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HomeMy WebLinkAboutPRE 2024-0037; INNS OF AMERICA; Admin Decision LetterFILE August 7, 2024 Alliance Development Service Inc. ATTN: Jim McMenamin 17828 Villamoura Drive Poway, CA 92064 SUBJECT: PRE 2024-0037 (DEV99017}-INNS OF AMERICA APN: 210-090-52-00 Ccityof Carlsbad Thank you for submitting a preliminary review for a project to convert an existing extended stay hotel into multi-family housing proposed at 5010 Avenida Encinas. The project site, an approximately 3.06-acre square foot lot, currently is developed with a 35-foot-tall, 65,763-square-foot, 98-room hotel. The hotel includes 500 square feet of meeting room space. Guest rooms consist of one-bedroom and studios ranging in size from 356 square feet to 750 square feet. The site includes a swimming pool and spa, exercise room, business center, 123 surface parking spaces and landscaping. The existing structure consists of a contemporary southwest architectural style. The applicant proposes to convert the existing hotel into a 98-unit apartment complex, which will include 15% inclusionary housing. In response to your application, the Planning Division has prepared this comment letter. Please note that the purpose of a preliminary review is to provide you with direction and comments on the overall concept of your project. This preliminary review does not represent an in-depth analysis of your project. It is intended to give you feedback on critical issues based upon the information provided in your submittal. This review is based upon the plans, policies, and standards in effect as of the date of this review. Please be aware that at the time of a formal application submittal, new plans, policies, and standards may be in effect and additional issues of concern may be raised through a more specific and detailed review. Planning: l. General Plan and zoning designations for the property are as follows: a. General Plan: Planned Industrial {Pl) b. Zoning: Planned Industrial (P-M) c. Commercial/Visitor-Serving Overlay Zone: The project site is located within the Commercial/Visitor Serving Overlay Zone pursuant to Carlsbad Municipal Code (CMC) 21.208. However, pursuant to CMC section 21.208.050, conditional uses allowed by the underlying zoning designations within the overlay zone that are not commercial/visitor-serving uses, are not subject to the Commercial/Visitor-Serving Overlay Zone, Chapter 21.208 and shall be Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 PRE 2024-0037 (DEV99017)-INNS OF AMERICA August 7, 2024 :.,Jl3·: Page 2 subject to Chapter 21.42. The proposed residential use is a conditd use allowed y the P- M zone, is not a commercial/visitor-serving use and therefore is not subject to the Commercial/Visitor-Serving Overlay zone. d. Coastal Zone: The project site is located within the non-appealable area of the Coastal Zone and is subject to the Mello II Segment of the Local Coastal Program (LCP). The LCP Land Use and Zoning are consistent with the City's General Plan Land Use and Zoning for the site. 2. The project requires the following permits: a. Conditional Use Permit: Pursuant to CMC section 21.34.020, a Conditional Use Permit pursuant to CMC 21.42.071, Process 3, is required for residential uses in the P-M zone. The Planning Commission shall hear and consider the application for the conditional use permit and shall prepare a recommendation and findings for the City ~ouncil. The City Council shall hear the matter, and may deny, or approve/conditionally approve the conditional use permit if all the findings of fact in CMC section 21.42.030 are found to exist. b. Planned Development Permit: Pursuant to CMC section 21.42.140(B)(135), a planned development permit for the project must be approved concurrently with the conditional use permit, by the City Council. c. Coastal Development Permit Amendment: A Coastal Development Permit (CDP 99-06) was approved for the existing hotel pursuant to Planning Commission Resolution No. 4679. An amendment to the existing CDP is required for the proposed change in use from a commercial hotel to multi-family residential. A copy of Planning Commission Resolution 4679 has been included as an attachment to this letter. d. Landscape Permit: A landscape permit may be required depending on the amount of landscaping proposed. e. Building Permit(s) 3. The Housing Crisis Act of 2019 (SB 330) established a preliminary streamline application process for housing projects. It is not mandatory unless applicants seek the vesting and processing benefits offered under SB 330. Participation in the SB 330 streamline process would occur first, followed by the formal development application process required under Government Code (Gov. Code)§§ 65940, 65941, 65941.5, and Carlsbad Municipal Code (CMC) § 21.42.050. Acceptance by the city of a complete SB 330 Streamline Application (Form P-32) and fee will vest the project for 180 days in accordance with the ordinances, policies and standards in effect at the time the SB 330 Application is accepted. 