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Home My WebLink About1998-09-02; Planning Commission; ; GPA 98-02|SP 181B|CUP 98-14|HDP 97-20 - COURTYARD BY MARRIOTT'1·ne City of CARLSBAD Planning Department tf4l_ A REPORT TO THE PLANNING COMMISSION P.C. AGENDA OF: September 2, 1998 Item No.@ Application complete date: June 25, 1998 Project Planner: Chris DeCerbo Project Engineer: Clyde Wickham SUBJECT: GPA 98-02/SP 181(B)/CUP 98-14/HDP 97-20 -COURTYARD BY MARRIOTT -Request for approval of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, General Plan Amendment, Specific Plan Amendment, Conditional Use Permit and Hillside Development Permit to develop a 145 room hotel on a 3.74 acre property located north of Palomar Airport Road, east of Camino Vida Roble along the south side of Owens Avenue within the Carlsbad Airport Center Specific Plan in Local Facilities Management Zone 5. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 4372, 4373, and 4374, RECOMMENDING APPROVAL of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, GPA 98-02 and SP 18l(B) and ADOPT Planning Commission Resolutions No. 4375 and 4376, APPROVING CUP 98-14 and HOP 97-20, based on the findings and subject to the conditions contained therein. II. INTRODUCTION This project entails the development of a 145 room Marriott Hotel on a 3.74 acre property located along Owens A venue in the Carlsbad Airport Center Specific Plan. The project applicant is also requesting approval of a General Plan Amendment (from Open Space to Planned Industrial) to accommodate required project parking, and a Specific Plan Amendment to eliminate the requirements to process a General Plan Amendment and a Site Development Plan for the development of a hotel within the Carlsbad Airport Center Specific Plan. The project complies with all applicable City standards, all project issues have been resolved and all necessary findings can be made for the requested approvals. Therefore, staff recommends approval of this project. III. PROJECT DESCRIPTION AND BACKGROUND The proposed Courtyard by Marriott project consists of a 145 room hotel on a pre-graded, vacant 3.74 acre property located in the Carlsbad Airport Center Specific Plan. The project site is located along the south side of Owens A venue to the north of Palomar Airport Road and east of Camino Vida Roble. The proposed hotel is 79,127 square feet in area, and will include 145 guest rooms, a limited service restaurant (1,804 square feet), two small meeting rooms (1,035 square feet total), associated parking (203 spaces) and recreation facilities ( outdoor courtyard with pool and jacuzzi). The hotel is a three story structure that measures 3 3' in height with allowed height 0 GPA 98-02/SP 181(B)/Cl.Jr 98-14/HDP 97-20-COURTYARD B'\'. MARRIOTT September 2, 1998 Pa e2 protrusions up to 38' 4.25" (see Exhibits "A" -"L"). Access to the project and the adjacent office building to the west will be provided by a shared driveway off of Owens A venue and on- site parking will be provided consistent with the City's parking requirements. Project grading will include 12,000 cubic yards of cut and 7,000 cubic yards of fill. Implementation of the proposed 145 room hotel project on this site will require the construction of two landscaped crib retaining walls; including one which is 650 feet in length, ranges from .5 to 6 feet in height, and is located between and down slope from Owens A venue and the project parking lot, and the other which is 120 feet in length, between 2 and 6 feet tall, and located to the south of and down slope from the project's eastern-most parking area. As shown on Exhibits "A" -"F", the hotel is configured in a U-shaped design to provide a major landscaped open space visual focal point for the project when viewed from Palomar Airport Road and a protected setting for the project's 11,021 sq. ft. outdoor courtyard (including pool and jacuzzi). A drive through porte-cochere with copper finish domed roof is located along the north (Owens A venue) side of the building. Architectural accent features include balconies, slate tile, varied roof parapet and wall planes, tented glazing, detailed windowsills, railing and trellises. Building materials include "honey butter" colored exterior plaster, compatible "safari quartz" and "rajah red" slate tiles and tented bronze glass and window frames. In order to adequately park the proposed project, the applicant is proposing to convert 24,885 square feet ( .57 acres) of General Plan Open Space to Planned Industrial use. The General Plan Open Space area that is proposed to be developed with parking uses is a portion of Lot 26 of the Carlsbad Airport Center (CT 81-46) that is located immediately adjacent to and east of the subject property. The Open Space area is comprised of a manufactured slope that was developed in association with the original grading of the industrial subdivision and is planted with ornamental landscaping. This area also includes a storm drain and its outlet structure. Adjacent to the proposed open space encroachment area is a drainage that contains oak trees. This General Plan Open Space would be replaced with 25,000 square feet of native habitat that is located on Lot 101 of the Carlsbad Research Center (CT 85-24). The subject property is designated Planned Industrial (PI), is zoned Planned Industrial (P-M) and is located within the Carlsbad Airport Center Specific Plan (SP18l(A)). Specific Plan 181(A) designates the project site (Lot #28 of CT 81-46) for the development of "Area 2" uses, including "industrial support, business and professional and certain retail uses (including hotels) which support the business park". Specific Plan 181(A) indicates that the development of a hotel use within "Area 2" requires the approval of a site development plan, conditional use permit and a general plan amendment. As a part of this project, the applicant is requesting approval of an amendment to Specific Plan 18l(A) to eliminate the general plan amendment requirement for hotel, motel and theater uses and the site development plan requirement for all commercial uses permitted within "Area 2" of the Carlsbad Airport Center Specific Plan. The project site is pre-graded and is sparsely vegetated with non-native grasses and ornamental perimeter landscaping. The property is bordered by Open Space and Palomar Airport Road to the south, Owens Avenue and P-M zoned property to the north, an office use (Optimal Integrated Solutions) to the west and Open Space and P-M zoned property to the east. - GPA 98-02/SP 181(B)/CUr ~8-14/HDP 97-20-COURTYARD BY MARRIOTT September 2, 1998 Pae 3 The proposed project is subject to the following regulations: A. Carlsbad General Plan; B. Carlsbad Airport Center Specific Plan 18l(A); C. Planned Industrial (P-M) Zone (Municipal Code Chapter 21.34); Conditional Uses (Municipal Code Chapter 21.42); Hillside Development (Municipal Code Chapter 21.95) and; D. Growth Management Ordinance (Municipal Code Chapter 21.90) and Local Facilities Management Zone 5. IV. ANALYSIS The recommendation for approval of this project was developed by analyzing the project's consistency with applicable policies and regulations listed above. The following analysis section discusses compliance with each of these regulations/policies using both text and tables. A. General Plan 1. Consistency The project site has a Planned Industrial (Pl) General Plan designation. The Land Use Element of the General Plan (Land Use Element Industrial Policy C.9) allows ancillary commercial uses (including hotels) within Planned Industrial (Pl) designated areas when they are oriented to support industrial developments and their populations. The proposed hotel is consistent with the Land Use Element of the General Plan in that it is located within the Carlsbad Airport Center industrial park and it's primary purpose is to provide lodging for clients and visitors to the businesses within the Carlsbad Airport Center. The project is also consistent with other General Plan Elements as summarized in Table 1. GPA 98-02/SP 181(B)/Cl.Jt' 98-14/HDP 97-20-COURTYARD BY MARRIOTT September 2, 1998 Pa e4 TABLE 1 -GENERAL PLAN COMPLIANCE ELEMENT GOAL, PROPOSED USES COMPLY? OBJECTIVE OR & PROGRAM IMPROVEMENTS Public Safety Design all structures The hotel building Yes in accordance with will meet UBC and seismic design State seismic codes. standards of the UBC and State building requirements. Open Space and Minimize The project has been Yes Conservation environmental designed to not impacts to sensitive encroach into the resources within the adjacent oak tree City. grove. 2. Amendment As previously discussed, the project applicant is proposing to convert 24,885 square feet (.57 acres) of General Plan Open Space to Planned Industrial use in order to adequately park the proposed project. The General Plan Open Space area that is proposed for development is located immediately adjacent to and east of the subject property (see Exhibit "M"). This Open Space area is comprised of a manufactured slope that is planted with ornamental landscaping, and a storm drain and outlet structure that was developed in association with the original grading and development of CT 81-46. This General Plan Open Space would be replaced with 25,000 square feet of native habitat that is located on Lot 101 within the Carlsbad Research Center (see Exhibit "N"). This proposed Open Space area is a natural down-slope, adjacent to a currently developing office building site on Lot 101 of CT 85-24, near the existing southern terminus of Faraday Avenue. The property is covered with native vegetation and is adjacent to other native habitat areas. This proposal to adjust the boundaries of General Plan Open Space, complies with all of the required findings of Policy C.20 of the Open Space and Conservation Element of the General Plan as follows: (1) The proposed Open Space (25,000 sq. ft.) is of equal size or larger, than the existing Open Space (24,885 sq. ft.), as shown on Exhibits; (2) The proposed Open Space is of environmental quality equal to, or greater than, the existing Open Space area since the proposed Open Space is covered by native habitat and the existing Open Space is planted with ornamental landscaping; GPA 98-02/SP 181(B)/CUl' 98-14/HDP 97-20 -COURTYARD BY MARRIOTT September 2, 1998 Pae 5 (3) The proposed Open Space is contiguous to, or in close proximity to, Official Open Space, since there is Official Open Space and native habitat directly adjacent to the proposed Open Space. B. Carlsbad Airport Center Specific Plan 181(A) 1. Amendment The project site is located within the Carlsbad Airport Center Specific Plan (SP18l(A)). As previously discussed, Specific Plan 181(A) designates the subject property for the development of "Area 2" uses which include: "industrial support, business and professional and certain retail uses (including hotels) which support the business park". While Specific Plan 18l(A) does indicate that hotel uses are a permitted use for the project site, it nevertheless requires the processing and approval of three land use permits, including a site development plan, conditional use permit and a general plan amendment for such use. As a part of this project, the applicant is requesting approval of an amendment to Specific Plan 181 (A) to eliminate the general plan amendment requirement for hotel, motel and ·theater uses and the site development plan requirement for all commercial uses that are permitted within "Area 2" of the Carlsbad Airport Center Specific Plan. The approval of this Specific Plan Amendment (SP 18l(B)) would still require that this project applicant, and future applicants proposing "commercial uses" within the Carlsbad Airport Center, to achieve approval of a conditional use permit by the Planning Commission. Staff recommends support of this Specific Plan Amendment (SP 18l(B)) request for the following reasons: a. The conditional use permit (Chapter 21.42 of the Municipal Code), will continue to provide the City with adequate project review and oversight authority in that the necessary findings required for approval of a conditional use permit (Section 21.42.020 of the Municipal Code) are the same findings (Section 21.06.020 of the Municipal Code) that are required for the approval of a site development plan. Specifically, it would be necessary to demonstrate that the project is in compliance with the General Plan, compatible with adjacent land uses, environmentally sensitive, in compliance with the development standards of the Carlsbad Airport Center Specific Plan, and that there are adequate public facilities. The conditional use permit also provides the City with more project oversight and monitoring authority than a site development plan. b. A primary Commercial Goal (A.3) of the Land Use Element of the General Plan is "A City which promotes economic development strategies, for commercial, industrial, office and tourist-oriented land uses". As previously discussed, Industrial Policy C.9 of the Land Use Element of the General Plan allows, by conditional use permit, ancillary commercial uses (including hotels) within Planned Industrial (PI) designated areas when they are oriented to support industrial developments and their populations. This proposal to delete the general plan amendment requirement for hotel, motel and theater uses from the Carlsbad Airport Center Specific Plan is an example of a strategy to promote GPA 98-02/SP 181(B)/CU.P 98-14/HDP 97-20-COURTYARD BY MARRIOTT September 2, 1998 Pae 6 commercial economic development by deleting duplicative and or unnecessary permit requirements. Therefore, this proposed specific plan amendment is consistent with the General Plan. 2. Consistency The Carlsbad Airport Center Specific Plan establishes the permitted uses for the site as well as the development standards and design guidelines. This project complies with all requirements of the Carlsbad Airport Center Specific Plan (as proposed for amendment). The permitted uses for the project site (Area 2) include industrial support, business and professional and retail uses which support the business park. The hotel use proposed for development on this site is included within the list of permitted uses for Area 2. This project complies with the development standards of Specific Plan 18l(A) as summarized in Table 2. TABLE 2 -SPECIFIC PLAN 181(A) DEVELOPMENT STANDARDS DEVELOPMENT PROPOSED PLAN COMPLIES? STANDARD Building Setbacks: Yes Front -30 ft. 45 ft. Interior side -10 ft. 57 ft. Rear -25 ft. 56 ft. Parking Setbacks: Yes Front -10 ft. 10 ft. Rear -10 ft. 10 ft. Building Coverage: 50% 16.6% Yes Parking: Yes Guest Room -1.2:Room 1.2: Room -174 spaces Restaurant -1 : 100 1 : 100 -18 spaces Meeting Room -1 : 100 1 : 100 -11 spaces Total Spaces -203 Total Spaces -203 Building Height: 35 ft.