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HomeMy WebLinkAboutCUP 11-06; Fairfield Inn Carlsbad; Conditional Use Permit (CUP) (2)«~: •. :, ~ CITY OF CARLSBAD APPLICATIONS APPLIED FOR: (CHECK BOXES) LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760} 602-4610 www.carlsbadca.gov Development Permits (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY) 0 Administrative Permit 0 Coastal Development Permit (*) 0 Minor [K] Conditional Use Permit (*) 0 Minor 0 Extension 0 Environmental Impact Assessment ~ General Plan Amendment 6?¥11-0~ 0 Local Coastal Program Amendment (*) 0 Master Plan 0 Amendment 00 Habitat Management Permit 0 Minor -tfYtf' (J -D~ 0 Specific Plan 0 Amendment ~ Zone Change (*) ;U.ll-og 0 Hillside Development Permit (*) 0 Planned Development Permit 0 Residential 0 Non-Residential 0 Planned Industrial Permit 0 Planning Commission Determination 0 Site Development Plan 0 Special Use Permit 0 Tentative Tract Map 0 Variance 0 Administrative 0 Zone Code Amendment List other applications not specified ~ }1-Aet'Wf tvt6.t.t\1" MtJ t--\t!V~ ~»VWAV\ D D (*) = eligible for 25% discount -ttMf II -o (o NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITTED PRIOR TO 4:00P.M. ASSESSOR PARCEL NO(S).: 2i3-091-06 ------------------------------------------------------------------ PROJECT NAME: Fairfield Carlsbad ------------------------------------------------------------------ BRIEF DESCRIPTION OF PROJECT: A 3-story, 100-unit hotel. Hotel includes a lobby, registration area and breakfast area. Parking lot which accommodates 120 spaces. And associated landscaping and site improvements on a 2.49 acre property on Palomar Oaks Way in Carlsbad. BRIEF LEGAL DESCRIPTION: All of Lot 16 and portion of Lot 15 of Map 10198 per Certificate of Compliance Recorded May 20, 1992 as F/N 1992-0309738. LOCATION OF PROJECT: N/A ON THE: BETWEEN P-1 South (NORTH, SOUTH, EAST, WEST) Palomar Airport Road (NAME OF STREET) SIDE OF AND STREET ADDRESS Palomar Oaks Way (NAME OF STREET) Paseo del Lago (NAME OF STREET) Page 1 of 5 Revised 07/10 • OWNER NAME (Print): SURVA LP APPLICANT NAME (Print): SURVA LP MAILING ADDRESS: 10660 Scripps Ranch Blvd. Suite 100 MAILING ADDRESS: 10660 Scripps Ranch Blvd. Suite 100 CITY, STATE, ZIP: San Diego, CA 92131 CITY, STATE, ZIP: San Diego, CA 92131 TELEPHONE: {858) 621-4908 TELEPHONE: {858) 621-4908 EMAIL ADDRESS: npatel@excelhotelgroup.com EMAIL ADDRESS: npatel@excelhotelgroup.com I CERTIFY lliAT I AM TH:r~R AND THAT ALL THE ABOVE I CERTIFY THAT I AM rPRESENTATIVE OF TliE OWNER INFORMATION IS TRUE AND ECT TO THE BEST OF MY AND THAT ALL THE ABOVE INF :A.TION IS TRUE AND CORRECT TO KNO~ THE~L \. ~-\'0-,, '=\-\ 12>-\\ SIGNATURE DATE SIGNATURE DATE APPLICANT'S REPRESENTATIVE (Print): Paul J. Klukas-PLANNING SYSTEMS MAILING ADDRESS: 1530 Faraday Ave. #100 CITY, STATE, ZIP: Carlsbad, CA 92008 TELEPHONE: (760) 931-0780 EMAIL ADDRESS: pklukas@planningsystems.net I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE APP~NT AND THAT ALL TliE ABOVE INFORMATION IS TR7i AND C~ ~S~ MY KNOWLEDGE. ~~ _ ~ Cj I~ II SIGNATURE II DATE , IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. 1/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND A BIND ANY SUCCESS S INTEREST. FOR CITY USE ONLY P-1 Page 2 of5 RECEIVED SEP 2 1 2011 CITY OF CARLSBAD PLANNING DIVISION DATE STAMP APPLICATION RECEIVED RECEIVED BY: Revised 07/10 • «~~~ ~ CITY OF DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www .carlsbadca .gov CARLSBAD Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined 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) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (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 )0<:.:~ ~o...~'\ Corp/Part'------------- Title ~"'J.S< Title _____________ _ Address 'QbbC> 'SG"'-"i~ ~){\ -e,\~ Address ___________ _ bo~ \00 E:,r-"') ~~ c.A 0..0\\0\ 2. OWNER (Not the owner's agent) P-1(A) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (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 ~ ~ \l~'\ Corp/Part'------------- Title :Qo.n~ Title _____________ _ Address ,~bG.'O 't><..~'9x~ hl?!S% 'Q:>\-A Address. ____________ _ Page 1 of 2 Revised 07/10 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust'----------- Title. ___________ _ Title _____________ _ Address _________ _ Address. ___________ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes j2g No If yes, please indicate person(s):. __________ _ NOTE: Attach additional sheets if necessary. I cert/~ormation is true and correct to/Ve Signature of owne~ Signature of applicant/date Print or type name of owner Print or type name of applicant SCVW\J~ Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page 2 of2 Revised 07/10 l «~)> ~ CITY OF CARLSBAD PROJECT DESCRIPTION P-1(8) Fairfield Inn Carlsbad Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECTNAME: ----------------------------------------------- APPLICANTNAME: ___ s_u_ry_a_L_P ____________________________________ ___ Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: The proposed project involves a request for a conditional use permit and a habitat management plan permit for permits to construct a 100-room hotel on a 2.49 acre property located on the south side of Palomar Oaks Way in Carlsbad. The project will be three stories in height, totaling 48,354 square feet in gross floor area. The hotel will include hotel rooms, a hotel lobby with registration area, and a breakfast area. A patio, pool deck and swimming pool are provided to the front of the property. A total of 120 parking spaces will be provided to the rear and along the east boundary of the site. Landscaping will be provided throughout. The subject property is zoned for Planned Industrial (P-M) land uses, which allows a hotel upon issuance of a conditional use permit. A small amount (0.11 ac.) of coastal sage scrub and chaparrral habitat will be impacted toward the rear of the site. P-1(8) Page 1 of 1 Revised 07/10 «~f' ~ CITY OF CARLSBAD TIME LIMITS ON DISCRETIONARY PROJECTS P-1(E) PLEASE NOTE: Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or whether all requirements are necessary for your particular application) please call v=o. Applicant Signature: ~ ) ~ Staff Signature: Date: To be stapled with receipt to the application P-1(E) Page 1 of 1 Revised 07/10 & ~ CITY OF CARLSBAD STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov To address post-development pollutants that may be generated from development projects, the City requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMP's) into the project design per the City's Standard Urban Stormwater Management Plan (SUSMP). To view the SUSMP, refer to the Engineering Standards (Volume 4, Chapter 2) at www.carlsbadca.gov/standards. Initially this questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of storm water standards that must be applied to a proposed development or redevelopment project. Depending on the outcome, your project will either be subject to 'Standard Stormwater Requirements' or be subject to additional criteria called 'Priority Development Project Requirements'. Many aspects of project site design are dependent upon the storm water standards applied to a project. Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has responsibility for making the final assessment after submission of the development application. If staff determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you, this will result in the return of the development application as incomplete. In this case, please make the changes to the questionnaire and resubmit to the City. If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please seek assistance from Land Development Engineering staff. A separate completed and signed questionnaire must be submitted for each new development application submission. Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. In addition to this questionnaire, you must also complete, sign and submit a Project Threat Assessment Form with construction permits for the project. Please start by completing Section 1 and follow the instructions. When completed, sign the form at the end and submit this with your application to the city. Restaurants. Any facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (SIC code 5812), where the land area for development is greater than 5,000 square feet. Restaurants where land development is less than 5,000 square feet shall meet all SUSMP requirements except for structural treatment BMP and numeric sizing criteria lir.,,,.,.,n,t<>. and hvrlrnrnnrllflt'<ltlfln X E-34 Page 1 of3 REV 1/14/11 X X X X 6. 7. 8. 9. «~ ~ CITY OF CARLSBAD STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov Hillside development. Any development that creates more than 5,000 square feet of impervious surface and is located in an area with known erosive soil conditions, where the development will grade on any natural slope that is X twenty-five percent (25%} or Qreater. Environmentally Sensitive Area fESAt, All development located within or directly adjacene to or discharging directll to an ESA (where discharges from the development or redevelopment will enter receiving waters within the X ESA), which either creates 2,500 square feet or more of impervious surface on a proposed project site or increases the area of imperviousness of a proposed project site 10% or more of its naturally occurrinQ condition. Parking lot. Area of 5,000 square feet or more, or with 15 or more parking spaces, and potentially exposed to urban X runoff Streets, roads. highways, and freeways. Any paved surface that is 5,000 square feet or greater used for the X transportation of automobiles, trucks, motorcycles, and other vehicles 10. Retail Gasoline Outlets. Serving more than 100 vehicles per day and greater than 5, 000 square feet X 11. Coastal Development Zone. Any project located within 200 feet of the Pacific Ocean and (1) creates more than X 2500 square feet of impervious surface or (2) increases impervious surface on property by more than 10%. 12. More than 1-acre of disturbance. Project results in the disturbance of 1-acre or more of land and is considered a X Pollutant-generating Development Project4 . .. . . 1 Environmentally Sens1t1ve Areas mclude but are not llm1ted to all Clean Water Act Section 303(d) 1mpa1red water bod1es, areas designated as Areas of Spec1al Biological Significance by the State Water Resources Control Board ryvater Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; and any other equivalent environmentally sensitive areas which have been identified by the Copermittees. 2 "Directly adjacent" me11ns situated within 200 feet of the Environmentally Sensitive Area. 3 "Discharging directly to" means outflow from a drainage conveyance system that is composed entirely of flows from the subject development or redevelopment site, and not commingled with flow from adjacent lands. 4 Pollutant-generating Development Projects are those projects that generate pollutants at levels greater than background levels. In general, these include all projects that contribute to an exceedance to an impaired water body or which create new impervious surfaces greater than 5000 square feet and/or introduce new landscaping areas that require routine use of fertilizers and pesticides. In most cases linear pathway projects that are for infrequent vehicle use, such as emergency or maintenance access, or for pedestrian or bicycle use, are not considered Pollutant-generating Development Projects if they are built with pervious surfaces or if they sheet flow to surrounding pervious surfaces. INSTRUCTIONS: Section 1 Results: If you answered YES to ANY of the questions above, your project is subject to Priority Development Project requirements. Skip Section 2 and please proceed to Section 3. Check the "meets PRIORITY DEVELOPMENT PROJECT requirements" box in Section 3. Additional storm water requirements will apply per the SUSMP. If you answered NO to ALL of the questions above, then please proceed to Section 2 and follow the instructions. E-34 Page 2 of3 REV 1/14/11 & ~ CITY OF CARLSBAD STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov Development to question . If you answered NO, then you ARE NOT a significant redevelopment and your project is subject to STANDARD STORMWATER REQUIREMENTS. check the "does not meet PDP irements" box in 1 3 below. 3. Is the work limited to trenching and with utility work; resurfacing and reconfiguring surface parking lots and existing roadways; new sidewalk; bike lane on existing road and/or routine maintenance of damaged pavement such as pothole repair? Resurfacing/reconfiguring parking lots is where the work does not expose underlying soil during construction. NS: If you answered 4. If you answered YES, then you ARE NOT a significant redevelopment and your project is subject to STANDARD STORMWATER REQUIREMENTS. Please check the "does not meet PDP irements" box in Section 3 below. 4. Will your create, or at 5,000 square feet of impervious surfaces on existing developed property or will your project be located within 200 feet of the Pacific Ocean and ( 1) create 2500 square feet or more of impervious surface or (2) increases impervious surface on the property by more than 10%? Replacement of existing impervious surfaces includes any activity that is not part of routine maintenance where impervious material(s) are soil construction. If you answered you redevelopment, and you ARE subject to PRIORITY DEVELOPMENT PROJECT requirements. Please check the "meets RITY DEVELOPMENT PROJECT requirements" box in Section 3 below. Review SUSMP to find out if SUSMP requirements apply to your project envelope or the entire project site. If you answered NO, then you ARE NOT a significant redevelopment and your project is subject to STANDARD STORMWATER REQUIREMENTS. Please check the "does not meet PDP requirements" box in Section 3 below. My project meets PRIORITY DEVELOPMENT PROJECT (PDP) requirements and must comply with additional stormwater criteria per the SUSMP and I understand I must prepare a Storm Water Management Plan for submittal at time of application. I understand flow control (hydromodification) requirements may apply to my project. Refer to SUSMP for details. D My project does not meet PDP requirements and must only comply with STANDARD STORMWATER REQUIREMENTS per the SUSMP. As of these I will Applicant Information and Signature Box This Box for City Use Only City Concurrence: I YES I NO I j By: Address: Palomar Oaks Way Assessor's Parcel Number(s): Carlsbad, CA. 92011 213-091-06 Applicant Title: Etv Date: Project ID: Date: //,;. E-34 Page 3 of3 REV 1/14/11 Order Nulr: NCS-466611-SD Page Number: 1 Updated September 13,2011 First American Title Insurance Company National Commercial Services September 13, 2011 Nancy Durning Hamann Companies 1000 Pioneer Way El Cajon, CA 92020-1923 Phone: (619)440-7424 Fax: (619)440-8914 1itle Officer: Phone: Fax No.: E-Mail: Escrow Officer: Phone: Buyer: Owner: Property: 4380 La Jolla Village Drive, Suite 110 San Diego, CA 92122 Ralph Snyder/ Vince Tocco (858)410-3886 (877)461-2094 titleteam20@firstam.com Lynn K. Graham (858)410-2149 Surya LP, a California limited partnership Vacant Land, Carlsbad, CA PRELIMINARY REPORT In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration dause. When the Amount of Insurance is less than that set forth in the arbitration dause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exdusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies oflltle Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report. Arst American 7itle Insurance Company e Order Number: NCS-466611-SD Page Number: 2 Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. First American Title Insurance Company Dated as of September 7, 2011 at 7:30A.M. The form of Policy of title insurance contemplated by this report is: ALTA Standard Owner Policy -2006 ALTA Extended Loan Policy-2006 Order Nl.r: NCS-466611-SD Page Number: 3 A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: Surya LP, a California limited partnership The estate or interest in the land hereinafter described or referred to covered by this Report is: Fee Simple as to Parcels 1, an easement as to Parcel 2. The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. . General and special taxes and assessments for the fiscal year 2011-2012, a lien not yet due or payable. 2. The lien of special tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the California Government code for proposed Community Facilities District No. 1, as disclosed by Notice of Special Tax Lien recorded May 20, 1991, as Instrument No. 1991-0236959, of Official Records. The above assessment is collected with the general and special taxes and assessments. 3. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 4. An easement for public utilities and incidental purposes, recorded April 15, 1954 in Book 5205, Page 419 of Official Records. In Favor of: San Diego Gas and Electric Company. Affects: Lot 16 Rrst American Title Insurance Company -- Order Nler: NCS-466611-SD Page Number: 4 5. An easement for sewer pipelines and incidental purposes, recorded January 5, 1965 as instrument no. 001288 and September 21, 1965 as instrument no. 171355, both of Official Records. In Favor of: Affects: Buena Sanitation District. As described therein 6. Covenants, conditions, restrictions and easements in the document recorded October 1, 1974 as instrument no. 74-263897 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes or Section 12955 of the California Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. Document(s) declaring modifications thereof recorded June 1, 1977 as instrument no. 77- 212678, June 27, 1977 as instrument no. 77-252979 and August 6, 1982 as instrument no. 82- 242416, all of Official Records. 7. An easement shown or dedicated on the map of Carlsbad Tract No. 80-38 filed or recorded September 15, 1981 as Map No. 10198 of Tract Maps For: Sewer line and incidental purposes. 8. Covenants, conditions, restrictions and easements in the document recorded July 15, 1983 as instrument no. 83-242801 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes or Section 12955 of the California Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. Document(s) declaring modifications thereof recorded December 1, 1987 as Instrument No. 87- 662067 and October 7, 1992 as Instrument No. 1992-0639126, Both of Official Records. 9. An easement for public utilities and incidental purposes, recorded February 11, 1982 as instrument no. 82-038313 of Official Records. In Favor of: Affects: San Diego Gas and Electric Company. As described therein The location of the easement cannot be determined from record information. 10. The terms and provisions contained in the document entitled "A Hold Harmless Agreement Regarding Drainage" recorded June 28, 1982 as instrument no. 82-198689 of Official Records. Document(s) declaring modifications thereof recorded June 21, 1983 as Instrument No. 83- 208083 of Official Records. First American Title Insurance Company Order Nler: NCS-466611-SD Page Number: 5 11. An easement for a non-exclusive easement of right of way and incidental purposes, recorded July 12, 1983 as instrument no. 83-235405 of Official Records. In Favor of: Costa Real Municipal Water District. Affects: As described therein 12. The terms and provisions contained in the document entitled "An Agreement Regarding Payment of a Public Facilities Fee" recorded June 23, 1987 as instrument no. 87-350146 of Official Records. 13. The terms and provisions contained in the document entitled "An Agreement Regarding Hold Harmless Agreement Drainage" recorded December 14, 1987 as instrument no. 87-685957 of Official Records. 14. The terms and provisions contained in the document entitled "An Agreement Regarding Hold Harmless Agreement Geological Failure" recorded February 4, 1988 as instrument no. 88-054964 of Official Records. 15. An easement for public utilities and incidental purposes, recorded March 1, 1988 as instrument no. 88-094140 of Official Records. In Favor of: Affects: San Diego Gas and Electric Company. As described therein The location of the easement cannot be determined from record information. 16. An easement for water main purposes together with the right of ingress, egress and incidental purposes, recorded December 7, 1988 as instrument no. 88-628775 of Official Records. In Favor of: The City of Carlsbad, a municipal corporation. Affects: As described therein 17. The effect of a map purporting to show the land and other property, filed as Map No. 13878 of Record of Surveys. 18. Rights of parties in possession. Rrst American Title Insurance Company INFORMATIONAL NOTES Order N!er: NCS-466611-SD Page Number: 6 1. This report is preparatory to the issuance of an ALTA Loan Policy. The property covered by this report is vacant land. 2. According to the public records, there has been no conveyance of the land within a period of twenty four months prior to the date of this report, except as follows: A document recorded November 2, 2010 as Instrument No. 2010-0590868 of Official Records. From: M.H. Carlsbad LLC, a California limited liability company To: Jeffrey C. Hamann, Trustee of the J.C. Hamann Family Trust UDT dated 12/21/83, as to an undivided 50% interest; and Gregg Hamann, Trustee of the Gregg Hamann Family Trust UDT dated 4/25/86, as to an undivided 50% interest A document recorded December 16, 2011 as Instrument No. 2010-0696507 of Official Records. From: Jeffrey C. Hamann, Trustee of the J.C. Hamann Family Trust UDT dated 12/21/83, as to an undivided 50% interest; and Gregg Hamann, Trustee of the Gregg Hamann Family Trust UDT dated 4/25/86, as to an undivided 50% interest To: Carlsbad Palomar Oaks LP, a California limited partnership A document recorded August 5, 2011 as Instrument NO. 0399134 of Official Records. From: Carlsbad Palomar Oaks LP, a California limited partnership To: Surya LP, a California limited partnership 3. Should this report be used to facilitate your transaction, we must be provided with the following prior to the issuance of the policy: A. WITH RESPECT TO A CORPORATION: 1. A certificate of good standing of recent date issued by the Secretary of State of the corporation's state of domicile. 2. A certificate copy of a resolution of the Board of Directors authorizing the contemplated transaction and designating which corporate officers shall have the power to execute on behalf of the corporation. 3. Requirements which the Company may impose following its review of the above material and other information which the Company may require. B. WITH RESPECT TO A CAUFORNIA LIMITED PARTNERSHIP: 1. A certified copy of the certificate of limited partnership (form LP-1) and any amendments thereto (form LP-2) to be recorded in the public records; 2. A full copy of the partnership agreement and any amendments; 3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction; 4. Requirements which the Company may impose following its review of the above material and Rrst American Title Insurance Company other information which the Company may require. C. WITH RESPECT TO A FOREIGN LIMITED PARTNERSHIP: Order Nler: NCS-466611-SD Page Number: 7 1. A certified copy of the application for registration, foreign limited partnership (form LP-5) and any amendments thereto (form LP-6) to be recorded in the public records; 2. A full copy of the partnership agreement and any amendment; 3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction; 4. Requirements which the Company may impose following its review of the above material and other information which the Company may require. D. WITH RESPECT TO A GENERAL PARTNERSHIP: 1. A certified copy of a statement of partnership authority pursuant to Section 16303 of the California Corporation Code (form GP-1), executed by at least two partners, and a certified copy of any amendments to such statement (form GP-7), to be recorded in the public records; 2. A full copy of the partnership agreement and any amendments; 3. Requirements which the Company may impose following its review of the above material required herein and other information which the Company may require. E. WITH RESPECT TO A LIMITED LIABILI1Y COMPANY: 1. A copy of its operating agreement and any amendments thereto; 2. If it is a California limited liability company, a certified copy of its articles of organization (LLC-1) and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of articles of organization (LLC-10) to be recorded in the public records; 3. If it is a foreign limited liability company, a certified copy of its application for registration (LLC-5) to be recorded in the public records; 4. With respect to any deed, deed of trust, lease, subordination agreement or other document or instrument executed by such limited liability company and presented for recordation by the Company or upon which the Company is asked to rely, such document or instrument must be executed in accordance with one of the following, as appropriate: (i) If the limited liability company properly operates through officers appointed or elected pursuant to the terms of a written operating agreement, such documents must be executed by at least two duly elected or appointed officers, as follows: the chairman of the board, the president or any vice president, and any secretary, assistant secretary, the chief financial officer or any assistant treasurer; (ii) If the limited liability company properly operates through a manager or managers identified in the articles of organization and/or duly elected pursuant to the terms of a written operating agreement, such document must be executed by at least two such managers or by one manager if the limited liability company properly operates with the existence of only one manager. 5. Requirements which the Company may impose following its review of the above material and other information which the Company may require. F. WITH RESPECT TO A TRUST: 1. A certification pursuant to Section 18100.5 of the california Probate Code in a form satisfactory to the Company. 2. Copies of those excerpts from the original trust documents and amendments thereto which designate the trustee and confer upon the trustee the power to act in the pending transaction. 3. Other requirements which the Company may impose following its review of the material require herein and other information which the Company may require. G. WITH RESPECT TO INDIVIDUALS: 1. A statement of information. Rrst American Title Insurance Company Order Nler: NCS-466611-SD Page Number: 8 The map attached, if any, may or may not be a survey of the land depicted hereon. First American Title Insurance Company expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. First American Title Insurance Company LEGAL DESCRIPTION Order N!er: NCS-466611-SD Page Number: 9 Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: PARCEL 1: ALL OF LOT 16 AND A PORTION OF LOT 15 OF CARLSBAD TRACT NO. 80-38, MAP NO. 10198, AS FILED IN THE OFFICE OF THE COUN1Y RECORDER, COUN1Y OF SAN DIEGO, STATE OF CALIFORNIA, AS INSTRUMENT NO. 81-294627, DATED SEPTEMBER 15, 1981, OFFICIAL RECORDS. COMMENCING AT A 3/4" X 18" IRON PIPE MONUMENT WITH DISC MARKED R.C.E. 18673, PER MAP NO. 10198. SAID MONUMENT BEING THE COMMON CORNER OF LOT 16 AND LOT 15 ON A PORTION OF A 1535.00 FOOT RADIUS ARC BEING THE SOUTHERLY RIGHT OF WAY LINE OF PALOMAR OAKS WAY AND THE TRUE POINT OF BEGINNING FOR LOT C, SAID POINT HAVING A RADIAL LINE WHICH BEARS NORTH 13° 14' 33" EAST; THENCE ALONG THE ARC OF A PORTION OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00° 26' 04", AN ARC DISTANCE OF 11.64 FEET TO A POINT OF TANGENCY; THENCE SOUTH 12° 48' 29" WEST 62.00 FEET; THENCE SOUTH 03° 39' 57" WEST 128.22 FEET; THENCE SOUTH 60° 20' 03" EAST 101.93 FEET; THENCE SOUTH 29° 39' 57" WEST 42.00 FEET; THENCE SOUTH 60° 20' 03" EAST 4.00 FEET; THENCE SOUTH 29° 39' 57" WEST 84.72 FEET TO A POINT ON THE SOUTHERLY LOT LINE OF LOT 15 AS DESCRIBED IN MAP NO. 10198, CONTINUING ALONG A PORTION OF SAID LOT LINE; THENCE NORTH 54° 34' 18" WEST 89.99 FEET TO A POINT BEING THE CORNER OF LOT 15 AND LOT 16, CONTINUING ALONG THE LOT LINE OF LOT 16 AS DESCRIBED IN MAP NO. 10198; THENCE NORTH 80° 14' 18" WEST 94.37 FEET; THENCE NORTH 34° 24' 52" WEST 109.70 FEET; THENCE NORTH 71° 50' 26" WEST 263.11 FEET; THENCE NORTH 18° 09' 34" EAST 84.96 FEET TO A TANGENT POINT ON A 144 FOOT CURVE, HAVING A RADIAL LINE WHICH BEARS NORTH 04° 31' 51" EAST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31° 43' 23", AN ARC DISTANCE OF 79.73 FEET, TO A POINT OF TANGENCY; THENCE NORTH 62° 48' 28" EAST 72.61 FEET TO A POINT BEING TANGENT TO A 231.34 FOOT RADIUS CURVE, A RADIAL LINE OF SAID CURVE BEARS SOUTH 27° 11' 32" EAST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 43° 09' 34", AN ARC DISTANCE OF 174.26 FEET TO A POINT OF TANGENCY; THENCE SOUTH 74° 01' 58" EAST 53.43 FEET TO A POINT BEING TANGENT TO A 1535.00 FOOT RADIUS CURVE, A RADIAL LINE OF SAID CURVE BEARS NORTH 15° 58' 02" EAST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02° 43' 29", AN ARC DISTANCE OF.73.00 FEET TO A POINT OF TANGENCY TERMINATING AT A POINT, SAID POINT BEING THE POINT OF TRUE BEGINNING. SAID PROPER1Y BEING DESCRIBED AS "PARCEL C" IN A CERTIFICATE OF COMPLIANCE RECORDED ON MAY 20, 1992 AS INSTRUMENT NO. 1992-0309738 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUN1Y. PARCEL 2: EASEMENTS GRANTED IN ACCORDANCE WITH THE TERMS OF THAT CERTAIN GRANT OF Rrst American 77tle Insurance Company Order N!er: NCS-466611-SD Page Number: 10 EASEMENTS, DATED JULY 29, 1981, EXECUTED BY MITSUI FUDOSAN (U.S.A.), INC., A CALIFORNIA CORPORATION, DBA PALOMAR AIRPORT BUSINESS PARK, AS OWNER, AND BIRTCHER BUSINESS CENTER-CORPORATE PALOMAR, A CALIFORNIA LIMITED PARTNERSHIP, AS GRANTEE, RECORDED AUGUST 04, 1981 AS INSTRUMENT NO. 81-246287 OF OFFICIAL RECORDS. APN: 213-091-06-00 Arst American Title Insurance Company e Order Number: NCS-466611-SD Page Number: 11 *****To obtain wire instructions for deposit of funds to your escrow file please contad your Escrow Officer.