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HomeMy WebLinkAbout2000-08-01; Housing & Redevelopment Commission; 327; Staybridge SuitesAB# 3a7 MTG. 8=-l-00 DEPT. H/RED tr+ . - - HOhING AND REDEVELOPMENI COMMISSION I AGENDA BILL TITLE- -- STAYBRIDGE SUITES RP 99-11 RECOMMENDED ACTION: That the Housing and Redevelopment Commission ADOPT Resolution No. ,g 1, APPROVING Major Redevelopment Permit No. RP99-11, including variances to exceed the maximum building height and exceed the maximum building setbacks, for Staybridge Suites Hotel, as recommended by the Design Review Board. ITEM EXPLANATION On June 26, 2000, the Design Review Board (DRB) conducted a public hearing to consider a major redevelopment permit for a new 106~suite “extended stay” hotel, known as ” Staybridge Suites”, located immediately west of Interstate 5 between the terminus of Grand Avenue and the terminus of Laguna Drive. The proposed project consists of the construction of a 72,435 square foot, three-story hotel with on-site amenities including; a swimming pool, buffet area, conference rooms, a business center, library, and guest laundry. Other on-site improvements include; 127 parking spaces, trash enclosure, exterior lights, six-foot tall masonry perimeter wall along the west property line, six-foot tall wrought iron fence with emergency access only gate along Laguna Drive and street improvements in the form of curb, gutter and sidewalk along Grand Avenue and Laguna Drive. At the public hearing, the Design Review Board members voted unanimously to recommend approval of the project as proposed with findings to grant the following variances: 1. A variance to permit front, rear, and side yard setbacks that exceed the maximum standard; and 2. A variance to permit an increase in maximum building height from 35-O” to 40’8. During the public hearing, concerns stemming from the proximity of the proposed structure to adjacent single family homes were raised by some residents along Home Avenue whose rear yards border the westerly side of the subject property. Many of the concerns focused on potential impacts from the close proximity of their homes to the proposed commercial project. These concerns include: parking lot noise, glare from headlights, and visibility of the three-story structure. In response to these concerns, the Design Review Board voted 4-l(Marquez-no) to add the following condition to the project: ’ “Additional landscaping shall be installed on the west side of the property to screen the subject project from the residential uses along the western boundary to the satisfaction of the Housing and Redevelopment Director, Planning Director, and Public Works Director. This condition has been incorporated into DRB Resolution No. 275, which is attached for review by the Commission. The Design Review Board Staff Report and the minutes of the June 26, 2000 meeting are also attached for the Commission’s review. PAGE 2 OF AGENDA BILL NO. 3a 7 Board member Marquez did not support the addition of the condition as stated above. She did support recommending approval of the project and the addition of a condition requiring more landscaping along the westerly property line. However, Ms. Marquez felt the condition needed to incorporate more options for landscaping, such as the developer adding landscaping on the adjacent private residential properties to the west to provide sufficient screening of the proposed project. During the DRB meeting staff explained extensive landscaping was originally proposed along the westerly property line, but removed at the request of staff within the Public Works Department, The reason for this change is that the City currently maintains a 10-foot wide water line easement along the westerly property line and routinely restricts the planting of large specimen trees within these easements in order to prevent potential water line breaks from associated tree roots. The DRB was made aware of this restriction prior to adding the aforementioned condition. It is staffs position, however that the DRB condition leaves enough flexibility to look at creative solutions for providing the desired landscaping. In addition, based on current records, the water line was installed in 1973 and consists of a 6-inch asbestos covered cement pipe. During the preparation of the final construction drawings it is possible that the current water line may be found to be of insufficient size to accommodate the required fire flow for the proposed on-site fire hydrant. Therefore, should a larger 8-inch water line be required it can be constructed within the area of the proposed drive aisle, thus eliminating any conflict with landscaping along the westerly property line. In either case, staff believes the condition added by the Design Review Board can be adequately met by the project applicant working in cooperation with staff. MORATORIUM RELEASE On November 2, 1999, the City Council took action to adopt an urgency ordinance (NS-516) establishing a moratorium on the issuance of grading and/or building permits for all projects processed under Title 20 or 21 of the Carlsbad Municipal Code and located within the area known as “Olde Carlsbad”. The action included a process whereby a project applicant may be granted a waiver from the moratorium if the proposed street improvements are compatible with surrounding properties and the area, and the applicant agrees to install the improvements. Staff is recommending that the proposed project be granted a waiver from the subject moratorium for the following reasons: 1. The project is located in an area where public improvements, including curb, gutter, and sidewalk, are highly desirable and necessary for the enhancement of a pedestrian-oriented environment. 