~ 33 ft. with height protrusions Yes allowed height protrusions up to 38' 4.25" to 45 ft. Service/Loading Areas: Screened from Owens A venue Yes Screened and minimum 70 and minimum 70 ft. from ft. from Owens A venue Owens Avenue R.O. W. R.O.W. Trash Enclosures: 8 ft. high masonry wall and Yes Minimum 6 ft. high located outside of front masonry wall and located setback. outside of front setback. GPA 98-02/SP 181(B)/CUP 98-14/HDP 97-20-COURTYARD BY MARRIOTT September 2, 1998 Pa e7 C. Zoning 1. P-M Zone -The proposed Courtyard by Marriott Hotel is located within, and regulated by the Carlsbad Airport Center Specific Plan (SP 181(A)). The Specific Plan incorporates all applicable development standards of the Planned Industrial (P-M) Zone. In that this project complies with all development standards of SP 181(A), it is also in compliance with all applicable development standards of the P-M Zone. 2. Conditional Use Permit -The Carlsbad Airport Center Specific Plan specifies that any commercial development within Area 2 requires the approval of a conditional use permit pursuant to Chapter 21.42 of the Municipal Code. Four findings are required by Section 21.42.020 of the Carlsbad Municipal Code. The required findings with justification for each are contained in Planning Commission Resolution No. 4375. This section summarizes the necessary findings and support for each. The requested use is properly related to the site, surroundings and environmental setting as the project design complies with all of the requirements of the Carlsbad Airport Center Specific Plan, as demonstrated in Subsection "B.2" of this report. The project has also been designed to comply with or exceed all required building and parking setbacks, to be compatible in scale and height with the adjacent Optimal office building and to create no environmental impacts. The site is also adequate in size and shape to accommodate the use as all applicable planning, engineering and building code requirements have been met and building coverage (16.6%) is well below the maximum permitted 50%. All features (yards, setbacks and landscaping) which are necessary to adjust the hotel use to existing and permitted planned industrial and open space uses have been provided. Aesthetic appeal and architectural interest is provided by the hotel structure's U-shaped design surrounding a landscaped courtyard in addition to the extensive facade relief (balconies, and varied wall planes and roof parapets) and building materials (stucco covered concrete masonry, stone tile and wood trim) incorporated into the structure. The hotel's parking, retaining walls and loading areas will be adequately screened from views from Palomar Airport Road by perimeter and parking lot landscaping (see Exhibits "G" -"L") and from Owens Avenue by perimeter landscaping and due to the fact that the site is up to 30 feet below the grade of Owens A venue. Adequate onsite vehicle circulation (minimum 24' wide driveways) has been provided. Access to the site from Owens Avenue will be provided by a shared driveway, thereby increasing traffic safety along the roadway. The Zone 5 Local Facilities Management Plan projected that the subject property would develop with 43,778 sq. ft. of commercial uses. Development of the property as projected would generate 1,751 ADT (40 ADT/1000 sq. ft.). In comparison, the proposed 145 room hotel will generate 1,305 ADT (9 ADT/Guest room) or up to 446 fewer daily trips than projected. Accordingly, the planned street system is adequate to handle all traffic generated by the hotel use. 3. Hillside Development Permit -The topography of the existing property is comprised of a previously graded pad along Owens Avenue (maximum elevation of 270 feet MSL at the northeast comer of the property along Owens A venue) which slopes gently to the southwest GPA 98-02/SP 181(B)/Cl.Jr 98-14/HDP 97-20 -COURTYARD Bi' MARRIOTT September 2, 1998 Pae 8 comer of the site (230 feet MSL). A manufactured down slope (50% gradient), ranging from 20 feet to 30 feet in height, is located in the southeast comer of the property and another, ranging from 3 to 23 feet in height, is located along the site's Owens Avenue frontage. Pursuant to the City's amended Hillside Ordinance, because this project proposes the development of the existing manufactured slopes, a Hillside Development Permit (HDP) is required. As discussed in Planning Resolution No. 4375, the proposed project complies with the required HDP findings of Section 21.95 of the Municipal Code. Specifically, there are no undevelopable areas on the project site, the project complies with the Purpose and Intent provisions of the Hillside Ordinance, the project substantially conforms to the Hillside Development Guidelines Manual and the project complies with the Development and Design Standards of the Hillside Ordinance as summarized in Table 3. TABLE 3 -HILLSIDE ORDINACE -SECTION 21.95.120 STANDARD PROPOSED PLAN COMPLIES? Development of Manufactured Consistent with Subsection Yes Slopes of Over 40% Gradient 21.95.120.C of the Hillside Ordinance, the project will encroach (for purposes of constructing crib retaining walls) a maximum of 6 vertical feet into existing downhill and uphill perimeter manufactured slopes. Acceptable Volume of 3,208 cu yds/acre . Yes Grading: 7,999 cu yds/acre Maximum Manufactured Maximum manufactured slope Yes Slope Height: 40 feet height is 20 feet Contour Grading: No manufactured slopes Yes Manufactured slopes greater greater than 20' in height and than 20' in height and 200 feet 200' in length are proposed. in length and which are visible form a Circulation element road, collector street or useable public open space Slope Edge Building setback: The hotel building is setback Yes . 7 foot horizontal to 1 foot from the southern vertical imaginary diagonal manufactured slope edge a plane measured from edge of minimum of 60 feet. slope to building or a minimum slope edge setback of27 feet. Landscape manufactured Both south facing Yes slopes consistent with the manufactured slopes will be City's Landscape Manual landscaped consistent with the City's Landscape Manual GPA 98-02/SP 181(B)/CUP 98-14/HDP 97-20 -COURTYARD BY MARRIOTT September 2, 1998 Pa e9 D. Growth Management Ordinance The proposed hotel project is located within Local Facilities Management Plan Zone 5. The impacts on public facilities created by this project and compliance with the adopted performance standards are summarized in Table 4. TABLE 4 GROWTH MANAGEMENT COMPLIANCE FACILITY IMPACTS/STANDARD COMPLIES? City Administration NIA Yes Library NIA Yes Wastewater Treatment 87EDU Yes Capacity Parks $.40lsq. ft. Yes Drainage Encinas Canyon Yes Circulation 1305 ADT Yes Fire Station 5 Yes Open Space NIA Yes Schools Carlsbad Yes Sewer 87EDU Yes Water 19,333 GPO Yes Growth Control Allowance NIA Yes V. ENVIRONMENTALREVIEW The initial study (EIA -Part II) prepared for this project determined that the project will not result in significant direct impacts to the environment. However, implementation of the project could result in potential indirect impacts to off-site biological resources (oak trees). The developer has agreed to add a mitigation measure to the project (stake and flag oak trees as off- limits to construction activity in the field) to reduce potential impacts to the oak trees to below a level of significance in accordance with the requirements of the California Environmental Quality Act (CEQA). Otherwise the project site has been previously pregraded and therefore supports no significant habitat, plant or animal species nor any historical, archaeological or paleontological resources. Furthermore, the project has either been designed or conditioned to incorporate all feasible and pertinent mitigation measures identified in Master EIR 93-01. In consideration of the foregoing, on July 27, 1998, the Planning Director issued a Mitigated Negative Declaration for the project. No comments were received. ' GPA 98-02/SP 181(B)/CUP 98-14/HDP 97-20-COURTYARD BY MARRIOTT September 2, 1998 Pae 10 ATTACHMENTS: 1. Planning Commission Resolution No. 4372 (Mitigated Negative Declaration) 2. Planning Commission Resolution No. 4373 (GPA) 3. Planning Commission Resolution No. 4374 (SP) 4. Planning Commission Resolution No. 4375 (CUP) 5. Planning Commission Resolution No. 4376 (HDP) 6. Location Map 7. Background Data Sheet 8. Local Facilities Impact Assessment Form 9. Disclosure Statements 10. Exhibits "M" -"N", dated September 2, 1998 11. Exhibits "A" -"L", dated September 2, 1998 CD:dch 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 4372 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM TO DEVELOP A 145 ROOM HOTEL AND ASSOCIATED PARKING AND RECREATIONAL AMENITIES ON PROPERTY GENERALLY LOCATED ALONG THE SOUTH SIDE OF OWENS AVENUE TO THE NORTH OF PALOMAR AIRPORT ROAD AND EAST OF CAMINO VIDA ROBLE IN LOCAL FACILITIES MANAGEMENT ZONE 5 CASE NAME: COURTYARD BY MARRIOTT CASE NO.: GPA 98-02/SP 181{B)ICUP 98-14/HDP 97-20 WHEREAS, Carlsbad HHG/APM Hotel Venture, Limited Partnership, "Developer", has filed a verified application (GPA 98-02/SP 181(8)/CUP 98-14/HDP 97-20) with the City of Carlsbad regarding property owned by E. Stanley Rodier and Carlsbad Airport Centre Owners Association, "Owner", described as A portion of Lots 26 and 28 of Carlsbad Tract 81-46, Unit No. 2, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 11288, filed in the Office of the County Recorder of San Diego County, July 16, 1985. ("the Property"); and WHEREAS, the Planning Commission did on the 2nd day of September, 1998, hold a duly noticed public hearing as prescribed by law to consider said request (GPA 98-02/SP 181 (B)/ CUP 98-14/HDP 97-20); and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission 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 A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS APPROVAL of the Mitigated Negative Declaration according to Exhibit "ND" dated July 27, 1998, and "PII" dated July 17, 1998, attached hereto and made a part hereof, based on the following findings: Findings: 2. 3. The Planning Commission of the City of Carlsbad has reviewed, analyzed and considered the Mitigated Negative Declaration, the environmental impacts therein identified for this project and said comments thereon, and the Mitigation Monitoring and Reporting Program, on file in the Planning Department, prior to RECOMMENDING APPROVAL of the project. Based on the EIA Part II and comments thereon, the Planning Commission finds that there is no substantial evidence the project will have a significant effect on the environment and hereby RECOMMENDS APPROVAL of the Mitigated Negative Declaration. The Planning Commission does hereby find that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program have been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad. The Planning Commission finds that the Mitigated Negative Declaration reflects the independent judgment of the Planning Commission of the City of Carlsbad. Conditions: The Developer shall implement, or cause the implementation of, the Courtyard By Marriott Project Mitigation Monitoring and Reporting Program, dated September 2, 1998. PC RESO NO. 4372 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 2nd day of September 1998, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: BAILEY NOBLE, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOLZMILLER Planning Director PC RESO NO. 4372 -3- - City of Carlsbad •410,ih•el·■·J=i·F•ii,,i=i,il MITIGATED NEGATIVE DECLARATION Project Address/Location: North of Palomar Airport Road and east of Camino Vida Roble along the south side of Owens A venue. Project Description: A General Plan Amendment, Specific Plan Amendment, Site Development Plan and Hillside Development Permit to develop a 3-story, 145 room hotel (Courtyard by Marriott), and associated parking, landscaping and recreational amenities on 3.74 acres. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the· Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Mitigated Negative Declaration ( declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Mitigated Negative Declaration with supportive documents is on file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the public are invited. Please submit comments in writing· to the Planning Department within 20 days of date of issuance. If you have any questions, please call Chris DeCerbo in the Planning Department at (760) 438-1161, extension 4445. DATED: CASE NO: CASE NAME: PUBLISH DATE: July 27, 1998 GPA 98-02/SP 191(B)/SDP 97-23/HDP 97-20 COURTYARD BY MARRIOTT July 27, 1998 ~-~ MICHAEL J. iizMIER Planning Director 2075 La Palmas Dr. ,Carlsbad, CA 92009-1576 ,(760) 438-1161 • FAX (760) 438-0894 ENVIRONMENTAL IMPACT ASSESSMENT FORM -PART Il (TO BE COMPLETED BY THE PLANNING DEPARTMENT) BACKGROUND CASE NO: GPA 98-02/SP 18l(B)/SDP 97-23/HDP 97-20 DATE: 7/17/98 1. CASE NAME: COURTYARD BY MARRIOTT 2. APPLICANT: Carlsbad HHG/APM Venture LP 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 4441 W. Airport Freeway, Irving, Texas 75062 (972) 659-0259 4. DATE EIA FORM PART I SUBMITTED: 3/24/98 5. PROJECT DESCRIPTION: This project entails a General Plan Amendment, Specific Plan Amendment, Site Development Plan and Hillside Development Permit to enable the development of a 3-story (33' tall with allowed height protrusions up to 38' 4.25"), 145 room hotel (Courtyard by Marriott), and associated parking, landscaping and recreational amenities on a 3.74 acre property located north of Palomar Airport Road and east of Camino Vida Roble along the south side of Owens Avenue. SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" as indicated by the checklist on the following pages. D Land Use and Planning D Population and Housing D Geological Problems D Water [8] Air Quality [8] Transportation/Circulation· D Biological Resources O Public Services O Utilities & Service Systems D Energy & Mineral Resources O Aesthetics O Hazards D Noise D Cultural Resources O Recreation O Mandatory Findings of Significance 1 Rev. 03/28/96 DETERMINATION. (To be completed by the Lead Agency) □ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. □ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. □ I find that the proposed project MAY have significant effect(s) on the environment, but at least one potentially significant effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An Mitigated Negative Declaration is required, but it must analyze only the effects that remain to be addressed. O I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier Master Environmental Impact Review (MEIR 93-01) pursuant to applicable standards and (b) have been voided or mitigated pursuant to that earlier Master Environmental Review (MEIR 93-01 ), including revisions or mitigation measures that are imposed upon the proposed project. Therefore, a Notice of Prior Compliance has been prepared. Planner Signature Date Date 2 Rev. 03/28/96 ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. • A brief explanation is required for all answers except "No Impact" answers that are adequately supported by an information source cited in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A "No Impact" answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. • '"Less Than Significant Impact" applies where there is supporting evidence that the potential impact is not adversely significant, and the impact does not exceed adopted general standards and policies. • "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. • "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. • Based on an "EIA-Part II", if a proposed project could have a potentially significant effect on the environment, but all potentially significant effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required (Prior Compliance). • When "Potentially Significant Impact" is checked the project is not necessarily 3 Rev. 03/28/96 required to prepare an EIR if the significant effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a "Statement of Overriding Considerations" has been made pursuant to that earlier EIR. • A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. • If there are one or more potentially significant effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate "Potentially Significant Impact Unless Mitigation Incorporated" may be checked and a Mitigated Negative Declaration may be prepared. • An EIR must be prepared if "Potentially Significant Impact" is checked, and including but not limited to the following circumstances: (1) the potentially significant effect has not been discussed or mitigated in an Earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the impact to less than significant; (2) a "Statement of Overriding Considerations" for the significant impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the impact to less than significant, or; (4) through the EIA-Part II analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in· reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. Issues (and Supporting Infonnation Sources). Potentially Potentially Less Than No Significant Significant Significan Impact Impact Unless t Impact Mitigation Incorporated I. LAND USE AND PLANNING. Would the proposal:. a) Conflict with general plan designation or zoning? □ □ ~ □ (Source #(s): (#1:Pgs 5.6-l -5.6-18; #2: Pgs 90-93) b) Conflict with applicable environmental plans or □ □ □ ~ policies adopted by agencies with jurisdiction over the project? (#1:Pgs 5.6-1 -5.6-18; #2: Pgs 90-93)) c) Be incompatible with existing land use in the vicinity? □ □ □ (#1:Pgs 5.6-1 -5.6-18; #2: Pgs 90-93)) 4 Rev. 03/28/96 Issues (and Supporting Information Sources). d) Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses? (#1:Pgs 5.6-1 -5.6-18: #2 Pgs 90-93) e) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? (#1:Pgs 5.6-1 -5.6-18 #2 Pgs 90-93) II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? (#1 :Pgs 5.5-1 -5.5-6) b) Induce substantial growth in an area either directly or indirectly ( e.g. through projects in an undeveloped area or extension of major infrastructure)? (#1:Pgs 5.5-1 - 5.5-6) c) Displace existing housing, especially affordable housing? (#1:Pgs 5.5-1 -5.5-6) III. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Faultrupture?(#l:Pgs5.l-l-5.l-15;#2Pgs. 77-84) b) Seismic ground shaking? ( ( # 1 :Pgs 5 .1-1 -5 .1-15; #2 Pgs. 77-84) c) Seismic ground failure, including liquefaction? ((#1:Pgs 5.1-1 -5.1.15; #2 Pgs. 77-84) d) Seiche, tsunami, or volcanic hazard? (#1:Pgs 5.1-1 - 5.1-15; #2 Pgs. 77-84) e) Landslides or mudflows? (#1:Pgs 5.1-1 -5.1-15; #2 Pgs. 77-84) f) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? (#1 :Pgs 5.1-1 -5.1-15; #2 Pgs. 77-84)) g) Subsidence of the land? (#1:Pgs 5.1-1 -5.1-15; #2 Pgs. 77-84) h) Expansive soils? (#1:Pgs 5.1-1 -5.1-15; #2 Pgs. 77- 84)) i) Unique geologic or physical features? (#1:Pgs 5.1-1 - 5.1-15; #2 Pgs. 77-84) IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? (#1:Pgs 5.2-1 -5 .. 2- 11; #2 Pgs. 84-90) b) Exposure of people or property to water related hazards such as flooding? ((#1:Pgs 5.2-1 -5 .. 2-11; #2 Pgs. 84- 90) Potentially Significant Impact □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Potentially Significant Unless Mitigation Incorporated □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Less Than No Significan Impact t Impact □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ 5 Rev. 03/28/96 Issues (and Supporting Information Sources). c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? ((#1:Pgs 5.2-1 -5 .. 2-11; #2 Pgs. 84-90)) d) Changes in the amount of surface water in any water body? ((#1:Pgs 5.2-1 -5 .. 2-11; #2 Pgs. 84-90) e) Changes in currents, or the course or direction of water movements? ((#1:Pgs 5.2-1 -5 .. 2-11; #2 Pgs. 84-90))) t) Changes in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? ((#1:Pgs 5.2-1 -5 .. 2-11; #2 Pgs. 84-90) g) Altered direction or rate of flow of groundwater? ((#1:Pgs 5.2-1 -5 .. 2-11) h) Impacts to groundwater quality? ((#1:Pgs 5.2-1 -5 .. 2- 11; #2 Pgs. 84-90) i) Substantial reduction in the amount of groundwater otherwise available for public water supplies? ((#1:Pgs 5.2-1 -5 .. 2-11; #2 Pgs. 84-90) V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? (#1 :Pgs 5.3- 1 -5.3-12) b) Expose sensitive receptors to pollutants? (#1:Pgs 5.3-1 -5.3-12) c) Alter air movement, moisture, or temperature, or cause any change in climate? ((#1:Pgs 5.3-1 -5.3-12) d) Create objectionable odors?((# 1 :Pgs 5.3-1 -5.3-12) VI. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? (#1:Pgs 5.7-1 -5.7.22) b) Hazards to safety from design features ( e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? (#1:Pgs 5.7-1 -5.7.22) c) Inadequate emergency access or access to nearby uses? (#1:Pgs 5.7-1 -5.7.22) d) Insufficient parking capacity on-site or off-site? (#1:Pgs 5.7-1 -5.7.22) e) Hazards or barriers for pedestrians or bicyclists? (#1:Pgs 5.7-1 -5.7.22) t) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? (#1:Pgs 5.7-1 -5.7.22) 6 Potentially Significant Impact □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Potentially Significant Unless Mitigation Incorporated □ □ □ □ □ □ □ □ □ □ cg] □ □ □ □ □ Less Than Significan t Impact □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Rev. 03/28/96 No Impact cg] cg] cg] ~ cg] cg] □ □ cg] Issues (and Supporting Information Sources). g) Rail, waterborne or air traffic impacts? (#1:Pgs 5.7-1 - 5.7.22) VIL BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds)? (#2) b) Locally designated species (e.g. heritage trees)? (#1:Pgs 5.4-1 -5.4-24) c) Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? (#2) d) Wetland habitat (e.g. marsh, riparian and vernal pool)? (#2) e) Wildlife dispersal or migration corridors? (#1 :Pgs 5.4-1 -5.4-24) VIII. ENERGY AND MINERAL RESOURCES. Would the proposal? a) Conflict with adopted energy conservation plans? (#1:Pgs 5.12.1-1 -5.12.1-5 & 5.13-1 -5.13-9) b) Use non-renewable resources in a wasteful and inefficient manner? (#1:Pgs 5.12.1-1 -5.12.1-5 & 5.13- 1 -5.13-9) c) Result in the Joss of availability of a known mineral resource that would be of future value to the region and the residents of the State? (#1:Pgs 5.12.1-1 -5.12.1-5 & 5.13-1 -5.13-9) IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? (#1:Pgs 5.10.1-1 -5.10.1-5) b) Possible interference with an emergency response plan or emergency evacuation plan? (#1:Pgs 5.10.1-1 - 5.10.1-5) c) The creation of any health hazard or potential health hazards? (#1:Pgs 5.10.1-1 -5.10.1-5) d) Exposure of people to existing sources of potential health hazards? (#1:Pgs 5.10.1-1 -5.10.1-5) e) Increase fire hazard in areas with flammable brush, grass, or trees? (#1:Pgs 5.10.1-1 -5.10.1-5) X. NOISE. Would the proposal result in: a) Increases in existing noise levels? (#1:Pgs 5.9-1 -5.9- 15) 7 Potentially Significant Impact □ □ □ □ □ □ □ □ □ □ □ □ □ □ Potentially Significant Unless Mitigation Incorporated □ □ □ [8j □ □ □ □ □ □ □ □ □ □ □ Less Than No Significan Impact t Impact □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ [8j □ [8j [8j [8j [8j [8j [8j [8j [8j [8j Rev. 03/28/96 Issues (and Supporting Infonnation Sources). b) Exposure of people to severe noise levels? (#1:Pgs 5.9- 1 -5.9-15) XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? (#1:Pgs 5.12.5-1 -5.12.5-6) b) Police protection? (#1:Pgs 5.12.6-1 -5.12.6-4) c) Schools? (#1:Pgs 5.12.7.1 -5.12.7-5) d) Maintenance of public facilities, including roads? (1, pgs 5.12.1-1-5.12.8-7) e) Other governmental services? (#1:Pgs 5.12.1-1 - 5.12.8-7) XII. UTILITIES AND SERVICES SYSTEMS. Would the proposal result in a need for new systems or supplies, • or substantial alterations to the following utilities: a) Power or natural gas? (#1:Pgs 5.12.1-1 -5.12.1-5 & 5.13-1 -5.13-9) b) Communications systems? (#1; pgs 5.12.1-1 -5.12.8-7) c) Local or regional water treatment or distribution facilities? (#1:Pgs 5.12.2-1 -5.12.3-7) d) Sewer or septic tanks? (#1:Pgs 5.12.3-1 -5.12.3-7) e) Storm water drainage? (#1:Pg 5.2-8) f) Solid waste disposal? (#1 :Pgs 5.12.4-1 -5.12.4-3) g) Local or regional water supplies? (#1:Pgs 5.12.2-1 - 5.12.3-7) XIII. AESTHETICS. Would the proposal: a) Affect a scenic or vista or scenic highway? (#1:Pgs 5.11-1-5.ll-5) b) Have a demonstrate negative aesthetic effect? (#1:Pgs 5.11-1 -5.11-5) c) Create light or glare? (#1:Pgs 5.11-1 -5.11-5) XIV. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? (#1:Pgs 5.8-1 -5.8- 10;#2 Pgs. 44-50) b) Disturb archaeological resources? (#1:Pgs 5.8-1 -5.8- 10;#2 Pgs. 44-50) c) Affect historical resources? (#1:Pgs 5.8-1 -5.8-10;#2 Pgs. 44'-50) 8 Potentially Significant Impact □ □ □ □ □ □ □ □· □ □ □ □ □ □ □ □ □ □ □ Potentially Significant Unless Mitigation Incorporated □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Less Than No Significan Impact t Impact □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Rev. 03/28/96 Issues (and Supporting Information Sources). d) Have the potential to cause a physical change which would affect unique ethnic cultural values? (# 1 :Pgs 5.8-1 -5.8-10;#2 Pgs. 44-50)) e) Restrict existing religious or sacred uses within the potential impact area? (#1:Pgs 5.8-1 -5.8-10;#2 Pgs. 44-50) XV.RECREATIONAL. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? (#1:Pgs 5.12.8-1 - 5.12.8-7) b) Affect existing recreational opportunities? (#1:Pgs 5.12.8-1 -5.12.8-7) XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause the substantial adverse effects on human beings, either directly or indirectly? XVII. EARLIER ANALYSES. Potentially Significant Impact □ □ □ □ □ □ □ Potentially Significant Unless Mitigation Incorporated □ □ □ □ □ □ □ Less Than Significan t Impact □ □ □ □ □ □ □ Earlier analysis of this proposed hotel project has been completed through the General Plan Update (GPA 94-01) Environmental Impact Report (EIR 81-6). The MEIR is cited as source #1 in the preceding checklist. EIR 81-06 is source #2. This proposal is consistent with the applicable portions of the General Plan and is considered a Subsequent Project that was described in MEIR 93-01 as within its scope. All feasible mitigation measures identified in MEIR 93-01 which are appropriate to this and related Master Environmental Impact Report (MEIR 93-01) and the Airport Business Center Subsequent Project have been incorporated into this project. 9 Rev. 03/28/96 No Impact (8l (8l (8l DISCUSSION OF ENVIRONMENTAL EVALUATION I. PROJECT DESCRIPTION/ENVIRONMENTAL SETTING This Courtyard by Marriott project is a 145 room hotel that will include a limited service restaurant (1,752 square feet), two small meeting rooms (1,051 square feet total), and associated parking (203 spaces) and recreation facilities (outdoor courtyard with pool and jacuzzi). The project will be developed on a pre-graded 3.74 acre property located along • Owens A venue in the Carlsbad Airport Center planned industrial park. The proposed hotel is a 80,398 square foot, three story structure that measures 33' in height with allowed height protrusions up to 38' 4.25". Driveway access will be provided off of Owens Avenue and on-site parking will be provided consistent with the City's parking requirements. Project grading will include 12,000 cubic yards of cut and 7,000 cubic yards of fill. In order to adequately park the proposed project, the applicant is proposing to convert 24,885 (.57 acres) square feet of General Plan Open Space to Planned Industrial use. This General Plan Open Space would be replaced with 25,000 square feet of native habitat that is located on Lot 101 of the Carlsbad Research Center (CT 85-24). The General Plan Open Space area that is proposed to be developed with parking uses is a portion of Lot 26 of the Carlsbad Airport Center (CT 81-46) that is located immediately adjacent to and east of the subject property. The Open Space area is comprised of a manufactured slope that was developed in association with the original grading of the industrial subdivision and is planted with ornamental landscaping. The area also includes a storm drain and its outlet structure. Adjacent to the proposed open space encroachment area is a drainage that contains oak trees. The oak tree area will be required to be staked and flagged in the field and posted as off-limits to construction activity prior to the issuance of a grading permit. II. ENVIRONMENT AL ANALYSIS B. Environmental Impact Discussion Land Use The subject property is designated Planned Industrial (P-1), is zoned Planned Industrial (P-M) and is located within the Carlsbad Airport Center Specific Plan (SP181(A)). Specific Plan 181(A) designates the project site (Lot # 28 of CT 81-46) for the development of commercial uses, including hotels. The proposed 144 room Marriott Courtyard hotel is therefore consistent with the General Plan, P-M Zone and Specific Plan 181(A). Rev. 03/28/96 The project applicant is proposing project encroachment (24,885 sq. ft.) into General Plan Open Space to develop required project parking. Consistent with Policy No. C.20. of the Open Space and Conservation Element of the General Plan, the project is proposing to mitigate this Open Space (OS) encroachment through the conversion of 25,000 sq. ft. of Planned Industrial designated land to Open Space (Lot IO I of the Carlsbad Research Center). In that the proposed OS is: (1) of equal size or larger, (2) landscaped with native vegetation compared to ornamental landscaping on the existing OS, and (3) is in close proximity to other OS, this proposal would be consistent with the General Plan. Biology The project site is a pregraded site that is sparsely vegetated with non-native grasses and ornamental landscaping. The General Plan Open Space area that is proposed to be developed with parking uses is comprised of a manufactured slope that was developed in association with the original grading of