4. New requirements related to the city's goals to reduce greenhouse gas (GHG) emissions will likely impact development requirements of this project. A formal application submittal will need to include a completed Climate Action Plan Checklist (Form P-30) to determine what requirements will apply to the project. New GHG reduction requirements are related to energy efficiency, photovoltaic, electric vehicle charging, water heating and traffic demand management requirements, as set forth in the Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 PRE 2024-0037 (DEV99017}-INNS OF AMERICA August 7, 2024 Page 3 California Green Building Standards Code and in Carlsbad Municipal Code Chapters 18.21, 18.30 and 18.51 which is available on the city's website at the following address: http:ljwww.gcode.us/codes/carlsbad/view.php?topic=18&frames=on To the extent that new GHG reduction requirements are in effect at the time of application for grading or building permits, the project will be required to comply with the effective requirements even if different than what is proposed in the project's planning approvals. GHG reduction requirements may impact, but are not limited to, site design and local building code requirements. If incorporating new GHG reduction requirements results in substantial modifications to the project after planning approvals are obtained, then prior to issuance of grading or building permits, the applicant may be required to submit and receive approval of a Consistency Determination or an Amendment application for the project through the Planning Division. 5. The project is subject to the inclusionary housing ordinance (CMC Chapter 21.85) which requires that a minimum of 15% of the units within a project be affordable to lower income households. Please provide a calculation of the inclusionary housing units that will be provided to meet this requirement and clarify which income-level. Additionally, pursuant to CMC 21.85.030(C), developments which provide 10 or more units affordable to lower-income households shall provide at least 10% of the lower-income units as three or more bedrooms. See the lnclusionary Housing Program Informational Bulletin (IB-157) for more information on inclusionary housing requirements, including development standards: https://www.carlsbadca.gov/home/showpublisheddocument/9634/637897580094270000 6. On a separate but related matter, it has been brought to our attention that some of the guests in existing hotel properties, such as Motel 6, may be staying more than thirty consecutive days. Hotel/motel guests are considered transient occupants because they usually only reside at the property for a short period. A hotel/motel guest automatically becomes a tenant after staying at a hotel for more than 30 consecutive days. When hotel/motel guests stay long enough, they may obtain tenancy rights. One of the primary tenant rights that could apply to long-term guests is the right to a formal eviction proceeding if the property owner wishes to remove the guest from the property. Further, it is unclear if this type of long-term residency would trigger any of the requirements defined by the Ellis Act or Housing Crisis Act (protected unit provisions). The applicant and hotel/motel operator may want to evaluate this and be mindful of that the length of each guest's stay could complicate the timeline to implement the project. Guests who occupy a hotel/motel room for 30 or more consecutive days are considered permanent residents and are exempt from a transient occupancy tax as long as there is no interruption of payment during that period. However, by definition {Section 3.12 of the Carlsbad Municipal Code), the existing motel/hotel is restricted to offering a maximum of 30 consecutive calendar days. Therefore, a hotel/motel is liable for tax for each guest for each night, each transient is subject to a transient occupancy tax, and the hotel/motel operator is responsible to collect the tax imposed. If not collected upfront, the unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel/motel, which must not exceed 30 days. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 PRE 2024-0037 (DEV99017) -INNS OF AMERICA August 7, 2024 Page 4 7. As it relates to transient lodging and the prospective application to convert the use to a residential use, it may be necessary to prepare a fiscal impact assessment to help demonstrate compliance with General Plan and Growth Management policies. The General Plan provides for balanced land use development, with a similar proportion of land uses and population in the future as today. This would continue reinforcement of the city's strong position as an employment hub, and growth in retail and hotel uses, which provide "net revenue gains" for the city. 8. Pursuant to CMC section 21.42.140(8)(135), residential uses such as multi-family dwellings which serve to house the employees of businesses located in the P-M zone may be conditionally permitted in the P-M zone subject to the following findings: a. A planned development permit for the project has been approved, or is approved concurrently with the conditional use permit, by the City Council. b. The