2. The applicant is required to construct public improvements along that portion of the property fronting Laguna Drive and Grand Avenue and the required improvements will not be incompatible with the neighborhood. 3. The applicant agrees to construct the subject improvements. Approval of the attached Housing and Redevelopment Commission Resolution will grant the recommended waiver from the subject urgency ordinance and allow building permits to be issued for RP 99-l 1. ENVIRONMENTAL REVIEW The Planning Department has conducted an environmental review of the above referenced project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of staffs review, a Mitigated Negative Declaration was issued for the subject project by the Planning Director on April 24, 2000 and PAGE 3 OF AGENDA BILL NO. t%d -? made available for public review. No comments were received on the environmental document. The Design Review Board’s adoption of DRB Resolution No. 274 recommended approval of the environmental documentation prepared for the project. Adoption of the attached Housing and Redevelopment Commission Resolution approves the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the project. FISCAL IMPACT The proposed project will have a positive impact in terms of increased property tax, transient occupancy tax, and additional employment opportunities. The applicant has indicated that approximately 17 employment opportunities will be created by the construction of the new hotel. The hotel will generate approximately $310,000 annually in transient occupancy tax. The current assessed value of the project site is $950,000. With the new construction, it is estimated that the assessed value will increase to approximately $7 million. The increase in value would result in additional tax increment revenue for the Carlsbad Redevelopment Agency of approximately $60,500 per year. Finally, the project may serve as a catalyst for other improvements in the area, either new development or rehabilitation of existing buildings, through the elimination of a blighting influence within the area. EXHIBITS 1. Housing and Redevelopment Commission Resolution No. 3 3 1 , APPROVING RP 99-11 2. Design Review Board Resolution Nos. 274 and 275, dated June 26, 2000 3. Design Review Board Staff Report dated June 26,2000, w/attachments 4. Draft Design Review Board Minutes, dated June 26, 2000 3 Exhibit 1 Housing and Redevelopment Commission Resolution 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 331 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING MAJOR REDEVELOPMENT PERMIT (RP 99-11) FOR A 106-SUITE “EXTENDED STAY” HOTEL, INCLUDING VARIANCES TO EXCEED THE MAXIMUM BUILDING HEIGHT AND EXCEED THE MAXIMUM BUILDING SETBACKS, ON PROPERTY LOCATED IMMEDIATELY WEST OF INTERSTATE 5 BETWEEN THE TERMINUS OF GRAND AVENUE AND THE TERMINUS OF LAGUNA DRIVE IN LAND USE DISTRICT 3 OF THE VILLAGE REDEVELOPMENT AREA AND IN LOCAL FACILITIES ZONE 1. APPLICANT: CARLSBAD VILLAGE SUITES, LLC CASE NO: RP 99-11 WHEREAS, on June 26, 2000, the City of Carlsbad Design Review Board held a duly noticed public hearing to consider a Major Redevelopment Permit (RP 99-l 1) for construction of a 106-suite “extended stay” hotel on property located immediately west of Interstate 5 between the terminus of Grand Avenue and the terminus of Laguna Drive, and adopted Design Review Board Resolutions No. 274 and 275 recommending to the Housing and Redevelopment Commission that Major Redevelopment Permit (RP 99-l 1) be approved; and WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad, on the date of this resolution held a duly noticed public hearing to consider the recommendation and heard all persons interested in or opposed to Major Redevelopment Permit (RP 99-l 1); and WHEREAS, the recommended approval includes findings granting variances for the front, side, and rear yard setbacks which exceed the standard range; and WHEREAS, the recommended approval includes findings granting a variance for an increase in maximum building height from 35’-0” to 40’-5”; and WHEREAS, as a result of an environmental review of the subject project conducted pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad, a Mitigated Negative Declaration was issued for the subject project by the Planning Department on April 24, 2000 and recommended for approval along with the Mitigation Monitoring and Reporting Program by Design Review Board HRC RESO NO. 331 PAGE 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 274 on June 26, 2000. I NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing and Redevelopment 1 Commission of the City of Carlsbad, California as follows: 1. That the foregoing recitations are true and correct. 2. That Major Redevelopment Permit (RP 99-l 1) is APPROVED and that the findings and conditions of the Design Review Board contained in Resolution No. 275 on file in the City Clerk’s Office and incorporated herein by reference, are the findings and conditions of the Housing and Redevelopment Commission with the added condition that the wall generally located along Hope Avenue between Laguna and Grand Avenues be constructed as soon as practicable and no later than the actual commencement of construction of any buildings. 