***** The First American Corporation First American Title Company Privacy Policy We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this First American Title Insurance Company Order N!er: NCS-466611-SD Page Number: 12 Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Arst American 77tle Insurance Company EXHIBIT A Order Nler: NCS-466611-SD Page Number: 13 LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B -1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE I. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. Arst American Title Insurance Company e Order Number: NCS-466611-SD Page Number: 14 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM 8 -1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One 1. 2. 3. 4. 5. 6. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. Easements, claims of easement or encumbrances which are not shown by the public records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970 WITH A.L T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. 5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One 1. 2. 3. 4. 5. 6. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. Easements, claims of easement or encumbrances which are not shown by the public records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1992 WITH A.L T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE Rrst American Title Insurance Company Order Nler: NCS-466611-SD Page Number: 15 The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy; (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY· 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 8. AMERICAN LAND TITLE ASSOCIATION OWNER"S POLICY • 1992 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or Arst American Title Insurance Company Order Nler: NCS-466611-SD Page Number: 16 any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting In no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part one: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real 2. 3. 4. 5. 6. property or by the public records. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. Easements, claims of easement or encumbrances which are not shown by the public records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY-1987 EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws ar\d regulations concerning: *land use * land division * improvements on the land * environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: * a notice of exercising the right appears in the public records on the Policy Date * the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. Title Risks: * that are created, allowed, or agreed to by you * that are known to you, but not to us, on the Policy Date -unless they appeared in the public records * that result in no loss to you * that first affect your title after the Policy Date -this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. Rrst American Title Insurance Company 5. Lack of a right: Order N!er: NCS-466611-SD Page Number: 17 *to any land outside the area specifically described and referred to in Item 3 of Schedule A, or * in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered 1itle Risks. 11. EAGLE PROTECTION OWNER'S POLICY CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE-2008 ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE -2008 Covered Risks 16 (Subdivision Law Violation). 18 (Building Permit). 19 (Zoning) and 21 (Encroachment of boundary walls or fences) are subject to Deductible Amounts and Maximum Dollar Limits of Liability EXCLUSIONS In addition to the Exceptions In Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building b. zoning c. land use d. improvements on the land e. land division f. environmental protection This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21 UMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: Covered Risk 16, 18, 19 and 21, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Your Deductible Amount Covered Risk 16: 1% of Policy Amount or $5,000.00 (whichever is less) Covered Risk 18: 1% of Policy Amount or $5,000.00 (whichever is less) Covered Risk 19: 1% of Policy Amount or $5,000.00 (whichever is less) Covered Risk 21: 1% of Policy Amount or $2,500.00 (whichever is less) Our Maximum Dollar Limit of Liability $10,000.00 $25,000.00 $25,000.00 $5,000.00 12. THIRD GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (1/01/08) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or(iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d}, 14 or 16. Rrst American Title Insurance Company Order N!er: NCS-466611-SD Page Number: 18 (b)Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk ll(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 13. AMERICAN LAND TITLE ASSOCIATION LOAN POUCY-2006 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk ll(b). Rrst American Title Insurance Company Order Nler: NCS-466611-SD Page Number: 19 14. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-2006 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 13 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 15. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-2006 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection;or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risks 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated In Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. 16. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-2006 WITH REGIONAL EXCEPTIONS First American Title Insurance Company Order Nler: NCS-466611-SD Page Number: 20 When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 15 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. First American Title Insurance Company \ City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 I ~1~11111111 m~ Ill~ 11~111111111~111 ~~ Applicant: SURYA LP Description Amount HMP11005 2,751.00 Receipt Number: R0086446 Transaction ID: R0086446 Transaction Date: 09/21/2011 Pay Type Method Description Amount Payment Check 2,751.00 Transaction Amount: 2,751.00 • City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 lllmllllllllllllllll~ 1~111~1111~111111~ 111 Applicant: SURYA LP Description Amount CUP11006 3,471.37 Receipt Number: R0086452 Transaction ID: R0086452 Transaction Date: 09/21/2011 Pay Type Method Description Amount Payment Check 3,471.37 Transaction Amount: 3,471.37 City of Carlsbad Faraday Center Faraday Cashiering 001 1126401-2 09/21/2011 98 Wed, Sep 21, 2011 02:38PM Receipt Ref Nbr: R1126401-2/0011 PERMITS -PERMITS Tran Ref Nbr: 112640102 0011 0016 Trans/Rcpt#: R0086452 SET #: CUP11006 Amount: Item Subtotal : Item Total: PERMITS -PERMITS 1@ $3,471.37 $3,471.37 $3,471.37 Tran Ref Nbr: 112640102 0011 0017 Trans/Rcpt#: R0086446 SET #: HMP11005 Amount: Item Subtotal : Item Total: 2 ITEM(S) TOTAL: ChEck (Chk# 002554) Check (Chk# 002022) Total Received: Have a nice day! 1 @ $2,751.00 $2,751.00 $2,751.00 $6,222.37 $6,201.25 $21.12 $6,222.37 **************CUSTOMER COPY************* .. ---------------------- • • City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 11111111111~ 1111111111111~111111 Applicant: SURYA LP Description Amount CUP11006 43.20 Receipt Number: R0089537 Transaction ID: R0089537 Transaction Date: 05/09/2012 Pay Type Method Description Amount Payment Check 43.20 Transaction Amount: 43.20 ' .. City of Carlsbad Faraday Center Faraday Cashiering 001 1213001-2 05/09/2012 98 Wed, May 09, 2012 02:34 PM • Receipt Ref Nbr: R1213001-2/0031 PERMITS -PERMITS Tran Ref Nbr: 121300102 0031 0031 Trans/Rcpt#: R0089537 SET#: CUP11006 Amount: Item Subtota 1 : Item Tot a 1: ITEM(S) TOTAL: Cash Total Received: CHANGE: Have a nice day! 1 @ $43.20 $43.20 $43.20 $43.20 $50.00 $50.00 $6.80 **************CUSTOMER COPY************* • • tv\~ Lejf611~ _4f~_A. CITY OF VcARLSBAD LJ FILE Planning Division www.carlsbadca.gov June 7, 2012 Paul Klukas Planning Systems 1530 Faraday Avenue, #100 Carlsbad, CA 92008 PLANNING COMMISSION NOTICE OF DECISION SUBJECT: CUP 11-06/HMP 11-05-FAIRFIELD INN CARLSBAD At the June 6, 2012 Planning Commission meeting, your application was considered. The Commission voted 6-0 to approve your request. The decision of the Planning Commission will become final on June 16, 2012. The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings is made accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Planner, Don Neu, Secretary of the Planning Commission, 1635 Faraday Avenue, Carlsbad, CA 92008. If you have any questions regarding the final dispositions of your application, please contact your project planner Dan Halverson at (760) 602-4631 or daniel.halverson@carlsbadca.gov. DON NEU, AICP City Planner DN:DH:bd c: Data Entry File Surya LP, 10660 Scripps Ranch Blvd. Ste. 100, San Diego, CA 92131 enc: Planning Commission Resolution No. 6888 and 6889 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® .. ~ (?~CITY OF • CARLSBAD • • FILE COPY 5. ,;),;) . /c< Community & Economic Development www.carlsbadca.gov NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, June 6, 2012, to consider a request for the following: CASE NAME: CUP 11-06/ HMP 11-05-Fairfield Inn Carlsbad PUBLISH DATE: May 25, 2012 DESCRIPTION: Request for approval of a Conditional Use Permit and Habitat Management Plan Permit to allow for the development of a 99 room business hotel on a 2.49 acre vacant lot on property generally located on the south side of Palomar Oaks Way, south of Palomar Airport Road and east of West Oaks Way, in Local Facilities Management Zone 5. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. Copies of the staff report will be available online at http://carlsbad.granicus.com/ViewPublisher.php?view id=6 on or after the Friday prior to the hearing date. If you have any questions, or would like to be notified of the decision, please contact Dan Halverson in the Planning Division at (760) 602-4631, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00 a.m. to 5:00p.m. at 1635 Faraday Avenue, Carlsbad, California 92008. APPEALS The time within which you may judicially challenge these projects, if approved, is established by State law and/or city ordinance, and is very short. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. o Appeals to the City Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (10) calendar days after a decision by the Planning Commission. CITY OF CARLSBAD PLANNING DIVISION ~·· Planning Division ~~~-~~~~--------------------------------------------------------~-:'-1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® • SITE MAP • PALOMAR OAKS WY • N NOT TO SCALE Fairfield Inn Carlsbad CUP 11-06/HMP 11-06 May 25th, 2012 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Escondido, California On This 25th, day May 2012 ~;d'· ~ -~ r;, r~ r .,.........---...,Ja~n-e_A_IIs-h-ou_s_e _____ _ NORTH COUNTY TIMES Legal Advertising • BEST COPY ., ~ • (~~CITY OF • • FILE COPY /0·;)1·1/ ~CARLSBAD Community & Economic Development www.carlsbadca.gov I EARLY PUBLIC NOTICE PROJECT NAME: Fairfield Carlsbad PROJECT NUMBER: GPA 11-08/ ZC 11-03/ CUP 11-06/ HMP11-05/ HMPA 11-06 This early public notice is to let you know that a development application for a General Plan Amendment, Zone Change, Conditional Use Permit, Habitat Management Plan Permit, and Habitat Management Plan Amendment have been submitted to construct a three-story, 1 00-unit hotel with associated improvements and landscaping on a lot within your area has been submitted to the City of Carlsbad on September 21, 2011. The project application is undergoing its initial review by the City. LOCATION: APN: 213-091-06-South of Palomar Airport Road on Palomar Oaks Way just east of the intersection of West Oaks Way. PROJECT DESCRIPTION: The applicant is proposing to construct a new three-story, 100 unit hotel with a lobby, registration area, and dining area along with associated landscaping/hardscaping including 120 parking spaces on a 2.49 acre lot off of Palomar Oaks Way. Please keep in mind that this is an early public notice and that the project design could change as a result of further staff and public review. A future public hearing notice will be mailed to you when this project is scheduled for public hearing before the Planning Commission. CONTACT INFORMATION: If you have questions or comments regarding this proposed project please contact Daniel Halverson, Assistant Planner by email at: Daniei.Halverson@carlsbadca.gov or by phone at: 760-602-4631, or at the City of Carlsbad Planning Division, 1635 Faraday Avenue, Carlsbad, CA 92008. I ~·· Planning Division ~~~~·~----------------------------------------------------------------~:~ · 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® . . • • ATTACHMENT "1" I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. APPLICATION NAME AND NUMBER Fairfield Inn -Varlsbad, CA CUP 11-06/HMP 11-05 APPLICANT OR APPLICANT'S REPRESENTATIVE Planning Systems, Seth Schulberg BY: ------------------------- DATE: 5/9/2012 RECEIVED BY DATE: ____________________ ___ (~~CITY OF ~.r CARLSBAD Planning Division April 16, 2012 Paul Klukas Planning Systems 1530 Faraday Avenue, #100 Carlsbad, CA 92008 • • M~d 4 j1 rz jiL FILE COPY www.carlsbadca.gov SUBJECT: CUP 11-06 -FAIRFIELD INN CARLSBAD -CALIFORNIA ENVIRONMENTAL QUALITY ACT {CEQA) APPLICABILITY /PROCESS DETERMINATION This is to advise you that after reviewing the application for the project referenced above, the City has determined that the following environmental review process (pursuant to CEQA) will be required for the project: The project is exempt from the provisions of CEQA, pursuant to CEQA Class 32, Section 15332- lnfill Development. No environmental review is required for the project. A Notice of Determination will be filed after approval of the project with the San Diego County Clerk's Office which involves a filing fee. Please submit a check to the project planner in the amount of $50.00 made out to the San Diego County Clerk. For additional information related to this CEQA applicability/process determination, please contact the project planner, Dan Halverson, at (760) 602-4631 or by email at: Daniei.Halverson@carlsbadca.gov Sincerely, Ql~ DON NEU, AICP Planning Director DN:DH:bd c: Surya LP, 10660 Scripps Ranch Blvd. Ste. 100, San Diego, CA 92131 Chris DeCerbo, Team leader David Rick, Project Engineer File Copy Data Entry 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 " . ENVIRONMENTAL INFORMATION FORM {To be Completed by Applicant) Date Filed: q_Z{-( ( (To be completed by City) Application Number(s): _.;:C:.,_U____.:.P_/L...J(~--D....:::6 _________________ _ General Information 1. Name of project: _F_a_ir_fi_e_ld_c_a_r_ls_ba_d ___________________ _ 2. Name of developer or project sponsor: _N_e_ii_P_a_te_l_-_s_u_R_YA_L_P __________ _ Address: 10660 Scripps Ranch Blvd. Suite' 100 City, State, Zip Code: San Diego, CA 92131 Phone Number: (858) 621-4908 3. Name of person to be contacted concerning this project: Paul J. Klukas-PLANNING SYSTEMS Address: ____!530 Faraday Ave. #100 City, State, Zip Code: Carlsbad, CA 92008 ------------------------- Phone Number: (760) 931-0780 4. Address of Project: __ N/_A ______________________ _ Assessor's Parcel Number: 213-091-06 ----------------------- 5. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: N/A 6. Existing General Plan Land Use Designation: _P_Ia_n_n_e_d_ln_d_u_s_tr_ia_I....:..(P_I.:....) -------- 7. Existing zoning district: _PI_a_n_ne_d_ln_d_u_st_ri_a_l (_P_-M_) --------------- 8. Existing land use(s): _v_a_c_an_t _____________________ _ 9. Proposed use of site (Project for which this form is filed): __ H_o_t_e_l ---------- Project Description 10. Site size: _2_._4_9_a_cr_e_s _______________________ _ 11. Proposed Building square footage: _4_8,.:....3_5_4_s...:.q._ft_. ______________ _ 12: Number of floors of construction: _3=--fl_o_or_s ________________ _ 13. Amount of off-street parking provided: _1_20_p_ar_k_in...;;;g.:....s..:..p_a_ce_s ___________ _ 14. Associated projects: _N_/_A ______________________ _ P-1(0) Page 2 of4 Revised 07/10 15. If residential, include the number of units and schedule of unit sizes: N/A 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: ---------------------- Hotel-Visitor serving 17. If industrial, indicate type, estimated employment per shift, and loading facilities: _____ _ N/A 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: ________ _ N/A 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: --------------------- Conditional Use Permit required per Zoning 21.34.020{01 P-1(0) Page 3 of4 Revised 07/10 ' Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial D IK] alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or D roads. 22. Change in pattern, scale or character of general area of project. 23. Significant amounts of solid waste or litter. 24. Change in dust, ash, smoke, fumes or odors in vicinity. 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. 27. Site on filled land or on slope of 10 percent or more. 28. Use of disposal of potentially hazardous materials, such as toxic substances, flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 31. Relationship to a larger project or series of projects. Environmental Setting Attach sheets that include a response to the following questions: D D D D D D D D D D 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date: ------------Signature: ---------------- For: P-1(0) Page4 of4 Revised 07/10 Environmental Setting 32. The proposed project proposes a hotel and related parking lot and landscaping on a 2.49 acre site located on the south side of Palomar Oaks Way, approximately 400 feet southeast of the intersection of Palomar Airport Road and Palomar Oaks Way. The property is located within the Palomar Oaks Business Park section of the city of Carlsbad, situated southwest of the McClellan-Palomar Airport. Most of the site has been previously graded as a future development pad. No structures exist on the property. The southern section of the property contains a natural steeply sloping north-facing hillside. This southerly slope has not been previously impacted by grading and is covered by natural vegetation. Vegetation growth on the graded pad is primarily Non-native annual grasslands. The natural up-slope located on the southern portion of the property is covered with mature Diegan coastal sage scrub/chaparral vegetation. Mature, urban landscape street trees exist along the Palomar Oaks Way frontage of the site. Two Coast live oak trees exist near the eastern side property line. The property frontage is fully improved with curb, gutter and sidewalk, with mature shrubs and trees. Vegetation which will be impacted through implementation of the project consists primarily of the disturbed non- native grassland and the two oak trees existing on the development pad. A small amount of the lower portion of the rear (southerly) slope will be impacted to provide for parking spaces for the proposed hotel site design. Mitigation will be required for this impact. The majority of the rear slope will remain undisturbed and will be preserved as open space. No federal or state jurisdictional wetlands or Waters of the U.S. will be impacted by the development. The underlying surficial geology is mapped as Visalia series deep sandy loam on alluvial fans and floodplain, 2 to 5 percent slope. This occurs on the flat portions of the site. Loamy alluvial land- Huerhuero complex, 9 to 50 percent slopes, severely eroded occurs on the southern slopes of the site. This specific slope exceeds generally 40% gradient. Coastal sage scrub and chaparral grows on the steep slope. The proposed hotel and associated features will result in urban hotel development of the graded pad on the site. Existing topography of the site ranges from a low elevation of 141 feet MSL along the Palomar Oaks Way frontage of the property, to 148 feet MSL at the rear of the graded pad, to 164 feet MSL at the high point of the south property line. This south property line rises up only about 25-feet of the full 120-foot vertical elevation increase of the entire slope, including offsite properties to the south. 33. Property to the west is developed with an industrial office building. Offsite properties to the south include an offsite open space lot and residential homes at the top of the natural slope beyond. To the west of the subject property is vacant land, zoned for industrial office uses. The property fronts on existing Palomar Oaks Way, a private street serving the Palomar Oaks Business Park. Across the private street to the north is an existing drainage of Encinas Creek and water quality basin, which treats runoff from the upstream area to the east. f' I ~ . <(~~ CITY OF ¥/CARLSBAD • Memorandum April 25, 2012 To: Dan Halverson, Project Planner From: David Rick, Project Engineer Via: Glen Van Peski, Engineering Manager Re: CUP 11-06/HMP 11-05 FAIRFIELD CARLSBAD Conditions • Land Development Engineering has completed its review of the above referenced project. Engineering staff does not have any more comments to add to the project. Please add the following conditions to the approving resolution/letter: Engineering Conditions NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to approval of a building or grading permit whichever occurs first. General 1. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. 2. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the district engineer has determined that adequate water and sewer facilities are available at the time of permit issuance and will continue to be available until time of occupancy. 4. Developer shall submit to the city planner, a reproducible 24" x 36", mylar copy of the Site Plan and conceptual grading plan reflecting the conditions approved by the final decision making body. The reproducible shall be submitted to the city planner, reviewed and, if acceptable, signed by the city's project engineer and project planner prior to submittal of the building plans, improvement plans or grading plans whichever occurs first. ~.·f[:IJ.·~ Community & Economic Development V 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax I www.carlsbadca.gov .. CUP 11-06/HMP 11-05 April 25, 2012 Page 2 • • 10. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. The property owner shall maintain this condition. Fees/Agreements 12. Developer shall cause property owner to execute and submit to the city engineer for recordation, the city's standard form Geologic Failure Hold Harmless Agreement. 13. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 14. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Odor Impact Hold Harmless Agreement. 15. Developer shall cause property owner to submit an executed copy to the city engineer for recordation a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement. 17. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for recordation, an Encroachment Agreement covering private sidewalk, driveway enhanced pavement and trees located over proposed public sewer and water easements as shown on the site plan. Developer shall pay processing fees per the city's latest fee schedule. 22. Prior to approval of any grading or building permits for this project, developer shall cause owner to give written consent to the city engineer for the annexation of the area shown within the boundaries of the site plan into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the city engineer. Grading 27. 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. Developer shall prepare and submit plans and technical studies/reports for city engineer review, post security and pay all applicable grading plan review and permit fees per the city's latest fee schedule. 32. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention • CUP 11-06/HMP 11-05 April 25, 2012 Page 3 and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 33. Prior to the issuance of a grading permit, developer shall submit to the city engineer receipt of a Notice of Intent from the State Water Resources Control Board. 34. Prior to the issuance of grading permit or building permit, whichever occurs first, developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP). The TIER 3 SWPPP shall comply with current requirements and provisions established by the San Diego Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff during construction of the project to the maximum extent practicable. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 36. This project is subject to 'Priority Development Project' requirements. Developer shall prepare and process a Storm Water Management Plan {SWMP), subject to city engineer approval, to demonstrate how this project meets new/current storm water treatment requirements per the city's Standard Urban Storm Water Management Plan (SUSMP), latest version. In addition to new treatment control BMP selection criteria in the SUSMP, the developer shall use low impact development (site design) approaches to ensure that runoff from impervious areas (roofs, pavement, etc) are drained through landscaped (pervious) areas prior to discharge. Developer shall pay all applicable SWMP plan review and inspection fees per the city's latest fee schedule. 38. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc) incorporate all source control, site design, treatment control BMP, applicable hydromodification measures, and Low Impact Design {LID) facilities. 40. Developer shall submit documentation, subject to city engineer approval, demonstrating how this project complies with Hydromodification requirements per the city's SUSMP, latest version. Documentation shall be included within the Storm Water Management Plan (SWMP). ##. Prior to issuance of a grading permit, developer shall obtain SDG&E's approval of the proposed encroachments and grading within the onsite SDG&E easement. Approval shall be in the form of an authorized signature on the grading plans or other means to the satisfaction of the City Engineer. Dedications/Improvements CUP 11-06/HMP 11-05 April 25, 2012 Page 4 46. Developer shall cause owner to dedicate an easement to the city for sewer purposes and an easement to the Carlsbad Municipal Water District for water pipeline purposes, all as shown on the site plan. The offer shall be made by a separate recorded document. All land so offered shall be free and clear of all liens and encumbrances and without cost to the city. Streets that are already public are not required to be rededicated. Additional easements may be required at final design to the satisfaction of the city engineer. 48. Developer shall design the private drainage systems, as shown on the site plan to the satisfaction ofthe city engineer. All private drainage systems {12" diameter storm drain and larger) shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. 