tuck-under parking and the overall building height is 45 feet. The architecture is also of the same Mediterranean style as the MarBrisa and Sheraton developments to the west. DEPARTMENT CONTACT: Christer Westman 760-602-4614 christerwestmanpcarlsbadca.gov FOR CITY CLERKS USE ONLY. I COUNCIL ACTION: APPROVED 0 CONTINUED TO DATE SPECIFIC \0__/6 DENIED 0 CONTINUED TO DATE UNKNOWN 0 CONTINUED 0 RETURNED TO STAFF 0 i 6 WITHDRAWN 0 OTHER — SEE MINUTES 0 AMENDED 0 Westin Hotel and Timeshare January 26, 2015 Page 2 of 2 The Planning Commission conducted a public hearing on December 16, 2015 to consider the legislative and adjudicatory actions. Written comments were received by the San Luis Rey Band of Mission Indians (SLR). City staff responded that SLR and City staff are continuing consultation regarding their comments. The cultural resources mitigation measures have been revised in consultation with SLR and the applicant and are incorporated into the Mitigation Monitoring and Reporting Program (Exhibit B of the City Council Resolution). The Planning Commission discussed traffic impacts to the intersection of Palomar Airport Road and The Crossings Drive as noted in the EIR. The recently adopted City of Carlsbad General Plan acknowledged that intersections with Palomar Airport Road from Interstate 5 east to College Boulevard would be operating at LOS E or LOS F at build-out. In-lieu of widening Palomar Airport Road as a measure to address the street segment LOS, the General Plan Mobility Element provides for the creation of citywide Transportation Demand Management (TDM) and Transportation System Management (TSM) techniques to better manage the citywide transportation system as a whole. Conditions have been added to the project resolution requiring the project applicant to enter into an agreement to pay fees toward the creation of those citywide programs, and to develop a project specific TDM prior to approval of a final map or issuance of any permits. No members of the public spoke at the public hearing regarding the proposal. The Planning Commission recommended approval of all of the actions by a vote of 5-0 (Commissioner Siekmann absent). FISCAL IMPACT: All required improvements needed to serve this project would be funded and/or constructed by the developer. The Facility Financing section of Zone 8 Local Facilities Management Plan (LFMP 8) provides a list of the public facilities necessary to serve development within Zone 8. ENVIRONMENTAL IMPACT: An Environmental Impact Report (EIR) was prepared for the project in accordance with the California Environmental Quality Act (CEQA), the CEQA Guidelines ,and the Environmental Protection Procedures (Title 19) of the Carlsbad Municipal Code. The EIR addresses the environmental impacts associated with all discretionary applications for the proposed project including ultimate buildout of the entire project. In April 2015 a Notice of Preparation was submitted to the Governor's Office of Planning and Research State Clearing House and Planning Unit. Comments were received regarding the content of the proposed Environmental Impact Report and were incorporated into the document. On July 27, 2015, the Draft EIR was published and the City notified the Public, Responsible and Trustee Agencies, as well as other interested parties and agencies via mailings and newspaper publications. The "Notice of Completion" commenced an initial 45 day public review and comment period expiring on September 8, 2015. Two comment letters were received. The "Notice of Completion" advised that the Draft EIR was available for review at four locations: the City of Carlsbad Planning Division; the City Clerk's Office; the Carlsbad Dove Library and the Georgina Cole Public Library. Complete copies were also available for purchase, with or without the Appendices, through the Planning Division. The Draft EIR was also posted in the city website. Westin Hotel and Timeshare January 26, 2016 Page 3 of 3 The analysis contained in the EIR concluded that all potentially significant impacts would be mitigated to below a level of significance. Direct impacts, also referred to as primary effects, are those caused by the project and that occur at the same time and place. In contrast, cumulative impacts refer to two or more individual impacts that, when considered together, are considerable or that compound or increase other environmental impacts. The cumulative impact of several projects is the change in the environment that results from the incremental impact of the project when added to other, closely related past, present, or reasonably foreseeable, probable future projects. The cumulative impacts all arise from the marginal contribution the proposed project will make, when combined with the impacts from existing and other future projects, to pre-existing conditions that fail to meet applicable standards currently. The analysis contained in the EIR also concluded that all potentially significant cumulative impacts would be mitigated to below a level of significance. The CEQA Findings of Fact and Mitigation Monitoring and Reporting Program are attached to Planning Commission Resolution No. 7138 for the EIR. PUBLIC NOTIFICATION: Information regarding public notifications 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 Ordinance No. CS-292 (ZC 14-02) 2. City Council Ordinance No. CS-293 (SP 207K) 3. City Council Resolution No. 2016-021 (EIR 15-02/GPA 14-03/LCPA 14-03) 4. City Council Resolution No. 2016-022 (CT 14-08/PUD 15-01/SDP 14-11/CUP 15-03/CDP 14-29/HDP 14-06) 5. Location Map 6. Planning Commission Resolutions No. 7138, 7139, 7140, 7141, 7142, and 7143 7. Planning Commission Staff Report, dated December 16, 2015 (without resolutions) 8. Planning Commission Minutes, dated December 16, 2015 9. Final EIR for the Westin Hotel and Timeshare, dated January 2016 (previously distributed; copy on file in the Planning Division) 10. January 26, 2016 Memorandum to Council (Errata Sheet for Agenda Bill #22,204) 3 6Si_hib / ORDINANCE NO. CS-292 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030 OF THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP TO GRANT A ZONE CHANGE FROM EXCLUSIVE AGRICULTURE (EA), PLANNED INDUSTRIAL (PM), AND OFFICE (0) TO COMMERCIAL TOURIST (C-T) WITH A QUALIFIED DEVELOPMENT OVERLAY (Q) FOR 3.6 ACRES GENERALLY LOCATED WEST OF THE CROSSINGS DRIVE AND EAST OF MARBRISA DRIVE IN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 8. CASE NAME: WESTIN HOTEL AND TIMESHARE CASE NO.: ZC 14-02 The City Council of the City of Carlsbad, California, does ordain as follows: WHEREAS, the City Council did on the 23rd day of Feb.2016 , hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, said application constitutes a request for a Zone Change as shown on Exhibit "ZC 14-02" dated December 16, 2015, attached hereto and made a part hereof; and WHEREAS at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said City Council considered all factors relating to the "ZC 14-02 — WESTIN HOTEL AND TIMESHARE." NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as follows: SECTION I: That section 21.05.030 of the Carlsbad Municipal Code, being the zoning map, is amended as shown on the map marked "ZC 14-02" dated December 16, 2015 attached hereto and made a part hereof. SECTION II: That the findings and conditions of the Planning Commission in Planning Commission Resolution No. 7140 shall also constitute the findings and conditions of the City Council. -1- 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a publication of general circulation in the City of Carlsbad within fifteen days after its adoption. Notwithstanding the preceding, this ordinance shall not be effective until approved by the California Coastal Commission. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 23rd day of February '2016, and thereafter. /// /// 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /// /// /// /// /// /// /// /// /// /// /// /1/ /// /// -2- 1 2 3 4 5 6 7 8 9 10 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of 2016, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO FORM AND LEGALITY CELIA A. BREWER, City Attorney MATT HALL, Mayor ATTEST: BARBARA ENGLESON, City Clerk (SEAL) 1 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 Le -3- Exhibit "ZC 14-02" December 16, 2015 ZC 14-02 Westin Hotel and Timeshare PROPOSED Related Case File No(s): GPA 14-03 / LCPA 14-03 / CT 14-08 / PUD 15-01 / SDP 14-11 / CUP 15-03 / CDP 14-29 / HDP 14-06 / V 14-03 / EIR 15-02 Zoning Designation Changes Property From: To: A. 212-271-02-00 P-M/O C-T-Q B. 211-023-07-00 E-A C-T-Q C. ORDINANCE NO. CS-293 AN ORDINANCE OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SPECIFIC PLAN AMENDMENT TO ANNEX 3.6 ACRES INTO PLANNING AREA 5 AS PLANNING AREA 5A AND TO ESTABLISH DEVELOPMENT STANDARDS FOR PLANNING AREA 5A WITHIN THE CARLSBAD RANCH SPECIFIC PLAN LOCATED NORTH OF LEGOLAND CALIFORNIA, SOUTH OF CANNON ROAD, EAST OF LEGOLAND DRIVE, AND WEST OF THE CROSSINGS GOLF COURSE IN LOCAL FACILITIES MANAGEMENT ZONE 8. CASE NAME: WESTIN HOTEL AND TIMESHARE CASE NO.: SP 207(K) n The City Council of the City of Carlsbad, California, does ordain as follows: WHEREAS, the Carlsbad Ranch Specific Plan (SP 207) was originally adopted by City Council Ordinance No. NS-227 on March 16, 1993 and has been amended several times and contains the uses, development standards and design for the development of the subject property; and WHEREAS. The Carlsbad Ranch Specific Plan is the implementing ordinance for this property which is in the Coastal Zone; and WHEREAS, the amendment is desirable to take advantage of the unique position of Planning Area 5 within the Carlsbad Ranch which is designated for commercial visitor serving uses; and WHEREAS, the City Council of the City of Carlsbad has reviewed and considered Specific Plan Amendment SP 207(K) for the Carlsbad Ranch Specific Plan; and WHEREAS, after procedures in accordance with requirements of law, the City Council has determined that the public interest indicates that said Specific Plan Amendment (SP 207(K)) be approved. NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as follows: 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 SECTION I: That SP 207(K), on file in the Planning Division, and incorporated herein by reference, is adopted. The Carlsbad Ranch Specific Plan shall constitute the development plan for the property and all development within the plan area shall conform to the plan. SECTION II: That the Carlsbad Ranch Specific Plan (SP 207), as amended to date, and further amended by Specific Plan Amendment 207(K), dated December 16, 2015, is approved. SECTION III: That Specific Plan Amendment 207(K) replaces text in the Carlsbad Ranch Specific Plan, as shown on attachment "PLANNING AREA 5 AND 5A - RESORT." SECTION IV: That the findings and conditions of the Planning Commission in Planning Commission Resolution No. 7142 shall constitute the findings and conditions of the City Council. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the city clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. (Notwithstanding the preceding, this ordinance shall not be effective until approved by the California Coastal Commission.) INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 23rd day of February , 2016, and thereafter. /7/ /7/ 1. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 - 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of , 2016, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attorney MATT HALL, Mayor ATTEST: BARBARA ENGLESON, City Clerk (D 1 2 3 4 5 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 F. PLANNING AREA 5 and 5A - RESORT Planning Areas 5 and 5A are designated as full-service destination resort is proposed on approximately 624 56.4 acres parcel in the northeast corner of the Carlsbad Ranch. This resort(s) will include up to a maximum of 380 timeshare suites and 409 hotel rooms and will target the large group professional and business meeting market as well as the leisure market. The meeting market typically combines business with recreation and increasingly includes family members of the business representative. The surrounding uses including LEGOLAND Carlsbad, The Crossings municipal golf course, retail facilities and nearby beaches make this a particularly desirable meeting and leisure destination. Accommodations at the resort(s) will vary from single hotel rooms to two- bedroom suites with kitchens integrated into the topography using terraced buildings and featuring ocean views, overlooking extensively landscaped open areas and courtyards. Elevated walkways may be used to connect resort buildings linking meeting facilities, suites, and a selection of dining experiences. provide sports medicine, tcnnis pro shop, weight training, racquetball, steam rooms, saunas and aerobics. The meeting and conference center(s) will offer function space with the ability to mix and match agendas to accommodate groups from 10 to 2,700 guests. Adjacent gardens and landscaped terraces will provide additional meeting and function areas. Most Resort facilities including the tennis facilities, sports club spa and dining will be designed to encourage use by the general public as well as the resort guests. Figurc 46 A pedestrian/bike/golf cart trail shall be provided from the eastern portion of The Crossings municipal golf course along the southerly edge of Planning Area 5 to provide a link from the specific plan golf course to the future City golf course to the east of the specific plan. The trail shall be designed as shown on Figure 52 on page 169. 1. GENERAL DEVELOPMENT STANDARDS: PLANNING AREAS 5 AND 5A The following are specific development and design guidelines applicable to this Planning Area. However, Section III.A. GENERAL DEVELOPMENT STANDARDS AND DESIGN GUIDELINES beginning on page 63 contains additional development standards and design guidelines that are applicable to all Planning Areas within this Specific Plan Amendment. a. Permitted Uses Hotels; Commercial Living Units (Timeshare) may be permitted by the City Council in conjunction with a hotel(s) project; PEDESTRIAN WALK (WITHIN R.O.W.) 50' BLDG & LANDSCAPE SETBACK FROM R.O. W. POINTE PKWY (PUBLIC ROAD) BIKE PATH (WITHIN SETOAC „. E PA (WITHIN SETBAC PEDESTRIAN WALK (WITHIN SETBACK) z LEGOLAND PLANNING AR •& LOT LINE \I‘ SECONDARY A .11, CCESS ‘..„ (SERVICE 8t V .1,, \ EMERGENCY) - r • i< 50' BLDG & LANDSCAPE SETBACK RESORT 'PriiMARY I ACCESS DRIVE GOLF iI4z,-11 COURSE GOLF CLUBHOUSE LOCATED ON RESORT SITE OPEN SPACE 1== 1.11.1•1 &NINNY. si 111•1•1444. 20' BLDG & LANDSCAPE SETBACK GOLF CART & MAINTENANCE WHICLE PATH (WITHIN SETBACK) 5 TRAIL fat PER • CITY RiML PAN n. 26. BLDG & LANDSCAPE SIBACK •Rom RAW. GOLF CART UNDER OR OVER CROSSING ." (CONNECTION WITH POTENTIAL FUTURE CITY GOLF COURSE 10 ACRES 100'260' FIGURE 46 PLANNING AREA 5/5A - RESORT LAND USE : RESORT NET PARCEL AREA: 52.80 ACRES DEVELOPMENT PROGRAM: DESTINATION RESORT HOTEL, MEETING SPACE, RESTAURANT, RECREATION AND ASSOCIATED FACILITIES: TOTAL 647,000 SF. ri Accessory Uses - The following uses are permitted only as accessory uses when incorporated into the main resort building(s). Retail related to the resort; Restaurants, not including drive-up or drive-in services; Health and Fitness Clubs; Daycare facilities for child care; Personal Services; Barbers, Beauty Shops, etc.; Art Galleries/Museums; Administrative and Business Offices for the resort; Bars and Nightclubs as a part of the resort or restaurant; 10' from any building used for human habitation and 25' from any property line. In addition, Carlsbad's Citywide Trail System must be revised to allow equestrian use of the b. Building and Landscape Parking Setbacks The following building and parking setbacks shall be landscaped and conform to the requirements of the Commercial Tourist (C-T) Zone requirements (Chapter 21.29 of the Carlsbad Municipal Code) which apply to the project and as follows: Building and Landscape Setbacks - From Cannon Road right-of-way: 50 feet From The Crossings Drive right-of-way: 20 feet From outer western perimeter boundary and LEGOLAND Carlsbad 50 feet From outer eastern perimeter boundary 20 feet From internal lot lines Zero Parking Setbacks - From all outer perimeter boundaries 15 feet c. Building Height Building heights shall conform to the building height standards of the City's Zoning Ordinance (Chapters 21.01 and 21.29.060 of the Carlsbad Municipal Code) except as modified in this section. The habitable portion of buildings shall not exceed a height of 35 feet and/or three levels, and allowed height protrusions as described in C.M.C. Section 21.46.020 shall not exceed 45 feet. Additional habitable building height may be permitted up to a maximum of 45 feet in height and/or four levels, through a Site Development Plan approved by the City Council. Allowed height protrusions as described in C.M.C. Section 21.46.020 shall not exceed 55 feet, with the exception of an elevator tower connecting resort facilities and buildings on PA-5 and PA-5A that may be allowed up to 80 feet in height, subject to the following: All required street and perimeter building setbacks shall be increased at a ratio of one horizontal foot for every one foot of vertical construction beyond 35 feet. C • maintained as landscaped open t-...pacc; The building conforms to the requirements of Section 18.04.170 of the Carlsbad Municipal Code; and iii. The allowed height protrusions as described in Section 21.46.020 of the Carlsbad Municipal Code (1) do not function to provide usable floor area; (2) do not accommodate and/or screen building equipment; (3) do not adversely impact adjacent properties; (4) are necessary to ensure a building's design excellence. d. Parking Standards i. Joint and common use parking facilities, up to 15% of the total required onsite, are allowed within the resort(s) based on the potential for shared/off-peak uses. Specific reductions percentages allowed of in parking requirements shall be determined based on provisions set forth in Section 21.44.050(a)(4) of the Carlsbad Municipal Code. Hotel and Timeshare Units: Conventional Lock-off 2. DESIGN GUIDELINES a. Building Orientation 1.2 parking stall 1.5 parking stall The main building will be located near the resort entrance off Cannon Road. It will be oriented to provide views of Carlsbad Ranch and the ocean beyond from a maximum number of suites. Likewise, the other lodging buildings will be sited on the steeper terrain to the south of the main building to maximize views. b. Architectural Character All buildings shall reflect a Mediterranean vocabulary. Distinctive architectural features characteristic of this style such as courtyards, arcades, balconies, terraces, arches and arbors shall be encouraged to create richness and visual interest to the buildings. c. Building Materials Building materials should incorporate or be generally compatible with a Mediterranean architectural vocabulary and shall be durable and high quality. Exterior wall and roof colors should be of low intensity earth tones. The buildings should be predominantly stucco walls with sloping tile roofs. Other materials which are permitted as accents for exterior walls are ceramic tile, ornamental wrought iron, natural stone, decorative block, wood or other compatible natural building materials. d. Building Form and Massing The resort buildings shall be well articulated by changes in horizontal and vertical planes to reduce the appearance of bulk and create interesting building silhouettes. Features such as arches, loggias, balconies, elevated walkways and window and entry recesses will be used to provide additional visual interest and detail. e. Building Roof Togs Sloping roofs, varying roof heights and forms shall be used to provide interesting building silhouettes. Rooftop mechanical equipment, with the exception of photo voltaic systems, shall be screened, enclosed and architecturally incorporated into visually interesting building tops. FC" V. FIGURE 10 PLANNING AREAS. . 6 SPECIALTY RETAIL 10 AMES 01 00 201 600' 1 GEMOLOGICAL INSTITUTE OF AMERICA 2 RESEARCH et DEVELOPMENT/OFFICE 7 FLOWER FIELDS 3 COMMUNITY HOTEL & RETAIL Eia GOLF COURSE 4 LEGO FAMILY PARK 8b GOLF COURSE 5 RESORT 9 NATURAL OPEN SPACE 50 RESORT tJ Parcel Acres (net) Parcel Acres (net) 1 - AGRICULTURE 53.42 16 - OPEN SPACE 10.00 2 - RETAIL 15.95 17 - RESORT 52.80 3 - GOLF 45.61 18 - LEGO 128.32 4 - A./ALT. 10.87 19 - LEGO DR. (PRIVATE) 0.94 5 - GOLF 26.46 20 - RESORT 3.14 6 - R & D 5.78 MAP 13078, LOT 3 - RETAIL 10.70 7 - R & D 5.78 MAP 13078, LOT 5 - G.I.A. 10.30 8 - R & D 4.84 MAP 13078, LOT 6 - G.I. A 7.76 9 - R & D 4.00 CT92-7, LOT 14 - HOTEL/RETAIL 10.48 10 - R & D 4.95 PASEO DEL NORTE 0.08 11 - R & D 4.03 POINTE PKWY. 0.10 12 - R & 3.79 CANNON RD. 3.02 13 - STREET "D" 1.97 LEGO DR. 2.49 14 - R & D 3.38 ARMADA DR. 10.89 15 - R & D 3.46 HIDDEN VALLEY RD. 2.84 PALOMAR AIRPORT RD. 2.39 TOTAL SPECIFIC PLAN 450.54 cc NOTE: REFER TO -TENTATIVE MAP FOR PRECISE PARCEL LINES AND ACREAGES. 10 AWES a' [ow zow sow FJ FIGURE 12 PARCELIZATION RESOLUTION NO. 2016-021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CERTIFYING AN ENVIRONMENTAL IMPACT REPORT EIR 15-02, ADOPTING THE CANDIDATE FINDINGS OF FACT AND THE MITIGATION MONITORING AND REPORTING PROGRAM, APPROVING A GENERAL PLAN AMENDMENT GPA 14-03 TO AMEND THE LAND USE MAP OF THE GENERAL PLAN FROM PUBLIC/PLANNED INDUSTRIAL/OFFICE (P/PI/0) TO VISITOR COMMERCIAL (VC), AND APPROVING A LOCAL COASTAL PROGRAM AMENDMENT LCPA 14-03 CHANGING THE COASTAL LAND USE AND ZONING DESIGNATIONS TO BE CONSISTENT WITH CITY LAND USE AND ZONING ON 3.6 ACRES OF LAND GENERALLY LOCATED WEST OF THE CROSSINGS DRIVE AND NORTH OF GRAND PACIFIC DRIVE IN THE NORTH WEST QUADRANT OF THE CITY WITHIN THE MELLO ll SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 8. CASE NAME: WESTIN HOTEL AND TIMESHARE CASE NO.: EIR 15-02/GPA 14-03/LCPA 14-03 WHEREAS, Grand Pacific Resorts LLC ("Applicant") has applied for approval of the Westin Hotel and Timeshare ("Project") on approximately 3.6 acres generally located west of the Crossings Drive and east of Grand Pacific Drive in the northwest quadrant of the City of Carlsbad in Local Facilities Management Zone 8; and WHEREAS, the Project includes, among other things, a request for approval of General Plan Amendment GPA 14-03 and Local Coastal Program Amendment LCPA 14-03; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), Public Resources Code Section 21000, et seq., and its implementing regulations, 14 California Code of Regulations Section 15000, et seq. ("CEQA Guidelines"), the City of Carlsbad ("City") as lead agency prepared a Draft Environmental Impact Report ("Draft EIR") for the Project and circulated the Draft EIR for public review and comment as required by law; and WHEREAS, the City received and responded to public comments on the Draft EIR and determined that the comments did not raise any significant environmental issues not already addressed in the Draft EIR; and 1 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 WHEREAS, the City has prepared a Final Environmental Impact Report ("Final EIR"), which includes the Draft EIR, technical appendices, public comments and the responses to public comments on the Draft EIR and all other, information required by CEQA Guidelines section 15132, which has been filed with the City Clerk; and WHEREAS, pursuant to CEQA, the City has prepared a Mitigation Monitoring and Reporting Program, which has been filed with the City Clerk; and WHEREAS, on December 16, 2015, pursuant to the provisions of the Municipal Code, the Planning Commission held a duly noticed public hearing as prescribed by law to consider the Westin Hotel and Timeshare Final Environmental Impact Report EIR 15-02, General Plan Amendment GPA 14-03, and Local Coastal Program Amendment LCPA 14-03, and adopted Planning Commission Resolutions No. 7138, 7139, and 7141 respectively, recommending that the City Council certify Final Environmental Impact Report 15-02 and approve General Plan Amendment 14-03 and Local Coastal Program Amendment 14-03; and WHEREAS, on January 26, 2016, the City Council of the City of Carlsbad ("City Council") continued the duly noticed public hearing to consider Environmental Impact Report EIR 15-02, General Plan Amendment 14-03, and Local Coastal Program Amendment 14-03 to February 23, 2016; and WHEREAS, on February 23, 2016 the City Council of the City of Carlsbad held a duly noticed public hearing to consider Environmental Impact Report EIR 15-02, General Plan Amendment 14-03, and Local Coastal Program Amendment 14-03; and, WHEREAS, at said public hearing, all materials with regard to the Project were made available to the City Council for its review and consideration and the City Council heard and considered the testimony and materials presented by all persons desiring to be heard, and 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 considered all factors relating to Environmental Impact Report 15-02, General Plan Amendment 14-03, and Local Coastal Program Amendment 14-03; and WHEREAS, having reviewed and considered all testimony and materials made available to • it, including but not limited to Final Environmental Impact Report 15-02, the staff reports and all the testimony and evidence in the record of the proceedings with respect to the Project, the City Council took the actions hereinafter set forth. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. The City Council finds the facts recited above are true and correct. 2. The City Council finds and determines that the applicable provisions of CEQA and the CEQA Guidelines have been duly observed in conjunction with the Project and said hearings and the consideration of this matter and all of the previous proceedings related thereto. 3. The City Council finds and determines that (a) the Final Environmental Impact Report 15-02 is complete and adequate in scope and has been completed in compliance with CEQA and the CEQA Guidelines for implementation thereof, (b) the Final Environmental Impact Report 15-02 was presented to the City Council and the City Council has fully reviewed and considered the information in Final Environmental Impact Report 15-02 prior to approving the Project, (c) the Final Environmental Impact Report 15-02 reflects the City Council's independent judgment and analysis, and, therefore, Final Environmental Impact Report 15-02 is hereby declared to be certified in relation to the subject of this Resolution. 4. The City Council finds and determines that the Project is approved, pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091, the City Council hereby makes and adopts the findings with respect to each significant environmental effect as set forth in the Findings of Fact, appended hereto as Exhibit "A" and made a part hereof by this reference, and declares that it considered the evidence described in connection with each such finding. 5. With respect to the significant environmental effects identified in Final Environmental Impact Report 15-02 and pursuant to Public Resources Code Section 21081.6 and CEQA Guidelines Section 15091(d), the City Council hereby adopts and approves the Mitigation Monitoring and Reporting Program, which is appended hereto as Exhibit "B" and is made a part hereof by this reference, and hereby makes and adopts the provisions of the Mitigation Monitoring and Reporting Program as conditions of approval for the Project. 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. Pursuant to Public Resources Code Section 21152 and CEQA Guidelines Section 15094, the City Clerk shall cause a Notice of Determination to be filed with the Clerk of the County of San Diego. Unless the Project is declared exempt herein and a Certificate of Filing Fee Exemption is on file, the Project is not operative, vested or final until the filing fees required pursuant to Fish and Game Code Section 711.4 are paid to the Clerk of the County of San Diego. 7. Pursuant to Public Resources Code Section 21081.6(a)(2) and CEQA Guidelines Section 15091(e), the location and custodian of the documents and other materials which constitute the record of proceedings on which this Resolution is based is the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California. 8. The City Council finds and determines that the recommendation of the Planning Commission for the approval of the General Plan Amendment GPA 14-03 and Local Coastal Program Amendment 14-03 is approved and that the findings and conditions of the Planning Commission contained in Planning Commission Resolutions No. 7139 and 7141, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 9. That the approval of LCPA 14-03 shall not become effective until it is approved by the California Coastal Commission and the California Coastal Commission's approval becomes effective. 10. This action regarding EIR 15-02 and GPA 14-03 is final on the date this resolution is adopted by the City Council. 11. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply. The parties are hereby informed that the time within which judicial review of this resolution must be sought is governed by Section 21167 of the Public Resources Code with respect to certification of Final Environmental Impact Report 15-02 and by Section 1094.6 of the Code of Civil Procedure with respect to General Plan Amendment 14-03 and Local Coastal Program Amendment LCPA 14-03. /// 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 BARBARA ENGLESO , City Clerk = 0 CU-6,176-4-4 t.--1‘ J-4-/---------- t- Ni PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 23rd day of February 2016, by the following vote to wit: AYES: Council Members Hall, Wood, Schumacher, Blackburn, Packard. NOES: None. ABSENT: None. 1 2 3 4 5 6 7 8 9 44' / MATT HA L, (Mayor 10 11 12 ATTEST: 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT A DRAFT FINDINGS OF FACT REGARDING FINAL ENVIRONMENTAL IMPACT REPORT FOR THE WESTIN HOTEL AND TIMESHARE PROJECT SCH No. 2015041042 December 2015 TABLE OF CONTENTS I. INTRODUCTION 1 A. Findings of Fact and Statement of Overriding Considerations 1 B. Record of Proceedings 3 II. PROJECT SUMMARY 4 A. Project Location 4 B. Project De scription • 5 C. Discretionary Actions 5 D. Statement of Objectives 6 III. ENVIRONMENTAL REVIEW AND PUBLIC PARTICIPATION 6 IV. GENERAL FINDINGS 6 V. SUMMARY OF IMPACTS 7 VI. FINDINGS REGARDING SIGNIFICANT IMPACTS 8 A. Findings Regarding Significant Impacts That Can be Mitigated to Below a Level of Significance (CEQA §21081(a)(1) and CEQA Guidelines §15091(a)(1)) 9 B. Findings Regarding Mitigation Measures Which are the Responsibility of Another Agency (CEQA §21081(a)(2)) and CEQA Guidelines §15091(a)(2)) 14 C. Findings Regarding Infeasible Mitigation Measures or Alternatives (CEQA §21081(a)(3) and CEQA Guidelines §15091(a)(3) 14 D. Findings Regarding Alternatives Considered and Rejected 14 E. Findings Regarding Alternatives Considered In EIR 15 VII. STATEMENT OF OVERRIDING CONSIDERATIONS 19 VIII. CONCLUSION 19 I. INTRODUCTION A. Findings of Fact and Statement of Overriding Considerations The California Environmental Quality Act (CEQA) (Public Resources Code §§21000, et seq.) and the CEQA Guidelines (14 California Code of Regulations §§15000, et seq.) promulgated thereunder require that the environmental impacts of a project be examined before a project is approved. In addition, once significant impacts have been identified, CEQA and the CEQA Guidelines require that certain Findings be made before project approval. It is the exclusive discretion of the decision maker certifying the environmental impact report (EIR) to determine the adequacy of the proposed Findings. Specifically, regarding Findings, Guidelines §15091 provides: (a) No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 3. Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR. (b) The findings required by subdivision (a) shall be supported by substantial evidence in the record. (c) The finding in subdivision (a)(2) shall not be made if the agency making the finding has concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or alternatives. The finding in subdivision (a)(3) shall describe the specific reasons for rejecting identified mitigation measures and project alternatives. (d) When making the findings required in subdivision (a)(1), the agency shall also adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to avoid or -1- substantially lessen significant environmental effects. These measures must be fully enforceable through permit conditions, agreements, or other measures. (e) The public agency shall specify the location and custodian of the documents or other materials which constitute the record of the proceedings upon which its decision is based. (f) A statement made pursuant to §15093 does not substitute for the findings required by this section. The "changes or alterations" referred to in CEQA Guidelines §15091(a)(1) above, that are required in, or incorporated into, the project which mitigate or avoid the significant environmental effects of the project (a.k.a. "project design features"), may include a wide variety of measures or actions as set forth in CEQA Guidelines §15370, including: (a) Avoiding the impact altogether by not taking a certain action or parts of an action. (b) Minimizing impacts by limiting the degree ,pr magnitude of the action and its implementation. (c) Rectifying the impact by repairing, rehabilitating, or restoring the impacted environment. (d) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action. (e) Compensating for the impact by replacing or providing substitute resources or environments. Should approval of the project nevertheless result in significant impacts, a Statement of Overriding Considerations (SOCs) must be prepared. The statement provides the lead agency's views on the ultimate balancing of the merits of approving a project despite its unavoidable environmental risks. Regarding the SOCs, CEQA Guidelines §15093 provides: (a) CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits, including region-wide or statewide environmental benefits, of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits, including region-wide or statewide environmental benefits, of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable." -2- (b) When the lead agency approves a project which will 'result in the occurrence of significant effects which are identified in the Final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the Final EIR and/or other information in the record. The statement of overriding, considerations shall be supported by substantial evidence in the record. (c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091. FolioWing its independent review, it is exclusively the discretion of the decision-maker certifying the Final EIR to make a final determination regarding the adequacy of the proposed Findings and SOCs. Having received, reviewed, and considered the Final EIR for the Westin Hotel and Timeshare Project, State Clearinghouse No. 2015041042 as well as all other information in the Record of Proceedings on this matter, the following Findings are hereby adopted by the City in its capacity as the CEQA Lead Agency, and the Final EIR is certified as being completed in compliance with CEQA. These Findings set forth the environmental basis for current and subsequent discretionary actions to be undertaken by the City and responsible agencies for the implementation of the project. The Findings presented herein are based on substantial evidence in the entire record. before he City and reflect the City's independent judgment and analysis as the project CEQA Lead Agency. References to the Draft EIR and Final EIR set forth in these Findings are for ease of reference and are not intended to provide an exhaustive list of the evidence relied upon for the Findings. B. Record of Proceedings For purposes of CEQA and these Findings, the Record of Proceedings for the project consists of the following documents and other evidence, at a minimum: • The Notice of Preparation (NOP) and all other public notices issued by the City in conjunction with the project; • Comments received on the NOP; • The Final EIR for the project; • The Draft EIR; • All written comments submitted by agen6es or members of the public during the public review comment period on the Draft EIR; -3- • All responses to written comments submitted by agencies or members of the public during the public review comment period on the Draft EIR; • All written and verbal public testimony presented during a noticed public hearing for the proposed project at which such testimony was taken; • All documents, studies, EIRs, or other materials incorporated by reference or cited to in the Draft EIR and the Final EIR, including all references identified in • Section 11.0 of the Final EIR; • Matters of common knowledge to the City, including but not limited to federal, state, and local laws and regulations; : • Any doCuments expressly cited in these Findings; • City staff reports prepared for this project and any exhibits thereto; • Project permit conditions, findings, and the Mitigation Monitoring and Reporting Program (MMRP); • Any other relevant materials required to be in the record of proceedings by Public Resources Code §21167.6(e); Additionally, the Draft EIR and related technical studies were made available for review during the public review period at the following public libraries: Carlsbad City Library Georgina Cole Library 1775 Dove Lane 1250 Carlsbad Village Drive Carlsbad, CA 92011 Carlsbad, CA 92008 II. PROJECT SUMMARY A. Project Location The project site is located on a 3.69-acre site located north of Palomar Airport Road, south of Cannon Road, and east of the LEGOLAND Resort within the City of Carlsbad (City). Regional access to the project site is provided by Interstate 5, located approximately one mile to the west of the project site. The Agua Hedionda Lagoon is located approximately three-quarters of a mile north of the project site and McClellan—Palomar Airport is located approximately one mile east of the project site. -4- ' B. Project Description The project includes a General Plan Amendment, Zone Change, and Local Coastal Program Amendment to change the property land use category of Unplanned Area (UA), Planned Industrial (PI), and Office (0) to Travel/Recreation Commercial (TR) and to change the zoning from Exclusive Agriculture (EA), Planned Industrial (PI), and Office (0) to Commercial Tourist with a Qualified Overlay (C-T-Q). Development of the project site would include removal of an existing municipal 1,500,000-gallon water tank, grading of the property resulting in an export of approximately 14,610 cubic yards, and the subsequent development of a four-story, 81,200-square-foot 71-room hotel building, and a four-story, 62,680-square-foot 36-unit timeshare building including an underground garage. C. Discretionary Actions The following discretionary actions are being considered by the City Council: • General Plan Amendment (GPA 14-03) • Zone Change (ZC 14-02) • Local Coastal Program Amendment (LCPA 14-03) • Tentative Tract Map (CT 14-08) • Non-Residential Planned Unit Development (PUD 15-01) • Conditional Use Permit (CUP 15-03) • Site Development Plan (SDP 14-11) • Coastal Development Permit (CDP 14-29) • Hillside Development Permit (HDP 14-06) • Specific Plan Amendment (SP 207(K)) In addition, the City may use the Final EIR to approve other discretionary actions for which the environmental impacts have been analyzed therein. The Final EIR may also be used by responsible and trustee agencies in connection with project-related approvals/conditions including, without limitation, conformance to the National Pollutant Discharge Elimination System (NDPES) Construction General Permit (State Water Resources Control Board/Regional Water Quality Control Board [SVVRCB/RWQCBD and Municipal Storm Water Permit (RWQCB). -5- D. Statement of Objectives As described in Section 3.1 of the Final EIR, the following objectives are identified for the proposed project: • Develop the City-owned property with a use that would generate long-term revenue for the City by means of leasehold rent, transient occupancy tax (TOT), sales tax, and property tax revenues. • Support increased tourism and provide additional leisure and recreational options to visitors of the City. • Develop a four-star hotel to address an underserved market. • Develop a project that incorporates a "life style brand" hotel that will benefit The Crossings Golf Course by generating additional green fees. • Provide additional tourist accommodations that integrate with the existing Sheraton and MarBrisa resorts adjacent to the project site. • Develop a project that is architecturally compatible with the surrounding properties. III. ENVIRONMENTAL REVIEW AND PUBLIC PARTICIPATION A NOP, prepared in compliance with Section 15082 of the CEQA Guidelines, was distributed for the project from April 13, 2015 to May 12, 2015. The NOP, associated comments, and responses are included in the FEIR as Appendix A. The Draft EIR for the proposed project was then prepared and circulated for review and comment by the public, agencies, and organizations for a public review period that began on July 29, 2015 and concluded on September 11, 2015. A Notice of Completion of the Draft EIR was sent to the State Clearinghouse and the Draft EIR was circulated to state agencies for review through the State Clearinghouse, Office of Planning and Research (SCE[ No. 2015041042). A Notice of Availability of the Draft EIR was mailed to organizations and parties expressing interest in the project, filed with the City Clerk, and published in the San Diego Daily Transcript. Public comments received on the Draft EIR and responses to those comments have been incorporated into the Final EIR as Appendix L. IV. GENERAL FINDINGS The City hereby finds as follows: • The City is the "Lead Agency" for the proposed project evaluated in the Final EIR. -6- • The Draft EIR and Final MR were prepared in compliance with CEQA and the CEQA Guidelines. • The City has independently reviewed and analyzed the Draft EIR and Final EIR, and these documents reflect the independent judgment of the City Council and the City. • The City has adopted a MMRP for the proposed project. That MMRP is included as Chapter 10 of the Final EIR and is considered part of the Record of Proceedings for the proposed project. • In determining whether the proposed project has a significant impact on the environment and in adopting these Findings pursuant to §21081 of CEQA, the City has based its decision on substantial evidence and complied with CEQA §§21081.5 and 21082.2 and CEQA Guidelines 15091(b). • Pursuant to Senate Bill 18, the City provided consultation opportunity with Native American tribes. Meetings with the City, applicant, and representatives of the San Luis Rey Band of Mission Indians occurred on several occasions both Prior to and after public review of the Draft EIR. The proposed mitigation plan and alternative foundation design to minimize potential cultural resource impacts was refined with input from tribal representatives. • The City reviewed the comments received on the Draft EIR and Final EIR and the responses thereto and has determined that neither the comments received nor the responses to such comments or associated Final EIR revisions add significant new information regarding environmental impacts to the Draft EIR or Final EIR. The changes to the Final EIR would not result in any new significant environmental impact or increase the severity of an environmental impact. • The City has based its actions on full appraisal of all viewpoints, including all comments received up to the date of adoption of these Findings concerning the environmental impacts identified and analyzed in the Final EIR. V. SUMMARY OF IMPACTS In identifying the following impacts that are less than significant without mitigation, the City has considered project design features, as well as applicable plans, programs, regulations, and policies. The Final EIR concludes that the proposed project will have no significant impacts and require no mitigation measures with respect to the following issues: • Aesthetics • Agriculture and Forestry Resources -7- • Air Quality • Biological Resources (Sensitive Habitats, Jurisdictional Wetlands and Waters, Wildlife Corridors, Local Ordinances) • Cultural and Paleontological Resources (Historic Resources only) • Geology and Soils • Greenhouse Gas • Hazardous Materials • Hydrology and Water Quality • Land Use (Physically Divide an Established Community, Conflicts with Applicable Plans and Zoning, and Local Coastal Program) • Mineral Resources • Noise • Population and Housing • Public Services • Transportation and Circulation • Utilities VI. FINDINGS REGARDING SIGNIFICANT IMPACTS In making each of the Findings herein, the City has considered the project design features and plans, programs, and policies identified throughout the Final EIR. The project design features described throughout the Final EIR are part of the project that the City has considered, and the project may only be constructed in accordance with the project design features regardless of whether they are explicitly made conditions of the project permits. The plans, programs, and policies discussed in the Final EIR are existing regulatory plans and programs, which the project is subject to regardless of whether they are explicitly made conditions of the project permits. The CEQA Guidelines state that an agency's Findings must be "accompanied by a brief explanation of the rationale for each Finding" (14 California Code of Regulations §15091(a)). This requirement applies to the Findings relating to mitigation of significant impacts, mitigation measures under the jurisdiction of another agency, and infeasibility of mitigation measures and alternatives required under Public Resource Code §21081(a) and -8- 14 California Code of Regulations §15091(a), (c). Every citation to the Final EIR or other documents identified in these Findings is hereby incorporated by reference as if fully set forth herein. A. Findings Regarding Significant Impacts That Can be Mitigated to Below a Level of Significance (CEQA '§21081(a)(1) and CEQA Guidelines §15091(a)(1)) The City, having reviewed and considered the information contained in the Final EIR, and the Record of Proceedings pursuant to CEQA §21081(a)(1) and CEQA Guidelines §15091(a)(1), adopts the following Findings regarding the significant effects of the proposed project, as follows: (1) Changes or alterations have been required in, or incorporated into, the project which would mitigate avoid or substantially lessen the significant environmental effects as identified in the Final EIR as described below: Biological Resources Sensitive Wildlife Species Potentially Significant Effect Potentially significant impacts to sensitive wildlife could result during project grading and construction. Specifically, construction during the,,breeding season could adversely impact nesting or migratory birds, including raptors that may occupy the on-site eucalyptus trees. Additionally, construction during the breeding season of the coastal California gnatcatcher would generate noise that could disrupt nesting or breeding activities in the off-site coastal sage scrub habitat. Facts in Support of Finding The potentially significant impacts to sensitive wildlife shall be mitigated to below a level of significance with implementation of the mitigation measures identified as BIO-1 and BIO- 2 in Section 4.4.3.2 of the Final EIR. BIO-1 requires: either construction shall occur outside the bird nesting and breeding season (February 15 to September 15) or pre-construction surveys shall be conducted to determine the absence or presence of nests and, if nests are present, implementation of nest avoidance measures. Nest avoidance measures consist of providing a fenced protective buffer of at least 500 feet from active nests of listed species, and 300 feet from other sensitive bird species. All construction activity shall be prohibited within the protective buffer. -9- BIO-2 requires: either construction shall occur outside the coastal California gnatcatcher breeding season (between March 15 and August 15), or U.S. Fish and Wildlife Service (USFWS) protocol pre-construction nest surveys shall be conducted and nest avoidance measures shall be implemented if nests are found. For coastal California gnatcatcher avoidance measures, a qualified acoustician must complete a study showing that noise generated by construction activities will not exceed 60 A-weighted decibels (dB(A)) hourly average at the edge of occupied habitat prior to construction, and take of active nests shall be prohibited. Rationale and Conclusion Impacts to raptors, migratory, nesting birds, or coastal California gnatcatcher would be mitigated through implementation of BIO-1 and BIO-2, which require grading and construction to occur outside the bird breeding season. If grading must occur during the breeding/nesting season, pre-construction surveys would be required to determine absence or presence. If present, appropriate buffers would be implemented to avoid direct impacts. Measure BIO-2 would further require noise analysis and monitoring to ensure that noise levels do not exceed 60 dB(A) hourly equivalent sound level (Leg) within 500 feet of habitat occupied by the coastal California gnatcatcher. A fenced