3. That the Housing and Redevelopment Commission of the City of Carlsbad has reviewed, analyzed and considered the Mitigated Negative Declaration (RP 99-ll), the environmental impacts therein identified for this project and any comments thereon. The Housing and Redevelopment Commission finds there is no substantial evidence that the project will have a significant effect on the environment and hereby approves the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. The Housing and Redevelopment Commission finds that the Mitigated Negative Declaration (RP 99-11) reflects the independent judgment of the Housing and Redevelopment Commission of the City of Carlsbad. 4. That the City Council, acting as the Housing and Redevelopment Commission, hereby grants a waiver from the moratorium on the issuance of building permits per NS-516 for the subject project based on the following findings: a. The subject project is located in an area where all public improvements, including curb, gutter, and sidewalk are highly desirable and necessary for the enhancement of a pedestrian-oriented environment; b. The project is required to construct public improvements along that portion of the property fronting Laguna Drive and Grand Avenue and the required improvements HRC RESO NO. 331 PAGE 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 I 28 will not be incompatible with the neighborhood; and c. The applicant agrees to construct the subject improvements. 5. That this action is final the date this resolution is adopted by tbe Housing and Redevelopment Commission. The provision of Chapter 1.16 of tbe Carlsbad Municipal Code, “Time Limits for Judicial Review” shall apply: NOTICE TO APPLICANT: “The time within which judicial review of this decision must be sought, or other exactions hereafter collectively referred to, is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by G&bad Municipal Code Chapter 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 on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings 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/her attorney of record, if he/she has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008.” PASSED, APPROVED, AND ADOPTED at a special meeting of the Housing and Redevelopment Commission of the City of Carlsbad, California, held on the &t day of August , 2000 by the following vote to wit: AYES: Commissioners Hall, Finnila, Nygaard and Kulchin. NOES: Commissioner Lewis. ABSENT: None. ABSTAIN : None. ATTEST: HRC RESO NO. 331 PAGE 3 Exhibit 2 Design Review Board Resolutions No. 274 and275 DESIGN REVIEW BOARD RESOLUTION NO. 274 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR MAJOR REDEVELOPMENT PERMIT NUMBER RP 99-11 TO ALLOW THE CONSTRUCTION OF A 106-ROOM EXTENDED STAY HOTEL PROJECT ON PROPERTY LOCATED IMMEDIATELY WEST OF INTERSTATE 5 BETWEEN THE TERMINUS OF GRAND AVENUE AND THE TERMINUS OF LAGUNA DRIVE IN LAND USE DISTRICT 3 OF THE CARLSBAD VILLAGE REDEVELOPMENT AREA AND IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: STAYBRIDGE SUITES APN: 203-130-15, 18,20 AND 34 CASE NO: RP 99-11 WHEREAS, Carlsbad Village Suites, LLC, a California Limited Liability Company, “Developer”, has filed a verified application with the Redevelopment Agency of the City of Carlsbad regarding property owned by Sandor W. Shapery, “Owner”, and known as Assessor Parcel Numbers 203-130-15, 18,20, and 34 and more thoroughly described in Attachment A, (“the property”); and WHEREAS, the Design Review Board did on the 26th day of June, 2000, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing on the 26th day of June, 2000 and upon considering all testimony and arguments, examining the initial study, analyzing the information submitted by staff, and considering any written comments received, the Design Review Board considered all factors relating to the Mitigated Negative Declaration. follows: NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as A. That the foregoing recitations are true and correct. B. That based on the evidence presented at the public hearing, the Design Review Board hereby RECOMMENDS APPROVAL of the Mitigated Negative Declaration according to Exhibit “ND” dated April 24, 2000, “PII” dated April 13, 2000 and Mitigation Monitoring and Reporting Program, attached hereto and made part hereof, based on the following findings: DICE3 RESO NO. 274 PAGE 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FINDINGS: 1 The Design Review Board of the City of Carlsbad does hereby find: a. it has reviewed, analyzed and considered Mitigated Negative Declaration (RP 99-11) the environmental impacts therein identified for this project and said comments thereon, and the Mitigation Monitoring Program, on file in the Housing and Redevelopment Department, prior to RECOMMENDING APPROVAL of the project; and b. the Mitigated Negative Declaration and the Mitigation Monitoring Program have been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and C. they reflect the independent judgment of the Design Review Board of the City of Carlsbad; and d. based on the EIA Part II and comments thereon, the Design Review Board finds that there is no substantial evidence the project will have a significant effect on the environment. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design Review Board of the City of Carlsbad, California, held on the 26* day of June, 2000 by the following vote to wit: AYES: Chairperson Compas, Vice-Chairperson Marquez, Board Members: Lawson, Marois and Heineman. NOES: None. ABSENT: None. DESIGN REVIEW B&kD ATTEST: DEBBIE FOUNTAIN HOUSING AND REDEVELOPMENT DIRECTOR DRB RESO NO. 274 PAGE 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DESIGN REVIEW BOARD RESOLUTION NO. 275 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR REDEVELOPMENT PERMIT NUMBER RP 99-11 FOR A 106-ROOM “EXTENDED STAY” HOTEL PROJECT ON PROPERTY LOCATED IMMEDIATELY WEST OF INTERSTATE 5 BETWEEN THE TERMINUS OF GRAND AVENUE AND THE TERMINUS OF LAGUNA DRIVE IN LAND USE DISTRICT 3 OF THE VILLAGE REDEVELOPMENT AREA AND IN LOCAL FACILITIES ZONE 1. CASE NAME: STAYBRIDGE SUITES APN: 203-130-15, 18,20, AND 34 CASE NO: RP 99-11 WHEREAS, the City Council of the City of Carlsbad approved Ordinance No. 9313 (SP No. 30) on the 20” day of June, 1972 establishing a Specific Plan for freeway-oriented commercial facilities, including a 106-room motel, on property located on the northwest quadrant of Interstate 5 and Carlsbad Village Drive; and WHEREAS, Ordinance No. 9313 (SP No. 30) remains effective and establishes the permitted land use for the properties within the Specific Plan boundaries; and WHEREAS, Assessor’s Parcel Numbers 203-130-15, 18, 20, and 34, more thoroughly described in Attachment A (“the property”), was identified in Ordinance No. 9313 (SP No. 30) as approved for a 106-room motel site; and WHEREAS, a Major Redevelopment Permit is required for the property to insure the proposed project is in compliance with existing development standards and design guidelines established for the area; and WHEREAS, Carlsbad Village Suites, LLC, a California Limited Liability Company, “Developer”, has filed a verified application with the Redevelopment Agency of the City of Carlsbad regarding the property owned by Sandor W. Shapery, “Owner”; and WHEREAS, said application constitutes a request for a Major Redevelopment Permit, including a variance request for front, rear and side yard setbacks to exceed the maximum range and a variance request to exceed the height limit as shown on Exhibits A-J, dated June 26, 2000, on file in the Housing and Redevelopment Department, “Staybridge Suites RP 99-l l”, as provided by Chapter 21.35.080 of the Carlsbad Municipal Code; and DRB RESO NO. 275 PAGE 1 Ii 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I -\ WHEREAS, the Design Review Board did on the 26& day of June, 2000, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing on the 26” day of June, 2000, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Board considered all factors relating to “Staybridge Suites RP 99-l 1”. NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as follows: A. That the foregoing recitations are true and correct. B. That based on the evidence presented at the public hearing, the Design Review Board RECOMMENDS APPROVAL of Staybridge Suites RP 99-l 1, based on the following findings and subject to the following conditions: GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS: 1. The Design Review Board finds that the project, as conditioned herein and with the findings contained herein for setback and height variances, is in conformance with the City’s General Plan, the Carlsbad Village Area Redevelopment Plan and Village Master Plan and Design Manual, Ordinance No. 9313 (SP No. 30), and all pertinent provisions of the Carlsbad Municipal Code based on the facts set forth in the staff report dated June 26, 2000 including, but not limited to the following: a. The project is consistent with the Carlsbad General Plan in that it provides for a tourist/traveler serving use normally associated with urban freeway interchanges in an appropriate location within the Village. The use in turn provides an additional customer base for local restaurants, specialty shops, and nearby convenience services. b. The project is consistent with the land use standards set forth in the Village Master Plan in that it will provide a provisional use (hotel) in an appropriate location within Land Use District 3 of the Village Redevelopment Area. C. The proposed use was approved in Ordinance No. 9313 (SP No. 30) authorizing freeway-oriented commercial facilities and the proposed 106-room hotel is consistent with the Specific Plan as approved in that it provides for the same number of rooms as set forth in SP No. 30 and under the Village Redevelopment Master Plan and Design Manual hotels and motels are subject to identical design criteria and development standards. d. The project as designed is consistent with the development standards for Land Use District 3, design guidelines, and other applicable regulations set forth in the Village Master Plan and Design Manual, with the exception of the requested variances. DRB RESO NO. 275 PAGE 2 I= 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. e. The existing streets can accommodate the estimated ADTs and all required public right-of-way has been or will be dedicated and has been or will be improved to serve the development. The pedestrian spaces and circulation have been designed in relationship to the land use and available parking. Pedestrian circulation is provided through pedestrian-oriented building design, landscaping, and hardscape. Public facilities have been or will be constructed to serve the proposed project. The project has been conditioned to develop and implement a program of “best management practices” for the elimination and reduction of pollutants which enter into and/or are transported within storm drainage facilities. f. The proposed project will not have an adverse impact on any open space within the surrounding