the industrial subdivision (CT 81-46) and is planted with ornamental landscaping. The area also includes a storm drain and its outlet structure. Adjacent to the proposed open space encroachment area is a drainage that contains oak trees. The oak tree area will be required to be staked and flagged in the field and posted as off-limits to construction activity prior to the issuance of a grading permit. Air Quality The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in increased gas and electric power consumption and vehicle miles traveled. These subsequently result in increases in the emission of carbon monoxide, reactive organic gases, oxides of nitrogen and sulfur, and suspended particulates. These aerosols are the major contributors to air pollution in the City as well as in the San Diego Air Basin. Since the San Diego Air Basin is a "'non-attainment basin", any additional air emissions are considered cumulatively significant; therefore, continued development to buildout as proposed in the updated General Plan will have cumulative significant impacts on the air quality of the region. To lessen or minimize the impact on air quality associated with General Plan buildout, a variety of mitigation measures are recommended in the Final Master EIR. These include: 1) provisions for roadway and intersection improvements prior to or concurrent with development; 2) measures to reduce vehicle trips through the implementation of Congestion and Transportation Demand Management; 3) provisions to encourage alternative modes of transportation including mass transit services; 4) conditions to promote energy efficient building and site design; and 5) participation in regional growth management strategies when adopted. The applicable and appropriate General Plan air quality mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Operation-related emissions are considered cumulatively significant because the project is located within a "non-attainment basin", therefore, the "Initial Study" checklist is 11 Rev. 03/28/96 marked "Potentially Significant Impact". This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a "Statement Of Overriding Considerations" for air quality impacts. This "Statement Of Overriding Considerations" applies to all subsequent projects covered by the General Plan's Final Master EIR, including this project, therefore, no further environmental review of air quality impacts is required. This document is available at the Planning Department. Transportation/Circulation The Zone 5 Local Facilities Management Plan and Final Master EIR 93-01 projected that the subject property would develop with 43,778 sq. ft of commercial uses. Development of the project site with 43,778 sq. ft. of commercial uses would generate 1,751 ADT (40 ADT/ 1000 sq. ft.). In comparison, the proposed 145 room hotel will generate 1,305 ADT (9ADT/Guest Room). The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in increased traffic volumes. Roadway segments will be adequate to accommodate buildout traffic; however, 12 full and 2 partial intersections will be severely impacted by regional through-traffic over which the City has no jurisdictional control. These generally include all freeway interchange areas and major intersections along Carlsbad Boulevard. Even with the implementation of roadway improvements, a number of intersections are projected to fail the City's adopted Growth Management performance standards at buildout. To lessen or minimize the impact on circulation associated with General Plan buildout, numerous mitigation measures have been recommended in the Final Master EIR. These include: 1) measures to ensure the provision of circulation facilities concurrent with need; 2) provisions to develop alternative modes of transportation such as trails, bicycle routes, additional sidewalks, pedestrian linkages, and commuter rail systems; and 3) participation in regional circulation strategies when adopted. The diversion of regional through-traffic from a failing Interstate or State Highway onto City streets creates impacts that are not within the jurisdiction of the City to control. The applicable and appropriate General Plan circulation mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Regional related circulation impacts are considered cumulatively significant because of the failure of intersections at buildout of the General Plan due to regional· through-traffic, therefore, the "Initial Study" checklist is marked "Potentially Significant Impact". This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the recent certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a "Statement Of Overriding Considerations" for circulation impacts. This "Statement Of Overriding Considerations" applies to all subsequent projects covered by the General Plan's Master EIR, including this project, therefore, no further environmental review of circulation impacts is required. 12 Rev. 03/28/96 III. EARLIER ANALYSES USED The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 2075 Las Palmas Drive, Carlsbad, California, 92009, (760) 438-1161, extension 4471. 1. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR 93-01 ), dated March 1994, City of Carlsbad Planning Department. 2. Environmental Impact Report for the Airport Business Center (EIR 81-6), WESTEC Services, Inc., dated March, i 982. LIST OF MITIGATING MEASURES OF APPLICABLE} 1. Prior to the issuance of a grading permit, the oak trees which are located in the drainage to the immediate south and west of the project shall be required to be staked and flagged in the field and posted as off-limits to construction activity. ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE} APPLICANT CONCURRENCE WITH MITIGATION MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. ~J'Ui.:,(2. act> ~e?k;"~TIJE. Signature 'Fo"2.. \-\;rJnt-lun>-.\ ~l'°IU<-l'i'--f c;~ 13 Rev. 03/28/96 PROJECT NAME: Courtyard By Marriott FILE NUMBERS: GPA 98-02/SP 181(8)/SDP 97-23/HDP 97- 20 APPROVAL DATE: ____ S""""'ep'"""te=m""""b"'""'e"-'-r-=2.._, 1"'""'9--=-9 ____ 8 _________ _ CONDITIONAL NEG. DEC.: ____________ _ The following environmental mitigation measures were incorporated into the Conditions of Approval for this project in order to mitigate identified environmental impacts to a level of insignificance. A completed and signed checklist for each mitigation measure indicates that this mitigation measure has been complied with and implemented, and fulfills the City's monitoring requirements with respect to Assembly Bill 3180 (Public Resources Code Section 21081.6). Mitigation Measure 1. Prior to the issuance of a grading permit, the oak trees which are located in the drainage to the immediate south and west of the project shall be required to be staked and flagged in the field and posted as off-limits to construction activity. Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept.= Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. MQ11itorihg Type Project Mqnitqritig. -~~QWh 9r1•: : 'Verified. •• . ~~!Tlarks D!3[iirtffl6ht ·, :i1Riafo3 1)1iplemlnt'i1Moo. . :. •: '.·." :· Planning/ Yes Engineering Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other information. RD -Appendix P. m z s :::a 0 z 3: m z _, -) i 3: ~ Q ~ 6 z 3: 0 z a 22 z Ci) 0 :::c IT' { ) ~ r en :-:I "'tJ D) (C (D -0 ..... - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 4373 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE LAND USE AND OPEN SPACE ELEMENTS OF THE GENERAL PLAN, CHANGING 0.57 ACRES OF A PROPERTY FROM OPEN SPACE TO PLANNED INDUSTRIAL AND CHANGING 0.57 ACRES OF ANOTHER PROPERTY FROM PLANNED INDUSTRIAL TO OPEN SPACE ON PROPERTIES GENERALLY LOCATED NORTH OF PALOMAR AIRPORT ROAD BETWEEN EL CAMINO REAL AND COLLEGE BOULEY ARD IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: COURTYARD BY MARRIOTT CASE NO: GPA 98-02 WHEREAS, Carlsbad H.H.G./A.P.M. Hotel Venture L.P., "Developer", has filed a verified application with the City of Carlsbad regarding properties owned by Carlsbad Airport Centre Owners Association and Thomas Hagaman Inc., "Owners", described as A portion of lot 26 of Carlsbad Tract No. CT 81-46, Unit 2, according to Map No. 11288, filed in the Office of the County Clerk on July 16, 1985 and a portion of lot 101 of Carlsbad Tract No. 85-24, Unit No. 5, according to Map No. 12815, filed in the Office of the County Clerk on May 16, 1991, all in the City of Carlsbad, County of San Diego, State of California, ("the Properties"); and WHEREAS, said verified application constitutes a request for a General Plan Amendment to exchange open space and planned industrial land use designations on the Land Use Map, as shown on Exhibit "X" dated September 2, 1998, attached, COURTYARD BY MARRIOTT, GPA 98-02, as provided in Chapter 21.52 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 2nd day of September 1998, hold a duly noticed public hearing as prescribed by law to consider said request; 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) B) That the above recitations are true and correct. That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of COURTYARD BY MARRIOTT, GPA 98- 02, exchanging open space and planned industrial land use designations for two properties, as shown on Exhibit "X", dated September 2, 1998, based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. The proposed amendment to the land use element is consistent with the goals and objectives of the various elements of the General Plan in that it assists in creating and retaining open space while still providing for an orderly balance of land uses. The proposed open space area totals 0.57 acres which is equal to, or greater than, that area depicted on the Official Open Space and Conservation Map, as shown on Exhibits "X", dated September 2, 1998, which also measures 0.57 acres. The proposed open space is of environmental quality equal to, or greater than, that depicted on the Official Open Space and Conservation Map, as shown on Exhibits "X", dated September 2, 1998, in that the proposed open space contains native habitat whereas the existing open space area in landscaped with an ornamental palette. The proposed open space, as depicted on the Official Open Space and Conservation Map, is contiguous, or within close proximity, to open space as shown on the Official Open Space Map, since there is Official Open Space and native habitat directly adjacent to the proposed open space. Conditions: 1. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the General Plan Amendment documents necessary to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development different from this approval shall require an amendment to this approval. Approval of GPA 98-02 is granted subject to approval of CUP 98-14, SP 18l(B) and HOP 97-20. PC RESO NO. 4373 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 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 2nd day of September 1998. by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: BAILEY NOBLE, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOLZMILLER Planning Director PC RESO NO. 4373 -3- Exhibit "X'" September 2, 1998 GENERAL PLAN MAP CHANGE GPA draft~ final 0 Property B Property A Project Name: Courtyard by Marriott Related Case File No(s): GPA 98-02/SP 181(6)/SOP 97-23/HDP 97-20 Property/Legal Description(s): Property A: A portion of Lot 26 of Carlsbad Tract No. CT 81-46, Unit 2, according to Map No. 11288, filed in the Office of the County Clerk on July 16, 1985, in the City of Carlsbad, County of San Diego, State of California. Property B: A portion of lot 101 of Carlsbad Tract No. CT 85-24, Unit No. 5. according to Map No. 12815, filed in the Office of the County Clerk on May 16, 1991, in the City of Carlsbad, County of San Diego, State of California. G.P. Map Designation Change Approvals Property From: To: Council Approval Date: A. Portion of 212-093-11 OS Pl Resolution No: B. Portion of 212-130-26 Pl OS Effective Date: C. Signature: D. . Attach additional pages if necessary 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 4374 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF SPECIFIC PLAN AMENDMENT NO. 181(B) TO MODIFY THE PERMIT REQUIREMENT PROVISIONS FOR HOTEL, MOTEL, THEATER AND OTHER COMMERCIAL USES WITHIN THE CARLSBAD AIRPORT CENTER SPECIFIC PLAN ON PROPERTY GENERALLY LOCATED ALONG THE NORTH SIDE OF PALOMAR AIRPORT ROAD TO THE SOUTH AND WEST OF PALO MAR AIRPORT IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: COURTYARD BY MARRIOTT CASE NO.: SP 18HB) WHEREAS, Carlsbad HHG/ APM Hotel Venture, Limited Partnership, "Developer", has filed a verified application with the City of Carlsbad regarding property owned by E. Stanley Rodi er and Carlsbad Airport Centre Owners Association, "Owner", described as A portion of Lots 26 and 28 of Carlsbad Tract 81-46, Unit No. 2, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 11288, filed in the Office of the County Recorder of San Diego County, July 16, 1985. ("the Property"); and WHEREAS, said verified application constitutes a request for a Specific Plan Amendment, to eliminate the general plan amendment requirement for hotel, motel and theater uses and the site development plan requirement for all commercial uses that are permitted within "Area 2" of the Carlsbad Airport Center Specific Plan SP 18l(A), as shown on the draft Council Ordinance Exhibit "Z" attached hereto and incorporated by this reference, COURTYARD BY MARRIOTT, SP 181 (B), as provided by SP 181 (A) and Government Code Section 65.453 and Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 2nd day of September, 1998, hold a duly noticed public hearing as prescribed by law to consider said request; 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 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 October 20, 1991, the City Council approved SP181(A), as described and conditioned in Planning Commission Resolution No. 3275 and City Council Ordinance No. NS-178. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 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 COURTYARD BY MARRIOTT, SP 181(B), according to Exhibit "Z", dated September 2, 1998, attached hereto and made a part hereof, based on the following findings and subject to the following conditions: Findings: 1. 2. 