protective buffer and supervision by a qualified biologist would also be required. Project impacts to sensitive wildlife would be mitigated to below a level of significance. Implementation of these mitigation measures is assured through their incorporation into the project's MMRP. Reference: Final EIR Section 4.4.3. Cultural Resources Archaeological Resources Potentially Significant Effect The project site contains portions of a significant archaeological site, CA-SDI-8797 Locus C, which was previously capped in conjunction with a prior project and includes a subsurface archaeological deposit and human burial(s). Development of the project site would result in some disturbance to CA-SDI-8797 Locus C; however, impacts to known human burials would be avoided. Disturbance of CA-SDI-8797 Locus C would be considered a significant impact. In addition, project grading could result in significant impacts to currently unknown and buried prehistoric/archaeological resources on-site. Facts in Support of Finding The project's potentially significant impacts to the capped portion of CA-SDI-8797 Locus C would be avoided to the maximum extent practicable through the use of an alternative foundation design that would allow the structure in the location of CA-SDI-8797 Locus C to essentially float over the ground surface by transferring the weight of the structure deep -10- into the earth by installing concrete piles, or caissons. The structure would require 47 caissons to support the hotel foundation, and each caisson would require disturbance of an approximately 1 meter x 1 meter section of earth. Additionally, installation of the elevator pit and basement area would require penetration of the capped portion of CA-SDI-8797 Locus C, which would be a potentially significant impact. Implementation of the data recovery program as detailed in ARC-1 would ensure that any cultural material present in the area of SDI-8797 Locus C would be recovered and reburied within the project site to retain the cultural value of the resource on-site. The data recovery program would include hand excavation of 100 percent of the material extracted from the 1 meter x 1 meter test units for each caisson; data recovery of the basement and elevator pit at a minimum of 15 percent of the excavated material, up to 100 percent of the excavated material depending on the extent of cultural materials encountered during data recovery for caissons; and additional data recovery within the fenced area around the water tank that has never been subject to subsurface archaeological testing. Implementation of ARC-1 would ensure that the research potential of the site has been exhausted and that any cultural material encountered during data recovery would be identified and reburied within the on-site open space easement to preserve cultural material within the site. The project's potentially significant impacts to currently unknown and buried prehistoric/archaeological resources on-site would be mitigated through implementation of mitigation measure ARC-2. Specifically, ARC-2 requires the preparation of a monitoring plan and the presence of the Archaeological Monitor and Native American Monitor from the San Luis Rey Band of Mission Indians during grading/excavation/ trenching activities that could result in impacts to archaeological resources as identified in the monitoring plan. Prior to any construction permits, the City shall, verify that the requirements for archaeological monitoring and Native American monitoring have been noted on the appropriate construction plans. The Qualified Archaeologist and Native American Monitor shall attend any grading/excavation-related preconstruction meetings to make comments and/or suggestions concerning the archaeological monitoring program. Included in this mitigation measure is the requirement that the Archaeological Monitor shall document field activity and if a discovery is made, the monitors shall divert construction activities from the area of discovery. After following the identified protocol to determine significance, either a data recovery program shall be implemented for significant resources or less than significant artifacts shall be collected, curated, and documented in the Final Monitoring Report. If human remains are discovered, work shall stop in that area, and the procedures as set forth in the California Public Resources Code (Sec. 5097.98) and State Health and Safety Code (Sec. 7050.5) shall be followed. Additional details of this mitigation measure are included in Section 4.4.4.3 of the Final EIR. Mitigation measure ARC-3 would provide protection in perpetuity through an open space easement for the known archaeological resources on-site. While the project would impact a -11- portion of CA-SDI-8797 Locus C through installation of caissons and a basement and elevator pit, the majority of this site would remain undisturbed. Measure ARC-3 would ensure that no further disturbance to the archaeological site would occur after project construction. Rationale and Conclusion The actions making up mitigation measure ARC-1 identified in Section 4.4.4.3 of the Final EIR assure the recovery and recording of important prehistoric/archaeological information, which may otherwise be lost during construction of the proposed project. The requirements of ARC-2 ensure that an Archaeological Monitor and Native American Monitor from the San Luis Rey Band of Mission Indians would be present for all grading activities and assure that grading shall be halted or diverted should any discovery be made. In the event that a discovery of prehistoric or archaeological resources occurs during grading for the proposed project, the determination of significance shall be made and the mitigation measure outlined in the Final EIR shall be implemented. ARC-3 would provide protection in perpetuity for the known archaeological resources on-site (CA-SDI-8797 Locus C). These mitigation measures would reduce potentially significant impacts to archaeological. resources to a less than significant level. Implementation of these mitigation measures are assured through their incorporation into the project's MMRP. Reference: Final EIR Section 4.4.4 Paleontological Resources Potentially Significant Effect The project site is underlain by Santiago Formation and Lindavista Formation, which have high and moderate paleontological resource sensitivity, respectively. Project grading would involve cut and removal of approximately 14,610 cubic yards of material; as a result, there is a potential for grading to destroy buried fossil remains, resulting in a significant impact to paleontological resources. Facts in Support of Finding The project's potentially significant impacts to paleontological resources will be mitigated to below a level of significance with implementation of the mitigation measure identified in Section 4.4.6.3 of the Final EIR. Implementation of the mitigation measure PAL-1 shall require paleontological monitoring requirements to be noted on the appropriate construction plans, a monitoring plan be prepared prior to the start of construction to identify- areas that shall be monitored, and presence of a paleontological monitor on-site during grading. In the event of a discovery, grading activities in the area of discovery are required to stop. The resource is required to be studied so that a determination of significance can be made. If the resource is significant, appropriate collection and curation is required. Upon completion of construction, a Draft Monitoring Report shall be prepared -12- that describes the results, analysis, and conclusions of all phases of the Paleontological Monitoring Program. Additional details of this measure are found in Section 4.4.6.3 of the Final EIR. Rationale and Conclusion These individual actions making up mitigation Measure PAL-1 assure the recording and recovery of important paleontological information,' which may otherwise be lost during construction of the proposed project. The requirement for a monitor to be present for all construction activities, along with the specified processes, assures that grading will be halted or diverted should any discovery be made. Implementation of the mitigation measure assures that significance testing occurs immediately and that important discoveries are reported and/or collected. Because the discovery of any paleontological resources will not occur until the grading for project construction is underway, it is not feasible to pursue preservation in place as a mitigation measure in the event of the discovery of significant resources. This mitigation measure will reduce potentially significant impacts to paleontological resources to less than significant. Implementation of this mitigation measure is assured through its incorporation into the project's MMRP. Reference: Final EIR Section 4.4.6 Land Use Multiple Habitat Conservation Program/Habitat Management Plan Consistency Potentially Significant Effect While the project would not result in any direct impacts to the adjacent Habitat Management Plan (HMP) Preserve, the project would have the potential to generate noise during construction that could indirectly impact the coastal California gnatcatcher inside the adjacent hardline preserve. This would result in a significant impact related to the City's Multiple Habitat Conservation Program (MHCP)/HMF'. Facts in Support of Finding Implementation of mitigation measure B10-2 would reduce potentially significant impacts to the coastal California gnatcatcher inside the adjacent HMP hardline preserve to below a level of significance. As stated above,- B10-2 requires construction to occur outside the coastal California gnatcatcher breeding season (between March 15 and August 15) or USFWS protocol pre-construction nest surveys and nest avoidance measures. For coastal California gnatcatcher avoidance measures, a Qualified Acoustician must complete a study showing that noise generated by construction activities will not exceed 60 dB(A) hourly average at the edge of occupied habitat prior to construction and prohibit take of active nests. These measures will ensure that no indirect impacts to coastal California gnatcatcher occur in the adjacent HMP preserve. -13- Rationale and Conclusion Implementation of mitigation measure BIO-2 requires noise analysis and monitoring to ensure that noise levels do not exceed 60 dB(A) hourly Leg within 500 feet of habitat occupied by the coastal California gnatcatcher. A fenced protective buffer and supervision by a Qualified Biologist would also be required. Implementation of this mitigation measure is assured through its incorporation into the project's MMRP. Reference: Final EIR Section 4.8.6 B. Findings Regarding Mitigation Measures Which are the Responsibility of Another Agency (CEQA §21081(a)(2)) and CEQA Guidelines §15091(a)(2)) The City, having reviewed and considered the information contained in the Final EIR, finds pursuant to CEQA §21081(a)(2) and CEQA Guidelines §15091(a)(2) that there are no changes or alterations which could reduce significant impacts that are within the responsibility and jurisdiction of another public agency. C. Findings Regarding Infeasible Mitigation Measures or Alternatives (CEQA §21081(a)(3) and CEQA Guidelines §15091(a)(3)) The City, having reviewed and considered the information contained in the Final EIR and the Record of Proceedings, and pursuant to Public Resource Code §21081(a)(3) and State CEQA Guidelines §15091(a)(3), finds that specific economic, legal, social, technological, or other considerations, including considerations of the provision of employment opportunities for highly trained workers, make infeasible alternatives identified in the Final EIR (SCH No. 2015041042). D. Findings Regarding Alternatives Considered and Rejected Pursuant to CEQA Guidelines §15126.6, the range. of potential alternative to the proposed project shall include those that could feasibly accomplish most the basic objectives of the project and could avoid or substantially lessen one or more of the significant effects. An EIR should briefly describe the rationale for selecting the alternatives to be discussed. The EIR should also identify any alternatives that were considered by the lead agency, but were rejected as infeasible during the scoping process and briefly explain the reasons underlying the lead agency's determination. Additional information explaining the choice of alternative may be included in the administrative record. Among the factors that may be used to eliminate alternatives from detailed consideration in an EIR are (i) failure to meet most of the basic project objectives, (ii) infeasibility, or (iii) inability to avoid significant environmental impacts. Alternatives considered but rejected include the Alternate Location Alternative and the No Project/Plan and Zone Consistent Alternative. The Alternate Location Alternative would -14- develop the project in an alternate location in proximity to the existing Sheraton and MarBrisa Resorts and nearby tourist attractions including LEGOLAND Resort. The No Project/Plan and Zone Consistent Alternative would develop an industrial/office building on the project site, consistent with the existing Plan and Zone, and would not require a General Plan Amendment, Specific Plan Amendment, or Rezone. The Alternate Location Alternative was dismissed because no other site(s) under the City's ownership in the vicinity of the existing Sheraton and MarBrisa Resorts were identified that could provide a development that would meet the majority of the project objectives. Even if property could be acquired by the City that would be in a suitable location, the need to purchase additional property would negate the project objective of developing the existing City-owned property to provide revenue for the City. The No Project/Plan and Zone Consistent Alternative was dismissed because it would not meet the main project objectives of providing tourist opportunities through development of a hotel. E. Findings Regarding Alternatives Considered in EIR The Final EIR examined three alternatives: No Project/No Development Alternative, No Project/Alternative Consistent with Carlsbad Municipal Golf Course EIR, and Reduced Development Alternative. These project alternatives are summarized below, along with the findings relevant to each alternative. Social Infeasibility/Other Considerations Under CEQA, "[i]t is the policy of the state that public agencies should not approve projects as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of such projects . . . The Legislature further finds and declares that in the event specific economic, social, or other conditions make infeasible such project alternatives or such mitigation measures, individual projects may be approved in spite of one or more significant effects thereof." (Public Resources Code §21002; emphasis added.) Moreover, CEQA defines "feasible" as "capable of being accomplished in a successful manner within a reasonable period of time, taking into account, economic, social, legal, and technological factors." (CEQA Guidelines § 15364; emphasis added.) Finding for All Alternatives The City, having reviewed and considered the information contained in the Final EIR and the Record of Proceedings, and pursuant to Public Resource Code §21081(a)(3) and CEQA Guidelines §15091(a)(3), hereby finds that specific economic, legal, social, technological, or other considerations, including considerations of the provision of employment opportunities for highly trained workers, make infeasible the project alternatives identified in the Final EIR as described below. More, specifically, based upon the administrative record for the -15- project, the City makes the following findings concerning the alternatives to the proposed project: No Project/ No Development Alternative Summary Description of Alternative The No Project /No Development Alternative addresses the situation that would occur if the proposed project did not go forward and the project site remained in its existing condition. Rationale for Selecting this Alternative for Analysis This alternative was selected for analysis, because it allows decision makers to compare the impacts of approving the project with the impacts of not approving the project and is required to be analyzed and considered pursuant to CEQA Guidelines Section 15126.6(e)(3)(B). Potentially Significant Effects and Grounds for Infeasibility Under this alternative, the project site would remain in its current undeveloped condition. Continued use of the project site in its existing condition would result in no significant impacts. However, this alternative would not meet the basic project objectives or provide any fiscal benefit to the City through development of the City-owned property. Therefore, the grounds for infeasibility are that it does not meet basic project objectives and it conflicts with the City's goals for developing the site to provide a fiscal benefit to the City. Facts in Support of Finding While adoption of the No Project/No Development/) Alternative would avoid the proposed project's significant impacts, the majority of the project objectives would not be attained. Specifically, it would not generate long-term revenue for the City or provide a hotel to support tourism. Since this alternative would not meet most of the project objectives, it is considered infeasible. Reference: Final EIR Section 9.2 No Project/Alternative Consistent With Carlsbad Municipal Golf Course EIR Summary Description of Alternative The No Project/Alternative Consistent with Carlsbad Municipal Golf Course EIR would develop the site with a 21,000-square-foot conference center on the 2.24-acre City-owned property. The Carlsbad Municipal Water District water tank would remain as is and not be removed. This alternative would reduce the overall footprint of the development. Thus, this alternative would incrementally reduce impacts compared to the project, but would not -16- avoid the biological, cultural, and paleontological resources and land use impacts of the project. Rationale for Selecting this Alternative for Analysis This alternative was selected for analysis because it represents a development scenario consistent with what was analyzed in the environmental document prepared for development of the Carlsbad Municipal Golf Course. As the No Project/No Development Alternative already analyzed a no development scenario, this alternative allows decision makers to compare the impacts of approving a project that was originally envisioned as part of the Carlsbad Municipal Golf Course project. Potentially Significant Effects and Ground for Infeasibility Due to its reduced footprint, this alternative would result in a reduction in the significance of impacts to the known archaeological site. All other potentially significant impacts of the project would be the same for this alternative including biological resources, paleontological resources, and land use. There would be potentially significant impacts to unknown and buried human remains that would require mitigation; however, this alternative could likely reduce or avoid potentially significant impacts to CA-SDI-8797 Locus C. However, this alterative would not meet the basic objective of providing a hotel to serve the tourist population. Facts in Support of Finding The No Project/Alternative Consistent with Carlsbad Municipal Golf Course EIR would not meet the project objectives because it would not provide a hotel to serve the tourist population. Additionally, while a conference center at the site would generate some revenue, there would be no transient occupancy tax revenue generated. Accordingly, as the this alternative would not fully meet most of the project objectives, it is considered infeasible. Reference: Final EIR Section 9.3 Reduced Development Alternative Summary Description of Alternative The Reduced Development Alternative would construct the proposed timeshare structures and would reduce the footprint of the hotel by one-half by reducing the number of units. By reducing the footprint of the hotel, it is anticipated that the alternative could significantly avoid impacts to the archaeological site. Grading for the alternative would be similar to the project because a majority of grading is proposed to allow access to the site from The Crossings Drive into the subterranean parking garage for the timeshare. -17- Rationale for Selecting this Alternative for Analysis This alternative was selected for analysis to provide an alternative that would meet most of the basic project objectives while reducing the potentially significant impacts to archaeological resources. This alternative would provide the decision makers an opportunity to consider a reduced project that could potentially avoid and preserve in place the majority of the archaeological site. Potentially Significant Effects and Ground for Infeasibility Due to its substantially reduced footprint of the hotel, this alternative would result in a reduction in the severity of impacts to cultural resources as compared to the project. Specifically, the majority of the archaeological site could be preserved in place and not disturbed. All other potentially significant impacts of the project would be the same for this alternative, including: biological resources, paleontological resources, and land use. This alternative would still generate revenue for the City, including transient occupancy tax, although revenues would be reduced due to the reduced size of the hotel. This alternative would also support tourism and would potentially benefit The Crossings Golf Course by generating additional green fees; however, it could potentially not provide a top tier hotel to address an underserved market. Reduction of the number of hotel room by 50% would violate the franchise agreement with the brand, that is also associated with the adjacent existing hotel, and would eliminate the possibility of integrating the project with the adjacent existing hotel and hotel facilities. Therefore, the grounds for infeasibility of this alternative are that it does not fully meet the main project objectives. Facts in Support of Finding The Reduced Development Alternative would only partially meet Objective 1 because it would generate revenue for the City, but the development would not maximize the use of the City-owned property and would generate reduced revenue compared to the project. The alternative would support increased tourism and additional leisure opportunities to visitors of the City and would meet Objective 2, although to a lesser extent than the project. The alternative would not meet Objectives 3 or 4 because it would not develop a hotel. The alternative could meet Objectives 5 and 6 because the alternative could be designed to integrate with adjacent resorts in an architecturally compatible fashion. In summary, this alternative was proper to study because it met .some of the project objectives; however, it would only fully meet two objectives (5 and 6) and partially meet two objectives that are most important to the City, while not meeting two key project objectives related to developing a hotel. Accordingly, as this alternative would not fully meet most of the project objectives, it is considered infeasible. Reference: Final EIR Section 9.4 4 -18- VII. STATEMENT OF OVERRIDING CONSIDERATIONS Pursuant to CEQA Guidelines Section 15093, CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits, including region-wide or statewide environmental benefits, of a proposed project against its unavoidable environmental risks when determining whether to approve the project. All significant impacts of the project would be mitigated to below a level of significance; therefore a statement of overriding considerations pursuant to CEQA Guidelines Section 15093 is not required. VIII. CONCLUSION For the foregoing reasons, the City concludes that all of the significant impacts of the proposed project would be mitigated to below a level of significance. Changes to the project have been incorporated to avoid and substantially lessen potential impacts to cultural resources. . Therefore, the City has adopted these Findings. -19- £kh th Westin Hotel and Timeshare Project Carlsbad, California SCH #2015041042 Mitigation Monitoring and Reporting Program The California Environmental Quality Act (CEQA), Section 21081.6, requires that a mitigation monitoring and reporting program (MMRP) be adopted upon certification of an environmental impact report (EIR) to ensure that the mitigation measures are implemented. The MMRP specifies what the mitigation is, the entity responsible for monitoring the program, and when in the process it should be accomplished. The proposed Westin Hotel and Timeshare project includes a General Plan Amendment, Zone Change and Local Coastal Program Amendment to change the property land use category to Visitor Commercial (VC) and the zoning to Commercial Tourist with a Qualified Overlay (C-T-Q). Development of the project would include removal of an existing municipal 1,500,000-gallon water tank, grading, and the subsequent development of a four-story, 81,200-square-foot 71-room hotel building, and a four-story, 62,680-square- foot 36-unit timeshare building with an underground garage. The hotel structure would be constructed using an alternative foundation system knOwn as Cast-In-Drilled Hole (CIDH) Pile foundation in order to minimize potential impacts to cultural resources. The project site is located on two parcels totaling 3.14 acres in addition to 0.55 acre of adjacent off-site areas. The Final EIR focuses on issues determined to be potentially significant by the City including aesthetics; air quality; biological resources; cultural and paleontological resources; greenhouse gas emissions; hazardous materials, airport safety, and wildfire; hydrology and water quality; land use; noise; public services; transportation and circulation; and utilities and service systems. Agricultural resources, geology and soils, mineral resources, and population and housing were addressed in lesser detail in Chapter 8, Effects Found Not to be Significant. After analysis, potentially significant impacts requiring mitigation were identified for land use (Multiple Habitat Conservation Plan/Habitat Management Plan consistency), biological resources, cultural resources, and paleontological resources. The environmental analysis concluded that the potentially significant impacts associated with land use (Multiple Habitat Conservation Plan/Habitat Management Plan consistency), biological resources, cultural resources, and paleontological resources could be avoided or reduced through implementation of recommended mitigation measures. The following table summarized the potentially significant project impacts and lists the associated mitigation measures and monitoring efforts necessary to ensure measures are properly implemented. All mitigation measures identified in the Final EIR are recommended as conditions of project approval and are stated herein in language appropriate for such conditions. Page 1 If DOCS 121163-000006/2419403.4 Potential Significant Impact Mitigation Monitoring and Reporting Program Mitigation Measure Timeframe of Mitigation Monitoring, Enforcement, and Reporting Responsibility BIOLOGICAL RESOURCES Wildlife Species. Project grading and construction would result in potentially significant direct impacts to wildlife species including raptors and migratory or nesting birds located within the project footprint. Coastal California gnatcatcher, raptors and migratory and nesting birds were determined to have the potential to occur in the project area due to the existence of suitable habitat. Indirect impacts from construction noise to coastal California gnatcatcher in the adjacent HMP hardline preserve and potentially nesting raptors on the project site would be significant. B10-1: Pre-construction Surveys. Prior to the issuance of a Notice to Proceed for a subdivision, or any construction permits, such as demolition, grading, or building, or beginning any construction-related activity, the City shall verify that the following project requirements regarding nesting and migratory birds, including raptors, are shown on the construction plans: To avoid any direct impacts to nesting or migratory birds, including raptors, removal of habitat that has potential to support active nests should occur outside of the breeding season for these species (February 15 to September 15). If removal of habitat must occur during the breeding season, a qualified biologist shall conduct a pre-construction survey to determine the presence or absence of nesting birds within the proposed area within three calendar days prior to the start of construction activities, including the removal of vegetation. If nests of migratory birds or raptors are located, they shall be fenced with a protective buffer of at least 500 feet from active nests of listed species, and 300 feet from other sensitive bird species. All construction activity shall be prohibited within the protective buffer, B10-2: Coastal California Gnatcatcher Surveys. Prior to the issuance of a Notice to Proceed for a subdivision, or any construction permits, such as demolition, grading, or building, or beginning any construction-related activity, the City shall verify that the following project requirements regarding coastal California gnatcatcher are shown on the construction plans: No clearing, grubbing, grading, or other construction activities shall occur between March 15 and August 15, the breeding season of coastal California gnatcatcher, unless the following requirements have been met: A biologist possessing a valid Endangered Species Act Section 10(a )(1)(A) Recovery Permit shall conduct coastal California gnatcatcher surveys within 500 feet of potential breeding habitat in the HMP Preserve that would be subject to construction noise levels exceeding 60 decibels [dB(A)] hourly average. Surveys shall be conducted in accordance with the protocol survey guidelines established by the USFWS (1997). A total of three surveys shall be conducted no less than one week apart, with the last of these surveys occurring no more than three days prior to construction. If coastal California gnatcatchers are present, then the following conditions must be met: a. An analysis showing that noise generated by construction activities would not exceed 60 dB(A) hourly average within 500 feet of occupied habitat shall be completed by a qualified acoustician and approved by the City Manager or designated appointee. Prior to the commencement of construction activities between March 15 and August 15, areas restricted from such activities shall be fenced with a protective buffer under the supervision of a qualified biologist; or b. Between March 15 and August 15, no construction activities shall occur within any portion of the site where construction activities would result in noise levels exceeding 60 dB(A) hourly average within 500 feet of occupied coastal California gnatcatcher habitat. Construction noise shall be monitored to maintain a threshold at or below 60 dB(A) hourly average sound level within 500 feet of occupied coastal California gnatcatcher breeding habitat. If noise levels supersede the threshold, the construction array shall be changed or noise attenuation measures shall be implemented to ensure that noise levels do not exceed the threshold. ermi g Prior to any construction permits, including but not limited to, the first Grading Permit, Demolition Plans/ and Buildin Pts Plans/ Permits, but prior to the first pre- construction meeting. City of Carlsbad Page 2 DOCS 121163-000006/2419403.4 Potential Significant Impact Mitigation Monitoring and Reporting Program Mitigation Measure Timefra me of Mitigation Monitoring, Enforcement, and Reporting Responsibility CULTURAL AND PALEONTOLOGICAL RESOURCES Cultural Resources. The project site contains a significant CR-1: Cultural Resources Monitoring Program. Due to the high potential for subsurface cultural resources to be encountered at the project site and at Prior to any City of Carlsbad archaeological site, pursuant to CEQA Guidelines Section 15064.4, known as CA-SDI-8797 Locus C, and a sensitive off-site project locations, a Qualified Archaeologist and a Luiserio Native American Monitor shall be present during all ground disturbing activities. The following measures shall be implemented: construction permits, including but not Tribal Cultural Resources area. The project would require A Monitoring limited to, the first grading and/or excavation that could result in a substantial adverse impact and/or change to a portion of 1. The applicant/landowner shall enter into a pre-excavation agreement with a representative of the San Luis Rey Band of Mission Indians of Grading Permit, Demolition Plans/ CA-SDI-8797 Locus C and the sensitive Tribal Cultural Mission Indians, otherwise known as a Tribal Cultural Resources Treatment and Tribal Monitoring Agreement. A copy of the agreement shall Permits and Building Resources area. Due to the presence of these known be included in the grading plan submittals for the Grading Permit. The purpose of this agreement shall be to formalize protocols and Plans/ Permits, but resources on the project site, there is a potential that procedures between the applicant/landowner and the San Luis Rey Band of Mission Indians for the protection and treatment of, including but prior to the first pre- other undiscovered resources could be encountered and disturbed during site grading. This could be a significant impact. not limited to, Native American human remains, funerary objects, cultural and religious landscapes, ceremonial items, traditional gathering areas and cultural items, located and/or discovered through a monitoring program in conjunction with the construction of the proposed project, including additional archaeological surveys and/or studies, excavations, geotechnical investigations, grading, and all other ground disturbing activities. construction meeting. 2. Prior to the issuance of any construction permits, including but not limited to, the first Grading Permit or Demolition Plans/Permits, the applicant shall provide a written and signed letter to the City Planner stating that a Qualified Archaeologist and Luisefio Native American Monitor have been retained to implement the monitoring program and as described in the pre-excavation agreement. 3. Prior to the start of any ground disturbing activities, a written "Controlled Grade" procedure to be approved by the City, shall be prepared in consultation with the Luiserio Native American Monitor , Qualified Archaeologist, applicant, and San Luis Rey Band of Mission Indians as applicable, for any ground disturbing work with machinery occurring in and around CA-SDI-8797 Locus C, and potential other areas in the general proximity of known cultural deposit locations. The Controlled Grade would have the earth disturbing equipment operate at a deliberate pace, in a specialized manner and work in controlled increments. In addition, the equipment would need to meet specific requirements regarding weight, attachments and type of wheels. 4. The Qualified Archaeologist shall maintain ongoing collaborative consultation with the Luisefio Native American Monitor during all ground disturbing activities. The requirement for the monitoring program shall be noted on all applicable construction documents, including demolition plans, grading plans, etc. The applicant shall notify the City of Carlsbad in writing of the start and end of all ground disturbing activities. The Qualified Archaeologist and Luisa() Native American Monitor shall be present on-site full-time during ground disturbing activities, including but not limited to, grubbing, excavation, grading and/or other ground altering activities, including the placement of imported fill materials or fill used from other areas of the project site, to identify any evidence of potential archaeological or tribal cultural resources. The presence of the Qualified Archaeologist and the Luiseno Native American monitor are a mandatory requirement for all grading activity. S. Prior to the initiation of grading, the contractor shall organize a pre-construction meeting of all personnel scheduled to work on the grading and construction phases of the project . The Qualified Archaeologist and Luiserio Native American Monitor shall present the monitoring program to the general Contractor and associated sub-contractors in attendance. A written summary of the monitoring program shall be distributed to all personnel hired and scheduled to work on the grading and construction phases of the project.. 6. The Qualified Archaeologist or the Luisefio Native American Monitor may halt ground disturbing activities if archaeological artifact deposits and/or Tribal Cultural Resources are discovered. Ground disturbing activities shall be directed away from these deposits to allow a determination of potential importance. Isolates and clearly non-significant deposits will be minimally documented in the field. Before grading proceeds Tribal Cultural Resources shall be given to the San Luis Rey Band of Mission Indians so that they may be repatriated at the site on a later date. If a determination is made that the unearthed artifact deposits or Tribal Cultural Resources are considered potentially significant, the San Luis Rey Band of Mission Indians shall be notified and consulted with in regards to the respectful and dignified treatment of those resources. The avoidance and protection of the significant Tribal Cultural Resource and/or unique archaeological resource is the preferable Page 3 DOCS 121163-000006/2419403.4 Potential Significant Impact Mitigation Monitoring and Reporting Program Mitigation Measure Timefra me of Mitigation Monitoring, Enforcement, and Reporting Responsibility mitigation , however, the resource may be more appropriately treated according to an approved Cultural Resource Recovery Plan. For significant artifact deposits or Tribal Cultural Resources that are to be treated pursuant to a recovery plan, an adequate artifact sample to address research avenues previously identified for sites in the area will be collected using professional archaeological collection methods. If the Qualified Archaeologist collects such resources, the Luisa° Native American Monitor must be present during any testing of those resources. Moreover, if the Qualified Archaeologist does not collect the cultural resources that are unearthed during the ground disturbing activities, the Luisefio Native American Monitor, may at their discretion, collect said resources and provide them to the San Luis Rey Band of Mission Indians for respectful and dignified treatment in accordance with the Tribe's cultural and spiritual traditions. 7. Any and all uncovered Tribal Cultural Resources of Native American importance shall be returned to the San Luis Rey Band of Mission Indians of Mission Indians, and/or the Most Likely Descendant, if applicable, for respectful and dignified treatment and not be curated. 8. All fill materials shall be absent of any and all Tribal Cultural Resources. 9. No testing, invasive or non-invasive, shall be permitted on unearthed Tribal Cultural Resources without the written permission of the San Luis Rey Band of Mission Indians. 10. Prior to the release of the grading bond, a monitoring report and/or evaluation report, if appropriate, which describes the results, analysis and conclusions of the monitoring program (e.g., Cultural Resource Recovery Plan) shall be submitted by the Qualified Archaeologist, along with the LuiseFlo Native American Monitor's notes and comments, to the City of Carlsbad for approval. Said report shall be subject to confidentiality as an exception to the Public Records Act and will not be available for public distribution. The project site contains a significant archaeological site, pursuant to CEQA Guidelines Section 15064.4, known as CA-SDI-8797 Locus C, and occurs in a sensitive Tribal Cultural Resource area. The project would require grading and/or excavation that could result in a substantial adverse impact and/or change to a signficiant portion of CA-SDI-8797 Locus C and the sensitive Tribal Cultural Resource area. Impacts to CA-SDI-8797 Locus C and the sensitive Tribal Cultural Resource area will be significant. CR-2. Cultural Resource Data Recovery Plan. In order to mitigate for potential impacts to significant cultural resources associated with CA-SDI-8797 Locus C, a CEQA signficiant archaeological site and a sensitive Tribal Cultural Resource area, a Cultural Resource Data Recovery Plan (DRP) shall be developed in consultation with a Qualified Archaeologist and the San Luis Rey Band of Mission Indians (SLR) to be approved by the City of Carlsbad. The DRP shall include research design, excavation, analysis, a report of findings, and the repatration of all cultural resources to the San Luis Rey Band of Mission Indians for respectful and dignified treatment. The DRP shall be approved by the City prior to issuance of any construction permit, including but not limited to, the first Grading Permit, Demolition Plans/Permits and Building Plans/Permit, and prior to the first pre-construction meeting. Prior to any construction permits, including but not limited to, the first Grading Permit, Demolition Plans/Permits and Building Plans/ Permits, but prior to the first pre-construction meeting. City of Carlsbad Page 4 DOCS 121163-000006/2419403.4 Potential Significant Impact Mitigation Monitoring and Reporting Program Mitigation Measure Timefra me of Mitigation Monitoring, Enforcement, and Reporting Responsibility Human Remains and Archaeological Resources. The project site contains the archaeological site CA-SDI-8797 Locus C and known human burial(s) that were discovered during grading for the Carlsbad Municipal Golf Course and the Lot 9 pad and left in place at the time of discovery. These known resources will be preserved in place and will not be disturbed. Grading and development of the proposed project could disturb undiscovered resources, resulting in a potentially significant impact. CR-3: Repatriation and Report of Findings a. A repatration area(s) shall be identified in an area deemed appropriate by the San Luis Rey Band of Mission Indians and agreed upon by the City and the applicant to be used in the event that significant Tribal Cultural Resources are discovered. Repatriation areas shall either be located on the project site and/or within close proximity to the project site. A repatriation area shall have a Cultural Conservation Easement and/or similar restrictive easement executed and recorded on the property to protect the cultural resources in perpetuity. The applicant shall be responsible for all costs and/or expenses related and/or associated with the repatriation rrea. b. Human Remains. As specified by California Health and Safety Code Section 7050.5, if human remains are found on the project site during construction or during archaeological work, the person responsible for the excavation, or his or her authorized representative, shall immediately notify the San Diego County Coroner's office by telephone. No further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains shall occur until the Coroner has made the necessary findings as to origin and disposition pursuant to Public Resources Code 5097.98. If such a discovery occurs, a temporary construction exclusion zone shall be established surrounding the area of the discovery so that the area would be protected, and consultation and treatment could occur as prescribed by law. By law, the Coroner will determine within two working days of being notified if the remains are subject to his or her authority. If the Coroner recognizes the remains to be Native American, he or she shall contact the Native American Heritage Commission (NAHC) within 24 hours. The NAHC will make a determination as to the Most Likely Descendent (MLD). If Native American remains are discovered, the remains shall be kept in-situ, and the analysis of the remains shall only occur on-site in the presence of a Luiseflo Native American Monitor. c. In order to permanently protect portions of 501-8797 Locus C, and other areas that are deemed to be significant Tribal Cultural Resource areas by the landowner and the San Luis Rey Band of Mission Indians, that will not be directly impacted by the construction of the project, the City of Carlsbad and the applicant shall place a Cultural Conservation Easement over said locations and/or areas and have such easement recorded on the property. This easement will restrict any future disturbance of the cultural deposit area. The Qualified Archeologist and Luiseno Native American Monitor shall have the authority inherit in and responsibility to ensure that construction activities are not expanded beyond the limits presented in "Mitigation Monitoring and Reporting Program" for the Westin Hotel and Timeshare project. The delineation of the boundaries of the Cultural Conservation Easement shall be completed by the consulting Qualified Archaeologist and San Luis Rey Band of Mission Indians Tribal representative and submitted to the City of Carlsbad. The applicant shall be responsible for all costs and expenses incurred in association with this mitigation measure. Prior to granting of occupancy permits or before final inspection. City of Carlsbad Page 5 DOCS 121163-000006/2419403.4 Potential Significant Impact Mitigation Monitoring and Reporting Program Mitigation Measure Timefra me of Mitigation Monitoring, Enforcement, and Reporting Responsibility Paleontological Resources. Project implementation has the potential to result in significant impacts to paleontological resources due to grading within formations with a high and moderate resource sensitivity. Impacts would be significant. PAL-1: Paleontological Monitoring 1 . M onitoring N an Prior to any grading on any portion of the project site, a qualified paleontologist shall be retained by the City to prepare a Monitoring Plan. A qualified paleontologist is an individual with an MS or PhD in paleontology or geology who is familiar with paleontological procedures and techniques. No Grading Permits shall be issued until the monitoring plan has been approved by the Planning Director. 2. Pre-Grading Conference and Paleontological Monitor a. A qualified paleontological monitor shall be present at a pre-grading conference with the developer, grading contractor, and the environmental review coordinator. The purpose of this meeting will be to consult and coordinate the role of the paleontologist in the grading of the site. A qualified paleontologist is an individual with adequate knowledge and experience with fossilized remains likely to be present to identify them in the field and is adequately experienced to remove the resources for further study. b. A paleontologist or designate shall be present during those relative phases of grading as determined at the pre-grading conference. The monitor shall have the authority to temporarily direct, divert, or halt grading to allow recovery of fossil remains. At the discretion of the monitor, recovery may include washing and picking of soil samples for micro-vertebrate bone and teeth. The developer shall authorize the deposit of any resources found on the project site in an institution staffed by qualified paleontologists as may be determined by the Planning Director. The contractor shall be aware of the random nature of fossil occurrences and the possibility of a discovery of such scientific and/or educational importance which might warrant a long-term salvage operation or preservation. Any conflicts regarding the role of the paleontologist and/or recovery times shall be resolved by the Planning Director. 