49. Developer shall prepare and process public improvement plans and, prior to city engineer approval of said plans, shall execute a city standard Development Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements shown on the SITE PLAN. Said improvements shall be installed to city standards to the satisfaction of the city engineer. These improvements include, but are not limited to: A. Water pipeline and related appurtenances. B. Sewer pipeline and related appurtenances Developer shall pay the standard improvement plan check and inspection fees. Improvements listed above shall be constructed within 36 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 57. Developer shall design, and obtain approval from the city engineer, the structural section for the access aisles with a traffic index of 5.0 in accordance with city standards due to truck access through the parking area and/or aisles with an ADT greater than 500. Prior to completion of grading, the final structural pavement design of the aisle ways shall be submitted together with required R-value soil test information subject to the review and approval of the city engineer. ##. Prior to the issuance of a building permit, Developer shall process for vacation the City of Carlsbad Sewer Easement shown on Map No. 10198; filed September 15, 1981. Said vacation shall be recorded following abandonment of the sewer pipe. ##. Prior to the issuance of a building permit, Developer shall provide proof that the easement for the existing Buena Sanitation District sewer pipe line recorded January . . . CUP 11-06/HMP 11-05 April 25, 2012 Page 5 • • 5, 1965 as instrument No. 1288 and September 21, 1965 as instrument No. 171355 has been vacated subject to the District's satisfaction. ##. Prior to the issuance of a building permit, Developer shall provide proof that the easement for the existing San Marcos County Water District pipe line together with the right of ingress and egress purposes recorded March 4, 1981 as instrument No. 81- 065865 has been vacated subject to the District's satisfaction. Utilities 60. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the district engineer. 61. Developer shall design and construct public facilities within public right-of-way or within minimum 20-foot wide easements granted to the district or the City of Carlsbad. At the discretion of the district or city engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. 62. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 63. The developer shall design landscape and irrigation plans utilizing recycled water as a source and prepare and submit a colored recycled water use map to the Planning Department for processing and approval by the district engineer. 64. Developer shall install potable water and/or recycled water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public improvement plans. 65. The developer shall install sewer laterals and clean-outs at locations approved by the city engineer. The locations of sewer laterals shall be reflected on public improvement plans. 66. The developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the site plan to the satisfaction of the district engineer and city engineer. Code Reminders I • I .. CUP 11-06/HMP 11-05 April 25, 2012 Page 6 • • The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 80. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 ofthe City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the site plan are for planning purposes only. If you or the applicant has any questions regarding the above, please either see or call me at extension 2781. David Rick Associate Engineer-Land Development Engineering • Discretionary Review Checklist PROJECT NUMBER: CUP 11-06/ GPA 11-08/ HMP 11-05/ ZC 11 BUILDING ADDRESS: TBD -Palomar Oaks Way PROJECT New Hotel DESCRIPTION: ASSESSOR'S PARCEL NUMBER: --=2::....:1..::..3-....::.0-=-91.:_-0=...::6=------- FIRE DEPARTMENT APPROVAL The item you have submitted for review has been approved. The approval is based on plans, information and/or specifications provided in your submittal; therefore, any changes to these items after this date, including field modifications, must be reviewed by this office to insure continued conformance with applicable codes. Please review carefully all comments attached, as failure to comply with instructions in this report can result in suspension of permit to build. By: Date: ATTACHMENTS DENIAL Please see the attached report of deficiencies marked with l&:1. Make necessary corrections to plans or specifications for compliance with applicable codes and standards. Submit corrected plans and/or specifications to this office for review. By: ~RIM Date: 12/06/11 By: {j.~an Date: 4.11.12 By: Date: FIRE DEPARTMENT CONTACT PERSON NAME: Gregory L Ryan Deputy Fire Marshal ADDRESS: 1635 Faraday Ave Carlsbad, CA 92008 PHONE: (760) 602-4663 • REVIEW CHECKLIST SITE PLAN 1. Access: 8 Dead-End access. Dead-end streets, aisles and driveways shall not be permitted. Fire has agreed to allow the installation of a manually operated gate or similar barrier at the end of the rive aisle where it intersects with the adjoining property to the South-East. lif Fire Lanes. If fire lanes are designated they shall become the responsibility of the developer to have said access restrictions recorded, that the owner is responsible to provide and maintain to identify and ensure enforcement of those designated access. Owner shall obtain a reciprocal access letter with adjacent property owner as access across their parcel will benefit this project in event of an emergency . .,_-----------------......-----_ Fire shall contact the adjoining property owner and secure their commitment to an agreement. 1. Hydrants FIRE SPRINKLERS D 1. An automatic fire sprinkler system: ~--..,---- ltr Where are you proposing that the fire sprinkler riser is to be installed, Fire Code requires that you provide us with a room or area accessible from the exterior for both the fire sprinkler riser and the fire alarm control panel. (t~ CITY OF ~CARLSBAD • Memorandum April 11, 2012 To: Dan Halverson, Project Planner From: David Rick, Project Engineer Via: Glen Van Peski, Engineering Manager Re: CUP 11-06/HMP 11-05 FAIRFIELD CARLSBAD THIRD ISSUES REVIEW • Land Development Engineering has completed its review of the above referenced project for compliance with the previously determined issues. The project still has issues that must be addressed. The following is a list of these issues: 1. I did not receive the hard copy of the email from SDG&E referenced in the letter from Planning Systems dated March 14, 2012. Please submit a copy of this letter with your next submittal. The letter from SDG&E should acknowledge that the proposed improvements will not interfere with the reasonable use of their easement. 2. Please address red lined comments on the attached site, grading and drainage plan. If you or the applicant has any questions regarding the above, please either see or call me at extension 2781. David Rick Associate Engineer-Land Development Engineering Attachment: Redlined site and grading plans Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax I www.carlsbadca.gov • March 23, 2012 TO: FROM: RE: Dan Halverson, Assistant Planner Chris DeCerbo, Principal Planner Bridget Desmarais, Administrative Secretary Sabrina Michelson, Senior Office Specialist Michael Elliott, City of Carlsbad's Contract Landscape Architect Landscape Architectural Review-Conceptual Review-3rd Review Fairfield Carlsbad, CUP 11-06 Palomar Oaks Way PELA file: 438 ~Fairfield Carlsbad~ Con3 Landscape Architect: Planning Systems, Phone: (760) 931-0780 Please advise the applicant to make the following revisions to the plans so that they will meet the requirements of the City of Carlsbad's Landscape Manual. Numbers below are referenced on the red line plans where appropriate for ease in locating the area of the comment concern. REPEAT COMMENTS 1-14 Completed. 15. Please provide a colored or hatched plan sho·.ving areas proposed for the use ofrecycled versus potable water. This plan will be forwarded to Public 'Norks Maintenance and Operations for revievt'. 2ae Review: Please revise the ·.vater use plan to shovt' areas proposed for future recycled water as recycled, and all areas to remain potable as potable. 3rd Review: The water use plan has been forwarded to CMWD for review. Any comments will be returned to the applicant. 16-21 Completed. 22. RETURN RED LINES and provide 2 copies of all plans (concept, water conservation, fire protection, and colored water use plan) for the next submittal. 1A-2A Completed. NEW COMMENTS lB. Please indicate the size of the Quercus to be installed. • CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: DECEMBER 5, 2011 PROJECT NO(S): GPA 11-08, ZC 11-03, CUP 11-06, HMP 11-05, HMP 11-06 PROJECT TITLE: FAIRFIELD INN CARLSBAD APPLICANT: SURYA LP REVIEW NO: 2 ----------------------------------------------------~ TO: [8] Land Development Engineering-Terie Rowley 0 Police Department -J. Sa sway [8] Fire Department-Greg Ryan 0 Building Department-Will Foss 0 Recreation -Mark Steyaert 0 Public Works Department (Streets)-Nick Roque 0 Water/Sewer District [8] Landscape Plancheck Consultant-PELA 0 School District 0 North County Transit District-Planning Department 0 Sempra Energy-Land Management 0 Caltrans (Send anything adjacent to 1-5) 0 Parks/Trails-Liz Ketabian *ALWAYS SEND EXHIBITS FROM: PLANNING DEPARTMENT Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK in the Planning Department at 1635 Faraday Avenue, by 12/26/2011. If you have "No Comments/' please so state. If you determine that there are items that need to be submitted to deem the application "complete" for processing, please immediately contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thankyou ~ , COMMENTS: ~£JY~ 1 ~ fAA,~ b-eeA yeql.fLt1.e~.- ~gnature PLANS ATTACHED Review & Comment ~ Pvz-(c ~'"'--S )~ 0-f _$/U-b\ -- A-!U-k. -05/11 ~~~"CITY OF ¥~CARLSBAD • • Memorandum December 21, 2011 To: Dan Halverson, Project Planner From: David Rick, Project Engineer Via: Glen Van Peski, Engineering Manager Re: CUP 11-06/GPA 11-08/ZC 11-03/HMP 11-05/HMP 11-06 FAIRFIELD CARLSBAD 2ND ISSUES REVIEW Land Development Engineering has completed its review of the above referenced project for compliance with the previously determined issues. The project still has issues that must be addressed. The following is a list of these issues: 1. Obtain a letter from SDG&E acknowledging that they have reviewed the plans and that they accept the proposed improvements within their easement. 2. One ofthe two sewer mains located in the Buena Sanitation District's sewer easement traversing the northerly portion of the property is approximately 20 to 25 feet deep (the other main is a shallower force main). This deep, gravity flowing sewer main is under a 10 foot wide easement. It is currently owned by Buena Sanitation District but will soon be transferred to the City of Carlsbad. Because of the excessive depth, a wider easement of 30 feet will be needed. Since no structures are allowed in the sewer easement as they create an obstacle to maintenance and repair crews, the pool, monument sign, hotel building, etc. will need to be relocated outside this easement. The building will need to be positioned or structurally altered so that it does not impose a surcharge on the sewer pipe. Describe using preliminary plan details and/or notes the method recommended (i.e. deepened footings, piers as recommended in the soils report, etc.). Final design can be analyzed when plans for grading and improvements are processed. 3. Please address redlined comments on the attached site plan, landscape plan and grading and drainage plan. 4. Please address redlined comments on the attached soils report, SWMP and drainage report. Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax I www.carlsbadca.gov Fairfield Carlsbad December 21, 2011 Page 2 • • If you or the applicant has any questions regarding the above, please either see or call me at extension 2781. , David Rick Associate Engineer-Land Development Engineering Attachment: Redlined site, grading and landscape plans Redlined soils report Redlined drainage report Redlined SWMP • CITY OF CARLSBAD REVIEW AND COMMENT MEMO DATE: SEPTEMBER 22, 2011 PROJECT NO(S): CUP 11-06, HMP 11-05, GPA 11-08, ZC 11-03, HMP 11-06 PROJECT TITLE: FAIRFIELD CARLSBAD APPLICANT: PAUL J KLUKAS-PLANNING SYSTEMS TO: IZJ land Development Engineering-Terie Rowley IZJ Police Department-J. Sasway IZJ Fire Department-Greg Ryan IZJ Building Department-Will Foss 0 Recreation -Mark Steyaert 0 Public Works Department (Streets)-Nick Roque • REVIEW NO: 1 0 Water/Sewer District IZJ landscape Plancheck Consultant -PELA 0 School District 0 North County Transit District-Planning Department 0 Sempra Energy -land Management 0 Caltrans (Send anything adjacent to 1-5) 0 Parks/Trails-liz Ketabian *ALWAYS SEND EXHIBITS FROM: PLANNING DEPARTMENT Please review and submit written comments and/or conditions to the PLANNING TRACKING DESK in the Planning Department at 1635 Faraday Avenue, by 10-12-2011. If you have "No Comments," please so state. If you determine that there are items that need to be submitted to deem the application "complete" for processing. please immediately contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you COMMENTS: ~'-l~lf'Y ~ 'P~T/T ~tvST~tc-Tf()"lV pUttit..IS TO V* "f!?l1tfc0fAJ& Dt~IStlf>A-! ('OkL.(r;t.ltllJ& '(.:),~CJ?ErttfN*o Mr'HV~-A1J ltt:.?£$?tr.aU" PA-rli: 4F 1"'~EL {() --7-2U {[ Signature Date PLANS ATTACHED Review & Comment 05/11 ' ... . (i) • • CITY OF CARLSBAD Police Department www.carlsbadca.gov Date: October 6, 2011 To: Planning tracking desk From: J. Sasway, PIO, Police Subject: Fairfield Carlsbad, CUP 11-06 Plan Review Recommendations Carlsbad Police Department's Crime Prevention Unit has provided the following optimal security recommendations. The purpose of this document is to safeguard property and public welfare by regulating and reviewing the design, construction, quality of materials, use and occupancy, location, and maintenance of all buildings and structures. The standards used in this document represent model international standards. Crime Prevention through Environmental Design The proper design and effective use of the built environment can lead to a reduction in the fear and incidence of crime and an improvement in the quality of life. The proper design influences this by positively affecting human behavior. The design includes the physical environment, the planned behavior of people, the productive use of space and an effective crime/loss prevention program. Natural Surveillance 1. Place and design physical features to maximize visibility. This will include building orientation, windows, entrances, walkways, landscape trees and shrubs, fences and any other physical obstruction. 2. Design the placement of persons and or activities to maximize surveillance possibilities. 3. Design lighting that provides for appropriate nighttime illumination of walkways, entrances and driveways. Natural Access Control 1. Use walkways, pavement, lighting and landscaping to clearly guide residents and guests to and from selected entrances. 2. Use real or symbolic barriers like fences or landscaping to prevent and or discourage access to or from dark and or unmonitored areas. Provisions for territorial reinforcement 1. Use pavement treatments, landscaping and fences to define and outline ownership or property. Lighting 1. All types of exterior doors should be illuminated during the hours of darkness, with a minimum maintained one (1) foot-candle of light, measured within a five-foot radius on each side of the door at ground level. 2. Recessed areas of buildings or fences, which have a minimum depth of two feet, a minimum height of five feet, and do not exceed six (6) feet in width and are capable of human concealment, should be illuminated with a minimum maintained 0.25 foot-candles of light at ground level during the hours of darkness. This recommendation applies to defined recessed areas, which are within six feet of the edge of a designated walking surface with an unobstructed pathway to it, not hindered by walls or hedgerow landscaping a «~~ minimum of two (2) feet in height. ~ 2560 Orion Way, Carlsbad, CA 92010-7240 T 760-931-2100 F 760-931-8473 • • 3. All exterior pedestrian walkways, stairways, interior common corridors, external community areas and open parking areas should be illuminated with a minimum maintained one (1) foot-candle of light on the walking or driving surface during the hours of darkness. 4. Accessible luminaries should have vandal resistant light fixtures and be not less than three feet in height from ground level when used to illuminate walkways and a minimum of eight feet in height from ground level when illuminating surfaces associated with vehicles. Light fixtures should be deemed accessible if mounted within fifteen feet vertically or six feet horizontally from any accessible surface or any adjoining roof, balcony, landing, stair tread platform or similar structure. 5. Overhead light poles should not be placed in an area planted with shade trees or other canopy producing species. Only basic ground cover, including but not limited to hedges and shrubs, should be used. 6. The parking and drive surface lighting should have a rated average bulb life of not less than 10,000 hours. Landscaping 1. Plan a landscaping design that enhances surveillance and security. 2. Tree canopies should be no lower than six (6) feet and should not allow access to roofs or balconies. 3. Let landscaping augment, not deter from lighting and addressing. 4. Plant only low profile shrubs and maintain below two (2) feet. 5. Use security plants where necessary to prevent entering and tampering. 6. Install walls and fences that are see through for surveillance. 7. Install lockable gates that allow surveillance 8. Keep entranceways clear of clutter Addressing 1. Locate numerals where they are clearly visible from the front street 2. They should be a contrasting color to the background on which they are affixed. 3. Numerals shall be no less than four (4) inches in height and illuminated during the hours of darkness. Entrance Gates, Doors and Fencing 1. All communal entrance gates and doors including internal doors but except the lobby should have a 24 hour managed controlled access for personal safety and security of the guests and employees. 2. Outer fencing should contain the property forcing non-guests to enter only through the lobby. 3. Fencing and gates should be protected in such a way to prevent a non-guest from reaching over the gate and accessing the push release. 4. Gates and fencing should allow surveillance. Lobby 1. The registration desk should have a view of all guests entering the lobby and a person entering the lobby should be required to pass the registration desk to go anywhere else in the hotel. 2. The registration desk and any other area that handles cash should be equipped with a panic button and be under managed camera surveillance. 3. It is recommended that the lobby in general and the registration area be under managed camera surveillance. Doors 1. Install hollow steel doors that are a minimum sixteen (16) U.S. gauge and have sufficient reinforcement to maintain the designed thickness of the door when any locking device is installed. 2. Only use glass doors with fully tempered glass or rated burglary resistant glazing. Protect all exterior doors with security hardware. 3. Equip all exterior doors with a latch cover constructed of steel. Ensure the latch cover is a minimum of .125 inch thick. Attach the latch cover to the outside by welding or with non-removable bolts spaced apart on not more than ten-inch centers. • .. • • 4. Construct the jamb of all aluminum frame-swinging doors to withstand 1600 pounds of pressure in both a vertical distance of three inches and horizontal distance of one inch each side of the strike, to prevent violation of the strike. 5. Equip rear doors used for shipping and receiving, employee entrances and guest rooms with a viewer. 6. A single or double door shall be equipped with a double cylinder dead bolt with a bolt projection exceeding one inch or a hook-shaped or expanding deadbolt that engages the strike sufficiently to prevent spreading. The dead bolt lock shall have a minimum of five-pin tumblers and a cylinder guard. 7. Install wooden doors of solid core construction with a minimum thickness of one and three-fourths (1-3/4) inches. 8. Provide a double door inactive leaf with metal flush bolts having a minimum embedment of five-eighths (5/8) of an inch into the header and footer of the doorframe. Strike Plates 1. Reinforce all dead bolt strike plates. Choose Strike plates constructed of a minimum 16 U.S. gauge steel, bronze, or brass and secure it to the jamb by a minimum of two screws, which should penetrate at least two (2) inches into the solid backing beyond the surface to which the strike is attached. Window and sliding glass doors 1. All exterior sliding glass doors and windows should be equipped with locking devices which will keep the sliding panel of the door or window from being opened from the outside horizontally or vertically. Stairways 1. Interior doors should have glazing panels a minimum of five inches wide and 20 inches in height and meet requirements of the Uniform Building Code. 2. Areas beneath stairways at or below ground level shall be fully enclosed or access to them restricted. 3. Stair towers and elevators have been the highest risk for personal injury as they are typically enclosed. Stairways should be designed to be completely visible from either the interior or exterior or both, unless mandated by the Uniform Building Code to be enclosed. 4. Fully enclosed interior or exterior stairways with solid walls, when required, should have shatter resistant mirrors or other equally reflective material at each level and landing and be designed or placed in such a manner as to provide visibility around corners. Elevators 1. Elevator cabs with interiors that are not completely visible when the door is open from a point centered on and 36 inches away from the door, shall have shatter resistant mirrors or other equally reflective material so placed as to make visible the entire elevator cab from this point. 2. The elevator cab should be illuminated at all times with a minimum maintained two foot-candles of light at floor level. This information is a representation of information gathered on a national level. The purpose is to provide effective and consistent information. If you would like additional assistance concerning building security or employee security issues, please contact the Crime Prevention Unit at (760) 931-2105. By, Jodee Sasway Public Information Officer City of Carlsbad Police Department (760) 931-2195 August 16, 2016 Neil Patel Excel Hotel Group Suite 100 10660 Scripps Ranch Boulevard San Diego, CA 92131 ·fuD'Wlt4 m <ZIIg [I w FILE City of Carlsbad RE: CUP 11-06-ROOFTOP EQUIPMENT AT FAIRFIELD INN Dear Mr. Patel, City staff conducts an annual review for all approved Conditional Use Permits to verify compliance with approved plans and conditions of approval. The most recent annual review revealed that there is rooftop equipment that is in need of screening. It was observed that there is white piping on the roof that is visible from Palomar Airport Road, Palomar Oaks Way, and adjacent properties. The equipment was not shown on the approved plans for the Conditional Use Permit. Please contact me in working out a solution to visually screen the piping. You can reach me at 760-602-4631, or austin.silva@carlsbadca.gov. Sincerely, Aldli!L Assistant Planner AS:sj c: Scott Rudinger, Code Compliance Officer File Copy Community & Economic Development Planning Division 11635 Faraday Avenue Carlsbad, CA 92008-73141760-602-4600 1760-602-8560 f I www.carlsbadca.gov .. .,df~.A,. C I T Y 0 F VcARLSBAD • • Community & Economic Development October 29, 2012 www.carlsbadca.gov Coffey Engineering 10660 Scripps Ranch Blvd., Ste. 102 Attn. Dan Valdez San Diego, CA 92131 SUBJECT: NOTICE OF RESTRICTION -CUP 11-o6-FAIRFIELD INN CARLSBAD Dear Applicant: Please find the enclosed Notice of Restriction that needs to be signed, notarized, and returned for recordation. This is to fulfill a condition of approval of the CUP 11-06. Please ensure the following items are addressed prior to returning the Notice of Restriction: ./ Correct Notary Acknowledgement Required (Effective January 1, 2008, all Certificates of Acknowledgement used by a California notary on a document that will be recorded in the State of California must NOT HAVE "PERSONALLY KNOWN TO ME" in the acknowledgement. (Assembly Bill 886, Chapter 399)) ./ Document must be properly notarized . ./ Name on signature page and name on Notarial Acknowledgement must match . ./ Property owner's signatures/initials must be the same as on Notary Acknowledgement . ./ Notary seal cannot be blurry/too light (County will not record the document if any portion of the Notary Seal is blurry or too light) ./ Include property owner's name in the designated space above the owner's signature . ./ Please pay particular attention to the signature requirements at the bottom of the signature page. It is our goal to assist you in getting the Notice of Restriction recorded as expeditiously as possible. If you have any questions or need additional assistance, please contact Michele Masterson, Senior Management Analyst at (760) 602-4615 or via email at michele.masterson@carlsbadca.gov. 7i61 Austin Silva, AI{; Assistant Planner c: CED Senior Management Analyst File Copy · Planning Division ~· 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® _,if~_A CITY OF VcARLSBAD Planning Division September 12, 2012 Coffey Engineering • 10660 Scripps Ranch Blvd., Ste. 102 Attn. Dan Valdez San Diego, CA 92131 • SUBJECT: NOTICE OF RESTRICTION -CUP ll-o6-FAIRFIELD INN CARLSBAD Dear Applicant: a FILE www.carlsbadca.gov Please find the enclosed Notice of Restriction that needs to be signed, notarized, and returned for recordation. This is to fulfill a condition of approval of the CUP 11-06. Please ensure the following items are addressed prior to returning the Notice of Restriction: ./ Correct Notary Acknowledgement Required (Effective Januarv 1. 2008. all Certificates of Acknowledgement used by a California notary on a document that will be recorded in the State of California must NOT HAVE "PERSONALLY KNOWN TO ME" in the acknowledgement. (Assembly Bill 886, Chapter 399)) ./ Document must be properly notarized . ./ Name on signature page and name on Notarial Acknowledgement must match . ./ Property owner's signatures/initials must be the same as on Notary Acknowledgement. ./ Notary seal cannot be blurry/too light (County will not record the document if any portion of the Notary Seal is blurry or too light} ./ Include property owner's name in the designated space above the owner's signature . ./ Please pay particular attention to the signature requirements at the bottom of the signature page. It is our goal to assist you in getting the Notice of Restriction recorded as expeditiously as possible. If you have any questions or need additional assistance, please contact Michele Masterson, Senior Management Analyst at {760) 602-4615 or via email at michele.masterson@carlsbadca.gov. sd:tJ/ AUSTIN SILVA, AICP Assistant Planner c: CEO Senior Management Analyst File Copy T 760-602-4600 F 760-602-8559 -------------------------------, 4~.A._ CITY OF VcARLSBAD • • LJ FILE Planning Division May 15, 2012 www.carlsbadca.gov Planning Systems Attn: Paul Klukas 1530 Faraday Avenue, Suite 100 Carlsbad, CA 92008 SUBJECT: CUP 11-06/HMP 11-05-FAIRFIELD INN CARLSBAD The preliminary staff report for the above referenced project will be sent to you via email on Wednesday, May 23, 2012, after 8:00 a.m. This preliminary report will be discussed by staff at the Development Coordinating Committee (DCC) meeting which will be held on May 29, 2012. A twenty (20) minute appointment has been set aside for you at 9:30 AM. If you have any questions concerning your project you should attend the DCC meeting. It is necessary that you bring the following required information with you to this meeting or provide it to your planner prior to the meeting in order for your project to go forward to the Planning Commission: 1. Unmounted colored exhibit(s) of your site plan and elevations; and 2. A PDF of your colored site plan and elevations. The colored exhibits must be submitted at this time to ensure review by the Planning Commission at their briefings. If the colored exhibits are not available for their review, your project could be rescheduled to a later time. The PDF of your colored site plan and elevations will be used in the presentation to the Planning Commission and the public at the Planning Commission Hearing. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) and the PDF here by the scheduled time above. Should you wish to use visual materials in your presentation to the Planning Commission, they should be submitted to the Planning Division no later than 12:00 p.m. on the day of a Regular Planning Commission Meeting. Digital materials will be placed on a computer in Council Chambers for public presentations. Please label all materials with the agenda item number you are representing. Items submitted for viewing, including presentations/digital materials, will be included in the time limit maximum for speakers. All materials exhibited to the Planning Commission during the meeting (slides, maps, photos, etc.) are part of the public record and must be kept by the Planning Division for at least 60 days after final action on the matter. Your materials will be returned upon written request. If you need additional information concerning this matter, please contact your Planner, Dan Halverson at (760) 602-4631. Sincerely, \lAu DON NEU, AICP City Planner DN:DH:sm c: Surya, LP, 10660 Scripps Ranch Boulevard, Suite 100, San Diego, CA 92131 File Copy David Rick, Project Engineer 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® . ' • • Planning Division www.carlsbadca.gov May 3, 2012 Planning Systems Attn: Paul Klukas 1530 Faraday Avenue, Suite 100 Carlsbad, CA 92008 RECEIVED MAY 0 9 2012 CITY OF CARLSBAD PLANNING DIVISION SUBJECT: CUP 11-06/HMP 11-05-FAIRFIELD INN CARLSBAD Your application has been tentatively scheduled for a hearing by the Planning Commission on June 6, 2012. However, for this to occur, you must submit the additional items listed below. If the required items are not received by May 14, 2012, your project will be rescheduled for a later hearing. In the event the scheduled hearing date is the last available date for the City to comply with the Permit Streamlining Act, and the required items listed below have not been submitted, the project will be scheduled for denial. 1. Please submit the following plans: A) Nine (9) copies of your (site plans, landscape plans, building elevation plans, floor plans) on 24" x 36" sheets of paper, stapled in complete sets folded into 9" x 12" size. B) One 8%" x 11" copy of your reduced site plan, building elevation and floor plans. These copies must be of a quality which is photographically reproducible. Only essential data should be included on plans. C) Please provide colored elevation and site plan, 24" x 36" full size color drawing, of the proposed project. These color exhibits are not due until the scheduled DCC meeting on May 29, 2012. Also, email a PDF copy of the color exhibits to: Daniei.Halverson@carlsbadca.gov so that it may be used in staff's PowerPoint presentation. 2. As required by Section 65091 of the California Government Code, please submit the following information needed for noticing and sign the enclosed form: A) 600' Owners List - a typewritten list of names and addresses of all property owners, including all forms of interval ownership, within a 600 foot radius of the subject property, including the applicant and/or owner. The list shall include the San Diego County Assessor's parcel number from the latest equalized assessment rolls. T 760-602-4600 F 760-602-8559 ® CUP 11-06-FAIRFIELD IN,ARLSBAD May 3, 2012 • Page2 B) Mailing Labels-If the number of owners within tho 600 foot radius is 1,000 or greater, a display advertisement in two papers of general circulation will be placed in lieu of direct mailing and labels will not be required to be submitted. If the number of owners within the 600 foot radius is less than 1,000, please submit two (2) separate sets of mailing labels of the property owners within a 600 foot radius and occupants within a 1 00 foot radius of the subject property. For any address other than a single-family residence, an apartment or suite number must be included. DO NOT provide addressed envelopes -PROVIDE LABELS ONLY. Acceptable fonts are: Aria I 11 pt, Aria I Rounded MT Bold 9 pt, Courier 14 pt, Courier New 11 pt, and MS Line Draw 11 pt. Sample labels are as follows: ACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave., Apt #3 Carlsbad, CA 92008 ACCEPTABLE (with APN) 209-060-34-00 MRS JANE SMITH APT3 123 MAGNOLIA AVE CARLSBAD CA 92008 D) Radius Map-a map to scale, not less than 1" = 200', showing all lots entirely and partially within 600 feet of the exterior boundaries of the subject property. Each of these lots should be consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the City Planner if the required scale is impractical. E) Fee - a fee shall be paid for covering the cost of mailing notices. Such fee shall equal the current postage rate times the total number of labels. In the case of ownership list that is 1,000 or greater, the fee is equal to the current cost of publishing an 118 page ad in two newspapers of general circulation. Cash check (payable to the City of Carlsbad) and credit cards are accepted. DANIEL HALVERSON Assistant Planner DH:sm Attachment c: Surya, LP, 10660 Scripps Ranch Boulevard, Suite 100, San Diego, CA 92131 soG/' liillttijjjffll! E • MSouthern California Gas Companye ~ Sempra Energfutilities April23, 2012 Coffey Engineering, Inc Attn: Mr. Dan Valdez 10660 Scripps Ranch Blvd, Suite 102 San Diego, CA 92131-1077 Mr. Valdez, fred Clark Land Management Rep 8335 Century Park Court CP-11 San Diego, CA 92123·1569 Tel: 858 654·1201 fax: 858 654·0286 fwclarksr®semprautilites.com Conceptual Permission is hereby granted to Surya, LP, to grade and construct improvements as shown on the City of Carlsbad Conditional Use Permit (CUP) #11-06 within San Diego Gas & Electric Company's easement(s) subject to the following conditions: · 1. Submittals: 1.1. Permittee agrees to supply SDG&E with 'as built' grading, improvement and profile plans to SDG&E specifications, if requested. 1.2. Permittee agrees to submit for review and approval a blasting plan prior to blasting, if blasting is required. 2. Pre-Construction Meetings: SDG&E's Land Management Representative (LMR) must be invited with at least three (3) working days prior notice. 3. Grading: 3.1. At least twenty-four (24) hours notice must be given to SDG&E's LMR before start of work. 3.2. Field changes to plans within said easement shall be approved in writing by SDG&E LMR. 3.3. Permittee is responsible to call DIG ALERT at 1-800-227-2600 for all underground mark-out locations. 3.4. Clearance of (35) feet minimum between the SDG&E electric transmission wires and the natural ground shall be maintained on any given day, noting line sags vary depending on ambient temperature and line current. All CAL .. OSHA requirements for clearances between when working around energized electrical facilities must be maintained. 3.5. No grading shall be allowed within ten (10) feet of a single wood pole structure or anchor, within fifteen (15) feet of multi-wood poles, within twenty (20) feet of steel lattice towers or within thirty (30) feet of steel poles. 3.6. SDG&E reserves the right to inspect and perform quality control work during construction. 4. Special Conditions: 1.1 Owner: Surya, LP, 10660 Scripps Ranch Blvd. Suite 100, San Diego, CA. 92131 1.2 Reference City of Carlsbad Conditional Use Permit (CUP) #11-06 1.3 Proposed storm inlet located at the Southwest comer and within the SDG&E easement subject to relocation during design. 5. Erosion Control: 5.1. All disturbed and created slopes, within the SDG&E transmission easement, shall be hydro-seeded or planted by Permittee with an SDG&E approved mix. • • 5.2. All drainage shall be designed to prevent erosion of SDG&E easement and access roads. • 6. Storage: The permission to grade Jetter does not permit storage of equipment, materials, dirt or debris on the easement or SDG&E fee owned property. 7. Access: 7.1. Access to all SDG&E facilities shall be maintained at all times. All costs associated with restoration of access and all associated damages shall be borne by Permittee. 7.2. All gates shall provide for SDG&E access by padlock, Jock-box or keyed bypass both during and upon completion of construction. Location and construction of gates to be approved by SDG&E LMR. 8. Outstanding Agreements: Permittee agrees to pay for, sign and/or have signed all Consent Agreements, Consent to Use Land Agreements and/or Joint Use Agreements between SDG&E and owner or public agencies who encroach upon the SDG&E easements. Said agreements will be subject to the revocability clause as stated in the California Public Utilities Commission General Order 69-C as shown on web site: http://www.cpuc.ca.gov/PUBLISHED/Graphics/645.PDF. 9. Indemnification: 9.1. Permittee agrees to assume all risk of Joss, damage to property and/or injury and/or death to persons, and to indemnify and hold SDG&E harmless from any and all liability in any way arising from the proposed grading or construction of improvements. 9.2. SDG&E shall not be responsible in any manner for any maintenance or repair of the proposed grading or improvements. This includes, but is not limited to, drainage and/or erosion problems or damage caused to improvements that were not constructed to take the weight or activities of vehicles and equipment owned by or working on behalf of SDG&E. 10. Terms and Conditions: The terms and conditions of this approval shall benefit and bind Permittee its successors, assigns, agents or contractors. 11. Contact: Fred Clark, Lands Management Representative at 858-654-1201. This boxed note to be on every sheet where transmission easement is shown. San Diego Gas & Electric Company Reviewed By: __________ Date ____ _ Fred Clark Land Management Representative Valid for 18 months from date of signature Please contact me should you have any questions. ~~ Fred Clark Land Management Representative . . \. PLANNING I SYSTEMS • April20, 2012 Mr. Dan Halverson CITY OF CARLSBAD Planning Department 1635 Faraday Ave. Carlsbad, CA 92008 LAND USE/COASTAL PLANNING LANDSCAPE ARCHITECTURE o LA3900 POLICY AND PROCESSING ENVIRONMENTAL MITIGATION RECEIVED APR 2 3 2012 CITY OF CARLSBAD PLANNING DIVISION SUBJECT: RESPONSE TO 3rd REVIEW-GPA 11-09/ZC 11-03//CUP 11-06/HMP 11-05 FAIRFIELD INN CARLSBAD Dear Mr. Halverson: Per your letter dated April 16, 2012, identifying remaining Staff issues with the submittal package of the above-referenced application package and plans, Surya LP has commissioned modifications to the documents and plans as requested. To this end, attached with this cover letter please find the following: . • Four (4) copies of the revised Architecture, Engineering and Landscape Plan set • Two (2) copies of the letter from SDG&E • Redlined plans (return) Below are responses and methods that we are addressing the City comments, in the order of comments listed in the April 16 letter. ISSUES OF CONCERN Landscaping I5. 3'd Review: The water use plan has been forwarded to CMWD for review. Any comments will be returned to the applicant. Response: We have not yet received any further comments from CMWD. 22. Return Redlines and provide 2 copies of all plans. Response: The Redlines and copies of all plans are included with this resubmitta1 package. New Comment I B. Please indicate the size of the Quercus to be installed Response: The size of the Quercus has been added to the Landscape Plan sheet (Virginiana to be 48" to 60" box, Agrifolia to be 24" box). Engineering I. I did not receive the hard copy of the email from SDG&E referenced in the letter from Planning Systems dated March I4, 20 I2. Please submit a copy of this letter with your next submittal. The letter from SDG&E should acknowledge that the proposed improvements will not interfere with the reasonable use of their easement. Response: A letter of approval from SDG&E Planner Fred Clark, dated 4/23/12 is attached. 2. Please address redlined comments on the attached site, grading and drainage plan. 1 1530 FARADAY AVENUE o SUITE 100 o CARLSBAD, CA 92008 o (760) 931-0780 o FAX (760) 931-5744 o info@planningsystems.net Response: The redlined comments have been addressed on the revised engineering plan sheet. Fire Prevention: 1. 1'1 Comments: Dead-end streets, aisles and driveways shall not be permitted 2nd Comments: Fire has agreed to allow the installation of a manually operated gate or similar barrier at the end of the drive aisle where it intersects with the acijoining property to the southeast. Response: The plans have been revised to call out a manually-operated gate at the end of the parking lot drive aisle at the southeast comer of the project site. 2. 151 Comments: If fire lanes are designated they shall become the responsibility of the developer to have said access restrictions recorded, that the owner is responsible to provide and maintain to identifY and ensure enforcement of those designated access. Owner shall obtain a reciprocal access letter with acijacent property owner as access across their parcel will benefit this project in event of an emergency. 2nd Comments: Fire shall contact the acijoining property owner and secure their commitment to an agreement. Response: No action needed at this time. 3. 1'1 Comment: Water service main shall be looped, providing two points of connection. 2nd Comments: Is Fire to assume that the water service main is to be connected to the existing main coming onto this site from the acijoining site. Plans are not clear as to what is to be constructed beyond the end of the main. Response: The water main connections are shown on the revised plans. The call-outs have been removed at the request of the Engineering Department. 4. Where is the proposed fire sprinkler riser to be installed? Fire Code requires that you provide Fire with a room or area accessible from the exterior for both the fire sprinkler riser and the fire alarm control panel. Please clarifY on site plan. Response: The fire sprinkler riser is shown in the stair towers on the floor plans. We are hopeful that these revised plans suffice for Planning Commission hearing review. Sincerely, 1](/V//vl ')~ Paul J. Klukas Director of Planning cc: Neil Patel Enclosures j:).. .df~). C I T Y 0 F ~~'CARLSBAD • • LJ FILE Planning Division www.carlsbadca.gov April 16, 2012 Planning Systems Attn: Paul Klukas 1530 Faraday Avenue, Suite 100 Carlsbad, CA 92008 SUBJECT: CUP 11-06/HMP11-05-FAIFIELD CARLSBAD Dear Klukas, Your project was deemed complete on December 23, 2011. There are issues of concern with the project that remain to be resolved. The issues are listed on the attached page(s). All issues will need to be resolved prior to scheduling the project for a public hearing. Please contact me at (760) 602-4631, if you have any questions or wish to set up a meeting to discuss the application. DAN HALVERSON Assistant Planner DH:sm c: Surya, LP, 10660 Scripps Ranch Boulevard, Suite 100, San Diego, CA 92131 Chris DeCerbo, Team Leader David Rick, Project Engineer File Copy Data Entry 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® ,, • CUP 11-06/HMP11-05-FAIFIELD CARLSBAD April 16, 2012 Page 2 ISSUES OF CONCERN Landscaping: • Please make the following revisions to the plans so that they will meet the requirements of the City of Carlsbad's Landscape Manual. Numbers below are referenced on the red line plans where appropriate for ease in locating the area of the comment concern. REPEAT COMMENTS 1-14 Completed. 15. Please provide a colored or hatched plan showing areas proposed for the use of recycled versus potable water. This plan will be forwarded to Public 'Narks Maintenance and Operations for review. 2m~ Review: Please revise the water use plan to show areas proposed for future recycled '.Vater as recycled, and all -areas to remain potable as potable. :r Review: The water use plan has been forwarded to CMWD for review. Any comments will be returned to the applicant. 16-21 Completed. 22. RETURN REDLINES and provide 2 copies of all plans (concept, water conservation, fire protection, and colored water use plan) for the next submittal. (Note: Red/ine comments were given to the applicant prior to this letter per a request by the applicant). 1 A-2A Completed. New Comment: 1 B. Please indicate the size of the Quercus to be installed. Engineering: Land Development Engineering has completed its 3rd review of the above referenced project for compliance with the previously determined issues. The project still has issues that must be addressed. The following is a list of these issues: 1. I did not receive the hard copy of the email from SDG&E referenced in the letter from Planning Systems dated March 14, 2012. Please submit a copy of this letter with your next submittal. The letter from SDG&E should acknowledge that the proposed improvements will not interfere with the reasonable use of their easement. 2. Please address redlined comments on the attached site, grading and drainage plan. (*Note: Red line comments were given to the applicant prior to this letter per a request by the applicant). Fire Prevention: 1. 151 Comments: Dead-end streets, aisles and driveways shall not be permitted. ~d Comments: Fire has agreed to allow the installation of a manually operated gate or similar barrier at the end of the drive aisle where it intersects with the adjoining property to the southeast. • • CUP 11-06/HMP11-05-FAIFIELD CARLSBAD April16, 2012 Page 3 2. 15r Comments: If fire lanes are designated they shall become the responsibility of the developer to have said access restrictions recorded, that the owner is responsible to provide and maintain to identify and ensure enforcement of those designated access. Owner shall obtain a reciprocal access letter with adjacent property owner as access across their parcel will benefit this project in event of an emergency. ~d Comments: Fire shall contact the adjoining property owner and secure their commitment to an agreement. 3. 1st Comment: Water service main shall be looped, providing two points of connection. ~a Comments: Is Fire to assume that the water service main is to be connected to the existing main coming onto this site from the adjoining site. Plans are not clear as to what is to be constructed beyond the end of the main. 4. Where is the proposed fire sprinkler riser to be installed? Fire Code requires that you provide Fire with a room or area accessible from the exterior for both the fire sprinkler riser and the fire alarm control panel. Please clarify on site plan. Daniel Halverson From: Sent: To: Cc: Subject: • Don Wasko Wednesday, April 04, 2012 10:32 AM David Rick Glen Van Peski; Mark Biskup; Daniel Halverson RE: CUP 11-06 Fairfield Inn resubmittal Yes, we are good with this new alignment. Thanks, Don From: David Rick Sent: Wednesday, April 04, 2012 8:56AM To: Don Wasko Cc: Glen Van Peski; Mark Biskup; Daniel Halverson Subject: CUP 11-06 Fairfield Inn resubmittal • Don, attached is the latest proposal for development of the Fairfields Inn on Palomar Oaks Way. The sewer realignment appears to be consistent with what we agreed too. Please review and comment before the end of next week if possible. Thanks. 1 PLANNING SYSTEMS March 14, 2012 • LAND LANDSCAPE ARCIDTECTURE o LA3900 POLICY AND PROCESSING ENVIRONMENTAL MITIGATION RECEIVED MAR 16 2012 Mr. Dan Halverson CITY OF CARLSBAD Planning Department 1635 Faraday Ave. Carlsbad, CA 92008 CITY OF CARLSBAD PLANNING DIVISION SUBJECT: RESPONSE TO 2nd REVIEW-GPA 11-09/ZC ll-03//CUP 11-06/HMP 11-05 FAIRFIELD INN CARLSBAD Dear Mr. Halverson: Per your letter dated December 23, 2011, identifying Staff items and issues with the submittal package of the above-referenced application package and plans, Surya LP has commissioned modifications to the documents and plans as requested. To this end, attached with this cover letter please find the following: • Five (5) copies of the revised Architecture, Engineering and Landscape Plan set • Two (2) copies of the revised Drainage Study • Two (2) copies of the revised Preliminary SWMP • Two (2) copies of the revised Geotechnical Report • Letter requesting withdrawal of applications to Don Neu from Surya LP • Redlined plans (return) Below are responses and methods that we are addressing the City comments, in the order of comments listed in the December 23 letter. ITEMS NEEDED TO COMPLETE THE APPLICATION Planning 1. As previously discussed, the recent discovery that the Habitat Management Plan Hard Line mapping error has been corrected, eliminates the need to process a General Plan Amendment, Zone Change, or Minor Habitat Management Plan Amendment with this application. Accordingly, with the resubmittal of the project, please include a letter requesting a withdrawal of these permits. No permit fees were originally charged for these applications. With subsequent submittals, please strike out those applications on correspondence and project plans. Response: A letter of request for withdrawal of the referenced applications is enclosed with this resubmittal package. References to these applications have been eliminated from the plans. REPEAT COMMENTS 1. Revise plantings as appropriate for the easement (trees are not allowed within public utility easements; verifY requirements in the SDG&E easement with SDG&E). 2nd Review: Please relocate trees outside of the easements as appropriate. Response: The sewer line is proposed to be relocated. Small trees are allowed within the outer 5-feet of this new easement. Trees have been relocated outside of the SDG&E easement. Additionally, see reference in the email from David Rick to Paul Klukas on Feb 23, which states; "However, there are still some concerns regarding the exact placement 1 1530 FARADAY AVENUE o SUITE 100 o CARLSBAD, CA 92008 o (760) 931-0780 o FAX (760) 931-5744 o info@planningsystems.net of the trees within the easement. Rather than getting hung up on this detail, I figured we can determine the tree species and exact location with your submittal for landscape plan check to be submitted after planning commission action is taken. Perhaps you could add a note stating "exact placement and species of trees within the sewer easement subject to the City Planner's and City Engineering Manager's discretion" so that it is clear that the positions shown on this plan are not final? We can back this up with a condition of approval as well. Additionally, the dashed line questioned on the landscape redlines is not an easement. 2. Completed. 3. The plan proposes several existing, healthy, large Pines and Alders to be removed. It appears that many of these trees can be saved in place with minor revisions to walks and grading. Please revise layout and grading to save trees where possible, Building signage should be relocated to coordinate with existing trees. 2 "~ Review: The applicant has responded: "Maintaining some view of the project from Palomar Airport Road is considered integral to the financial success of the project. Also, some of the existing trees occur in easements and some of the trees are in conflict with the proposed hardscape. The proponent proposes replacing the existing trees removed with oversized box trees in locations more in line with the optimal design of the project, which must be designed in compliance with the zoning, engineering, fire and other rules and regulations. " Please clarifY where specimen size trees are proposed and indicate the size at each location. Final comments are reserved pending completion of this item. Response: Per the previous telephone conversation between Greg Evans and Mike Elliott, eleven specimen sized trees are proposed to replace ten existing large trees removed in the front yard as follows: (1) 60" box tree, (6) 48" box tree, and (4) 36" box trees, located as follows: (1) 60" and (1) 48" Quercus virginiana in front yard; (2) white alder in parkway; (2) 48" Bronze loquat multi in front yard; (1) 48" king palm multi at building comer of main entry; (1) 36" king palm single on other side of main entry, (1) 36" multi king palm along western building comer, and (2) 36" Queen palms flanking the other project entry. 4. Completed. 5. Please show any bio-swales/detention basins or underground drainage collection systems (in or under planting areas that could impact the planting) and work these facilities into the design. 2nd Review: The applicant has responded: 'The project civil engineer has provided at-grade bioretention areas on-site, in locations as shown in gray shading on the Landscape Concept Plan Sheet Li. " Please explain the use of the bioretention areas, If these areas are meant to cleanse water prior to runoff from the site, the proposed plantings may not be appropriate. If cleansing is required, appropriate grasses should be specified. My recent observation of the use of Fescue in bio-swales and detention areas is that it has peiformed unsatisfactorily in the bottoms of these structures. Other landscape architects are exploring the use of tight-knit groundcovers on the sides of the slopes with natural grasses such as Carex divulsa (Carex turn ulicola) in the bottom. The bottoms of these swales have proven to be very problematic since the plant material provided must be able to survive periods of periodic inundation and often baggy conditions. It is suggested that the applicant explore other Carex species, Juncus species, Acarus species and Lindernia grandiflora as possibilities for the bottoms of the swales. Please review providing an appropriate substitute that is acceptable to the design engineer. The applicant is to insure that the plant provided will thrive and also provide required bloswale functions. Response: Bioretention areas are designed to cleanse water prior to runoff from the site. Appropriate grasses and other plantings tolerant of variable moisture and soil conditions will be utilized. Please see the discussion paper attached to this letter for details. 6-7 Completed. I PLANNING I SYSTEMS 8. It is recommended that specimen size trees (36"-60" box) be used at focal points and entries in order to provide immediate impact and to be more in scale with the building mass. Please review, 2nd Review: The applicant has responded· "Eleven specimen sized trees ore proposed in the front yard landscape area as described in a plan note on the Landscape Concept Plan Sheet L1, '' Please label the 36" and 48" box size tree locations on the plan. Response: This request has been complied with. Please see the Landscape Plan Sheet Ll. 9-10 Completed 1 I. Provide a minimum of one street tree for every 40' of street frontage. Trees may be planted on center or grouped Locate street trees: a. A minimum of 3' outside the public right-of-way. 2nd Review: Please show and label the right-of-way on the landscape plan so that it can be insured that trees are located appropriately. Response: No public ROW exists for this project because Palomar Oaks Way is a private street. The property line located at the curb of Palomar Oaks Way is labeled. b. A minimum of 5 'from paving. Completed 2nd Review: It appears that only 4 street trees have been provided Eleven are required Please address and/or clarify where the street trees are located Response: The parkway width for this project is proposed to be approximately seven feet wide. Installing street trees in this parkway will necessitate that they occur closer than five feet from paving. In all instances where trees are located within seven feet of paving, root barriers will be installed to control potential root damage. Eleven street trees are evidently required for this project. Eleven trees have been provided. Significant issues affect the location and size of trees proposed for installation due to the sewer line issue. One existing Alder is to remain undisturbed. Two Alder trees are proposed in locations where sign visibility from Palomar Airport Road and the sewer easement is not an issue. Eight small trees are proposed to address sewer easement concerns, the species and precise location to be determined per note No. I above. 12. Completed 13. Planting or any combination of planting, mounding, and decorative walls shall be used to provide screeningfrom adjacent property or streets of the parking area to a height of3'. Please address. Response: Shrub plantings to screen the adjacent parking lot are provided. Shrub plantings along the rear development edge are not uniformly provided because damage to sensitive native plantings would result, and because views onto the site from developed areas south of the property are already screened to a height of at least three feet along the rear development edge by existing vegetation on the rear hillside to remain (see photo exhibit provided attached to this letter). 