3. Any future commercial development proposed within the Carlsbad Airport Center Specific Plan shall require the approval of a Conditional Use Permit. The Conditional Use Permit (Chapter 21.42 of the Municipal Code), will continue to provide the City with adequate project review and oversight authority in that the necessary findings required for approval of a Conditional Use Permit (Section 21.42.020 of the Municipal Code) are the same findings (Section 21.06.020 of the Municipal Code) that are required for the approval of a Site Development Plan. Specifically, it would be necessary to demonstrate that the project is in compliance with the General Plan, compatible with adjacent land uses, environmentally sensitive, in compliance with the development standards of the Carlsbad Airport Center Specific Plan, and that there are adequate public facilities. The Conditional Use Permit provides the City with more project oversight and monitoring authority than a Site Development Plan. A primary Commercial Goal (A.3) of the Land Use Element of the General Plan is "A City which promotes economic development strategies, for commercial, industrial, office and tourist-oriented land uses". This proposal to delete the general plan amendment requirement for hotel, motel and theater uses from the Carlsbad Airport Center Specific Plan is an example of a strategy to promote commercial PC RESO NO. 4374 -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 4. 5. 6. 7. 8. 9. economic development by deleting duplicative and or unnecessary permit requirements. Therefore, this proposed specific plan amendment is consistent with the General Plan. 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. The proposed commercial and hotel uses 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. In the case of other similar non-residential uses, such development will be proposed, and surrounding areas are protected from any adverse effects from such development. The streets and thoroughfares proposed are suitable and adequate to carry the anticipated traffic thereon. The area surrounding the development is or can be planned and zoned in coordination and substantial compatibility with the development. Appropriate measures are proposed to mitigate any adverse environmental impact as noted in the mitigated negative declaration for the project. Conditions: 1. 2. 3. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Specific Plan Amendment document(s) necessary to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. Approval of SP 181(B) is granted subject to the approval of GPA 98-02/CUP 98-14 and HDP 97-20. If any of the foregoing 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 Specific Plan Amendment. PC RESO NO. 4374 -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 4. All of the conditions contained in City Council Ordinance No. NS-178 and Planning Commission Resolution No. 3275 are incorporated herein by reference. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 2nd day of September 1998, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: BAILEY NOBLE, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOLZMILLER Planning Director PC RESO NO. 4374 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. --- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING THE CARLSBAD AIRPORT CENTER SPECIFIC PLAN AMENDMENT (SP 18l(B)) TO MODIFY THE PERMIT REQUIREMENT PROVISIONS FOR HOTEL, MOTEL, THEATER AND OTHER COMMERCIAL USES WITHIN THE CARLSBAD AIRPORT CENTER SPECIFIC PLAN ON PROPERTY GENERALLY LOCATED ALONG THE NORTH SIDE OF PALOMAR AIRPORT ROAD TO THE SOUTH AND WEST OF PALOMAR AIRPORT IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: COURTYARD BY MARRIOTT CASE NO.: SP 18 HB) The City Council of the City of Carlsbad, California, does ordain as follows: WHEREAS, the City Council of the City of Carlsbad has reviewed and considered a Specific Plan Amendment for future development of the site; and WHEREAS, the Carlsbad Airport Center Specific Plan was adopted by City Council Ordinance No. 9635 on August 3, 1982 and constitutes the development standards and design guidelines for the development of the subject property; and WHEREAS, the Carlsbad Airport Center Specific Plan was amended (SP 18l(A)) through City Council Ordinance No. NS-178 on October 20, 1991; and WHEREAS, after procedures in accordance with requirements of law, the City Council has determined that the public interest indicates that said plan amendment be approved. NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as follows: SECTION 1: That the Carlsbad Airport Center Specific Plan, as amended to date, and further amended by the Carlsbad Airport Center Specific Plan Amendment 181(B), dated September 2, 1998, attached herein and incorporated by reference herein, is approved. The amended Specific Plan shall provide the development standards and design guidelines for the I 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 - development of the subject property and all development of the property shall conform to the plan. SECTION 2: That the findings and conditions of the Planning Commission in Planning Commission Resolution No. 4374 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 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 -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 fifteen days after its adoption. (Not withstanding the preceding, this ordinance shall not be effective within the City's Coastal Zone until approved by the California Coastal Commission.) INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the ___ day of _____ 1998, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the __ day of _____ 1998, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) -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 PLANNING COMMISSION RESOLUTION NO. 4375 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO DEVELOP A 145 ROOM HOTEL AND ASSOCIATED PARKING AND RECREATIONAL AMENITIES ON PROPERTY GENERALLY LOCATED ALONG THE SOUTH SIDE OF OWENS AVENUE TO THE NORTH OF PALOMAR AIRPORT ROAD AND EAST OF CAMINO VIDA ROBLE IN LOCAL FACILITIES MANAGEMENT ZONE 5 CASE NAME: COURTYARD BY MARRIOTT CASE NO.: CUP 98-14 WHEREAS, Carlsbad HHG/APM Hotel Venture, Limited Partnership, "Developer", has filed a verified application with the City of Carlsbad regarding property owned by E. Stanley Rodier and Carlsbad Airport Centre Owners Association, "Owner", described as A portion of Lots 26 and 28 of Carlsbad Tract 81-46, Unit No. 2, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 11288, filed in the Office of the County Recorder of San Diego County, July 16, 1985. ("the Property"); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit as shown on Exhibits "A" -"L", dated September 2, 1998, on file in the Planning Department, COURTYARD BY MARRIOTT, CUP 98-14, as provided by Chapter 21.42 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 2nd day of September , 1998, 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 Conditional Use Permit. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Planning Commission APPROVES COURTYARD BY MARRIOTT, CUP 98-14, based on the following findings and subject to the following conditions: Findines: 2. 3. That the requested use is properly related to the site, surroundings and environmental settings, is consistent with the various elements and objectives of the General Plan, will not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that: a) the Carlsbad Airport Centre Specific Plan (CACSP) implements the underlying Planned Industrial General Plan designation and a hotel project at this site is permitted by the Carlsbad Airport Center Specific Plan, b) the hotel complies with all of the development and design standards of the CACSP, c) the proposed hotel will support the surrounding office/industrial uses in that it will provide nearby lodging for clients and visitors of the businesses located within the CACSP and surrounding business parks, d) the project is compatible in design, scale and height with surrounding industrial/office uses, and e) the hotel use will generate fewer average daily trips (-446 ADT) than anticipated by the General Plan. That the site for the intended use is adequate in size and shape to accommodate the use, in that: a) the project complies with all applicable development standards of the Carlsbad Airport Center Specific Plan, the P-M zone and the Carlsbad Municipal Code, b) building coverage (16.6%) is well below the maximum permitted 50% coverage and c) project landscaping (37%) exceeds the minimum 15% required. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that: a) the project as designed is in compliance with all applicable design and development standards of the Carlsbad Airport Center Specific Plan and the P-M zone, b) aesthetic appeal and architectural interest is provided by the hotel structure's U-shaped design surrounding a landscaped courtyard in addition to the extensive facade relief (balconies, and varied wall planes and roof parapets) and building materials (stucco covered concrete masonry, stone tile and wood trim) incorporated into the structure, c) the hotel's parking, retaining walls and loading areas will be adequately screened from views from Palomar Airport Road by perimeter and parking lot landscaping and from Owens A venue by perimeter landscaping and due to the fact that the site is up to 30 feet below the grade of Owens A venue, and d) access to the site will be provided by a PC RESO NO. 4375 -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 4. 5. 6. 7. shared driveway onto Owens A venue, thereby reducing the number of driveways along this roadway. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the street system will operate at acceptable levels of service since the ADT generated by this project (1,305 ADT) is well below the projected ADT (1,751 ADT) analyzed by the General Plan MEIR 93-01. The Planning Commission finds that the project, as conditioned herein for CUP 98-14, is in conformance with the Elements of the City's General Plan, based on the following: a. b. C. d. e. f. Land Use -The project site has a Planned Industrial (Pl) General Plan designation and the Land Use Element of the General Plan (Land Use Element Industrial Policy C.9) allows by conditional use permit ancillary commercial uses (including hotels) within Planned Industrial (Pl) designated areas when they are oriented to support industrial developments and their populations. The proposed hotel is consistent with the Land Use Element of the General Plan in that it is located within the Carlsbad Airport Center industrial park and it's primary purpose is to provide lodging for clients and visiton to the businesses within the Carlsbad Airport Center. Circulation -The project will provide sidewalk improvements to Owens Avenue. Noise -Temporary construction activities would be required to comply with the City's Construction Noise Ordinance and the project would comply with the noise guidelines. Housing -The project is conditioned to pay a non-residential affordable housing impact linkage fee if adopted by City Council. Open Space and Conservation -The project has been designed to not encroach into the adjacent oak trees. Public Safety All buildings would comply with UBC and state seismic codes. The project has been conditioned to ensure the building permits will not be issued for the project unless the District Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the District Engineer is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. Statutory School fees will be paid to ensure the availability of school facilities in the Carlsbad School District. PC RESO NO. 4375 -3- 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 8. 9. 10. 11. 12. 13. 14. 15. 16. Park-in-lieu fees are required as a condition of approval. All necessary public improvements have been provided or are required as conditions of approval. The developer has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 5. 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. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the McClellan-Palomar Airport, dated April 1994, in that, i.e. as conditioned the applicant shall record a notice concerning aircraft noise. The project is compatible with the projected noise levels of the CLUP; and, based on the noise/land use compatibility matrix of the CLUP, the proposed land use is compatible with the airport, in that hotel uses are conditionally compatible with noise environments of up to 70 dBA CNEL and the project falls within the 65 CNEL noise contour. That the project is consistent with the City's Landscape Manual, adopted by City Council Resolution No. 90-384. 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: Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Conditional Use Permit document(s) necessary to make them internally consistent and in conformity with final action on the project. Development PC RESO NO. 4375 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. 3. 4. 5. 6. 7. 8. - shall occur substantially as shown in the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. This Conditional Use Permit is granted. This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis 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 and welfare. If the Planning Director determines that the use has such substantial negative effects, the Planning Director shall recommend that the Planning Commission, after providing the permittee the opportunity to be heard, add additional conditions to reduce or eliminate the substantial negative effects. 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. The Developer shall report, in writing, to the Planning Director within 30 days, any address change from that which is shown on the conditional use permit application. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 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 Conditional Use 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. The Developer shall provide the City with a reproducible 24" x 36" mylar copy of the Site Plan as approved by the final decision making body. The Site Plan shall reflect the conditions of approval by the City. The Plan copy shall be submitted to the City Engineer and approved prior to building, grading, final map, or improvement plan submittal, whichever occurs first. The Developer shall include, as part of the plans submitted for any permit plan check, a reduced legible version of the approving resolutions on a 24" x 36" blueline drawing. Said blueline drawing(s) shall also include a copy of any applicable Coastal Development Permit and signed approved site plan. Building permits will not be issued for development of the subject property unless the District Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. PC RESO NO. 4375 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. 10. 11. 12. 13. 14. 15. The Developer shall pay the public facilities fee adopted by the City Council on July 28, 1987, (amended July 2, 1991) and as amended from time to time, and any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or Facilities and Improvement Plan and to fulfill the subdivider' s agreement to pay the public facilities fee dated October 1, 1997, a copy of which is on file with the City Clerk and is incorporated by this reference. If the fees are not paid, this application will not be consistent with the General Plan and approval for this project will be void. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 5 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. The Developer shall provide proof of payment of statutory school fees to mitigate conditions of overcrowding as part of the building permit application. The amount of these fees shall be determined by the fee schedule in effect at the time of building permit application. 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 residential housing 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. Approval of CUP 98-14 is granted subject to the approval of GPA 98-02/SP 181(B) and HDP 97-20. CUP 98-14 is subject to all conditions contained in Planning Commission Resolution No. 4372 for the Mitigated Negative Declaration. Prior to the issuance of the Building Permit, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Conditional Use Permit and Hillside Development Permit by Resolutions No. 4375 and 4376 on the real property owned by the Developer. 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 Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. Trash receptacle areas shall be enclosed by a minimum six-foot high masonry wall with gates pursuant to City standards. Location of said receptacles shall be approved by the Planning Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director. PC RESO NO. 4375 -6- 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 16. 17. 18. 19. 20. 21. 22. 23. 24. An exterior lighting plan including parking areas shall be submitted for Planning Director approval. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. In such instance a storage plan will be submitted for approval by the Fire Chief and the Planning Director. The Developer shall prepare a detailed landscape and irrigation plan in conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. The plans shall be submitted to and approval obtained from the Planning Director prior to the approval of the final map, grading permit, or building permit, whichever occurs first. The Developer shall construct and install all landscaping as shown on the approved plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. The first submittal of detailed landscape and irrigation plans shall be accompanied by the project's building, improvement, and grading plans. The Developer shall submit and obtain Planning Director approval of a uniform sign program for this development prior to occupancy of any building. Building identification and/or addresses shall be placed on all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast to their background color. The 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 Planning Director. Said facilities, if required, shall at a minimum include a bench, free from advertising, and a pole for the bus stop sign. The bench and pole shall be designed to enhance or consistent with basic architectural theme of the project. The Developer shall implement, or cause the implementation of, the Courtyard By Marriott Project Mitigation Monitoring and Reporting Program. The Developer is aware that the City is preparing a non-residential housing impact fee (linkage fee) consistent with Program 4.1 of the Housing Element. The applicant is further aware that the City may determine that certain non-residential projects may have to pay a linkage fee, in order to be found consistent with the Housing Element of the General Plan. If a linkage fee is established by City Council ordinance and/or resolution and this project becomes subject to a linkage fee pursuant to said ordinance and/or resolution, then the Developer, or his/her/their successor(s) in interest shall pay the linkage fee. The linkage fee shall be paid at the time of issuance of building permits, except for projects involving a request for a non-residential planned development for an existing development, in which case, the fee shall be paid on approval of the final map, parcel map or certificate of compliance, required to process the non-residential PUD, PC RESO NO. 4375 -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 25. 26. 27. 28. whichever pertains. If linkage fees are required for this project, and they are not paid, this project will not be consistent with the General Plan and approval for this project will become null and void. Prior to the issuance of building permits, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). This project shall comply with all conditions and mitigation measures which are required as part of the approved Courtyard By Marriott Mitigated Negative Declaration, and HDP 97-20 as contained in Planning Commission Resolutions No. 4372 and 4376. Prior to the issuance of a certificate of occupancy, additional landscaping shall be incorporated into the project to fully screen the parking lot from views from Palomar Airport Road subject to the approval of the Planning Director. This approval shall become null and void if building permits are not issued for this project within two (2) years from the date of project approval. Engineering: Note: Unless specifically stated in the condition, all of the following engineering conditions shall be met prior to the approval of, or issuance of grading or building permits whichever occurs first. Fees/Agreements: 29. 30. Prior to the issuance of building or grading permits an adjustment plat and proper easement documents shall be executed and recorded as required to merge existing property lines and to adjust or allow the development of the project's parking lot upon the existing open space lot No. 26 of CT 81-46 Unit #2. Prior to issuance of any building permit, the developer shall comply with the requirements of the City's anti-graffiti program for wall treatments if and when such a program is formerly established by the City. 31. The developer shall pay all current fees and deposits required. 32. 33. The owner of the subject property shall execute an agreement holding the City harmless regarding drainage across the adjacent property. The owner shall execute a hold harmless agreement for geologic failure. PC RESO NO. 4375 -8- 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 34. The developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit. The developer shall provide best management practices as referenced in the "California Storm Water Best Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be approved by the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: A. B. C All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. Gradinz:: 35. 36. 37. 38. No grading shall occur outside the boundary of this project unless a grading or slope easement is obtained from the owners of the affected properties. If the applicant is unable the grading or slope easement, no grading permit will be issued. In that case the applicant must either amend the site plan so grading will not occur outside the project site in a manner which substantially conforms to the approved project as determined by the City Engineer and Planning Director. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a grading permit for this project is required. (The developer must submit and receive approval for grading plans in accordance with city codes and standards prior to issuance of a building permit for the project.) Prior to hauling dirt or construction materials to or from the site, the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. The developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with the Carlsbad Municipal Code and the City Engineer. PC RESO NO. 4375 -9- 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 Dedication/Improvements 39. Plans, specifications and supporting documents for all improvements shall be prepared to the satisfaction of the City Engineer. The developer shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the site plan and the following improvements to City Standards to the satisfaction of the City Engineer: 40. Fire: 41. 42. 43. 44. 45. 46. 47. • Construction of sidewalk along Owens Ave. from site driveway to existing terminus in cul-de-sac. • Modification/reconstruction and structural improvements to the existing 42" storm drain from Owens Ave. to the existing energy dissipater, outlet. Proof of dedication to adjacent properties that use the above mentioned 42" storm drain shall be submitted to the City Engineer prior to issuance • of grading or building permits for this project. Prior to the issuance of building permits, complete building plans shall be approved by the Fire Department Additional on-site public water mains and fire hydrants are required. Applicant shall submit a site plan to the Fire Department for approval, which depicts location of required, proposed and existing public water mains and fire hydrants. The plan should include off-site hydrants within 200 feet of the project. Applicant shall submit a site plan depicting emergency access routes, driveways and traffic circulation for Fire Department approval. An all weather, unobstructed access road suitable for emergency service vehicles shall be provided and maintained during construction. When in the opinion of the Fire Chief, the access road has become unserviceable due to inclement weather or other reasons, he may, in the interest of public safety, require that construction operations cease until the condition is corrected. All required water mains, fire hydrants and appurtenances shall be operational before combustible building materials are located on the construction site. Prior to final inspection, all security gate systems controlling vehicular access shall be equipped with a "Knox", key-operated emergency entry device. Applicant shall contact the Fire Prevention Bureau for specifications and approvals prior to installation. PC RESO NO. 4375 -10- 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 48. 49. 50. Prior to building occupancy, private roads and driveways which serve as required access for emergency service vehicles shall be posted as fire lanes in accordance with the requirements of section 17 .04.020 of the Carlsbad Municipal Code. Plans and/or specifications for fire alarm systems, fire hydrants, automatic fire sprinkler systems and other fire protection systems shall be submitted to the Fire Department for approval prior to construction. An approved automatic fire sprinkler system shall be installed in building having an aggregate floor area exceeding 10,000 square feet. 51. Sequentially, the Developers Engineer shall do the following: 52. 53. Water: 54. A. Meet with the City Fire Marshal and establish the fire protection requirements. Also obtain GPM demand for domestic and irrigational needs from appropriate parties. B. Prepare a colored reclaimed water use area map and submit to the Planning Department for processing and approval. C. Prior to the preparation of sewer, water and reclaimed water improvement plans, a meeting must be scheduled with the District Engineer for review, comment and approval of the preliminary system layouts and usages (i.e. -GPM -EDU). This project is approved upon the expressed condition that building permits will not be issued for development of the subject property unless the water district serving the development determines that adequate water service and sewer facilities are available at the time of application for such water service and sewer permits will continue to be available until time of occupancy. Submit all irrigation plans to the City's Planning Department. The Developer shall be responsible for all fees, deposits and charges which will be collected before and/or at the time of issuance of the building permit. The San Diego County Water Authority capacity charge will be collected at issuance of application for meter installation. General: PC RESO NO. 4375 -11- 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 55. If any of the foregoing 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 Site Development Plan. Code Reminders: 56. 57. 58. 59. 60. 61. The Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. Approval of this request 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. The project shall comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Building Code. All roof appurtenances, 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 Development and Planning. All landscape and irrigation plans shall be prepared to conform with the Landscape Manual and submitted per the landscape plan check procedures on file in the Planning Department. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and the Carlsbad Airport Center Specific Plan and shall require review and approval of the Planning Director prior to installation of such signs. 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 September 2, 1998, 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 PC RESO NO. 4375 -12- 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 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 the 2nd day of September 1998, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: BAILEY NOBLE, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOLZMILLER Planning Director PC RESO NO. 4375 -13- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 4376 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A HILLSIDE DEVELOPMENT PERMIT ON PROPERTY GENERALLY LOCATED ALONG THE SOUTH SIDE OF OWENS AVENUE TO THE NORTH OF PALOMAR AIRPORT AND EAST OF CAMINO VIDA ROBLE IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: COURTYARD BY MARRIOTT CASE NO: HDP 97-20 WHEREAS, Carlsbad HHG/APM Hotel Venture, Limited Partnership, "Developer", has filed a verified application with the City of Carlsbad regarding property owned by y E. Stanley Rodier and Carlsbad Airport Center Owners Association, "Owner", described as A portion of Lots 26 and 28 of Carlsbad Tract 81-46, Unit No. 2, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 11288, filed in the Office of the County Recorder of San Diego County, July 16, 1985. ("the Property"); and WHEREAS, said verified application constitutes a request for a Hillside Development Permit as shown on Exhibit(s) "A" -"L" dated, September 2, 1998, on file in the Carlsbad Planning Department, COURTYARD BY MARRIOTT, HDP 97-20, as provided by Chapter 21.95 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 2nd day of September, 1998, consider said request; and WHEREAS, at said 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 Hillside Development Permit; 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 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission APPROVES COURTYARD BY MARRIOTT, HDP 97-20, based on the following fmdings and subject to the following conditions: Fin dines: 2. 