residential development is an integral part of an industrial park or large industrial use. c. The residential development is designed to be compatible with the industrial use it serves by means of landscaping, open space separations, etc. d. The industrial development served by the residential development shall provide for convenient and efficient vehicular, bicycle or pedestrian transportation to and from the residential development. e. The maximum allowable density for the residential development shall be established by the City Council but in no event shall the density exceed 40 dwelling units per acre Please describe how the project proposes to meet the findings above. Provide a detailed plan for how the project intends to serve as housing for employees of a business located in the P-M zone. Explain what industrial park/large industrial use this project will serve and how. Plans could also include showing how similar requirements are met in other jurisdictions. 9. Plans. a. Show: North arrow, property lines, easements, existing and proposed structures, streets, existing street improvements, right-of-way width, dimensional setbacks and existing topographical lines (including all side and rear yard slopes). Provide legal description of property and assessor's parcel number. b. The maximum lot coverage for this property is 50%. Provide calculations to show compliance. c. Please clarify if the existing trash enclosure on-site is large enough to accommodate the trash dumpster required for the change in use. From google imagery it appears three existing dumpsters ore on site, however the existing enclosure can only accommodate two dumpsters. If more than two dumpsters are required, additional trash enclosures shall be proposed as part of the entitlement application. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 PRE 2024-0037 {DEV99017) -INNS OF AMERICA August 7, 2024 Page 5 d. Please note, the site plan shows multiple areas where storage containers are placed over existing parking spaces. These storage containers shall be removed. Please label these structures on the plans as existing storage containers to be removed. e. Please show the location of onsite mailboxes/mailrooms. 10. Planned Development Ordinance. Pursuant to CMC 21.42.140(8)(135) the project must process a Planned Development Permit. Therefore, the project is subject to the Planned Development Ordinance section 21.45.060 -General Development Standards. a. The setbacks are as follows: i. Major Arterial (Cannon Rd.): 40 feet ii. Secondary Arterial (Avenida Encinas): 30 feet b. Drive-Aisles i. A minimum width of20-feet is required. However, please be advised, additional width may be required for vehicle/emergency vehicle maneuvering area. ii. No parking shall be permitted within the minimum required width of a drive-aisle. iii. A minimum 24-foot vehicle back-up/maneuvering area shall be provided in front of garages, carports or uncovered parking spaces (this may include driveway area, drive- aisles, and streets). iv. Parkways and/or sidewalks may be required. v. No more than 24 dwelling units shall be located along a single-entry drive-aisle. vi. All drive-aisles shall be enhanced with decorative pavement. c. Visitor Parking i. Visitor parking shall be provided at a ratio of 0.25 spaces per unit where fractional parking spaces shall be rounded up to the nearest whole number. ii. This project proposes 98 units; therefore 25 visitor parking spaces are required (98 x 0.25=24.5 rounded to 25). iii. For projects of more than 25 units, up to 25% of visitor parking may be provided as compact spaces (8 feet by 15 feet). No overhang is permitted into any required setback area or over sidewalks less than 6 feet wide. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 PRE 2024-0037 (DEV99017) -INNS OF AMERICA August 7, 2024 Page 6 iv. Visitor parking spaces must be located no more than 300 feet as measured in a logical walking path from the entrance of the unit it could be considered to serve. v. Visitor parking proposed on drive-aisles must be provided in parking bays that are located outside the required minimum drive-aisle width. vi. Open parking areas should be screened from adjacent residences and public rights- of-way by either a view-obscuring wall, landscaped berm, or landscaping, except parking located within a driveway. d. Community Recreational Space i. The project is not located within the RH/R-23 general plan designation. Therefore 200 square feet of community recreational space is required per unit {19,600). ii. As this project is proposing 50 or more dwelling units, the community recreational space shall be provided as both passive and active recreational facilities for a variety of age groups (a minimum of 75% of the area allocated for active facilities). iii. Community recreational space shall be located and designed so as to be functional, usable, and easily accessible from the units it is intended to serve. iv. Credit for indoor recreation facilities shall not exceed 25% of the required community recreation area. v. Required community recreation areas