14. Completed 15. Please provide a colored or hatched plan showing areas proposed for the use of recycled versus potable water. This plan will be forwarded to Public Works Maintenance and Operations for review. 2nd Review: Please revise the water use plan to show areas proposed for future recycled water as recycled, and all areas to remain potable as potable. Response: This information has been provided. 16. 2nd Review: The ETWU exceeds the MA WA. Please revise the design as appropriate to provide an ETWU that is equal to or less than the MAW A. II PLANNING II . . SYSTEMS I ' •.. Response: The plan has been revised and the MA WA now exceeds the ETWU. 17-18 Completed. 19. The Fire Suppression Plan shall consist of a written and graphic plan and sections illustrating the following: a-b Completed c, Fire control planting as outlined in Section lV.F Response: This has been provided on the revised plan. 2nd Review: Rosemary is a high fuel species. Please review all proposed plantings and revise to low fuel species where located within fire suppression areas. Response: Rosemary has been removed from the fire suppression naturalized area. d Completed e. Maintenance responsibility and schedule of frequency 2nd Review: This comment does not appear to be addressed. Please fully address. Response: Please see Responsibilities section on Sheet L 1. f-g Completed Please address these items. 20. Fire suppression zones A-i and B-i do not allow trees or shrubs. Please address. 2nd Review: Please relocate trees, palms and shrubs outside of fire suppression zone 2 as appropriate. Response: The trees identified have been relocated out of fire suppression zone 2. 21. Completed. 22, RETURN REDLINES and provide 2 copies of all plans (concept, water conservation, fire protection, and colored water use plan) for the next submittal. NEW COMMENTS JA. Please indicate the type of fencing to be installed on the north side of the pool and provide a conceptual sketch ofthefencefor review. Response: Please see the Architect's plan Sheets A-5 and A-7 for pool wall and fencing. 2A. Please revise the plant common names as appropriate. Response: The common names have been revised, as necessary. Engineering I. Obtain a letter from SDG&E acknowledging that they have reviewed the plans and that they accept the proposed improvements within their easement. Response: SDG&E planners have reviewed the plans and they indicate thairf~~~~FJi'illiF.~;;l II PLANNING I •I SYSTEMS encroachment as shown on the site plan provided that an encroachment permit be obtained for the improvements. This approval was provided via email dated 11/21/II from SDG&E Project Management Planner Jennifer Price (hard copy of email attached). 2. One of the two sewer mains located in the Buena Sanitation District's sewer easement traversing the northerly portion of the property is approximately 20 to 25 feet deep (the other main is a shallower force main). This deep, gravity flowing sewer main is under a 10 foot wide easement. It is currently owned by Buena Sanitation District but will soon be transferred to the City of Carlsbad. Because of the excessive depth, a wider easement of 30 feet will be needed, Since no structures are allowed in the sewer easement as they create an obstacle to maintenance and repair crews, the pool, monument sign, hotel building, etc. will need to be relocated outside this new easement, The building will need to be positioned or structurally altered so that it does not impose a surcharge on the sewer pipe. Describe using preliminary plan details and/or notes the method recommended (i.e. deepened footings, piers as recommended in the soils report, etc.). Final design can be analyzed when plans for grading and improvements are processed. Response: The project applicant is proposing a realignment of a portion of the sewer within the subject site in order to accommodate the requested increase in width of sewer easement to 30-feet. This realignment has been reviewed and generally accepted by the City. The pool, hotel sign, large trees and fire pit have all been relocated out of this proposed easement. Per the recommendations of the geotechnical engineer (Geosoils Inc.), sewer line work can be accomplished by shoring the trench with a maximum with a maximum vertical depth of 20-fet and if necessary, cutting the remaining depth back at a I: I slope. 3. Please be advised that the sewer line described above has a history of emitting offensive odors, This fact should be considered in the design of the hotel, especially in locating the pool and spa. The property owner will be required to enter into an agreement with the city recognizing that said odors exist and that they hold the city harmless from any damages caused by the impact of the odors. Response: The new alignment of the sewer line moves the manholes away from the hotel structure. Also, the potential for odor impacts have been discussed with the property owner/applicant and the referenced agreement with the City will be agreed to. 4. Please address the redlined comments on the attached site plan, landscape plan and grading, and drainage plan. Please return all red-line plans with resubmittals. Response: The redlined comments have been addressed and the redlined plans are being included with this resubmittal package. 5. Please address redlined comments on the attached soils report, SWMP and drainage report. Please return all red-line comment with resubmittal. Response: The redlined comments have been addressed. Please see the revised reports included with this resubmittal package. Fire Comments: 1. Fire Department access is inadequate. Provide for a fire access road in accordance with CMC 17. 04.010. This access shall have an unobstructed width of 2 4 feet, and an unobstructed vertical clearance or "clear-to-sky". This includes all vegetation and physical features that would interfere or obstruct fire department operations. Response: Four palm trees have been removed and four palm trees have been slightly relocated so that the canopy of the tree provides an "unobstructed vertical clearance or "clear-to-sky" condition. 2. Dead-End access, Dead-end streets, aisles and driveways shall not be permtt· ~S~~~--·~~11 II PLANNING I I .I SYSTEMS 'I 2. Dead-End access, Dead-end streets, aisles and driveways shall not be permitted Response: The project has been redesigned to eliminate the dead-end parking aisle. 3. Fire Access Road surface. The surface of all fire department access routes shall be of an impervious "all-weather" surface material, designed to carry a minimum load of75,000 pounds axel weight. Response: The parking aisle surface will be of a material that satisfies the above requirements. 4. Fire Lanes. If fire lanes are designated they shall become the responsibility of the developer to have said access restrictions recorded, that the owner is responsible to provide and maintain to identifY and ensure enforcement of those designated access, Owner shall obtain a reciprocal access letter with adjacent property owner as access across their parcel will benefit this project in event of an emergency. Response: The applicant is willing to record the necessary fire access encumbrance in the appropriate locations of the subject property. The neighboring property has indicated to us that they are unwilling to provide any reciprocal or other access rights to others that do not previously exist. They indicate that they have survived for years without access rights to adjacent properties and that they accrue no benefit from joint access through our lots. We will apparently not be able to comply with the suggestion above that our project will be required to obtain access rights across the neighbor's property. 5. Water service main shall be looped, providing two points of connection. Response: The water service main has been looped through the lot, with two points of connection provided. 6. Provide additional fire hydrants at intervals of 300 feet along public streets and/or private driveways. Hydrants should be located at Street intersections when possible, but no closer than 100 feet from the terminus of a street or driveway. Provide additional fire hydrant(s) as indicated on sheet(s) A-1, C-2. Response: An additional fire hydrant has been added along the frontage of the lot. 7. IdentifY location of backjlow prevention device for fire sprinkler service. Ensure that a fire hydrant is located'S. 90-feetfrom the backjlow device. Response: The backflow prevention device is identified on the Engineering Plan Sheet C.2. 8. Delete all plants and trees with 6-feet of any fire hydrant and the backjlow prevention device. Provide root barriers for all plantings adjacent to all fire hydrants and fire service backjlow device. Response: All plants and trees maintain a minimum 6-foot distance from the fire hydrants and the backflow prevention devices. See call-out notes on Sheet L 1. Root barriers will be provided in all locations adjacent to hydrants and fire service backflow devices. 9. Provide Class 1 Standpipe in each of the two stairwells with hose valves provided at each floor landing and one extending up to the roof nearest the roof access opening. Response: The Class 1 Standpipe has been provided in each of the two stairwells on Sheets A-2, A-3 andA-4. Please let us know if you wish to meet to discuss any of the items in this resubmittal package. Paul J. Klukas Director of Planning cc: Neil Patel Enclosures • 111 EXCEL ~HOTEL GROUP March 12,2012 Mr. DonNeu City Planner CITY OF CARLSBAD 1635 Faraday Ave. Carlsbad, CA 92008 RE: GPA 11-08/ZC 11-0J IFLHMPA 11-06 FAIRFIELD INN CARLSBAD Dear Mr. Neu: As property owner and applicant for the Fairfield Inn project in Carlsbad, and as indicated in the comment letter from Chris DeCerbo dated December 23, 2011 regarding the project, please consider this letter a formal request to withdraw the General Plan Amendment, Zone Change, Haei:fttt Management Pennit and Habitat Management Plan Amendment applications for the project. It is our understanding that these applications are not needed for approval of the Conditional Use Permit for the hotel, as designed. Our records show that no application permit fees were originally charged for these applications. We are not requesting withdrawal of the Conditional Use Permit (CUP 11-06) and look forward to final processing and approval of this CUP. Thank you for your assistance in this matter. ~ Neil Patel SURYAONELP cc: Paul Klukas, Planning Systems RECEIVED MAR 1 6 2012 CITY OF CARLSBAD PLANNING DIVISION 9663 Tierra Grande Street, Suite 204, San Diego CA 92126 Tel (858) 621-4908 • Fax (858) 621-4914 • www.excelhotelgroup.com t· ~CARLSBAD Planning Division December 23, 2011 Paul Klukas Planning Systems 1530 Faraday Avenue, #100 Carlsbad, CA 92008 • • tvtGuSJ.d \'l---\'V:'~\1 DFILE www.carlsbadca.gov SUBJECT: 2nd REVIEW FOR GPA 11-08/ZC 11-03/CUP 11-06/HMP 11-05/HMP 11-06 -FAIRFIELD INN CARLSBAD Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed your General Plan Amendment, Zone Change, Conditional Use Permit, Habitat Management Plan Permit, and Habitat Management Plan Amendment, applications no. GPA 11-08/ZC 11-03/CUP 11-06/HMP 11-05/HMP 11-06, as to its completeness for processing. The items requested from you earlier to make your General Plan Amendment, Zone Change, Conditional Use Permit, Habitat Management Plan Permit, and Habitat Management Plan Amendment, applications no. GPA 11-08/ZC 11-03/CUP 11-06/HMP 11-05/HMP 11-06 complete have been received and reviewed by the Planning Division. It has been determined that the application is now complete for processing. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. Please note that although the application is now considered complete, there may be issues that could be discovered during project review and/or environmental review. Any issues should be resolved prior to scheduling the project for public hearing. In addition, the City may request, in the course of processing the application, that you clarify, amplify, correct, or otherwise supplement the basic information required for the application. At this time, the City asks that you provide five (5) complete sets of the development plans so that the project can continue to be reviewed. The City will complete the review of your resubmittal within 25 days. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Dan Halverson, at (760) 602-4631, to discuss or to schedule a meeting to discuss your application and to completely understand this letter. You may also contact each commenting department individually as follows: • Land Development Engineering Division: David Rick, Associate Engineer, at (760) 602-2781. • Fire Department: Greg Ryan, Fire Inspections, at (760) 602-4661. Sincerely, ~ ~GJ,o CHRIS DeCERBO Principal Planner CD:DH:bd c: Surya LP, 10660 Scripps Ranch Blvd. Ste. 100, San Diego, CA 92131 Don Neu, City Planner David Rick, Project Engineer Chris DeCerbo, Principal Planner File Copy Data Entry 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 • • GPA 11-08/ZC 11-Q3/CUP 11-06/HMP 11-05/HMP 11-06-FAIRFIELD INN CARLSBAD December 23, 2011 Pa e 2 ISSUES OF CONCERN Planning: 1. As previously discussed, the recent discovery that the Habitat Management Plan Hard Line mapping error has been corrected, eliminates the need to process a General Plan Amendment, Zone Change, or Minor Habitat Management Plan Amendment with this application. Accordingly, with the resubmittal of the project, please include a letter requesting a withdrawal of these permits. No permit fees were originally charged for these applications. With subsequent submittals, please strike out those applications on correspondence and project plans. landscaping Comments: Please make the following revisions to the plans so that they will meet the requirements of the City of Carlsbad's Landscape Manual. Numbers below are referenced on the red line plans where appropriate for ease in locating the area of the comment concern. REPEAT COMMENTS 1. Revise plantings as appropriate for the easement (trees are not allowed within public utility · easements; verify requirements in the SDG&E easement with SDG&E). J!ld Review: Please relocate trees outside of the easements as appropriate. 2. Completed. 3. The plan proposes several existing, healthy, large Pines and Alders to be removed. It appears that many of these trees can be saved in place with minor revisions to walks and grading. Please revise layout and grading to save trees where possible. Building signage should be relocated to coordinate with existing trees. J!ld Review: The applicant has responded: "Maintaining some view of the project from Palomar Airport Road is considered integral to the financial success of the project. Also, some of the existing trees occur in easements and some of the trees are in conflict with the proposed hardscape. The proponent proposes replacing the existing trees removed with oversized box trees in locations more in line with the optimal design of the project, which must be designed in compliance with the zoning, engineering, fire and other rules and regulations." Please clarify where specimen size trees are proposed and indicate the size at each location. Final comments are reserved pending completion of this item. 4. Completed. 5. Please show any bio-swales/detention basins or underground drainage collection systems (in or under planting areas that could impact the planting) and work these facilities into the design. l"d Review: The applicant has responded: 'The project civil engineer has provided at-grade bioretention areas on-site, in locations as shown in gray shading on the Landscape Concept Plan Sheet Ll." Please explain the use of the bioretention areas. If these areas are meant to cleanse water prior to runoff from the site, the proposed plantings may not be appropriate. If cleansing is required, appropriate grasses should be specified. My recent observation of the use of Fescue in bio-swales and detention areas is that it has performed unsatisfactorily in the bottoms of these structures. Other landscape architects are exploring the use of tight-knit groundcovers on the sides of the slopes with natural grasses such as Carex divulsa (Carex tumulicola) in the bottom. The bottoms of these swales have proven to be very problematic since the plant material provided must be able to survive periods of periodic inundation and often boggy conditions. It is suggested that the applicant explore other Carex species, Juncus species, Acarus species and Lindernia grandiflora as possibilities for the bottoms of -~ • • GPA 11-08/ZC 11-03/CUP 11-06/HMP 11-05/HMP 11-06-FAIRFIELD INN CARLSBAD December 23, 2011 Pa e 3 the swales. Please review providing an appropriate substitute that is acceptable to the design engineer. The applicant is to insure that the plant provided will thrive and also provide required bio- swale functions. 6-7 Completed. 8. It is recommended that specimen size trees (36"-60" box) be used at focal points and entries in order to provide immediate impact and to be more in scale with the building mass. Please review. Z'd Review: The applicant has responded: "Eleven specimen sized trees are proposed in the front yard landscape area as described in a plan note on the Landscape Concept Plan Sheet L1." Please label the 36" and 48" box size tree locations on the plan. 9-10 Completed. 11. Provide a minimum of one street tree for every 40' of street frontage. Trees may be planted on center or grouped. locate street trees: a. A minimum of 3' outside the public right-of-way. 2nd Review: Please show and label the right-of-way on the landscape plan so that it can be insured that trees are located appropriately. b. A minimum of 5' from paving. c-e Completed. 2nd Review: It appears that only 4 street trees have been provided. Eleven are required. Please address and/or clarify where the street trees are located. 12. Completed. 13. Planting or any combination of planting, mounding, and decorative walls shall be used to provide screening from adjacent property or streets of the parking area to a height of 3'. Please address. 14. Completed. 15. Please provide a colored or hatched plan showing areas proposed for the use of recycled versus potable water. This plan will be forwarded to Public Works Maintenance and Operations for review. 2nd Review: Please revise the water use plan to show areas proposed for future recycled water as recycled, and all areas to remain potable as potable. 16. J\s reet~:~ireEI ~y tl:le State af CalifarRia, tl:le City af Carls~ael !:las aEiefJteEI a water efficieRt arEiiRaRce. /\II reetl:lireFReRts af tl:lis areliRaRce are te ~e FRet. CeRcefJt fllaRs sl:lall iRci~:~Eie calc1:1latiaRs wl:licl:l Eleci:IFReRt tl:le FRaxiFRI:IFR alle•.veel aRRI:Ial •Nater 1:1se fer tl:le laREiscafJeEI area er FRaxiFRI:IFR aflfJiieEI \'+'ater alla•NaRce (M/\'A'/\) aREI estiFRateEI tetal water 1:1se (HWU). A landscape project shall not exceed the MAWA. Tl:le MAW/\ fer a laREiscafJe fJreject sl:lall ~e EleterFRiReEI ~'I tl:le fellewiRg calc~:~latiaR as ElefiReEI iR tl:le City areliRaRce: MAW/\-(He)(Q.G2)((Q.7 x ll\) + (Q.3 x SL/\)]. Tl:le ~n¥U sl:lall ~e EleterFRiReEI ~y tl:le fallewiRg calc1:1latieR as ElefiReEI iR tl:le City erEiiRaRce: ETWU=(ETo)(0.62{PF~HA +SLA) IR aEIEiitieR ta tl:le calcl:llatieRs, iRci1:1Eie a stateFReRt eR tl:le fllaRs sigReEI I:IREier fJeRalty ef fJerjl:lry ~·r tl:le flerseR wl:le fJFepareEI tl:le filaR tl:lat fJreviEies: • • GPA 11-08/ZC 11-03/CUP 11-06/HMP 11-05/HMP 11-06-FAIRFIELD INN CARLSBAD December 23, 2011 Pa e4 "I am familiar witf:l the reEfl:liremeRts for laRSseaf)e aRS irrigatioR fllaRs eoRtaiReS iR tf:le City of Carlsbas's Water UfieieRt laREiseafle Reg~:~latioAs. I l:IASerstaAS tf:lat eoAstrl:letioR sra•NiAgs are to be f)ref)areel iR eomf)liaRee witf:l tf:lose regl:llatioRs aREI the laRelseafle MaAl:lal. I eertify that the fllaRs will be f)ref)areel imf)leFReRtiRg those reg~:~latioRs to flFOviele e#ieieRt 1:1se of water." Please iASl:IFe that all reEfl:lireFReAts of the water 1:1se oreliAaAee are FRet. Tf:le oreliAaAee FRay be fol:IAEI at the followiAg wel:3 site: http://librarv.FRl:IAieoele.eoFR/iAEieM.asplE?elieAtlei-Hi2qs&statelei-S&stateNaFRe-CaliforAia l:IAeler Title 18. ~d Review: The ETWU exceeds the MAWA. Please revise the design as appropriate to provide an ETWU that is equal to or less than the MAWA. 17-18 Completed. 19. The Fire Suppression Plan shall consist of a written and graphic plan and sections illustrating the following: a-b Completed c. Fire control planting as outlined in Section IV.F ~d Review: Rosemary is a high fuel species. Please review all proposed plantings and revise to low fuel species where located within fire suppression areas. d. Completed e. Maintenance responsibility and schedule of frequency 2nd Review: This comment does not appear to be addressed. Please fully address. f-g Completed Please address these items. Please also dearly iAelieate tf:le t'tfle of fire Sl:lflflFessioA zoAes ("A" for FRaA~:~faetl:lreel slof)es or "8" for Aative slof)es). 20. Fire suppression zones A-1 and B-1 do not allow trees or shrubs. Please address. ~d Review: Please relocate trees, palms and shrubs outside of fire suppression zone 2 as appropriate. 21. Completed. 22. RETURN REDLINES and provide 2 copies of all plans (concept, water conservation, fire protection, and colored water use plan) for the next submittal. NEW COMMENTS 1A. Please indicate the type of fencing to be installed on the north side of the pool and provide a conceptual sketch of the fence for review. 2A. Please revise the plant common names as appropriate. Engineering: land Development Engineering has completed its review of the above referenced project for compliance with the previously determined issues. The project still has issues that must be addressed. The following is a list of these issues: e • GPA 11-08/ZC 11-03/CUP 11-06/HMP 11-05/HMP 11-06-FAIRFIELD INN CARLSBAD December 23, 2011 Pa e 5 1. Obtain a letter from SDG&E acknowledging that they have reviewed the plans and that they accept the proposed improvements within their easement. 2. One of the two sewer mains located in the Buena Sanitation District's sewer easement traversing the northerly portion of the property is approximately 20 to 25 feet deep (the other main is a shallower force main). This deep, gravity flowing sewer main is under a 10 foot wide easement. It is currently owned by Buena Sanitation District but will soon be transferred to the City of Carlsbad. Because of the excessive depth, a wider easement of 30 feet will be needed. Since no structures are allowed in the sewer easement as they create an obstacle to maintenance and repair crews, the pool, monument sign, hotel building, etc. will need to be relocated outside this new easement. The building will need to be positioned or structurally altered so that it does not impose a surcharge on the sewer pipe. Describe using preliminary plan details and/or notes the method recommended (i.e. deepened footings, piers as recommended in the soils report, etc.). Final design can be analyzed when plans for grading and improvements are processed. 3. Please be advised that the sewer line described above has a history of emitting offensive odors. This fact should be considered in the design of the hotel, especially in locating the pool and spa. The property owner will be required to enter into an agreement with the city recognizing that said odors exist and that they hold the city harmless from any damages caused by the impact of the odors. 4. Please address the redlined comments on the attached site plan, landscape plan and grading, and drainage plan. Please return all red-line plans with resubmittals. 5. Please address redlined comments on the attached soils report, SWMP and drainage report. Please return all red-line comment with resubmittal. Fire Comments: 1. Fire Department access is inadequate. Provide for a fire access road in accordance with CMC 17.04.010. This access shall have an unobstructed width of 24 feet, and an unobstructed vertical clearance or "clear-to-sky". This includes all vegetation and physical features that would interfere or obstruct fire department operations. 2. Dead-End access. Dead-end streets, aisles and driveways shall not be permitted. 3. Fire Access Road surface. The surface of all fire department access routes shall be of an impervious "all-weather'' surface material, designed to carry a minimum load of 75,000 pounds axel weight. 4. Fire Lanes. If fire lanes are designated they shall become the responsibility of the developer to have said access restrictions recorded, that the owner is responsible to provide and maintain to identify and ensure enforcement of those designated access. Owner shall obtain a reciprocal access letter with adjacent property owner as access across their parcel will benefit this project in event of an emergency. 5. Water service main shall be looped, providing two points of connection. 6. Provide additional fire hydrants at intervals of 300 feet along public streets and/or private driveways. Hydrants should be located at street intersections when possible, but no closer than 100 feet from the terminus of a street or driveway. Provide additional fire hydrant(s) as indicated on sheet(s) A-1, C-2. • GPA 11-08/ZC 11-03/CUP 11-06/HMP 11-05/HMP 11-06-FAIRFIELD INN CARLSBAD December 23, 2011 Pa e 6 7. Identify location of backflow prevention device for fire sprinkler service. Ensure that a fire hydrant is located s 90-feet from the backflow device. 8. Delete all plants and trees with 6-feet of any fire hydrant and the backflow prevention device. Provide ro<?t barriers for all plantings adjacent to all fire hydrants and fire service backflow device. 9. Provide Class 1 Standpipe in each of the two stairwells with hose valves provided at each floor landing and one extending up to the roof nearest the roof access opening. PLANNING I SYSTEMS - LAND USE/COASTAL PLANNING LANDSCAPE ARCHITECTURE • LA3900 POLICY AND PROCESSING ENVIRONMENTAL MITIGATION December 2, 20 II RECEIVED DEC 0 5 2011 CITY OF CARLSBAD PLANNING DIVISION Mr. Daniel Halverson CITY OF CARLSBAD Planning Department I635 Faraday Ave. Carlsbad, CA 92008 SUBJECT: RE;~~~E TO 1st REVI~;-····----------~ GPA II-08/ZC II-03/CUP II-06/HMP 11-05/HMPA ll-06 ~ FAIRFIELD INN CARLSBAD ) Dear Mr. Halverso=n~: --------------------- _../ Per your letter dated October 28, 20 II, identifYing Staff items and issues with the submittal package of the above-referenced application package and plans, Shapell Homes has commissioned modifications to the documents and plans as requested. To this end, attached with this cover letter please find the following: • Five (5) sets of the revised CUP development plans • Two (2) copies of the revised Drainage Study • Two (2) copies of the revised Preliminary SWMP • Two (2) copies of the revised Biology Report • One (I) copy ofthe Draft Preliminary Geotechnical Investigation • Redlined Plans (return) Below are responses and methods that we are addressing the City comments, in the order of comments listed in the October 28 letter. ITEMS NEEDED TO COMPLETE THE APPLICATION Planning 1. Based on a review of the information and the difference between the Preliminary Review (PRE 11 -03) and the plans submitted, staff is not supportive of the project given the remaining design and biological conservation issues. Please see Issues of Concern Comment No. 1 for additional information. For your reference, the incomplete items listed below are based on the assumption that you revise the project to address staffs issues of concern. Under this scenario, this information is needed to thoroughly analyze the revised project. Response: We have revised the project in an effort to address the issues identified by City Staff. 2. Please be advised that the quasi-judicial actions, specifically the Conditional Use Permit, and the Habitat Management Plan Permit applications remain incomplete until the legislative actions (i.e. the General Plan Amendment and Zone Change applications) have been approved by City Council. Staff will continue to concurrently process and take the development applications to the decision-making bodies together and in an order by which the applications can be decided upon. Response: We are in agreement that the GPA and ZC should be processed at the same hearing(s) as the development plan. We are hopeful that these legislative actions will not delay the approval of the development project. 