3. There are no undevelopable areas on the project site; That the development proposal is consistent with the Purpose and Intent provisions of Section 21.95.010 of the Hillside Ordinance, Chapter 21.95, as follows: A. B. C. Project hillside conditions have been properly identified on the constraints map, Exhibit "H", dated September 2, 1998, which shows existing and proposed conditions and slope percentages; The project has been designed to relate to the slope of the land, to minimize the amount of grading, and to incorporate contour grading into manufactured slopes which are located in highly visible public locations in that the project site has been previously mass graded and the minimal grading that is proposed will include permitted retaining wall encroachment into existing manufactured slopes, project grading volumes of 3,208 cu yds/acre are in the acceptable range, and due to the fact that the existing manufactured slopes are not greater than 20 feet in height and 200 feet in length, they do not require contour grading; The project has been designed in an environmentally sensitive manner whereby lagoons and riparian ecosystems are protected from increased erosion and no substantial impacts to natural resource areas, wildlife habitats or native vegetation will occur in that there are no natural resource areas, wildlife habitats or native vegetation in proximity to the project and the project has been conditioned to comply with City grading and erosion control standards to reduce erosion. The project complies with the Hillside Development and Design Standards included in Section 21.95.120 of the Hillside Ordinance in that the project will encroach the maximum permitted 6 vertical feet into existing 50% gradient downhill and uphill manufactured slopes, the project grading volume (3,208 cu yds/acre) is acceptable, the maximum manufactured slope height is 20 feet, no manufactured slopes of greater than 20' in height and 200' in length are proposed, the proposed hotel PC RESO NO. 4376 I 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 4. building is setback from the southern manufactured slope edge a minimum of 60 feet, and the south facing manufactured slopes will be landscaped consistent with the City's Landscape Manual. That the project design substantially conforms to the Hillside Development Guidelines Manual, in that the proposed grading design will modify the existing on-site manufactured slopes, yet preserve their general character. Conditions: 2. 3. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Hillside Development Permit document(s) necessary to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. Approval ofHDP 97-20 is granted subject to the approval of GPA 98-02/SP 181(B) and SDP 97-23. HDP 97-20 is subject to all conditions contained in Planning Commission Resolution No. 4375 for the Conditional Use Permit (CUP 98-14). If any of the foregoing 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 Hillside Development Permit. 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 September 2, 1998, 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. PC RESO NO. 4376 -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 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 the 2nd day of September 1998, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: BAILEY NOBLE, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOLZMILLER Planning Director PC RESO NO. 4376 -4- PALOMAR AIRPORT COURTYARD BY MARRIOTT GPA 98-02/SP 181 (B)/ CUP 98-14/HDP 97-20 BACKGROUND DATA SHEET CASE NO: GPA 98-02/SP 181(B)ICUP 98-14/HDP 97-20 CASE NAME: COURTYARD BY MARRIOTT APPLICANT: Carlsbad H.H.G./A.P.M. Hotel Venture L.P. REQUEST AND LOCATION: General Plan Amendment, Specific Plan Amendment, Site Development Plan and Hillside Development Permit to develop a 145 room hotel on a 3.74 acre property located north of Palomar Airport Road, east of Camino Vida Roble along the south side of Owens A venue within the Carlsbad Airport Center Specific Plan. LEGAL DESCRIPTION: A portion of Lots 26 and 28 of Carlsbad Tract 81-46, Unit No. 2, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 11288, filed in the Office of the County Recorder of San Diego County, July 16, 1985. APN: 212-093-09, 212-093-11 Acres: 3.74 Proposed No. of Lots/Units: 145 hotel rooms GENERAL PLAN AND ZONING Land Use Designation: =P-lann=e_d_I=n-d-us_tn-·~al-<P ......... n~---------------- Density Allowed: NIA Density Proposed: N~/A""'------------- Existing Zone: Planned Industrial (PM) Proposed Zone: .::..P=M=------------- Surrounding Zoning and Land Use: (See attached for information on Carlsbad's Zoning Requirements) Zoning Land Use Site P-M Vacant North P-M Industrial South P-M Open Space East P-M Vacant West P-M Office PUBLIC FACILITIES School District: CUSD Water District: CMWD Sewer District: Carlsbad ~-~-------- Equivalent Dwelling Units (Sewer Capacity): _87_E_D_U ______________ _ Public Facilities Fee Agreement, dated: ~O~ct~o~b"""er~l __ 1 ___ 9 ___ 9 ___ 7 _____________ _ ENVIRONMENT AL IMPACT ASSESSMENT [g] Negative Declaration, issued _Ju ___ ly .......... 2 ___ 7,~1~9~9~8 _______________ _ D Certified Environmental Impact Report, dated ______________ _ D Other, ________________________ _ CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMP ACT ASSESSMENT: FILE NAME AND NO: Courtyard By Marriott GPA 98-02ISP 18HB)ICUP 98-14/HDP 97-20 LOCAL FACILITY MANAGEMENT ZONE: l GENERAL PLAN: "'"'PI.__ _____ _ ZONING: "'""PM~------------------------- DEVELOPER'S NAME: Carlsbad H.H.G./A.P.M. Hotel Venture L.P. ADDRESS: 4441 W. Airport Fwy., Irving, Texas, 75062 PHONE NO.: 972-659-0259 ASSESSOR'S PARCEL NO.: 212-093-09. 212-093-11 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 79.127 sg.ft./145 guest rooms ESTIMATED COMPLETION DATE: ________________ _ A. B. C. D. E. F. G. H. I. J. K. City Administrative Facilities: Demand in Square Footage = Library: Demand in Square Footage = Wastewater Treatment Capacity (Calculate with J. Sewer) Park: Demand in Acreage = Drainage: Demand in CFS = Identify Drainage Basin = (Identify master plan facilities on site plan) Circulation: Demand in ADT = (Identify Trip Distribution on site plan) NIA NIA 87EDU $.40lsg. ft. Encinas Canyon 1 305 Fire: Served by Fire Station No. = .:::..5 _____ _ Open Space: Schools: Acreage Provided= =-N=IA""'------- Carlsbad (Demands to be determined by staff) Sewer: Demands in EDU Identify Sub Basin = (Identify trunk line(s) impacted on site plan) Water: Demand in GPD = 87 19 333 L. The project is NI A units the Growth Management Dwelling unit allowance. City of Carlsbad ■ 4fii,i,i i,i-i•l4·Ei ,; ,,f§,il DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information must be disclosed: 1. 2. 3. 4. OWNER List the names and addresses of all persons having any ownership interest in the property involved. ~ ~2c..~::Z:- tt?/f7/IJ-4/, 6#/-7v 7"2i?l-~.e.-t./,.-?tJ#J £..7o Et ~,111'Y~~71?,k~n>~------------ {l IUrfr/iA-IJ1 eP 1 c)-£l~tr If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. fr//; ff $ /4Ea J-ke7lft ,,4.,v .d ,C '-t,5 L/tft/1_ tp. k//ij7/;e,v /2,41 //Y-~I a! 47/<1/?/'Zr /4?-' _::;;;z,J/ _1 /Y&'; _,.:;y 7()~(, z_ ~//Y6,Z;k '7.~6 2, ? I If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust. 2075 Las Palmas Or. • Carlsbad. CA 92009-1576• (619) 438-1161 • FAX (619) 438-0894 5. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? 0 Yes ~o If yes, please indicate personls): __________ _ Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." NOTE: Attach additional sheets if necessary. ,15'". fr1111vl.G°t-/<l)/)1~;:'Jl. ~ Print or type nam; of owner Disclosure Statement 1 0/96 ~>~~.v //J/cA:m /£71, J/~rv~,~i/? ~ fo;, Print or t Page 2 of 2 City of Carlsbad ■461,ihhi·l•l§•Sili,,t§,ii DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The foJlowing infonnation MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, fmn, co-par1nersbip, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and.entity of· the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership. include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE TI-IAN 10% OF TIIB SHARES, PLEASE INDICATE NON- APPLICABLE (NIA) IN TIIB 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_-'S=E=E=-:.::A:.:.TT.:.::A..:.:C=H=E=-D ____ _ Title -------------Address ___________ _ 2. OWNER (Not the owner's agent) Corp/Part W9/LNP Real Estate Limited PartnershiJl Title ----------------Address _____________ _ Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership. include the names, title, addresses of all individuals owning more than I 0% of the shares. IF NO INDIVIDUALS OWN MORE THAN I 0% 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 SEE ATTACHED Corp/Part 119/LNP Real Estate Li■ited Partnershi Title --------------Title ______________ _ Address ___________ _ Address _____________ _ 2075 Las Palmas Dr.• Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-0894 I 3. NON-PROFIT ORbANIZA TION OR TRUST If any person identified pursuant to (I) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/frost ________ _ NonProfit/fru~. __________ _ Title ____________ _ Title. ______________ _ Address ___________ _ Address _____________ _ 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes D No If yes, please indicate person(s):. _____________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Signature of owner/date Print or type name of owner Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Signature of applicant/date Print or type name of applicant 119/LNP REAL ESTATE LIMITED PARTNERSHIP, a Delaware limited partnership By: LNP Ge De Page 2 of 2 ta SECRETARY OF STATE CERTIFICATE OF STATUS FOREIGN LIMITED PARTNERSHIP I, BILL JONES, Secretary of State of the State of California, hereby certify: That on the 1st day of January, 1998, W9/LNP REAL ESTATE LIMITED PARTNERSHIP, complied with the requirements of California law in effect on that date for the purpose of registering to transact intrastate business in the State of California; and further purports to be a limited partnership organized and existing under the laws of the State of Delaware as W9/LNP REAL ESTATE LIMITED PARTNERSHIP, and; That no record exists in this office of a certificate of cancellation of said limited partnership nor of a court order declaring cancellation thereof; and That the above limited partnership is entitled to transact intrastate business in the State of California as of the date of this certificate subject, however, to any licensing requirements otherwise imposed by the laws of this state; and That no information is available in this office on the financial condition, business activity or practices of this limited partnership. NP-24 A (Rev, 1-96) IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this 10th day of August, 1998 BILL JONES Secretary of State 98 38011 ~~,? ~ ,j .• SECRETARY OF STATE CERTIFICATE OF STATUS FOREIGN CORPORATION I, BILL JONES, Secretary of State of the State of California, hereby certify: That on the ___ 1 s_t ___ day of _____ J_a_nu_a_ry ________ 19 98 W9/LNP GEN-PAR, INC. a corporation organized and existing under the laws of ___ D_e_l_aw_a_re ___ _ complied with the requirements of California law in effect on that date for the purpose of qualifying to transact intrastate business in this State,· and That the above corporation is entitled to transact intrastate business in the State of California as of the date of this certificate, however, subject to any licensing requirements otherwise imposed by the laws of this State; and That no information is available in this office on the financial condition, business activity or practices of this corporation. IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this 7th day of August, 1998 97 357CM State of Delaware PAGE 1 Office fJf the Secretary of State I, EDWARD J. FREEL, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF LIMITED PARTNERSHIP OF "W9/LNP REAL ESTATE LIMITED PARTNERSHIP", FILED IN THIS OFFICE ON THE SECOND DAY OF DECEMBER, A.O. 1997, AT 12:01 O'CLOCK P.M. 2827564 8100 971409243 Edward J. Freel, SecretanJ of State AUTHENTICATION: DATE: 8785290 12-02-97 S&C 125 BD STJJ CERTIFICATE OP LIMITED PAR.TNBRSRIP OP W9/LNP REAL ESTATE LIMITED PllTNERSHIP This Certificate of Limited Partnership of W~/LNP ~Real Estate Limited Partnership (the "Partnership"), dated as of D~cember 2, J.997, is being duly executed and filed by W9/LNP Gen-Par, Inc., a Delaware corporation, as general partner, to form a limited partnership under the Delaware Revised Uniform Limited Partnership Act (6 J:2&l. t. § 17-101, §.t. .5Ja.Cl . ) . 1. liim,e.. The name of the limited partnership formed hereby is W9/LNP Real Estate Limited Partnership. 2. &esiste~ed Office. The address of the registered office of the Partnership in the State of. Delaware is c/o The Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, New Castle County, Delaware 19801. 3. Registehed Ageut_. The name and address of the registered agent for service of process on the Partnership in the State of Delaware is The Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, New Castle County, Delaware 1980 I. 4. Goneral Eartne •. The name and business address of the sole general partner of the Partnership are W9/LNP Gen•Far, Inc., 85 Broad Street, New York, New York. 10004. IN WITNESS WHEREOF, the undersigned has executed this Certificate of Limited Partnership as of the date fi=st above written. W9/LNP GEN-PAR., INC, a Delaware corporation, as General Partner By: ls/Elizabeth A, O'Brien Name: Elizabeth A. O'Brien Title: Vice President ~ 00,l - Stm.e of Delaware PAGE l Office of the Secretary of State !,_EDWARD J. FREEL, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF INCORPORATION OF "W9/LNP GEN-PAR, I~C.", FILED IN THIS OFFICE ON THE SECOND DAY OF DECEMBER, A.O. 1997, AT 12 O'CLOCK P.M. 2827487 8100 971409240 Edward J. Freel, SecretanJ of State AUTHENTICATION: DATE: 8785278 12-02-97 FIRST: l?ar, Ino. CERTIFICATE OF INCORPOJtATION OF W9/LNP GD-P.U, INC. The name of the corporation is W9/LNP Gen- SECOND: The address of the corporation's registered office in the State of Delaware is Corporation Trust Center, 1209 Orange Street in the City of Wilmington, County of New Castle. The name of its registered agent at such address is The Cort=•oration Trust Company. THIRD: The purpose of the corporation is to engage in any lawful act or activity for which corporations may be organized under the General Corporation Law of Delaware. FOURTH: The total number of shares which the corporation shall have authority to issue is 2,000 shares of Common Stock, and thr3 par value of ei!lch of such shares is $1. 