3. Fossil Recovery and Curation a. If fossils are discovered, the paleontologist (or paleontological monitor) shall recover them. In most cases, this fossil salvage can be completed in a short period of time. However, some fossil specimens (such as complete large mammal skeleton) may require an extended salvage period. In these instances the paleontologist (or paleontological monitor) shall be allowed to temporarily direct, divert, or halt grading to allow recovery of fossil remains in a timely manner. Because of the potential for the recovery of small fossil remains, such as isolated mammal teeth, it may be necessary in certain instances, to set up a screen-washing operation on the site. b. Fossil remains collected during the monitoring and salvage portion of the mitigation program shall be cleaned repaired, sorted, and cataloged. c. Prepared fossils, along with copies of all pertinent field notes, photos, and maps, shall either be deposited (as a donation) in a scientific institution with permanent paleontological collections such as the San Diego Natural History Museum or retained by the City and displayed to the public at an appropriate location such as a library or City Hall. 4. Monitoring Report Prior to occupancy of any buildings, a paleontological monitoring report shall be submitted to the Planning Director and the Carlsbad Historic Preservation Commission. This report shall describe all the materials recovered and provide a tabulation of the number of hours spent by paleontological monitors on the site. Prior to any construction permits, including but not limited to, the first Grading Permit, Demolition Plans/ Permits and Building Plans/Permits, but prior o the first pre- construction meeting. City of Carlsbad LAND USE MHCIII-IMP Consistency. Impacts to the MHCP/HMP would be potentially significant due to noise generated during construction that could impact the coastal California gnatcatcher in the adjacent preserve area. See mitigation measure B10-2: Coastal California Gnatcatcher Surveys. See mitigation measure B10-2 See mitigation measure B10-2 Page 6 DOCS 121163-000006/2419403.4 Letters of Comment and Responses Westin Hotel and Timeshare Project Final EIR Letters of Comment and Responses The following letters of comment were received from agencies, organizations, and individuals during the Public Review period (July 29 through September 11, 2015) of the Draft EIR. A copy of each comment letter along with corresponding staff responses is included here. Some of the comments did not address the adequacy of the environmental document; however, staff has attempted to provide appropriate responses to all comments as a courtesy to the commenter. Some of the comments received resulted in changes to the Draft EIR text. These text changes are indicated by strikeout (deleted) and underline (inserted) markings in the Final EIR text and are summarized in the Errata. Revisions to the Draft EIR are intended to correct minor discrepancies and provide additional clarification. The revisions do not affect the conclusions of the document. Letter Author Page Number A Governor's Office of Planning and Research RTC-2 B Native American Heritage Commission RTC-4 C San Diego County Archaeological Society, Inc. RTC-8 Westin Hotel and Timeshare EIR RTC-1 Letter A A-1 Comment noted. STATE OF CALIFORNIA GOVERNOR'S OFFICE of PLANNING AND RESEARCH 4 STATE CLEARINGHOUSE AND PLANNING UNIT o t dLES City of Carlsbad ini'm EDMUND G. BROWN .11t-GOVERNOR September 4,2015 Christer Westman Planning Division City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, CA 92008 Subject: Westin Hotel and Timeshare SCHti: 2015041042 Dear Christer Westman: The State Clearinghouse submitted the above named Draft MR to•selected slate agencies for review.. The review period closed on September 3; 2015, and no state agencies submitted coninientsby that date.. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft. environmental documents, pursuant to the California Environmental Quality Act. Please call the State Clearinghouse at (916)445-0613 if you have any questions regar.ding the environmental review process. If you have °question about the above-named project, please refer to the ten-digit State Clearinghouse number when contacting this office. Sincerely, -' Scon Morgan Director, State Clearinghouse 1400 10th Street p.o.Box 3.044 Sacrameon, California 95812-.3044 (916)445-0613 FAX (916) 323-3018 www:npr.ca.gov A-1 LETTER RESPONSE Westin Hotel and Timeshare EIR Page RTC-2 LETTER RESPONSE Document Details Report State Clearinghouse Data Base SChfiff 2015041042 Project Title Weitin Hotel.andTimishare Lead Agency Carlsbad, City of . Type Siti 'Draft Description Development eta previously graded 3.66 acre industrial pad with a 71-roomhotel and a 30-unit timeshare with underground parking, a swimming poolsecreation area, and 470513hre landscaped gardens. Lead Agency Contact Name Christer VVesiman Agency City of Carlsbad Phone 7606(12 4614 email Address Planning Department. 1635 Faraday Avenue City Carlsbad Fax State CA Zlp 92008 Project Location County San Diego City Carlsbad Region Lat/ Long 33' 7' 46' N / 117* 15' W Cross Streets The Crossings Drive and Grand Pacific Drive Parcel No. 211-023-07./212-271-02 Township Range Section Base Proximity to: Highways I-5 Airports McClellan Palomar Railways Nall Waterways Pacific Ocean. Schools Land Use Vacant.pad and empty 1,6m gallon water tank / Planned Industrial -.Exclfisfve Agricutlyre / Planned Industrial -:unplanned Area Project Issues AestheticNisual; Agricultural Land; Air Quality:Archaeologic-Historic; Biological Resources; Coastal Zone; Drainage/Absorption; Flood Plain/Flooding; Forest Land/Fire Hazard: Geologic/Seismic; Where's; Noise: Population/Housing Balance; Public Services; Recreation/Parks; Sewer Capacity; Soil Eiosion/Compaction/Grading; Solid Waste; Toxic/Hazardous; Traffic/Circulation; Vegetation; Water Casey; Water Supply; Wetland/Riparian; Growth Inducing; Landuse; Cumulative Effects; Other issues Reviewing Resciurces Agency; California Coastal Commission; Department of Fish and Wildlife, Region 5; Cal Agencies • Fire: Department of Parka and Recreation; Department of Water Resources; Calfrans, Divisional Aeronautics; Caltrans, District It; Air Resources Board; Regional Wales Quality.Control.Board, Region 9: Department of Toxic Substances..Controi; NativeArnerican Heritage Cemrnission;:Ptibric,Utilides Commission; State Lands Commission Data Received 07/21/2015 Start of Review 07121/2015 End of Review 09/03/2015 Note: Blanks in data fields result from insufficient Information provided by lead agency. Westin Hotel and Timeshare EIR Page RTC-3 Letter B PIATE_PESAITSIFKIR NATIVE AMERICAN HERITAGE COMMISSION. 1550 Herber Wye., Suite 100 West Sacramento, CA 95691 (916) 373-5710 Fete (916) 3734471 Sortie L. Robinson, General Counsel (916) 3794716 Terrio.Robinsonenaho.co.gov Planning Division SP 0 8 21115 September 4, 2015 VIA EMAIL AND U.S. MAIL Christer Westman, Senior Planner Carlsbad Planning Division City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Re: Conunents of the Native American Heritage Commission, Westin Hotel. and' Timeshare DEIR EIR 15-02/GPA 14-03/ZC 14LCPA I4-03/SP 207(Q/CT 1448/PUD 15-0I/CUP 15-03/SDP 14,11/CDP 14-29/HOP 14-06 On behalf of the Native American Heritage Commission (NAHC), I wish to comment on the Draft Environmental Impact Report (DEIR) for the Westin Hotel and Timeshare with respect to the known Native American burial site on this project and Native American cultural resources in general. Thetnitigation measures proposed regarding the known Native American burial are not in compliance with CEQA Guidelines section 15064.5, subdivisions (d) and (e) and will result in the disinterment of previously reinterred Native American remains, the reinterment.of which was intended as a mitigation measure-for the construction of the Carlsbad Municipal Golf Course. As a trustee agency for Native American cultural resources under CEQA,I the NAHC would welcome the opportunity to work with the City of Carlsbad and the applicant to protect- the burial site and all Native American cultural resources affected by this project. As a matter. of principle, the NAHC opposes the disinterment of previously reinterred Native American remains without the consent of the Most Likely Descendant (MLD), especially when the remains were previously disturbed and then reinterred as a mitigation measure. The NAHC also proposes avoidance and preservation in place as the first and second options to be considered before mitigation and would ask that the applicant and the City of Carlsbad consider theae options fully and thoughtfully. Consultation between the City, applicant, and representatives of the San Luis Rey Band of Mission Indians occurred on several occasions both prior to and after public review of the Draft Environmental Impact Report (EIR). Consultations occurred between March, 2015 and December, 2015. At an October consultation, the project applicant presented a commitment to avoid significant impacts to known human remains and proposed an alternative foundation design to a typical shallow foundation system, a deep foundation system known as Cast-In-Drilled Hole (CIDH) Pile foundation, which would significantly reduce the amount of disturbance to the capped portion of CA-SDI-8797 Locus C. The pile foundation system would support the structure so that it "floats" above the ground surface and transfers the weight of the structure deep into the earth by means of the concrete piles, or caissons. Thus, the project has been redesigned to avoid and preserve in place all known human remains as well as reduce to the greatest extent feasible, disturbance to the capped portion of CA-SDI-8797 Locus C. B-1 B-1 B-2 As described in response B-1 above, the project has been redesigned so that it would avoid and preserve in place all known human remains. Thus, mitigation measure ARC-3, Recovery of Known Human Burial is no longer required. The City conferred with representatives from the San Luis Rey Band of Mission Indians (SLR), as the Most Likely Descendant (MLD) regarding the proposed project redesign and avoidance of known human remains. The proposed mitigation plan to address potentially significant impacts to unknown human remains was also refined with input from tribal representatives. B-2 The NAHC's comments are as follows: 1. Mitigation Measure ARC-3: Recovery of Known Burial Mitigation Measure ARC-3: Recovery of Known Burial states as a potential significant impact the fitct that the project site contains a known human burial that was discovered and See Environmental Protection Information center (EPIC) v. Johnson (1985) 170 Cal.App.3d 604; see generally Koska and Zisehke, Practice under the Califbrnia Environmental QucrIiiy Act (2015) (CEB) § 20.101 ("If a project is located on a site containing an archaeological site, the Native American Heritage Cotnmission is a trustee agency that must be consulted by the lead agency in connection with the preparation of an EIR or negative declaration.") LETTER RESPONSE Westin Hotel and Timeshare EIR Page RTC-4 reinterred during grading for the Carlsbad Municipal Golf Course, and that project grading and development is anticipated to require disturbance and relocation of these known remains in coordination with the Most Likely Descendant. It also states as a potential significant impact the fact that there is a potential for unknown human remains to be uncovered during project grading and these impacts would be potentially. significant The mitigation measure states that excavations would be conducted, and the goal of the excavations would be to locate, pedestal and remove the burial on a block of soil and relocate the burial to an off-sitelocation approved by the MLD. Nowhere in this mitigation measure is it stated that the MLD for this known burial, the San Luis Rey Band of Mission Indians (SLR); has agreed to the disinterment and reburial of this known burial, because SLR has not consented to the disinterment. Under CEQA Guidelines section 15064.5 (d) and (c), and in the absence of avoidance, the failure to work with SLR to reach an agreement as to treatment and disposition of this known burial leaves the project applicant with one and only one option should the remains be disturbed: To reinter any remains on the property in an area where there will be no further subsurface disturbance, which was the goal of the previous reinterment. The ambiguity of the term "off-site" does not connote compliance with CEQA Guidelines section 15064.5, subdivisions (d) and (e) and raises the legal issue whether remains that were intended to be reinterred in an area without future subsurface disturbance can be disinterred without the MLD's consent. The NAHC doubts that SLR would have agreed to the prior reinterment if they had known they would have to disturb the resting place of their ancestors.yet again. CEQA Guidelines section 15964.5; subdivision (d) provides in relevant part: (d) When an initial study identifies the exittence of, or the probable likelihood, of Native American human remains within the project, the lead agency shall work with the appropriate Native Americans as identified by the Native American Heritage Commission as provided in Public Resources Code section 5097.98. The applicant may develop an agreement for treating or disposing of, with appropriate dignity, the human remains and any items associated with Native American burials with the appropriate Native Americans as identified by the Native American Heritage Commission.... CEQA Guidelines section '15064:5; subdivision. (e).preivides: (e) In the event of the accidental discovery • or recognition of any human remains in any location other than a dedicated cemetery;•thefolloVving steps should be taken: (I). There shall be no further excavation. or...disturbance of the•site• or any nearby • area' reasonably suspected to overlie•adjaCenthuman remainsuntik (A)The coroner of the county in which the remains are discovered:must be contacted to determine that no investigation ofthe.cause of death is:I-et:Mired; and (B) If the coroner determines the remains to be Native American: 2 B-2 cont. B-2 cont. Mitigation Measure ARC-2 has been revised to specifically refer to the San Luis Rey Band of Mission Indians as the appropriate Native American Monitor during construction. Additionally, a new Mitigation Measure ARC-3 is proposed that would require dedication of an open space easement over the cultural resources on- site and would prohibit any disturbance to the known human remains. In the event unknown buried human remains are encountered during grading for the project site, those human remains would be handled in accordance with all applicable guidance and regulations and would be reinterred on-site as requested during consultations with the MLD. LETTER RESPONSE Westin Hotel and Timeshare EIR Page RTC-5 I. The coroner shall contact the Native American Heritage Commission within 24 hours. 2. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descended front the deceased Native American. 3. The most likely descendant may make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing, with appropriate dignity, the human remains and any associated grave goods as provided in Public Resources Code section 5097.98, or (2) Where the following conditions occur, the landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further iubstirface disturbance. (A ). The Native American Heritage Commission is .unehle .10,identi fy a most likely descendant or the most likely descendant failed:lb Make. ri.reimmmendation within 24 hours of being notified by the commission. (1d) The descendant identified fails to make a recommendation,- or (C) The landowner or his authorized representative rejects the recommendation of the, descendant, and the mediation by . the Native ArneriCan. Heritage Commission fails to provide measures aeceptable.M. the: landowner. Nothing in CEQA Guidelines section 15064.5 contemplates the unilateral disintennent of a known Native American burial by an. applicant without the consent of the MIA/ Given the potential for finding more burials in the area of the known burial, in the absence of some agreement with SLR, the mitigation measure is insufficient to mitigate impacts- to the known' burial and what .could be a Native American cemetery. Additionally, given that the previous reintertnent of remains was supposed to mitigate previous impacts caused by the construction of the Carlsbad Municipal Golf -Course, the idea that any known Native American reinterments should be disinterred .whenever a new project is proposed for a site where a reinterment was'a mitigation measure is objectionable on both a legal and moral basis, especially given the dictate that a reinterrnent of Native American human remains is to be in a site where there should be no further subsurface disturbance. The NAHC recommends that theapplicent enter into a treaunent and disposition agreementwith SLR. B-2 cont. B-3 The project includes Mitigation Measure ARC-1, which details the data recovery plan for project impacts to CA-SDI-8797 Locus C. This mitigation measure was revised from the Draft EIR version after consultation with the San Luis Rey Band of Mission Indians. This measure reflects reduced impacts to CA-SDI-8797 Locus C as a result of the use of an alternative foundation system as detailed in Response B-1. At the request of the tribes, the project mitigation would require that any cultural materials encountered during data recovery be reburied on-site within the proposed open space easement to preserve cultural materials in place. This would include any grave goods that may be encountered. Implementation of Mitigation Measure ARC-2 for archaeological monitoring requires the use of a Native American Monitor who will be present to observe any cultural materials found and identify their cultural significance. B-3 2. Mitigation Measure ARC -1: Data Recovery Program Mitigation Measure ARC-1 contemplates data recovery as mitigation for artifacts found in the same area as the known burial. The determination as to what artifacts are associated grave goods should be made by the MLD, and them should be some means of resolving conflicts regarding what are or are not associated grave goods, as the tvILD has tribal knowledge and a significant role in determining the treatment and disposition of assOciated grave goods under CEQA Guidelines section 15064.5 (d) and (e). 3 LETTER RESPONSE Westin Hotel and Timeshare EIR Page RTC-6 B-4 The portion of Mitigation Measure ARC-2 that required controlled grading to find the known human burial(s) is no longer required and has been removed from the Final EIR because the project has been redesigned to avoid known human burials. The alternative foundation system would reduce impacts to and would minimize impacts to the cultural site. 100 percent hand excavation and data recovery would occur in the location of caisson excavations, and 15 percent or greater data recovery would be required in the location of the elevator pit and basement excavations as detailed in the project's Mitigation Monitoring and Reporting Program. Tribal monitors would be present to monitor all excavations on-site and would have the authority to halt operations if materials are identified as detailed in the updated Mitigation Measure ARC-2, which requires archaeological monitoring. B-5 This is a concluding paragraph. As discussed in response to comments B-1 through B-4 and detailed in the Final EIR Errata and Mitigation Monitoring and Reporting Program, the project has been redesigned to avoid impacts to known Native American burials. In addition, the City has worked closely with the San Luis Rey Band of Mission Indians to identify a compromise solution that would provide the minimum amount of disturbance to other on-site cultural resources. B-4 3. Mitigation Measure ARC-2: Archaeological Monitoring Program Mitigation Measure ARC-2 provides under section A.5; provides: In areas within the area of potential effect where significant deposits have been identified, controlled grading may be implemented to carefully peel away layers of soil, which would expose features of human remains with minimal damage. The consulting archaeologist, in conjunction with the Native American monitors, shall determine when and where the controlled grading is needed. The pace, depth, and location of the controlled grading protocol will be made in concert with tribal monitors, but it will ultimately be the responsibility of the consulting archaeologist. The NAHC would propose that the peep, depth and location of the controlled grading protocol be with the consent of tribal monitors, as their unique tribal knowledge regarding the site should be respected in protecting the Native American burials that could potentially be discovered. B-5 What makes this particularly disturbing is the fact that this burial was known to or should have been known to the City of Carlsbad before leasing the property in question. Native Americans should not be required to rebury their ancestors every time a new project comes along on a parcel with a known Native American burial. No other culture would be required to repeatedly rebury their ancestors. That's not.mitination; that's desecration. ceYo s very. tru c 4e,,) Terrie L. Robinson, General Counsel Native American Heritage Commission cc: Cynthia Gomez, Executive Secretary, NAHC Antonette 13. Corder°, Deputy Attorney General, Department of Justice 4 LETTER RESPONSE Westin Hotel and Timeshare EIR Page RTC-7 Letter C C-1 C-2 C-3 San Diego County Archaeological Society, Inc. CO, Environmental Review•Committee C4 of cprtsbaci 0 40 CI 0;0' 2 September 2015 o Planning Divisfm To: Mr. Christer Westman Planning Division City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 Subject: Draft Environmental Impact Report Westin Hotel and Timeshare EIR 15-02. CPA 14-03, ZC 14-02, LCPA 14-03, SP 207(K), CT 14-08, PUD 15-01, CUP 15-03, SDP 14-11, CDP 14-29, HDP 14-06 Dear Mr. Westman: I have reviewed the cultural resouree,s aspects of the subject DEIR on behalf of this committee of the San Diego County Archaeological Society. Based on the information contained in the DEIR, we have the following comments: (1) The cultural resources appendix, Appendix D, is not posted on the City's websitc with the main body of the DEIR, and SDCAS was not sent a copy of the appendix. Therefore, our comments cannot extend to the details of the 2015 work on SDI-8797, Locus C, by Brian F. Smith & Associates. (2) Section 4.4 of the:DEIR, Cultural and Paleontological Resources, is comprehensive and well thought out. We concur with the impact analySis and with the mitigation measures as proposed. (3) It is unfortunate that the project applicants either chose to ignore the information available, or failed to do a due-diligence cultural resources study of the property before deciding to proceed with a proposed development that would impact a portion of a site which (a) Was capped only about 10 years ago to protect it, presumably in perpetuity, and (b) Was deemed potentially eligible for the National Register of Historic Places, and (c) Obviously holds particular cultural sensitivity due to the known burial on the site. The proposed project disrespects both the cultural and scientific values of Locus C of SDI-8797. P.O. Box 81106 San Diego, CA 92138-1106 (858) 538-0935 Comment noted. Comment noted. As described in the responses to Comment Letter B, the project has been redesigned since public review of the Draft EIR to increase avoidance to CA-SDI-8797 Locus C and to avoid impacts to known Native American burial(s) on the project site. This has been achieved through redesign and use of an alternative foundation design, which would support the hotel structure so that it "floats" above the ground surface and transfers the weight of the structure deep into the earth by means of the concrete piles, or caissons. With implementation of this redesign and alternative foundation system, the project would avoid and preserve in place all known human remains and would avoid disturbance to approximately 80 percent of CA-SDI-8797 Locus C. The City recognizes and respects the cultural sensitivity of the project site and has worked closely with the San Luis Rey Band of Mission Indians to arrive at a solution that would protect the on-site cultural resources to the maximum extent practical. The project would implement the alternative foundation design for the hotel structure, data recovery for areas of CA-SDI-8797 Locus C that would be disturbed by the project, additional subsurface archaeological testing in areas that have never been tested (around the water tank), and implementation of an open space easement to protect the on-site cultural resources from further disturbance. These revised mitigation measures would further reduce impacts to cultural resources and avoid impacts to human burials. Refer to the project's Mitigation Monitoring and Reporting Program for details. C-1 C-2 C-3 LETTER RESPONSE Westin Hotel and Timeshare EIR Page RTC-8 SDCAS appreciates the opportunity to participate in the City of Carlsbad's environmental review process for this project. Sincerely, es W. Royle, Jr., Chad rson Environmental:Review Committee cc: RECON Brian F. Smith & Associates SDCAS President File P.O. Box 81106 • San Diego, CA 92138-1106 • (858) 538-0935 LETTER RESPONSE Westin Hotel and Timeshare EIR Page RTC-9 Exhibit "GPA 14-03" December 16, 2015 GPA 14-03 Westin Hotel and Timeshare EXISTING PROPOSED Related Case File No(s): ZC 14-02 / LCPA 14-03! CT 14-08! PUD 15-01 / SDP 14-11 / CUP 15-03! CDP 14-29! HOP 14-06 / V 14-03 / EIR 15-02 General Plan Land Use Designation Changes Property From: To: A. 212-271-02-00 P1/0 VC B. 211-023-07-00 P VC C. Westin Hotel and Timeshare LCPA 14-03 (Zoning) EXISTING PROPOSED Exhibit "LCPA 14-03" December 16, 2015 Related Case File No(s): GPA 14-03 / ZC 14-02 / CT 14-08 / PUD 15-01 / SDP 14-11 / CUP 15-03 / CDP 14-29 / HDP 14-06 / V 14-03 / EIR 15-02 LCPA Zoning Designation Changes Property From: To: A. 212-271-02-00 P-M/O C-T-Q B. 211-023-07-00 E-A C-T-Q C. EXISTING PROPOSED Exhibit "LCPA 14-03" December 16, 2015 LCPA 14-03 (Land Use) Westin Hotel and Timeshare Related Case File No(s): GPA 14-03 / ZC 14-02 / CT 14-08 / PUD 15-01 / SDP 14-11 / CUP 15-03 / COP 14-29 / HDP 14-06 / V 14-03 / EIR 15-02 LCPA Land Use Designation Changes Property From: To: A. 212-271-02-00 P1/0 VC B. 211-023-07-00 P VC C. h; b -i- RESOLUTION NO, 2016-022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING CARLSBAD TRACT CT 14-08, NON- RESIDENTIAL PLANNED DEVELOPMENT PERMIT PUD 15-01, SITE DEVELOPMENT PLAN SDP 14-11, CONDITIONAL USE PERMIT CUP 15-03, COASTAL DEVELOPMENT PERMIT CDP 14-29, AND HILLSIDE DEVELOPMENT PERMIT HDP 14-06 TO DEVELOP A 71-ROOM HOTEL BUILDING AND DEVELOP AND SUBDIVIDE A 36-UNIT TIMESHARE CONDOMINIUM BUILDING ON A 3.6 ACRE PROPERTY GENERALLY LOCATED WEST OF THE CROSSINGS DRIVE AND EAST OF MARBRISA DRIVE IN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 8. CASE NAME: WESTIN HOTEL AND TIMESHARE CASE NO.: CT 14-08/PUD 15-01/SDP 14-11/CUP 15-03/ CDP 14-29/HDP 14-06 The City Council of the City of Carlsbad, California, does hereby resolve as follows: WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on December 16, 2015, hold a duly noticed public hearing as prescribed by law to consider Tentative Tract CT 14-08, Planned Development Permit PUD 15-01, Site Development Plan SDP 14-11, Conditional Use Permit CUP 15-03, Coastal Development Permit CDP 14-29, and Hillside Development Permit HDP 14-06 and adopted Planning Commission Resolution No. 7143, recommending approval of Tentative Tract CT 14-08, Planned Development Permit PUD 15-01, Site Development Plan SDP 14-11, Conditional Use Permit CUP 15-03, Coastal Development Permit CDP 14-29, and Hillside Development Permit HDP 14-06; and WHEREAS, pursuant to the California Environmental Quality Act, a Final Environmental Impact Report (SCH # 2015041042) relative to the proposed project - Tentative Tract CT 14-08, Planned Development Permit PUD 15-01, Site Development Plan SDP 14-11, Conditional Use Permit CUP 15-03, Coastal Development Permit CDP 14-29, and Hillside Development Permit HDP 14-06 has been prepared and the City Council has certified it per City Council Resolution No. 2016-021 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Tentative Tract CT 14-08, Planned Development Permit PUD 15-01, Site Development Plan SDP 14-11, Conditional Use Permit CUP 15-03, Coastal Development Permit CDP 14-29, and Hillside Development Permit HDP 14-06 are approved and that the findings and conditions of the Planning Commission contained in Planning Commission Resolution No. 7143 on file in the City Clerk's office and incorporated herein by reference are the findings and conditions of the City Council, with the addition of the following conditions: a) Prior to approval of the final map or issuance of any permits, the developer shall enter into an agreement with the city to pay the city's Transportation System Management Program and Transportation Demand Management Program fees established as a result of the forthcoming Traffic Impact Fee Update. The form and content of said agreement shall be to the satisfaction of the city engineer and city attorney. b) This project is subject to transportation demand management strategies that reduce the reliance on single-occupant automobiles and assist in achieving the city's livable streets vision. Prior to approval of the final map or issuance of any permits, the developer shall submit and attain approval, from the city engineer, a Transportation Demand Management (TDM) Plan. The plan shall include implementation approaches and timelines. c) Developer shall cause property owner to submit an executed copy to the city engineer for recordation a city standard Transportation Demand Management Implementation Agreement. 3. That this action is final the date this resolution is adopted by the City Council. The provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: /// II/ /// -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 // // // // I- II // // // // // // // I- II // /I // // // // // I- II // // // // // // // // // // // "NOTICE TO APPLICANT" The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record is filed with a deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008. BARBARA ENGLESO City Clerk (SEAL) it.513.40 "Iiirt oily PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 23rd day of February 2016, by the following vote to wit: AYES: Council Members Hall, Wood, Schumacher, Blackburn, Packard. NOES: None. ABSENT: None. MATT H LL1,1Mayor ATTEST: NOT TO SCALE SITE MAP Westin Hotel and Timeshare EIR 15-02 / GPA 14-03 / ZC 14-02/ LCPA 14-03 / SP 207K / CT 14-08 / PUD 15-01 /SDP 14-11 / CUP 15-03 / CDP 14-29 / HDP 14-06 ‘ch;bii- (i) PLANNING COMMISSION RESOLUTION NO. 7138 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT FOR WESTIN HOTEL AND TIMESHARE, EIR 15-02, AND RECOMMENDING ADOPTION OF THE CANDIDATE FINDINGS OF FACT AND A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE DEVELOPMENT OF A 71-ROOM HOTEL AND 36 UNIT TIMESHARE BUILDING ON A 3.6-ACRE PROPERTY GENERALLY LOCATED WEST OF THE CROSSINGS DRIVE AND EAST OF MARBRISA DRIVE IN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 8. CASE NAME: WESTIN HOTEL AND TIMESHARE CASE NO.: EIR 15-02 WHEREAS, Grand Pacific Resorts, Inc., "Developer," has filed a verified application with the City of Carlsbad regarding property owned by the City of Carlsbad, "Owner," described as Those portions of Lots F and H of Rancho Agua Hedionda, in the County of San Diego, State of California, according to Partition Map No. 823, filed in the office of the County Recorder of San Diego County, November 16, 1896; and, Lot 9 of City of Carlsbad CT 09-03, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 15902, filed in the office of the County Recorder of San Diego County, March 4, 2013 ("the Property"); and WHEREAS, a Project Environmental Impact Report (EIR 15-02) was prepared in conjunction with said project; and WHEREAS, the Planning Commission did on December 16, 2015, 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, examining the Project EIR, Candidate Findings of Fact, and Mitigation Monitoring and Reporting Program, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Project EIR. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A. That the foregoing recitations are true and correct. B. That the Final Project Environmental Impact Report consists of the Final Project Environmental Impact Report, EIR 15-02, dated December 16, 2015, appendices, written comments and responses to comments, as amended to include the comments and documents of those testifying at the public hearing and responses thereto is hereby found to be in good faith and reason by incorporating a copy of the minutes of said public hearing into the report, all on file in the Planning Division incorporated by this reference, and collectively referred to as the "Report." C. That the Environmental Impact Report, EIR 15-02, as so amended and evaluated is recommended for acceptance and certification as the final Environmental Impact Report and that the final Environmental Impact Report as recommended is adequate and provides reasonable information on the project and all reasonable and feasible alternatives thereto, including no project. D. That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS CERTIFICATION of the Environmental Impact Report for the WESTIN HOTEL AND TIMESHARE, EIR 15-02 and RECOMMENDS ADOPTION of the Candidate Findings of Fact ("CEQA Findings") attached hereto marked as "Exhibit A" and incorporated by this reference and of the Mitigation Monitoring and Reporting Program ("Program"), attached hereto marked as "Exhibit B" and incorporated by this reference; based on the following findings and subject to the following condition. Findings: 1. The Planning Commission of the City of Carlsbad does hereby find that the Final Project EIR 15- 02, the Candidate Findings of Fact, and the Mitigation Monitoring and Reporting Program, have been prepared in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental Review Procedures of the City of Carlsbad. 2. The Planning Commission of the City of Carlsbad has reviewed, analyzed, and considered Final Project EIR 15-02, the environmental impacts therein identified for this project; the Candidate Findings of Fact ("Findings" or "CEQA Findings") attached hereto as "Exhibit A," and the Mitigation Monitoring and Reporting Program ("Program") attached hereto as "Exhibit 13," prior to RECOMMENDING APPROVAL of this project. 3. The Planning Commission finds that Final EIR 15-02 reflects the independent judgment of the City of Carlsbad Planning Commission. 4. The Planning Commission does accept as its own, incorporate as if set forth in full herein, and make each and every one of the findings contained in the CEQA Findings ("Exhibit A"), including feasibility of mitigation measures pursuant to Public Resources Code 21081 and CEQA Guidelines 15091, and infeasibility of project alternatives. 5. The Planning Commission hereby finds that the Program ("Exhibit 6") is designed to ensure that during project implementation, the Developer and any other responsible parties implement the project components and comply with the feasible mitigation measures identified in the CEQA Findings and the Program. 6. The Record of Proceedings for this project consists of The Report, CEQA Findings, and Program; all reports, applications, memoranda, maps, letters and other planning documents prepared by the planning consultant, the environmental consultant, and the City of Carlsbad that are before the decision makers as determined by the City Clerk; all documents submitted by members of the public and public agencies in connection with the Project EIR; minutes of all public meetings PC RESO NO. 7138 -2- and public hearings; and matters of common knowledge to the City of Carlsbad which they may consider, including but not limited to, the Carlsbad General Plan, Carlsbad Zoning Ordinance, Carlsbad Ranch Specific Plan, and Local Facilities Management Plan which may be found at 1200 Carlsbad Village Drive in the custody of the City Clerk, and 1635 Faraday Avenue in the custody of the City Planner. Condition: 1. The Developer/Owner shall implement the mitigation measures described in "Exhibit B," the Mitigation Monitoring and Reporting Program for the Westin Hotel and Timeshare. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on December 16, 2015, by the following vote, to wit: AYES: Chairperson Anderson, Commissioners Black, L'Heureux, Montgomery, and Segall NOES: ABSENT: Commissioner Siekmann ABSTAIN: VELYN ANDERSON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7138 -3- PLANNING COMMISSION RESOLUTION NO. 7139 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN TO CHANGE THE LAND USE DESIGNATION FROM PUBLIC (P), PLANNED INDUSTRIAL (PI), AND OFFICE (0) TO VISITOR COMMERCIAL (VC) ON PROPERTY GENERALLY LOCATED WEST OF THE CROSSINGS DRIVE AND EAST OF MARBRISA DRIVE IN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 8. CASE NAME: WESTIN HOTEL AND TIMESHARE CASE NO: GPA 14-03 WHEREAS, Grand Pacific Resorts, Inc., "Developer," has filed a verified application with the City of Carlsbad regarding property owned by the City of Carlsbad, "Owner," described as Those portions of Lots F and H of Rancho Agua Hedionda, in the County of San Diego, State of California, according to Partition Map No. 823, filed in the office of the County Recorder of San Diego County, November 16, 1896; and, Lot 9 of City of Carlsbad CT 09-03, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 15902, filed in the office of the County Recorder of San Diego County, March 4, 2013 ("the Property"); and WHEREAS, said verified application constitutes a request for a General Plan Amendment as shown on Exhibit "GPA 14-03" dated December 16, 2015, attached hereto and on file in the Carlsbad Planning Division, GPA 14-03 — WESTIN HOTEL AND TIMESHARE, as provided in Government Code Section 65350 et. seq. and Section 21.52.150 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on December 16, 2015, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the General Plan Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A. That the above recitations are true and correct. B. That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of GPA 14-03 — WESTIN HOTEL AND TIMESHARE, based on the following findings: Findings: 1. That the property is located adjacent to larger properties that have a general plan land use designation of Visitor Commercial, that the surrounding properties are developed with visitor serving uses including a hotel and timeshare resort, LEGOLAND California, and the Carlsbad Crossings municipal golf course, and that the property is isolated from planned industrial and office uses in the area. 2. That the Public (P) land use designation is no longer valid for the property since the government facility, water tank, has been decommissioned and will no longer be used as a water storage facility. 3. That adopting Visitor Commercial as the land use designation for this property will promote infill development that makes efficient use of limited land supply, while ensuring compatibility and integration with existing adjacent uses as well as promoting the continued growth of visitor-oriented land uses, and providing enhanced opportunities for new hotels and visitor-services in desirable locations. 4. That the site is near major transportation corridors, Palomar Airport Road and Cannon Road, and proximate to key visitor draws such as the ocean, LEGOLAND, and business in the Palomar Airport Road corridor. 5. The Planning Commission of the City of Carlsbad does hereby find: a. it has reviewed, analyzed and considered Final EIR 15-02, the environmental impacts therein identified for this project; the CEQA 'Fihdings, and the Program prior to RECOMMENDING APPROVAL of the project; b. the Final EIR 15-02, the CEQA Findings, and the Program have been prepared in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines and the Environmental Review Procedures of the City of Carlsbad; and they reflect the independent judgment of the City of Carlsbad Planning Commission. 6. The Planning Commission does accept as its own, incorporate as if set forth in full herein, and make each and every one of the findings contained in the CEQA Findings, including feasibility of mitigation measures pursuant to Public Resources Code 21081 and CEQA Guidelines 15091, and infeasibility of project alternatives. 7. The Planning Commission hereby finds that the Program is designed to ensure that during project implementation the Developer and any other responsible parties implement the project components and comply with the feasible mitigation measures identified in the CEQA Findings and the Program. 8. The Record of Proceedings for this project consists of a Project Environmental Impact Report, Findings of Fact, and Mitigation Monitoring and Reporting Program which may be found at 1635 Faraday Avenue in the custody of the City Clerk and City Planner. PC RESO NO. 7139 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan-Palomar Airport (ALUCP), dated October 2004, 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. Conditions: 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to 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 General Plan Amendment. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the General Plan Amendment documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 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 General Plan Amendment, (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. 6. This approval is granted subject to the approval of ZC 14-02 and LCPA 14-03. PC RESO NO. 7139 -3- 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 LYN ANBICRSON, hairperson PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on December 16, 2015, by the following vote, to wit: AYES: Chairperson Anderson, Commissioners Black, L'Heureux, Montgomery, and Segall NOES: ABSENT: Commissioner Siekmann ABSTAIN: CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7139 -4- PLANNING COMMISSION RESOLUTION NO. 7140 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CHANGE FROM EXCLUSIVE AGRICULTURE (E-A), PLANNED INDUSTRIAL (P-M) AND OFFICE (0) TO COMMERCIAL TOURIST (C-T) WITH A QUALIFIED DEVELOPMENT OVERLAY ZONE (Q) ON PROPERTY GENERALLY LOCATED WEST OF THE CROSSINGS DRIVE AND EAST OF MARBRISA DRIVE IN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 8. CASE NAME: WESTIN HOTEL AND TIMESHARE CASE NO: ZC 14-02 WHEREAS, Grand Pacific Resorts, Inc., "Developer," has filed a verified application with the City of Carlsbad regarding property owned by the City of Carlsbad, "Owner," described as Those portions of Lots F and H of Rancho Agua Hedionda, in the County of San Diego, State of California, according to Partition Map No. 823, filed in the office of the County Recorder of San Diego County, November 16, 1896; and, Lot 9 of City of Carlsbad CT 09-03, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 15902, filed in the office of the County Recorder of San Diego County, March 4, 2013 ("the Property"); and WHEREAS, said application constitutes a request for a Zone Change as shown on Exhibit "ZC 14-02" dated December 16, 2015, attached hereto and on file in the Planning Division, ZC 14-02 — WESTIN HOTEL AND TIMESHARE, as provided by Chapter 21.52 of the Carlsbad Municipal Code; and WHEREAS, the proposed Zone Change is set forth in the draft City Council Ordinance, EXHIBIT "ZC 14-02" dated December 16, 2015, and attached hereto ZC 14-02 — WESTIN HOTEL AND TIMESHARE; and WHEREAS, the Planning Commission did on December 16, 2015, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Zone Change. 1 2 3 4 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14 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 ZC 14-02 — WESTIN HOTEL AND TIMESHARE, based on the following findings and subject to the following conditions: Findings: 1. That the proposed Zone Change from Exclusive Agriculture (E-A), Planned Industrial (P-M), and Office (0) to Commercial Tourist (C-T) and a Qualified Development Overlay (Q) is consistent with the goals and policies of the various elements of the General Plan, in that the property is located adjacent to larger properties that have a General Plan land use designation of Visitor Commercial, that the surrounding properties are developed with visitor serving uses including a hotel and timeshare resort, LEGOLAND California, and the Carlsbad Crossings municipal golf course, and that the property is isolated from planned industrial and office uses in the area. 2. That the Zone Change will provide consistency between the General Plan and Zoning as mandated by California state law and the City of Carlsbad General Plan Land Use Element, in that the request for a Zone Change to C-T-Q is accompanied by a request for a General Plan Land Use change to establish the property as Visitor Commercial (VC) and the Commercial Tourist Zoning implements the Visitor Commercial Land Use. 3. That the Zone Change is consistent with the public convenience, necessity, and general welfare, and is consistent with sound planning principles in that the Public (P) land use designation is no longer valid for the property since the government facility, water tank, has been decommissioned and will no longer be used as a water storage facility, that adopting Visitor Commercial as the land use designation for this property will promote infill development that makes efficient use of limited land supply, while ensuring compatibility and integration with existing adjacent uses as well as promoting the continued growth of visitor-oriented land uses, and providing enhanced opportunities for new hotels and visitor-services in desirable locations, that the site is near major transportation corridors, Palomar Airport Road and Cannon Road, and proximate to key visitor draws such as the ocean, LEGOLAND, and business in the Palomar Airport Road corridor. 4. The Planning Commission of the City of Carlsbad does hereby find: A. it has reviewed, analyzed and considered Final EIR 15-02, the environmental impacts therein identified for this project; the CEQA Findings, and the Program prior to RECOMMENDING APPROVAL of the project; B. the Final EIR 15-02, the CEQA Findings, and the Program have been prepared in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines and the Environmental Review Procedures of the City of Carlsbad; and they reflect the independent judgment of the City of Carlsbad Planning Commission. 5. The Planning Commission does accept as its own, incorporate as if set forth in full herein, and make each and every one of the findings contained in the CEQA Findings, including feasibility of PC RESO NO. 7140 mitigation measures pursuant to Public Resources Code 21081 and CEQA Guidelines 15091, and infeasibility of project alternatives. 6. The Planning Commission hereby finds that the Program is designed to ensure that during project implementation the Developer and any other responsible parties implement the project components and comply with the feasible mitigation measures identified in the CEQA Findings and the Program. 7. The Record of Proceedings for this project consists of a Project Environmental Impact Report, Findings of Fact, and Mitigation Monitoring and Reporting Program which may be found at 1635 Faraday Avenue in the custody of the City Clerk and City Planner. 8. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan-Palomar Airport (ALUCP), dated October 2004, 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. 9. 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: 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to 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 Zone Change. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Zone Change documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. PC RESO NO. 7140 -3- 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Zone Change, (b) City's 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. 6. This approval is granted subject to the approval of GPA 14-03 and LCPA 14-03. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on December 16, 2015, by the following vote, to wit: AYES: Chairperson Anderson, Commissioners Black, L'Heureux, Montgomery, and Segall NOES: ABSENT: Commissioner Siekmann ABSTAIN: VELYN ANDERSON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7140 -4- PLANNING COMMISSION RESOLUTION NO. 7141 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE CARLSBAD LOCAL COASTAL PROGRAM TO AMEND THE CARLSBAD RANCH SPECIFIC PLAN WHICH IS THE IMPLEMENTING ORDINANCE AND TO BRING THE DESIGNATIONS ON THE LOCAL COASTAL PROGRAM LAND USE AND ZONING MAP INTO CONFORMANCE WITH THE CITY GENERAL PLAN LAND USE AND ZONING ON PROPERTY GENERALLY LOCATED WEST OF THE CROSSINGS DRIVE AND EAST OF MARBRISA DRIVE IN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 8. CASE NAME: WESTIN HOTEL AND TIMESHARE CASE NO: LCPA 14-03 WHEREAS, California State law requires that the Local Coastal Program, General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and WHEREAS, Grand Pacific Resorts, Inc., "Developer," has filed a verified application with the City of Carlsbad regarding property owned by the City of Carlsbad, "Owner," described as Those portions of Lots F and H of Rancho Agua Hedionda, in the County of San Diego, State of California, according to Partition Map No. 823, filed in the office of the County Recorder of San Diego County, November 16, 1896; and, Lot 9 of City of Carlsbad CT 09-03, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 15902, filed/in the office of the County Recorder of San Diego County, March 4, 2013 ("the Property"); and WHEREAS, said verified application constitutes a request for a Local Coastal Program Amendment as shown on Exhibit "LCPA 14-03" and "SP 207K" dated December 16, 2015, attached hereto, as provided in Public Resources Code Section 30514 and Section 13551 of California Code of Regulations Title 14, Division 5.5; and WHEREAS, the Planning Commission did on December 16, 2015, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Local Coastal Program Amendment; and 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, State Coastal Guidelines requires a six-week public review period for any amendment to the Local Coastal Program. 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. At the end of the State-mandated six-week review period, starting on October 8, 2015, and ending on November 18, 2015, staff shall present to the City Council a summary of the comments received. C. That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of LCPA 14-03 — WESTIN HOTEL AND TIMESHARE based on the following findings, and subject to the following conditions: Findings: 1. That the proposed Local Coastal Program Amendment meets the requirements of, and is in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies of the Mello II segment of the Carlsbad Local Coastal Program not being amended by this amendment, in that the proposed amendment to the implementing ordinance, Carlsbad Ranch Specific Plan, establishes development standards for the continuation of destination resort facilities. 