area. The project is consistent with the Open Space requirements for new development within the Village Redevelopment Area. g* The proposed project has been conditioned to comply with the Uniform Building and Fire Codes adopted by the City to ensure that the project meets appropriate fire protection and other safety standards. The Design Review Board finds as follows to allow for variances for front, side, and rear yard setbacks that exceed the standard range: a. That the application of certain provisions of this chapter will result in practical difficulties or unnecessary hardships which would make development inconsistent with the general purpose and intent of the Carlsbad Village Redevelopment Plan, in that strict adherence to the setback standards would impede vehicular access of emergency vehicles and prevent the Fire Department from adequately servicing the site in the event of an emergency. The increased setbacks allow emergency vehicles to enter the site from either Grand Avenue or Laguna Drive and obtain access to the proposed structure at all points along the perimeter of the building. This is consistent with the general purpose and intent of the Village Redevelopment Master Plan which is to establish the Village as safe place to work, live and visit. b. That there are exceptional circumstances or conditions unique to the property or the proposed development which do not generally apply to other properties or developments which have the same standards, restrictions, and controls, in that the irregular shape of the subject property coupled with it’s location adjacent to Interstate 5 and frontage along the terminus of two public streets makes it difficult to adhere to the established setback standards and provide proper on-site circulation, emergency access, and required parking to service the use. c. That the granting of a variance will not be injurious or materially detrimental to the public welfare, other properties or improvements in the project area, in that the increased setbacks above the maximum range will not have a detrimental impact on neighboring properties, because the additional setback allows greater separation between the proposed hotel use and neighboring residential uses, thus increasing the livability of the area and reducing impacts to surrounding properties. d. That the granting of a variance will not contradict the standards established in the Village Master Plan and Design Manual, in that the standards established in the Village Master Plan and Design Manual were intended to be somewhat flexible in order to encourage diversity and variety of development and to take into consideration the unique lot configurations found within the Village Redevelopment Area. DRB RESO NO. 275 PAGE 3 r3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. e. The project is in a location that transitions to residential uses and the increased setbacks protect the livability of the residential development in the area. In addition, since the subject property is bordered by the terminus of two streets and a freeway, consistency with the front yard setbacks of adjacent properties is not a critical design issue for the area. The Design Review Board finds as follows to allow for an increase in maximum height from 35’-0” to 40’5”: a. That the application of certain provisions of this chapter will result in practical difficulties or unnecessary hardships which would make development inconsistent with the general purpose and intent of the Carlsbad Village Redevelopment Plan, in that development of the site as a 106-room hotel is governed by Ordinance No. 9313 (Specific Plan No. 30). Development of the approved use and associated parking on the subject property requires the construction of a three-story structure. Additionally, the Village Master Plan and Design Guidelines require a minimum 5:12 roof pitch. Construction of a three-story structure within the 35-foot height limit precludes the inclusion of the required roof pitch. The steeper roof pitch is a dominant and consistent architectural feature within the Village. Strict adherence to the 35-foot height limit would therefore make the development inconsistent with the general purpose and intent of the Carlsbad Village Area. b. That there are exceptional circumstances or conditions unique to the property or the proposed development which do not generally apply to other properties or developments which have the same standards, restrictions, and controls, in that use of the property is governed by the adoption of Ordinance No. 9313. Adoption of said Ordinance occurred prior to the formation of the Village Redevelopment Area and prior to the adoption of the Village Redevelopment Master Plan and Design Guidelines. A variance is warranted in order for the approved use to be developed in a manner consistent with the existing design guidelines for the area. c. That the granting of a variance will not be injurious or materially detrimental to the public welfare, other properties or improvements in the project area, in that the proposed project will serve as a buffer between Interstate 5 and the residential uses to the west. Therefore, the additional building height will contribute towards reducing existing noise levels from the adjacent freeway and will not have a detrimental impact on neighboring properties. d. That the granting of a variance will not contradict the standards established in the Village Master Plan and Design Manual, in that the standards established in the Village