shall not be located in any required front yard and may not include any streets, drive-aisles, driveways, parking areas, storage areas, slopes of 5% or greater, or walkways (except those walkways that are clearly integral to the design of the recreation area). vi. In addition to required resident and visitor parking, recreation area parking shall be provided, as follows: 1 space for each 15 residential units, or fraction thereof, for units located more than 1,000 feet from a community recreation area. vii. The location of recreation area parking shall be subject to the same location requirements as for visitor parking, except that required recreation area parking shall not be located within a driveway(s). viii. Examples of recreation facilities include, but are not limited to, the following: Active: Swimming pool area, children's playground equipment, spa, courts (tennis, racquetball, volleyball, basketball), recreation rooms or buildings, horseshoe pits, pitch and putt, grassy play areas with a slope of less than 5% (minimum area of 5,000 square feet and a minimum dimension of 50 feet), any other facility Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 PRE 2024-0037 (DEV99017)-INNS OF AMERICA August 7, 2024 Page 7 deemed by the City Planner to satisfy the intent of providing active recreational facilities. Passive: Benches, barbecues, community gardens, grassy play areas with a slope of less than 5% ix. Provide an exhibit showing the location of all existing and proposed community recreational areas and providing square footages. e. Lighting adequate for pedestrian and vehicular safety shall be provided. f. Storage Space i. 480 square feet of separate storage space is required per unit ii. If all storage for each unit is located in one area, the space may be reduced to 392 cubic feet. iii. Required storage space shall be separately enclosed for each unit and be conveniently accessible to the outdoors. iv. Required storage space may be designed as an enlargement of a covered parking structure provided it does not extend into the area of the required parking stall, and does not impede the ability to utilize the parking stall (for vehicle parking). v. A garage (12' x 20' one-car, 20' x 20' two-car, or larger) satisfies the required storage space per unit. vi. This requirement is in addition to closets and other indoor storage areas. 11. Parking. a. In addition to the required parking above. The project is required to provide parking pursuant to CMC 21.44.020 Table A, which requires 1.5 spaces per unit (one of which must be covered) for studio and one-bedroom apartments. b. The project proposes to convert a 98-room hotel into a 98-unit multi-family dwelling comprising of studio and one-bedroom units. Therefore, 147 spaces are required, 98 of which must be covered. c. Pursuant to the approved Conditional Use Permit for the hotel {CUP 99-03) the existing parking lot consists of 123 uncovered parking spaces. The project must provide 24 additional parking spaces. In addition, 98 of the required spaces must covered. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 PRE 2024-0037 {OEV99017) -INNS OF AMERICA August 7, 2024 Page8 d. A minimum of 10% of the required parking area, inclusive of driveways, shall be landscaped subject to the approval of the City Planner. Landscaping in the building setback areas shall not count towards meeting this requirement. 12. Additional Development Standards. The project is subject to the following development standards of the underlying P-M zone, in addition to the Planned Development Ordinance standards listed above. a. Setbacks: Interior side yard {south property line) -10 feet fully landscaped Street-side/rear yard (adjacent to the 1-5 ramp)-an average setback of 35 feet; however, the setback shall not be less than 25 feet. This setback shall be entirely landscaped and irrigated and shall be measured from the right-of-way line or, in the case of a private street, from the curb b. Building Height: 35-feet. Protrusion described in CMC section 21.46.020 are allowed up to a maximum height of 45-feet. Building height above forty-five feet may be permitted through approval of a site development plan processed in accordance with the provisions of Chapter 21.06. c. Walls and Fences: A wall or fence located in any part of a required setback area shall not exceed six feet in height. A wall or fence located in any required front setback or side street area shall not exceed 36 inches in height. d. Landscaping in Parking Areas: A minimum of 10% of the required parking area, inclusive of driveways, shall be landscaped subject to the approval of the City Planner. Landscaping in the building setback areas shall not count towards meeting this requirement. e. Lot Coverage: All buildings, including accessory building structures, shall cover not more than 50% of the area of a lot. Open parking areas shall not be counted in determining lot coverage. 