1 1530 FARADAY AVENUE • SUITE 100 • CARLSBAD, CA92008 • (760) 931-0780 • FAX (760) 931-5744 • info@planningsystems.net 3. Due to the potential concerns regarding the impact of lighting on the adjacent native habitat to the north and east, please submit a lighting plan which details the proposed lighting on the building and within the parking lot and any outdoor areas. Response: A site lighting plan has been prepared showing locations of light fixtures and footcandle (photometries) level at all areas on the property, including within the adjacent native habitat. This information is provided on Sheet E 1.0A. 4. Please revise the Cover Page (Sheet A-1) as follows: a. Revise the "Zoning Data' as follows: • Existing zoning: Planned Industrial/Open space (PM/OS) • Existing General Plan Designation: Planned Industrial/Open Space (PI/OS) Response: The Zoning Data has been revised as indicated on Sheet A-1. b. The number of compact spaces allowed is 25% of the parking. Please correct the number to 30 compact spaces and 90 regular spaces. (Unless the project is revised and any of these parking spaces are not needed). Response: The total number of parking spaces has been modified to reflect a 1.1 space to 1 room parking ratio. A note has been added to Sheet A-1 indicating a request for CUP parking exemption per CMC 21.42.140(A)(4). c. Per the PM zone the rear property setback should be 20 feet, of which 10 feet must be fully landscaped. Response: The rear property setback shows the 10-foot landscaped setback and the 20-foot building setback lines. This information is shown on Sheet A-1. d. The grading plan shows a retaining wall in the lower, southeast section of the parking lot. Please ensure that all walls are also depicted on the site plans. (Unless the project is revised and any of these walls are not needed). Response: The grading plan and the architectural plans have now been coordinated to show retaining walls. e. Under Application Types" please include GPA 11-08, ZC 11-03, and HMP 11-05 (Unless the project is revised and any of these permits are not needed). Response: The application types and numbers have been indicated as requested. However, we believe that the HMP application is no longer needed, inasmuch as the project has been revised to avoid any impacts into the hardline. It is up to the City's decision as to whether the GP A and ZC continue to be necessary. ISSUES OF CONCERN Planning 1. This proposal is significantly different than the original Preliminary Review proposal with respect to impacts on native vegetation. During the Preliminary Review process, Property and Environmental Management representative Mike Grim discussed the City's willingness to support a Minor HMP Amendment to pull the Habitat Management Plan (HMP) hardline preserve area back to the existing vegetation line, as allowed by Section 20.1 of the HMP Implementing Agreement. The HMP amendment for the mapping error can be supported by staff if the preserve boundary ;, "dmwn ta the edge af the ex~ting natroe vegetat;on. '[Plt.:IW!Tl•ll management and monitoring of the remaining on-site HMP Hardline Preserve may be supported provided the property is still covered by a Conservation Easement and has secured a financial mechanism to fund the maintenance and monitoring activities. The current proposal is however also requesting to take portions of the existing native vegetation that is located within the HMP hardline. In order to approve this take, City staff is required to make findings to allow the minor HMP amendment pursuant to Section 21 210 080 3(a-c). Based upon our review of the required findings City staff is not willing to recommend support of your request to take the naive habitat as proposed. However, if the applicant is intent on pursuing this request, then the following information must be submitted a) Per Subsection 3b please provide data and information "which clearly demonstrates that the project design, siting and size are the minimum necessary to make the project feasible or provide an economically viable use of the property." b) Subsection 3.c.ii, requires that all project alternatives be analyzed in an appropriate environmental (CEQA) document. No CEQA document has been prepared yet. Please provide an analysis or project alternatives which will be necessary to make this finding. c) Subsection 3.c.iii, requires that impacts to habitat have been minimized to the maximum extent possible. Please provide an analysis that shows that the impacts to habitat are necessary and unavoidable. d) Subsection 3.c.iv, requires that the project mitigates its impacts to the maximum extent practicable. The lack of long term, fully funded management and monitoring on the adjacent HMP Hardline Preserve makes it difficult to satisfY this finding. Please provide an analysis to show how the impacts are being mitigated. a) Subsection 3.c.v, requires that there is the ability to meet our habitat conservation requirements in the HMP and associated documents. These documents require that all preserve areas be managed and monitored to the HMP standards and are fully funded. Please provide a Property Analysis Report to demonstrate this compliance. Response: The applicant has commissioned changes to the project design which avoid any impacts to the hardline open space. The hardline location and alignment has been provided by the City. 2. Please provide a detail of the trash and mechanical enclosures including elevations drawn to scale, per Carlsbad Municipal Code (CMC) Section 21.34.080(6), "screening walls ... shall be architecturally integrated with the surrounding buildings. " Be sure to include the height of the mechanical equipment and show any proposed screening. All mechanical equipment on the roof or on-grade is required to be screened from view from all pedestrian, and vehicular vantage points. Response: Trash and mechanical enclosures, including elevations and height dimensions, are now shown on Sheet A-5, as requested. 3. Please eliminate the proposed future sign locations from the elevations. Proposed signage including wall signs, directional and monument signs will be addressed under a separate sign program permit. Response: Future sign locations are shown for reference only and a note has been added on Sheet A- 5 indicating that signs will be submitted under a separate permit. 4. Please modifY the fire suppression zone line as needed. The line does not appear correct or complete. PLANNING I SYSTEMS Response: 5. Parking spaces shall have an area of 170 square feet exclusive of drive aisles with a width not less than 812feet. Subject to the approval of the Planning Director, up to a 212 foot overhang may be permitted except; no overhang may be allowed into any required setback areas, and; compact spaces must be a minimum of 8 feet by 15 feet with no overhang permitted. Please redesign the parking to comply with both of these requirements and provide parking space dimensions including overhangs. Response: The parking stall areas have been corrected to comply with City standards, as requested. Parking stall dimension are provided on Sheet A-1. 6. Please provide calculations showing compliance with Section 21.34.070(2)B of the Carlsbad Municipal Code, demonstrating that the front yard average setback of 35 feet is being met. Also, please provide clarification as to what fences, patio covers, etc. will be located within the 25 foot to 35 foot average setback area. Response: Front yard setback calculations have been added to Sheet A-2. 7. Please provide on the plans all material types and colors. If Fairfield has built this type of product architecture before, please include the website information and/or pictures so staff can describe the architectural style to the Planning Commissioners. As submitted staff has concerns with the architectural design of the project, especially pertaining to the quality of the building materials and the overall bulk and mass of the structure. Please demonstrate on the exhibits that the project is incorporating high quality building materials, features, and far;ade relief that are consistent with the surrounding natural environment. Response: Building elevation materials are noted on the elevation drawings. An additional perspective exhibit has been prepared showing the materials and colors. The building design closely resembles the latest Marriott prototype for the Fairfield, and the colors and materials reflect this Marriott prototype. The building footprint varies somewhat from the prototype, so the submitted colored perspective drawings reflect the submitted and proposed design. 8. The project is encroaching over a portion of Lot '15 of Carlsbad Tract No. 80-38, which is presently developed with an existing industrial building arid parking lot. Please provide with a formal submittal, documentation supporting the proposed project boundaries. Furthermore, the project is proposing to utilize existing parking stalls that were developed as part of this existing industrial building. Please demonstrate how the existing industrial· project meets its parking requirements minus these existing spaces. Response: It is not correct that the project is encroaching into the neighboring lot. The proposed project is designed wholly within the property lines of the subject Fairfield lot. The neighboring lot has evidently encroached into the Fairfield lot. We do not know why or under what authorization this neighboring lot has conducted this encroachment. We are unaware of any permission granted to the neighbor to use the Fairfield lot for parking. It is not the applicant's responsibility to demonstrate whether or not the encroaching neighbor will continue to comply with City parking regulations after the Fairfield lot is developed. The applicant cannot dictate parking terms and requirements to an adjoining property owner. 9. The project site is encumbered by an SDG&E utility easement along its westerly boundary. Please provide a letter or signed plans showing consultation with SDG&E and their approval of development within the easement. Response: We have consulted with SDG&E (Jennifer Price, SDG&E Project Management Planner, Phone (760) 480-7727) regarding the easement at the southwest comer. After this consultation, it was determined that a retaining wall (3-foot max.) would be added to facilitate SDG&E access along the easement. This wall is shown on Engineering Sheet C.2. The proposed design meetf~~~~~r;;;-.r.;:::;;-J PLANNING SYSTEMS Engineering Comments Land Development Engineering has completed a review of the above-referenced project for completeness and engineering issues of concern. All items needed for engineering review are provided for determining the application as complete. Engineering issues which need to be resolved or adequately addressed prior to staff making a determination on the proposed project are as follows: 1. Coordinate with SDG&E to maintain access to their major overhead powerlines located adjacent and upslope of the property. It appears that SDG&E is currently using the subject property to access the power lines. There are two SDG&E easements that appear on the title report that are not plotted. Please provide copies of these recorded easements as they may address SDG&E 's access to the power lines. Response: W~ have consulted with SDG&E regarding the easement at the southwest comer. SDG&E has determined that they will accept the encroachment as shown on the site plan provided that an encroachment permit be obtained for the improvements prior to construction. The two referenced easements (DOCS. 82-03 8313 and 88-094140) grant 3-foot easements around facilities constructed prior to 12/31/82 and 2112/90, respectively. The requested copies of those easement documents have been included with this letter. 2. Large amounts of silt have been discharging from the concrete brow ditch located at the southeasterly end of the property. Please identify the source of the erosion and address. Response: We have investigated the silt as requested. The silt appears to be coming from the dirt road off of the project property south of the site. This road is used by SDG&E to access their overhead electrical transmission lines. Riprap has been placed at the top of the brow ditches along the site of the dirt road, however additional maintenance (presumably by SDG&E) is likely required. The use of check dams within SDG&E's brow ditches would also reduce silt discharge. We will notify SDG&E of the problem and provide recommendations. 3. We strongly advise that you contact the Buena Sanitation District early in the process to inform them of your intent to construct a patio, spa, etc. within their easement. Ultimately, a condition of project approval will be added requiring the district's approval prior to issuance of grading permits. Response: We have contacted the Buena Sanitation District as suggested. They have reviewed the plans for the proposed development. As a result of this review, they requested that the spa and pool be relocated to outside the easement. We have made this requested change. Also, the patio was redesigned to provide improved access to the existing manhole. 4. Provide additional details regarding the proposed bioretention areas and storage vault(s). Show proposed storm drain and inlet connections designed to handle the 10 year storm and show location of submerged perforated pipe and orifice restriction (orifice sizing not necessary at this time) designed to release 10% of the Q2 storm event. Response: The proposed locations of bioretention drain lines and storage vault (single vault) are shown on DMA Map 1, foimd in Appendix C of the Preliminary Storm Water Management Plan (SWMP) by Coffey Engineering, dated 12/1111. The size of each bioretention area (IMP) was checked against the minimum requirements for a 0.1 Q2 storm event (per sizing methods and facotrs of the City of Carlsbad's SUSMP, Jan. 2011). An IMP sizing table has been included in Appendix C of the above-referenced SWMP, as well. · 5. Please address redlined comments on the attached site plan, landscape plan and grading and drainage plan. PLANNING SYSTEMS Response: The redline comments have been addressed. Please see the revised plan set. 6. Please address redlined comments on the attached sons report. SWMP and drainage report. Response: Redline comments on the drainage report and SWMP have been addressed. Please see the revised reports dated 12/1111. The soils report has also been revised. Please see the revised report dated 10112/11, and the response letter to the redline comments on the Preliminary Executive Summary dated September 14, 2011 from GeoSoils, Inc., dated November 9, 2011. Landscaping Comments Please make the following revisions to the plans so that they will meet the requirements of the City of Carlsbad's Landscape Manual. Numbers below are referenced on the red line plans where appropriate for ease in locating the area of the comment concern. 1. Please clearly chow and label all easements on the landscape plans. Revise plantings as appropriate for the easement (trees are riot allowed within public utility easements: Verify requirements in the SDG&E easement with SDC&E) Response: The easements have been labeled on the landscape plan. We propose using Rhaphiolepis 'Majestic Beauty' in the SDG&E easement as a "small tree". This plant is allowed per Guide for Encroachment, SDG&E Electric Transmission Rights of Way, Revised June 2003. 2. Please add the street name. Response: The street name has been added, as requested on the landscape sheets. 3. The plan proposes several existing, healthy, large Pines and Alders to be removed. It appears that many of these trees can be saved in place with minor revisions to walks and grading. Please revise layout and grading to save trees where possible. Building signage should be relocated to coordinate with existing trees. Response: Response: Maintaining some view of the project from Palomar Airport Road is considered integral to the financial success of the project. Also, some of the existing trees occur in easements and some of the trees are in conflict with the proposed hardscape. The proponent proposes replacing the existing trees removed with oversized box trees in locations more in line with the optimal design of the project, which must be designed in compliance with the zoning, engineering, fire and other rules and regulations. 4. Please indicate the following percentages: Response: a. Percent of the total site used for landscaping. b. Percent of the landscaped area (as defined in Appendix G) of each planting zone as described in Section A. 5-3 and Appendix A. This information is provided on the landscape plan (Sheet L 1 ), as requested. 5. Please show any bio-swalesldetention basins or underground drainage collection systems (in or under planting areas that could impact the planting) and work these facilities into the design. Response: The project civil engineer has provided at-grade bioretention areas on-site, in locations as shown in gray shading on the Landscape Concept Plan Sheet L 1. 6. Landscaping consisting of ground cover, shrubs, and trees shall be used to screen. elements of unsightliness and screen/soften new improvements. Landscaping shall be np~~~~~i'{ijf.~~ rl PLANNING I -~~ SYSTEMS ., enhance architecture. Please add tall evergreen trees/palms along the east side of the building to soften and enhance this elevation. Response: signage. Palms have been added in locations that will not obstruct the anticipated building 7. Please graphically show proposed landscaping of the recreation area. Plan notes indicate tropical landscaping; however nothing is shown. Response: Refined plantings are now proposed and shown in the passive recreation areas in the front yard area of the project. 8. The maximum tree size proposed is 24" box. Ht is recommended that specimen size trees (36-60" box) be used at focal points and entries in order to provide immediate impact and to be more in scale with the building mass. Please review. Response: Eleven specimen sized trees are proposed in the front yard landscape area as described in a plan note on the Landscape Concept Plan Sheet L 1. 9. Landscape elements over 30" in height (including planting measured at maturity) are not allowed at street corners within a triangular zone drawn from two points, 25' outward from the beginning of curves and end of curves. (See Appendix C.4). The same height limitation applies at driveways 25' from the edge of the apron outward along the curb then 45-degrees in toward the property. Please clearly show and label the traffic sight lines and insure these requirements are met. Response: The traffic sight lines have been provided on Sheet L1 and met. Low wall is not to exceed 30" in height, as indicated in the note call-out. 10. All utilities are to be screened. Landscape construction drawings will be required to show and label all utilities and provide appropriate screening. Please also locate all light poles on the landscape plans and insure that there are no conflicts with trees. Response: Utilities, including sewer easement and SDG&E easement are labeled and screened on the landscape plan Sheet L 1. Parking lot light standards are shown. 11. Provide a minimum of one street tree for every 40' of street frontage. Trees may be planted on center or grouped. Locate street trees' Response: a. A minimum of 3' outside the public right-of way. b. A minimum of 5 'from paving. c. A minimum of 7 'from any sewer line. d. Not in conflict with public utilities. e. Not to be allowed on street corners within a triangular zone drawn from two points, 25' from the beginning of curves arid end of curves or within sight lines as described under "Sight Distance" above (See Appendix C.4). These design features have been provided on the revised set of plans. 12. Trees shall be provided at the minimum rate of one per every four parking stalls. Trees pertaining to this requirement shall be located within the parking area, exclusive of parking lot setbacks. The trees shall be located in close proximity to the spaces they are to shade. Response: Parking lot trees have been provided as per this comment. 13. Planting or any combination of planting, mounding, and decorative walls shall be used to provide screening from acijacent property or streets of the parking area to a height of3'. Please address. II PLANNING I SYSTEMS Response: These features have been provided on the revised set of plans. I 4. At least three percent of parking areas shall be planted and maintained with trees or approved shrubs. The plantings shall be contained in planting areas with a minimum dimension of 4' and bounded by a concrete or masonry curb of a minimum of 6" in height. The plantings shall be located throughout the off-street parking areas in order to obtain the maximum amount of dispersion. Please provide a calculation proving the percentage of landscape area provided in the parking area. ' Response: This information has been provided as Plan Note 2 on the Landscape Plan Sheet Ll. I 5. Please provide a colored or hatched plan showing areas proposed for the use of recycled versus potable water. This plan will be forwarded to Public Works Maintenance and Operations for review. Response: This water plan has been provided as Sheet L3. I 6. As required by the State of California, the City of Carlsbad has adopted a water efficient ordinance. All requirements of this ordinance are to be met, Concept plans shall include calculations which document the maximum allowed annual water use for the landscaped area or maximum applied water allowance (MA WA) and estimated total water use (ETWU). A landscape project shall not exceed the MAWA. The MAWAfor a landscape project shall be determined by the following calculation as defined in the City ordinance: MAWA = (ETo)(0.62)[(0. 7 x LA) + (0. 3 x SLA)}. The ETWU shall be determined by the following calculation as defined in the City ordinance: ETWU = (ETo)(0.62)(fF x HA + SLA IE In addition to the calculations, include a statement on the plans signed under penalty of perjury by the person who prepared the plan that provides: "I am familiar with the requirements for landscape and irrigation plans contained in the City of Carlsbad s Water Efficient Landscape Regulations H understand that construction drawings are to be prepared in compliance with those regulations and the Landscape Manual. I certify that the plans will be prepared implementing those regulations to provide efficient use of water. " Please insure that all requirements of the water use ordinance are met The ordinance may be found at the following web site http://library. municode. com/jndex. aspx? clientld= I 6245&stateld= 5&stateN ame=Cali{ornia under Title I8. Response: This information is provided on the Water Conservation Plan (Sheet L2). I 7 Please include the extent of Planting Zone I (Lush)-Indicate percentage of Zone I planting (per Appendix A) of the total landscaped area (as defined in Appendix G) Provide justification for the appropriateness of where Zone I plantings are used in terms of water conservation (For example, are Zone I plantings in areas of shade where they will use less water and/or has the soil been suitably amended so as to retain relatively greater moisture?) Response: Turf is utilized on-site for passive recreation areas. It is also located on the north side of the building where shade will assist in conserving irrigation water use. I8 Please indicate the percentage of turf area as it relates to the total landscape area and insure the percentage does not exceed that allowed by the Landscape Manual. Response: The area of turf is provided on the plan. At this time the ETWU(3ry=~~~e~~~Qlir.;:;::ll T PLANNING I •• ~~ SYSTEMS ·1 the MAW A (316,859 gallyr) by 2%. 19. The Fire Suppression Plan shall consist of a written and graphic plan and sections illustrating the following a. Fire hydrant locations b Rear yard setbacks c. Fire control planting as outlined in Section IV F d. Emergency/maintenance access e. Maintenance responsibility and schedule of frequency f Any other project modification to protect the development from fire hazards g. Street widths dimensioned Please address these items. Please also clearly indicate the type of fire suppression zones ("A" for manufactured slopes or "B "for native slopes). Response: These items are addressed in the fire suppression zone text description. 20. Fire suppression zones A-I and B-1 do not allow trees or shrubs. Please address. Response: Trees and shrubs have been eliminated from the frre suppression zones. 21. Afrocarpus gracilior is a high fuel species. Please provide a substitute where located within the fire suppression zones. Please review all other proposed species to insure only low fuel species are located within the fire suppression zones. Response: Afrocarpus gracilior has been replaced by C@ast Live oak, which will be used as the perimeter parking lot tree. 22. RETURN REDLINES and provide 2 copies of all plans (concept, water conservation, fire protection, and colored water use plan) for the next submittal. Response: Redlines are being returned with this resubmittal package. Fire Comments. Fire comments will follow under a separate cover. Response: We have not received any Fire Department comments to date. Please let us know if you wish to meet to discuss any of the items in this resubmittal package. ~rely, p\J~)~ Director of Planning cc: Neil Patel (w/enclosures) Enclosures ll~P -, ~CARLSBAD Planning Division October 28, 2011 Paul Klukas Planning Systems 1530 Faraday Avenue, #100 Carlsbad, CA 92008 • • www.carlsbadca.gov . SUBJECT: 1ST REVIEW FOR GPA 11-08/ZC 11-03/CUP 11-06/HMP 11-05/HMP 11-06-FAIRFIELD INN CARLSBAD Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed your General Plan Amendment, Zone Change, Conditional Use Permit, Habitat Management Plan Permit, and Habitat Management Plan Amendment, applications no. GPA 11-08/ZC 11-03/CUP 11-06/HMP 11- 05/HMP 11-06, as to its completeness for processing. The application is incomplete, as submitted. Attached are two lists. The first list is information which must be submitted to· complete your application. The second list is project issues of concern to staff. In order to expedite the processing of your application, the "incomplete" items and your response to the project issues of concern to Staff must be submitted directly to your staff planner; therefore, please contact your staff planner directly to schedule a re-submittal appointment. As part of your re-submittal package, please prepare and include with your re-submittal: (1) a copy of these lists, (2) a detailed letter summarizing how all identified incomplete items and/or project issueshave been addressed; and (3) five (5) sets of revised plans. No processing of your application can occur until the application is determined to be complete. When all required materials are submitted, the City has 30 days to make a determination of completeness. If the application is determined to be complete, processing for a decision on the application will be initiated. In addition, please note that you have six months from the date the application was initially filed, September 21, 2011, to either resubmit the application or submit the required information. Failure to resubmit the application or to submit the materials necessary to determine your application complete shall be deemed to constitute withdrawal of the application. If an application is withdrawn or deemed withdrawn, a new application must be submitted. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Dan Halverson, at (760) 602-4631, to discu·ss or to schedule a meeting to discuss your application and to completely understand this letter. You may also contact each commenting department individually as follows: • Land Development Engineering Division: David Rick, Associate Engineer, at (760) 602-2781. ~~~ CHRIS DeCERBO Principal Planner CD:DH:bd c: Surya LP, 10660 Scripps Ranch Blvd. Ste. 100, San Diego, CA 92131 Don Neu, Planning Director David Rick, Project Engineer Chris DeCerbo, Principal Planner File Copy Data Entry 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 GPA 11-08/ZC 11-03/CU--06/HMP 11-05/HMP 11-06-FAIRFIELD. CARLSBAD October 28, 2011 Pa e 2 LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION Planning: 1. Based on a review of the information and the difference between the Preliminary Review (PRE 11-03) and the plans submitted, staff is not supportive of the project given the remaining design and biological conservation issues. Please see Issues of Concern Comment No. 1 for additional information. For your reference, the incomplete items listed below are based on the assumption that you revise the project to address staff's issues of concern. Under this scenario, this information is needed to thoroughly analyze the revised project. 