Master Plan and Design Manual were intended to be somewhat flexible in order to encourage diversity and variety of development and to take into consideration the unique development constraints found within the Village Redevelopment Area. At 40’-5”, the height of the proposed project is below the maximum height of 45 feet allowed in Land Use 3 if a project is built over a parking structure. Granting the height variance in conjunction with the inclusion of surface parking results in a lower overall project height and better site design which are consistent with the standards set forth in the Village Master Plan and Design Manual. e. The increased height is visually compatible with the Las Villas de Carlsbad Retirement Center located immediately north of the subject property. The retirement facility is three-stories, 40 feet high and encompasses three acres. The proposed project would result in visual continuity along the west side of Interstate 5. DRB RE!30 NO. 275 PAGE 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 f. The increased height will not unduly impact nearby residential uses because the proposed project provides a buffer between Interstate 5 and the residential uses located west of the subject property. g. The taller project will not adversely impact views in the area because the project would serve as a visual buffer between Interstate 5 and the properties to the west. h. The project will maintain a scale and character compatible with the Village design guidelines, because the project is lower than the 45 foot maximum height allowed if the structure were built over a parking structure. i. The project provides for exceptional design quality through the use of various building materials (i.e. stone, wood, lap siding, and stucco), varying roof heights, and the use of architectural treatments such as dormers, a columned entry feature and divided-pane windows. GROWTH MANAGEMENT FINDINGS: 4. The project is consistent with the City-wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1, and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, a. The project has been conditioned to ensure that building permits will not be issued for the project unless the District Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available and the District Engineer is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. b. All necessary public improvements have been provided or are required as conditions of approval. C. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. NOLLANDOLAN FINDING: 5. The Design Review Board has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. GENERAL CONDITIONS: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of building permits. DRB RE!30 NO. 275 PAGE 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. 2. 3. 4. 5. 6. 7. 8. 9. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City/Agency shall have the right to revoke OT modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke OT further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s/Agency’s approval of this Major Redevelopment Permit. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Major Redevelopment Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. If any condition for construction of any public improvements OT facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the Housing and Redevelopment Commission determines that the project without the condition complies with all requirements of law. The Developer shall implement, or cause the implementation of, the Staybridge Suites Project Mitigation Monitoring and Reporting Program. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the Redevelopment Agency of the City of Carlsbad, its governing body members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the Agency arising, directly or indirectly, from (a) Agency’s approval and issuance of this Major Redevelopment Permit, (b) Agency’s approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator’s installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. The Developer shall submit to the Housing and Redevelopment Department a reproducible 24” x 36”, mylar copy of the Major Redevelopment Permit reflecting the conditions approved by the final decision making body. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the School District that this project has satisfied its obligation to provide school facilities. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. DRB RESO NO. 275 PAGE 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Landscape Conditions: 10. The Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. The Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 11. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the project’s building, improvement, and grading plans. Noticinp Conditions: 12. Prior to the issuance of the building permit, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Housing and Redevelopment Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Major Redevelopment Permit by Resolution(s) No. 274 and 275 on the real property owned by the Developer. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Housing and Redevelopment Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer OT successor in interest. On-site Conditions: 13. 14. 15. 16. 17. 