13. Applicant Specific Questions. Please see the following answers to questions listed on the application. a. Please explain what fees are payable for such repurposed development, as fees were previously paid for the hotel use. Building Permit Fees An invoice showing the previously paid building permit/impact fees has been attached to this letter. A request for an estimate of building permit/impact fees related to the proposed conversion of the hotel to a multi-family residence has been submitted to the building division. Please continue to work with building to obtain this estimate. Entitlement Permit Fees As of the date of this letter, the current fee in effect for a Conditional Use Permit is $10,813.00. As of the date of this letter, the current fee in effect for a Planned Development Permit is $15,928.00. As of the date of this letter, the current fee in effect for a Coastal Development Permit Amendment is $5,843.00 (50% of the current application fees). A postage fee for public noticing will also be charged which is calculated by current potage rate Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 PRE 2024-0037 (DEV99017}-INNS OF AMERICA August 7, 2024 Page 9 multiplied by the number of labels. Additional fees may be required depending on the environmental document processed for the project. Please note, all fees are subject to change. New fees will be in effect starting September 1, 2024. Please see the Master Fee Schedule for a list of current entitlement fees: https:llwww.carlsbadca.gov/departments/finance/fees-billing/master-fee-schedule Landscape Fees If the project includes revised/proposed landscaping, a conceptual landscape plan will be required with the entitlement process, in which case a fee will be charged as follows: Landscape Conceptual Plan Review -$377 city processing fee plus $1,300 plan check fee for first three reviews, and $350 for the 4th review and each subsequent review. Landscape Construction Drawing Review-$377 city processing fee plus plan check fees based on per estimate cost of improvements. Please note, the above fees are the current fees as of the date of this letter. For a full list of current fees please see the current landscape fee schedule here: https://www.carlsbadca.gov/home/showpublisheddocument/7630/638295998902500000 b. Please verify the timeframe for approval pursuant to the conditional use permit process with the City. Based on page 38 of the city's processing guide which dictates schedule and routing, our standard processing time for a project that is not exempt from CEQA and decision by the City Council is 13 -19 months. The standard processing time for a project that qualifies for an exemption from CEQA and requires a decision/hearing by the City Council is 12 months. Please note, a determination on the CEQA document the project qualifies for will be based upon the complete project description and scope of work. c. Please provide records of the hotel room rates, occupancy rates and payment of transient occupancy tax to the city. Please submit a public records request through the online portal. The City of Carlsbad Finance Department will pull the transient occupancy tax remittance forms once the request has been submitted. The city is not involved in setting the hotel room rates. Please reach out to the hotel directly for that information. d. Please provide further information on Coastal Development Permit process for this plan. We understand that this CDP is issued by the City, a Local Coastal Program is in effect. An amendment to the existing Coastal Development Permit (CDP 99-06) is required. This amendment will be processed concurrently with the Conditional Use Permit and Planned Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 PRE 2024-0037 {DEV99017) -INNS OF AMERICA August 7, 2024 Page 10 Development Permit and will require a recommendation, to approve, deny or conditionally approve, by the Planning Commission and a decision by the City Council. e. Please confirm that no low-cost visitor serving accommodations are impacted by the repurposed property and that the creation of ninety-eight {98) new apartment homes, including fifteen {15) low-income affordable homes is a "net positive" for the City, contributing toward RHNA Allocation requirements. The existing hotel is not located on the city's hotel inventory as providing low-cost accommodations. Pursuant to CMC 21.85.050, the project is required to provide 15% lower income inclusionary units. Therefore, the 15 proposed affordable housing units will be a requirement of the project. f. Please verify what, if any, additional third-party reports may be required, e.g. traffic, environmental, other? The following technical studies shall be provided at application submittal unless otherwise stated below. Please note, additional studies may be required upon review of a formal application. Noise Study-The subject building is located within the 70+ Community Noise Equivalent Level (CNEL) existing and future transit noise contours. With the project submittal, please submit a noise analysis prepared by a registered acoustician demonstrating compliance with the city's Noise Guidelines Manual and the General Plan Noise Element. The study should include an analysis of the existing building materials and whether