2. Please be advised that the quasi-judicial actions, specifically the Conditional Use Permit, and the Habitat Management Plan Permit applications shall remain incomplete until the legislative actions (i.e. the General Plan Amendment and Zone Change applications), have been approved by City Council. Staff will continue to concurrently process and fake the development applications to the decision-making bodies together and in an order by which the applications can be decided upon. 3. Due to the potential concerns regarding the impact of lighting on the adjacent native habitat to the north and east, please submit a lighting plan which details the proposed lighting on the building and within the parking lot and any outdoor areas. 4. Please revise the Cover Page (Sheet A-1) as follows: a. Revise the "Zoning Data" as follows: • Existing Zoning: Planned Industrial/Open Space (PM/OS) • Existing General Plan Designation: Planned Industrial/Open Space (PI/OS) b. The number of compact spaces allowed is 25% of the parking. Please correct the number to 30 compact spaces and 90 regular spaces. (Unless the project is revised and any of these parking spaces are not needed). c. Per the PM zone the rear property setback should be 20 feet, of which 10 feet must be fully landscaped. d. The grading plan shows a retaining wall in the lower, southeast section of the parking lot. Please ensure that all walls are also depicted on the site plans. (Unless the project is revised and any of these walls are not needed). e. Under "Application Types" please include GPA 11-08, ZC 11-03, and HMP 11-05 (Unless the project is revised and any of these permits are not needed). ISSUES OF CONCERN Planning: 1. This proposal is significantly different than the original Preliminary Review proposal with respect to impacts on native vegetation. During the Preliminary Review process, Property and Environmental Management representative Mike Grim discussed the City's willingness to support a Minor HMP Amendment to pull the Habitat Management Plan (HMP) hardline preserve area back to the existing vegetation line, as allowed by Section 20.1 of the HMP GPA 11-08/ZC 11-03/CUP 11-06.P 11-05/HMP 11-06-FAIRFIELD INN C.BAD October 28, 2011 Pa e 3 Implementing Agreement. The HMP amendment for the mapping error can be supported by staff if the preserve boundary is redrawn to the edge of the existing native vegetation. Similarly, a customized management and monitoring of the remaining on-site HMP Hard line Preserve may be supported provided the property is still covered by a Conservation Easement and has secured a financial mechanism to fund the maintenance and monitoring activities. The current proposal is however also requesting to take portions of the existing native vegetation that is located within the HMP hardline. In order to approve this take, City staff is required to make findings to allow the minor HMP amendment pursuant to Section 21.210.080.3(a-c). Based upon our review of the required findings, City staff is not willing to recommend support of your request to take the na·ive habitat as proposed. However, if the applicant is intent on pursuing this request, then the following information must be submitted: a) Per Subsection 3b, please provide data and information "which clearly demonstrates that the project design, siting, and size are the minimum necessary to make the project feasible or provide an economically viable use of the property." b) Subsection 3.c.ii, requires that all project alternatives be analyzed in an appropriate environmental (CEQA) document. No CEQA document has been prepared yet. Please provide an analysis of project alternatives which will be necessary to make this finding. c) Subsection 3.c.iii, requires that impacts to habitat have been minimized to the maximum extent possible. Please provide an· analysis that shows that the impacts to habitat are necessary and unavoidable. d) Subsection 3.c.iv, requires that the project mitigates its impacts to the maximum extent practicable. The lack of long term, fully funded management and monitoring on the adjacent HMP Hardline Preserve makes it difficult to satisfy this finding. Please provide an analysis to show how the impacts are being mitigated. e) Subsection 3.c.v, requires that there is the ability to meet our habitat conservation requirements in the HMP and associated documents. These documents require that all preserve areas be managed and monitored to the HMP standards and are fully funded. Please provide a Property Analysis Report to demonstrate this compliance. 2. Please provide a detail of the trash and mechanical enclosures including elevations drawn to scale, per Carlsbad Municipal Code (CMC) Section 21.34.080(6), "screening walls ... shall be architecturally integrated with the surrounding buildings." Be sure to include the height of the mechanical equipment and show any proposed screening. All mechanical equipment on the roof or on-grade, is re~uired to be screened from view from all pedestrian, and vehicular vantage points. 3. Please eliminate the proposed future sign locations from the elevations. Proposed signage including wall signs, directional and monument signs will be addressed under a separate sign program permit. 4. Please modify the fire suppression zone line as needed. The line does not appear correct or complete. 5. Parking spaces shall have an area of 170 square feet exclusive of drive aisles with a width not less than 8 Yz feet. Subject to the approval of the Planning Director, up to a 2 Yz foot overhang may be permitted except: no overhang may be allowed into any required setback areas, and; GPA 11-08/ZC 11-03/CU-06/HMP 11-05/HMP 11-06-FAIRFIELD. CARLSBAD October 28, 2011 Pa e 4 compact spaces must be a minimum of 8 feet by 15 feet with no overhang permitted. Please redesign the parking to comply with both of these requirements and provide parking space dimensions including overhangs. 6. Please provide calculations showing compliance ·with Section 21.34.070(2)8 of the Carlsbad Municipal Code, demonstrating that the front yard average setback of 35 feet is being met. Also, please provide clarification as to what fences, patio covers, etc. will be located within the 25 foot to 35 foot average setback area. 7. Please provide on the plans all material types and colors. If Fairfield has built this type of product architecture before, please include the website information and/or pictures so staff can describe the architectural style to the Planning Commissioners. As submitted staff has concerns with the architectural design of the project, especially pertaining to the quality of the building materials and the overall bulk and mass of the structure. Please demonstrate on the exhibits that the project is incorporating high quality building materials, features, and fa~ade relief that are consistent with the surrounding natural environment. 8. The project is encroaching over a portion of lot 15 of Carlsbad Tract No. 80-38, which is presently developed with an existing industrial building and parking lot. Please provide with a formal submittal, documentation supporting the proposed project boundaries. Furthermore, the project is proposing to utilize existing parking stalls that were developed as part of this existing industrial building. Please demonstrate how the existing industrial project rneets its parking requirements minus these existing spaces. 9. The project site is encumbered by an SDG&E utility easement along its westerly boundary. Please provide a letter or signed plans showing consultation with SDG&E and their approval of development within the easement. Engineering Comments: Land Development Engineering has completed a review of the above-referenced project for completeness and engineering issues of concern. All items needed for engineering review are provided for determining the application as complete. Engineering issues which need to be resolved or adequately addressed prior to staff making a determination on the proposed project are as follows: 1. Coordinate with SDG&E to maintain access to their major overhead powerlines located adjacent and upslope of the property. It appears that SDG&E is currently using the subject property to access the power lines. There are two SDG&E easements that appear on the title report that are not plotted. Please provide copies of these recorded easements as they may address SDG&E's access to the power lines. 2. large amounts of silt have been discharging from the concrete brow ditch located at the southeasterly end of the property. Please identify the source of the erosion and address. 3. We strongly advise that you contact the Buena Sanitation District early in the process to inform them of your intent to construct a patio, spa, etc. within their easement. Ultimately, a condition of project approval will be added requiring the district's approval prior to issuance of grading permits. GPA 11-08/ZC 11-03/CUP 11-0·P 11-05/HMP 11-06-FAIRFIELD INN C .. BAD October 28, 2011 Pa e 5 4. Provide additional details regarding the proposed bioretention areas and storage vault(s). Show proposed storm drain and inlet connections designed to handle the 10 year storm and show location of submerged perforated pipe and orifice ·restriction (orifice sizing not necessary at this time) designed to release 10% of the Q2 storm event. 5. Please address redlined comments on the attached site plan, landscape plan and grading and drainage plan. 6. Please address red lined comments on the attached soils report, SWMP and drainage report. Landscaping Comments: Please make the following revisions to the plans so that they will meet the requirements of the City of Carlsbad's Landscape Manual. Numbers below are referenced on the red line plans where appropriate for ease in locating the area of the comment concern. 1. Please clearly show and label all easements on the landscape plans. Revise plantings as appropriate for the easement (trees are not· allowed within public utility easements; verify requirements in the SDG&E easement with SDG&E). 2. Please add the street name. 3. The plan proposes several existing, healthy, large Pines and Alders to be removed. It appears that many of these trees can be saved in place with minor revisions to walks and grading. Please revise layout and grading to save trees where possible. Building signage should be relocated to coordinate with existing trees. 4. Please indicate the following percentages: a. Percent of the total site used for landscaping. b. Percent of the landscaped area (as defined in Appendix G) of each planting zone as described in Section A.S-3 and Appendix A. 5, Please show any bio-swales/detention basins or underground drainage collection systems (in or under planting areas that could impact the planting) and work these facilities into the design. 6. Landscaping consisting of ground cover, shrubs, and trees shall be used to screen elements of unsightliness and screen/soften new improvements. Landscaping shall be used to accentuate and enhance architecture. Please add tall evergreen trees/palms along the east side of the building to soften and enhance this elevation. 7. Please graphically show proposed landscaping of the recreation area. Plan notes indicate tropical landscaping; however nothing is shown. 8. The maximum tree size proposed is 24" box. It is recommended that specimen size trees (36"- 60" box) be used at focal points and entries in order to provide immediate impact and to be more in scale with the building mass. Please review. 9. Landscape elements over 30" in height (including planting measured at maturity) are not allowed at street corners within a triangular zone drawn from two points, 25' outward from the GPA 11-08/ZC 11-03/CU~-06/HMP 11-05/HMP 11-06-FAIRFIELD I CARLSBAD October 28, 2011 Pa e 6 beginning of curves and end of curves. (See Appendix C.4). The same height limitation applies at driveways 25' from the edge of the apron outward along the curb then 45-degrees in toward the property. Please clearly show and label the traffic sight lines and insure these requirements are met. 10. All utilities are to be screened. ·Landscape construction drawings will be required to show and label all utilities and provide appropriate screening. Please also locate all light poles on the landscape plans and insure that there are no conflicts with trees. 11. Provide a minimum of one street tree for every 40' of street frontage. Trees may be planted on center or grouped. Locate street trees: a. A minimum of 3' outside the public right-of-way. b. A minimum of 5' from paving. c. A minimum of 7' from any sewer line. d. Not in conflict with public utilities. e. Not to be allowed on street corners within a. triangular zone drawn from two points, 25' from the beginning of curves and end of curves or within sight lines as described under "Sight Distance" above. (See Appendix C.4). 12. Trees shall be provided at the minimum rate of one per every four parking stalls. Trees pertaining to this requirement shall be located within the parking area, exclusive of parking lot setbacks. The trees shall be located in close proximity to the spaces they are to shade. 13. Planting or any combination of planting, mounding, and decorative walls shall be used to provide screening from adjacent property or streets of the parking area to a height of 3'. Please address. 14. At least three percent of parking areas shall be planted and maintained with trees or approved shrubs. The plantings shall be contained in planting areas with a minimum dimension of 4' and bounded by a concrete or masonry curb of a minimum of 6" in height. The plantings shall be located throughout the off-street parking areas in order to obtain the maximum amount of dispersion. Please provide a calculation proving the percentage of landscape area provided in the parking area. 15. Please provide a colored or hatched plan showing areas proposed for the use of recycled versus potable water. This plan will be forwarded to Public Works Maintenance and Operations for review. 16. As require.d by the State of California, the City of Carlsbad has adopted a water efficient ordinance. All requirements of this ordinance are to be met. Concept plans shall include calculations which document the maximum allowed annual water use for the landscaped area or" maximum applied water allowance (MAWA) and estimated total water use (ETWU). A landscape project shall not exceed the MAWA. The MAWA for a landscape project shall be determined by the following calculation as defined in the City ordinance: MAWA = (ETo)(0.62)[(0.7 x LA)+ (0.3 x SLA)]. The ETWU shall be determined by the following calculation as defined in the City ordinance: GPA 11-08/ZC 11-03/CUP 11-06-P 11-05/HMP 11-06-FAIRFIELD INN c..IBAD October 28, 2011 Pa e 7 In addition to the calculations, include a statement on the plans signed under penalty of perjury by the person who prepared the plan that provides: "I am familiar with the requirements for landscape and irrigation plans contained in the City of Carlsbad's Water Efficient Landscape Regulations. I understand that construction drawings are to be prepared in compliance with those regulations and the Landscape Manual. I certify that the plans will be prepared implementing those regulations to provide efficient use of water." Please insure tha·t all requirements of the water use ordinance are met. The ordinance may be found at the following web site: http://library.municode.com/index.aspx?clientld=16245&stateld=S&stateName=California under Title 18. 17. Please include the extent of Planting Zone 1 (Lush) -Indicate percentage of Zone 1 planting (per Appendix A) of the total landscaped area (as defined in Appendix G). Provide justification for the appropriateness of where Zone 1 plantings are used in terms of water conservation. (For example, are Zone 1 plantings in areas of shade where they will use less water and/or has the soil been suitably amended so as to retain relatively greater moisture?) 18. Please indicate the percentage of turf area as it relates to the total landscape area and insure the percentage does not exceed that allowed by the Landscape Manual. 19. The Fire Suppression Plan shall consist of a written and graphic plan and sections illustrating the following: a. Fire hydrant locations b. Rear yard setbacks c. Fire control planting as outlined in Section IV.F d. Emergency/maintenance access e. Maintenance responsibility and schedule of frequency f. Any other project modifica~ion to protect the development from fire hazards g. Street widths dimensioned Please address these items. Please also clearly indicate the type of fire suppression zones ("A" for manufactured slopes or "B" for native slopes). 20. Fire suppression zones A-1 and B-1 do not allow trees or shrubs. Please address. 21. Afrocarpus gracilior is a high fuel species. Please provide a substitute where located within the fire suppression zones. Please review all other proposed species to insure only low fuel species are located within the fire suppression zones. 22. RETURN REDLINES and provide 2 copies of all plans (concept, water conservation, fire protection, and colored water use plan) for the next submittal. Fire Comments: Fire comments will follow under a separate cover. •• Geotechnical • Geologic • Coastal • Environmental 5741 Palmer Way • Carlsbad, California 92010 • (760) 438-3155 • FAX (760) 931-0915 • www.geosoilsinc.com September 14, 2011 Excel Hotel Group 10660 Scripps Ranch Boulevard, Suite 100 San Diego, California 92131 Attention: Mr. Neil Patel W.O. 6286-A-SC Subject: Preliminary Executive Summary, Geotechnical Investigation for a Proposed Hotel Site, Lot 16, Palomar Oaks Business Park, Portion of Carlsbad Tract 80-38, Carlsbad, San Diego County, California Dear Mr. Patel: In accordance with your request, GeoSoils, Inc. (GSJ), has performed a preliminary geotechnical investigation of the subject site. The purpose of our investigation was to evaluate the subsurface geologic and general geotechnical conditions of the site, relative to the proposed development, and to present recommendations for grading and foundation design, and construction from a geotechnical viewpoint. The following executive summary of our preliminary evaluation is provided for you review. The completed evaluation is forthcoming. Based on our review of the available data, field exploration, laboratory testing, geologic and engineering analysis, as well as our experience on nearby sites, the proposed three-story hotel development of the property appears to be feasible from a geotechnical viewpoint, provided the recommendations presen.ted in the text of our forthcoming report are properly incorporated into the design and construction of the project. The most significant elements of this study are summarized below: " The site appears to be primarily underlain with surficial deposits of existing artificial fill, overlying alluvium, which in turn, overlies formational sedimentary deposits belonging to the Tertiary-age Santiago Formation. With the recommended remedial earthwork and detailing treatment, these materials are generally considered to be suitable for the support of new fills and settlement-sensitive improvements; however, mitigation will likely be constrained by perimeter confining conditions, such as the existing sewer easement. Based on the available data, the existing fill is on the order of approximately 14 to 20 feet, and the underlying alluvium is about 5 to 7 feet thick. Documentation of the existing fill compaction was not available for review. .. ·:. " A sewer easement traverses the northern portion of the site. Based on our review, the easement contains two sewer lines, with the deepest line occurring at depths on the order of 20 to 30 feet below existing grades. Documentation of sewer trench backfill .was not available for review. Trench backfill may be an additional14 feet thick in this area. • A perched groundwater table was encountered within the alluvial soil layer immediately below existing fill. Regional goundwater should not significantly affect site development provided that the recommendation presented in our forthcoming report are incorporated into the design and construction of the project. In general, perched groundwater conditions, along zones of contrasting permeabilities, may not be precluded from occurring in the future due to site irrigation, poor drainage conditions, or damaged utilities. Perched groundwater should be anticipated to occur during grading and after development, and may require additional mitigation when it manifests itself. Subdrains are typically used to control subsurface water and are recommended herein. • The presence of landslide deposits, slumps, or other significant forms of mass wasting were not observed within the existing pad area. Surficial landslide deposits may exist within existing, north facing slope areas to the south of the site. These deposits have been evaluated by others, and should not significantly affect site development. Other adverse geologic structures, such as pervasive out of slope bedding or fractures, to the depths explored, were not encountered onsite, or noted onsite. This slope is erosive. Regular and periodic maintenance of this slope area should be incorporated into project planning and design. • Active faulting was not noted ,during our document review, or during site exploration, and surface rupture should not affect site development. Due to the proximity of active faults within the influence of the site, as with most of southern California, the seismic acceleration values and design parameters provided in our forthcoming report should be utilized during the design of the proposed project. • While the potential for damaging deformations due to liquefaction (i.e. surface rupture, sand dikes, etc.) is considered low, seismic densification (settlement) ofthe underlying soils, especially the underlying alluvium, cannot be precluded, and is evaluated. Other seismic hazards, such as fault rupture, ground lurching, and ground shaking, have a relatively higher potential to occur during an earthquake on one of the nearby faults. However, it should be noted that faults, active or inactive, do not appear to underlie the site and the potential risk due to these hazards is no greater than for other residential structures in the general vicinity. " A representative sample of near surface site soil was tested for expansion potential. The Expansion Index (E. I.) test was performed in general accordance with ASTM Standard D 4829, and was classified according to Table 18A-I-B in Chapter 18 ofthe Excei.Hotel Group Lot 16, Palomar Oaks Business Park File:e:\wp10\6200\6286a.pes GeoSoils, Inc .. W.O. 6286-A-SC September 14, 2011 Page2 2001 California Building Code ([2001 CBC], International Conference of Building Officials [ICBO], 2001). Please note the 2010 California Building Code ([201 0 CBC], California Building Standards Commission [CBSC], 201 0) no longer assigns expansion indices, and as such, we have utilized these previous 2001 CBC expansion index standards only to characterize the on site soils. The laboratory test results indicate that the soil expansion potential for the tested sample was medium, to possibly highly expansive (EI51-120) . ., A representative sample of site material has been evaluated for corrosion, soluble sulfate, etc. Laboratory testing indicates that site soils generally have a moderate sulfate exposure to concrete, per Table 4.2.1 of ACI 318-08 (per the 2010 CBC [CBSC, 2010]), and the use of Type II cement is recommended. Corrosion testing (pH/resistivity) indicates that the soils are slightly acid (pH= 6.0) with respectto soil acidity/alkalinity, and are is highly corrosive to ferrous metals when saturated (saturated resistivity= 330 ohm-em [California Highway Design Manual, 2006]). Chloride content of the soil is not considered corrosive (Caltrans, 2003). Alternative testing methods and additional comments should be obtained from a qualified corrosion engineer with regard to foundations, piping, etc. Additional corrosion testing testing should be performed at the completion of site grading. .. The existing alluvial soils underlying existing fills are anticipated to consolidate due to additional fill loading, and during a seismic event. Our forthcoming evaluation of settlement potential has considered alluvial settlement (both static and dynamic), and settlement due to structural loads in foundation design. All existing structures, utilities, deleterious debris, and vegetation should be removed from the site and properly disposed, should settlement-sensitive improvements be proposed within their influence. It should be noted that the 201 o CBC (CBSC, 201 0) indicates that for fill placed under the purview of the grading permit, removals of unsuitable soils be performed across all areas to be graded, not just within the influence of the residential structure. Relatively deep removals may also necessitate a special zone of consideration, on perimeter/confining areas. This zone would be approximately equal to the depth of removals, if removals cannot be performed offsite to mitigate site perimeter conditions. Thus, any settlement-sensitive improvements (walls, curbs, flatwork, etc.), constructed within this site perimeter zone, may require deepened foundations, reinforcement, etc., or will retain some potential for settlement and associated distress. " Removals across the site are anticipated to be on the order of 2 to 3 feet, with locally deeper removals possible. In order to provide for the uniform support of the building, overexcavation to provide a minimum 5-footthick layer (cap) of compacted fill is recommended beneath the building, and for at least 5 feet beyond the building footprint (including any exterior isolated footings, etc.). Within others areas Excel Hotel Group Lot 16, Palomar Oaks Business Park Rle:e:\wp1 0\6200\6286a.pes GeoSoils, lne .. W.O. 6286-A-SC September 14, 2011 Page 3 supporting settlement sensitive improvements (i.e., pavements, flatwork, etc.), a minimum 1-foot thick layer of compacted fill should be provided beneath the improvement(s). Driveways and loading areas may require deeper treatment. " The sewer easement is immediately adjacent to the planned pool, and portions of the north side of the building. Any future repair work to the sewer lines in this area could result in excavations in excess of 25 feet, and will result in undermining soil support for the pool and building. This condition is evaluated in our forthcoming report. " Support of the new building should be provided entirely by engineered and compacted fill. As discussed, onsite soils are expansive, with expansion index of 78 (medium expansive) evaluated. As such, a post tension, or mat-type slab foundation would be best suited for this site. The use of a "stiffened" foundation may also be considered, provided that design meets 2010 CBC guidelines, and is in accordance with site conditions. Portions of the buildings north side are located adjacent to the existing sewer easement, and will surcharge the easement area and sewer pipes. In these areas, a combination foundation, utilizing deep foundations bearing in suitable bedrock is recommended. Structural detailing and attention to seismic response of the potential different foundation systems is recommended. " Given that the planned pool area is located immediately adjacent to the existing sewer easement, and due to expansive soils and potential settlement considerations, the proposed pool should be supported on drilled piers embedded within the unc;lerlying bedrock. Alternatively, the pool structure could be sacrificed in the event of future easement work, or allocate significant shoring, with the possibility of distress to the pool structure may be considered. Should· deep foundations not be utilized, some distress to the pool should be anticipated. • Retaining wall design and construction recommendations are provided in our forthcoming report. The expansive, onsite soils are not considered suitable for use as wall backfill. As such, the importation of a select backfill will be necessary. o Recommendations for concrete (PCC) and asphaltic concrete (AC) pavements will be provided. Site soils are relatively fine grained (i.e., high clay/silt content) and are considered to be relatively poor subgrades. As such, relatively thicker pavement sections will be necessary to accommodate these soil conditions. Alternatively, soil treatment of the clayey soils may also be considered to improve subgrade conditions. ... The recommendations presented in our forthcoming report should be incorporated into the design and construction considerations of the project. Excel Hotel Group Lot 16, Palomar Oaks Business Park File:e:\wp1 0\6200\6286a.pes GeoSoils, lne. W.O. 6286-A-SC September 14, 2011 Page 4 The opportunity to be of service is greatly appreciated. If you have any questions concerning this report, or if we may be of further assistance, please do not hesitate to contact any of the undersigned. Respectfully submitted, GeoSoils, Inc. Robert G. Crisman Engineering Geologist, CEG 1934 RGC/JPF/ATG/jh Distribution: (4) Addressee Excel Hotel Group Lot 16, Palomar Oaks Business Park File:e:\wp1 0\6200\6286a.pes Andrew T. Guatelli Geotechnical Engineer, GE 2320 GeoSoils, lne. W. 0. 