18. The Developer shall construct trash receptacle and recycling areas as shown on the site plan (Exhibit “B”) enclosed by a six-foot high masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the Housing and Redevelopment Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Housing and Redevelopment Director. No outdoor storage of material shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and Housing and Redevelopment Director of an Outdoor Storage Plan, and thereafter comply with the approved plan. The Developer shall submit and obtain Planning Director approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. Compact parking spaces shall be located in large groups, and in locations clearly marked to the satisfaction of the Housing and Redevelopment Director. Developer shall construct, install and stripe not less than 127 parking spaces, as shown on Exhibits “B”. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Housing and Redevelopment. DRB RESO NO. 275 PAGE 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 19. Developer shall install a wrought iron fence up to 6 feet in height along the northerly property line which shall include a 16 foot wide gate with Knox Box for emergency access only to the satisfaction of the City Fire Marshall and Housing and Redevelopment Director. 20. Additional landscaping shall be installed on the west side of the property to screen the subject project from the residential uses along the western boundary to the satisfaction of the Housing and Redevelopment Director, Planning Director, and Public Works Director. ENGINEERING CONDITIONS: NOTE: Unless specifically stated in the condition, upon the approval of this proposed Major Redevelopment Permit, all of the following engineering conditions must be met prior to the issuance of building or grading permits whichever occurs first. General: 1. Prior to hauling dirt OT 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. Prior to issuance of any building permit, Developer shall comply with the requirements of the City’s anti-graffiti program for wall treatments if and when such a program is formally established by the City. Fees/Agreements: 3. 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. 4. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City’s standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. 5. 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 project into the existing City of Carlsbad Street Lighting and Landscaping District No. 1, on a form provided by the City Engineer. Grading: 6. Prior to the issuance of a grading permit or building permit, whichever occurs first, Developer shall submit to the City Engineer proof that a Notice of Intention for the start of work has been submitted to the State Water Resources Control Board. 7. Developer shall provide a soils report for the project site to the satisfaction of the City Engineer. The soils report recommendations shall be reflected in the final design of the site. 8. Upon completion of grading, Developer shall file an “as-graded” geologic plan as determined by the City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually DRB RESO NO. 275 PAGE 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. 10. constructed and must be based on a contour map that represents both the pre and post site grading. The plan shall be signed by both the soils engineer and the engineering geologist, and shall be submitted on a 24” x 36” mylar or similar drafting film format suitable for a permanent record. This project requires off site grading. No grading for private improvements shall occur outside the limits of this approval unless Developer obtains, records and submits a recorded copy to the City Engineer a grading or slope easement or agreement from the owners of the affected properties. If Developer is unable to obtain the grading or slope easement, or agreement, no grading permit will be issued. In that case Developer must either apply for and obtain an amendment of this approval or modify the plans so grading will not occur outside the project and apply for and obtain a finding of substantial conformance from both the City Engineer and Planning Director. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a grading permit for this project is required. Developer shall apply for and obtain a grading permit from the City Engineer prior to issuance of a building permit for the project. Dedications/Imnrovements: 11. 12. 13. 14. 15. Additional drainage easements may be required. Developer shall dedicate and provide or install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit. Developer shall provide the design of all private streets and drainage systems to the satisfaction of the City Engineer. A secondary drainage system shall be designed to provide for the surface drainage from the site to the streets, precluding the possibility of flooding the building should the underground drainage system fail. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the City. Developer shall pay the standard improvement plan check and inspection fees. Developer shall execute a City standard Development Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on the site plan and the following improvements including, but not limited to paving, base, sidewalks, curbs and gutters, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, storm drain system, fire hydrants, street lights, and retaining walls, to City Standards to the satisfaction of the City Engineer in the following areas: A. Grand Avenue along project frontage. B. Laguna Drive along project frontage. Improvements listed above shall be constructed within 18 months of approval of the development improvement agreement or such other time as provided in said agreement. Grand Avenue and Laguna Drive shall be dedicated by Owner along the project frontage based on a centerline to right-of-way width of sixty feet and a standard cul-de-sac bulb in conformance with City of Carlsbad Standards. Developer shall enter into an agreement with the City, and secure with appropriate security as provided by law, to design and install a traffic signal and advance warning system at Grand Avenue and Harding Street. This agreement shall terminate five years from the date the hotel is opened for business. DRB RESO NO. 275 PAGE 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16. 