interior noise is attenuated to 45 dBA or less. Measurements shall be taken inside and outside the building at the property line and within the community recreation areas. Please note, upgrades may be needed to the building to address the 45dBA requirement. In addition, the noise analysis shall study whether the required community recreation areas comply with the 60 dBA standard. The analysis should be based on noise emanating from all sources including noise from mechanical equipment such as generator and HVAC cooling towers. The study should be prepared in accordance with the requirements outlined in the City of Carlsbad's Noise Guidelines Manual and General Plan Noise Element. The Noise Guidelines Manual may be accessed on the city's website at: https:llwww.carlsbadca.gov/home/showpublisheddocument/238/637425974092370000 The City of Carlsbad's General Plan Noise Element is found in Chapter 5 and may be accessed on the city's website at: https://www.carlsbadca.gov/home/showpublisheddocument/3426/637434861102600000 Sewer and Water Study-A Sewer and Water Study is required to demonstrate how the water demands and sewer loading will change due to the conversion. Traffic Study -A Local Mobility Analysis (LMA) may be required. Please submit a Transportation Analysis Need Statement (Form P-42) and Trip Generation Table to Public Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 PRE 2024-0037 (DEV99017)-INNS OF AMERICA August 7, 2024 Page 11 Works Transportation, Associate Engineer, Nick Gorman at Nick.Gorman@carlsbadca.gov, prior to formal submittal of the discretionary application. A Traffic Demand Management (TDM) plan may be required. See LDE comment 2(b) below. VMT Analysis -Depending on the California Environmental Quality Act (CEQA) environmental document required for this project, a Vehicle Miles Traveled (VMT) analysis may be required. A CEQA determination will be made after the application is deemed complete, at which point staff may request a VMT analysis. Air Quality Analysis -An Air Quality Analysis is required which should include an analysis on greenhouse gas emissions sources from (but not limited to) construction and operations. A CEQA determination will be made after the application is deemed complete, at which point staff may request additional technical studies/documentation. Additional fees will be collected if an initial study is required. All necessary application forms, submittal requirements, and fee information are available at the Planning counter located in the Faraday Building at 1635 Faraday Avenue or online at https://www.carlsbadca.gov/departments/community-development/planning. You may also access the General Plan Land Use Element and the Zoning Ordinance online at the website address shown. Please review all information carefully before submitting. Land Development Engineering: Prior to formal application for the project permit submittal, the following items must be adequately resolved/addressed, unless otherwise noted: 1. With application submittal of any required discretionary permits, submit completed form P42 to determine if a Local Mobility Analysis (LMA) and/or Transportation Demand Management (TOM) plan is required. If required, submit these required report(s) for review. Provide existing and proposed ADT and peak hour trips per generation rates from SAN DAG Brief Guide of Vehicular Traffic Generation Rates for the San Diego Region on the site plan/tentative map. 2. If a Local Mobility Analysis is required, refer to the Transportation Impact Analysis Guidelines at https://www.carlsbadca.gov/home/showpublisheddocument/328/637425982502330000. a. Depending on the CEQA determination, which is determined after the application for discretionary permits is submitted, a Vehicle Miles Traveled (VMT) analysis may be required per the Vehicles Miles Traveled Analysis Guidelines available at https://www.carlsbadca.gov/home/showdocument?id=312. b. A Transportation Demand Management (TDM) plan may be required depending on the number of employee vehicle trips the project will generate. Calculate the gross employee ADT using the generation rates from Table 2-2 of the TOM Handbook at https://www.carlsbadca.gov/home/showpublisheddocument/310/637 4259813383 7000 Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 PRE 2024-0037 (DEV99017) -INNS OF AMERICA August 7, 2024 Page 12 Q Show calculations on the Climate Action Plan checklist, Form P-30. If applicable, submit a TDM plan with your application for discretionary permits. 3. Complete a Stormwater Standards Questionnaire Form E-34. This questionnaire will guide you and the city in determining what type of reports and storm water mitigation must be completed to satisfy state and City storm water quality requirements. The questionnaire is located on the City of Carlsbad website. If all the proposed development is limited to interior work the project may be exempt from storm water quality requirements. Completing the questionnaire will determine if this is the case. 4. Provide a Preliminary Title Report (current within the last six (6) months). 