2. That the proposed amendment to the Mello II segment of the Carlsbad Local Coastal Program is required to bring it into consistency with the City of Carlsbad General Plan and Zoning maps. 3. The Planning Commission of the City of Carlsbad does hereby find: A. it has reviewed, analyzed and considered Final EIR 15-02, the environmental impacts therein identified for this project; the CEQA Findings, and the Program prior to RECOMMENDING APPROVAL of The project; B. the Final EIR 15-02, the CEQA Findings, and the Program have been prepared in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines and the Environmental Review Procedures of the City of Carlsbad; and they reflect the independent judgment of the City of Carlsbad Planning Commission. 4. The Planning Commission does accept as its own, incorporate as if set forth in full herein, and make each and every one of the findings contained in the CEQA Findings, including feasibility of mitigation measures pursuant to Public Resources Code 21081 and CEQA Guidelines 15091, and infeasibility of project alternatives. 5. The Planning Commission hereby finds that the Program is designed to ensure that during project implementation the Developer and any other responsible parties implement the project components and comply with the feasible mitigation measures identified in the CEQA Findings and the Program. PC RESO NO. 7141 6. The Record of Proceedings for this project consists of a Project Environmental Impact Report, Findings of Fact, and Mitigation Monitoring and Reporting Program, which may be found at 1635 Faraday Avenue in the custody of the City Clerk and City Planner. Conditions: 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to 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 Local Coastal Program Amendment. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Local Coastal Program Amendment documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 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 Local Coastal Program Amendment, (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. 6. This approval is granted subject to the approval of GPA 14-03 and ZC 14-02. PC RESO NO. 7141 -3- PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on December 16, 2015, by the following vote, to wit: AYES: Chairperson Anderson, Commissioners Black, L'Heureux, Montgomery, and Segall NOES: ABSENT: Commissioner Siekmann ABSTAIN: VELYN ANDERSON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7141 -4- PLANNING COMMISSION RESOLUTION NO. 7142 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF SPECIFIC PLAN AMENDMENT NO. SP 207(K) TO EXPAND PLANNING AREA 5 TO INCLUDE 3.6 ACRES AS PLANNING AREA 5A AND INCLUDE SPECIFIC LAND USE REGULATIONS FOR PLANNING AREA 5A ON PROPERTY GENERALLY LOCATED WEST OF THE CROSSINGS DRIVE AND EAST OF MARBRISA DRIVE IN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITJES MANAGEMENT ZONE 8. CASE NAME: WESTIN HOTEL AND TIMESHARE CASE NO.: SP 207(K) WHEREAS, Grand Pacific Resorts, Inc., "Developer," has filed a verified application with the City of Carlsbad regarding property owned by the City of Carlsbad, "Owner," described as Those portions of Lots F and H of Rancho Agua Hedionda, in the County of San Diego, State of California, according to Partition Map No. 823, filed in the office of the County Recorder of San Diego County, November 16, 1896; and, Lot 9 of City of Carlsbad CT 09-03, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 15902, filed in the office of the County Recorder of San Diego County, March 4, 2013 ("the Property"); and WHEREAS, said verified application constitutes a request for a Specific Plan amendment, on file in the Carlsbad Planning Division, SP 207(K) — WESTIN HOTEL AND TIMESHARE as provided by SP 207 and Government Code Section 65453 and Chapter 21.54 of the Carlsbad Municipal Code; and WHEREAS, the proposed SP 207(K) — WESTIN HOTEL AND TIMESHARE is set forth and attached in the draft City Council Ordinance, Exhibit "SP 207(K)" dated, December 16, 2015, and attached hereto as SP 207(K) — WESTIN HOTEL AND TIMESHARE; and WHEREAS, the Planning Commission did, on December 16, 2015, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Specific Plan amendment; and WHEREAS, on March 9, 1993, the City Council approved SP 207, as described and conditioned in Planning Commission Resolution No. 3476 and City Council Ordinance No. NS-227. 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 SP 207(K) — WESTIN HOTEL AND TIMESHARE based on the following findings and subject to the following conditions: Findings: 1. The proposed development as described by the Specific Plan [SP 207(K)] is consistent with the provisions of the General Plan. 2. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan and Specific Plan 207 based on the facts set forth in the staff report dated December 16, 2015 including, but not limited to the following: A. The proposed hotel and timeshare land use is specified as allowed and encouraged in the General Plan as visitor commercial uses and is the designated land use in the Carlsbad Ranch Specific Plan. 3. The proposed plan would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. 4. All necessary public facilities can be provided concurrent with need, and adequate provisions have been provided to implement those portions of the capital improvement program applicable to the subject property. 5. The proposed visitor commercial use will be appropriate in area, location, and overall design to the purpose intended. The design and development standards are such as to create an environment of sustained desirability and stability. Such development will meet performance standards established by this title. 6. The existing streets and thoroughfares are suitable and adequate to carry the anticipated traffic thereon. 7. Proposed visitor commercial development can be justified economically at the location proposed and will provide adequate facilities of the types needed at such location proposed. 8. The area surrounding the development is planned and zoned in coordination and substantial compatibility with the development. 9. Appropriate measures are proposed to mitigate any adverse environmental impact as noted in the adopted environmental impact report. 10. The Planning Commission of the City of Carlsbad does hereby find: PC RESO NO. 7142 -2- A. it has reviewed, analyzed and considered Final EIR 15-02, the environmental impacts therein identified for this project; the CEQA Findings and the Program prior to RECOMMENDING APPROVAL of the project; B. the Final EIR 15-02, the CEQA Findings, and the Program have been prepared in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines and the Environmental Review Procedures of the City of Carlsbad; and, they reflect the independent judgment of the City of Carlsbad Planning Commission. 11. The Planning Commission does accept as its own, incorporate as if set forth in full herein, and make each and every one of the findings contained in the CEQA Findings, including feasibility of mitigation measures pursuant to Public Resources Code 21081 and CEQA Guidelines 15091, and infeasibility of project alternatives. 12. The Planning Commission hereby finds that the Program is designed to ensure that during project implementation the Developer and any other responsible parties implement the project components and comply with the feasible mitigation measures identified in the CEQA Findings and the Program. 13. The Record of Proceedings for this project consists of a Project Environmental Impact Report, Findings of Fact, and Mitigation Monitoring and Reporting Program which may be found at 1635 Faraday Avenue in the custody of the City Clerk and City Planner. 14. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan- Palomar Airport (ALUCP), dated October 2004, 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. 15. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 8 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; and circulation related to the project will be installed to serve the new development prior to or concurrent with need. 16. 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: 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to 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 Specific Plan Amendment. PC RESO NO. 7142 -3- 1 2 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Specific Plan Amendment documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 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 Specific Plan Amendment, (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. 6. This approval is granted subject to the approval of GPA 14-03, ZC 14-02, and LCPA 14-03. 7. Prior to the issuance of any permits for the project, the applicant shall submit to the City Planner a digital copy and a camera-ready master copy of the SP 207(K) (Carlsbad Ranch Specific Plan), in addition to the required number of bound copies. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified 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. 7142 1 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on December 16, 2015, by the following vote, to wit: AYES: Chairperson Anderson, Commissioners Black, L'Heureux, Montgomery, and Segall NOES: ABSENT: Commissioner Siekmann ABSTAIN: VELYN ANDERSON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7142 -5- PLANNING COMMISSION RESOLUTION NO. 7143 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF CARLSBAD TRACT CT 14-08, NON-RESIDENTIAL PLANNED UNIT DEVELOPMENT PERMIT PUD 15-01, SITE DEVELOPMENT PLAN SDP 14-11, CONDITIONAL USE PERMIT CUP 15-03, COASTAL DEVELOPMENT PERMIT CDP 14-29, AND HILLSIDE DEVELOPMENT PERMIT HDP 14-06 TO DEVELOP A 71- ROOM HOTEL BUILDING AND DEVELOP AND SUBDIVIDE A 36-UNIT TIMESHARE CONDOMINIUM BUILDING ON A 3.6 ACRE PROPERTY GENERALLY LOCATED WEST OF THE CROSSINGS DRIVE AND EAST OF MARBRISA DRIVE IN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 8. CASE NAME: WESTIN HOTEL AND TIMESHARE CASE NO.: CT 14-08/PUD 15-01/SDP 14-11/CUP 15-03/CDP 14-29/ HDP 14-06 WHEREAS, Grand Pacific Resorts, Inc., "Developer," has filed a verified application with the City of Carlsbad regarding property owned by the City of Carlsbad, "Owner," described as Those portions of Lots F and H of Rancho Agua Hedionda, in the County of San Diego, State of California, according to Partition Map No. 823, filed in the office of the County Recorder of San Diego County, November 16, 1896; and, Lot 9 of City of Carlsbad CT 09-03, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 15902, filed in the office of the County Recorder of San Diego County, March 4, 2013 ("the Property"); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map, Non- Residential Planned Development Permit, SitelDevelopment Plan, Conditional Use Permit, Coastal Development Permit, and Hillside Development Permit as shown on Exhibits "A0-A17", "C1-C7", "P1-P2", and "L1-L7" dated December 16, 2015, on file in the Planning Division CT 14-08/PUD 15-01/SDP 14- 11/CUP 15-03/CDP 14-29/HDP 14-06 — WESTIN HOTEL AND TIMESHARE, as provided by Chapters 20.12, 21.47, 21.06, 21.42, 21.201, and 21.95 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on December 16, 2015, 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, Site Development Plan, Conditional Use Permit, Coastal Development Permit, and Hillside Development 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 14-08/PUD 15-01/SDP 14-11/CUP 15-03/CDP 14- 29/HDP 14-06 — WESTIN HOTEL AND TIMESHARE, based on the following findings and subject to the following conditions: Findings: Tract Map 1. 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. 2. That the proposed project is compatible with the surrounding future land uses since surrounding properties are also designated for development on the General Plan as visitor commercial uses that serve the travel and recreation needs of visitors and residents 3. 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. 4. 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 and will therefore not conflict with existing or proposed easements. 5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 6. 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 hotel and timeshare units will be able to take advantage of prevailing breezes and regulate heating and cooling by actuating the fully functioning doors and windows within the units. 7. 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 the site has been fully evaluated for the presence of protected habitat and/or species and none are found onsite. 8. 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 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. PC RESO NO. 7143 -2- 9. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan;and Carlsbad Ranch Specific Plan based on the facts set forth in the staff report dated November 18, 2015 including, but not limited to the following: 10. The proposed hotel and timeshare land use is specified as allowed and encouraged in the General Plan as visitor commercial uses and is the designated land use in the Carlsbad ranch Specific Plan. 11. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 8 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; and circulation related to the project will be installed to serve the new development prior to or concurrent with need. Specifically, A. 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. B. The Local Facilities Management fee for Zone 8 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 12. 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. 13. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 8. 14. 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. Non-Residential Planned Development Permit 15. 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 non-residential 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 Planning Area 5 and 5A of the Carlsbad Ranch Specific Plan. 16. The proposed use at the particular lociAtion- is necessary and desirable to provide a service or facility, which will contribute to the gehei'd1 well-being of the neighborhood and the community in that timeshare ownership provides one opportunity among many opportunities to achieve fractional land ownership. 17. 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 persons in the vicinity are also most likely there as a visitor and will also be taking advantage of visitor serving commercial uses. PC RESO NO. 7143 -3- 18. The proposed nonresidential planned development meets all of minimum development standards of the underlying zone. 19. 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. Because the project is the extension of existing visitor commercial uses in the vicinity no special conditions are necessary to ensure compatibility. Conditional Use Permit 20. 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 timeshare ownership provides one opportunity among many opportunities to achieve fractional land ownership. 21. 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 timeshare condominium units are established as an encouraged and allowed use within the Visitor Commercial General Plan land use designation and the land use table for Planning Area 5 and 5A of the Carlsbad Ranch Specific Plan. 22. 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. 23. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the 856 Average Daily Trips generated by the resort property will be distributed between The Crossings Drive, Cannon Road and Palomar Airport Road. 24. 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, in that the Sheraton Hotel, MarBrisa Timeshare resort, LEGOLAND hotel and The Crossings at Carlsbad golf course are adjacent to the project site. Site Development Plan 25. That the proposed development or use is consistent with the General Plan and any applicable master plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the Carlsbad Municipal Code, and all other applicable provisions of this code, in that the project is the creation of hotel and timeshare buildings which are established as encouraged and allowed uses within the Visitor Commercial General Plan land use designation and the land use table for Planning Area 5 and 5A of the Carlsbad Ranch Specific Plan. 26. That the requested development or use is properly related to the site, surroundings and environmental settings, will not be' detrimental to existing development or uses or to development or uses specifically permitted in the area in which the proposed development or use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that PC RESO NO. 7143 -4- the property is adjacent to an existing resort development and the project is an extension of the existing use and integrated through a direct physical connection. 27. That the site for the intended development or use is adequate in size and shape to accommodate the use, in that as designed the project site accommodates the proposed development without the inclusion of special adjustments or variances to development standards. 28. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested development or use to existing or permitted future development or use in the neighborhood will be provided and maintained, in that the project is consistent with the development standards established for the property and that the land use is an extension of existing uses adjacent to the property and no special adjustments are necessary. 29. That the street systems serving the proposed development or use is adequate to properly handle all traffic generated by the proposed use, in that the 856 Average Daily Trips generated by the resort property will be distributed between The Crossings Drive, Cannon Road and Palomar Airport Road. 30. The proposed common parking reduction is consistent with the common parking provisions of Carlsbad Municipal Code Section 21.44.050(a). The parking necessary to meet the peak hourly demand of the overall development of Carlsbad Ranch Planning Areas 5 and 5A will be provided along with all other design features such as parking lot landscaping. The proposed parking reduction of 12.9% for common parking facilities equals 198 parking spaces. Hillside Development Permit 31. That onsite hillside conditions have been properly identified on the constraints map which show existing and proposed conditions and slope percentages. 32. That undevelopable areas of the project site, i.e., natural slopes over 40%, have been properly identified on the constraints map and no such hillside slopes exist onsite. 33. That the development proposal is consistent with the intent, purpose, and requirements of the Hillside Ordinance, Chapter 21.95, in that slope conditions have been considered in the project design, the timeshare building is designed as being built into a manufactured slope and a new grade is established through an authorized grading plan, buildings are oriented to parallel the manufactured slope contours, roof designs are presented as "hip" which emulate hilltops. 34. That the proposed development or grading will not occur in the undevelopable portions of the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code, in that no undevelopable areas exist onsite. 35. That the project design substantially conforms to the intent of the concepts illustrated in the Hillside Development Guidelines Manual, in that development occurs on the manufactured pad and steps into the pad from the east with the creation of a lower basement level parking area, buildings are setback from the top-of-slope along the eastern edge of the site at a ratio of 0.7 foot per 1.0 foot of vertical building height, a portion of the hotel building encroaches over the top of the northern most manufactured downhill perimeter slope but will preserve open space in contrast to creating a lengthy pedestrian connection between the existing Planning Area 5 and Planning Area 5A. 36. That the project design and lot configuration minimizes disturbance of hillside lands, in that the project site does not include native natural slopes. PC RESO NO. 7143 -5- General 37. The Planning Commission of the City of Carlsbad does hereby find: A. it has reviewed, analyzed and considered Final EIR 15-02, the environmental impacts therein identified for this project; the CEQA Findings, and the Program prior to RECOMMENDING APPROVAL of the project; B. the Final EIR 15-02, the CEQA Findings, and the Program have been prepared in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines and the Environmental Review Procedures of the City of Carlsbad; and, they reflect the independent judgment of the City of Carlsbad Planning Commission. 38. The Planning Commission does accept as its own, incorporate as if set forth in full herein, and make each and every one of the findings contained in the CEQA Findings, including feasibility of mitigation measures pursuant to Public Resources Code 21081 and CEQA Guidelines 15091, and infeasibility of project alternatives. 39. The Planning Commission hereby finds that the Program is designed to ensure that during project implementation the Developer and any other responsible parties implement the project components and comply with the feasible mitigation measures identified in the CEQA Findings and the Program. 40. The Record of Proceedings for this project consists of a Project Environmental Impact Report, Findings of Fact, and Mitigation Monitoring and Reporting Program which may be found at 1635 Faraday Avenue in the custody of the City Clerk and City Planner. 41. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan- Palomar Airport (ALUCP), dated October 2004, 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. 42. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 43. 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. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to 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 PC RESO NO. 7143 -6- by Developer or a successor in interest by the City's approval of this Tentative Tract Map, Non- Residential Planned Development Permit, Site Development Plan, Conditional Use Permit, Coastal Development Permit, and Hillside Development Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map, pon-Residential Planned Development Permit, Site Development Plan, Conditional Use Permit, Coastal Development Permit, and Hillside Development 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. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 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, Site Developmenf Plan, Conditional Use Permit, Coastal Development Permit, and Hillside Development 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. 6. Developer shall submit to the City Planner a reproducible 24" x 36" mylar copy of the Site Plan reflecting the conditions approved by the final decision-making body. 7. 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. 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 8 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 9. This approval shall become null and void; if building permits are not issued for this project within „ 36 months from the date of project approyal. 10. 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 PC RESO NO. 7143 -7- 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. 11. 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 CFD #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 13, 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. 12. Prior to the issuance of the Grading Permit, 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(n) Tentative Tract Map, Non-Residential Planned Development Permit, Site Development Plan, Conditional Use Permit, Coastal Development Permit, and Hillside Development Permit by Resolution(s) No. 7143 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. 13. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping and irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum amount of water to the landscape for plant growth without causing soil erosion and runoff. 14. 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. 15. CUP 15-03 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. PC RESO NO. 7143 16. 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. 17. Developer shall provide bus stops to service this development at locations and with reasonable facilities to the satisfaction of the North County Transit District and the City Planner. Said facilities, if required, shall be free from advertising and shall at a minimum include a bench and a pole for the bus stop sign. The facilities shall be designed to enhance or be consistent with basic architectural theme of the project. 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 CFD #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 13, 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. 19. 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. 20. 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. 21. 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. 22. 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. 23. Compact parking spaces shall be located in large groups, and in locations clearly marked to the satisfaction of the City Planner. 24. Developer shall construct, install, and stripe not less than 80 parking spaces, as shown on Exhibit "C4". 25. Prior to issuance of a building permit, all parties involved in the joint use of a parking lot shall provide evidence of agreement for such joint use by a proper legal instrument approved by the city attorney as to form and the City Planner as to content. Such instrument, when approved as conforming to the provisions of this title, shall be recorded in the office of the county recorder and copies thereof filed with the City Planner. 26. If the project cannot be successfully marketed as a timeshare project, it shall be converted to a hotel use pursuant to C.M.C. Section 21.42.140(6)(155). PC RESO NO. 7143 -9- 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 27. A management and maintenance plan approved, by the City Planner, shall be made part of the permit for the project. 28. The maximum time increment for recurrent exclusive use of occupancy of a timeshare unit shall be four months. A note indicating this requirement shall be placed on the final map. Engineering NOTE: Unless otherwise specified herein, all conditions below shall be satisfied prior to grading permit, building permit or recordation of final map, whichever comes first; or pursuant to an approved construction schedule at the discretion of the appropriate division manager or official. General 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. 30. 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. 31. Any required boundary adjustment shall be completed prior to the approval of a final map, grading permit or building permit. 32. Developer shall submit to the city engineer an acceptable instrument, via CC&R's and/or other recorded document, addressing the maintenance, repair, and replacement of shared private improvements within this subdivision, including but not limited to private streets, utilities, storm drains, sidewalks, landscaping, enhanced paving, water quality treatment measures, low impact development features located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within this subdivision. 33. 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 34. Developer shall cause property owner to execute and submit to the city engineer for recordation, the city's standard form Geologic Failure Hold Harmless Agreement. 35. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 36. 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. 37. Any private improvements located over existing or proposed public right of way or easements shall cause the property owner to apply for, execute, and submit, to the satisfaction of the city engineer for recordation, an Encroachment Agreement. PC RESO NO. 7143 -10- 38. Prior to approval of any grading or 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. Grading 39. Based upon a review of the proposed grading and the grading quantifies shown on the tentative map, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports for city engineer review, post security and pay all applicable grading plan review and permit fees per the city's latest fee schedule. 40. This project requires off site grading and improvement. No grading or private improvements shall occur outside the project unless developer obtains, records, and submits a recorded copy, to the satisfaction of the city engineer, of an easement or agreement from the owners of the affected properties. If developer is unable to obtain the easement or agreement, the developer must modify the plans so grading and improvement will not occur outside the project and apply for and obtain a finding of substantial conformance from the city engineer and/or a consistency determination from the city planner. 41. Developer acknowledges that, pursuant to Order No. R9-2013-0001 issued by the California Regional Water Quality Control Board, new storm water requirements are currently predicted to become effective in 2016, and will affect the design of this project. The storm water treatment reports submitted have been accepted for discretionary approval. Prior to construction, Developer shall revise all reports to demonstrate compliance with latest storm water requirements to the satisfaction of the city engineer. 42. Developer shall comply with the city's Storrnwater 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. 43. Prior to the issuance of grading permit or building permit, whichever occurs first, 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. 44. Prior to the issuance of a grading permit, developer shall submit to the city engineer receipt of a Notice of Intent from the State Water Resources Control Board. PC RESO NO. 7143 -11- 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 45. 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 demonstrate how this project meets new/current storm water treatment requirements per the city's BMP Design Manual, latest version. In addition to pollution control BMP selection criteria in the Manual, the developer shall use low impact development (site design) approaches to ensure that runoff from impervious areas (roofs, pavement, etc.) are drained through landscaped (pervious) areas prior to discharge. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's latest fee schedule. 46. 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, pollution control BMP, applicable hydromodification measures, and Low Impact Design (LID) facilities. Improvements 47. 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. 48. 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 or as determined by the city engineer. Some on-site public utility improvements may be constructed as private utilities as determined by the city engineer. Said public improvements shall be installed to city standards to the satisfaction of the city engineer. These improvements include, but are not limited to: a. Water line, fire hydrants and appurtenances b. Sewer main, manholes and cleanouts 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 improvement agreement or such other, time as provided in said agreement. Non-Mapping Notes 49. Add the following notes to the final map as non-mapping data: a. 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: 1. Water line, fire hydrants and appurtenances 2. Sewer main, manholes and cleanouts b. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. PC RESO NO. 7143 -12- c. Geotechnical Caution: 1. Slopes steeper than two parts horizontal to one part vertical exist within the boundaries of this subdivision. 2. 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. d. 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 the city approved development plans. Utilities 50. Developer shall meet with the fire marshal to determine fire protection measures (fire flows, fire hydrant locations, building sprinklers) required to serve the project. Fire hydrants, if proposed, may be considered public improvements and if so, shall be served by public water mains to the satisfaction of the district engineer. 51. Developer shall design and 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. 52. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 53. The developer shall design landscape and irrigation plans utilizing recycled water as a source and prepare and submit a colored recycled water use map to the Planning Department for processing and approval by the district engineer. 54. 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. 55. The developer shall 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. 56. The developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the tentative map to the satisfaction of the district engineer and city engineer. PC RESO NO. 7143 -13- 57. The developer shall contact the district engineer to determine if a sewer study is required. If so, the developer shall submit a detailed sewer study, prepared by a registered engineer, that identifies the peak flows of the project, required pipe sizes, depth of flow in pipe, velocity in the main lines, and the capacity of the existing infrastructure. Said study shall be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the district engineer. 58. The developer shall contact the district engineer to determine if a potable water study is required. If so, the developer shall submit a detailed potable water study, prepared by a registered engineer that identifies the peak demands of the project (including fire flow demands). The study shall identify velocity in the main lines, pressure zones, and the required pipe sizes. Said study shall be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the district engineer. 59. The developer shall contact the district engineer to determine if a recycled water study is required. If so, the developer shall submit a detailed recycled water study, prepared by a registered engineer that identifies the peak demands of the project. The study shall identify velocity in the main lines and the required pipe sizes. Said study shall be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the district engineer. Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 60. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. 61. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 62. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management fee for Zone 8 as required by Carlsbad Municipal Code Section 21.90.050. 63. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 64. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 65. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 66. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 67. 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. PC RESO NO. 7143 -14- VELYN ANDERSON, Chairperson 68. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the City of Carlsbad Municipal Code to the satisfaction of the city engineer. 69. 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. 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. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on December 16, 2015, by the following vote, to wit: AYES: Chairperson Anderson, Commissioners Black, L'Heureux, Montgomery, and Segall NOES: ABSENT: Commissioner Siekmann ABSTAIN: CARLSBAD PLANNING COMMISSION DON NEU City Planner PC RESO NO. 7143 -15- b;-1- The City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION Item No. Application complete date: December 16, 2014 P.C. AGENDA OF: December 16, 2015 Project Planner: Christer Westman Project Engineer: Steve Bobbett SUBJECT: EIR 15-02/GPA 14-03/2C 14-02/LCPA 14-03/SP 207(K)/CT 14-08/PUD 15-01/SDP 14- 11/CUP 15-03/CDP 14-29/HDP 14-06 — WESTIN HOTEL AND TIMESHARE — Request for the certification of an Environmental Impact Report (EIR 15-02), including the approval of Candidate Findings of Fact and Mitigation Monitoring and Reporting Program; and approval of a General Plan Amendment, Zone Change, and Local Coastal Program amendment to change land use from Public/Planned Industrial/Office (P/PI/0) to Visitor Commercial (VC) and to change zoning from Exclusive Agriculture/Planned Industrial/Office (E-A/P-M/O) to Comrhercial Tourist with a Qualified Development Overlay (C-T-Q) and a Specific Plan amendment to incorporate 3.6 acres into the Carlsbad Ranch Specific Plan as Planning Area 5A, and a request for approval of a subdivision map and non-residential Planned Development Permit to create 36 timeshare condominium units, a Site Development Plan, Conditional Use Permit, Coastal Development Permit and Hillside Development Permit for the development of a 71 room 4-story hotel and 36 unit 3-story over basement parking timeshare building, and onsite parking reduction of 12.9% for common parking on 3.6 acres generally located west of The Crossings Drive and north of Grand Pacific Drive in the northwest quadrant of the City within the Mello II segment of the Local Coastal Program and in Local Facilities Management Zone 8. The project is not within the appealable area of the California Coastal Commission. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7138 RECOMMENDING that the City Council CERTIFY the Environmental Impact Report EIR 15-02, including the approval of Candidate Findings of Fact and a Mitigation Monitoring and Reporting Program, and ADOPT Planning Commission Resolutions No. 7139, 7140, 7141, 7142, and 7143, RECOMMENDING APPROVAL of General Plan Amendment GPA 14-03, Zone Change ZC 14-02, Local Coastal Program Amendment LCPA 14-03, Specific Plan Amendment SP 207(K), Carlsbad Tract Map 14-08, Non-Residential Planned Development Permit PUD 15-01, Site Development Plan SDP 14-11, Conditional Use Permit CUP 15-03, Coastal Development Permit CDP 14-29, and Hillside Development Permit 14-06 based on the findings and subject to the conditions contained therein. PROJECT DESCRIPTION AND BACKGROUND The 424 acre Carlsbad Ranch Specific Plan (SP 207) was first approved in 1993. Carlsbad Ranch is located north of Palomar Airport Road, south of Cannon Road, east of Carlsbad Car Country and west of The Crossings at Carlsbad golf course. In October 2004 the City Council approved an amendment to the Carlsbad Ranch Specific Plan [SP 207(E)] to define the development of the approximately 53 acre Planning EIR 15-02/GPA 14-03/ZC 14-02/LCPA 14-03/SP 207(K)/CT 14-08/PUD 15-01/SDP 14-11/CUP 15-03/CDP 14-29/HDP 14-06 — WESTIN HOTEL AND TIMESHARE December 16, 2015 Page 2 Area 5 with a timeshare/hotel resort. That approval included 3 hotel buildings with 350 hotel rooms, multiple timeshare buildings with 350 timeshare units, onsite recreation facilities and restaurants to be used by both resorts as well as circulation and parking for both resorts. Planning Area 5 has been developing in phases. The completed phases to date include the main central circulation (Grand Pacific Drive), the main parking lot, several smaller parking areas, two three-level Sheraton hotel-room buildings with 250 rooms, a Sheraton hotel reception and conference building with outdoor pool recreation area, 14 MarBrisa timeshare villas with 172 units, a MarBrisa resort lobby/sales building, and two outdoor pool recreation areas. Revisions to the Planning Area 5 site plan and buildings were recently approved by the City Council and included minor changes to secondary circulation and parking areas north of the existing Sheraton hotel-room buildings, the addition of a new 17,000 sq. ft. resort center which will house a new lobby entrance with porte-cochere, conference center, 4,200 square foot restaurant, the elimination of a free-standing restaurant pad located at the Cannon Road project entry, and the re-configuration and expansion of the second Sheraton pool area. Revisions to the approved architecture include the introduction of four-story hotel and timeshare buildings with an overall building height of 45 feet. The project includes the addition of the 3.6 acre property, to the Carlsbad Ranch Specific Plan as Planning Area 5A, a subset of PA 5, the development of a 71-room 4-story hotel building and a 36 timeshare unit 3-story building over a basement garage. The 3.6 acre project site is located at the northern terminus of The Crossings Drive, west of The Crossings at Carlsbad clubhouse, and east of the existing MarBrisa timeshare resort and Sheraton Hotel. The site is comprised of a pad elevated above the surrounding development that was created at the same time as The Crossings golf course. On the western part of the pad is a de-commissioned 1.5 million gallon, 40- foot tall water tank which will be removed. Two buildings flanking a central passive open space area are proposed. The western most building is the hotel. It has a north-south orientation, is proposed with four habitable floors of hotel rooms within a 45 foot height, all rooms have a western view orientation, there is a central atrium lobby space, and it is topped by an outdoor roof veranda. The architecture is of the same Mediterranean style as the MarBrisa and Sheraton developments to the west. The timeshare building is located on the eastern side of the lot in an expanded "V" configuration also in a north-south orientation. This building is proposed with three habitable floors of timeshare units, the view orientation of the units are both to the west toward the central open area and to the east. The timeshare building includes a ground floor of tuck-under parking and the overall building height is 45 feet. The architecture is of the same Mediterranean style as the MarBrisa and Sheraton developments to the west. Approval of a habitable fourth level is contingent upon adoption of the proposed Carlsbad Ranch Specific Plan amendment (SP 207K) which includes the proposal to add this property to Carlsbad Ranch Planning Area 5 as a sub-area Planning Area 5A and to allow the fourth habitable level within the existing allowance of a 45-foot height limit. In addition, the Specific Plan amendment strikes mention of uses that were anticipated but not realized from the original text, provides some current clean-up text, and introduces new parking and setback standards for Planning Area 5 and 5A. EIR 15-02/GPA 14-03/ZC 14-02/LCPA 14-03/SP 207(K)/CT 14-08/PUD 15-01/SDP 1441/CUP 15-03/CDP 14-29/HDP 14-06 — WESTIN HOTEL AND TIMESHARE December 16, 2015 Page 3 Table 1 below includes the current General Plan designations, zoning and land uses of the project site and surrounding properties. TABLE 1 Location General Plan Designation Zoning Current Land Use Site Public/Planned Industrial/Office Exclusive Agriculture/Planned Industrial/Office Water tank/Vacant North Open Space Open Space Open Space South Visitor Commercial Commercial Tourist Timeshare Resort East Open Space Open Space Golf Course West Visitor Commercial Commercial Tourist Hotel Resort III. ANALYSIS The project is subject to the following regulations: A. Visitor Commercial (VC) General Plan Land Use designation; B. Qualified Development Overlay Zone (Q), Commercial Tourist Zone (C-T), Conditional Use Permits (Chapters 21.06, 21.29, and 21.42 of the Carlsbad Municipal Code); C. Carlsbad Ranch Specific Plan (SP 207); D. Subdivision Ordinance and Non-Residential Planned Development Ordinance (Title 20 and Chapter 21.47 of the Carlsbad Municipal Code); E. Local Coastal Program (Mello II Segment); F. Hillside Development Ordinance (Chapter 21.); and G. McClellan-Palomar Airport Land Use Compatibility Plan H. Growth Management—Zone 8 Local Facilities Management Plan A. General Plan — Visitor Commercial (VC) The project includes a request to change the General Plan land use designation of the site to Visitor Commercial (VC). The VC land use designates areas for visitor attractions and commercial uses that serve the travel and recreational needs of tourists and residents as well as employees of business and industrial centers. Table 2 below indicates how the development of the site under a Visitor Commercial land use designation complies with the elements of the General Plan. EIR 15-02/GPA 14-03/ZC 14-02/LCPA 14-03/SP 207(K)/CT 14-08/PUD 15-01/SDP 14-11/CUP 15-03/CDP 14-29/HDP 14-06 — WESTIN HOTEL AND TIMESHARE December 16, 2015 Page 4 TABLE 2: GENERAL PLAN COMPLIANCE ELEMENT USE CLASSIFICATION, GOAL, OBJECTIVE, OR PROGRAM PROPOSED USES AND IMPROVEMENTS COMPLY Land Use 2-G.10 Promote continued growth of visitor- oriented land uses, and provide enhanced opportunities for new hotels and visitor services in desirable locations. The project is the development of 71 hotel rooms and 36 timeshare units. Yes 2-P.23 Sites designated for "Visitor Commercial" uses should generally be located near major transportation corridors and proximate to key tourist/visitor draws such as hotels and LEGO LAND. The project site is located adjacent to LEGOLAND, the Sheraton Resort, and the Crossings at Carlsbad golf course. Yes Mobility 3-P.5 Require developers to construct or pay their fair share toward improvements for all travel modes consistent with the Mobility Element, the Growth Management Plan, and specific impacts associated with their development. • The proposal does not require improvements to the existing street system. Yes 3-P.38 Develop flexible on-site vehicle parking requirements including innovative parking techniques, effective TDM programs to reduce parking demand, and other means to efficiently manage parking supply and demand. The project includes a shared common parking agreement with the adjacent Sheraton hotel development. Yes B. Zoning — Qualified Development Overlay Zone (Q), Commercial Tourist (C-T), Conditional Use Permit The project includes a request to change the zoning of the site to Commercial Tourist (C-T) with a Qualified Development Overlay (Q). The project is therefore subject to the Qualified Development Overlay Zone Chapter 21.06; Commercial Tourist Chapter 21.29; and Conditional Uses Chapter 21.42. The permitted uses and physical development aspects of the project are governed by the Carlsbad Ranch Specific Plan. The Qualified Development Overlay Zone requires project review pursuant to a Site Development Plan (SDP). The intent of the overlay is to insure that development will be compatible with surrounding developments, both existing and proposed. The proposed project is a hotel and timeshare development similar in character and use as the existing adjacent Sheraton Hotel and MarBrisa timeshare resort. No special considerations or conditions are necessary to ensure that the project will be compatible with the existing development on adjacent properties. EIR 15-02/GPA 14-03/ZC 14-02/LCPA 14-03/SP 207(K)/CT 14-08/PUD 15-01/SDP 14-11/CUP 15-03/CDP 14-29/HDP 14-06 — WESTIN HOTEL AND TIMESHARE December 16, 2015 Page 5 The Commercial Tourist zone establishes land uses that are appropriate for serving the tourist community and their needs while visiting Carlsbad. The project is a continuation of the hotel and timeshare uses that currently exist on the adjacent property within Planning Area 5 of the Carlsbad Ranch. The hotel and timeshare project implements the intention of the zone by creating the opportunity for three separately branded resorts within Carlsbad Ranch that will serve different clients. The purpose of the Conditional Use Permit is to allow special consideration for certain uses to be located in zones other than those in which they are classified as permitted because of their particular characteristics. The timeshare component of the proposed project is subject to the review and approval of a Conditional Use Permit. Given the existing hotel and timeshare development within Planning Area 5 and the commercial tourist nature of the other surrounding development which includes LEGOLAND and the Carlsbad municipal golf course, there are no special conditions beyond those identified in Chapter 21.42 specific to timeshare projects required in the Conditional Use Permit necessary to achieve land use compatibility. The proposed timeshare development will operate in the same manner as the existing Planning Area 5 MarBrisa Resort. The following findings and support are required to be made to approve the Conditional Use Permit. 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 timeshare ownership provides one opportunity among many opportunities to achieve a form of land ownership. 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 timeshare condominium units are established as an encouraged and allowed use within the Visitor Commercial General Plan land use designation and the land use table for Planning Area 5 and 5A of the Carlsbad Ranch Specific Plan. 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. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the 856 Average Daily Trips generated by the resort property will be distributed between The Crossings Drive, Cannon Road and Palomar Airport Road. C. Carlsbad Ranch Specific Plan (SP 207) The project includes an amendment to the Carlsbad Ranch Specific Plan to add the 3.6 acre project site to Planning Area 5 as a subset (Planning Area 5A) and to include development standards appropriate for Planning Area 5A. The physical development of the site requires compliance with the proposed development standards of the Carlsbad Ranch Specific Plan: Planning Area 5 and 5A. As seen in the following Table 3, the proposed project meets or exceeds the development standards established and proposed in the Specific Plan. EIR 15-02/GPA 14-03/ZC 14-02/LCPA 14-03/SP 207(K)/CT 14-08/PUD 15-01/SDP 14-11/CUP 15-03/CDP 14-29/HDP 14-06 — WESTIN HOTEL AND TIMESHARE December 16, 2015 Page 6 TABLE 3 Standard Required Proposed Building Height General Building Elevator Tower 35 feet and up to 45 feet per Site Development Plan approval by City Council. Unique Specific Plan Standard 35-45 feet maximum 80 feet maximum 45 feet 78 feet Habitable Levels 3 levels and up to 4 levels per Site Development Plan approval by City Council. 3-4 levels maximum 4 Levels' Building Setbacks 20 ft. from Crossings Drive 20 ft. from eastern perimeter Zero from PA5/PA5A internal adjoining property lines. Setbacks from perimeter property lines shall be increased by 1-foot for every vertical foot of building height over 35 feet. 20 ft. 20 ft. Zero 10 additional feet 75 + feet 41 + feet 2.5 feet 21-55 additional feet Parking Setbacks 15 feet 15 feet 15 feet Parking Timeshare 344 Existing units 112 Conventional 232 with Lock-off 36 Proposed units 20 Conventional 16 with Lock-off Hotel 338 Existing rooms 71 Proposed rooms Restaurant 3,500 sq. ft. Existing 4,200 sq. ft. Existing Meeting Space 2,180 seats Existing TOTAL 7, 1.2 per unit 1.5 per unit2 1.2 per unit 1.5 per unit2 1.2 per room 1.2 per room 1 per 100 sq. ft. 40 + 1/50 over 4,000 sq. ft. 1/5 seats 135 spaces 348 spaces 24 spaces 24 spaces 406 spaces 85 spaces 35 spaces 40 + 4 = 44 spaces 436 spaces 1,537 spaces 135 spaces 348 spaces 24 spaces 16 spaces 406 spaces 40 spaces 35 spaces 44 spaces 291 spaces 1,339 spaces3 Lot Coverage 50% maximum 50% maximum 20.1% The Carlsbad Ranch Specific Plan allows for the development of structures up to a habitable height of 45 feet and four levels. The approval must be pursuant to a Site Development Plan approved by the City Council and providing that 1) setbacks from the planning area's outer perimeter shall be increased at a EIR 15-02/GPA 14-03/ZC 14-02/LCPA 14-03/SP 207(K)/CT 14-08/PUD 15-01/SDP 14-11/CUP 15-03/CDP 14-29/HDP 14-06 — WESTIN HOTEL AND TIMESHARE December 16, 2015 Page 7 ratio of one horizontal foot for every one foot of vertical construction beyond 35 feet; 2) The additional setback area shall be maintained as a landscaped open space; and 3) The building conforms to the requirements of Section 18.04.020 of the Carlsbad Municipal Code. Each of the 45-foot tall buildings is located further from the outer perimeter property line than the minimum 30-foot setback requirement for the proposed height. The minimum proposed setback is 41 feet from the hotel building to the adjacent open space lot to the east. The extended setback areas are predominantly landscaped with the exception of the 75-foot setback to the timeshare building which includes circulation and parking. All of the buildings onsite, regardless of building height, must comply with Carlsbad Municipal Code Section 18.04.020 which is the requirement to obtain a building permit prior to construction according to plans reviewed and approved by the City and after paying all appropriate fees prior to obtaining a building permit. 2 The Carlsbad Municipal Code Parking Ordinance (Chapter 21.44) and the Carlsbad Ranch Specific Plan designate a per-room parking demand of 1.2 parking spaces for all timeshare units and all hotel units. However, the original approvals granted in 2004 for the Planning Area 5 resort site included 1.5 parking spaces as a demand for each timeshare unit that included a "lock-off'. Therefore, for consistency, the "lock-off' timeshare parking standard of .1.5 spaces per unit with a lock-off has been proposed as a standard for Planning Area 5 and 5A. A parking standard of 1.5 parking spaces is assigned to the timeshare units proposed with a "lock-off". 3 The Parking Ordinance (Chapter 21.44) allows an offset of parking demand for integrated developments that have the potential of "sharing" patrons and thereby diminishing the actual demand for parking. The parking available to the Westin Hotel and Timeshare project includes both those that are onsite for PA 5A and all of the spaces located within PA5. A limit of up to 15% of the required parking may fall into the shared category of a Common Parking Facility. Also in consideration for common facilities is the number of spaces allocated to meeting rooms. Meeting room occupancy is in great part attributed to destination conference events which directly affects and is affected by room occupancy. Assessing the entire parking demand for both Planning Areas 5 and 5A, the proposed parking count includes 198 Common Parking spaces which is equal to a 12.9% reduction. Findings for approval of the common parking are made as part of the Site Development Plan. D. Title 20 and Non-Residential Planned Development (Chapter 21.47) The project includes 36 air-space timeshare condominium units and is therefore subject to the regulations of Chapter 20.16 of the Subdivision Ordinance. These subdivision regulations require the project to include street dedications and improvements (streets, sewer, water, and drainage) to serve the proposed subdivision. The Land Development Engineering Division has reviewed the proposed Tentative Map and has concluded that the subdivision of one of the buildings into timeshare airspace ownership units, as conditioned, complies with all the applicable requirements of the Subdivision Map Act and the City's Subdivision Ordinance. Cannon Road and The Crossings Drive are publicly dedicated roadways and no additional improvements or dedication of streets are required. All infrastructure improvements, including street frontage, drainage, sewer, and water facilities exist. EIR 15-02/GPA 14-03/ZC 14-02/LCPA 14-03/SP 207(K)/CT 14-08/PUD 15-01/SDP 14-11/CUP 15-03/CDP 14-29/HDP 14-06 — WESTIN HOTEL AND TIMESHARE December 16, 2015 Page 8 No standards variances are needed to approve the timeshare subdivision. Given the above, the proposed subdivision would provide all necessary facilities and improvements without producing land conflicts; therefore, the project is consistent with the Subdivision Ordinance. The project is also subject to the provisions of the Non-Residential Planned Development Ordinance since it is the creation of timeshare airspace ownership units. This chapter is the mechanism by which non- residential airspace condominium units may be created in conjunction with a tentative map. No special development criteria is established by this chapter. The project includes an application for a Non- Residential Planned Development Permit. E. Local Coastal Program and Coastal Resource Protection Overlay The project site is located within the Mello II Segment of the Local Coastal Program, but is not within the appealable jurisdiction of the California Coastal Commission. The site is also located within and subject to the Coastal Resources Protection Overlay Zone. The project's compliance with each of these programs and ordinances is discussed below: 1. Mello II Segment of the Certified Local Coastal Program and all applicable policies The project is located in the Mello II Segment of the Local Coastal Program. The project site is proposed to have a Local Coastal Program Land Use designation of Visitor Commercial (VC) and zoning of Commercial Tourist, Qualified Development Overlay Zone (C-T-Q) consistent with the proposed City's General Plan Land Use designation and Zoning for the site. One of the primary requirements of the applicable coastal regulations pertains to the conversion of agricultural land to urban use. The property is not identified as an active "Map X - Designated Coastal Agricultural Lands" site since a fee was paid with previous approvals for that portion of the property that fell within the area designated on the map and therefore, is not required to be preserved nor is it subject to an agricultural conversion mitigation fee. The project is further consistent with the policies of the Coastal Act in that, a) the site is geologically stable; b) the project has been designed to reduce the amount of runoff off-site through the use of Low Impact Development (LID) design features and has been conditioned to implement the National Pollution Discharge Elimination System (NPDES) standards; c) the project does not preclude any recreational opportunities or shoreline access as the property is not located adjacent to any waterways or bodies of water; and d) the development does not obstruct views of the coastline as seen from public lands or public rights-of-way. 2. Coastal Resource Protection Overlay Zone The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (C.M.C. Chapter 21.203) in that the project will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban run-off, pollutants and soil erosion. No development is proposed in areas of natural steep slopes (?_25% gradient) and no native vegetation is located on the subject property. In addition, the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction. EIR 15-02/GPA 14-03/ZC 14-02/LCPA 14-03/SP 207(K)/CT 14-08/PUD 15-01/SDP 14-11/CUP 15-03/CDP 14-29/HDP 14-06 — WESTIN HOTEL AND TIMESHARE December 16, 2015 Page 9 F. Hillside Development Ordinance Portions of the property have a gradient of fifteen percent or more and an elevation differential greater than fifteen feet. Therefore, grading and development of the site requires the issuance of a Hillside Development Permit. The Hillside Ordinance development standards are largely intended to direct the development of property with natural slopes, however, there are development standards that apply to properties that have manufactured slopes. This property was graded and a development pad created as part of the approval process and construction of the Carlsbad municipal golf course thereby creating a lot with manufactured "downhill perimeter slopes" along the eastern perimeter. As proposed, project grading cuts into the eastern half of the site to create driveway access, surface parking, and ground level tuck-under parking for the timeshare building. This design re-grades the site and establishes new downhill perimeter slopes and a new top-of-slope along the eastern perimeter of the lot. The re-grading requires an export of 14,610 cubic yards. The effect creates a building profile for the timeshare building, as seen from the east, of a four-story building and as seen from the west of a three-story building. Retaining walls are located along the eastern manufactured slope of the project site. The use of retaining walls allows for the preservation of more buildable pad area and eliminates the need to extend the toe of the new manufactured slope into the adjoining property which is a Habitat Management Plan hardline preserve. To the greatest degree possible for four-story hotel buildings, the project applies the hillside and hilltop architecture design principals of paralleling the slope contours and including roof slopes that follow the same slope direction as the lot. Development of the lot is subject to a top-of-slope edge setback relative to the onsite downhill perimeter slopes along the north and eastern perimeters. Those top-of-slopes are both a portion of the existing pad and the new outer eastern edge of slope established by the Fire Department vehicle access and driveway access to the parking garage. The top-of-slope setback requirement is equal to 0.7 horizontal foot for every 1.0 vertical foot of building face that parallels the top-of-slope. The timeshare building's eastern face is 43 feet to the bottom of the roof so a 30-foot top-of-slope setback is required and provided at its closest points along the Fire Department vehicle access. The Hillside Ordinance includes a provision that no main or accessory building may encroach over the top/edge of a downhill perimeter slope. However, if such an encroachment is necessary to fulfill the project goal and is designed to preserve and or reduce encroachment into slopes and open space, it may be allowed. The project has a unique grade change issue to be solved in that the existing hotel in Planning Area 5 must be connected with the proposed hotel in Planning Area 5A. A walkway and elevator tower is proposed for that connection and is designed to be cut into the adjacent north and northwest slope. The design of encroaching over the top of the slope for the elevator is less impactful to the slope than creating several cuts into the slope for an ADA compliant ramp. G. Airport Land Use Compatibility Plan (ALUCP) The project site is located within Review Area 2 of the Airport Land Use Compatibility Plan (ALUCP) for the McClellan-Palomar Airport, it is within Safety Zone 6, and the southernmost part of the project site is located within the 60-65 CNEL noise contour. As stated in the Airport Land Use Compatibility Plan for EIR 15-02/GPA 14-03/ZC 14-02/LCPA 14-03/SP 207(K)/CT 14-08/PUD 15-01/SDP 14-11/CUP 15-03/CDP 14-29/HDP 14-06 — WESTIN HOTEL AND TIMESHARE December 16, 2015 Page 10 McClellan-Palomar Airport (ALUCP), hotels are conditionally compatible uses in 60-65 CNEL noise contours. The interior noise level must be attenuated to 45 decibels CNEL, however the outdoor noise level is acceptable for associated outdoor activities, pursuant to the ALUCP. The project is conditioned to comply with this requirement. A noise analysis was conducted by RECON Environmental, Inc. for the project dated April 30, 2015. The report indicates that the principal noise source impacting the southern portion of the site is McClellan-Palomar Airport, with additional noise contribution from Palomar Airport Road. The southern portion of the project site will be subject to exterior noise levels of less than 65 dB CNEL. H. Growth Management—Zone 8 Local Facilities Management Plan The proposed project is located within Local Facilities Management Zone 8 in the northwest quadrant of the City. The impacts on public facilities created by the project, and its compliance with the adopted performance standards, are summarized in Table 4 below. TABLE 4— GROWTH MANAGEMENT COMPLIANCE STANDARD IMPACTS COMPLIANCE City Administration N/A N/A Library N/A N/A Waste Water Treatment 81 EDU Yes Parks N/A N/A Drainage 73 cfs Yes Circulation 856 ADT Yes Fire Fire Station No. 5 Yes Open Space 0.25 acres Yes Schools N/A N/A Sewer Collection System 81 EDU Yes Water 20,100 GPD Yes At the time that the Zone 8 Local Facilities ManageMent Plan was first adopted and subsequently amended the site was designated as Open Space and was not considered in having any significant demand for the improvement of infrastructure within Zone 8. With the approval of The Crossings at Carlsbad golf course, the project site land use was changed to industrial use and the appropriate facilities needs were conditioned to be constructed concurrent with that development. Currently, all of the community infrastructure located within Zone 8 that would require a contribution from the development of the site as a non-residential project, has been completed including street improvements to Palomar Airport Road, Cannon Road, Faraday Avenue, and College Boulevard. Development of the site with a 71-room hotel and 36-unit timeshare does not create the need for new or expanded infrastructure and is therefore consistent with the existing Zone 8 Local Facilities Management Plan. IV. ENVIRONMENTAL REVIEW An Environmental Impact Report (EIR) was prepared for the Westin Hotel and Timeshare in accordance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the Environmental Protection Procedures (Title 19) of the CMC. The EIR addresses the environmental impacts associated with all discretionary applications for the proposed project, including ultimate build-out of the entire EIR 15-02/GPA 14-03/ZC 14-02/LCPA 14-03/SP 207(K)/CT 14-08/PUD 15-01/SDP 14-11/CUP 15-03/CDP 14-29/HDP 14-06 — WESTIN HOTEL AND TIMESHARE December 16, 2015 Page 11 project. City staff issued a Notice of Preparation (NOP) on April 7, 2015. The NOP was distributed to all Responsible and Trustee Agencies, as well as other agencies, and members of the public. The public was invited to comment on the scope and content of the EIR. Three responses were received regarding cultural resources. Modifications to the project and mitigation measures were implemented to address the comments received. The Westin Hotel and Timeshare EIR analyzed the following areas of potential environmental impact: Aesthetics Air Quality Biological Resources Cultural and Paleontological Resources Greenhouse Gas Emissions Hazardous Materials, Airport Safety, and Wildfire Hydrology and Water Quality Land Use Noie Public Services Transportation and Circulation Utilities and Service System The Draft EIR includes sections required by CEQA including an Executive Summary, Project Description, Cumulative Effects, Effects Found Not to Be Significant, and Growth Inducing Effects and Alternatives. Alternatives are considered in the EIR including the "no project/existing General Plan" alternative, a "no project/no development" alternative, and a reduced development footprint alternative. On July 21, 2015, the Draft EIR was published and the City notified interested Responsible and Trustee Agencies, as well as other interested agencies. The "Notice of Completion" commenced an initial 45 day public review and comment period expiring on September 8, 2015. The "Notice of Completion" advised that the Draft EIR was available for review at four locations: the City of Carlsbad Planning Division; the City Clerk's Office; the Carlsbad Dove Library; and the Georgina Cole Library. Complete copies were also available for purchase, with or without the appendices and on CD, through the Planning Division. The Draft EIR was also published on the City's website. The analysis contained in the EIR concluded that all significant impacts would be mitigated to below a level of significance. Three comment letters, all of them pertaining to onsite cultural resources, were submitted in response to the public review period. Responses to the comment letters were prepared and mailed to the commenters. An alternative "Caisson Foundation" project was created in response to the comments and is the recommended project. The alternative project introduces a caisson foundation for the hotel building which creates a floating platform above the ground surface versus a spread footings foundation that is cut directly into and formed on the ground surface. The advantage of using caissons, is the reduction in physical disturbance to the ground beneath the hotel building. EIR 15-02/GPA 14-03/ZC 14-02/LCPA 14-03/SP 207(K)/CT 14-08/PUD 15-01/SDP 14-11/CUP 15-03/CDP 14-29/HDP 14-06 —WESTIN HOTEL AND TIMESHARE December 16, 2015 Page 12 The response transmittal letter also provided notice of availability of the Final EIR. The Final EIR includes a Mitigation Monitoring and Reporting Program (MMRP). The MMRP is also attached to the Planning Commission Resolution No. 7138 for the EIR. ATTACHMENTS: 1. Planning Commission Resolution No. 7138 (EIR 15-02) 2. Planning Commission Resolution No. 7139 (GPA 14-03) 3. Planning Commission Resolution No. 7140 (ZC 14-02) 4. Planning Commission Resolution No. 7141 (LCPA 14-03) 5. Planning Commission Resolution No. 7142 (SP 207K) 6. Planning Commission Resolution No. 7143 (CT 14-08/PUD 15-01/SDP 14-11/CUP 15-03/CDP 14- 29/H DP 14-06) 7. Location Map 8. Disclosure Statement 9. Reduced Exhibits 10. Full Size Exhibits "A0-A17", "C1-C7", "P1-P2", "I1-L7", dated December 16, 2015 city of DISCLOSURE STATEMENT P- 1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.ca dsbad ca.gov Carlsbad Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed, Please print. Note: - :s_ Person 15 defined ai Ariy individual, firm, co-Partnership; joint venture; association, social club, fraternal organization, corporation, estate, trust, receiver, syndicetejn this and any other county, city and county, oity-municipality; _district or ether political subdivision, or, any Other group or combination acting as a Unit? Agents may sign this doeulnetil tpwgyeri tILe legal ,name ar(d entity of the applicant and property owner must be provided below. " " • - 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. lithe 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. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers, (A separate page may be attached if necessary.) Person Tim Stripe/David Brown Corp/Part Grand Pacific Resorts ve Co Presidents Title Address 5900 Pasfeur CI, Ste,200 rlsbaci, CA 92006 Address °° Pasteur a Ste:200 Carlsbad, CA 92008 2, OWNER (Not the owner's agent) Provide the COMPLETE, LEGAL names arid addresses of ALL parsons having any ownership interest in the property involved, Also, provide the nature of the legal ownership 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 (N/A) IN THE SPACE BELOW, If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary) Person Corp/Part Title Title Address Address P-1.CA) Page 1 of 2 Revised 07/10 Si ure of applic .NOWPROHT ORGANIZATION .0R.TRU8T If any person. identified ptirSuant to (1) er (2) above. IS a netiOrefit oroarftation or a. trutt, list the names and addresses. of ANY person serving as an Officer or director of the non- Prefit'organitation or as trustee or beneficiary of the. Nat Profitrirtist Non.Profitrirust Title Titie -Address: Address. 4: Have yOu had mote than $500 worth of business. transacted with any Mernbar of City staff, Boards, ComMissions, ComMittees andtpr Council within the past twelve (12) months? Yes If yes, please indicate Person(s):: NOTE: AttwhaddittOnai sheets if necessary, I 'codify that all the above information Is true and correot.to e best of kn clge. Steve Sar kozy Print Or type nate -of owner Timothy Stripe Print or type name of applicant Signature of ow -eriapplic .n ag nt iapPlicahle1d.ats Print or type name of owner/applicants agent P.-1.(A) PeS2,611 Rpyls.ed 07/10 Lot 9 ARCHITECTURAL CIVIL A-1 PROJECT INFORMATION C-1 CIVIL TITLE SHEET A-2 ATE PLAN 0-2 OPAL SITE PLAN A-a HOTEL BASEMENT FLOOR PLAN C-3 TENTATIVE MAP A-4 HOTEL FIRST FLOOR PLAN G-4 PRELIMINARY GRADNG RAN HOTEL SECOND FLOOR PLAN C-6 PRELIIRINARY UTILITY PLAN A-0 HOTEL THIRD FLOOR MAN C-6 TRUCK TURNING MOTIONS A-7 HOTEL FOURTH FLOOR PLAN C-7 PFELIMINARY WA'fER auAtrrt PLAN A. HOTEL ROOF PLAN A-0 HOTEL ELEVATIONS A-40 HOTEL ELEVATIONS . PARKING SUMMARY A-41 TIMESHARE EARRING GARAGE PLAN A-ID TINESFIARE FIRST FLOOR PLAN P-I PARKING SUMMARY A-13 TIMESHARE SECOND FLOOR PLAN 14-2 PARKPIG SUNIAANY A-44 TIMESHARE THIRD. FLOOR PLAN A-ID TIMESHARE ROOF PLAN A-R TIMESHARE ELEVATIONS LANDSCAPE A.47 TRIESHAFE ELEVATON6 L-I LANDSCAPE coucein PLAN L-2 LANDSCAPE CONCEPT PLAN - NOTES AND LEGEND L-a LANDSCAPE CONCEPT PLAN - NOTES AND LEGEND L-4 WATER CONSERVATION IIAN L-S WATER CONSERVATION RAN - NOM AND LEGEND L-6 FIRE PROTECTION PLAN L-7 FIRE PROTECTION NOTES AND LEGEND SIGN PROGRAM G-1 SUE SIGNAGE Development Carlsbad, California Development Permit P-2 Legislative Permit P-3 Hillside Development Permit P-5 28 AUGUST 2015 IOTA bay aghi ! KUM t SI ,,dln 7 :4"4'. PROPOSED DEVELOPMENT ate. Ake CMOMMOMAT OTITOFTWOL =U. 011/1•2 LF/P4 HOP /P4 MALOOR PIMMACION POO.F.Cr %Me LOT O OITAILOPLMR BITE WOES MOE 330280 01:0.1008 abt 80 0* 'anew oFFsnx eAs.aur mud) MT MIEN asj 0005 80 RAM AO. DE01.704 LTILE CNOSIMMS LOOM DIS1121M0 /AEA 2AB /COM PACACSED BLALOOM COVERME: 051100 r0nr-,110 F0011717417 2292s PRECOSEL: IMOSC.VE 00.1240: AM. ASMTMEMS P0001 1115)0* 011.00.01200 212171-02 OLISON2 =OVA 111-01101 1-0 ;SCRAM ...WEI 212.271-02 NMI> OLMOMO OMAN. /0/RES I800110 &NM 2I1TES•07 0A0•0 COMMICIAL TOMIST OUILMED 00111110 00* UNLIT. 0-00 000000. TOMIST MTH OLKEIED *800.07 00* MOW OLNOLN. 800100 MOM. VA LARMIED owpa 218-E/1-02 NO RAMC ESAISIMI. /OTEICE I IMAM MARWICK PIT0POSE0 011801 00828* OLSKOMIrM 21101.02 TR INANE ROWATON OOLIMRCIM. 10-4/002 TR IRAVEL 1111012MIO2I CCAILMACIN. IMMO LARD UM VACAIRAVAILEN TAO MOM= 0/80 (880 ROM NOM 21O100000 LOT CLATSTIMIMI MOM /MAO., TOM TAMER OF LOA 21010 10000010 1101M1* MIL ENONET-MM2LESGON200.CA EIVIRMAC BEE aiy.0143 MALY. IMAM ITraftMOH 2820 Cf GRLSO40 CELMSTIONT SEM ORME Ciff 00 0,001120 MTN ONITIECT CJALSMO 4000010 ONDOCT 2000. 11280 CAOLSMO LATIO 001* 0810201 013 11E01110 Sal 0E00 OW MO CAGING MORO* Call GMERECATIOM APPROXIMATE MM. FOOTAGE *00 84. • SE. MOTEL LIM MILO. UR QUANTUM AMIOMIATE SOLVIII RATAN 1231E. TILMIR MOO AR IMSIMEN( AM IA 70TAL MOTEL SCAM. POOTA0123. KIM SA APPROMMATE 70(AL R1O.F.CT BULOILLO ANEW NUS, SY. • ROM TOMS RIORM AMMO MLR EXCLUDES WIMP ROACC.S. RITIOS.TAILITHO 10110M0. SIMS PIO EIMATOM NOTTS CM. EMENIEREM ROM t ALL 1801138E413 0010 18 KR MT 08 80.1820 STAIOARO 0007VII011 MO COTOO MOIMAL IEVELEMS. • MS MOW IS A COMOLMEM OL110.1116101OFCT OSMILO ELRIVA10/ MOE MC11011 MOE TM al COOL • • RE1101 10 THE Cm. 01011M0001 EMANIOS AHD TO THE MM.! MIR 011.111011 FOR MT LOCATOR Cf TOT MI5 MO TIE MAIONLIATE 0•MISIMIS MT ARIA Of EMI TM L. MS AIMEE! IS ERMOSE0 TO DEVIRMIED II LIMMILIMI 10 MT 041. 0.01,00003 0001004 MO TO 1HE 101M01 OFMMOS TOR ME LOCATC0 Of FM MRS 01•01 /afr TWTMEM PROTECT ETMES BAT NOT NEDISMALT PROMO IMMO MOVIRICIL S. PM MURES DOM ol AMUCA11011 AM UN 0 ARE P0*0900 EN AfFUMITOMES1001 0011 WIT COMM 10010008*81* 0800 01800 • TIE 111000100 MOJECT SPE HOT UHOIM/C•Mig 201010 ORCINVECE *00* 0.01* 1. AVIA TO 114 MIL EIMIRMAKI ORMI1103 RIR THE LWOW 00 8012800 • FIMMIHT SRUCIOne Mr. 0701 1113MFIFf F. MEM TO 116 CM ENZIKEEN21 RYI TAMERIT UMS. IL MU 10 OM COM RAIMEA m002001 700 1000 TOP AM EOTTOM ELEIRROM Cf AETANANCI AYALA. 0. MEM TO THE COM AMMIERWO 0/VOML7O FOB STRFAT 710 U0.071110101000 ROM TO AR Chl ENGINELOMM OMMINGS 000 101 1080205 00 TIM OMARIVOR WAILES. a. MEER TO TRE MAL 0020002.70 ILMMOOS 1.1 003070 OTOMTM FrOMMICEL 0810880 *400 t OISTMCIS MAIM 11,L0NOS (Ai 0007del0.eknera..11,11 NOT SE LSSS PUN 22, 2. ML INALOI EM210SM213 WEL IFF7 EN0941000 STMMAMS 01 00 CV OP VARMINT AS DESMOND 24 ME SUNRIVEMIN. (11.1.4. MILIO 442040./0I01017E AR•LYAIRSLIKINITIM INIEHOSIO 10 100100 TRIM COMPACI1011 DOLMA MIN MT IWO= RUMS MIN INMEE TR TOM 0•1001 OF 111•01 0.0.01UMS IMMUMCUT THE SOL 140101M TOM • TEMA TO 1.00001111 011010110 'COME 10000.4 OF An /AMOR v1101011101 MCWOMO Mara ME MO Tol • 001 10 LWOW( 000001 TOR MIMED IMMEAM ZONES MO MIER CCOMPIATION MAL 0. 18010 10 LAIMCNE MIAMI RIR LOCATION 08 0* 010100101000$ EASED COI Low.. OF MOL440 0.111MICI. 4. KM 10 0008004 MAIM TOO WOW/ AHD HARDSCOSI PROMATION. AMLICANT MULIOIMOLIO Onotl Nab Aseete..... MOO PALMA COMTIALOW 00008100 00 COMM MOON (OBOE /HOMO AMMLO IELEMOSEMOMM-OSCO 021171*MIIII 000100141010 ALAYAGFILi ARCNOICTI Italt=.1:,7•°"'" ..,-,...,......... 220 M77(NOI AVE,. MO OVILOMO CeL02010 AM 1030.00 920 OLORACO MU. OOLFALMI (XAMACT: CILlit MAMMA.. 1103.02.170.202-1. 11.1k1,0111:1m2-222-Au2 COIL ENONLEONG AMC SU800I0E0 Mit EmlnesOm MO /RAM SIALET £101000. 00 92029 CONTACT: WM MN 7EI1ENBNO720-246-811 010TE00IC0L OLOPMESt MOO. IOC us. C SAN 0801000 8120 COPRAM AMA VALETS TELEPIMMERYSTARKE LMO:SCAPE AMICK, NM WAKES STNEELSOML SAN MOO. CA WO: COMAGO MCMAM NATO TESOMOBEL OSHSKOSS TIMUNIART EMS MIMS TUESIAIIE MOM ONV.AF MS RUMMER SS MIS TOT TILIA WHAM EMS ECM= VICINITY MA P REFERENCE SITE PLAN 1111 ROOM IMATOM EMMONS FOR WPM MOLINMEMPT TMULMIONE ci] 0 ISO 200 400 INFORMATION , PROJECT Lot 9 Development CARLSBAD, CALIFORNIA Grand Pacific Resorts, Inc. ARCHITECTURAL SHEEf A-,1 OF 17 K Sludlo • Mom •MTV. • TARR* MEV, D•14, EIT AU0 EOM I14)111 N* Aden WM 77777ATTITNIT4TV-AT III 7r4ET :a • TAMENIEM7, T;',,tt•TLYS2•1727,4=2.alffillilliMMEMEMIM J MOAT MO 030910611100111 ot 9 Development CARLSBAD. CALIFORNIA Grand Pacific Resorts, Inc. 2I1 AUG 2016 frolstr Raabe,: 54150 lanriMWTTZWEIMIMMENIKer^"•-r-. 130 f.,.0:5*3 & 1, .11 L 0-I4,1 3.1O "33 1 KITAbayashi : • 4-....-• : FOM:41.70Aar.:4 !:: i 116611.06 16i11 1000133 Monies APT3o033TE 01331111. uMS erAKAAII ACDTAGE• 111.01.90 31 3 *LIFO 53. TOTAL WM ss OF LOCK-OFF 111000 110TEL 116111 114T A100001116 ....Tv MUM. roome• 101, TWOS MOO U. 039307 IV 3t00 && TOUIM MUMS 1151005. OP /NO 01/PC HOP /1,5 PA0K130 OMVAM 1116160.01 FACIIMES 1116 VOMIT 061006311 01631113 MAN FOOTAGE* MOM WARS VA A WM OP. STOW! PAO 0.10.41043301 MOM IA I 00 55 101.011 214533 .1031E: Mrs. 1.111..1131111010..=41.340.1.0=04.6141334110. ITS PUN Na I. woo To yrs O.t 044101510 romper Poo To BE 11.1.13110 054116 FOil 10001301 OF LOT WV MO 1 If APPROMMTI 0140300 MO AMA OF 001 LOT. Na1. 10 1110.140014110 0163001 F00 01*11/111 0*05. I. NAG 10 TV .1. 1110.1011310 01331105 'CA 10501010 410 TOT MO BOMA 133611061 OF 40110461 WAILS 4. NM 10 BE CAM 11131111111110 0133111113 FOR $11117 010 VIUTI 1110116610.1. & Na TO DE PM 013.3611110 01304166 FOR TIE LOTA0011 Of FRI 011311011/11 VI1J1118. L AMP 10 116 Chl. 61406031611 E000. FOG 01111310 A00 00.1014011 144111161106 7. moms MGM 01313303 1161.1033.1.1.1141110 010/306 GU NOT VI LEVI GOV 90. L PAL 1113111 04303.1113 Ott LEFT TIE EN0046610 64103003 OF MG C31 Of WM. AG C130160 0 TO SUIREVOMPL MILIIA031 mos-. OMIT 4-00.40.113603.16 31103433.0111016 0110110113 TO FROMM 13.614 03661641 IMAMS MOM 111E FM:0011110 MOM 1/1001 TELL 111110411 BE TOTAL 15.1411. OF TRASH 16303136311410101436116 1111. I. *45 10 LNOMAPE MUT= FOR 04 1.011411011 5100. 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CALIFORNIA Grand Pacific Resorts, Inc. 01 81.101 2081 Prefers limber: NCO ,s7affaifftelmokr / KrrAbavashi : NM t Studio : ....—.,.. : • ...".• . • AN,A• • '-Al'- RAMIREN.ii HOTEL ARCHITECTURAL SHEET A4 Of V ZISWELIgrr WITH -ADULT POOL WITH SPA - FOOL DECK FOR SUNNING! - VIEW OF OCEAN BEYOND - FIREPLACE ELEMENT 5.1151 BEATING - POOL 8E811'100MS 2LOGITIO RESORT CONFIFOCE CENTER BELOIN---> FLOM PINS 11011111 1. Mr TO LANDSCAM IIDEEIIRJDI FOR IVILKIIIA? AND HAPIDIMPIPE INFORM/410N. 2 DEFER TO LANDSCAPE DRAWINGS FOR TYPICAL WALL AND FENCE DEEM!. A REFER TO SFLE PIAN FOR BUILDING SONARS FOOTAGE SUMMARY FIRST F LOOR PLAN HOTEL ARCHITECTURAL SHEET A4 OF 17 Lot 9 eve 1 opmen CARLSBAD, CALIFORNIA Grand Pacific Resorts, Inc, Diu, 20 AUG 2010 roPer Nnelber: 14160 XYTbavesIoi : SIII HIN 350 Elet•Alh A r6IttPrOlIrr.'S .046 1.1.003 an, NOIES B. 119,64 TO IANOSCAPE (31.11499 FORWWI 5/.10 HARI130.50 INFORMION. 2. FILTER TO LANDSCAPE DRAWINGS FOR TeFICAL WALL AND FENCE DESIEK 3, FIEFER TO SITE PLAN FOR BUILDING SOURCE FOOTAGE SADDLER, RoPOSED FLOOR P. PEFLECTSigarrle. PLANNIN: r gratki. . 146, ELliVATO ITTE 02 SECOND F L 00 R PLAN HOTEL ARCHITECTURAL SHEEr A-3 OF 17 CARLSBAD, CALIFORNIA Grand Pacific Resorts, Inc. YrsJed Number: 1030 Daic 28 AUG 2018 KFFAL—vasili E.. Al • slu A tO • • M.! • .rdr. • ...W., eve op men 1 CARLSBAD, CALIFORNIA Grand Pacific Resorts, Inc. Dole: 20 AUG 2005 P poJoot Z, .111,11. evelopment hav MEERG a10 d !C. AODpSO !.n..e=iiralkaiajg • FLOOR PLAN MOTE. 1. REF. 10 LANDSCAPE ONALM213 FOR MAW& FOR 111.11EOCAPE INFORNE11018 P. REF. TO LANDSCAPE GRANANGS FON TRICAL WALL AND FENCE COIGN. REFER TO SEE P. FOR BLUING SQUARE FOOTAGE SLALOM, visfRgweiwo emrippro EJ THIRD F L 0 0 R PLAN HOTEL ARCHITECTURAL SHEET A-8 OF 17 FLOOR PUN ROMS 1. REFER TO VAIDSGAFF DRAMIEG FOR WAIXIAV 500 NA11661TADE INK:8MM Y. REFER TO UNOSCADE DRAWN. FOR TYPICAL WALL AND FEN. DESIGN. 6. DEFER TO STE PLAN FOR HAMM SQUARE FOOTAGE SUMMAR, imygEED FL '767'01.4 0018617=OVIIERVUDAW Pam "VgionELEAMAjle NEN rrrE 32 FOUR TH FLOOR PLAN HOTEL ARCHITECTURAL SHEET A-7 OF 17 .KFI'Abayashi De Iv d I Ao EleV.11. Awn. 616: "8.3.1..06"nr.666jell • L ot eve opment CARLSBAD, CALIFORNIA Grand Pacific Resorts, Inc. Dale. 20 AUG 2010 Prolso Number: 14150 POI FYN NOM ,11101 SO On MOS ITO 1111110.1 WYK !WM MUM, =MIT reraMILIVUX.m"" 'FroforeTI.,nflittM 111011 PONTIONS OF CO RUM 114.1 F. ACC, AMA SPOJATOlt APFROOVAIE SOIAL FICOF Mak VOX 6S. IMICONTE O. OF A.SCHSICTLA. SISSOMTO AP:FinCTIJOst. WNW'S AS A OF Poor APFA O Dao.: ALP3 805 00101 Mk,, NED AltMa" -,SratTED74- • ri.uppieggio 0 6 is 52 ROOF PLAN HOTEL ARCHITECTURAL SHEET A-S OF 17 Lot 9 Development CARLSBAD, CALIFORNIA Grand Pacific Resorts, Inc. LONE. .222011'.- WEST OAP. 00010:05 110110 T Wel TO WN011( MOMS FOb 000010 00010.100 0000011001. 1 TOM 10 1.01011.111 01101010 a. TuiTO*TOML Me FHIS. 0161401. I. RIM TO Ill PM FOR DAM MANE FOOT/ifi &SWIM 11/10010 01011111 InfinaR:46 NIERIEFallel N10010101 01,01110101 10100010 MORN WO 1001 WOW. ,011019 1100 0/11.00 —00,1E0 00111 P1A1101 111011 1 r—NTC/10 01100 /01101011 0.10101 -maw WATOM MO WPM 7 , , , ' 7. MEW LCI111057' lir —11r71117-17--Am Ir.. *Taus170101,1. MONO +118017",1:- 1110.0. *NNW— 0 aft% De. a ALP YOB 0 8 48 10 ELEVATIONS HOTEL ARCHITECTURAL 1311EU AN OF 17 1 KITAbal ashi : MUM ! studio : • IT....., . • 1001.1. .7. -10,11 riazez. ;a : EAST Lot 9 Development CARLSBAD, CALIFORNIA Grand Pacific Resorts, Inc. Praged Moir. 10M 'FIRPJONI.W.1* • aileatINAMMILMIMAWI I.INSITERAINIAMERT° " 0)1MIIBO *1111 Lot 9 Development CARLSBAD, CALIFORNIA Grand Pacific Resorts, Inc. Dann 28 ALS 203 Infra Moak.: 1010 771•07177,7-71-*-0 Xr7O11.n.11•11030,7' ILLONN ammo... Mlle SOUTH =II 10 INFLOW DORMS FOR WALMOT MO NVOSCNT PN0001Ol L 10 INI1BCAPE ORONO FOR 110.1. ONO NO MCI 0190I. L 1MM TO WE FUN FOR MEMO =ME FOOTROF SWANN MRWMINF 10 LORTS:2 P=Onrirle"a WaRgradaLOR MOROLL INFMNISN 1000000 .numaammimmw-- IONS OF OLORKOL 7.Enfir assimirage 10 MI 024.51eff 01111 NORTH ELEVATIONS HOTEL ARCHITECTURAL SHEET A-10 OF 17 1.1TAbayashi Studio : • R•alw • ••••• • • 1/•••••• • • f•••i• • He Oft* Mee r•••=1IMMIZIM \ DOOM 05504150 005 PUN NOTES FIFFER TO LANDSCAPE DRAWINGS FOR MIAOW/ ISO HAPODCAIM INFORM-Mt REFER TO LANDSCAPE DRAWINGS FOR TIPICAL WALL ANO FENCE 0E810. ER TO SITE PLAN FOR BUIL01. SQUARE FOOTAGE SUIAIMRY, ORATOR FLBATOR MODE MOM \E] 1-116 OF HOTEL MUM AVIS PARK ING GAR AGE eve CARLS-BAD, CALIFORNIA Grand Pacific Resorts, Inc. TIMES H AR E ARCHITECTURAL SHEEr A-11 oF 17 KITAbavashi : S;t:d1 opment 0.pitr• Da,: 20 AUG 2015 Pm*, Mother: 14150 • . . TTT..r 31131311 PIM NOTES 1. 0110101910 LAIJOS.0E 133/431433 FOR MU00. NO 13111318.33 11443311331014 22,2 TO LANDSCAPE DRANANGS FOR TYPICAL mu. AND FEN. DESIGIL 3. REFER TO SI. RAN FOR BUILDING SOUP. FOOTAGE SUMMARY. 4. THE Pria, Nair 301311 TO SHEET A-II FOR PARKING GARAOE. E] 0 8 16 32 RECREATION AREA 001111 FOLLOVANG AMENIT1812 - MULTI-USE PAY/He /TURF AREAS - EHEESTANDINO TRELLIS FIRST F L 00 R PLAN TIM ES H AR E evelopment CARLSBAD, CALIFORNIA Grand Pacific Resorts, Inc. Dam 20 AUG 2015 Prof. Nanilocr: 13130 ARCH IT ECTURAL SHEET A—ID OF 17 : DII6II05II SilodIll 58205 5882 MOTES I. WEIR TO LANDSCAPE DRAWINGS FOR 86210500 880 WIRIMAPE INOPINIEN. IL REFER 70 LANDSCAPE IENVENGS FOR TYPICAL WALL AND FENCE oasraa. a. REFER TO SITE PLAN FOR BUILDING SOWSW FOOTAGE DIESSAFEL V91,t `18EpPnfer RECM 6 HERR TO SNE .SECOND FLOOR PLAN TIMESHARE ARCHITECTURAL SHEET A-18 OF 17 KITAhArr:Rhi 8 A! ot 9 Development CARLSBAD, CALIFORNIA Grand Pacific Resorts, Inc. Dan: 28 AUG 205 826 Prem.: Mambo., 14152 15001 NM NOM L fl 10 MUM! OW0108 POR MANY 011, W1 WOTC.L I1M110 Mame moan amen. ay. ma Mel MM. L I 10 UM PUN TOR KUM MMAI KOMI WILAWL A WALL SUBJt vrengir r r • L ReL110 NNW MI NMI MIME OWL THIRD FLOOR PLAN TIMESH AR E Lot 9 Development CARLSBAD, CALIFORNIA Grand Pacific Resorts, Inc. Doles 10 AUG 2015 Pro/del Nombre: 1030 LW:TPi.l kL5 ARCHITECTURAL SHEET A-14 OF 17 11. 'Kr rthe=0 .1n7,71 • • Po•••4 • VA Ofd2 . F.M.11,47.4.7 IOTA= 111771117 • Lot 9 Development CARLSBAD. CALIFORNIA Irrlaci Phober: 20 ma 2001 FLAMM.. a a'r vCr-am t. etxt1.-,4_, • • • • I I ...... N•••• 11.3 s,.,),A="47:7770.4r *2-11.71-. 1—rirrrrIT:MMERIENE J Grand Pacific Resorts, Inc. POO"LNI NRU L 1800110 015 PUN fOR 2.32O 301.10A8 MOM< maw, AAge= 55a0 532 ..1%,>20=4%.=!SiO 'NT MILVAL.11=46.UNit P0/010.51 01,111111.0.0•10 1103 0005 MIA MUT. Al.1.1130.0110TAL 0008 NW* IMO LP. PRI5308111 MirrA MCPCIECRIIK ELE50111t L110 (58005825aa 1, 01 100* ARM 7 • \E] ROOF PLAN IMES HARE ARCHITECTURAL SHEET A-NT OF 11 000151 15500 /IMRE Rums NATTER MIME METAL RAIUNG MAME REVEAT RITE RECO VAMETMIED GIAJLAINO CONCERN MOLD 3 IMEA COTTA COLON P151115 150 FRME simULMED =NE ....larNEMENIMUNANNOM- esd ' NMUUME3 10000 150 SLOE POOP MNEGMEO TERM COMA 10.013 somiATEO COWETE CULL TRELLIS ACCENT 10.151 /10000 PLAsTER MENEE METAL mtlea MENATED m1551 _•-•--.-/—mamisfamultn+ - - _ scAMPOI USE OF WWI 010005 IOTA bav ashi L'• studlo SOUTH NORTH MALCOM MOTETS t MEER To LANoscARE DRAWINSE TIPS WMEWAT AND NARDRONM NOCEMAIMN. E. REFER To LANDscATE ommios FOR TWIG. WALL AND FENCE DESMN. REFER TO SITE PLAN FOR WILDING SQUARE FOOTAGE SUMMARY. ama Pe. 5. ZURn-18.71VFLY21F 000A1000L '"'""`" glarkaaalaTigre'011 &UM,' LtES,LAilAirf afa TO II 03116MIENT WEN ELEVATIONS TIMESHARE AFICHITECTURAL SHEET A-18 OF 17 eve opment CARLSBAD, CALIFORNIA Grand Pacific Resorts, Inc. Da.. 28 AUG 2015 Pr4et NomInv 14115 WEILER =Rif COLOR /WOLK GAMER 1511100 MEM. MINS — 11E0 ROOF MOWED IBM COTTA CUM RATER REVEAL PRIMO 111110011 RIME a/WM CONCRETE MOLDING MEWED STONE — PIASTER MOO WINOCNI RECITE MIRO IfiETAI. MIRING liDARIALED STINE COLOR /11541U116 FLAMER num woor WaIRIGIREO MIR COMA COLOR CONOILRE 4q" ririB ,1771171 \ —LI OF PARKING "IOP CF:21.,54. __WILER/L.Bfa54). lign Siudlo: 3no El ............ /122 •••u_allitHIEBESIMEN _J EAST MALCOM HERMON NOTES I. REFER TO IANDSCAPE 050515108 WALIOVAV AND HAPORCAPF INFORAVOION. W REFER TO LANDSCAPE DRAWINGS FOR TYPICAL WALL AND FENCE DOM. 3. REFER TO SITE PLAN FOR BUILDING SOIARE FOOTAGE SUMMARY. 4. CALADSElE SODA 00000GS 000 IAEAWI0000 CONCEPTS OWLS THE COR P. 11 PTO Lsolly 000I-PSIIItISTu,r1.kasTrutor4VJE 'ciat103.°' EV.I0 glakr=1,411°Faa.T° 00505501150500 WEST 0 0 10 02 ELEVATIONS TIMESHARE AS SHEET A-17 OF 17 Lot 9 Development CARLSBAD, CALIFORNIA Grand Pacific Resorts, Inc. 26 AUG 2015 P rape: n/Rer 4150 EXEMBEir 50415 £01 000 291110 CFO Y CARLMAO OTAVIAgor COY G441-5.10 CAPLWAO aTIRVI MUGU) SCIV. 015WWT SaarfE PACFIC BELL APROIMNIS Ifir 0 CIPtS8•10 SaM104I00 MAWS AND SAN 54000/3054/I SlAION00 ZWAIAWIE TIC ISA 0210011Milat SWARL9 PROW AS DOTED IV SWIMS' 0 SEVEN /J5I Olt Ca E NA, CCWIAIK I' A UMW& Of .rb AIPS.Al2"11W1S UNIT WILE LOT 407E40." AnSFACE OCWOO ON/73' 1 1,0145 ArSIN ROM 1 Et IIESOV NOM 2 /31 AC 31 MIL ARMIr MOO 614/00 31 GENERAL NOTES' ASSaarT PAROO NO 211-023-671224,1013) 10/Mn-a? (269 ACRES) WEIL AOWS. 01000 304 469 ACYitr AWES' G52 4035 Cr &WENT Crfalt EASSINTARGIO AET Se AO% E WM? MIX ROM OFOCIROY CROSILGS [WV SEWER GENERA 170N & MIER DEMAND Man& SASE0 CW LICIE alai= CAMS° MVP& Car 00W U31W PPR LENAM10 &OW /TM QV, GO /ME ROW /HO= AtatI X Ge EDO 426/0/ /40511/S MSNAIEKLAT ROW X 1 EX 10401/ 4000 QV 0010165 300 WSW C 2O1IWC APOPG2E0 2/01V0 0055G CENOUIPLAY GESIOVAIAW PRO.O.40 051EFAC 645 00530100 01510/0 MAO USE LOT CLASSFICANCW TOTAL MAU, F LOIS MT& WIRD? 00 44/001400/ COIOIXIMIN 101=1", dater WM &ROW MEW" (=SS LOT SI.OV AgtaWTIAALLIGIAWC PAOOVC SPACES MM. 3014516/I 211-023-07[C-Al =WI( ACI6a/LIUr 2/2-271-0182-114//RAMr0 1106,511,4071CC 211-023-07 (0-T-01COMMOICIAL MOST VW 01.11190 010'//I,IY 212-211-021C-T-OJCO4E0CIAL MUST MN WALFIEB OMAY Alit" 211-1123-07/1/A7O1PLANYED Ara 212-271-0=11A11(0 411Z6712/A0MCC ▪ 161.41ED 211-02,07Mj ?RAW RECREAMY COVIOCIAL 2a'217-02 MI XI I. =MOON COW= MINT/ 1011117 TAW PCSOFT/CalliaCIAL 2/0/s JS 4406 0 5" PACK ▪ 0034/417£ MOW CaNT OHM WAN ollatZESALVICOIO Want 317£ RECYCLED HAIER DEMAND 410 TYVATP) 1.825 CP0 (SCIV 426' QV MN( MeV MTN: 410 CPO = .02003' 77?Af770 GENERA//ON 4100100 GAA),61070 RESORT 1/01IIS (WSW WOWS 1.11 71101AL WEL ROW OVUM( Iff1A 35 TOTAL LINN 16 LOW-a PCIPEOV tr ILlS TOTAL AIMIGE MIT 11611110 52A0?' MUM WOWS IRAMC. PAROYC lila BE PART 00 0//IAOHOWTI1401004 RESCWO APPLICANT / SURO/WOIR: CRAW MOM MOM AV SAO PAMIR C0041; RIO .4120 COMM GI MOO (AV COVIACk 1310171Y SIRP( GRADING ANALYSES: &MIN OKSWE WAS//C KA V POYOWIE0 Ma APPRO1£0 PLOW frAN FO4 MI.', CS 09-at /0141 51/540 Pta?INS 401033154 21154/45 A Cl/k /0,142 /IT 1014 ACV Cr &POP!: 14670 CT .1:11ACIS P IMP HO CAMBAO IMVPAL WIMP 0/SISSY .544141Y AIM( GAMOW 04 02010 54/S ASS AXES (1606172-1140 0/6 401". EC APT 21A07 2(4 027 011 leF PaERSOV 0.410/ 01, DANO SO41( 1,6,6, 0 100 240 PARK/NC SUMMARY:' PAM MAURY Eliflar faT /010/51/I?" ARCIRECTURAL DESIGN: AVNBITA910ESPY SAM 41041410711A{(04 SW DECO GI 512101 20-9116 COMO: 035.1' AIWA MVO LANDSCAPE ARCH//Ed) 7094 MO IP5E3' AIEN04 SUE ITO M CA 12121 /534 410-0026 CONTACT: 5V542 KAM CV& ENGINEER/LAND SURVEYOR: MEL 1WaVaPAY0 440 SlAgrPlArr 631104/I50 GI 001?9 1,50174,8114 peo 7A.14 5-81 =MC. OrtFLEW EN177ZEMENTS COORDENA770N MANAGER: /051(5004011/0 ASSOIGTES 4I50 LAIMEAD AIM( SIVErl 0430114 GI 92010 (166,16.92-0617 El/TACO IMWI SHEET /NOD( SMUG, - Ill/E &WIT - SUE PM - IEVINOE SIP SCOT 0/ - RMANIRY COMP PM 56/755 - MaYWARY MIMES RAY ARIXIID EXMAT %MR WAUTY 01.200.017 01/101 004101 EXCEL ENGINEERING WNW CM 44410(4 941010 41051E PIKE 13401101010 TIMWWI. MASI SHEET Cl OF 7 TEN7J4T7VE MAP FOR LOT 9 DEVELOPMENT HES77N NO7EZ AND 1/MRS//ARE SERVICE AGENCES: Lot 9 Development CARLSBAD, CALIFORNIA Grand Pacific Resorts Date 23 JANUARY 2015 SilE ADDRESS: SE OPIMIS AWE CAPCSSAO CA LEGAL DESCR/P770N: PIONON 001ST P. tr/MACNO AGM NELV01,04 &MOW TO OP NO AHOZ0T 9 0' 0ARL01A0 DUCT CO-at /I CM Cr G4058AO LaWTY OP SIN OEM .57Alr CAtfL5/14 ACCOMWO /041(0 1619/0001,111.064 WLE /11 17/C LYME OP NE WIWI I' &COW 0F SAN LIECO CaWlY OY AMY A 2013 LEGEND: SIAWMOV fiaINOARY EWA/a COVTCLI45 DOSOY0 PIM YAW DISIWC 5/10? 1141/ AGO= SMI PUN LIVINC TM WIWI? LWOW 01161711017 PR41W MAL COVIDIES MP= HOW YAW PRLPOSIO SEWN NAW pRavsw STOW 454.11Y GO PROVZO COW MT /WORD TAW fLO (LaIROV AMMO fIr 'CM, MM.) SPOT EMMY L0VG4E7E MOW R(TAAWG (SPI1T ME 17P) 0=01 IWCPOSSI FRE MOUNT LOT Lir 1.1,550 121P0F011( MOW ELE141110V arAN COI E,15,550 Ca WAMAXE MP 0 'NUL 441 ?WOWS —2/1— — 401- 441— W 9:1 1.1,196100 •-•glir" 5/377 SHEET C2 OF 7 CIVIL SITE PLAN lor MA, i'S.07 PRONISED PROPERTY LIFE PER FUTURE IMATARY 40415111E001 EDGE CF E<ISTING BUILDING PROPOSED PROPERTY LIFE PEI FURME =WARY ADJUSDENT WESTIN HOTEL TIMESHARE UNITS 0/ PARKING UNDERNEATH 8. HIGH NOVICE 110DEL 40102W PROPERTY LIFE NO PUHA. p. 111111110've .„ECLEDTR2cr 'Arms WESTIN HOTEL TIMESHARE • UNITS / 14/ PARKING UNDERNEATH o' mnsi. 107707 DATER 7/27/02 (TO BE VACATED) ALL PROPOSED PROPERTY LIFER WILL BE ADJUSTED NO GRANT DOBOARIES REFLECTING TIM ADJUSTMENTS WILL BE FECORC,ER PRIME TO TIE ISSUANCE OF ANY FEUDS FOR TIE coo_opseir OF TIE PROJECT FROM TEE CITY OF CARLSBAD. OUST. BLAIMET EASE/ENT OVER ALL OF LOT 0 FOR INGRESS, EGPESS NO SPILLAGE PLHPOSES GRANTED TO CNISBAD MUNICIPAL WATER DISTRICT PER COO, NO. 127100, RECORDED 7/27/132,TO BE VACATED PROPOSED ACCESS EASEMENT PROPOSED PROPERTY LIFE PER PUTTEE EUUNDARY ADJUSTIENT tor AMP00200 LOON' Il/P LOI18 IMP ISM r EOST. SI1000, Hieffifir, PUB-IC UTILITY NO INCIDENTAL PLPPOSES EASELENT 00401000 50 IRWIN J. KELLY PER DOC, NO. 0042 Of OFFICIAL RECORDS RF-GOKED ON ALM 12.1901. OF LOTS 10 NO 16. TO BE VACATE, Lot 9 Development CARLSBAD, CALIFORNIA Grand Pacific Resorts 0010 23 JANUARY 2015 LOT, AMP l3R11, LOT/ 711112? EXCEL ENGINEERING UFO HAND LK DREW SLIMS 40125 460 BOMA 09100 DI 0.)115-8119 ROUT 10-11E) SITE PLAN 'Or, 42401 /5503 ,==g' 7 SHEET C3 OF 7 TENTATIVE MAP # •\, tor I MAP BMW Rol.osen PUBLIC UTILITY assorr. To EC WAITED / 0 11,5 qTY OF CARLSBAD. / DATA TABLE NC. BING/CELIA RADIUS LENGTH L1 N00.00143.E 1.2 149111S311111111 13 140010010/20 • 13.013. L4 1E113116.1B.W 15 NEMI1.1117111 — 7.70. LB N00.00.00.W 4.10' L7 0E0.50111414 3.42' LB NE1016/3110.11 — 7.01' LS NES1E11 — 03.74' LID 1.110.00100.4 — 0.27' L11 NE113,11112.W — 3.00. LIS 020103'41.E — 21.72' MIST. BLANET EASEMENT DYE/ ALL CP LAID FOR INGRESS, MESS MD SPILLAGE P10320515 00010103 TO CARLSBAD MUNICIPAL WARM DISTRICT PER DX. Al. 127700, RECORDED 7/27/02.70 M VACATED gioner ,••••• WI) it, taw MISTING P PROPOSED 7,,,OCESSE.. 1 MAP 10002 LOT 2 IS A TIMESHARE CONDOMINIUM PROJECT WHICH' PROPOSES 36 AIR SPACE UNITS PROPOSED PIE_IA 01 EASIAMIT TO PE GRANTED HA CITY OF CARLSBAD. ING PUBLIC AYIITY ___> ,D E) aim:Kr Ky. 1E332 \ \ \ WATERLINE LOOP SYSTEM DETAIL x... r kT• wr,„ , 1 I: PRIPO J SWART JUSTMENT LDE II . 4 NI mit COURTYARD TFE 1100000 7110001110 LINES WM- BE PER A EMCEE EMMY A1AJUSTIENT YiESTIN HOTEL Rk5M2S1 r0000sro Arras EMI/Mr AREA 11111/ 10T I OrMN, 151.1, 407402 import, AR= EAZIOVI 0E4 ICH LOT16 0240(7 /5032 row or 1.343 ACRES GROSS 1.2E1 no= wr (Prim SITED 11/11 DEDICATION) \ 4//4 901 - TIMESHARE UNITS WI PARKING UNDERNEATH SED PUEtIC 51150.1 k UTILITY -EASEMENT BOLWOMY ADJUSTIENT LItE P,\N•N\ /MM. Aars asasvr MIN LOT 10 0240(5 /5532 /4/05532 PROPOSED A KAsserr 1017 AMF, ISSIP MIST, 20. WARM EASEMENT PEI INST. NAM 127707 DATED 7/27/62 (TO EE VACATED) LOI 10 ISRA. ALL PROPOSED PRORERTY LENS WILL BE ADJUSTED AND GRANT 13015000I00 221E471N1 THESE KLEMM= WILL BE RECORDED 70100 70 TRE ISSUANX 00 5/2/ PEEWITS 1011 00€ DEVELOMMEITT OF IRE PROECT FROM 110 0101 00 001040. tor o 40(5 /352 PROPOSED ACCIESS EASEIENT MUD UTILITY EASEMENT. TO BE GRANTED TO TFE CITY X CARLSBAD. 1ST. sineel. RIO/WAY, F120,10 UTILITY AID FICICIDITAL PURPOSES EASEMENT CRANED TO IRWIN J. Karr PER DOD. 10. 664032 00110151 10005 ...EU 00 .2052/ 12.1601, Ar MRS 10 /10 10. TO EC MCAT/ \ PROPOSED rusuc mull I \ 0050111101 10 BE GRANTED TO THE CITY OF CARLFAD. AINIE3212l120420VIM4II01V a 20 SO 50 120 EXCEL ENGINEERING WORMIC CHLDOEDIN ARON DOVER/a 0001114 0620 10010111541111 Al (1101715-1510 TENTATIVE MAP Lot 9 Development CARLSBAD, CALIFORNIA Grand Pacific Resorts DRIB. 23 JANUARY MIS SHEET C4 OF 7 D AYLIGHT GRADING LIMITS (SEE NOTE 1) SCALE: 1..30' PRELIMINARY GRADING PLAN NOTES: I.A LETTER GRANTING PERMISSION TO GRADE OFF-SITE WILL BE CATTAILS° FROM GRAND PACIFIC CARLSBAD , L.P. 510 0010 PACIFIC CARLSSAD HOTEL, L.P. PRIOR TO ONE ISSUANCE CP A DEMOLITICN CR WADING MONT. tor, IMP ISRIP ea, 00 tshvz DAYLIGHT GRADING LOIN TS (S.BE NOTE 1) 1.% '"••••. NY 1 \\\ 11 1 h Lot 9 Development CARLSBAD, CALIFORNIA Grand Pacific Resorts Dot° GS JANUARY COS 0 CONCEPTUAL GRADING PLAN EXCEL ENGINEERING LAO 01**0 MONISM MN NO SIM TIACE WHEN Cl PEN IS (N) 71551111 IAA LAM 76-1S0 FROPOSED ACCESS SHEET C5 OF 7 n PRELIMINARY UTILITY PLAN WI 7 KAP 140.02 Exls-C14. OHIO DRAIN PIM: a 139,1a1N / / TO REMAIN U'LIC UTILITY I I I 1 Tucc-72. s'A ior, 150111 612NS77?UC7701V Nora p for sraeu awl (sEr ahv szo 03 an-R.7m10I arralowa An0? 03 Noa szonairv ocnizav Or v surv C) saw clew armour 03 GINN SA% VA/254 AMA, ® STORIF215? 03 sIMINIIER SILWAII NM ® NUM AVM (421/0 2550400 0141.555'0004501, (17000371 P/ sow unix (s. ppm) • awe arocer „.„. *11 , I TIMESHkRt';,:, • UNiTS. 0 PIE cuss iso (/41 .111 (e• nnr.AO ▪ LIIMC PIE S401 ON ,so air N BOWIE ArIECIAP [SEM OW NOW Ill FROM ID HOC IKE 515111I COSIIECIIAV ▪ ilife maw, . le H.P. NOTES. .-PVC ATEA RAIN PER aWo 330/20 1 M1 111A4,11115 10001010143 57- OF I A -PIMA' MAISIE 014/0? 1201 I 2 ME 095101515 A, 00 01140000 TO Be S541f. arargr 9/£/afX/YrI.INS .1 DISIA5 AVUER 5154,IGE UAW 12 dr1751101102 ALCIVG TIE MN AU MAY APPIRIMINGES A Llama *4 /10 LARD IIE SRAM' 1,00 /10 04 IOW LACS A, Ilk' OXISSAGS 00I5 SILILL 000010020 S DISING AVM 70 Se R0,105513 MOD NM LEAD SA. 151115I, APONS1045 WNW X MAX 15 55115a WIN AIL REMIANIVS /MINA' 1/42IRIZT/5 I1,0137AL OIR05 fr IIE 11411/ r ----- ZIP l'SLIZ •-• SCALE: 1..30' ° Lot 9 Development CARLSBAD, CALIFORNIA Grand Pacific Resorts Date 23 JANUARY 2015 PRELIMINARY UTILITY PLAN EXCEL ENGINEERING WO BONN 55.1100/1,5 WIC IN SW FIKE 0000/4 0(00 1071071404/6 RI MN ICANO SHEET C6 OF 7 FIRE TRUCK TURN AROUND EXHIBIT LOT? IMP 13412? 15.00 t _ .... RIM 1116;4111111117, 6.,F•=2 6.05 12.35 22.12 COV Large Fire Truck feet Terrrw rr ro 8.60 8.00 Lock b Leak SteerIng. Angle 6.00 54.0 Tractor Traci< Troller Track : 6.60 :0.60 AreculatIng Angle :70.9 0 SCALE 1.•.10° Lot 9 Development EXCEL CARLSBAD, CALIFORNIA Grand Pacific Resorts Date 23 JANUAR, / 2016 ENGINEERING 9,600009,09,600000410094904 44051411 MO Ta{26u FIRE TRUCK TURN AROUND EXHIBIT SHEET C7 OF 7 610.17 SIMMS 41127 APR (1261 pm/ 0185 ARETIONS 449 1.1 ROO, 0101500 49 r2.22P,p_i MK. 18. L.P. PVC WATER MAIN .PER OM 333-2V ZSVETSPNTION BASIN AP-1 NY APE' 0,NA4m BIORETENTION 1204 /INS INA ire 01/242 AREA (Sr) /585 1005 50054 5/C NNW AP-1P Mr NPR /AP RAW BIORETENTION 20 4/5425 NIA TOY SWAGE .450 4(549 1042 010' 100070 041100 564 ME A AP RAE "" PRELIMINARY STORM WATER QUALITY PLAN BIORETENTION ORA PAW NIA MY SWAGE .4504 (10/11 .501, 1105 AKIVOF F AIMAC 5,110 ' 50-111 MAW MIANSTAPAIC -.. _ MAME 0515511 AV< PM WARNS RPM= --Th On zesaE .211505 MX ,,, RN AREA F0erT-70381 I 4105 4/04 MN ) 5,112 Sa-11R ~IMP 1.401570450 NACRES INF 480 445 0,054I10/5 MMUS 001 Al 48404 1260 50-114 50-115 1.44155005 1420015015 11.12 APP SON M PEWS MIMS ON 31/0 .021.10 1.106 5C-1 N 50-11". 5,120 BMW MOM- LAN2SPAPR PM' NM 0 ,101015 IOC 2118 Mr Ithr 10131 .PRO AA971INIS PERMS .15 .N 14270 2951500 WAN 244172 55-122 140510105I10 _ APP NI 62,5, pr,,,, NN A/M I f11171 ARM .268 I 5C-125 05-AIN POMP 04.61110 PEW PAM- NSW PAM5 '. 01 000005 ARMS 011 a/ 4710 4210 55-125 05-127 740502 1141500 PON PAM" AC 58 .500 10551506 &AWNS al lift , MN 45.1204 5,1.10 52-146 1120156500 SOD PRIM MY P.INRS 1142 1.1140L REAMS 055505 IN 1114 58-ere BIORETENTION NU RAW X IrE 51.14MCR .4204 15? rVV. Re."' 05-115 141050000 Rid.- 554 FERMIS 0/0. 