00. FIFTH: The nume and mailing address of the incorporator is Lisa E. Carmichael, 125 Srcad Street, New York, New York 10004. SIXTH: The Board of Directors of the corporation is expressly authorized to adopt, amend or repeal by-laws of the corp,:,ration. SEVENTH: Elections of directors need not be by written ballot except and to the extent provided in the by-laws of the corp,,ration. EIGHTH: Any djreetor or the entire board of directors may be rP.moved, with or without cause, by the holders of a majority of the shar~s at the time entitled to vote at an election of directors. NINTH: A director of the corporation shall not be liable to the corporation or its stockholders for monetary damages for breach of fiduciary duty as a director, except to the extent that such exemption from liability or limitation thereof is not permitted under the Del~ware General Corporation Law as currently in effect or as the :same may hereafter be amended. No amendment, modification NYJ2525; 179414.J or repeal of this Article NINTH shall adversely effect a~y right or protection of a director that exists at the time of such ame?ndment, modifieation or repeal. IN WITNESS WHEREOF, I have signed this certificate of incoi·poration this 2nd day of December 1997. A~;, Cw.4:0 L ~!A (2_ ~; E. Carmichael Incorporator NYl2525· 119484 . .1 AUG-17-98 03:36PM FROM-LINCOLN PROPERTIES 650-572-9527 T-756 P 02 F-791 • UNANIMOUS CONSENT IN LIEU OF FIRST MEETING OF THE BOARD OF DIRECTORS OF W9/LNP GEN-PAR, INC. The undersigned, being the sole director of W9/LNP Gen-Par, Inc., a Delaware corporation (the "Corporat.ion11 ) , does hereby consent to the adoption of and hereby adopts the following resolutions and directs that this consent be filed with the minutes of the proceedings of the Board of Directors: RESOLVED, that until otherwise determined by resolu- tion of the Board of Directors, the number of members of the Board of Directors shall be one. FURTHER RESOLVED, that until otherwise determined by resolution of the Board of Directors, annual meetings of stockholders shall be held for the election of directors at 10:00 o'clock A.M. on the last Friday of November in each year (or, if such day is a legal holiday, then on the next succeeding business day not a legal holiday} at the principal office of the Corporation at 101 Lincoln Centre Drive, Foster City, California 94404 or at such othe= place as may be designated by resolution of the Board of Directors from time to time. FURTHER RESOLVED, that the following persons are hereby elected to hold the offices of the Corporation set forth opposite their respective names until their respec- tive successors are elected and qualified or until their earlier resignation or removal: Daniel M. Neidich Michael K. Klingher Kevin D. Naughton Ralph F; Rosenberg Stuart M. Rothenberg David M. Weil Edward M. Siskind Elizabeth A. O1Brien NYl2S3J: 679312 President Vice President Vice President, Secretary and Treasurer Vice President and Assistant Secretary Vice President Vice President Vice President and Assistant Treasurer Vice President and Assistant Secretary AUG-17-98 03:37PU FROU-LINCOlN PROPERTIES Alan S. Kava Todd A. Williams Paul J. Meyer Erik M. Hansen Edgar M. Thrift, Jr. Barry DiRaimundo Gary J. Rossi 650-572-9527 T-756 P.03 Vice President Vice President, F-791 Assistant Treasurer ar.d Assistant Secretary Vice President Vice President Vice President Vice President Vice President FURTHER RESOLVED, that until otherwise determined by the Board of Directors, the fiscal year of the Corpora- tion shall be the period of twelve calendar months ending on the last Friday in November in each yea=. FURTHER RESOLVED, that the form of seal bearing the words and figures "W9/LNP Gen-Par, Inc., corporate seal, 1997 Delaware" is hereby approved and adopted as and for the corporate seal of the Corporation. FURTHER RESOLVED, that the form of certificate for the Corporation's Common Stock, par value $1. 00 per share, attached to this consent as Annex A, is hereby adopted as the certificate to represent fully paid and non-assessable shares of the Common Stock cf the Corporation. FURTHER RESOLVED, that for the purpose of authori- zir.g the Corporation to do buai~ass under the laws o: a~y state, territory or possession of the United States or of any other foreign country in which it is necessary or convenient for the Corporation to transact business, the proper officers of the Corporation are hereby authorized in the name and on behalf of the Corporation to take such action as may be necessary or advisable to effect the qualification of the Corporation to do business as a foreign corporation in any of such states, territories, possessions or foreign countries and in connection therewith to appoint and substitute all necessary agents or attorneys for service of process, to designate or change the location of all necessary statutory offices, and to execute, acknowledge, verify, deliver, file or cause to be published any necessary applications, papers, certificates, reports, consents to service of process, powers of attorney and other instruments as may be required by any of such laws, and, whenever it is expe- dient for the Corporation to cease doing business and withdraw from any such state, territory, possession or foreign country, to revoke any appointment of agent or attorney for service of process and to file such appli- cations, papers, certificates, reports, revocation of NYl253J: 67931.2 -2- AUG-17-98 03:37PM FROM-LINCOLN PROPERTIES 650-572-9527 T-756 P 04 F-791 - appointment or surrender of authority as may be necessary to terminate the authority of t.he Corporation to do business in any such state, territory, possession or foreign country. FURTHER RESOLVED, that an office of the Corporation be established and maintained at 101 Lincoln Cer.tre Drive, Foster City, California 94404. FURTHER RESOLVED, that the Corporation is hereby authorized to issue and sell 1000 shares of the Common Stock, par value ~1.00 per share, of the Corporation to Lincoln-Whitehall Realty {West) IV, L.L.C. or its nominee at a purchase price to be determined by any officer the Corporation. FURTHER RESOLVED, that · any officer of the Corporation is hereby authorized to execute and deliver to Lincoln-Whitehall Realty (West) IV, L.L.C. or its nominee shares representing 1000 fully paid and nonassessable shares of Common Stock of the Corporation against receipt of the purchase price therefor. FURTHER RESOLVED, that the sum received in payment for the foregoing shares is hereby declared part of the capital of the Corporation. FURTHER RESOLVED, that the Secretary of the Corporation is hereby authorized and directed to procure all corporate books, books of account and stock books which may be required by the laws of Delaware or of any State in which the Corporation may do business or which may be necessary or appropriate in connection with the business of the corporation. FURTHER RESOLVED, that the Treasurer of the Corpora- tion is hereby authorized to pay all charges and expenses incidental to or arising out of the organization of the Corporation and to reimburse any person who bas made any disbursement therefor. FURTHER RESOLVED, that any officer of the Corporation is hereby authorized to execute and deliver (and file where necessary) an agreement of limited partnership, a certificate of limited partnership, each in a form that such officer, with the advice of counsel, deems appropriate, and any and all amendments thereto or restatements thereof and any and all additional documents necessary or appropriate to organize the Partnership as a Delaware limited partnership. ~Yl25J3: 67931.2 -3- AUC-17-99 03:39PM FROM-LINCOLN PROPERTIES 650-572-9527 T-756 P.05 F-791 FURTHER RESOLVED, that the Corporation, in its capacity as the general partner of the Partnership, is hereby authorized to take all action necessary to permit the Partnership to acquire or invest in loans and real estate assets, or debt securities and other instruments, and is hereby authorized to enter into any agreements, insLruments or documents deemed necessary or desirable in connection therewith. FURTHER RESOLVED, that each and every officer of the Corporation, (each, an "Authorized Signatory") be, and each of them hereby is, authorized to delegate to any person, as said Authorized Signatory may designate by a written delegation of authority or power of attorney, the authority to sign, to execute and deliver on behalf of the Corporation and the Partnership, any and all such documents, papers,certificates,agreements and instruments and to do or cause to be done any and all such other acts and things as they or any of them, with the advice of counsel, may deem necessary or desirable in order to effectuate or carry out the purpose and intent of these resolutions. FURTHER RESOLVED, that any and all such action here~ofore taken in respect of the matters described in thesa resolutions be, and hereby is, ratified and confirmed by each of the Corporation and the Partnership as its act and deed. NY1233J: 67931.2 -4- AUG-17-98 03:38PM FROM-LINCOLN PROPERTIES 650-572-9527 T-756 P.06 F-791 IN WITNESS WHEREOF, the undersigned has executed this unanimous consent this~ day ofl:>«erob-<.r , 1997. ~enberg ----------------- City of Carlsbad ■ :.H¥) ,i ,ti ,t-1 •l§-ih, !■ ,f§ ,i I DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board. Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. !'llote: Person is defined as "Any individual, firm, co-pannership, joint venture, association, social club. fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; how.ever, the legal name and entity of the applicant and property owner mu.st be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership. include the names. title, addresses of all individuals owning more than I 0% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (NIA) IN THE SPACE BELOW. If a publiclv-owned corporation. include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person _____________ _ Corp/Part _____________ _ Title _____________ _ Title ----------------- Address ___________ _ Address ______________ _ 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership. tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership. include the names, title. addresses of all individuals owning more than I 0% of the shares. IF NO INDIVlDUALS O\VN MORE THAN I 0% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (NIA) IN THE SPACE BELOW. If a publiclv- owned corporation. include the names. titles. and addresses of the corporate officers. (A separate page may be attached if necessary.) s Pe~on Leland C. Ayers Title Pres.:tdent Carlsbad Airport Centre Owners Corp/Part Association c CACOA > Address ( 760) 929-2275 Ti ti e __ _,J> ... ~o ...... n ........ P;;;..r ...... o ..... f...,ji.,..t...,._._Q""'r .... g+4aa..t1. ..... i...1:z ... aa.ati..-..i,1,,101,1,,t1.1.- Address 2026 Palomar Airport_ Road Carlsbad, CA ~2666 2075 Las Palmas Dr.• Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-0894 3. NON-PROFIT O ANIZATION OR TRUST If any person identified pursuant to (I) or (2) above is a nonprofit oreanization or a trust. list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust Jeffry Brusseau Title Vice President Address Same as #2 Non Profit/Trust Carmen Daily Title Secretary/ Treasurer Address __ s~a_m_e---'a=s.....:.:.#~2;...... _____ _ 4. Have you had more than $250 worth of business transacted with any member of City staff. Boards. Commissions, Committees and/or Council within the past twelve ( 12) months? 0Yes D No If yes, please indicate person(s): ______________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Signature of owner/date Signature of applicant/date Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if Leland c. Ayers, CACOA President Print or type name of owner/applicant" s agent H:ADMIN\COUNTER\OISCLOSURE STATEMENT 5/98 Page 2 of 2 City of Carlsbad 14 hi,i,i 1•1• •·l4•Si, I I ,i§ ,i I DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require: discretionary action on the part of the City Council or any appointed Board. Commission or Comminee. I The following information MUST be disclosed at the time of application subminal. Your pr~ject cannot be reviewed until this information is completed. Please print. Note: Person is defmed as "Any individual, firm, co-partnership, joint venture. association. social club. fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county. city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) '1 Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership. include the names. title, addresses of all individuals owning more than I 0% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES. PLEASE INDICATE NON- APPLICABLE (N/ A) IN THE SPACE BELOW. If a publiclv-owned corporation. include the names. titles. and addresses of the corporate officers. (A separate page may be attached if necessary.) Person ____________ _ Corp/Part ____________ _ Title Title ------------------------------ Address ___________ _ Address --------------- OWNER (Not the owner·s agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also. provide the nature of the legal ownership (i.e. partnership. tenants in common. non-profit. corporation. etc.). If the ownership includes a corporation or partnership. include the names. title. addresses of all individuals owning more than l 0% of the shares. IF NO JNDIVIDUALS OWN MORE THAN l 0% OF THE SHARES. PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly- owned corporation. include the names. titles. and addresses of the corporate officers. (A separate page may be attached if necessary.) Person ____________ _ Title _____________ _ co,6)-;i/I-/1~ Title ----------------Address ____________ _ Address /)$v 1?4~0.{/ 4VL CAltL~1 <!A 12ZJQ:J 2075 Las Palmas Dr.• Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-0894 3. NON-PROFIT Ok_ANJZATION OR TRUST If any person identified pursuant to (I) or (2) above is a nonprofit organization or a trust. list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust ________ _ Non Profit/Trust __________ _ Title ____________ _ Title ----------------Address ___________ _ Address. _____________ _ 4. Have you had more than $250 worth of business transacted with any member of City staff. Boards. Commissions. Committees and/or Council within the past twelve ( 12) months? D Yes ~No If yes, please indicate person(s): ______________ _ NOTE: Attach additional sheets if necessary. II the above information is true and correct to the best of my knowledge. ~ ~ .Ptl<[//0( rmiortyp(name of owner 1 \ Y-::-• '"> Cul,,..)....,,p..J Print or type name of owner/a H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 , 7) en 11 o i;~ (---~, ,t ,1 ·, ,; 9 l:i '~M Print or type name of applicant Page 2 of 2 Attachment to City of Carlsbad Disclosure Statement Ownership information, 1530 Faraday Ave. Partnership, THDC Enterprises THDC Enterprises before 9/1/98 2111 Palomar Airport Road, Suite 100 Carlsbad, CA 92009 after 9/1/98 1530 Faraday Ave. Carlsbad, CA 92008 Thomas Hageman Planning Systems 2111 Palomar Airport Road, Suite 100 Carlsbad, CA 92009 Dennis Cunningham II Planning Systems 2111 Palomar Airport Road, Suite 100 Carlsbad, CA 92009 Dennis Cunningham 7119 Surfbird Circle Carlsbad, CA 92009 G EXISTING OS PROPOSED Pl PALOMAR AIRPORT Exhibit '"M" September 2, 1998 COURTYARD BY MARRIOTT GPA 98-02 EXISTING Pl PROPOSED OS Exhibit "N" September 2, 1998 COURTYARD BY MARRIOTT GPA 98-02