5. Annotate and delineate all existing easements and encumbrances listed in the Preliminary Title Report on the site plan. If any vacations or quitclaims are planned with this development annotate on the site plan. 6. On the site plan, show and identify all existing surface improvements screened back {curb, gutter, sidewalk, paving, manholes, inlets, streetlights, adjacent driveways, vaults, transformers, etc.} at the project site, project frontage and within 25 feet of the boundary. 7. Delineate location of all existing and proposed buildings, walls, fences and permanent structures onsite and within 25 feet of the site. 8. Show existing lot line bearing and distance. 9. If the proposed apartment complex is constructed and later converted to a condominium complex, a tentative map and final map will need to be processed through the city. 10. Show all existing utilities and callout size for: water, sewer, storm drain, underground dry utilities, overhead lines, traffic signals, streetlights and sewer laterals in Avenida Encinas and Cannon Road affecting the property. 11. All transformers and electrical facilities solely serving this project site shall be located on site and outside of the public right-of-way. 12. Public potable water and sewer mains along project frontages must meet minimum design diameter and material as specified in City of Carlsbad Engineering Standards Vol. 2 Section 3.2.2 for water and Volume 1 Section 6.2 for sewer. Utility replacement and/or upsizing may be required as a condition of development. 13. Locate fire service, backflows, potable and recycled water services, meters, landscape irrigation services, and sewer laterals for the new development in compliance with City of Carlsbad Engineering Standards requirements. 14. Meet with the Fire Department to identify the necessary fire protection measures required for this project (access, fire hydrants, sprinkler system, on-site circulation, emergency access, etc.) Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 PRE 2024-0037 (DEV99017)-INNS OF AMERICA August 7, 2024 Page 13 15. Plot stopping sight distance at all driveways and corner sight distance at all street intersections. 16. Please be advised that a more in-depth review of the proposed development will occur with the discretionary permit application when a more complete design of the project is provided. Carlsbad Fire Department Comments: The application involves a change in Occupancy Classification from R-1 to R-2. Building shall comply with all fire and building code requirements in accordance with the California Existing Building Code and an assessment and evaluation shall be submitted for review and consideration by a licensed architect before a change in occupancy classification can be approved. Building Division The building division has reviewed the project and has no comments. If you would like to schedule a meeting to discuss this letter with the commenting departments, please contact Lauren Yzaguirre at the number below. You may also contact each department individually as follows: • Planning Division: Lauren Yzaguirre, Associate Planner, at (442) 339-2634 • Land Development Engineering: David Rick, Project Engineer, at (442) 339-2781 • Fire Department: Randy Metz, Fire Division Chief, (442) 339-2661 • Building Division: Shawn Huff, Building Official, at (442) 339-5338 Sincerely, ERIC LARDY, AICP City Planner EL:LY:cf Attachments: PC Resolution 4679 Commercial/Industrial Permit No. CB003131 Receipt c: Cody Charfauros, Slatt Capital, 425 Executive Square, Suite 850, La Jolla, CA 92037 David Rick, Project Engineer Fire Prevention Laserfiche/File Copy Data Entry Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 ) l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 4679 A RESOLUTION OF THE PLANNING COJ\.1MISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF COASTAL DEVELOPMENT PERMIT CDP 99- 06 TO DEVELOP A 98 UNIT BUSINESS HOTEL ON PROPERTY GENERALLY LOCATED AT THE SOUTHEAST CORNER OF CANNON ROAD AND A VENIDA ENCINAS, WITlilN THE CITY'S COASTAL ZONE, THE COM- MERCIALNISITOR-SERVING OVERLAY ZONE AND IN LOCAL FACILITIES MANAGE:MENT ZONE 3. CASE NAME: INNS OF AMERICA CASE NO.: CDP 99-06 WHEREAS, Herrick Development, Inc., "Developer", has filed a verified application with the City of Carlsbad regarding property owned by Ray and Barbara Winter, "Owner", described as A portion of Lot H per Map 823, Rancho Agua Hedionda, as recorded in the Office of the County Recorder, San Diego County, State of California on May 1, 1915. APN: 210-090-52 ("the Property''); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits "A"-"K" dated November 17, 1999,on file in the Planning Department, INNS OF AMERICA, CDP 99-06, as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 17th day of November 1999, 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 CDP. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: l 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 A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of INNS OF AMERICA, CDP 99-06,-based on the following findings and subject to the following conditions: Findines: 1. 