6286-A-SC September 14, 2011 Page5 .. • The opportunity to be of service is greatly appreciated. If you have any questions concerning this report, or if we may be of further assistance, please do not hesitate to contact any of the undersigned. Respectfully submitted, RGC/JPF/ATG/jh Distribution: (4) Addressee Excel Hotel Group Lot 16, Palomar Oaks Business Park File:e:\wp1 0\6200\6286a.pes ate IIi Geotechnical Engineer, GE 2320 W.O. 6286-A-SC September 14, 2011 Page5 ,, e • I e/n C.Onsulling, lne. 44~ C.rest£-ourf Lane, FallbrooK C.A '/2.02.8 phone 1~0-4""-12.~ www.ldn£-onsulfing. net fa1' 1~0-~8'1-4'14? August 30, 2011 Mr. Neil Patel Excel Hotel Group 10660 Scripps Ranch Blvd Suite #100 San Diego, CA 92131 Subject: Fairfield Inn and Suites Development Interior Noise Assessment Carlsbad CA Dear Mr. Patel: The firm of Ldn Consulting, Inc. is pleased to submit the following interior noise impact analysis for the proposed Fairfield Inn and Suites hotel development in the City of Carlsbad. The purpose of the survey is to determine the estimated interior noise levels within the residential structures and recommend mitigation measures for compliance with the California Code of Regulations Title 24 and the City of Carlsbad guidelines and requirements for interior noise. PROJECT LOCATION/DESCRIPTION The proposed project is located on Palomar Oaks Way near the intersection of Palomar Airport Road east of College Boulevard in the City of Carlsbad CA. The primary noise source that affects the site is from vehicular traffic from Palomar Airport Road located approximately 100 feet north and parallel to Palomar Oaks way. The project vicinity can be seen in Figure 1. The Project consists of a single 3 story building with 96 hotel rooms and an outdoor pool and spa area located along the northern side of the proposed building. The site plan is provided in Figure 2 below showing the proposed building configuration and outdoor area. 8/30/2011 1 1169-03 Fairfield Inn Noise Report Mr. Neil Patel Excel Hotel Group 10660 Scripps Ranch Blvd Suite #100 San Diego, CA 92131 Ldn &«<ttuullng, lne. 44v C.resleourl L3ne, FallbrooK c.A '/2028 phone 7vo-4"1?-12~ Fa~ 7vo-vB'I-4'!4? Figure 1: Project Site Location 8/30/2011 Project Location .Agua He<lionda C81.Wt:r tillls Vollage .-!- Ocean Mc.CI Jla Palo ar • lrpo 8allq0itos Logoon Encinitas 2 "' ;;:: l ~ Vista 1,\0IVe V. I:K s' @ 1 ~ g 't " ~ • \ '~ \ ~ I s-,<"~ W$111"1 I, Co ta 0 ks SOIM 1-~ ., Rd San Marcos Lake San Marcos Bl'd~AI Rardlo S nta F 0 Rancho ® 1169-03 Fairfield Inn Noise Report Mr. Neil Patel Excel Hotel Group 10660 Scripps Ranch Blvd Suite #100 San Diego, CA 92131 LJn ~ng, lne.. 44(, C.resft:ourf Lane, F.allbrooK C.A '/202fJ phone 7vo-41?-12~ F.a'J' 7vO-vfJ'/-4'!4~ Figure 2: Proposed Project Site Plan of:t..KS WAY statistics bu•lcli"'Qo.ta ksllloof 24 un.ts 1S,732s I lecond lloor 38ul"'il$ •6,311 s.l lhord-38UI'IIS t63J1 s.t OOilllo 100 units 4!.3.;.1 s.f. pr;i~t\!fiQrtq..(~ 1.2 spaces'* urit • 12fi s!a!b. req!llled slar'dardJt*ISpro'llded 89stab 74% ctWTtPact Witt pnMded S2 stall 26,._ wc.altlalt~ 120au¥1t ACOUSTICAL FUNDAMENTALS site plan scale 1 • =20' -o· 20 •o 60 eo ~ 100 NORTH EXISTtNG OFFICE BUILDING Noise is defined as unwanted or annoying sound which interferes with or disrupts normal activities. Exposure to high noise levels has been demonstrated to cause 8/30/2011 3 1169-03 Fairfield Inn Noise Report Mr. Neil Patel Excel Hotel Group 10660 Scripps Ranch Blvd Suite #100 San Diego, CA 92131 hearing loss. The individual human response to environmental noise is base on the sensitivity of that individual, the type of noise that occurs and when the noise occurs. Sound is measured on a logarithmic scale consisting of sound pressure levels known as a decibel (dB). The sounds heard by humans typically do not consist of a single frequency but of a broadband of frequencies having different sound pressure levels. The method for evaluating all the frequencies of the sound is to apply an A-weighting to reflect how the human ear responds to the different sound levels at different frequencies. The A-weighted sound level adequately describes the instantaneous noise whereas the equivalent sound level depicted as Leq represents a steady sound level containing the same total acoustical energy as the actual fluctuating sound level over a given time interval. The Community Noise Equivalent Level (CNEL) is the 24 hour A-weighted average for sound, with corrections for evening and nighttime hours. The corrections require an addition of 5 decibels to sound levels in the evening hours between 7 p.m. and 10 p.m. and an addition of 10 decibels to sound levels at nighttime hours between 10 p.m. and 7 a.m. These additions are made to account for the increased sensitivity during the evening and nighttime hours when sound appears louder. CNEL values do not represent the actual sound level heard at any particular time, but rather represents the total sound exposure. Additionally, Sound Transmission Class (or STC) is an integer rating of how well airborne sound is attenuated by a building partition. STC is widely used to rate interior partitions, ceilings/floors, doors, windows and exterior wall configurations (see ASTM International Classification E413 and E90). The STC number is derived from tested sound attenuation values found at the 1/3 octave band frequencies. These transmission-loss (TL) values are then plotted and compared to a standard reference contour. Acoustical engineers fit these values to the appropriate TL Curve to determine a single STC value found at 500 Hertz. STC is roughly the decibel reduction in noise a partition can provide, abbreviated 'dB'. If an 85 dB sound on one side of a wall is reduced to 50 dB on the other side, that partition is said to have an STC of 35. This number does not apply across the range 8/30/2011 4 1169-03 Fairfield Inn Noise Report Mr. Neil Patel Excel Hotel Group 10660 Scripps Ranch Blvd Suite #100 San Diego, CA 92131 Ldn &«<MM#Hng, /ne,. 44(, t;re61eourl Lane, FallbrooK t:A 12026 phone 7(,0-4~-12.~ Fa~ 7(,tJ-(,fJ1-4'14~ of frequencies because the STC value is derived from a curve-fit from the tested 1/3 octave band frequencies. Any partition will have less TL at lower frequencies. For example, a wall with an STC of 35 may provide over 40 dB of attenuation at 3000 Hz but only 15 dB of attenuation at 125 Hz. INTERIOR NOISE STANDARDS California's Title 24 Noise Standards In 1974, the California Commission on Housing and Community Development adopted noise insulation standards for multi-family residential buildings (Title 24, Part 2, California Code of Regulations or CCR). CCR Title 24 establishes standards, based on the U.S. Department of Housing and Urban Development (HUD) requirements, for interior room noise (attributable to outside noise sources). The regulations also specify that acoustical studies must be prepared whenever a multi-family residential or motel/hotel building or structure is proposed to be located near an existing or adopted freeway route, expressway, parkway, major street, thoroughfare, rail line, rapid transit line, or industrial noise source, and where such noise sources create an exterior CNEL (or Ldn) of 60 dBA or greater. Such acoustical analysis must demonstrate that the residence has been designed to limit intruding noise to an interior CNEL (or Ldn) of at least 45 dBA. City of Carlsbad Noise Standards The City of Carlsbad has adopted interior and exterior noise standards for transportation related sources as part of their Noise Guidelines Manual General for assessing the compatibility of land uses with transportation related noise impacts. The guidelines for maximum exterior noise levels for non-residential uses are provided in the Land Use Compatibility for Community Noise Environments Matrix (see Figure-iii of the City Noise Guidelines Manual For transient, lodging, hotels and motel uses, the City recommends an exterior noise level of less than 65 dBA CNEL and an interior noise level of less than 45 dBA CNEL. 8/30/2011 5 1169-03 Fairfield Inn Noise Report Mr. Neil Patel Excel Hotel Group 10660 Scripps Ranch Blvd Suite # 100 San Diego, CA 92131 ANALYSIS PROCEDURES Exterior Noise Levels Ldn &.tJntlulllng, lne.. 44(, C.resftourl L3ne, FallbrooK t:.A '/1.01.6 phone 7(,o-4~-11.~ FaJ 7(,o-(,Sf-4'141 To determine the future noise environment the Caltrans Sound32 noise model was utilized. The critical model input parameters, which determine the projected vehicular traffic noise levels, include vehicle travel speeds, the percentages of automobiles, medium trucks and heavy trucks in the roadway volume, the site conditions (hard or soft) and the peak hour traffic volume. The peak hour traffic volumes range between 6- 12% of the average daily traffic (ADT) and 10% is generally acceptable for noise modeling purposes. The required coordinate information necessary for the Sound32 traffic noise prediction model input was taken from the preliminary site plans provided by Coffey Engineering and Robert F. Tuttle Architects (August 2011). To determine the future noise levels the preliminary site plans were used to identify the pad elevations, the roadway elevations, and the relationship between the noise source(s) and the receptor areas. To evaluate the future potential noise levels at the proposed development's building facades; modeled observers were located at the facades adjacent to the roadways. The first floor modeled observers were placed five feet above the finished pad elevation. All second floor facades were located fifteen feet above the proposed pad elevation and third floor facades were modeled twenty five feet above the pad elevation. Table 1 presents the roadway parameters used in the analysis including the average daily traffic volumes, vehicle speeds and the hourly traffic flow distribution (vehicle mix) for the future buildout conditions. The vehicle mix provides the hourly distribution percentages of automobile, medium trucks and heavy trucks for input into the Sound32 Model. The Buildout conditions include the future year 2030 traffic volume forecasts provided SANDAG Series 11 Traffic Prediction Model and the peak hour traffic volumes and vehicle speeds. The modeled building facade and outdoor use area locations are presented in Figure 3 below. The future exterior noise levels from Palomar Airport Road are provided in Table 2 and the Sound32 model inputs and outs are provided as Attachment A. 8/30/2011 6 1169-03 Fairfield Inn Noise Report Mr. Neil Patel Excel Hotel Group 10660 Scripps Ranch Blvd Suite #100 San Diego, CA 92131 LJn ~ng, lne. 44(, C.reslt:ourt L;me, F11llbrooK C.A '/202fJ phone 7(,o-47?-12!i? F111< 7t,o-{,fJ'/-4'/4'i1 Table 1: Future Traffic Parameters Roadway Palomar Airport Road Average Daily Traffic (ADT) 1 35,000 1 Source: SANDAG 2030 Traffic Prediction Model 2 10% of the ADT 3 Typical Vehicle Mixed observed in City of Carlsbad Peak Hour Volume 2 - Modeled Speeds (MPH) 1 Figure 3: Receptor Locations WAY 8/30/2011 7 Vehicle Mix % 3 Auto Medium Heavy Trucks Trucks - 1169-03 Fairfield Inn Noise Report Mr. Neil Patel Excel Hotel Group 10660 Scripps Ranch Blvd Suite #100 San Diego, CA 92131 LJn &«<lluullng, lne.. 44u t:resteourl Lane, FallbrooK t:A f2tJ26 phone 7uo-471-12~ Fay. 7utJ-(,fJ'I-4'/411 Table 2: Future Exterior Noise Levels Receptor First Floor Second Floor Third Floor Number Receptor Description Noise Level Noise Level Noise Level (dBA CNEL) (dBA CNEL) (dBA CNEL) 1 NW Building Facade 63.6 64.6 66.7 2 NE Building Facade 63.6 64.3 66.4 3 Pool/SPA Area 63.6 ---- *Interior noise reductions are needed to meet 45 dBA CNEL standard. As can be seen in Table 2, the exterior outdoor use areas at the pool and spa area are below the City's 65 dBA CNEL threshold and no mitigation is required. The building facades are above 60 dBA CNEL and therefore interior noise reductions need to be evaluated to determine compliance with the 45 dBA CNEL standard. Interior Noise Levels The methodology used to determine the resultant interior noise levels is based upon the exterior noise level minus the sound transmission loss as identified in the American Society of Testing and Materials (ASTM) guidelines: E413 &E90. Standard building construction will provide a noise reduction of approximately 15 dBA with a windows open conditions and minimum 20 dBA noise reduction with the windows closed. The exterior noise levels at the proposed structures calculated in terms of dBA are converted to the six octave band sound pressure levels between: 125 Hertz -4000 Hertz. Acoustical modeling of the proposed project dwelling units was performed in accordance with the above guidelines and included combining the transmission loss for each of the building components that will reduce the interior noise levels. Building components typically include the windows, exterior doors, and exterior walls. The total noise reduction is dependent upon the transmission loss of each building component, their subsequent surface area, quality of the building/construction materials, a building fac;ade and angle correction. 8/30/2011 8 1169-03 Fairfield Inn Noise Report Mr. Neil Patel Excel Hotel Group 10660 Scripps Ranch Blvd Suite #100 San Diego, CA 92131 Ldn~II!J,Int:.. 44(, C.resfeourt Lane, FallbrooK c.A '/202fJ phone 7t,o~4~~12~ FaJl 7t,o~{,IJ'f~4'14~ The interior noise level is also dependent on the acoustical energy absorbed within the room based upon the Noise Reduction Coefficients (NRC). NRC is a scalar representation of the amount of sound energy absorbed upon striking a particular surface and the arithmetic value average of sound absorption coefficients indicating a material's ability to absorb sound. The absorption coefficients for individual surface areas such as carpet, drywall and furnishings are used to calculate the interior room effects. The calculated building noise reduction includes both the room absorption characteristics and the transmission loss from the exterior wall assembly. The interior noise reduction calculations were performed using Ldn's interior noise model. The model converts the exterior sound level to octave band frequencies and accounts for the transmission loss, correction factors and room absorption. The floor plans used for this analysis were provided by Robert F. Tuttle Architects dated August 26, 2011. The following construction details were utilized for each of the building assemblies to determine the noise reduction characteristics: Exterior walls and roof assemblies must have a Sound Transmission Class (STC) rating of 46 or better. Exterior walls with this rating consist of 2"x 4" studs or larger, spaced 16" o.c. with R-13 insulation minimum and an exterior surface of 7 /8" cement plaster (stucco). Interior wall and ceiling surfaces shall be at least 1/2" thick gypsum or plaster. Roof assemblies should have a minimum of 1/2" sheathing, R-19 insulation and sealed to prevent noise leaks. Glass assemblies should be dual-paned and acoustical sealant applied around the exterior edges. The window assemblies are generally the weakest noise reducing component but are the most convenient and cost effective elements to change if additional attenuation is needed. The STC ratings for the glass assemblies was calculated in the interior noise model and provided in the findings below. Bathrooms, kitchens, closets and corridors are not required to meet the 45 dBA CNEL standard and therefore were not modeled. All living areas where lower noise levels are essential for conversation and sleep should have carpeting installed; this includes bedrooms and living rooms. These rooms and were modeled to determine the interior noise reductions. If the modeled interior noise levels were found to be higher than 45 dBA CNEL in the living areas with the minimum assembly requirements described 8/30/2011 9 1169-03 Fairfield Inn Noise Report Mr. Neil Patel Excel Hotel Group 10660 Scripps Ranch Blvd Suite #100 San Diego, CA 92131 LJn~lne.. 44(, C.re61eourt Lane, F.allbrooK t:.A '/2028 phone 7(,()-471-12~ F.al' 7/,o-(,S'f-4'14i1 above additional modeling was performed to determine the minimum STC rating for the glass assemblies to further reduce interior noise levels below the acceptable interior threshold of 45 dBA CNEL. FINDINGS The exterior noise levels were determined to be 66.7 or roughly 67 dBA CNEL. Basic calculations show that a windows open condition will only reduce the interior noise levels 15 dBA CNEL and not provide adequate interior noise mitigation. To meet the 45 dBA CNEL interior noise standard, an overall minimum interior noise level reduction of roughly 22 dBA CNEL is needed for the proposed project. Therefore a closed window condition is required to reduce interior noise levels to comply with CCR Title 24 and City of Carlsbad requirements. The windows closed condition requires that mechanical ventilation is installed to move air within the structure and control temperatures. The mechanical ventilation must meet the jurisdictional requirements for these dwelling units. The worst case building fac;ade noise level was calculated to be almost 67 dBA CNEL. The necessary Sound Transmission Class and transmission losses for all glass assemblies of the hotel room units and common use areas are provided in Table 1. The required structural treatments for the proposed building for all floor plans and units are summarized below in Table 2. The modeled results with an anticipated interior noise level of 45 dBA CNEL or less are provided as Attachment B to this report. Table 1: Sound Transmission Class Ratings STC Octave Band Transmission Loss {Hz) Assembly . 1 Ratmg 125 250 500 1000 2000 4000 Windows f---- Giass Doors f----- 1 STC Ratings used in Model 8/30/2011 26 26 17 21 16 24 10 22 27 31 27 35 24 27 28 1169-03 Fairfield Inn Noise Report Mr. Neil Patel Excel Hotel Group LJn ~ng, lne.. 10660 Scripps Ranch Blvd Suite #100 San Diego, CA 92131 44(, C.restUJurl Lane, FallbrooK c.A '/2Dt.S phone 7t,o-471-lt.~ FaJ 7(,o-{,IJ'f-4'14~ Table 2: Structural Noise Requirements Building Arch itectu ra I Assembly STC Rating Required Number/Type Plans/Rooms Stucco 46 ALL ALL Windows 26 Glass Doors 26 Source: Ldn Interior Noise Model, 2011 All glass assemblies should be dual-paned and acoustical sealant applied around the exterior edges having a minimum STC 26 rating. No impacts are anticipated with the incorporation of the STC and octave band ratings provided in Table 1 and the structural noise requirements listed in Table 2. If you have any questions, please do not hesitate to contact me directly at (760) 473-1253 or jlouden@ldnconsulting.net. Sincerely, Ldn Consulting, Inc. ~ Jeremy Louden Principal Attachments: A -Sound 32 Model Input and Outputs B -Interior Noise Model Calculations 8/30/2011 11 1169-03 Fairfield Inn Noise Report 1169 Fairfield -First Level T-PEAK HOUR TRAFFIC CONDITIONS, 1 3360 ' 55 ' 70 ' 55 ' 70 ' 55 L-Palomar Airport Road, 1 N,69.,754,130, N,283.,669,140, N,494.,600,143, N,823.,519,144, N,1047.,493,145, N,1208.,494,146, N,1532.,548,152, N,1727.,588,157, B-Roadedge NE, 1, 1, 0,0 1571.,485,154,154, 1303.,457,149,149, 1231.,451,148,148, 958.,446,148,148, 897.,419,148,148, 892.,362,150,150, B-Roadedge NW, 2 , 1, 0 ,0 843.,433,148,148, 774.,471,147,147, 640.,492,147,147, 544.,520,146,146, 405.,565,145,145, 60.,701,130,130, R, 1, 67,500 1113,287,150.,NE Bid R, 2, 67,500 1318,299,150.,NW Bid R, 3, 67,500 1220,287,150.,Pool/spa c,c SOUND32-RELEASE 07/30/91 TITLE: 1169 Fairfield -First Level REC REC ID DNL PEOPLE LEQ(CAL) 1 NE Bid 67. 500. 63.6 2 NW Bid 67. 500. 63.6 3 Pool/spa 67. 500. 63.6 Attachment A Sound 32 Model Input/Output 1169 Fairfield -Second Level T-PEAK HOUR TRAFFIC CONDITIONS, 1 3360 ' 55 ' 70 ' 55 ' 70 ' 55 L-Palomar Airport Road, 1 N,69.,754,130, N,283.,669,140, N,494.,600,143, N,823.,519,144, N,1047.,493,145, N,1208.,494,146, N,1532.,548,152, N,1727.,588,157, B-Roadedge NE, 1, 1 , 0 ,0 1571.,485,154,154, 1303.,457,149,149, 1231.,451,148,148, 958.,446,148,148, 897.,419,148,148, 892.,362, 150,150, B-Roadedge NW, 2 , 1, 0 ,0 843.,433,148,148, 774.,471,147,147, 640.,492,147,147, 544.,520,146,146, 405.,565,145,145, 60., 701,130,130, R, 1, 67,500 1113,287,160.,NE Bid R, 2, 67,500 1318,299,160.,NW Bid C,C SOUND32-RELEASE 07/30/91 TITLE: 1169 Fairfield -Second Level REC REC ID DNL PEOPLE LEQ(CAL) 1 NE Bid 67. 500. 64.6 2 NW Bid 67. 500. 64.3 1169 Fairfield -Third Level T-PEAK HOUR TRAFFIC CONDITIONS, 1 3360 ' 55 ' 70 ' 55 ' 70 ' 55 L-Palomar Airport Road, 1 N,69.,754,130, N,283.,669,140, N,494.,600, 143, N,823.,519,144, N,1047.,493,145, N,1208.,494,146, N,1532.,548,152, N,1727.,588,157, B-Roadedge NE, 1 , 1 , 0 ,0 1571.,485,154,154, 1303.,457,149,149, 1231.,451,148,148, 958.,446,148,148, 897.,419' 148,148, 892.,362,150,150, B-Roadedge NW, 2, 1 , 0 ,0 843.,433,148,148, 774.,471,147,147, 640.,492,147,147, 544.,520, 146,146, 405.,565,145,145, 60.,701,130,130, R, 1, 67,500 1113,287,170.,NE Bid R, 2, 67,500 1318,299,170.,NW Bid c,c SOUND32-RELEASE 07/30/91 TITLE: 1169 Fairfield-Third Level REC REC ID DNL PEOPLE LEQ(CAL) 1 NE Bid 67. 500. 66.7 2 NW Bid 67. 500. 66.4 INTERIOR NOISE CALCULATIONS Project Name: Fairfield Inn Building or Unit(s) ALL Floor Level Arch Plan: Room Type: ALL ALL Standard King Exterior Noise Levels dBACNEL Exterior Noise Level (Traffic Spectrum) Correction for Angle and Fa~ade Adjusted Building Fa~ade Levels Transmission Loss {TL} Exterior Assembly Source Stucco NBS W-50-71 Windows Milgard Fixed Window Milgard Glass Doors Milgard Exterior Door NBS Monograph 77 Room Absorption (RAJ Interior Characteristics Source Carpet Army TM 5-805-4 Furnishings Army TM 5-805-4 Drywall Netwell Overall Absorption Factor (Furnished Room) Noise Reduction Area 130 0 40 0 0 Noise Reduction from Absorption based upon Floor Area Noise Level Increase for Defects and Exposed Surface Area 67.0 6 73.0 STC 46 26 26 26 26 NRC 0.28 0.45 0.07 0.8 Overall Reduction from Tranmission Loss+ Room Absorption-Surfac Building Fa<;ade Noise Level (dBA CNEL) 125 250 53.0 57.7 59.0 63.7 59.0 63.7 125 250 27 42 21 17 17 16 21 24 16 14 125 250 0.15 0.17 0.32 0.29 0.09 0.08 0.56 0.54 125 250 -23.6 -23.6 15.7 15.7 e Exposure Ldn Consulting, Inc. Date: 8/30/11 Project # 11-69 Frequency (Hz.) 500 1000 2000 4000 60.5 62.8 59.7 54.0 66.5 68.8 65.7 60.0 66.5 68.8 65.7 60.0 Transmission Loss (dB) Frequency (Hz.) 500 1000 2000 4000 44 46 49 54 25 32 37 38 22 31 35 27 27 27 24 28 23 30 36 26 Absorption Coefficients Frequency (Hz.) 500 1000 2000 4000 0.12 0.32 0.52 0.30 0.42 0.58 0.60 0.48 0.05 0.03 0.06 0.09 0.59 0.93 1.18 0.87 500 1000 2000 4000 -23.6 -23.6 -23.6 -23.6 15.7 15.7 15.7 15.7 25.9 67.0 Resultant Interior Noise level (dBA CNEL) 41 INTERIOR NOISE CALCULATIONS Project Name: Fairfield Inn Building or Unit(s) ALL Floor Level ALL Arch Plan: ALL Room Type: King Suite Exterior Noise Levels dBACNEL Exterior Noise Level (Traffic Spectrum) Correction for Angle and Fa~ade Adjusted Building Fa~ade Levels Transmission Loss (TL} Exterior Assembly Source Stucco NBS W-50-71 Windows Milgard Fixed Window Milgard Glass Doors Milgard Exterior Door NBS Monograph 77 Room Absorption (RAJ Interior Characteristics Source Carpet Army TM 5-805-4 Furnishings Army TM 5-805-4 Drywall Netwell Overall Absorption Factor (Furnished Room) Noise Reduction Area 130 0 40 0 0 Noise Reduction from Absorption based upon Floor Area Noise Level Increase for Defects and Exposed Surface Area 67.0 6.0 73.0 STC 46 26 26 26 26 NRC 0.28 0.45 0.07 0.8 Overall Reduction from Tranmission Loss + Room Absorption -Surfac Building Fac;ade Noise Level (dBA CNEL) 125 250 53.0 57.7 59.0 63.7 59.0 63.7 125 250 27 42 21 17 17 16 21 24 16 14 125 250 0.15 0.17 0.32 0.29 0.09 0.08 0.56 0.54 125 250 -24.1 -24.1 15.7 15.7 e Exposure Ldn Consulting, Inc. Date: 8/30/11 Project# 11-69 Frequency (Hz.) 500 1000 2000 4000 60.5 62.8 59.7 54.0 66.5 68.8 65.7 60.0 66.5 68.8 65.7 60.0 Transmission Loss (dB) Frequency (Hz.) 500 1000 2000 4000 44 46 49 54 25 32 37 38 22 31 35 27 27 27 24 28 23 30 36 26 Absorption Coefficients Frequency (Hz.) 500 1000 2000 4000 0.12 0.32 0.52 0.30 0.42 0.58 0.60 0.48 0.05 0.03 0.06 0.09 0.59 0.93 1.18 0.87 500 1000 2000 4000 -24.1 -24.1 -24.1 -24.1 15.7 15.7 15.7 15.7 26.4 67.0 Resultant Interior Noise Level (dBA CNEL) 41 INTERIOR NOISE CALCULATIONS Project Name: Fairfield Inn Building or Unit(s) ALL Floor Level ALL Arch Plan: ALL Room Type: Double Queen Exterior Noise Levels dBACNEL Exterior Noise Level (Traffic Spectrum) Correction for Angle and Fac;ade Adjusted Building Fac;ade Levels Transmission Loss (TL) Exterior Assembly Source Stucco NBS W-50-71 Windows Milgard Fixed Window Milgard Glass Doors Milgard Exterior Door NBS Monograph 77 Room Absorption (RAJ Interior Characteristics Source Carpet Army TM 5-805-4 Furnishings Army TM 5-805-4 Drywall Netwell Overall Absorption Factor (Furnished Room) Noise Reduction Area 130 0 40 0 0 Noise Reduction from Absorption based upon Floor Area Noise Level Increase for Defects and Exposed Surface Area 67.0 6.0 73.0 STC 46 26 26 26 26 NRC 0.28 0.45 0.07 0.8 Overall Reduction from Tranmission Loss + Room Absorption -Surfac Building Fa~;ade Noise Level (dBA CNEL) 125 250 53.0 57.7 59.0 63.7 59.0 63.7 125 250 27 42 21 17 17 16 21 24 16 14 125 250 0.15 0.17 0.32 0.29 0.09 0.08 0.56 0.54 125 250 -24.0 -24.0 15.7 15.7 e Exposure Ldn Consulting, Inc. Date: 8/30/11 Project# 11-69 Frequency (Hz.) 500 1000 2000 4000 60.5 62.8 59.7 54.0 66.5 68.8 65.7 60.0 66.5 68.8 65.7 60.0 Transmission Loss (dB) Frequency (Hz.) 500 1000 2000 4000 44 46 49 54 25 32 37 38 22 31 35 27 27 27 24 28 23 30 36 26 Absorption Coefficients Frequency (Hz.) 500 1000 2000 4000 0.12 0.32 0.52 0.30 0.42 0.58 0.60 0.48 0.05 0.03 0.06 0.09 0.59 0.93 1.18 0.87 500 1000 2000 4000 -24.0 -24.0 -24.0 -24.0 15.7 15.7 15.7 15.7 26.2 67.0 Resultant Interior Noise Level (dBA CNEL) 41 INTERIOR NOISE CALCULATIONS Project Name: Fairfield Inn Building or Unit(s) ALL Floor Level All Arch Plan: All Room Type: Double Queen Suite Exterior Noise Levels dBACNEL Exterior Noise Level (Traffic Spectrum) Correction for Angle and Fa~ade Adjusted Building Fa~ade Levels Transmission Loss (TL} Exterior Assembly Source Stucco NBS W-50-71 Windows Milgard Fixed Window Milgard Glass Doors Milgard Exterior Door NBS Monograph 77 Room Absorption (RA) Interior Characteristics Source Carpet Army TM 5-805-4 Furnishings Army TM 5-805-4 Drywall Netwell Overall Absorption Factor (Furnished Room) Noise Reduction Area 130 0 40 0 0 Noise Reduction from Absorption based upon Floor Area Noise Level Increase for Defects and Exposed Surface Area 67.0 6.0 73.0 STC 46 26 26 26 26 NRC 0.28 0.45 0.07 0.8 125 53.0 59.0 59.0 125 27 21 17 21 16 125 0.15 0.32 0.09 0.56 125 -25.3 15.7 e Exposure Overall Reduction from Tranmission Loss + Room Absorption -Surfac Building Fac;ade Noise Level (dBA CNEL) 250 57.7 63.7 63.7 250 42 17 16 24 14 250 0.17 0.29 0.08 0.54 250 -25.3 15.7 • Ldn Consulting, Inc. Date: 8/30/11 Project # 11-69 Frequency (Hz.) 500 1000 2000 4000 60.5 62.8 59.7 54.0 66.5 68.8 65.7 60.0 66.5 68.8 65.7 60.0 Transmission Loss (dB) Frequency (Hz.) 500 1000 2000 4000 44 46 49 54 25 32 37 38 22 31 35 27 27 27 24 28 23 30 36 26 Absorption Coefficients Frequency (Hz.) 500 1000 2000 4000 0.12 0.32 0.52 0.30 0.42 0.58 0.60 0.48 0.05 0.03 0.06 0.09 0.59 0.93 1.18 0.87 500 1000 2000 4000 -25.3 -25.3 -25.3 -25.3 15.7 15.7 15.7 15.7 27.5 67.0 Resultant Interior Noise Level (dBA CNEL) 39