51844. rfl, APV.M1 4/04 4004 .55-114 05-129 14157500110 4067200 AC 1166 1.2200 MIMS APERMS 01 12465 140510 55-141 55-118 LAAGSVANYO 0.41150101200 144412.4.PW0 RAF 31.1) 010215 PERMS FIZINS 410 WO 1 4000 51-132 55-1.I1 IMMO' LAMM, 05V0211 RIF PM APERMS PERMS 105 1 GG INN 50-101 1 , :11 APO? "V 4020 31082 WAN 2412080 005 i 1.05555 4 NIP 1 558-100 RALKIIPP 0410551200 CPIVEIE Ni MMUS 0" 34405 ,-F& AMAMI PRa° AREA i f1111-7 I asy. I Pe, I 00-101 05-101 Mr INF 101,. .24 PERMS /VMS 01 15/.21 014 2386 LANIWAFWG LAMISCAPPG sa-ms 50-100 RIF MP ,I.IIIMS 1 11010 5810151.6 001106 ROAMS NAMACIRIC 05.101 5,1011 05010211 14/6000001047'/000055 4 2/2/ -111154 1. 6P05/005 1.12 2 VAX SC-100 50,0 LANXMANG 801.0810 RIF R00, .325 10261 AMMO. APERMS 010 1.04 MN 14.2686 ..,,,, • .a,p- [VII £0015125 260 SF PROPOSE!, BICR,-FENTION [MELIA" NM STORM DRAIN PIPE TO 500000 1, 05410 3/LET TO MANN 5/1250710 11511000 STORWILTER OR EAMIVALENI MST. 155 H.P. PVC WATER MAIN MID/IA 333-2V CONTECH STORM FILTER NM RAW /51 411101 .4/514 (40) 014 111100 RUMP A* wasp,' F104044I1104 505 5041. 0414 MAP SEE TIE PROMT'S SIM PURGRIED BY EXCEL ENGIMERING SOILS 1"030. Lot 9 Development CARLSBAD, CALIFORNIA Grand Pacific Resorts Dnte. 23 JANUARY 2015 VINT. 155 PVC RECLAIM, WATER MAIN PER OM 333-2V PRELIMINARY STORM WATER QUALITY PLAN EXCEL ENGINEERING PIO FIRM CA Et:HMV MI6 410 ME RACE MUM DIM 111 003 mom /11 0,01 M-/NI • REMOVE ATER TANK 05 1105 P RAW MI 7 £0' 5545/ • LANDSCAPE SHEET 1-1 PRIMARY HOTEL ENTRY AT PLAZA W1714 THE FOLLOWING ELEMENTS: • ENHANCED PEDESTRIAN PAYING AND CONCRETE BANDING - LARGE SPECIMEN TREE AND FLAMERS WITH FLOWERING SHRUBS AND GROUND COVER .11:•••11 TYNCAL SYMBOL FOR TREES ON SLOPE AREAS. SEE PLANT LEGEND. SHEET La TYPICAL SYMBOL FOR LARGE SPECIMEN TREE, SEE PLANT LEGEND. SHEETS L-2* L4. P" A TYPICAL SYMBOL POR LANDSCAPE M TREATMENT ON ELOPE AREAS, SEE PLANT LEGEND. SHEET L-1 TYPICAL SYMBOL FOR MUNE AND ORCUNDCOVER SEBELANTLEGIFID. SHEETS L4 L.4. TYPICAL SYMBOL FOR PARKING LOT TREE. SW PLANT LEGEND, SHEET L.4. 0 T I?A 11='7T:EFLAWI=.42 TYPICAL SYMBOL FOR SCREENING SHRUB AT PARKING LOTS. SEE PLANT LEGEND. SHEET 1.4. ,0A11,e41:;. rPRO111144M-11kE- - .1e/44 114,4 .. E7USTINO TRAILHEAD P FER TQA.P:C1 LANSIO MPROVFN , OUTDOOR EVERT OARDEN WITH THE FOLLOWING AMENITIES: -Acosta WALL BACKDROP .OVIDINFADTRELLISES 421/ANCED PAVING AND CONCRETE BANDING 41IULTI-U1INTURF AREAS FOR SWATS - LARGE SESCIMEN MERL ACCENT TREES. FLOWERING SHRUBS AND GROUND COVER TYPICAL SYMBOL FOR THEME TRIES. SEE PLANT LEGEND, ow La. ditk TYPICAL STIABOL FOR SMALL ACCENT TREE. SEE PLAN LEGEND. SHEET La 2, DRP/IWAY VISIBILTY TRIANGLE SECONDARY RESORT ENTRY WITH THE FOLLOWINO ELEMENT& - VEHICULAR ENTRY DRIVE WITII ASPHALTIC PAVING - LARGE SFECISIENTREES AND 1.IEDIAN MTH FLOWERING SHRUBS AND GROUND COVER TYPICAL SYMBOL FOR TURF. SEE PLANT LEOLND. SHEETS L4 L-3. 25. DRIVEWAY VISIBILITY TRIANOLE EXISTING IS RECYCLED WATER LINE TYPICAL SYMBOL FOR LANDSCAPE TREATIMNI ON BIOFILTER AREAS, SEE PLANT LEGEND. SHEETS L3& 1.4. TYPICAL SYMBOL FOR EVEROREEN/ DECIDUOUS TREE. SEE PLANT LEGEND. SHEETS L4 A 1.4. aD MEMO \ PARSING LOT NOTE: FOR PLANT LEGENDS AND NOTES, SEE SHEETS L-2 & L- 3. I • EXISTING ! vILLA ; , SCALE 16 .00,0. W SE 90. 1W Lot 9 Development CARLSBAD. CALIFORNIA Grand Pacific Resorts te. 28 AUGUST 2018 LANDSCAPE CONCEPT PLAN "Wilty SHRUBS: (QUANTITY: 07 SHRUBS) LARGE EVERGREEN SHRUBS: ARBUTUS UNEDO COTONEASTERLACIEUS DODONAEA VISCOSA TORPORS/1 EUGENIA UNIELORA LAURUS NOBILIS NERIUM OLEANDER PODOCARPUS HENKE= PRUNUS CAROLINIANA TUPIDANTHUS CALYFIRATIM XTLOSMA CONGESTUM MEDIUM EVERGREEN SHRUBS: ACACIA DECORA BOUGAINVILLEA BANDISC10 REM CAMELLIA JAPONICA CAMELLIA SASANQUA FATSIA JAPONICA MISCANTHUS SINENSIS 'VERIEGATUS PHORMIUM TPNAX PHILODENDRON SELLOUM PITTOSPORUM TOBIRA TARIRGATA! RHAPHIOLEPIS INDICA INCIFIAMINESS. ROSA 'ICEBERG ROSA SPECIES -TRAILING SALVIA LEUCANTHA VIBURNUM TINUS OINNAMOMUM CAMPHORA PIOUS RUBIGINOSA KOELREUTERIA PANICULATA MAGNOLIA GRANDIFLORA OLPA 's WAN HILL' PODOCARPGS GRACILIOR QUBRCUS AORIFOLI( Stnnabeny The 15 GALLON Panay Coloomater 15 GALLON Pixels Hapseed Binh 13 GALLON Salaam Cherry 15 CALLON Sweet Bay 15 GALLON Oleander 13 GALLON Long-Leta d Yellovnvood 15 GALLON Catalina lanai away 15 GALLON Ilipidandon IS GALLON May Xyleano 15 GALLON % o cupussus suips..vnum JACARANDA MIMOSIFOLIA LAGERSTROEMIA INDICA OLEA'SWAN BILL: PYRUS r`rd SILYANA'B.RADFOPJ/ I GALLON 1 GALLON I GALLON GALLON I GALLON 1 GALLON 1 GALLON 1 GALLON Wattle 5 GALLON Boophivillea 5 GALLON C•nellia 5 GALLON Cmnell)a 3 GALLON Japanese Arab !GALLON Japanese Silver Onian SGALLON Nevi Zealand Thor !GALLON Split Leaf Philodendron 5 GALLON Tobira 5 GALLON Ndian Hawthorn 5 GALLON Iceberg Rom GALLON Moiling Rome GALLON Modem Saga GALLON laornallona GALLON LOW SHRUB& LAURUS NOBRIS PODOCARPIN cattcazo.. RIMS LANCES. TABSBUJA FDPIEROP ARCILIFFAIHYLOS OLANDULOSA BOUGAINVILLEA SPECIES CEANOTHUS G. HORIZONTAL'S GREVILLEA 'NOELLIP HETEROMELES ARBUTIFOLIA (NOT IN FIRE PROTECTION ZONES) LANTANA MONTEVIDENSIS RHAPH1OLEPIS INDICA 'ENCHANTREIRP XYLOLIMA.CONCIRSTUM BougahavIlleo Cannel Cowper °milks& Topa Mailing Lanham Indian &Nth.= Xylonna AGAPANTHUS AFRICANUS AGAPANTBUS AFRICANUS TETER PAR ANIGOZANTHOS 'BICOLOR AZALEA SPECIES BUXUS JAPONICA CUPHEA HYSSOPIFOLIA DIETES IRIDIOIDES GARDENIA IASMINOIDES ItADICANS' GARDENIA JASMINOIDES 'VEITCHIP HEMEROCALLIS HYBRIDS LAVANDULA ANGUSTIFOLIA MISCANTHUS AGAGIO 'MAIDEN MAME MUHLENBERGIA RIGENS NANDINA DOMESTICA NASSELLA TENUISSIMA NEPHROLEEIS EXALTATA PHORMIUM TENAX 'BROMIEBAHY' PIITOSPORIE0 CRASSIPOLIUM 'COMPACTA' RHAPHIOLEPIS INDICAIBALLERINA! ROSMARINUS OPPICINALIS TRACHELOSPERMUM IASMINOIDES VIBURNUM TIMIS 'DWARF Lily-Of-ThieNtlo GALLON PekePati GALLON 1Cangaroo P05 GALLON Azalea Saullizoi Indica GALLON Japanese Boxwood GALLON False Heather GALLON Fortnight Lily GALLON Dwarf Gardenia GALLON G,rd,At GALLON DWRIY GALLON English Lavender GALLON Maid0100m GALLON Puede Regal MIA GALLON Barbour Male GALLON Feather On= GALLON Sward rem GALLON Brom Baby GALLON Bawd Pillimponan GALLON ERIOBOTRYA DOUALA MAGNOLIA X SOULANGBANA MEYER LEMON RHAPHIGLEPIS INDICA 'MAJESTIC BEALITY. PRUNUS CAROUNIANA Indian Hawthorn GALLON Ramozy GALLON Slarlanoloo GALLON Idninalinaa GALLON GROUNDCOVER: (QUANTITY: 8,417 SQ. FT., OF WHICH 428 U. IS OFF-SITE) DYMONDIA MARGARETAL Limon& RAMO 120.0, FRAGARIA CHILOENSIS Bead Strawberry FLAIR @ 12" GC GAZANIA HYBRIDS Omar& PLAIT @ 120.C. OPHIOPOGON JAPONICUS 1.11y1tid FLATS @12" GC. OSTEOSPERMINI PRLIIICOSUM Aid= Dalty FLAB @12" 0.C. SOLEIROLIA SOLEIROLII Baby's Tessa PLATS @ 12. 0.C. TURA (02/ANTITY: 9.416 SQ. FL) *NTHIADIIIC.SNDAISFJSINADDDS0NRSSNEMINIMSMGROuNDQSPAICRDQUINERAEER HYBRID BERMUDA HybdilBermoda SOD MARATRON114 Marathon IDE SEEDED BIOFILTER: (QUANTITY: 784 SQ. FIT) LOLIUMPERENNE Peratn1.1 Bytom SEEDED SLOPES: (QUANTITY: 766 110 FT.) SLOPE SHRUBS. (QUANTITY: 4 SHRUBS) SLOPE GROUND COVER. (QUANTITY: 766 SQ. Fr.) ACACIA REDOLF.NS Amok FLATS @ 12. 0.5. APTENIA CORDIFOLIA Red Apple kepis':I FLATS @ 12" 0.1 BACCHARIS PILULARIS Maur Coyote Bosh FLATS @ 15 0.0. MYGPORUM PARVIFOLLUM Myoponno FLATS @12" INC. OSTEGSPERMUM PRIPLICOSUM Aeons Daisy FLATS @ IT 0.0. *NOM AMICANDAISY INN ADDITIONYOMNANTINIUMGROUNDCONMR871 ZONE ONE - LUSH LANDSCAPE 18,955 SQ. FT 131.4% OF TOTAL LANDSCAPE AREA (ADDITIONAL 428 S.F. OFF-SITE) SEE WATER CONSERVATION PLANS, SHEET L-4 LARGE SPECIMEN TREE: (QUANTITY: 8 TREES) Camphor The 48.130X RiadybrarPig 43" BOX Oedemas Tree 41" Box Ilesilmin Magnolia 411. BCX Fruitless Oliva N. Bad Fan Plne M. BCC( Coln Live Oak 411. BOX ACCENI"PREBI (Q1MNITIY: 6 TREES) BalianCypreas 24" BOX Jacaranda 15 GALLON Crape Myrtle 13 GALLON Pall= Olive 24. BOX EmdfIdPe.r 15 GALLON EVERGRBILW DECIDUOUS TRION (QUANTAY: 11 TREES) Siecealey 24" BOX Fero Ploa 15 GALLON Allison Some 15 GALLON Pink. Tababola 24. BOX SMALL ACCENT TREE (QUANTITY: 26 TREES) BoxiseLaquat 15 GALLON Magnolia 15 GALLON Unmake 2.4" BOX IndlanHowthom 15 GALLON Canallna Laurel Cherry 24° BOX LANDSCAPE SHEET L-2 PLANT LEGEND - ZONE ONE SYMBOL BOTANICAL NAME COMMON NAME SIZE PLANT LEGEND - ZONE ONE CONTINUED SYMBOL BOTANICAL NAME COMMON NAME SIZE PLANT LEGEND - ZONE 1 CONTINUED SYMBOL BOTANICAL NAME COMMON NAME SIZE MRS: (NOT SHOWN ON PLAN) BOUGAINVILLEA SPECIES CALLIANDRA TWEEDII CAMELLIA JAPONICA DISTICTIS 'RIVERS' GREWIA CAFFRA HIBBERTIA SCANDENS PANDOREA JASMINOIDES PARTHENOCISSUS TRICUSPIDATA PYFAS KAWAXAMB. Boagalnvillaa GALLON Trinidad Flom Huh GALLON Camellia "Double While" GALLON Royal TromperVine GALLON Inlander star Huh GALLON Guinea Gold YIN GALLON Bawer Vine GALLON Baton by GALLON Inrargresn Paw GALLON I AMPAMILIAR WITH THE REQUIRE/6008 FOR LANDSCAPE AND IRRIOATIONPLANII CONTAINED IN MB CITY DP CARLSBAD'S LANDSCAPE MANUAL AND WATER 2FTICIIINT LANDSCAPE REGULATIONS. I HAVE PREPARED THIS PLAN IN COMPLIANCE \ YID-11110Sn REGULATIONS AND THE LANDSCAPE MANUAL AND AGREE TO COMPLY WITH ALL REQUIRENENTS WHPN SUBMITTING CONSIRUCTION DOCUMENTS. 1 CERT], THAT MB PIANIMPLEMENIS THOSE REGULATIONS TO PROVIDE EFFICIENT USE OF WATER BY: 0,44.0 NOTES: - FOR ZONE 2 AND 4 PLANT LEGENDS SEE SHEET L-3. - REFER TO WATER CONSERVATION PLAN FOR LOCATIONS OF ZONES 1 & 2, SHEET L-4. Lot 9 Development CARLSBAD, CALIFORNIA Grand Pacific Resorts An,: a AUGUST 2016 LANDSCAPE CONCEPT PLAN - NOTES AND LEGEND PLANT LEGEND - ZONE TWO SYMBOL BOTANICAL NAME COMMON NAME SIZE ZONE TWO-REFINED LANDSCAPE 35,699 SQ. FT/SEAM OF TOTAL LANDSCAPE AREA (ADDITIONAL 1,453 S.F. OFF-SITE) SEE WATER CONSERVATION PLANS, SHEET L.4 / PARKING LoT TIIPX: (QUANTITY 15 MEM k ACCENT TEEM (QUANTITY: 211811133) THUS TRE14 (QUAN1ITY:3 TREES) 151110BOTRYA DEFLIOCA MAGNOLIA X SOULANLIBANA MEYER LEMON IRIAPHIOLEPIS INDIES. 'MAJESTIC BEAUTY' PRUNUS CAROLINTANA Ilona Logien IS GALLON Sower Magnolia. 15 GALLON Lunen Toe 24" BOX Indian Hawthorn 15 GALLON drolina Laurel Cheny 24" BOX SLOPE REVEGETATION/EROSION CONTROL POLICIES AND REQUIREMENTS: SLOPES NI OR STEEPENREQUIRING EROSION CONTROL MEASURES AS SPECIFIED HEREIN SHALL NETREATED WITH ONE OR MORS OF THE FOLLOWING PLANTING STANDARDS STANDARD 1- COVER CROP/REINFORCED STRAW UNITING: COVER CROP SHALL BE A SEED MIX TYPICALLY MADE UP OF QUICK GERMINATING AND rAsTCOVERNIONAIII.S.CLOVIIM. AND/ORAVILD FLOWERS. SUBMIT THE SPECIFIC SEED NI1X FOR CITY APPROVAL PRIOR TO APPLICATIOK 11111COV1151010P SHALL DE APPLIED AT A RATE AND MANNER SUFFICIENT TO PROVIDE 90% COVERADS WITHIN THIRTY (MCAT& TYPE OF REINFORCED STRAW MATTING SHALL DE AS APPROVED DV THE CITY AND STAKED TO THE SLOPE RECOMMENDED BY THE MANUFACTURER. REINFORCED ST1NW 151ATIVJG SHALL BE REQUIRED WHEN PLANTIND OCCURS BERVEEN AUGUST 15 ATM...MR.15. 11.111 COVEN CROP AND/OR REINFORCED STRAW MAT SHALL BE USED THE REMAINDER OF THE TEAR. b. .TANDARDIN - GROUND COVER ONE HUNDRED (11111N)PERCENT OF THEAREA SHALL BE PLARIEDIVITN A GROUND COVER KNOW TOMMITIK2ILLORBOIL BINDING CHARACTERISTICS (PLANTED FROM A 1511N1503151 SIZSOF MASTED LLATERIAL ANDiPACIEDTOPROV10101.1415 COVERAGENVITHIN ONE TEAR). 55. bTANDARD 51- LOW SHRUBS LOW SPREADIND WOODY SHRUBS (PLANTED FRO1.1.1114811111401,2.111A551 LINIIIKIIINALLCOVIA A 14411311114 OVIIIIV811111 MN/PERCENT OF TNE SLOPE FACE (AT MATURE! BM. d STANDARD 59 -TREES AND/OR LARNE SHRUBS TREES AND/OR LANGE SHRUBS SHALL Be (PLAMED MOM Able111/11/4 OV1 CIALLON COMM1111111)AT A 1A00.11.11114V11101, ONE (I)0E571110 HUNDRED 0001 SQUARE FEET. .6011105- O1 ON STEEPER AND: a 3,01t LESS IN VERTICAL HEIGHT MOAREAVIACENIMPUBLICWALK. 0515175111110111QUIREAT MINIUM STANDARD /IL S. VTolus VERTICALHEICHTESQUBBBTABOAROSIIISEOBIONOONIZZOLWeITINOMAILIMINSTALLBOBILIBUBVAcOVIII CROP). 52 AND /D o. EXCESS 01113. IN VERTICAL HEIWITUQUOUNTANDARD111.1 (111105115N MM.& AMMO SHAL1.110115411TALL110 LIEU OVA COVER CROP1111, /13, AN 0 OM MBAs GRADEDFLATIMITILAN Rowan STANDARD el MOVER C11.01,1MirliMPORIAT litalOATIMW1110.1/41111r1M110111101t • MORD ODD. FOLLO1VING CONDITIONS: MEET GRADED PADS NOT SCHEDULED FOR11111110V111MMIIVITHMAION111110PCMAPIATIONCYIEDUE1410.1.0[NO. h. A POTENTIAL EROS/ON PROBLEM AS DETERMINM11115THECIT11. d IDENTIFIED 1555 THE MTV AS HICHLT VISIELEAREAS TO THE PUBLIC OR HAVIVIPPC1AL ,unne1011111 TRW WARRANT IMMEDIATE Nomad Ilyegrea SEEDED LAMM PBRIINNE MOPES: (QUANTITY: 23,6478Q. FT., 014WHICH 501 LE 18 OFF.BITE)) 5 GALLON 5 GALLON 5 GALLO® . 1 GALLON 1 GAUAN I GALLON 1 GALLON I GALLON 1 GALLON 1 GALLON 1 CIAM.ON Bougainvillea Cannel Creeper &avian Topa, Mang Lath= Goidenreliatee CM. 313,113 Amory bland Mae May Xylem= XOEILLEUTHRIA PANICULATA IAOBItSTROEMIADSDICA PIMA CANAIUSN318 AROTOSTAPHYLOS BOUGAINVILLEA SPECIES ORANGES/US G. HORIZONTALIS OREVILLEMNOELLIP IIETEROMELES ARBUTIFOLIA (NOT IN FIRE PROTECTION ZONES) LANTANA MONTEVIDENSIS RHAPHIOLEPIS INDICMENCHANIREBB' XYLOSMA CONGESTUM Amok Red Apple hoopla% Dove Coyote Huh PLAID® Lro.c. PLAIN® 12. OA. PLAID® 12" 0.C, SLOPE GROUND COVP34 (QUANTITY: 23,34711Q. PT., OP WHICH 501 S.F. IS 01,133118) ACACIA REDOLENS APTEN1A CORDIFOLIA BACCHARIS PILLILARIS MYOPORUM PARVIFOLIUM MI4P40;01 FLATS @12" 0.C. OSTEOSPERMUM IMUTICOSUM Allieon Daley PLATS 12" OA *NOTE: AFRICANDAISY IS IN ADDITION TO 7MIAGTILWEIV GROOM COITRIOIQUIMLPNE. PLANT LEGEND - ZONE 4 ZONE FOUR - NATIVE LANDSCAPE 5,699 SQ. Fr / 9.4% OF TOTAL LANDSCAPE AREA IRRIGATED FOR FIRE SUPPRESSION LANDSCAPE MAINTENANCE RESPONSIBILITY ALL LANDSCAPED AREAS SHOWN ON THIS PLAN(S), (WITHIN THE PROPERTY LINES AND oFF-SEE/( WILL HE PRIVATELY MAINTAINED BY GRAND PACIFIC RESORTS. PERCENTAGE OF SITE FOR LANDSCAPE AREA QUANTITY TOTAL SITE: 3.66 ACRES TOTAL LANDSCAPE: 1.43 ACRES PERCENT OF T(TEAL SITE USED FOR LANDSCAPING; 39.1% PLANTING NOTES: .............. 1. ALL QUERCUS AGRIFOLIA SHALL BE PLANTED A MINIMUM OF 10-1° FROM BACK OF WALK AND CURBS. INSTALL ROOT BARRIERS TO PROTECT WALK AND CURBS FROM DAMAGE. 2. 50% OF ALL SHRUBS PLANTED (EXCEPT ON SLOPES 3:1 OR GREATER) SHALL BE A MINIMUM OF 5 GALLON SIZE. S. PLANTS IN A TRANSMONAL AREA (ADJACENT TO NATIVE VEGETATION) SHALL CONSIST OF A COMBINATION OF SITU ADAPTIVE AND COMPATIBLE NATIVE AND/HERON-NATIVE SPECIES, AND SHALL CONFORM TWINE REQUIREMENTS SECTION 5 - FIRE PROTECTION REQUIREMENTS. 4. ALL UTILITIES ARE TO BE SCREENED. LANDSCAPE CONSTRUCTION DRAWINGS SHALL SHOW AND LABEL ALL UTILITIES AND PROVIDE APPROPRIATE SCREENING. 5. LOCATE ALL LIGHT POLES ON THE FINAL LANDSCAPE PLANS AND INSURE THAT THERE ARE NO CONFLICTS WITH TREES. 6. SHRUBS HIGHER THAN 3,0"SHALL NOT BE ALLOWED WITHIN FIRE SUPPRESSION ZONE A-I. IRRIGATION NOTES: TAN& (QUANTITY: 3 TREES) SLOPE SHRUBS: (QUANTITY: 119 SHRUBS) LARGE SPECIMEN TRU. (QUANTITY: anus) CLIPBE3BUS SEMPERV1RENS JACARANDA MIMOSIFOLIA LAGERSTROEMIA INDIES. OLEBISWAN HILL: PERIlS CALLEKYANA %RADFORD. BelimBypem. 24.. hum& 15 GALLON Drnl. M3311. 15 GALLON Fruition Olive 24930X BdfeehPem 15 GALLON EVERGREIOU DECIDUOUS TRESS. (QUANTIOY: 1 I TREES) LAMS NOEL® PODOCAREUS GRAMMAR RHOS LAS/CBS. TABEBUIAHEIINOPHYLL Sweat Bey 24" BOX P.m Pine 15 GALLON ABtom,Smeee 15 GALLON 2.4" BOX SMALL ACCENT (ADAM= CLOSES) PLANT LEGEND - ZONE 2 CONTINUED SYMBOL BOTANICAL NAME COMMON NAME SIZE SHRUBS (QUANTITY) 422 SHRUBS) LARGE EVERGREEN SHRUBS: ARBUTUS UNEDO COTONEASTER LACTEUS DODONAEA VISCOSA TURPUREA! EUGENIA UNIFLORA LAURUS NOBILIS NERIUM OLEANDER PODOCARPUS HENKELE PRUNUS CAROLIN1ANA TUPIDANTHUS CALYPTRATUS XYLOSMA CONE MUM MEDIUM EVERGREEN SHRUBS: ACACIA DECORA BOUGAINVILLEMBAN DIEGO RED' CAMELLIA JAPONICA CAMELLIA SASANQUA FATSIAJAPONICA MISCANTHUS SINENSIS 'VELLIEGATUS. PHORMIUM TENAX PHILODENDRON SELLOUM PITTOSPORUM TOBIRA TALUSGATAL RHAPH1OLEPIS INDICATIPPILIANTREMP ROSA 'ICEBERG ROSA SPECIES -TRAILING SALVIA LEUCANTHA VIBURNUM 'ONUS ACAPANTHUS AFRICANUS ACIAPANTHUS AFRICANUS PETER PAN' ANIGOZANTHOS 'BICOLOR AZALEA SPECIES SEXES JAPONICA CUPHEA HYSSOPIFOLIA DIETES 1RIDIOIDES GARDENIA JASMINOIDES 'RAD1CANS' GARDENIAJASMINOIDES 'VEITCHIr HEMEROCALL1S HYBRIDS LAVANDULA ANGUSTIFOLIA MISCANTIRIS AGAGIO 'MAIDEN CleA33' MUHLENBERGIA RIGENS PiANDINA DOMESTICA NASSELLA TENUISSIMA NEPHROLEPIS EXALTATA PHORMIUM TENAX 'BRONZE BABY' PEITOSPORUM CRASSIFOLRIM COMPACTA' PRAPHIOLEPIS INDICA 'BALLERINA' ROSIvIARINUS OFFICINAL'S TRACHELOSPERMUM JASMINOIDES V113URNUM EROS 'DWARF 3' IIIIKEENING SHRUBS AT PARKING LOTS (QUANTITY: 100 SHRUBS) OPEVILLEA NOEL= L1GUSTRUM IAPONICUM ITECANUAP RIIAPIIIOLEPIE INDICA 1211/NOTIMA VIBURNUM •nNus (QOT SHOWN ON ELAN) BOUGAINVILLEA SPECIES CALLIANDRA TWBSINI CAMELLIA JAPONICA DISTICTIS 'RIVERS' GREWIA CAFFRA HIBBERTIA SCAT/DENS PANDOREAJASMINOIDES PARTHENOCISSUS TRICUSPIDATA PYRUI1 KAWAXAMI1 NOTES: - FOR ZONE I PLANT LEGENDS SEE SHEET L-2. - REFER TO WATER CONSERVATION PLAN FOR LOCATIONS OF ZONES 1 & 2, SHEET L-4. PLANT LEGEND - ZONE 2 CONTINUED SYMBOL BOTANICAL NAME COMMON NAME SIZE GROUNDCOVER: (QUANTITY: 10,536 SQ. FT., OF WHICH 952 S.F. IS OFF-SITE) DYMONDIA MARGARETAE FRAGARIA CHILOENSIS GAZANIA HYBIUDS OPHIOPOGON JAP Mali; OSTEOSPERMUM FRUTICOSUM SOLEIROLIA SOLEIROLE *NOM AFRICANDAIS Y MINX:1=0N TURF: (QIIANT/TY: 444 SOb FT.) HYBRID BERMUDA MARATHON II-E IHOFILTER: (QUANTITY: 2,525 ag, Pr.) I. ALL IRRIGATION SPRAY AND ROTORS SHALL KEEP A MINIMUM 24" BACK OF HARDSCAPE WHERE THE} DO NOT DRAIN BACK INTO A LANDSCAPED AREA. CINNAMOMUMCAMPHORA PIOUS RUBIGINOSA KOELREIMERIA PANICULATA MAGNOLIA GRANDIFLORA ; OLEMSWAN HILL' PODOCARPUS GRAOILIOR GOUGES AGIDPOLIA CAINALICBAULL CAPIPHORA PODOCARPUS ORACULAR TRISTANIA CONFERTA cp,pbop1lS 4r BOX Mu/pled' Pig 43" BOX Cloklearain Tree 4r BOX Southem Magnolia 4r Box Fzuhless olive 4r BOX Pan Pine 4r BCCC Coed Liva Oak 4r BOX Camphor Ikea 24. BOX Bun Pins 24" BOX Mime Box 24.130X LOW SHRUBS: QUERCUS AGRIFOLIA Crawl Live OA IN BOX r Strawberry Mae 15 OALLAN Pigmy Coloneuler 15 GALLON Purple Horsed Bush 15 GALLON &Mom Chevy 15 GALLON SWeel Bay 15 GALLON Gicauder IS GALLON LoogLeafed Mamma 15 GALLON Cotonou laurel Amp 15 GALLON 15 GALLON Shiny Xylem 15 GALLON thaning %die 5 GALLON Baugninvillee 5 GALLON Camellia 5 GALLON Camellia 5 GALLON Alpine. Amt. 5 CALLON *alms. 5114640nm 5 GALLON New Zealand Flex 5 GALLON Split LenePhitodeodroa 5 GALLON Tzbila 5 GALLON Indian Hawthorn 5 GALLON keberg Rom GALLON Trailing Roue GALLON Mexican Sege GALLON Lnumellin• GALLAN LibeOBThatale GALLON Paler Pan GALLON Kangaroo PEW GALLON Azalea Scalum Wien GALLON Jeonnere Boxwood GALLON False Benner GALLON Pounight Lily GALLON Dune Gardenia GALLON Gardenia GALLON GALLON Buglish Lam*. GALLON Wen, Gran GALLON Plop). Renal Mid GALLON Barbour Dune GALLON Feather Owe GALLON Sword Fern GALLON Bun. Baby GALLON Dave Pinworm GALLON Mien Moth= GALLON Romeo GALLON innannilne GALLON Lowman® GALLON GievlBen I GALLON Them I GALLON I GALLON Lonntinue I GALLON Bougainvillea !GALLON Trinidad Flaw Bush !GALLON Munk 'Double While 5 GALLON Royal Trumpet Vine 5 GALLON Lavander Slar Bush 5 GALLON GuineoGoldVine 5 GALLON Boner. Vino 5 CALLAN Bogen Ivy 5 GALLON Eng5.:40w 5 GALLON Dyneau/ka FLATa LT' QC Beech Strawberry PLATE 12" OA Onesnie PLATS® 12" Lily Mir PLATS ® 12" OA Moen Daley PLAID® 12" OA Baby'. Tern PLATE ® 12" OA INIZAINARINGROUVD COVER REQUIREMENZ Hybrid Beam& Meath® MB LAM DS CAP E SHEET L-3 Lot 9 Development 01.q7, CARLSBAD, CALIFORNIA Grand Pacific Resorts Dale 28 AUGUST 2015 LANDSCAPE CONCEPT PLAN - NOTES AND LEGEND LANDSCAPE SIlEET L-4 PLANT ZONE LEGEND SYMBOL DissCIUPTIOS INISORT AND SONFERENCB FACILBDIS ZONE ONE LUSH LANDSCAPE. APPROXIMATELY 31.41, 10.955 S.F. OF TIM TOTAL ITUUOATED ARTA (ADDITIONAL 422 S.P. ONLEITTE) VA SONS TWO REFIt4FD !AMMAN. APPROXIMATELY 19.211, 35499 8.F. OP TTIS TOTAL IRRIGATED AREA (ADDITIONAL 1.453 014,SITE) ZONE FOUR NATIVE LANDSCAPE. IRRIGATED FOR FIRBSUPPRESSION APPROXIMATELY 9.416.5.699 S.F. OP MS TOTAL UNMATED ARTA •••-•7'..' • -12 ••••=1.,•:*, : • - ‘ -• • • 1. , J,,,// I - Mtge.* ar RECYCLED WATER LBO ,1 1 MONO LOT IMMO! • I VILLA • NOTE: FOR WATER CONSERVATION LEGEND AND NOTES, SEE SHEET L-5. SOPLE 1. E!WEIR J R 15 IO DO. 120. Lot 9 Development CARLSBAD. CALIFORNIA Grand Pacific Resorts Dee: MAUD= 2010 WATER CONSERVATION PLAN LANDSCAPE SHEET L-5 WATER CONSERVATION NOTES: I. LANDSCAPE AREAS OF THE PROJECT A. ZONE ONE LUSH LANDSCAPE: LUSH LANDSCAPE WILL ONLY BE USED IN THE AREAS OP 111015 VISIBILITY LIMITED TO THE PROJECT-ENTRY AT THE EXISTING RESORT AND THE CENTRAL RECREATIONAL AREA BETWEEN STIR HOTEUV1LLA AND CONNECTING WALKWAYS. PLANT SELECTION WILL BE BASED ON SUN EXPOSURE AND THE SOIL WILL RE AMENDED TO RETAIN GREATER. MOTSTI 11,1, ZONE ONE WATER REQUIREMENTS I'ORAMATUDULAPSDSOAPESAR1'11MAAT IED OYER THIRTY (305 INCHES OF SUPPLEMENTAL WATER ANNUALLY. B. ZONE TWO - REFINED LANDSCAPE: REFINED LANDSCAPE CONSTITUTES THE MAJORITY OE THE AREAS SURROUNDING THE HOTEL AND TIME SHARE VILLAS. IT UTILIZES PLANT COMBINAnONS WITH MATCHED GROWTH REQUIREMENTS AND STRESSES LOWER WATER USAGE AND MAINTENANCE THAN IN ZONE ONE - LUSH. AS IN ZONE ONE - LUSH LANDSCAPE, PLANT SELECTION WILL BE BASED ON SUN EXPOSURE AND THE SOIL WILL BE AMENDED TO RETAIN GREATER MOISTURE. WATER CONSERVATION NOTES (CONTINUED): XERISCAPE PRINCIPLES APPLIED (CONTINUED): C. WOODY SHRUB MATSRIAL WILL COVER A MINIMUM OF 60% OF THE SHRUB BEDS, AND HERBACEOUS GROUND COVER WILL BE UTILIZED TO COVER REMAINING AREAS. D. ALL LANDSCAPE AREAS OF THE PROJECT WILL BE WATERED WITH A FULLY AUTOMATED IRRIGATION SYSTEM UTILIZING MOISTURE SENSORS IN THE TURF AREAS, AND OTHER DEVICES SUCH AS MASTER CONTROL VALVES AND RAIN SHUTOFF DEVICES. IRRIGATION CIRCUITS SHALL BE ORGANIZED INTO HYDROZONES BASED ON PLANTS, SUN AND SHADE EXPOSURE, TOPOGRAPHY - AND SOILS. SPRINKLER HEAD SPACING SHALL BE 100% OVERLAP OE THE SPRAY DIAMETER, AND SHALL BE DESIGNED FOR MINIMUM RUNOFF AND OVERSPRAY. SPRINKLER HEADS SHALL HAVE MATCHED PRECIPITATION RATES WITHIN EACH CIRCUIT AND HEAD TYPES WILL NOT BE MIXED. THE IRRIGATION SYSTEM SHALL REDESIGNED TO APPLY WATER AT A RATE NOT EXCEEDING THE INFILTRATION RATE OF TIRE SOIL ALL TREES IN LAWN AREAS WILL BE IRRIGATED WITH BUBBLERS FOR DEEP WATERING. PLANT ZONE LEGEND SYMBOL DESCRIPTION ZONE ONE LUSH LANDSCAPE APPROXIMATELY 31.4% 15.9553W OF THE TOTAL IRRIGATED AREA (ADDITIONAL 428 S.F. OFESITE) ZONE TWO REFINED LANDSCAPE- APPROXIMATELY 59.2% - 35,09 S.P. OF THE TOTAL IRILIOATED AREA (ADDITIONAL 1,453 S.F. OFF-SIT ZONE FOUR NATIVE LANDSCAPE. IRRIGATED FORTIRE SUPPRESSION APPROXIMATELY 9.455.5,559 S.F. OF THE TOTAL IRRIGATED AREA ZONE TWO WATER REQUIREMENTS FOR A MATURE LANDSCAPE IS ESTIMATED BETWEEN TENHO") INCHES AND THIRTY (305 INCHES OF SUPPLEMENTAL IILRIGATION WATER ANNUALLY. I PROPOSED TURF AREAS: THE PERCENTAGE OP TURF OF THE TOTAL DEVELOPABLE LANDSCAPED AREMS 17.4%. LIMITATION ON SURE AREAS WILL BE EXEMPT AS THE PROJECT WILL HAVE RECLAIMED WATER AT THE TIME THE APPROVED LANDSCAPE IS METALLED AND WILL UTILIZE THE RECLAIMED WATER ON THE PROPOSED TURF AREAS. 3, RECLAIMED WATER IS AVAILABLE TO TEE SITE IN THE FORM OP A ir PV0PEPH 4. XERISCAPE PRINCIPLES APPLIED: A. THE DESIGN OF THE LANDSCAPE IS INTENDED TO MATCH GROWTH REQUIREMENTS OF THE PLANT COMMUNITIES, TO MODIFY PLANT GROUPINGS TO ACCOUNT FOR SUN AND WIND EXPOSURE, AND TO MINIMIZE WHERE POSSIBLE, WATER AND MAINTENANCE REQUIREMENTS. PLANTS WITH SIMILAR CULTURAL REQUIREMENT OE EXPOSURE, SOILS, AND WATER NEEDS WILL BE GROUPED TOGETHER AND LOCATED ON THE PROJECT SITE IN MICRO-CLIMATES WHERE THEY WILL REQUIRE THE LEAST AMOUNT OF WATER FOR OPTIMUM GROWTH AND MAINTENANCE. B. THE SOILS WILL BE TESTED UPON COMPLETION OF ROUGH GRADING rolurkima AIRLIrf TO SUSTAIN PLANT GROWTH AND WILLER AMENDED A8 NECESSARY TO PROVIDE OPTIMAL CONDITIONS FOR COMMIX° OROWD3 AND DEVELOPMENT OF 775E PLANT MATERIAL. E. ALL FLOWER AND SHRUB BEDS WILL BB MULCHED WITH A 3. LAYER TO CONSERVE MOISTURE. F. LANDSCAPE MAINTENANCE SPECIFICATIONS WILLER PROVIDED TO THE OWNER AND MANAGEMENT COMPANY FOR CONTINUING MANAGEMENT OF TIRE PROJECT AFTER INSTALLATION. 5. THE PLAN SHALL PROVIDE THAT ONLY LOW VOLUME OR SUBSURFACE IRRIGATION SHALL BE USED TO IRRIGATE ANY VEGETATION WITHIN TWENTY-FOUR1NCHES OF AN IMPERMEABLE SURFACE UNLESS-111B ADJACENT IMPERMEABLE SURFACES ARE DESIGNED AND CONSTRUCTED TO CAUSE WATER TO DRAIN ENTIRELY INTO A LANDSCAPED AREA. NOTE: TURF LIMITATION EXEMPTION. AT THE TIME THE APPROVED LANDSCAPE IS INSTALLED, RECLAIMED WATER WILL BE UTILIZED ON THE PROPOSED TURF AREAS. Lot 9 Development CARLSBAD, CALIFORNIA Grand Pacific Resorts Dales 26 AUGUST 2015 WATER CONSERVATION PLAN - NOTES AND LEGEND LANDBOAPE IIINEEF CONDMON A - MANUFACTURED SLOPE VIRE PROTECTION: i t o , 741-'4••••:,' 1..rt ZONE A-I ZONE A-2 ZONE A-3 CONDMON U - NATIVr SLOPES - WILIAAND FIRE PROTECTION: ZONE B-1 ZONE ZONE 13-3 Exurralo Resoscr Am CONIMUiNal FAcames i " •••• • • •' • •-• ;•',\,?!117.'n7t7WP. j.:51,•••;/., " • CONDMON C MANUFACTURED OR NATURAL SLOPES MUCHOCCOk j ' • OUTSIDE THE FENCE LLNIS OR PROPRRTY: •PA' ZONF. • ADDMONAL INVROMATION. IODATING TRAILIIIIAD FIRE HYDRANT- SEE CIVIL ENOINEERRIO PLANS 1.11/.141rs. IDDSTINO BICYCLIDWATEILINS EXISTING emici40 Uly ,r• 1 , I ; : COUBTINO! I j VILLA RSyS D.cr 1205 /10.•LE: IN SO' OW NY SSO. Lot 9 Development FIRE PROTECTION PLAN CARLSBAD. CALIFORNIA Grand Pacific Resorts DUOS 28 AUGUST 2015 FIRE PROTECTION ZONE LEGEND SYMBOL FIRE CURL MODIFICATION TONES ' ffid LANDSCAPE SHEET L-7 FIRE PROTECTION NOTES: FIRE PROTECTION NOTES CONTINUED: FIRE PROTECTION NOTES CONTINUED: FIRE PROTECTION ZONE LEGEND SYMBOL FIRE FUEL MODIFICATION ZONES CONDITION A: SLOPE - FIRE PROTECTION ZONE A-1: I. ZONE A-I SHALL BE MEASURED HORIZONTALLY 16 FEET OUTWARD FROM THE OUTLYING EDGE OP ANY HABITABLE STRUCTURE(S) OR INWARD FROM THE TOP OF SLOPE. 1. PLANTING WITHIN ZONE A-I SHALL CONSIST OF GROUND COVER ORLOW GROWING SHRUBS SPECIES (LESS THAN THREE (3) Farr IN HEIGHT) KNOWN TO HAVE FIRE RESISTIVE QUALITIES. 3. NO TREES OR SHRUBS (OVER THREE (3) FEET IN BRIGHT AT MATURITY) SHALL BE ALLOWED, 4. IPIRIGATION SHALL BE REQUIRED AND ALUNTAINED. 5. ALL ATTACHMENTS TO THE ETEULTURE SHALL BE NONCOMBUSTIBLE, 6. NO SOLID FUEL FIRE PIM OE ouroocuunts PLACES SHALL/3E PEEWIT/3D. ZONE 1....74 L ZONE A-1 SHALL BE MEASURED HOIGZONTALLY 2.1) FEET OUTWARD FROM TEE OUTLYING EDGE OF ZONE A..1, 2. PLANTING WITHIN THIS ZONE SHALL CONSIST OF LCAY WATER USE PLANT SPECIES KNOWN TO HAVE SLOW BURNING, LOW FUEL CHARACTERISTICS. 3. NO TREES SHALL BE ALLOWED. 4. IRRIGATION SHALL BE REQUIRED AND MIUNT 5. IF ZONE A.2 CROSSES OVER A FENCE LINE, A SIX (6) FOOT min STRIP OF MODIFIED LANDSCAPING SHALL BE PROVIDED PARALLEL TO THE FENCE LINE IN ORDER TO PROVIDE ACCESS PORFIREFIGHIERS. PLANTS LOCATED WITHIN THE SIX (6) FOOT ACCESS AREA SHALL NOT EXCEED A =our OF IS INCHES AT MATURITY. ZONE A-3. I. ZONES--S SHALLRRMEASUREDOSTI'WAIWPROMTHE OUTLYING EDGE OF ZONE Ap2. IT SHALL INCLUDE THE, REMAINDER OF THE AREA 13EIATEN ZONE 1.2 AND HEGHEIBIC FIRE AREAS. 2. THI3 HORIZONTAL DISTANCE FROM THE STRUCTURE(S) TO HAZARDOUS NATIVE VEGETATION SHALL NOT BE LESS THAN 60 MET.. 3. PLANTING WITHIN THIS ZONE SHALL CONSIST OF LOW WATER USE OR DROUGHT TOLERANT PLANT MIMES KNOWN TO HAVE SLOW BURNING, LOIVEUEL CHARACTER/SUMNER AREAS. 4. TREES MAY BE ALLOWED AT THE DISCRETION OF THE FIRE CODE OFFICIAL PROVIDED THAT, AT MATURITY, A20-Poor SPADING CAN BE MAINTAINED BETWEEN THE TREE CANOPIES. S. EIIUGATION SHALL HE REQUIRED AND MAINTAINED. CONDITIONS: NATURAL SLOPES WITH NATIVE VEGETATION- EIRE PROTECTION ZONES-I: I. ZONE B.1 SHALL BE MEASURED HORIZONTALLY 20 FEET FROM THE OUTLYING EDGE OF ANY HABITABLE STRUCIURE(S) TOWARD THE NATIVE VEGETATION OR INWARD FROM THE TOP OF SLOPE OR EDGE OF NATIVE VEGETATION. 1. PLANTING WITHIN THIS AREA SHALL CONSIST OF GROUND COVER OR LOW GROWING SHRUB SPECIES (LESS THANTBSEE tp. )FEET IN HEIGHT) KNOWN TO HAVE FIRE RESISTIVB QUALITIES ERAS OTHERWISE REQUIRED BY illE I. NO TREES OR SHRUBS (OVER THREE (3) FEET IN HEIGHT AT MATURITY) SHALL BE PERMITTED. 4. IRRIGATION SHALL BE REQUIRED AND MAINTAINED. I. ALL ATTACH3IENTS TO THE STRUCTURE SEARS-BR NONCOMBUSTIBLE. 6. NO SOLID FUEL FIRE PITS OROUTDOOR FIREPLACES SHALL BE PERMITTED. ZONE 22: ZONE Ha SHALL HE MEASURED HOIGZONTALLY 20 FEET OUTWARD FROM THE OUTLYING EDGE °PEONS 8.1 2 "HIGH FUEL' SPECIES, A9 LISTED IN APPEND/X C, SHALL BE REMOVED. 3. UP TO 50% OF THE VOLGA'S OF THIMIO.DERATE FUEL.' SPECIES, AS LISTED IN APPENDIX C. SHALL BE REMOVED BY SELECTIVE PRUNING. 4. PLANTING WITH/NUBS ZONE SEIALL CONSIST OF LOW FUEL SPECIES. 5. TREES AND LARGE TREE-FORM SHRUBS (E.G. OAKS, SUMAC. TOYON) WHICH ARE BEING RETAINED SHALL HE PRUNED TO PROVIDE CLEARANCE EQUAL TO THREE (3) TIMES THE HEIGHT OF THE SURROUNDING UNDERSTORY PLANT MATERIAL OR SIX (6) FEET, WHICHEVER IS HIGHER. DEAD AND EXCESSIVELY TWIGGY GROWTH SHALL BE REMOVED. 6. IRRIGATION SHALL BE REQUIRED AND MAINTAINED. 7. INTONE 13.2 CROSSES OVER A FENCE LINE, A sa (6) FOOT WIDE STRIP OF MODIFIED LANDSCAPING SHALL BE PROVIDED PARALLEL TO THE FENCE LINE IN ORDER TO PROVIDE ACCESS FOR FIREFIGHTERS. PLANES LOCATED WITHIN THE SIX (6) FOOT ACCESS AREA SHALL NOT EXCEED A HEIGHT OF IS INCHES AT MATURITY. ZONE 23: I. ZONE 13-3 SHALL BE MEASURED HORIZONTALLY 20 FEET OUIWARD FROM THE OUTLYING EDGE OF ZONE /3.2. THE OUTER EDGE OF ZONE E1-3 SHALL EXTEND HORIZONTALLY TO A POINT AT LEAST 60 FEET FROM STRUCTURES. 2. 'SIGH FUEL" SPECIES, AB LISTED IN APPENDEZ C SHALL ITE REMOVED. 3. UP TO 50% OF THE VOLUME OF VEGETATION SHALL BE THINNED. SHRUBS MAYBE RETAINED PROVIDED THAT THEY ARE PRUNED TO A MAXIMUM HEIGHT OF FOUR (4) FEET. 4, TREES AND TREE-LIKE SHRUBS (E.G. OAKS, SUMAC, TOYON) WHICH ARE BEING RETAINED SHALL BE PRUNED TO PROVIDE CLEARANCE EQUAL TO THREE TIMES THE HEIGHT OF THE SURROUNDINGUNDERSTORY PLANT MATERIAL OR SIX (6) FEET, WHICHEVER'S HIGHER. DEAD AND EXCESSIVELY TWIGGY GROWTH SHALL ALSO BE REMOVED. 2 IRRIGATION IS NOT REQUIRED. CONDITION C: FUEL MODIFICATION ZONES FOR MANUFACTURED OR NATURAL SLOPES WHICH OCCUR OUTSIDE THE FENCE LINE OR PROPERTY ZONE C-I: I. ZONE C.1 SHALL BE MEASURED HORIZONTALLY 20 FEET OUTWARD FROM THE OUTLYING EDGE OF THE FENCE. LINE. 2. PLANTED WITH GROUND COVER OR LOW GROWING SHRUB SPECIES (LESS THAN THREE (3) PEET IN HEIGHT) E.MOWN TO HAVE FIRE RESISTIVE QUALIIIES. 3. TREES ARE ALLOWED, 4. IRRIGATION SHALL BE REQUIRED AND MAINTAINED. GENERAL FIRE PROTECTION NOTES: I. THE PLAN SHALL CONFORM TO CHAPTER 49 OF THE CALIFORNIA FIRE CODE AND/OR CHAPTER 7A OF THE CALIFORNIA BUILDING CODE, AS ADOPTED BY THE CITY OF CARL.SBAD. I. rris THE APPLICANT' RESPONSIBILITY TO SECURE AGREEMEN19 WITH OWNERS OF ADJACENT PROPERTY TO MODIFY/MITIGATE OFFSITE WILDLAND FIRE HAZARDS TO THE SUBJECT PROPERTY. SO THAT CONFORMANCE WITH THE EIRE PROTECTION PLAN AND ADOPTED STANDARDS IS ACHIEVED AND MAINTAINED. 3. MAINTENANCE ACCESS SHALL BE PROVIDED TO ALL FIRE PROTECTION AREAL ALL MAINTENANCE ACCESS POINTS SHALL BE IDENTIFIED ON THE RECORDED DRAWINGS AND A MAINTENANCE ACCESS AGREEMENT SHALL BE RECORDED FOR THE SUBJECT PROPERTY. 4. DEBRIS AND IRIM1.1INGS PRODUCED BY MAINTENANCE AND THINNING SHALL HE REMOVED FROM THE SITE OR SHALL BE CONVERTED TO MULCH HY A CHIPPING MACHINE AND EVENLY DISPERSED OVER THE AREA TO A MAXIMUM DEPTH OF FOUR (4) INCHES.RTY. 5. INSPECTIONS OF FUEL MODIFICATION ZONES MAY OCCUR THROUGHOUT THE YEAIL THE FIRE CODE OFFICIAL OR IIIS REPRESENTATIVE SHALL PROVIDE DETAILED MAINTENANCE REQUIREMENTS IN THE EVENT OF A DISPUTE. ALL REQUIRED MAINTENANCE WILL BE IN ACCORDANCE WITH THE APPROVED PLANS. ADDITIONAL MAINTENANCE MAY BE REQUIRED ATMS DISCRETION OF THE FIRE CODE OFFICIAL 6. FENCING RETURNS THAT ARE ATTACHED TO A STRUCTURE AND/OR ANY FENCE LOCATED WITHIN THE DRIP LINE OF THE EAVES SHALL BE CONSTRUCTED WITH NONCOMBUSTIBLE MATERIALS IF LOCATED WITHIN 100 FEET OF UNDISTURBED NATIVE AREAS. 7. THE FIRE CODE OFFICIAL MAY REQUIRE DOCUMENTARY PHOTOGRAPHS OF SLOPES AT THE TIME OF TREATMENT. THESE PHOTOGRAPHS WILL REMAIN IN POSSESSION OF THE CITY ABA REFERENCE FOR FUTURE COMPLIANCE INSPECTIONS BY THE MT. S. NO HIGH FUEL SPECIES SHALL BE PLANTED IN FIRE SUPPRESSION ZONES. BOUGAINVILLEA AND LONICERA JAPONICA SHALLNOT BE USED WITHIN FIRE SUPPRESSION ZONIS. CONDITION A - MANUFACTURED SLOPE EIRE PROTECTION: ZONE AS ZONE A-1 ZONE AnT CONDITION II - NATTVE SLOPES - WILDLAND FIRE PROTECTION: ZONE 9.) ZONE B4 ZONE B-3 CONDITION C- MANUFACTURED OR NATURAL SLOPES WHICH OCCUR OUTSIDE THE PENCISLINE OR PROPERTY: ZONE C-1 ADDITIONAL INFROMATION: 6.4 EIRE HYDRANT- SEE CIVIL ENGINEERING PLANS Lot 9 Development CARLSBAD, CALIFORNIA Grand Pacific Resorts Date: 26 AUGUST 2016 FIRE PROTECTION PLAN - NOTES AND LEGEND SHEET P1 OF 2 PAR/(/N SUMMARY FULL SITE os atom Paw 5,000 4fiR871f5 517,1/.55, 017777 .Y.1264 FACILITIES UNIT QUANTITIES PARKING PER UNIT CONVENTIONAL UNITS 172 UNITS 0 1.2 SPACES /WIT LoCK-OFF WITS 178 UNITS 0 1.5 SPACES /UNIT RENTAL: PAWING REQUIRED (15% SHARED PAWING): NO771 141075 FACILITIES UNIT QUANTITIES MIXING PER WIT MT. 1 125 UNITS 0 1.2 SPACES /UNIT NaTEL 2 125 UNITs 0 1.2 SPACES /WIT HOTELS 100 UNITS 0 1.2 SPACES /UNIT SUENoTAL: PAWING REQUIFED (15% SHAPED PAWING): 851761- ANO caviu&va- FW/L/77ES FACILITIES WIT QUANTITIES PARKING PER WIT RESTAUFONT #2 1100 Sor 0 1 S.ADSS /100 SQPT 1AEETING ROAM 2000 WATT 0 5 SEATS /S.A. StABOTAL: PARKING REQUIRED (15% SCARED PAWING): RINUNC PASS FACILITIES WIT QUANTITIES PARKING PER WIT PSTAURANT #1 7000 SQPT • 40 SPACES -1-1 SPACE/TOW SUBTOTAL4 PARKING REQUIRED (155 SAWED PAWING): TOTAL PARKING AVAILABLE ON SITE (RUM TO SAMAR( BELOW): TOTAL P7051150 3)001000 al SITE (WITH 15% WARM PARKING): SWSLUS PARER@ PRINIDED 50005470 SITE PLUM PARKING SPACE DESCRIPTION % OF TOTAL PAWING PROVIDED PAWING STANDARD PAraING (B.S' X 2.'): PAWING ON-GRAIDE 85% Cf TOTAL P70053 SPACES PAWING IN PARKING 511001505 BM OF TOTAL PAWING SI SPACES (0.5'C70000T P70001185 PARKING CNI-GRACE: 75 of TOTAL PAWING 84 SPACES PAWING IN PARKING STRUCTURE DX OF TOTAL PAWING 1 SPACES ACCESSIBLE PARKING (P000001 CBC): PARKING 014-70005 20 OF TOTAL PARKINS 25 SPACES PARKING IN PARKING suitxnne D% OF TOTAL PARKING SPACES TOTAL PARKING ON GRADE 1.216 SPACES TOTAL PAWING IN PAWING sTRULTURE: 81 sPAcEs TOTAL. PAWING ONSITE PROVIDED: 1,297 WALES /182‘10779/7,7.445 at. 54-If FACILITIES UNIT QUANTITIES PARKING PER WIT REWIRED PA5 CONVENTIONAL WITS 86 WITS 0 1.2 SPACES MIT LOOK-OFF WITS 268 WITS 0 1.5 WALES /UNIT LOT I CoNVENTIoNAL WITS 20 WITS • 1.2 SPACES /UNIT LOCK-OFF WITS 18 WITS 0 1.6 WADES MIT SUBTOTAL: NOTE WIN FACILITIES WIT QUANTITIES PARKING PEI UNIT REQUIRED PAWING HOTEL 1 129 WITS 0 1.2 sPADES /WIT 155 WAGES HOTEL 2 121 WITS • 1.2 s.ACEs /WIT 14$ WAGES HOTELS 48 UNITS 0 1.2 SPACES MIT 08 WAKES HOTEL 4 40 WITS 0 1.2 SPACES MIT 48 SPACES LOT 8 71 WITS 0 1.2 SPACES MIT 86 WAGES SUBTOTAL: 492 WOES FE27017 RESIZT AIVO CVNFINEVC( FACYLIIIES FACILITIES WIT QUANTITIES PARKING PER WIT REQUIRED PAWING PESTAMANT 12 3500 EFT 0 1 SPACES /100531 35 WAGES MEETING ROOM 2000 SEATS 0 5 WATS /SPACE 400 WAGES SUEROTALI 435 SPACES PROVSEO SHERATON' RESORT ,7000 aillFERSVC r 4071{777ES FACILITIES WIT QUANTITIES PAWING PER WIT tisquumo PARKING RESTAURANT 111 4200 SOFT 0 40 WOES /4000 SOFT 42 WAGES 1LETING 500115 ISO WATT 0 5 SEATS /SPACE 36 WAKES SUBTOTAL: 713 SPACES TOTAL PARKING AVAILAElE ON SITE (REFER TO SlAWART BELOW): 1,340 SPA= TOTAL PAWING REQUIRED 00 5111 (WITH 160 SHARED AMINO: 1,312 SPACES 500071-000 570801109 28 WAGES PROVIDED SNOWN ON SITE PLAM PARKING WACE DE.RIPTION % OF TOTAL PARKING PROVIDED PARKING STNEARD PARKING (8.5' 000'): PAWING 014-0040E 720 of TOTAL PAWING 908 SPACES PARKING IN P400<140 010.8111770 BA OF TOTAL PAWING 117 R.ACES 0505000 PARKING (8.5' X 15'): PAWING oti-cruca 15% OF TOTAL PARKING 217 WACES PAWING 15 570810110 STRUCTIFIE OF Of TOTAL PAWING 1 WAGES ACcEsSIBLE PAWING (PER 2010 CSC): PARKING ON-GRADE a OF TOTAL PARKING 31 WAC. PARKING IN P70801100 01010715100 0% Of TOTAL PAWING 5 SPACES TOTAL PARKING 30 500100 1,217 MACES TOTAL PARKING IN PARKING STRUCTURE: 123 WACES TOTAL PARKING ON SITE PROVIDER 1.240 SPACES RECUR. PARKING 206 sPACEs 267 WAGES 473 SI.A.S 402 SPACES REWIRE, PARKING 150 SPACES 150 SPACES 120 SPACES 423 SPACES 357 SPACES REQUIRED PARKING 30 WADES 400 WADES 430 WOO. 356 SPACES REQUIRSO PARKING 10a SPACES 100 WAGES 85 SPACES 1.297 SPACES 1,210 SPACES 87 SPACE3 PARKING 104 SPACES 387 SPACES 24 WAS. 24 SPACES 539 SPACES 0 180 840 VIOINI. MAP • SGUE /WO' EXCEL PAS&Lot 9 Developmen CARLSBAD, CALIFORNIA Grand Pacific Resorts Dote, 21A0050T2015 70ENGINEERING 1.1116 04.0.133110 RING10 mo 522 222 2232070 12021 00 OM 10-6111 RV MD 78-1166 PARKING SUMMARY SHEET P2 OF 2 _ SCALE 11=60' o A0CaSFLE O COMPACT a 60 189 100 860 1101EL MIR:ROUND PARKING) NM. 1 MATH UNGERGRMING POSING) ,40015Y0LE COMPACT o ,4cct8970LE 21 0CWPACT RESTAURANT 12 RESORT AIM MINFERENCE LEVER .f> 1- c4` 571.1 SALES GUIDING AXESSYY.E 0 COMPACT O AL .5.5/EILE O CB11,9401" 2 ACCE23181E 0 COMPACT =ITT MAP PAS&Lot 9 Development EXCEL CARLSBAD, CALIFORNIA Grand Pacific Resorts Ont. PT AUGUST1015 41401116 1,044 ”ff• 9117 an. ENGINEERING WO Pilaff OK MEM NOM 030005 MAE BOHM GI WO 113.00)74S-11118 NIX 17371 705-1510 PARKING SUMMARY Planning Commission Minutes December 16, 2015 Page 3 2. EIR 15-02/GPA 14-03/ZC 14-02/LCPA 14-03/SP 207(K)/CT 14-08/PUD 15-01/SDP 14- 11/CUP 15-03/CDP 14-29/HDP 14-06 — WESTIN HOTEL AND TIMESHARE — Request for the certification of an Environmental Impact Report (EIR 15-02), including the approval of Candidate Findings of Fact and Mitigation Monitoring and Reporting Program; and approval of a General Plan Amendment, Zone Change, and Local Coastal Program amendment to change land use from Public/Planned Industrial/Office (P/PI/0) to Visitor Commercial (VC) and to change zoning from Exclusive Agriculture/Planned Industrial/Office (E-NP-M/O) to Commercial Tourist with a Qualified Development Overlay (C-T-Q) and a Specific Plan amendment to incorporate 3.6 acres into the Carlsbad Ranch Specific Plan as Planning Area 5A, and a request for approval of a subdivision map and non-residential Planned Development Permit to create 36 timeshare condominium units, a Site Development Plan, Conditional Use Permit, Coastal Development Permit and Hillside Development Permit for the development of a 71 room 4-story hotel and 36 unit 3-story over basement parking timeshare building, and onsite parking reduction of 12.9% for common parking on 3.6 acres generally located west of The Crossings Drive and north of Grand Pacific Drive in the northwest quadrant of the City within the Mello II segment of the Local Coastal Program and in Local Facilities Management Zone 8. The project is not within the appealable area of the California Coastal Commission. Commissioner L'Heureux disclosed that he has previously handled the estate of the project applicant's consultant; however there is no conflict of interest with him participating in the agenda item. Mr. Neu introduced Agenda Item 2 and stated Senior Planner Christer Westman would make the staff presentation. Mr. Westman gave a brief presentation and stated he vvould be available to answer any questions. Chairperson Anderson asked if there were any questions of staff. Chairperson Anderson asked about the Mitigation Monitoring and Report Program and the changes being requested by the San Luis Rey Band of Mission Indians as well as the archeology society. Mr. Westman stated that they would like to continue consultations in order to further improve and refine the language in the approving documents. Because this a recommendation of approval to the council, that process will continue. Ron Kemp, Assistant City Attorney, stated they are opposed to the project in principle. However, given the consultations and negotiations with the city, they are satisfied with the project moving forward. Mr. Kemp commented that the San Luis Rey Band of Mission Indians reserve the right to tinker with the documents. Mr. Westman stated a critical factor with this project is the foundation system. He stated the type of system for this project is a caisson foundation which has a different type of impact on the soil beneath it. Mr. Kemp stated the Commission would review that item as a mitigation measure that would lessen the impact of the construction of the hotel on the cultural resources that may be there. Chairperson Anderson asked about the possible dedication of open space. Mr. Westman explained that if the project is approved and constructed, there will be areas within the 3.6 acres, particularly the courtyard/garden area, which will have a cultural resources easement. Commissioner Black asked about the removal of the water tank and if another tank will be installed. Mr. Westman stated no other tank will be installed on the property as there is sufficient supply from other sources. Commissioner L'Heureux commented that a mitigation measure will be developed stating that a caisson foundation is the preferred method of construction. Mr. Westman explained that the caisson foundation is part of the project and there will not be any further changes. The San Luis Rey Band of Mission Indians are concerned that there may be too much information included in the documents that may reveal sacred resources on the property and they would like to see the language modified to lessen the identification of sensitive resources. Mr. Kemp stated that there is an agreement in principle with the San Luis Rey Band of Mission Indians. There are no substantive changes proposed to the project, it is simply wordsmithing. The city will be meeting with the San Luis Rey Band of Mission Indians on Monday. If there are any substantive changes, the San Luis Rey Band of Mission Indians would like to reserve that right when the project moves forward to City Council. Planning Commission Minutes December 16, 2015 Page 4 Chairperson Anderson asked if there were any further questions of staff. Seeing none, she asked if the applicant wished to make a presentation. Bill Hofman, Hofman Planning and Engineering, 3152 Lionshead Av, Carlsbad, gave a detailed presentation and stated he would be available to answer any questions. Commissioner Black asked about the placement of the caisson foundation and what will happen if artifacts are found. Mr. Hofman stated that they are obligated by state law to immediately cease operations, identify it and mitigate it. Commissioner Montgomery asked about the changes to the existing hotel. Mr. Hofman deferred to Tim Stripe. Tim Stripe, Grand Pacific Resort, 5900 Pasteur Court, Carlsbad, explained the construction of the new hotel which will have separate lobbies, separate check-ins, and separate restaurants. Commissioner L'Heureux asked for clarification regarding the franchise agreement. Mr. Stripe stated that the franchise agreement calls for 200 Sheraton rooms and 200 Westin units. Commissioner L'Heureux asked about the number of hotel rooms in the city and the demand. Mr. Stripe stated that what exists today under the Sheraton brand is 250 rooms. They will be adding 150 rooms and Mr. Stripe stated he is confident the demand is there for that segment of property. Commissioner L'Heureux asked about the timeframe for the entire project. Mr. Stripe estimated late spring 2018 as long as the approval process goes as planned. Commissioner L'Heureux asked about cumulative impacts of traffic on Palomar Airport Road and the fact there is no mitigation required. Mr. Hofman explained that they reviewed the project at a very worst case scenario with the Caruso project being approved. Looking at this project by itself and the driving patterns of hotel guests in general, they just do not drive during peak hours. Commissioner Segall asked if the entrance from the lobby to the new entrance will be covered. Mr. Hofman stated it is outdoors now and it is not an issue. Commissioner Segall asked about the parking for the "V" shaped building. Mr. Stripe stated that most guests that„use the Westin brand will look for valet parking, not self-parking. He added that for the Marbrisa Timeshare units, there will be basement parking plus 40 surface spaces. Chairperson Anderson asked about the comment regarding an underserved market for 4 star hotels. Mr. Stripe explained that currently the Sheraton runs at about 83% occupancy. They feel with the price differentiation between the brands they will obtain the same occupancy rate. Chairperson Anderson asked if that has any bearing on the Caruso project. Mr. Stripe stated no. Chairperson Anderson asked about employee parking. Mr. Stripe stated that the employees currently park in the lower lot. In the future, there will still be available parking for employees, however if issues arise in the future, there is still room for a parking garage. Chairperson Anderson asked about the additional buildings to be constructed after this. Mr. Stripe stated that this plan includes project buildout. Chairperson Anderson asked about the basement adjacent to the elevator and if it is allowed. Mr. Westman stated it is considered a basement because it is completely underground. It is not counted in the building height and is considered to be exempt. Commissioner Montgomery asked if there a physical alteration to the existing buildings to bring it to the level of Westin standards and if so will it go through the Planning Commission or if it will be done through the building permit process. Mr. Stripe stated the rooms were built to the Westin standards. There will be interior upgrades to the rooms. Chairperson Anderson asked if there were any further questions of the applicant. Seeing none, she asked if any person in the audience wished to speak on the item. Seeing none, Chairperson Anderson opened and closed public testimony on Agenda Item 2. Chairperson Anderson commented that there are no requirements for employee parking. Mr. Westman stated that the city does not have employee parking standards for any commercial or industrial buildings. DISCUSSION Commissioner Montgomery stated that he make all the findings and believes the project meets the standards. He can support the project. Commissioner Black commented that he is concerned about the traffic, however he can support the project. Planning Commission Minutes December 16, 2015 Page 5 Commissioner L'Heureux thanked the applicant for designing the project. He stated he is also concerned with the traffic and is torn with the impacts from other potential projects. Commissioner L'Heureux stated that he can support the project. Commissioner Segall likes the campus nature of the project. He can support the project but he too has concerns with the cumulative traffic impacts. Chairperson Anderson stated she can support the project. MOTION ACTION: Motion by Commissioner Segall and duly seconded by Commissioner Black that the Planning Commission adopt Planning Commission Resolution No. 7138 recommending that the City Council certify the Environmental Impact Report EIR 15- 2, including the approval of Candidate Findings of Fact and a Mitigation Monitoring and Reporting Program, and adopt Planning Commission Resolutions No. 7139, 7140, 7141, 7142, and 7143, recommending approval of General Plan Amendment GPA 14-03, Zone Change ZC 14-02, Local Coastal Program Amendment LCPA 14- 3, Specific Plan Amendment SP 207(K), Carlsbad Tract Map 14-08, Non- Residential Planned Development Permit PUD 15-01, Site Development Plan SDP 14-11, Conditional Use Permit CUP 15-03, Coastal Development Permit CDP 14-29, and Hillside Development Permit 14-06 based on the findings and subject to the conditions contained therein including the errata sheet dated December 16, 2015, VOTE: 5-0 AYES: Chairperson Anderson, Commissioner Black, Commissioner L'Heureux, Commissioner Montgomery and Commissioner Segall NOES: None ABSENT: Commissioner Siekmann ABSTAIN: None Chairperson Anderson closed the public hearing on Agenda Item 2 and called for 10 minute recess. RECESS Chairperson Anderson called for a 10 minute recess at 7:48 p.m. MEETING CALLED TO ORDER Chairperson Anderson called the meeting to order at 8:00 p.m. with all Commissioners present. Chairperson Anderson asked Mr. Neu to introduce the next item and opened the public hearing on Agenda Item 3. 3. RP 92-10(A)/CDP 92-08(A) — BLUEWATER GRILL — Request for a recommendation of approval of a Major Review Permit Amendment and Coastal Development Permit Amendment to add 2,049 square feet of interior restaurant space and a 1,202 square foot outdoor dining area to an existing 3,346 square foot restaurant and participation in the Parking In-Lieu Fee Program for 21 parking spaces. The 0.19-acre project site is addressed as 417 Carlsbad Village Drive, and located within Land Use District 1, Carlsbad Village Center, of the Village Review (V-R) Zone and Local Facilities Management Zone 1. The project qualifies as a CEQA Guidelines Section 15332 (In-Fill Development Projects) Class 32 Categorical Exemption. This project is not located within the appealable area of the California Coastal Commission. Mr. Neu introduced Agenda Item 3 and stated Assistant Planner Chris Garcia would make the staff presentation. Mr. Garcia gave a brief presentation and stated he would be available to answer any questions. ffCityof Carlsbad Memorandum January 26, 2016 To: City Council, via Kathy Dodson, City Manager From: Christer Westman, Senior Planner Via Don Neu, City Planner Re: Errata Sheet for Agenda Item # 9 - EIR 15-02/GPA 14-03/ZC 14-02/LCPA 14- 03/SP 207(K)/CT 14-08/PUD 15-01/SDP 14-11/CUP 15-03/CDP 14-29/HDP 14-06 — WESTIN HOTEL AND TIMESHARE Staff is recommending that the City Council include the following revisions to the Final Environmental Impact Report (FEIR) for the Westin Hotel and timeshare project. 1. Edits to pages 10-12 shown in strikeout/underline text to the Findings of Fact that reflect the Mitigation Monitoring and Reporting Program measures CR-1, CR-21 and CR-3 as proposed. 