2. 3. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the proposed business hotel is a conditionally allowed use for the Planned Industrial designated property per the LCP designation. Specific LCP overlay zones do not apply. The provision of hotel or motel rooms in the coastal zone is supported in general terms by the LCP and Policy 6-S which cites the need to provide additional visitor-serving rooms into the area The proposal is in conformity with the public. access and recreation policies of Chapter 3 of the Coastal Act in that the project is not located adjacent to the ocean shoreline or a coastal lagoon. Therefore, the project will not interfere with the public's right to physical access to the sea or a lagoon: and the site is not suited for any form of water-oriented recreational activity. Since this project is also located in the Commercial/Visitor-Serving Overlay Zone, the findings contained in Planning Commission Resolution No. 4678 for CUP 99-03 regarding the Overlay Zone's required findings are hereby incorporated by reference. Likewise, the Environmental Finding contained in the Resolution No. 4678 is hereby incorporated by reference. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building permit. 1. 2. 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; 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 Coastal Development Permit. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the CDP 99-06 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. PC RESO NO. 4679 -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 3. 4. 5. 6. 7. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof: imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. The 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 Coastal Development Permit, (b) City's approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This approval is granted subject to the approval of CUP 99-03 and is subject to all conditions contained in Planning Commission Resolution No. _4678 for those other approvals The applicant shall apply for and be issued building permits for this project within two (2) years of approval or this coastal development permit will expire unless extended per Section 21.201.210 of the Zoning Ordinance. 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. 4679 -3- . • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 17th day of November, 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Heineman, Commissioners Campas, L'Heureux, Nielsen, Segall, Trigas, and Welshons (11/b COURTNEY E. HEINEMAN, Chairperson CARLSBAD PLANNING COMMISSION PC RESO NO. 4679 -4- City of Carlsbad 1635 Faraday Av Carlsbad, CA 92008 12/27/2000 Commercial/Industrial Permit Permit No: CB003131 Building Inspection Request Line (760) 602-2725 Job Address: Permit Type: Parcel No: Valuation: Occupancy Group: Project Title: Applicant: TRUE LARRY 5010 AVENIDA ENCINAS CBAD COMMIND Sub Type: Lot#: $4,406,121.00 Construction Type: Reference #: INNS OF AMERICA HOTEL HOTEL 65,763 SF HOTEL 0 V1 Owner: Status: Applied: Entered By: Plan Approved: Issued: Inspect Area: ISSUED 08/24/2000 JM 12/27/2000 12/27/2000 755 RAINTREE DRIVE CARLSBAD CA 92008 760-436-6661 7585 12/27/00 0002 01 02 Total Fees: $489,696.70 Building Permit Add'I Building Permit Fee Plan Check Add'I Plan Check Fee Plan Check Discount Strong Motion Fee Park Fee LFM Fee Bridge Fee BTD#2 Fee BTD#3 Fee Renewal Fee Add'l Renewal Fee Other Building Fee Pot. Water Con. Fee Meter Size Add'I Pot. Water Con. Fee Reel. Water Con. Fee CGP 48295'8-70 Total Payments To Date: $6,698.00 Balance Due: 482,998.70 $10,084.09 $0.00 $6,554.66 $0.00 $0.00 $925.29 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $46,080.00 D2 $0.00 $0.00 Meter Size Add'I Reel. Water Con. Fee Meter Fee SOCWAFee CFD Payoff Fee PFF PFF (CFO Fund) License Tax License Tax (CFO Fund) Traffic Impact Fee Traffic Impact (CFD Fund) LFMZ Transportation Fee PLUMBING TOTAL ELECTRICAL TOTAL MECHANICAL TOTAL Master Drainage Fee: Sewer Fee: Redev Parking Fee: TOTAL PERMIT FEES FINAL APPROVAL $0.00 $1,050.00 $29,187.00 $0.00 $80,191.40 $74,022.83 $0.00 $0.00 $16,511.04 $15,240.96 $0.00 $3,122.00 $1,460.00 $1,098.00 $18,263.43 $185,906.00 $0.00 $489,696.70 Date:/-~ •t>z._,. Clearance: ____ _ NOTICE: Please take NOTICE at approval ofyourprojeci includes the•lmposition' of fees, dedications, reseivations, or other exactions hereafter collectively referred to as "fees/exacoons.' You have 90 days from the date this permit was Issued to protest imposition or these fees/ex:actklns. If you protest them, you must follow the protest procedures set forth in Government Code Section 66020(a), and file the protest and any other required infonnation 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 rght to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capactiy changes. nor planning, zoning, grading or o1her similar appDcatlon processing or seivlce fees In connection with 1his project NOR DOES IT APPLY to any fees/exactions of which ou have lousl been iven a NOTICE smlar to this, or as to which 1he statute of Hmitations has revious otherwise ex ired.