2. Addition of a letter presented by the San Luis Rey Band of Mission Indians to the Planning commission regarding the Westin Hotel and Timeshare project and Environmental Impact Report. The addition includes a response to the letter and its inclusion into the Final Environmental Impact Report as Letter D. Community & Economic Development Planning Division 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8560 fax 1310-2 requires: either construction shall occur outside the coastal California gnatcatcher breeding season (between March 15 and August 15), or U.S. Fish and Wildlife Service (USFWS) protocol pre-construction nest surveys shall be conducted and nest avoidance measures shall be implemented if nests are found. For coastal California gnatcatcher avoidance measures, a qualified acoustician must complete a study showing that noise generated by construction activities will not exceed 60 A-weighted decibels (dB(A)) hourly average at the edge of occupied habitat prior to construction, and take of active nests shall be prohibited. Rationale and Conclusion Impacts to raptors, migratory, nesting birds, or coastal California gnatcatcher would be mitigated through implementation of BIO-1 and. B10-2, which require grading and construction to occur outside the bird breeding season. If grading must occur during the breeding/nesting season, pre-construction surveys would be required to determine absence or presence. If present, appropriate buffers would be implemented to avoid direct impacts. Measure B10-2 would further require noise analysis and monitoring to ensure that noise levels do not exceed 60 dB(A) hourly equivalent sound level (Le) within 500 feet of habitat occupied by the coastal California gnatcatcher. A fenced protective buffer and supervision by a qualified biologist would also be required. Project impacts to sensitive wildlife would be mitigated to below a level of significance. Implementation of these mitigation measures is assured through their incorporation into the project's MNIRP. Reference: Final EIR Section 4.4.3. Cultural Resources Archaeological Resources Potentially Significant Effect The project site contains portions of a significant archaeological site, CA-SDI-8797 Locus C, which was previously capped in conjunction with a prior project and. includes a subsurface archaeological deposit and human burial(s). Development of the project site would result in some disturbance to CA-SDI-8797 Locus C; however, impacts to known human burials would be avoided. Disturbance of CA-SDI-8797 Locus C would be considered a significant impact. In addition, project grading could result in significant impacts to currently unknown and buried prehistoric/archaeological resources on-site. Facts in Support of Finding The project's potentially significant impacts to the capped portion of CA-SDI-8797 Locus C would be avoided to the maximum extent practicable through the use of an alternative foundation design that would allow the structure in the location of CA-SDI-8797 Locus C to essentially float over the ground surface by transferring the weight of the structure deep -10- into the earth by installing concrete piles, or caissons. The structure would require 47 caissons to support the hotel foundation, and each caisson would require disturbance of an approximately 1 meter x 1 meter section of earth. Additionally, installation of the elevator pit and basement area would require penetration of the capped portion of CA-SDI-8797 Locus C, which would be a potentially significant impact. Implementation of the data recovery program as detailed in ARC 1 CR-2 would ensure that any cultural material present in the area of SDI-8797 Locus C would be recovered and reburied within the project site to retain the cultural value of the resource on-site. The data recovery program would could include hand excavation of 100 percent of the material extracted from the 1 meter x 1 meter test units for each caisson; data recovery of the basement and elevator pit at a minimum of 15 percent of the excavated material, up to 100 percent of the excavated material depending on the extent of cultural materials encountered during data recovery for caissons; and additional, data recovery within the fenced area around the water tank that has never been subject to subsurface archaeological testing. Implementation of ARC 1 CR-2 would ensure that the research potential of the site has been exhausted and that any cultural material encountered during data recovery would be identified and reburied within the on-site open space easement to preserve cultural material within the site. The project's potentially significant impacts to currently unknown and buried prehistoric/archaeological resources on-site would be mitigated through implementation of mitigation measure ARC 2 CR-1. Specifically, ARC 2 CR4 is require° the preparation of a monitoring plan and includes the presence of the Archaeological Monitor and Native American Monitor from the San Luis Rey Band of Mission Indians during grading/exca.vatMn/ trenching activities that could result in impacts to archaeological cultural resources as identified in the monitoring plan. Prior to any construction permits, the City shall verify that the requirements for archaeological monitoring and Native American monitoring have been noted on the appropriate construction plans. The Qualified Archaeologist and Native American Monitor shall attend any grading/excavation-related preconstruction meetings to make comments and/or suggestions concerning the archaeological monitoring program. Included in this mitigation. measure is the requirement that the Archaeological Monitor shall document field. activity and if a discovery is made, the monitors shall divert construction activities from the area of discovery. After following the identified protocol to determine significance, either a data recovery program shall be implemented for significant resources or less than significant artifacts shall be collected.; curated, and documented in the Final Monitoring Report. If human remains are discovered, work shall stop in that area, and the procedures as set forth in the California Public Resources Code (Sec. 5097.98) and State Health and Safety Code (Sec. 7050.5) shall be followed. Additional details of this mitigation measure are included in Section 4.4.4.3 of the Final EIR. -11- Mitigation measure ARC 3 CR-3 would provide protection in perpetuity through an open apace a cultural conservation easement for the known archaeological resources on-site. While the project would impact a portion of CA-SDI-8797 Locus C through installation of caissons and a basement and elevator pit, the majority of this site would remain undisturbed. Measure ARC 3 CR-3 would ensure that no further disturbance to the archaeological site would occur after project construction. Rationale and Conclusion The actions making up mitigation measure ARC 1 CR-2 identified in Section 4.4.4.3 of the Final EIR assure the recovery and recording of important prehistoric/archaeological information, which may otherwise be lost during construction of the proposed project. The requirements of ARC 2 CR-1 ensure that an Archaeological Monitor and Native American Monitor from the San Luis Rey Band of Mission Indians would be present for all grading activities and assure that grading shall be halted or diverted should any discovery be made. In the event that a discovery of prehistoric or archaeological resources occurs during grading for the proposed project, the determination of significance shall be made and the mitigation measure outlined in the Final EIR shall be implemented. ARC 3 CR-3 would provide protection in perpetuity for the known archaeological resources on-site (CA-SDI- 8797 Locus C). These mitigation measures would reduce potentially significant impacts to archaeological resources to a less than significant level. Implementation of these mitigation measures are assured through their incorporation into the project's MMRP. Reference: Final EIR Section 4.4.4 Paleontological Resources Potentially Significant Effect The project site is underlain by Santiago Formation and Lindavista Formation, which have high and moderate paleontological resource sensitivity, respectively. Project grading would involve cut and removal of approximately 14,610 cubic yards of material; as a result, there is a potential for grading to destroy buried fossil remains, resulting in a significant impact to paleontological resources. Facts in Support of Finding The project's potentially significant impacts to paleontological resources will be mitigated to below a level of significance with implementation of the mitigation measure identified in Section 4.4.6.3 of the Final EIR. Implementation of the mitigation measure PAL-1 shall require paleontological monitoring requirements to be noted on the appropriate construction plans, a monitoring plan be prepared prior to the start of construction to identify areas that shall be monitored, and presence of a paleontological monitor on-site during grading. In the event of a discovery, grading activities in the area of discovery are required to stop. The resource is required to be studied so that a determination of -12- Letters of Comment and Responses Westin Hotel and Timeshare Project Final EIR Letters of Comment and Responses The following letters of comment were received from agencies, organizations, and individuals during the Public Review period (July 29 through September 11, 2015) of the Draft EIR. A copy of each comment letter along with corresponding staff responses is included here. Some of the comments did not address the adequacy of the environmental document; however, staff has attempted to provide appropriate responses to all comments as a courtesy to the commenter. Some of the comments received resulted in changes to the Draft EIR text. These text changes are indicated by strikeout (deleted) and underline (inserted) markings in the Final EIR text and are summarized in the Errata. Revisions to the Draft EIR are intended to correct minor discrepancies and provide additional claidfication. The revisions do not affect the conclusions of the document. Letter Author Page Number A Governor's Office of Planning and Research RTC-2 B Native American Heritage Commission RTC-4 C San Diego County Archaeological Society, Inc. RTC-8 D San Luis Band of Mission Indians RTC-10 Westin Hotel and Timeshare EIR RTC-1 Letter A A4 Comment noted. STATE OF CALIFORNIA GOVERNOR'S OFFICE of PLANNING AND RESEARCH STATE CLEASINGHODSEAND PLANNING UNIT Sen Aux CjW orCarlsbati 'Earn' September 4,2015 Chrisier West:non City of Carlsbad Planning Department 163$ Faraday Avenue Carlsbad, CA 92000 P1111111Ing 0103.10t1 Subject: Westin Hotel and Timeshare SC140: 201$041042 Deer Christer Women: The State Clearinghouse submitted the above nernad Draft filft to selected sone agencies for review, T1to review period closed on September 3, 201$, and no stale agencies submitted comments by that date, This loner acknowledges that you We complied with 'the Slate Clearinghouse review requirements for draft environmental documents, pursuant to the California Envirom»ental Quality AM; lIrnaccitll the State Cicarin011onse at (916) 44$-0013 if you have any questions regarding die environmental review process. If you bunco question about Inc ebovequoned project, please refer to Me teimligil Mum Clearinghouse number MIMI contacting this Oleo. Sincerely pr / Scull Morgan Director, State Clearinghouse 1400 10th Street P,O, Box 3044 Sacramento, Califansla 95812-3014 (916) 445-0613 PAX (916) 323-3010 www.opr.ca.gov A-1 EDMUND MIIROM GOVIIKNO4 LETTER RESPONSE Westin Hotel and Timeshare EIR Page RTC-2 Document Details Report State Clearinghouse Data Base SCHlt 2015041042 Project Title Westin Hotel and Timeshare Lead Agancy Carlsbad, City of Typo SIR Draft EIR Pescriptlon Development eta previously graded 366 acre Industrial pod with a 71-mom hoist and a 36-unit limestmie with underginund parking, a swimming pool recreation area, and passive landscaped gardens. Lead Agency Contact Name Christer Westman Agency City of Carlsbad Phone 760 602 4614 email Address Planning Department 1635 Faraday Avenue City Carlsbad Pm( State CA Zip 92006 Project Location County San Diego City Carlsbad Region tat/ Long 33* 7' 48* N I 117" UT W Cross Stream The Crossings Drive and Grand Pacific Diva Parcel No. 211-023-07(212-2714)2 Township Range Section Base Proximity to: Highways 1-5 Aitports McClellan . Palomar Railways Hell) Waterways Pacific Ocean Schools Land Use Vacant pad and empty 16 m gallon water lank I Planned Industrial - Exclusive Agriculture/ Planned IndUshial Unplanned Area Project Issues AesthellciViaual; Agricultural Land; Air Quality: Archaeologic•Histodo; Biological Resources; Coastal Zone; Drainage/Absorption; Road Plain/Flooding; Forest Land/Fire Hazard; Geologic/Seismic; Minerals; Noise; Populatienii-lousing Balance; Pub/la Services; Recreation/Parks; Sawa/ Capacity; Sell ErosioniCompactioniGrading;Rolid Waste; Toxic/Hazardous; Traffic/Circulation; Vegetation; Water Quality; Water Supply: Wetland/Riparian; Growth inducing; Landow; Cumulalive Effects; Other Issues Reviewing Resources Agency; Caltfomla Coastal Commission; Department of Fish and Wildlife, Reg/on 5; Cal Agencies Reel Department of Parks and Recrealion; Department of Water Resources; Caftans, Division of Aeronautics; Cancans, District 11; Air Resources Board; Regional Water Quality Control Board, Region 9; Department of Rude Substances Control; Native American Heritage Commission; Public Ulilities Commission: Slate Lands Commission Data Received 07/2112015 Start of Review 07/21/2015 End ofRovie 05/03/2015 Nolo; Blanks In data fields result from insullident information provided by lead agency, LETTER RESPONSE Westin Hotel and Timeshare EIR Page RTC-3 Letter B B-1 Consultation between the City, applicant, and representatives of the San Luis Rey Band of Mission Indians occurred on several occasions both prior to and after public review of the Draft EIR. Consultations occurred September 25, 2015 and October 20, 2015 and on multiple other occasions. The revised project design and revised mitigation measures for archeological resource impacts were the outcome of consultation. At the consultations referenced above, the project applicant presented an alternative foundation design for the hotel that would avoid significant impacts to known hum an remains and minimize adverse impacts to CA-SDI-8797 Locus C. Thus, the project has been redesigned to avoid impacts to the known Native American burial on the project site. As an alternative to a typical shallow foundation system, a deep foundation system known as Cast-In-Drilled Hole (CIDH) Pile foundation is proposed, which would completely avoid impacts to known human remains and would significantly reduce the amount of disturbance to the capped portion of CA-SDI-8797 Locus C. The pile foundation system would support the structure so that it "floats" above the ground surface and transfers the weight of the structure deep into the earth by means of the concrete piles, or caissons. With implementation of this alternative foundation system, the project would avoid and preserve in place all known human remains. B-2 As described in response B-1 above, the foundation system for the hotel has been redesigned so the project would avoid and preserve in place all known human remains. Thus, mitigation measure ARC-3, Recovery of Known Human Buri4 is no longer required. The City conferred with representatives from the San Luis Rey Band of Mission Indians, as the Most Likely Descendant (MLD) regarding the proposed project redesign and avoidance of known human remains. The proposed foundation design and mitigation plan to address potentially significant impacts to human remains was also refined with input from tribal representatives. NATIVE AMERICAN HERITAGE COMMISSION iSSO Herber AWL, nuke CIO Mel Sacramento, CA 125401 zire: MSC 3734710 kw PIO 3734471 Tonle L. Iletenson, General Counsel (P10) 373.375 Tonle.iloblneenOnahmengew September 4,2015 VIA EMAIL AND U.S. MAIL Christer Westman, Senior Planner Carlsbad Planning Division City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 02008 cPinnlantS.91the Nati.Ye Atnerierth lietilagg_DMMISsinn,WOStin LiPteliAnd TimeshareDElkElt)5.n,Q.2,IPPA14-Q3/Z.C.1.4.4)21L_CPA..).445.151,!,20(icygr 14-08/PUP s,.,Q I1CUP15-03/SDP 14-11/CDP 14-29/HDP I4-06 On behalf of thc.Native American Heritage Commission (NAIIC). I wish in continent on the Draft Environmental Impact Report (DEM) for the Westin Hotel end Timeshare with respect to the known Native American burial site on this project and Native American cultural resources in general. The mitigation measures proposed regarding the known Native American burial are not in compliance with CEQA Guidelines section 15064.5, subdivisions (d) and (c) and will result in the disinterment of previously reintorred Native American remains, the-reinter/neat of which was Intended ass mitigation measure for the construction of the Carlsbad Municipal Golf Course. As a trustee agency for Native American cultural resources under CEQA,I the NAFIC would welcome the opportunity to work with the City of Carlsbad and the applicant to protect Site burial site and all Native American culturel resources affected by this project. As a. matter or the.NAHC opposes the disinterment of previously reinterred-NatIve American remains without the consent of the Most Likely Descendant (MLD). especially When thc remains were previously disturbed and then reinterred as a mitigation measure. The NAI-IC also proposes avoidance and preservation in place as thefint and second options to be considered before mitigation and would ask that the applicant and the City of Carlsbad consider these options fully and thoughtfully. The NAFIC's comments are as follows: I. Millgodun,MeasareARC-3: Recoyerysficommpgrint Mitigation Measure ARC-3: Recovery-of Known Burial states ao a potential significant impact the fact that the project site contains a known human burial that was discovered and I See Environmental Protection Inlinwratten Center (P.P1C) i Janneon (1985) 170 Cal•APP3d 604; see generally Koski' and Zischke, Practice under the Cal(fornia Eneirmintental Quality jltt (2015) (CEB) 20.101("Ifs project is located on &site containing an archaeological site, the Native American Ficritngc Commission is a trustee agency that must be consulted by the lead agency in-connection with the preparation of an EIR or negative declaration.") B-1 B-2 Planning Division Re: LETTER RESPONSE Westin Hotel and Timeshare EIR Page RTC-4 reinterred during grading for the Carlsbad Municipal Golf Course, and that project grading and development is anticipated to require disturbance and relocation of these known remains in coordination with the Most Likely Descendant. It also states as a potential significant impact the fact that there is a potential 1hr unknown human remains to be uncovered during project grading and these impacts would be potentially significant The mitigation measure states that excavations would be conducted, and the goal of the excavations would be to locate, pedestal and remove the burial on a block of soil and relocate the burial to on off-site location approved by the MD. Nowhere in this mitigation measure is it stated that the MW for this known burial, the San Lids Rey Band of Mission Indians (SLR), has agreed to the disinterment and reburial of this known burial, because SLR has not consented to the disinterment. Under CEQA Guidelines section 15064.5 (d) and (e), and in the absence of avoidance, the failure to work with SLR to reach an agreement as to treatment and disposition of this known burial leaves the projeet applicant with one and only one option should the remains be disturbed: To reinter any remains Tube property in an area where them Will be no further subsurface disturbance. which was the goal of the previous reintennent. The ambiguity of the term "off-site" does not connote compliance with CEQA Guidelines section 15064.5, subdivisions (d) and (e) and raises the legal issue whether remains that were intended to be reinterred in an area without ftaure subsurface disturbance can be disinterred without the MLD'S consent. The NAHC doubts that SLR would have agreed to the prior reinterment if they had known they would have to disturb the resettle place of their ancestors yet again. CEQA Guidelines section 15064.5, subdivision (d) provides in relevant part: (d) When an initial study identities the existence of, or the probable likelihood, of Native American human remains within the project, the lead agency shall work with the appropriate Native Americans as identified by the Native American Heritage Commission as provided in Public Resources Code section 5097.98. The applicant may develop en agreement for treating or disposing of, with appropriate dignity, the human remains and any items associated with Native American burials with the appropriate Native Americans as identified by the Native American Heritage Commission. ... CEQA Guidelines section 15064.5, subdivision (e) provides: (e) In the event of the accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the following steps should be taken: (I) There shall be no further excavation or disturbance of the site or any nearby arcs reasonably suspemed to overlie adjacent human remains until: (A)The coroner of the county in which the remains are discovered must be contacted to determine that no investigation of the cause of death is reqtrired: and (L3) If the coroner determines the remains to be Native American: 2 B-2 cont. B-2 (continued) Mitigation measure ARC-2 has been revised to specifically refer to the San Luis Rey Band of Mission Indians as the appropriate Native American monitor during construction. Additionally, a new mitigation measure ARC-3 is proposed that would require dedication of an open space easement over the cultural resources on-site and would prohibit any future disturbance to the known human remains and capped portions of CA-SDI-8797 Locus C. In the event unknown buried human remains are encountered during grading for the project site, those human remains would be handled in accordance with all applicable guidance and regulations and would be reinterred on-site as requested during consultations with the NILD. LETTER RESPONSE Westin Hotel and Timeshare EIR Page RTC-5 B-3 B-2 I. The coroner shall contact the Native American Heritage Commission within 24 hours. COWL 2, The Native American Heritage Commission shall identilY the person or persons it believes to be the most likely descended from the deceased Native American. 3. The most likely descendant may make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing, with appropriate dignity, the human remains and any associated move goods as, provided in Public Resources Code section 5097.98, or (2) Where the following conditions occur, the landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further subsurface disturbance. (A) The Native American Heritage Commission is unable to identify a most likely descendant or the most likely descendant failed to make a recommendation within 24 hours of being notified by the commission. (13) The descendant identified rails to make a recommendation; or (C) The landowner or his authorized representative rejects the recommendation of the descendant, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. Nothing . in CEQA Guidelines section 15064.5 contemplates the unilateral disinterment of a known Native Atneriffan burial by an applicant without the consent of the MLD. Given the potential for finding more burials in the urea of the known burial, in the absence of some agreement with SLR, the mitigation measure is insufficient to mitigate impacts to the known burial and what could be a Native American cemetery. Additionally, given that the previous reintennent of remains was supposed to mitigate previous impacts caused by the construction of the Carlsbad Municipal Golf Course, the idea that any known Native American reinterments should be disinterred whenever a new project is proposed for a site where a reinterment was a mitigation measure is objectionable on both a legal and moral basis, especially given the dictate that a reintennent of Native American human ternains is to be in a site where there should be no further subsurface disturbance. The NM-IC recommends that the applicant enter into it treatment and disposition agreement with SLR. B-3 2. Mitigation Measure ARC -I: _pate Recovery Program Mitigation. Measure ARC-I contemplates data recovery as mitigation for artifacts found in the sante area as the known burial. The determination as to what artifacts are associated grave goods should be made by the MLD, and there should be some means of resolving conflicts regarding what are or are not associated grave goods, us the MLD has tribal knowledge and a significant role in determining the treatment and disposition of associated grave goods under caw Guidelines section 150645 (d) and (c). 3 The project includes mitigation measure ARC-1, which details the data recovery plan for project impacts to CA-SDI-8797 Locus C. This mitigation measure was revised from the Draft EIR version after consultation with the San Luis Rey Band of Mission Indians. This measure reflects reduced impacts to CA-SDI-8797 Locus C as a result of the use of an alternative foundation system as detailed in Response B-1. At the request of the tribes, the project mitigation would require that any cultural materials encountered during data recovery be reburied on-site within the proposed open space easement to preserve cultural materials in place. This would include any grave goods that may be encountered. Implementation of mitigation measure ARC-2 for archaeological monitoring requires the use of a Native American monitor who will be present to observe any cultural materials found and identify their cultural significance. LETTER RESPONSE Westin Hotel and Timeshare EIR Page RTC-6 B-4 The portion of mitigation measure ARC-2 that required controlled grading has been removed from the Final EIR. Controlled grading to rind the human burial(s) is no longer required because the project has been redesigned with an alternative foundation system that would avoid impacts to known human burials and would minimize impacts to the cultural site. One hundred percent hand excavation and. data recovery would occur in the location of caisson excavations, and 15 percent or greater data recovery would be required in. the location of the elevator pit and basement excavations as detailed in the project's Mitigation Monitoring and Reporting Program. Tribal monitors would be present to monitor all excavations on-site and would have the authority to halt operations if materials are identified as detailed in the updated mitigation measure ARC-2, which requires archaeological monitoring. B-5 This is a concluding paragraph. As discussed in response to comments B-1 through B-4 and detailed in the Final EIR Errata and Mitigation Monitoring and Reporting Program, the foundation of the hotel has been redesigned to avoid impacts to known Native American burials. The City has worked closely with the San Luis Rey Band of Mission Indians to identify a compromise solution that would provide the minimum amount of disturbance to the on-site cultural resources. 3. Midlatipn Measure ARC-2: Arehaeplogical Monitoring Program B-4 Mitigation Measure ARC-2 provides under section A5, proVides: In areas within the area of potential effect where significant deposits have been identified, controlled grading may be implemented to carethlly peel away layers of soil, which would expose features of human remains with minimal damage, The consulting archaeologist, in conjunction with the Native American monitors, shall deteimine when and where the controlled grading is needed. The pace, depth, and location of' the controlled grading protocol will be made in concert with tribal monitors, but it will ultimately be the responsibility of the consulting archaeologist. The NAHC would propose that the pace, depth and location of the controlled grading protocol be with the ;pascal of tribal monitors, as their unique tribal knowledge regarding the site should be respected in protecting the Native American burials that could potentially be discovered, What makes this particularly disturbing is the fact that this burial was known to or should have B-5 been known to the City of Carlsbad before leasing the property in question. Native Americans should not be required to rebury their ancestors every time a new project comes along on a parcel with a known Native American burial. No other culture would he required to repeatedly rcbuty their ancestors. That's not mitigation; that's desecration. Yo rs very. truly, o p eel , f4 Terri° L. Robinson, General Counsel Native American Heritage Commission cc: Cynthia Gomez, Executive Secretary, NAT-IC Antonette B. Cordem, Deputy Attorney General, Department of Justice 4 LETTER RESPONSE Westin Hotel and Timeshare EIR Page RTC-7 C-1 C-2 C-3 taco a 94. Letter C ). 7 0 Su 4. 1 4' ,' °400100' San Diego County Archaeological Society, Inc. Environmental Review Committee City of Carlsbad 2 September 2015 ii lj; %lining Division To: Mr. Christer Westman Planning Division City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92908 Subject: Draft Envirotunental Impact Report Westin Hotel and Timeshare SIR 15-02, GPA 14-03, ZC 14-02, LCPA 14-03, SP 207(K), CT 14-08, PUD 15-01, CUP 15-03, SDP 14-11 , CDP 14-29, HDP 14-06 Dear Mr. Westman: I have reviewed the cultural resources aspects of the subject DE1R on behalf adds committee of the San Diego County Archaeological Society. Based on the information contained in the DE1P,, we have the following comments: C-1 (1) The cultural resources appendix, Appendix D, is not posted on the City's wobsite with the main body of the DEIR, and SDCAS was not sent a copy of the appendix. Therefore, our comments cannot extend to the details of the 2015 work on SD1-8797, Locus C, by Brian F. Smith & Associates. C-2 (2) Section 4.4 of the DE1R, Cultural and Paleontological Resources, is comprehensive and well thought out. We concur with the impact analysis and with the mitigation measures as proposed. 0-3 (3) his unfortunate that the project applicants either chose to ignore the information available, or failed to do a due-diligence cultural resources study of the property before deciding to proceed with a proposed development that would impact a portion of a site which (a) Was capped only about 10 years ago to protect it, presentably in perpetuity, and (b) Was deemed potentially eligible for the National Register of Historic Places, and (c) Obviously holds particular cultural sensitivity due to the known burial on the site. The proposed project disrespects both the cultural and scientific values of Locus C of 801-8797. P.O. Box 81106 San Diego, CA 92138-1108 WO 538-0935 Comment noted. Comment noted. As described in the responses to Comment Letter B, the project has been redesigned since public review of the Draft EIR to maximize avoidance to CA-SDI-8797 Locus C and to avoid impacts to known Native American burial(s) on the project site. This has been achieved through use of an alternative foundation design, which would support the hotel structure so that it "floats" above the ground surface and transfers the weight of the structure deep into the earth by means of the concrete piles, or caissons. With implementation of this alternative foundation system, the project would avoid and. preserve in place all known human remains and would avoid disturbance to approximately 80 percent of CA-SDI- 8797 Locus C. The City recognizes and respects the cultural sensitivity of the project site and has worked closely with the San Luis Rey Band of Mission Indians to arrive at a solution that would protect the on-site cultural resources to the maximum extent practical. The project would implement the alternative foundation design for the hotel structure, data recovery for areas of CA-SDI-8797 Locus C that would be disturbed by the project, additional subsurface archaeological testing in areas that have never been tested (around the water tank), and implementation of an open space easement to protect the on-Site cultural resources from further disturbance. These revised mitigation measures would further reduce impacts to cultural resources and avoid impacts to human burials. Refer to the project's Mitigation Monitoring and Reporting Program for details. LETTER RESPONSE Westin Hotel and Timeshare EIR Page RTC-8 ratamaifivnyq,atara. LETTER RESPONSE SDCAS appreciates the opportunity to participate in the City of Carlsbad's environmental review process for this project. Sincerely, les W. Royle, Jr, Cha mvirontnental Review Committee cc: RECON Brian F. Smith & Associates 'SDCAS President File P.O. Box 81108 • San Diego, CA 82138-1100 • (8581 538.083S Westin Hotel and Timeshare EIR Page RTC-9 Letter D D-1 D-2 D-1 The City acknowledges that the San Luis Rey Band of Mission Indians was given additional time beyond the public review period to provide comment on the Draft Environmental Impact Report. The City is committed to continue working with the San Luis Rey Band of Mission Indians regarding the preservation and treatment of tribal cultural resources. D-2 Comment noted. Modifications have been made to the Cultural Resources Monitoring Program and Cultural Resource Data Recovery Plan consistent with the City and San Luis Rey Band of Mission Indians' ongoing consultations. SAN LUIS REV BAND OF MISSION INDIANS 1889 Sunset Drive • Vista, California 92081 760-724-8505 • FAX 760-724-2172 truitr.strinissionindians.org December 16.2015 Christer WesUnan SeniorPlanner Planning Division Community &Economic Development City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 VIA ELELiRONIC MAIL Christer.Westman@curishaden.gov RE; SLR TRIBAL COMMENTS TO THE CITY OF CARLSBAD PLANNING COMMISSION's PUBLIC HEARING FOR THE WESTIN HOTEL AND TIMESHARE DRAFT ENVIRONMENTAL IMPACT REPORT Dear Mr. Wesunare The San Luis Rey Band of Mission Indians ("SLR" and/or "Tribe") have reserved our right to provide the City of Carlsbad 'City") with our public comments regarding the Westin Hotel and Timeshare ("Project") Draft Enviroatuental Impact Report ("DEM") with the consent of the City. The Tribe lins been in consultation with the City regarding this particular project for over a year. The Tribe does not oppose the Project at this dote; however, if the proposed constniction methodologies, the proposed cultural resource mitigation measures and the City's commitment to the protection and preservation of the tribal cultural resources, to which they are stewards, am not advanced as disoussed within our confidential consultations, SLR will have no choice but to oppose the Project, SLR remains hopeful that our continued Consultation with the City will be fruitful, for not only the protection of our seared cultural landscape contained within the Project property and our sacred cultural resources protected through the existing archaeological "capping" of CA-SDI-11797 Locus C, but for all tribal cultural resources located within the City. Please understand that although the DE1R's Applicant lum made modifications to the Project's construction methods, and those methods propose to avoid a small portion of sacred locutions on the Project property, the Tribe remains unsatisfied with the proposed development and all of the proposed cultural resource mitigation measures. I SLR Commit to the Maiming Commission Regarding the Westin Hotel end Timeshare DEM LETTER RESPONSE Westin Hotel and Timeshare EIR Page RTC-10 hi conclusion, he San Luis Rey Band of Mission Indians appreciates this opportunity to provide the City of Carlsbad with our comments on the Westin Demi and Timeshare. The Tribe hopes/be Planning Commission does not adopt and/or approve the DHIR as it currently stands due to the unsatisfactory treatment of the absolute adverse impact this Project will have on our sacred tribal cultural resources. As always, we look forward to working with the City to guarantee that the requirements of CHQA and the laws of California are rigorously applied to this Project and all projects. We thank you for your continuing assistance in protecting our invaluable Luisoilo cultural resources, Sincerely, ivferri Lopez-Keifer Chief Legal Counsel cc: Melvin Vernon, SL,R Tribal Captain Terrie Robinson, General Counsel, California Native American Heritage Commission (via email) Ronald Kemp, Deputy City Attorney of the City of Carlsbad (via email) D-2 cont. 2! SLR Comments to the Planning Commission Regarding the Westin Hotel and 'timeshare plait. LETTER RESPONSE Westin Hotel and Timeshare EIR Page RTC-11 CI(J tyof WSW. Memorandum All Receive - Agenda Item # For the Information of the: February 23, 21)16 CITY COUNCIL ACM CA V CD Date ic,City Manager. 1./ TO CitY.Couricil, 'via Kevin- Cravvford, City Manaier. Froth: Christer Westman, Sei-ifor Mariner Via Don Neu, City Kanner Re Errata Sheet for Agenda Item # 8 - EIR 15-02/GPA 14-03/ZC 14-02/LCPA 14- 03/$P. 207(10/CT 14-08/ND 15-01/SDP- 14-11/CUP 15-03/CDP 14-29/HDP 14-06 — WESTIN HOTEL AND TIMESHARE Staff is recommending tiat. the city toocitinoIddethefolioWing: revisions to the Final Enorehmentai Itnpact Report fFEIR) for the liVe1tin,R401 af4 timeshare prolett Edits to pages 1043 shown fitstrikeout/underline text to the Findings of 'tact that .reflect the Corrected designation Of measures. as CR-41 CR-2, and 0IW.' as proposed In the Mitigation Monitoring and Reporting Program aotiVIt inclusion of additional facts regarding Tribal cO4orel OSOortes,, 2. Replacement Ofthe Mitigation IVIonitoringand ROO fling Pritigrath for the Final Environmental Impact Report which includes revised language for measures CR-1i •and tR-3: Date: <..z Distrib City Clerk Asst. City Clerk Deputy Clerk Book ..•••••••11.111•111111•VP CommUnity & Economic DeVelopment Planning Division 1635 Faraday Avenue I Carlsbad, CA 92003 I 760-602-4600 I 760-602-3660 fax B10-2 requires: either constaction shall occur outside the coastal California gnatcatcber breeding season (between March 15 and August 15), or U.S. Fish and Wildlife Service (1-1-SEWS) protoeol, pre-construction nest surveys shall be conducted and nest avoidance measures shall be implemented if nests. are found. For coastal California gnatcatcher avOidance measures, a qualified acoustician. Must complete a study showing that noise generated by construction activities will not exceed 60 A-weighted decibels (d_B(A)) hourly average at the edge Of occupied habitat prior to construction, and take of active nests shall be prohibited. Rationale and Con,e1m§ion Impacts to raptors, migratory-, nesting birds, or coastal California giiatcatcher would be mitigated through implementation of BIG-1 md BICC-2; 70-hith require grading and construction to occur outside the bird breeding season. If grading must occur during the breeding/nesting- season, pre-construction surveys would be required to determine absence or presence. If present, appropriate buff-era would be implemented to avoid direct -impacts. Measure BIO-2 would further require noise analysis and monitoring to ensure that noise levels do not exceed, 60 d(A) hourly equivalent sound level (Leg) within 500 feet of habitat occupied by the coastal California gnatcatcher. A fenced protective buffer and supervision by a qualified_ biologist would alio be required_ Project i mpacts to sensitive wildlife:would be mitigated to below a level of significance. Implementation of these mitigation measures is assured through their incorporation into the project's MMT.P. Reference: FinalE-131Section Cultural Resources Potentially Significant Effect The project site contains portions of a significant archaeological site, QA-SDI-8797 Locus. C, which was included in a previous cap prc,-,icucly capped. in conjunction with a prior project and includes a subsurface archaeological deposit and human burial(s). Capping of a site associated with a subsurface archaeological deposit often sigMfies that the site is part of a mitigation requirement to preserve the area from future disturbance: however, the previous capping of this site was not part of a requirement to preserve the site. The previous project archaeologist requested that the cemented area be placed within an open space easement however, City staff indicated to him that. while no future uses of the area were known at the tune the City was not prepared_ to place the site in an open space easement as the pad was being created for future development Only a small portion of the capped site was known to have cultural or archaeological resources: however a cap was put in place to cover the entirety Locus. C and surrounding areas to ensure that caution would be taken in these areas during the later development of Lot 9. This was an unusual set of circumstances. -10- forerested,.f.rib.aLParites..,arriOrtZ others ; :reasOnablVbefieVed that the capped 'area -Weilid be plated withittaUtMett:sPace easement,-,and, \Mita& be preserved for perpetuity and future impacts would be d:A'rofded. It appears that:there-vitas, no, ditett.tiOrtUdiOation. between the City and the Tribal parties :regarding the Communications with: the protect archeologist and the, City never placed CAtSDi-8797. .LOcUS:tinto an Open Spate Easement. 1)evelopment of Pig #oieot 4ite otklXesult itS:Onie diStuthatIce to CA-SDI-&7W7 :hWe'veki iTiVaCtatdiolOWit human bunale would- be aVOided. Disturbance of CA-SDIT8107. Locus - CwionldIt-e oOtOidere& 4 significant impact In 0.4ilitio-it liojeart grading do-act ter:snit in significant itaPaotS to currently unknown and buried prefriSterintarehaeOlOgiOal;resonirces or-site -F4e0 in $409rt óf Finding The project's potentially signicrnit iP.04ets to the capped 1J.K4on of OA-SDI-8797 Locus *OW he avoided to the ta:AitOura extent praotioable, through the 1.14.e of rn 0.horogv:o foundation design that would allow the structure in the location of p4,01,17.:97: 01;6 essentially float aver the vop.1-.0.: snr*e by transferring, the weight of the Arnotore deep intp the earth by installing oonorete_"pileo, or oaTssonS, The structure would require 47 no.i5,20.4to gni** the hotel foundation, arid each ePi'..g.spn 'would req.., iire dist*hp-hoe of all approximately 1 meter x 1 meter sectitatOfearat. Additioroflyr installation of the elevator pit cud basement area would terqUire, PAnetkdijat Of the 000A p.o.igon. of cA,-.Sbz,8279.7. Tiocio 0, whichoact he a 0:ten-tip:It,' Implementation of the .data toodv..-0ery. program as detailed ensure that any cultural niatetial present in the area bisw4a1.97 LbOilt- 0 *ail& be recovered, and rebuned wain the project site to retain the cultural value of the. resource on site The: data reotiVeiy: program wot,:ta &said_ include hand excavation of 100 percent Of the material -.11;r4etecl from the 1 meter x 1 meter test units for each caisson, data recovery of the basement and elevator pit at 4 1;$ percent of the excavated material, up to. 100 -percent of the excavated material cleperiOdg On the extent of cultural material encountered tlUiti'ng data recovery for caissons, and additional data recovery witi:ijn, the fenced area ar.014tcl the water a.int has never been subject to subsurface ar0Aeolodeal testing,: .Implementation of "Mc 1 CR 2 would ensure that the research potential: of the site has been exhausted and. that any cultural material encountered tIUXing dato.todory Wtitarl he identiAed and ro-avie-a witty:hi: the on-site Oen Space easement to 134ette Outturaltdaterial Tlé :P9i6ce óté4 11 iniaoans bliP:400: entyotiay iyiiIttiowri. 031a buried preltiAtorWarchaettlegical resources on site voila be mitigated t4rcyagt implementation of mitigation measure opsor:001---; 41te - 4 inonitoing plan and. inelivrtes: the presence of the Archaeological meliitot and Nature Ainerican Monitor 6o-ht the jg-ti. Luis Rey Band of Mission Ingil.-kschirmg gisAitigieloavationt trenelin*: 61.0tiVitiea, that coud±.esnit- ipipaets to arehapolOdeal -11- cultural resources as identified in the monitoring plan. Prior to any constrnction permits, the City shall verif3r that the requirements for archaeological monitoring and Native American monitoring have been noted. On the appropriate construction plans_ The qualified Archaeologist and Native American Monitor shall attend any grading/excavation-related preconstruction meetings to make comments and or suggestions concerning the archaeological monitoring program. Triohided in this mitigation measure is the reqpirement that the Archaeological Monitor sh a 11 document field activity and if a discovery is made, the monitors shall divert conetruebon activities from the area of discovery. After following the identified protocol to determine significance, either a data recovery program shall be implemented for significant resources or less than significant artifacts shall be collected, curatcd, and docnm ented_ in the Final Monitoring Report. If human remains are discovered, work shall stop in that area, and the procedures as set forth in the California Public Resources Code (Sec. 5097.98) and. State Health and Safety Code (Sec. 705(15) shall be followed. Additional details Of this mitigation raeasure are included in- Section 4.4.4.3 of the Final MIL Mitigation ,measure ARC 3 would provide pretection in perpetuity through an open spzo a cultural conservation easement for the known archaeological resources on-site While the project would impact a pardon of CA-SDI-879-7 Locus G through installation of caissons and a basement and elevator pit, the majority of this site would reinain undistarbed. Measure ARC 3 CR-S would ensure that no. further disturbance to the ' ar-chaeclegical site would Occur after prOject construction. Rationale and Conclusion The actions making up mitigation measure ARC 1 CR-2 identified in Section 4.44.3 of the Final Eill assure the recovery and recording of important prehiStoriciarchaeacTiaal information, which may otherwise be lost cluri-ng construction of the proposed project The requirements of ARC 2 CR-1 ensure that, an Archaeological Monitor and Native American 1Vio .)ii:tor. from the San Luis Rey Bend of Mission Indians would be present for all grading activities and. assure that grading shall be halted or diverted should any discovery be made. In the event that a discovery of prehistoric or archaeological resources occurs during grading for the proposed project, the determination of significance shall be made and_ the mitigation measure outlined in the Final BO shall be inrolemented. ARC 3 CR-3 would provide protection in perpetuity for the known archaeological resources on-site (CA 51)1- 8797 Locus Or, These mitigation measures would reduce potentially signifieant impacts to arehacologic-1 resources to a than significaut level. Implementation of these mitigation nreasures ate assured through their incorporation into the project'slnIRP. The prey-ions indefinite commitment to permanently protect the area beneath the capped area-, on Lot 9 led to divergent understanding_ beiNveen the City, and local tribal , . representatives regarding the permanency of protection of resources beneath the capped. area. City Corrncil Policy 83 has been created in consultation with local tribal -12- rebresentatiVeS to avoid filture Misunderstandings .0-rfct to provid_e certainty and clarity to preservation commitments. In order to ensure consistency with future development Proiects: processed by the City. notwithstanding that the Project mitigation measures reclues potentially can.t impacts to resources to a less than significant level, the City . . will consider the act Of iinpactinz the previously capped area as a significant impact, but Mitigated as dettribed hereib, Reference ; 0.403_ ffiSetioit. 4A4 400.iiktaggi-04.1way.a0 PortonitfaiY The Dttii:#0 site is underlain by Santiago Formation and tillilnyieta Vbrulation, which liaVe high aiid titc4gi#6 paleontological resource SerAitivitYf re's:POO:v-0y, Project grading would involve Out and removal of appi.o-xi*ately 14,610 cubic 3•T riis of material, as a result, there is a potential for grading to destroy buried fossil remains, reetdting in a significant impact to paleOntoloOdaireactUrces, in tportofFindiiig ECtOs. The projects potentially signigOantinipacta:to p:aki.ontOlogical ±sogoos will be mitigated to haoW a level of eigpffiganee with implementation of the mitigation ,bieasura identified in 'ectititi 4.4.6,3 of the 'Rinai gl% linpIernentation Of the niJitlgatiOn ineaenke PAL:4, 401 require paleontological monitoring kectili:VeniOn# to be noted on the appropriate construction 0.011$, a monitoring plan he, p±epated. prior to the start of construction to ddr6iitifk areas til at shall he Monitored, and presence Of a paleontological monitor on site during grading, In the event of a discovery, grading activities in the area of clio*ery are required to steii„ The rest:al-jibe is required to be :.rttitii0.d so that a determinatiOn of significance can he Made, If the resource is Significant, appropriate. collection and duration iS;recrnired. Upon Completion Of construction, a Draft Monitoring Report Shall be prepared that describes the reF(*$7 analysis, and. conclusions of all pl-!ases of the Paleontological Monitoring Program Additional details of t.11-.1A Inek§uTe. are found in SeOtign, 446,.8 of the VinaltER. Rationak and Canait$On These individnal aCtions malt-41g up mitigation measure PA.ti--1 assure the recor ,aud recovery Of important paleontological information, Which May otherwise b lost ft—ring 02400:net-fon of the proposed ivojieer(,„ The *fp-fro:lent for a Monitor to he present for all construction activities, along With the specified pieeeeek aSSiites that grading will he halted or tuverto_ .0h0-04 any discovery he.. blade, frpplenlentatipii of the mitigation measure assures that significance testing oCeure iThrfvfli*t-ely and that important discoveries are .reported and/or collected. &cense the discovery Of any paleontological resoUrbeg will not OMUr u4-6:11 the grading for project construction is underway, it is not -13, Westin Hotel and Timeshare Project Carlsbad, California SCH #2015041042 Mitigation M nitoring and Reporting Program The California Environmental Quality Act (CHIA), Section 21081.6, requires theta Mitigation monitoring and reporting program (MMRP) be adopted upon certification of an environmental impact report fEIR) to ensure that the mitigation measures are implemented, The MMRP specifies what the mitigation is, the entity responsible for monitoring the program, and when in the process it should be accomplished. The proposed Westin Hotel and: Timeshare project includes a General Plan Amendment, Zone Change and Local Coastal Program Amendment:to change the property land use category to Visitor Carnmercial NC) and the zoning to Commercial Tourist with a Qualified Overlay (C-T-Q). Development of the project would include removal of an existing municipal 1,500,000-gallon water tank, grading, and the subsequent development of a four-story, 81,200-square-foot 71-roam hotel building, and a four-story, 62,680-Square- foot 16-unit timeshare building with an underground garage. The hotel structure would be constructed using an alternative foundation system known as Cast-In-Drilled Hole (CI-DH) Pile foundation in order to minimize potential impacts to cultural resources. The project site is *located on two parcels totaling 3.14 acres in addition to 0.55 acre of Adjacent off-site areas. The Final EIR focuses on issues determined to be potentially Significant by the City including aesthetics; air quality; biological resources; cultural and paleontological resources; greenhouse gas emissions; hazardous materials, airport safety, and wildfire; hydrology and Water quality; land use; noise; public set-Vices; transportation and circulation; and utilities and service systems. Agricultural resources, geology and:soils, Mineral resources, and population and housing were addressed in lesser detail in Chapter 8, Effects Found Not to be Significant. After analysis, potentially significant impacts requiring Mitigation were identified for land use (Multiple Habitat CanServation Plan/Habitat Management Plan consistency), biological resources, cultural resources, and paleontological resources. The environmental analysis concluded that the potentiafiy-signifitant impacts associated with land use, (Molt* Habitat Conservation Plan/Habitat Management Plan consistency), biological resources, cultural resources, and paleontological resources could be avoided or reduced through implementation of recommended mitigation measures-. The fallowing table summarized the potentially significant project impacts and lists the associated mitigation -measures and monitoring efforts necessary to enture measures are properly implemented.. All mitigation measures identified in the Final ElR are recommended as conditions of project approval and are stated herein in language appropriate-for such conditions page 1 DOCS 121163-000006/2419403A Potential Significant impact Mitigation Monitoring and Reporting Program Mlilgeti n Measure linineframe of ' .Mitigation 'Monitoringi . Enforcement, and • . Reporting ' Responsibility BIOLOGICAL RESOURCES . WIldlifeSpecies. Projectqrarlin4.and-constructionwotrld resUltinpotentlailyalantficant.directimpactsto wildlife species including to ghats- and,m1gratory, or netting birds l located within the prelectfootprint, . occur In the projecterea-clue-to.theexistence:pf suitable • habitet„Indirectlmpactsfromeonstructlonsnoise.o. , WOW' callfornie.grotpatcher In trail-adjacent FIMP r - hardlineereserve and potentially nesting the project site Would be tignifiCant, , :. Coastal California gnattatcher, raptors and migratory and • nesting birds Were determined to havethe potential to• EnChlOreeonstruction.Surveys.-Prior to-the issuance of a.Notice to ProceedIfor a subdivisloq, or aoy.:constructIon.perrnits,jsuch.actiernolition, grarilhg, or buildMg,nr-bagInning..any constructIon-Telated,ectIvity;lhe city shall verify that the project requirements regardingnestingand migratory birds jncitiding:reptors,are shown on the construction-plans; ' 1941(131a arnf,d1rectslainacts. toinestIngPr:Migratdrybirds, Includingraptork:hanfoval of habitat that'has potential to support petly.a-neSts'shoUld occur, ou101k.of ithp,brincliog•iskpoppifprtirep,;peciesAPOUNerit 15 to Septernber15L. If removal of habitat must occurClarinithe'brootilhi season,a,qualifled-tilplogirstshall..coridneta-Pm,conStruction surveyto.determine the presenceor absence of, oestIngbirds withinthe•proposacf area withInthree-calendar clays prior to the start of construction activities, InClUdIng the removal of vegetatiOn, . 'if nests of migratory birth or raptors are located, thejrahall be fencedliklithn protective buffer of at least 500-feetfrorn acti9e,nests.of !Wed species, end Boo from other Sensitive bird species.•All construction activity shall be prohibited within the.proteotive.buffer . • .B1LI.,2i.. Coastal CaliforniaGriatcatcher-Surveys/Prior to the issuance of er•blotlee to Proceed fora sObdIvision, 0.1, any construction permitsrstiebas- : deraolitiOnrgrading,. or building, or beginning any.construction-relatedactIvIty,itheCityaball•verify thatifiefolEOWingprolectreodlrarnentsregardln4 coastal-California gnetcatcher are shown on the construction. plans; , - No clearing.grtibbing, grading,:or othey,,constructiomactIvitlesshallroccurbetvv.een:Marehl5and AugustAthe.:breeclIngseasorofceastal California . . .Airiologist possesSiwa valld.Endengered'specles.Act Section ib(a)(?)(A)liecovery .Permit shall oonductcoastal,celifornia gnattatcher surveys •withln:fifeet.of p6teritiatSbreedingbabitat•In the •HMP 'Presecve7thatrwould 13e.ubjettlo construction noiSelevels'exceedinglOodacibels:[dgfA)] hourlyinverage.lttirveysishalibenonducted In accordancemIth;theprot000rsurvey guidelines established*,k h 0,114.FV,V-(4$07):.,Aoief o f:thrde ,surVeys:Challiecond,uctedirrotless-than- one Week apart, with the Nut of these surveys/Occurrinwrio more than three*ys:Priorto.ConattuFtion.lf coastal California gnatcatchers are present -thet -the foliowitjg conditions niast be wet . that by construction activities iimitilpl iipt:exceediEndigghOlik eVeragetlithinBOLlifeetipt ONC101#51 habitatshail.be:oompleted 0-,0,:quallfled acoustician and apprOved.bytna City manager :or designated.aPpOinteeprfOrtd,tho.'cOrranencernent •• Of construction activities between March IS and August 15, ereesirestriatad from sticifactivitlasshallbeferided WitIrkprotectiVabUffeKrthrier the supervision of a qualified blologiStor b. fietWean-mafch1.5 entl,NOSt 15, nocenstructio.n ,activitleseholl.pccUr-WIthjnani, portion ofthesite.whero-eonatruetion activities would- result In noise leVels exceeding no cla(A)hourlyaveregeWithin 500 feetor occupied coastal:(ailforota gneteeteher :habitat Onstruction noise i shall be monitored to maintain a threshold ,at or, belOW:60 cif(A) hourly average sound level within .500 feet.of o.ccupled. coastal .California ' griatcatcher breeding habitat If opine levels syperserlethethreshold, the construction array shalt be changed or nolse•attenuation measures' shall beimpjementede, ensure.thatnOise levaixdo not:exceed the.threshold. Pi-For:to any .conStructiOn'perrnits, :including.but opt linlitedt.0,,the first . • • • • • ,Grading..Permit, bernolltfon.Plan.sf .rwmfts,an4..aulidif,g .Plans/ liermit's., 'but 'prlorto the first pre, construction meeting. 'City of Carlsbad Page 2 0005 ilL iSco0006/2419403.4- Potential Significant Impact Mitigation Monitoring and Reporting, Program Mitigation-Measure Thneframe of Mitigation Monitoring, • Enforcement, and Reporting Responsibility cULTURALAND pALEQNTOLOGicAL. RESOURCES ._ . Caaural ResourCes. The project site containka.significant C114: 'Cultural.Resources Monitoring Program. Due to the high potential for subsurface cultural resources to be encountered .atthe projectsite and at Prior to anY City o Carlsbad archaeological:site,. pursuant, tOCEQA Duld.elines Section ,15.0e4.4, known es.CA-SDI-8797.Locus c; end .a sensitive off-sitenrciject locations,.a Qua ilfled Archaeologist and a luise5o,Native American Monitor shall be ,present during-all groupd.dIstisrbingactivitleS, Tha following measures shall be Implemented: OonStructIon permits, including but not ' Tribal,Coltural Resources.area;The project would require- .. • limited to, the first , gra r na ding and/oexcavation that-could result I sUbstantial adverse impact and/or change to a portion of A, Monitoring • t Prior to the ISM:lance Of soy construdtionpermits, Including.but not:limited to, the first.GradIng Permit.ot" Demolition Plans/Permits, the Grading Permit, Demolition Plans/ CA-SDI-8797 Locus C and the sensitive Tribal Cultural aPplIcanViandowner shall enter Intma ple-akcavatIon agreement with the sari Luis Rey Band of Mission Indians, otherwise known Asa Tribal • Permits and Building Resources area-Due to the presence-of these known Cultural Resources Treatment and Tribal-Monitoring Agreement. A copy of the agreement shall be Included lathe grading plan su bmltta is.for . Plans/ Permits, but resourceson the site,there Is a potential that .project the Grading Permit. The purposeofthisegreernent shall.be to formalize protocols and procedure,s between the applicant/landowner andthe 'Prlorto the first pre- other-undiscovered resources could be encountered and disturbed:during site grading. This. cou id beta significant W Luisfiey Band of-Mission Indians for the protection and-treatment of, including but not limited to, Native Atnerican hUinan rernaihs, funerary objects, cultural and raligious landscepescerernonial Items, traditional gathering areas and cultural Ite,ms, located and/ordiscovered : construction meeting', Impact, through a monitoring program:in Conjunetion.with the construction of the proposed projact,including additional archaeological surveys and/or studies, ocavations, geotechnical investigations, grading, and all other grourictdisturbing activities. 2, -Prjorte the issua.nceofany construction:p.ermits„ Including but notIlmitecito,the-first.Orading Permit orDernolition Plans/Permits, the e nplicantsha II provide a written andsigned letter toth.ecIty Planner stating thate Dualifled-ArchaeologistandLuisefio Nave American Monitor have-been retained' torrnplementthexnonitoring programrandin accordance-with-the pre-excavation agreement. 3, Prier to the.start of any ground disturbing activItiesra written "Controlled Grade' procedure :to b.e approved' by-the City, shall be prepared the . applicant In consultation.with the tuise60.NatlyeAmerlcan Monitor, the Qualified Archaeologist, and. the Sanluis Rey Band .of Mission Indians. asapplicable,.foranY:grciUnd disturbing,work with machinery occurring 'Mend around CA4DI,8797 Locus C, and potential other-areas-In the general proximity-of known cultural deposit locations,' the.Controlled Grade would have the earth disturbing equipitent operate at-a deliberate, pace, Inn speciallzedmanner and-Work in controlled increments In addition, the equipment would need to meet SpeciflO requirements regarding weight, attachments and type.of wheels. 4. The Qualified Archaeologist shall maintain ongoing collaborative consultation With the, i.ulsefici Native AmerIcanMonitpr during all ground disturbing activities. The requiroment for the monitoring program shall be noted on all applicable construction docUments, including demolition plans, grading plans, etc. The applicant shall notify the City of Carlsbad In writing of tile Start and end of all ground disturbing activities. The Qualified Archaeologist arid tylseRmNative-Areeripen.Monitor shall be present on-site:full-time during ground disturbing activities, including but not limited to, grubbing, excavation,-grading and/or other ground altering activitles,Including the placementOf Imported flirmaterialser fill-tised.from:other areas of the.project Site, to identify any aVidente of potentlararchapolegleal ortribar cultural resources. The presence of the,Qualified-ArchaeologiSt andthe LUIS*. Native American monitor are a Mandatory requirement for all grading activity. .5: Prlorto tile initiation Ofgrading,thecontractocshall organize a pre-construction :meeting °fell personnel sehedulecttcrworic °tithe grading: and:construction phases of the' preje.ct .The Q.u.alifipd.ArehaeOlogistand•Luiseno Native American Monitor shall present the Monitoring program tothezenerel Contractor-and essoclatedsub-contrectorain attendance, The applicantshall prepare a written-summery.ofthe monitoring program and-said s.umrnary shall badIstribilted.to all personnel hired and :scheduled to workenthe.gradinwandeonstruction phases-afthe.pMect.. 6, The Qualified ArchaeOlogist or the Luisefio Native American Monitor may halt ground disturbing activities if archaeological artifact deposits ' and/or tribal Cultural Resources are discovered.. Ground disturbing. activities shall be directed away ,from these deposits to .allow a determination ,of potential .importanCe. Isolates and dearly non-significant deposits will be , mlnIrnally documented in rthe field, If , a . deternilhatiords.made that the unearthed-artifact deposits or Tribal cultural Resources are considered potentiallylsignificant,thesen Luis tley ' band of Mission Indians shall be notifierrand consulted with in regards to the respectful and dignified treatment of those resources. The. . avoidance -and -protection Of the sIgnifIca.nr7rIbel cultural ReSource and/or unique archaeolOgteal resource. Is the preferable Mitigation, If • Page S D.00S 12110-000.006(2419403,4 Potential Ignificant'impact: mitigation Monitoring and deporting Program . MitigationMeasure, Tirriefrarrie of . Mitigation ' ; Monitoring/ .. Enforcement/ arid': ' rieeo41..eg gespentliallIty however)..a.clata ' recovery plad.ls,authoNzecitythe: city ai:the.lead •Ageitcylundert cOp.,k, the, Sari Lisle Re' Band of MISSloo•Indians :shall he notified and consultetCreaardiriethe drafting ,and lieelliation of any such .recovery Plan. For....signifleant artifaat EdepOsiti.or-Tribal :Cultural Resourcethetr.gre to betrepted.pursdartt to recoirery plait an adequate artifect:sampleto address research Avenues- previously identified for sites in. the amp will be collected tisIng ,prOfftsslorial:.archketilogical colleetion, inethoda. if ,the Qualified -Archaeologist:coiled:4; such 'rescittrees,:•the. tuisehe.Native Arrtericen,•Menttor.:MuSt be, present during eny-testink,,Ar .cataloging of 'those* resoUrces, Moreover if the Qualified ArchaeolOgisttloes•nottollect the Tribel.Culturer Resources that are.-.unealthed during the ground disturbing activities., the LarseNo Native American monitor,. may at their Alt:credal), collect.sald resources end 'provide therri Co the San •Itils Rey acrid of MiSslon indians.for respectaand dignified treatment In apeordence with" the Tribesdultural end spirituel traditions. 17, Any and.alftincovered:Trihal 'Cuittiral riesources.sHaji be. repatriated to the,San .Luis liey.nand..of MisSion. radians,. arid/or the 'Most likely 146scariciant, If applIcalsle,for restiectfutand dignified treatment and..netheetaated. . All-till mateflals:Shalibe eb.selitefehand artribaltaltiiralytesoUrces, D,, •hlp.testingiinve4lyeornorkavaslye, shairbe permitted-pa onearthedIrlhal.COlturel'Respurees. without the wrliten permission of the San WS -Rey.13encliPtiViission.Indlans... ' Id. Priortotherreleaseofthe.grading:berid,a monitoringleportandlor eveluetion,report;If appropriate,,whiCh describestle resultsianalyals'arid ..conalusions of Alie•moriltorIng:progreriFteg„, ttiltural,Resource•fiecovery.Planilhallle subleittedlt,y•the Qualified. iitrehe.eolegi'sti • along with - .the:I.urse'no -Uative-Atnerican Monitor's reStes"aracommeets, to the City of.carishad for.epproVal, .saidteport shall' ha:Subject-to cOnfidentialltY as:en:exception-to the-Piibile,riecords Act-end:m/1p riethe 'available 'for pubiladistribtalon,. . . . .. . . . . •Thele.roJeet Ate- e.ontafriP a slanIficant-arehaeolo,gleat Site, 0-SO1'437917 Week C/erid occure.in a .sentitIVe Tribal. , .telterailleSoUrcerea, The Prefect WOUldrenuiragrading . :..atid/or excavatiorrthateoUldreSult Ina' substantial ' 'adverse Impact and/or change tea sigriffclanit•porttort of .: CA‘sipk8797Locus canct•thesensitive Tribal UilttiMI lie,sourcerarea, Irepectsto:CA,SD14175,71octis:Cand the : pursuant to CgOA.Guldellbes :section 150644 Idle:Wefts ' sensitive Tribal Cultural Resource area will significant. 'clt-2.*Cultilral peadtirte.:.ciate'RecOVery,Pien, trigrderto.niltliatefor poteritial,impacts4041grilfl cantetiltUral. resources associatecEwith,CA-Z.1-.6791.1.ocus:. -Cra:CgCiNsignficient archaeological site and a sensitiVe.Tribal Cultural ti,e,source•arep,4-011tUral*Resource Data Ftecovery Plan (D10,) shall be,.dayaloped bye . qualified itiMheeologist, Imconsultatiorryylth the Lt.dseho,Native. American monitor and the .San- Lids Ray Band of Mission- Indians, .-The-D.RP Shall -include,..'includIng.but 'research clesign, excavation/ analysis, e report /of findings and the repatriation of ell,Tilbaltuiturar Resources to thecaan.l.ulxPley:tiand of Mission ,Indians • for respectful and dignified treatment.: The DI3P shall* be approved by the,titypriortoissuance'of any-nansttnctlen-permitiAciudih. butnot limited toithe first OiedIng Pernik Demolition plansAserrnits..and..Building:Plans/Pe malt, andpriorto the first.pro,constructiontneeting, 'Priorto any. , .•construction permits, . riot. -..ilmitedto;the first : ' bracling:Permiti ' .DarnOtion .0',ItinS/PerrnItSend ..•1111.cljrigylans/Rerralte, ',.lai4t prior to the first 'Pra4con.struetion •Triae4g... , City of carlsbad . -- •Docg.pi.,10,.opoDoogiip,m;.4. Page 4 PotentlalgIgnificant impact Mitigation Monitoring and Reporting Program Mitigation Measure TImpframe of Mitigation Monitoring, Enforceme Miami Reporting Responsibility - Human Remains.and Archaeological Resources..The ' CR•9:- Repatriation and ReportotEindings Prior to granting, of '-City of Carlsbad , project site contains the arcfiaeologleal site CA-SDI-8797 ' occupancy permits or ' Locus C and known hilman burial(s) that were discovered. during grading for the Carlsbad Municipal Golf Course and - the Lot 9 pad and left implace atthe timeof . , discovery. These lopwn.resources will be .preserved In place and Will notbe disturbed. Grading and development ofthe proposed.project could disturb undiscovered' resources, a. A repatration.areals) shall be Identified In-an area deemed appropriate by the-San Luis Rey Rand of Mission Indians and agreed upon by the City and the applicant to be usedin the event that Tribal Cultural Resources arecilscovered. Repatriation areas either be located on the project site and/or within close-proximityto.the projectsite. A repatriation area shall have a Cultural Conservation Easerneritend/orsimilar restrictive • easement executed and 'recorded on the property to protect Site Tribal Cultural Resource in perpetuity The applicant shall be responsible for all costs and/or expenses related and/or assoclated.with the repatriation rtea. b. Human Remains. As specified by California Health and ,Safety Code Section 7050.S, if human remains are found on the project site during: ‘ . • . before final InspectIon . ' resulting In a potentially significant Impact, construction or during archaeological work,.the,person responsible for the excavation, or his or her authorized representative, shall Immediately., notify the San Diego County Coroner's .office by telephone. No further excavation or distUrbance of the site or any nearby-area reasonably: - suspected to overlie adjacent remains- shell occur until. the, Coroner has wade-the :necessary-findings, s. to origin and disposItiOrt pursuant to;• Ptilsile Resources Code 5097.98. If such a discovery occurs, a tetnporary construction .exclusion zone shall .he establIshed.surrpunding thearea,Of - the,dlicoverY so that the area would be protected, and-consultation and treatment-could occur as,prescribecl by law.. By law, the coroner-will' determine within two working-days ef iseIng,notified If the remainsarestibject to-his or her atithority..,Itsuspected-NativeAmericarrremainsare discovered; the remains shell be kept In-situ or in a-secure location-1n -close:proximity to where. they tvere--found, -and theexamination of the remains-shall only occuren,slte by a forensic anthropologist or.osteplogist while-in thepresence of a LUIS059. Native American'Moniter, If the the - remains are Identified to be. Native American, the.Coroner shell contact the. Native American Heritage Commission INAHqvirithin-24 hours, The .NAHCwili make a determination as to the Most Likely Descendent (MLD (and Public Resources code 0097.98 shall be followed; c, In order-to r permanently protect-portions of-SDI-8797-Locus c, and other areas-that -are deemed to be Tribal Ciltural 'Resource -areas by•the landowner-and-the-San Luis Hey Band of:Misslon.lndians,:that wIli-not be-directly impacted by the construction of the project,.the city of Carlsbad and the applicant-shall place a Cultural Conservation-Easement over said locations and/obareas,-wIth appropriate protective- buffers-Kara:I:have .stich easement' recorded -on -the -property; This- easement will restrict any future clisturbance- of the cultural deposit area, The Qlzalified , ArcheolOgist and lulseficil Native American-Monitor shall 'have the authority inherent In and tesponsibillty-to ensurethat construction activities are-not expanded beyond the 'limits presented In the•NItIgatIon Monitoring and :Reporting Program!' for the Westin Hotel and Timeshare project. The.dellneation.ofthe boundaries Of the-cultural Conservation-Easement-shell be completed by the,consultIng qualified. Archaeologist and San Luis Rey-Band of Mission Indians Tribal representative and s.ubrzatted to the city-of Carlsbad. The-applicant shall,be r'esponSible for a costs-and eXperises Incurred in essociation.With-thls mItigationfneastire., DOCS 121.163-110000612419403,4 Page 5 • pbtemtlalsignifleent Impact' Mitigation Monitoring and Repotting Program • MItigationMeestire . . trneframa 0 mitigation Monitoring, , Enforcement, and . Reporting Responsibility . Paleontelogical.Resonrces..p.miectimplementatfon has ,'PAIL . thepotentlaf to resultlin-aignifleantimpaCts to paleontological resourcestlue to grading within , forrnetIonsvith a high ancimoderate..reSourceserialtivity, ' I mpactsmould be significant • ' -• -1: Paleontolegical Monitoring 1,. Motilloring-Plan •Priorto any grading on any.,portionof the prolectsite, a qualified paleontologist shall be retained by the City to prepare a Monitoring plan. . Ali Unlined paleontologist Is an Indlyld,ual with an.Ms or•Pha-ln paleontology or geology Who Is lamiliar-with paleontologIcarprocedures• and technlques,'No Grading Permits shall be Issued until the monitoringplan has been approved by the.PlarinIng bisector: . , Pre-Grading,tonferenceend Paleontological Monitor tothefirstpre- a, A qualified paleontological monitor. shall be present .aka .prelrading Conference with the developer„ grading contraStor, and -the . • envIronmental•revlow coordinator:. the purpose. ofthis meeting will halo consult-and coordinate therole•of the pelaontblogIst.inthe. grad iRg of tile Site A qualified paleontologist ls an 'individual with adequate lmoWledge a,nd experlence.with fossilized rernains liliely. to be presehtto Identify Ahem irrthe field 4ricol'Issacie,tWa'tOly.exPerienced to remove the resources far:further-study. ' b., A paleontologist or designatershalf..bapresent during, thosertelatiye phaaearit grailIng;tatietermined # the .pre,,g)*Rig,tonfeteAde, ThernenitOrshall have the authority to ternpOrarlly direct, 0,1Yett,, or hail gradingWallow recovery of fossirretnalns,At'the.41ScretIon of the, monitor, recovery May Inbludeweshingand picking of sptsaitp105.-for micro vertebrate hone and teeth, The.d1Weloper shall . alitnorize•the-dePoSit: of any resources found on the project site In .an institution staffed by qualified paleOntolOgiStses..may, be ' d*iynInecf.by the PlannIngDireater.-11*Oontractorahalltie aware of the random naturobf.fosilioccorrences-and the possibility of a .. discovery of such scientific and/or educational importance which might warrant a long-term salvage operation or preservation. Aqi conflictaregercilng the-role of the-paleontologist anti/or reCoverY times 'shall beresolvedbythe Planning Direater, a,. Fossil. lieogYery-and:Curatio A. if fosillsered iscoyered; the paleontologist (or paleontological monitor) shall recover therm in Most cases,.thls 'fossil salvage can b e • completed. in e short period .,of -time, Hciwever,•sorne fossil specimens (such-as complete large rria.mmarskeleten) may-require an • extended salvage period.,Inthese-instancesthe paltontologist:(or paleo.ntelogleal monitor) shall ;be allowecIto•iemporerily direct,. divert, or halt grading to allow recoveryof fossil remains in a timely.manner.liecause of the.potential for the recovery of small fossil • ' • remains, suciret Isolated•rna unmet teeth, It maybe necessaryln certain.Instances,to set up a screen-washing operation-on the:site, . b. ,FossIllemairts collected' during:the monitoring end salvage portion of-the mitigation program shall •lad cleaned repaired, sorte.cl, and • cataloged-. . c. Prepared fossils, along with copies of all pertinent field notes, photos, and maps ; shall either be deposited (as a donation), In a '..s4entlfla Institution with'permanent;pareoritological.tellectionssOCh as .the EartPiego Natural History Museum or retatneid:Wthe.city: and:displayed:to the .public atan appropriate locetIon-such as a:library or City. Half, 4, Monitoring Report t i he . .PIri Rrilng.plrector and the •Carlsbarl : Priorld 9cdupOpy -of apy bu.Ologs,..:palqort4p1Ogica,1 fpbriftpriqg rgpqrt -sharlel.14;:esrttn and teci.:;o vao sHlaterloPreaeryetion-CorpmIsslon,-.ThisTepqv 411*A.11'Oescribe.all the materials c, p a tribulation of the Nether of hours: $p4r0y-pplontplog!cpt mpraors on the Cite. Prior rta any:co nAru c tIon , permits,: inelti.ding but • not floated to, the.first Grading Permit Demolition Plans/ Permits-and h.ulld.Ing, Plans/Perrnits,,but prfor ' . construction meeting,. ,-City.of-carlsbad - . LAND USE ly11-1CP/tiMe•Consi5tenc.WirapactstatheiVIHC1'/HMP wOold be potentiallyalgnifIcant duoto.nolse.generated th.irIngeonstruction that could Impact the coastal. ' California gm:watcher:In the adlace.nt, preserve area. •Seemitigationmeosure 010r2i .Coastaltalifornia enatcatcher Surv.e.ys. ,See'reltIgadonmeasure. •til.9-2 -Sea mitigation .:rneestire p10.2 . Pag0 6. .DOCS121.165-000q024.19014. CiRLTE , ,3.. CHAMBER OF COMMERCE Mayor Matt Hall 1200 Carlsbad Village Dr. Carlsbad, CA 92008 Members of the Carlsbad City Council RE: Carlsbad Chamber of Commerce support for the Westin Hotel project My name is Ted Owen. I am the President and CEO of the Carlsbad Chamber of Commerce and I am here in support of the Westin Hotel project before you tonight. Grand Pacific Resorts a Carlsbad based hotel and time share company is a top of the line hospitality corporation that employs hundreds of workers, and pays millions of dollars in sales and transient occupancy taxes each year. In addition to the taxes Grand Pacific Resorts participates in dozens of civic and community events annually both as a host and sponsor. Without the Grand Pacific Resorts support many worthwhile organizations would not prosper and fulfill their mission. This chamber has held dozens of events with Grand Pacific entities that have showcased not only the Chamber but the city as thousands of guests attend events at the company's many properties located in Carlsbad. Now they are before you seeking approval to build a world class Westin Hotel on a 3.7 acre bluff overlooking the Pacific Ocean. A world class corporation with your support will add another jewel in the Carlsbad Hospitality industry. The Grand Pacific Resorts is a premier Carlsbad company and I am proud to support without reservation the Westin Hotel project on behalf of the Carlsbad Chamber of Commerce and its 1,400 member companies. Respectfully submitted, Ted Owen, President/CEO Carlsbad Chamber of Commerce CC: City clerk, Council Members 5934 Priestly Drive I Carlsbad, CA 92008 I 760.931.84001 I 760.931.9153 F www.carlsbad.org Date: t A 1--/-4 ( Attachments: 1) Mailing Labels 2) Notice w/ attachments (Signature) AFFIDAVIT OF MAILING NOTICE OF PUBLIC HEARING TO: CITY CLERK DATE OF PUBLIC HEARING: [ C, SUBJECT: kIe3f--61 ge2eTt,e, --n-hcics/No LOCATION: (c:ZOO e.a.r-10..Cifr.Vi ( (a_ -; Dnve_, DATE NOTICES MAILED TO PROPERTY OWNERS: NUMBER MAILED: 75- I declare under penalty of perjury under the laws of the State of California that I am employed by the City of Carlsbad and the foregoing is true and correct. CITY CLERK'S OFFICE (5 t6 (Signature) ( ate) SENT TO FOR PUBLI TION VIA E-MAIL TO: Union Tribune • Coast News PUBLICATION DATE: Union Tribune /7 , c; Coast News I declare under penalty of perjury under the laws of the State of California that I am employed by the City of Carlsbad in the City Clerk's Office and the foregoing is true and correct. jcle, California , of January 2016 Dated at Oce On This 1 PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of The San Diego Union Tribune Formerly known as the North County Times and UT North County and which newspaper has been adjudicated as a newspaper of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree numbers 171349 & 172171, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: This space is for the County Clerk's Filing Stamp Proof of Publication of NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, January 26, 2016, to consider certification of an Environmental impact Report (EIR 15-02), includ- ing the approval of Candidate Findings of Fact and Mitigation Monitoring and Re- porting Program; and approval of a General Plan Amendment, Zone Change, and Local Coastal Program amendment to change land use from Public/Planned Indus- trial/Office (P/PI/0) to Visitor Commercial (VC) and to change zoning from Exclusive Agriculture/Planned Industrial/Office (E-A/P-M/0)to CommercialTourist with a Qual- ified Development Overlay (C-T-O) and a Specific Plan amendment to incorporate 3.6 acres Into the Carlsbad Ranch Specific Plan as Planning Area 5A, and approval of a subdivision map and non-residential Planned Development Permit to create 36 timeshare condominium units, a Site Development Plan, Conditional Use Permit, Coastal Development Permit and Hillside Development Permit for the development of a 71 room 4-story hotel and 36 unit 3-story over basement parking timeshare building, and onsite parking reduction of 12.9% for common parking on 3.6 acres generally located west of The Crossings Drive and north of Grand Pacific Drive in the northwest quadrant of the City within the Mello II segment of the Local Coastal Pro- gram and in Local Facilities Management Zone 8 on property generally and more particularly described as: Those portions of Lots F and H of Rancho Agua Hedionda, in the County of San Diego, State of California, according to Partition Map No.823, filed in the office of the County Recorder of San Diego County, November 16, 1896; and, Lot 9 of City of Carlsbad CT 09-03, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 15902, filed in the office of the County Recorder of San Diego County, March 4,2013 January 16th, 2016 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Jane Allshouse The San Diego Union Tribune Legal Advertising Whereas, on December 16,2015 the City of Carlsbad Planning Commission voted 5- 0 to recommend certification of an Environmental Impact Report (EIR 15-02), includ- ing the approval of Candidate Findings of Fact and Mitigation Monitoring and Re- porting Program; and recommended approval of a General Plan Amendment, Zone Change, and Local Coastal Program amendment to change land use from Pub- lic/Planned Industrial/Office (P/PI/0) to Visitor Commercial (VC) and to change zon- ing from Exclusive Agriculture/Planned Industrial/Office (E-A/P-M/O) to Commercial Tourist with a Qualified Development Overlay (C-T-Q) and a Specific Plan amendment to incorporate 3.6 acres into the Carlsbad Ranch Specific Plan as Planning Area 5A, and recommended approval of a subdivision map and non-residential Planned De- velopment Permit to create 36 timeshare condominium units, a Site Development Plan, Conditional Use Permit, Coastal Development Permit and Hillside Development Permit for the development of a 71 room 4-story hotel and 36 unit 3-story over base- ment parking timeshare building, and onsite parking reduction of 12.9% for common parking on 3.6 acres generally located west ofThe Crossings Drive and north of Grand Pacific Drive in the northwest quadrant of the City within the Mello II segment of the Local Coastal Program and in Local Facilities Management Zone 8. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after January 22, 2016. If you have any questions, please contact Christer Westman in the Planning Division at (760) 602-4614 or christer.westmanocarlsbadca.gov. The time within which you may judicially challenge this Environmental Impact Re- port, General Plan Amendment, Zone Change, Local Coastal Program Amendment, Specific Plan Amendment, Tentative Tract Map, Planned Development Permit, Site Development Permit, Conditional Use Permit, Coastal Development Permit, and/or Hillside Development Permit, if approved, Is established by state law and/or city or- dinance, and is very short. If you challenge the Environmental Impact Report Gen- eral Plan Amendment, Zone Change, Local Coastal Program Amendment, Specific Plan Amendment, Tentative Tract Map, Planned Development Permit, Site Develop- ment Permit, Conditional Use Permit, Coastal Development Permit, and/or Hillside Development Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written cor- respondence 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: EIR 15-02/GPA 14-03/ZC 14-02/LCPA 14-03/SP 207(K)/CT 14-08/PUD 15- 01/SDP 14-11/CUP 15-03/CDP 14-29/HDP 14-06 CASE NAME: WESTIN HOTEL AND TIMESHARE CffY OF CARLSBAD Pub: 1/16/16 CITY COUNCIL NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, January 26, 2016, to consider certification of an Environmental Impact Report (EIR 15-02), including the approval of Candidate Findings of Fact and Mitigation Monitoring and Reporting Program; and approval of a General Plan Amendment, Zone Change, and Local Coastal Program amendment to change land use from Public/Planned Industrial/Office (P/PI/0) to Visitor Commercial (VC) and to change zoning from Exclusive Agriculture/Planned Industrial/Office (E-A/P-M/O) to Commercial Tourist with a Qualified Development Overlay (C-T-Q) and a Specific Plan amendment to incorporate 3.6 acres into the Carlsbad Ranch Specific Plan as Planning Area 5A, and approval of a subdivision map and non-residential Planned Development Permit to create 36 timeshare condominium units, a Site Development Plan, Conditional Use Permit, Coastal Development Permit and Hillside Development Permit for the development of a 71 room 4-story hotel and 36 unit 3-story over basement parking timeshare building, and onsite parking reduction of 12.9% for common parking on 3.6 acres generally located west of The Crossings Drive and north of Grand Pacific Drive in the northwest quadrant of the City within the Mello ll segment of the Local Coastal Program and in Local Facilities Management Zone 8 on property generally and more particularly described as: Those portions of Lots F and H of Rancho Agua Hedionda, in the County of San Diego, State of California, according to Partition Map No. 823, filed in the office of the County Recorder of San Diego County, November 16, 1896; and, Lot 9 of City of Carlsbad CT 09-03, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 15902, filed in the office of the County Recorder of San Diego County, March 4, 2013 Whereas, on December 16, 2015 the City of Carlsbad Planning Commission voted 5-0 to recommend certification of an Environmental Impact Report (EIR 15-02), including the approval of Candidate Findings of Fact and Mitigation Monitoring and Reporting Program; and recommended approval of a General Plan Amendment, Zone Change, and Local Coastal Program amendment to change land use from Public/Planned Industrial/Office (P/PI/0) to Visitor Commercial (VC) and to change zoning from Exclusive Agriculture/Planned Industrial/Office (E-A/P-M/O) to Commercial Tourist with a Qualified Development Overlay (C-T-Q) and a Specific Plan amendment to incorporate 3.6 acres into the Carlsbad Ranch Specific Plan as Planning Area 5A, and recommended approval of a subdivision map and non-residential Planned Development Permit to create 36 timeshare condominium units, a Site Development Plan, Conditional Use Permit, Coastal Development Permit and Hillside Development Permit for the development of a 71 room 4-story hotel and 36 unit 3-story over basement parking timeshare building, and onsite parking reduction of 12.9% for common parking on 3.6 acres generally located west of The Crossings Drive and north of Grand Pacific Drive in the northwest quadrant of the City within the Mello II segment of the Local Coastal Program and in Local Facilities Management Zone 8. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after January 22, 2016. If you have any questions, please contact Christer Westman in the Planning Division at (760) 602-4614 or christer.westman@carlsbadca.gov. The time within which you may judicially challenge this Environmental Impact Report, General Plan Amendment, Zone Change, Local Coastal Program Amendment, Specific Plan Amendment, Tentative Tract Map, Planned Development Permit, Site Development Permit, Conditional Use Permit, Coastal Development Permit, and/or Hillside Development Permit, if approved, is established by state law and/or city ordinance, and is very short. If you challenge the Environmental Impact Report, General Plan Amendment, Zone Change, Local Coastal Program Amendment, Specific Plan Amendment, Tentative Tract Map, Planned Development Permit, Site Development Permit, Conditional Use Permit, Coastal Development Permit, and/or Hillside Development Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad. Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: EIR 15-02/GPA 14-03/ZC 14-02/LCPA 14-03/SP 207(K)/CT 14-08/PUD 15-01/SDP 14-11/CUP 15-03/CDP 14-29/HDP 14-06 CASE NAME: WESTIN HOTEL AND TIMESHARE CITY OF CARLSBAD PUBLISH: January 16, 2016 CITY COUNCIL r NOT TO SCALE SITE MAP Westin Hotel and Timeshare EIR 15-02 / GPA 14-03/ ZC 14-02/ LCPA 14-03 / SP 207K / CT 14-08 / PUD 15-01 / SDP 14-11 / CUP 15-03 / CDP 14-29 / HDP 14-06 091.8/09[.g® AJDAV 00/10 oiqpodwoo ww zg x ww gzewjoj op op.anb9 091-8/091.9c) kianki qTIMeicgodwoo „g/g XI.ozIslociei *** PeguTad 93 ,* I INIVdODDO 80036 VD ICVETIEVD EID VOEFIVE SSST INV=DO IMVd0030 110 36 ' VETTE S INvano3o 80036 VD 'GVETIEVD EID VSIEEEVN 66ST INVd11000 80036 VD ' ETIEVO VSITEEVW LLGT Invdnopo 80036 VD 'CVETIEVD EID VOTIVE ()SST INVc111000 80036 VD 'CVETIEVD EID VSITEUVW LLST INV(30000 80036 VD 'CIVETIEVD EID VSIEEUVW 99S1 ,1 INVd0000 I] 80036 VO 'CVETIEVD 21= VOTIVE 1901 Imvamoo 80036 VD 'CVESrIEVD EID VSIEEEVW SLOT INVdDOD° INIVEED00 bid 80036 VD 'CIVET-ETV:0 EC DIZIOVd CINVES 08S INVECODO INVdCODO 80036 VD 'CIVETIEVD AVM E3IVEC DOLT INvanmo 80036 VD 'CVETIEVO EC CNVZOSTI I INVaIDDO 80036 V3 JCVETIEVO EC DIZIDVa ONVES OOSS INvanDoo 80036 VD Javssauvo ua DIIIDVa CNVES C190 INVELIDDO label size 1" x 2 5/8" compatible with Avery ®51 60/81 0 ette de format 25 mm x 67 mm compatible avec Avery °Si 60/8160 TWA =CI INVdCDOO 80036 VD 'aviasauvo AVM EMVEC SILT INVd0030 80036 VD JCVESUEVD EC DIZIOVE CNVES 0090 INVc10000 Imvanpoo 091.8/090® Amy °mu alpedwoa ww zg x ww gz Fwaol. ap apranb!T 09,1.8/09 l_9© Af any 1.111m elcliludwo3 „8/9 Z x „1. azislaqui Z088—T0IZ6 V3 'osaici NS 00 IS E OSti oaa UHNMO 6 0 *** PaguTad OT *4* 9EEL-800Z6 VO 10 VO 00 ISVd 006S ZEVD 3IJI3Vd GENVES LLTT-80T6 VO 10SEIG NS OET GE SEVIEJ 9EEL-800Z6 VO IOVESZEVO 00Z ID XflJSId 006S SSNITIOH ON= OIJI3VE GLUES riaa.ox 9L-80O6 V3 'eV 00Z I Tdd 006S UVO oiaiova GNVES 1/3 9EEL-800Z6 VO 1GVES'IEV0 00Z ID IfiaIaNc[ca 006g ovasaEvo DIZIOVa GNVES 800Z6 Jay5s=TEvo g8TE-D'SESL XI 'SVTIVG .Edi-T-AVGVEVZ S8TEt'S XOE Od ,-------r[v7ET;-rIEV3 30 MO Id aa Darl VINEOJIZVD ONVZOOTI Zgf/17-800Z6 VO JavasaNdo OUT SVNIONa VGINaAV 009S Td HONVNZINIVW HONE ovasa-Evo OTT-T086T EC 'NOISNINZIM IS ESNVE0 N -60T Id aa OTT VINEOJIZVO umvaosaa label size 1" x 25/8" compatible with Avery ®5160/8160 Eticihette de format 25 mm x 67 mm compatible avec Avery ®5160/8160 niad Sopej. Sauanbit4 zuawa6JeLp op sues V .09 I,S 0A113AV Weqe6el zes111411 mudn-dod pJociaJ01JoianaJ op uo aiming I zandaki Ali3M-09-008-1. LUOYAJeArNtAANI. CARLSBAD UNIFIED SCHOOL DISTRICT 6225 EL CAMINO REAL CARLSBAD CA 92011 SAN DIEGUITO SCHOOL DISTRICT 710 ENCINITAS BLVD ENCINITAS CA 92024 SAN MARCOS SCHOOL DISTRICT STE 250 255 PICO AV SAN MARCOS CA 92069 LEUCADIA WASTE WATER DISTRICT TIM JOCHEN 1960 LA COSTA AV CARLSBAD CA 92009 ENCINITAS SCHOOL DISTRICT 101 RANCHO SANTA FE RD ENCINITAS CA 92024 OLIVENHAIN WATER DISTRICT 1966 OLIVENHAIN RD ENCINITAS CA 92024 CITY OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 CITY OF VISTA 200 CIVIC CENTER DR VISTA CA 92084 STATE OF CALIFORNIA DEPT OF FISH AND WILDLIFE 3883 RUFFIN RD SAN DIEGO CA 92123 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 SD COUNTY PLANNING STE 110 5510 OVERLAND AV SAN DIEGO CA 92123-1239 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 VALLECITOS WATER DISTRICT 201 VALLECITOS DE ORO SAN MARCOS CA 92069 REGIONAL WATER QUALITY CONTROL BOARD STE 100 2375 NORTHSIDE DR SAN DIEGO CA 92108-2700 SAN DIEGO LAFCO STE 200 9335 HAZARD WAY SAN DIEGO CA 92123 U.S. FISH & WILDLIFE STE 250 2177 SALK AV CARLSBAD CA 92011 AIR POLLUTION CONTROL DISTRICT 10124 OLD GROVE RD SAN DIEGO CA 92131 CA COASTAL COMMISSION ATTN KANANI BROWN STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 SAN DAG STE 800 401 B ST SAN DIEGO CA 92101 AIRPORT LAND USE COMMISSION SAN DIEGO CO. AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 CARLSBAD CHAMBER OF COMMERCE 5934 PRIESTLEY DR CARLSBAD CA 92008 ®09is (DAT TANf MICHAEL MCSWEENEY — BIA SD STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 wia6p3 dn-dod asodxa womem. Jaded paad ot aUg fitiOle PUN simmEmil V 0)091.5 aleidwai efuany asn swam .108.1 As All3M-09-008-1. LUOYAMABWIJIMA mdn-dod pampa Si Ja19/19.1 op up ampeti ei zaHdati luawa6Jetp op sun ®091S 0A113AV llieqe5 el ZSSfl Jaiad sapej. sauenbi4 EDWIN ROMERO, CHAIRPERSON 1095 BARONA RD LAKESIDE CA 92040 BUSINESS, TRANS & HSG AGENCY 915 CAPITOL MALL #350B SACRAMENTO CA 958144801 CHANNEL ISLANDS NATL PARK SUPERINTENDENT'S OFFICE 1901 SPINNAKER DR SAN GUENA VENTURA CA 93001 COUNTY OF SD SUPERVISOR RM 335 1600 PACIFIC SAN DIEGO CA 92101 DEPT OF FOOD & AGRICULTURE AGRICULTURAL RESOURCES RM 100 1220 N ST SACRAMENTO CA 95814 DEPT OF JUSTICE DEPT OF ATTY GEN RM 700 110 WEST A ST SAN DIEGO CA 92101 MARINE RESOURCES REG DR & G ENV SERVICES SPR STE J 4665 LAMPSON AVE LOS ALAMITOS CA 907205139 SANDAG EXEC DIRECTOR STE 800 1ST INTL PLZ 401 BST SAN DIEGO CA 92101 AXELSON & CORN ATTORNEYS AT LAW 160 CHESTERFIELD DR SUITE 201 ENCINITAS CA 92007 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108 CITY OF ENCINITAS 5055 VULCAN AV ENCINITAS CA 92024 DEPT OF DEFENSE LOS ANGELES DIST ENG PO BOX 2711 LOS ANGELES CA 90053 DEPT OF FORESTRY ENV COORD PO BOX 944246 SACRAMENTO CA 9424424'60 FED AVIATION ADMIN WESTERN REG PO BOX 92007 LOS ANGELES CA OFF OF PLANNING & RESEARCH OFF OF LOCAL GOV AFFAIRS PO BOX 3044 SACRAMENTO CA 958123044 SD COUNTY PLANNING & LAND USE DEPT STE 310 5510 OVERLAND AVE SAN DIEGO CA 921231239 BUREAU OF INDIAN AFFAIRS 2800 COTTAGE WAY SACRAMENTO CA 95825 CA DEPT OF TRANSPORTATION DISTRICT 11 - DIVISION OF PLANNING/DEVELOPMENT REVIEW 4050 TAYLOR STREET, MS-240 SAN DIEGO CA 92110 COASTAL CONSERVANCY STE 1100 1330 BROADWAY OAKLAND CA 94612 DEPT OF FISH & GAME ENV SERV DIV PO BOX 944246 SACRAMENTO CA 942442460 DEPT OF HOUSING & URBAN DEV REGION IX ENVIRONMENTAL OFFICER 611 WEST SIXTH ST, STE. 811 LOS ANGELES CA 90017 FEDERAL ENERGY REGULATORY COMMISSION 100 1ST ST., STE 2300 SAN FRANCISCO CA 941053084 SAN FRANCISCO BAY CONSERV & DEV COM STE 10600 455 GOLDEN GATE AVE SAN FRANCISCO CA 941027019 SDGE 8315 CENTURY PARK CT SAN DIEGO CA 92123 US BUREAU OF LAND MGMT STE RM W 2800 COTTAGE WY SACRAMENTO CA 95825 USDA RURAL DEVELOPMENT DEPT 4169 430 G ST DAVIS CA 95606 aimum., Jaded paag STATE LANDS COMMISSION STE 1005 100 HOWE AV SACRAMENTO CA 958258202 US BUREAU OF RECLAMATION 27708 JEFFERSON AVE, STE 202 TEMECULA CA 92590 oons a "7-At- US ARMY CORPS OF ENGINEER 915 WILSHIRE BLVD SUITE 1101 LOS ANGELES CA 90017 US FISH & WILDLIFE SERVICES 2800 COTTAGE WAY STE W-2605 SACRAMENTO CA 95825 wia6p3 dn-dod asodxa ! mom Buoin puag ®0915 aleldwai efuaAV esfl sleclei ghlead AS lualuaaieep ap sues V r AIRAV-09-008-L DI'J-n-clod Riociai al .1819A9.1 WOJOrtinAMIAPANt ap uqe airupeci el zandau WATER RESOURCES CONTROL BOARD PO BOX 100 SACRAMENTO CA 95801 ®091S (DAMAN/ ipeqe6 al zaslpfl aalad sap% sananb14 T Ons ©All3/Of wia6p3 dn-dod a 50—ri Xa lart=immis Jaded peal ! atql OUOR ping 3=VIIIMM V ®091,5 aleidwai env esn sl4clei Aseg Westin Hotel and Timeshare EIR 15-02/GPA 14-03/ZC 14-02/LCPA 14- 03/SP 207(K)/CT 14-08/PUD 15-01/SDP 14-11/CUP 15-03/CDP 14-29/HDP 14-06 THE CROSSINGS DRTHE CROSSINGS DRGGRRAANNDDPPAACCIIFFIICC DDRRMM AA RR BB RR II SS AACCRR0 300 600 900150 Feet EIR 15-02 / GPA 14-03 / ZC 14-02 / LCPA 14-03 /SP 207K / CT 14-08 / PUD 15-01 / SDP 14-11 /CUP 15-03 / CDP 14-29 / HDP 14-06 Westin Hotel and Timeshare AGUA HEDIONDALAGOON Location Map GRANDPACIFICDR THECROSSINGSDRM A R B R ISACR GPA 14-03 / ZC 14-02 / LCPA 14-03 /CT 14-08 / PUD 15-01 / SDP 14-11 / CUP 15-03 /CDP 14-29 / HDP 14-06 / V 14-03 / EIR 15-02 Westin Hotel and Timeshare SITE MAP PALOMAR AIR P ORT RDEL C AMREALLA COSTA AV C A RL SB ADBLELCA MINOREAL MELR O S ED RAVIARAPY RANC HO S A NTAFERDCOLLEGEBL Westin Hotel and Timeshare •3.6 acre site –Existing Water Tank –Vacant Development Pad Westin Hotel and Timeshare •71 room hotel –4 floors –45 feet •36 unit timeshare building –3 floors –Underground parking •40 parking spaces •40 surface parking spaces •Courtyard Garden and Pool Patio •Offsite Existing Facilities –Lobby/Reception –Parking –Pool –Conference -Restaurant Site Plan Hotel Elevation Timeshare Elevation Westin Hotel and Timeshare •General Plan Amendment –Existing •Public/Planned Industrial/Office –P/PI/O –Proposed •Visitor Commercial –VC Westin Hotel and Timeshare •Zoning –Existing •Exclusive Agriculture/Planned Industrial/Office –E-A/P-M/O –Proposed •Commercial Tourist/Qualified Overlay –C-T-Q Westin Hotel and Timeshare •Carlsbad Ranch Specific Plan (SP 207) amendment •Add Planning Area 5A •Update Specific Plan exhibits •Site specific development standards –Building Setbacks –Parking Setbacks –Elevator Height –Timeshare Lock-off Parking Westin Hotel and Timeshare •Local Coastal Program Amendment –Land Use –Zoning –Specific Plan Amendment Westin Hotel and Timeshare –Aesthetics –Air Quality –Biological Resources –Cultural Resources –Green House Gas –Hazards –Hydrology and Water Quality –Land Use –Noise –Public Services –Transportation –Utilities Environmental Impact Report Westin Hotel and Timeshare •Additional Information –Transportation Demand Management (TDM) •TDMP fees / TDM / TDMI Agreement –Mitigation Monitoring and Reporting Program (MMRP) •Cultural Resources mitigations emphasizing coordination with Native American Monitor Recommendation That the City Council CERTIFY the Environmental Impact Report EIR 15-02, including the approval of Candidate Findings of Fact and a Mitigation Monitoring and Reporting Program,INTRODUCE Ordinance Nos.CS-292 and CS-293 approving Zone Change ZC 14-02 and Specific Plan Amendment SP 207(K)and ADOPT Resolution Nos.2016-021 and 2016- 022,APPROVING General Plan Amendment GPA 14-03,Local Coastal Program Amendment LCPA 14-03,Carlsbad Tract Map 14-08,Non- Residential Planned Development Permit PUD 15-01,Site Development Plan SDP 14-11,Conditional Use Permit CUP 15-03,Coastal Development Permit CDP 14-29,and Hillside Development Permit 14-06 based on the findings and subject to the conditions contained therein. Grand Pacific Resorts Westin/MarBrisa Expansion Self Parking Valet Parking Grand Pacific Resorts –Westin/MarBrisa Expansion Site Plan Grand Pacific Resorts –Westin/MarBrisa Expansion Entry Route Elevators Grand Pacific Resorts –Westin/MarBrisa Expansion Gathering Areas Atrium Tapestry Garden Events Grand Pacific Resorts –Westin/MarBrisa Expansion 4th Level Patio 180 Degree Ocean View Food and Beverage Service Lounging and Relaxation Grand Pacific Resorts –Westin/MarBrisa Expansion North Elevation Grand Pacific Resorts –Westin/MarBrisa Expansion South Elevation Grand Pacific Resorts –Westin/MarBrisa Expansion West Elevation East Elevation Grand Pacific Resorts –Westim/MarBrisa Expansion Existing View –West from Interior of Sheraton Grand Pacific Resorts –Westin/MarBrisa Expansion Proposed View –West from Interior of Sheraton Grand Pacific Resorts –Westin Hotel Existing View –Northwest from College Blvd Grand Pacific Resorts –Westin Hotel Proposed View –Northwest from College Blvd Grand Pacific Resorts Westin/MarBrisa Expansion