17. 18. 19. Developer shall comply with the City’s requirements of the National Pollutant Discharge Elimination System (NPDES) permit. Developer shall provide improvements constructed pursuant to best management practices as referenced in the “California Storm Water Best Management Practices Handbook” to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: A. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, OT into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. Prior to building permit issuance, Developer shall have design, apply for and obtain approval of the City Engineer, for 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. The structural pavement design of the aisle ways shall be submitted together with required R-value soil test information and approved by the City Engineer as part of the building or grading plan review whichever occurs first. The final site plan shall identify the location of any future Irrevocable Offer of Dedication (IOD) between the Owner and Caltrans and all public improvements within that IOD shall be relocated to the satisfaction of the City Engineer. The developer shall process a lot line adjustment consolidating the existing three parcels into one parcel prior to building permit issuance. WATER AND SEWER CONDITIONS: 1. The Developer shall be responsible for all fees, deposits and charges which will be collected before and/or at the time of issuance of the building permit. The San Diego County Water Authority capacity charge will be collected at issuance of application for any meter installation. 2. The developer shall provide potable, recycled and fire flow water demands in gallons per minute and estimated sewer flow in million gallons per day to the Deputy City Engineer - Utilities.All public potable and recycled water pipelines, fire hydrants and sewer pipelines shall be within public right-of-way or within easements granted to the Carlsbad Municipal Water District (CMWD) or the City of Carlsbad. 3. The developer shall design all landscaping to be irrigated with recycled water per CMWD standards and City ordinances. DRB RESO NO. 275 PAGE 10 -2sa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. The developer shall prepare a colored recycled water use map and submit this map to the Planning Department for processing and approval by the Deputy City Engineer - Utilities. 5. The following note shall be placed on the final site plan: “This project is approved upon the expressed condition that building permits will not be issued for development of the subject property unless CMSVD has adequate water and sewer capacity available at the time development is to occur, and that such water and sewer capacity will continue to be available until time of occupancy.” 6. 7. All potable and recycled water meters shall be placed within public right-of-way. No dead-end fire hydrant runs longer than 150 feet will be allowed, a looped water system will be required and shall be designed to the satisfaction of the Deputy City Engineer. 8. The developer shall be aware of existing water facilities within the project boundaries. The developer shall be responsible for coordinating any impacts to these facilities with the Deputy City Engineer - Utilities prior to beginning any work. 9. 10. A public fire flow system shall be required for this commercial development, and it shall be constructed as a looped pipeline system. Water, sewer and irrigation laterals shall be located in accordance with City and District Standards to the satisfaction of the Deputy City Engineer - Utilities. FIRE CONDITIONS: 1. All interior driveways must accommodate the following turning radii: Outside: 42 feet, Inside: 20 feet. STANDARD CODE REMINDERS: The project is subject to all applicable provisions of local ordinances, including but not limited to the following code requirements. Fees: 1. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #l special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 2 1.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees and not paid, this approval will not be consistent with the General Plan and shall become void. 2. The Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. General: 3. This approval shall become null and void if building permits are not issued for this project within 18 months from the date of final project approval. DRB RE!30 NO. 275 PAGE 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 5. The project shall comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Building Code. 6. Addresses, approved by the Building Official, shall be placed on all new and existing buildings so as to be plainly visible from the street OT access road; color of identification and/or addresses shall contrast to their background color, as required by Carlsbad Municipal Code Section 18.04.320. 7. Any signs proposed for this development shall at a minimum be designed in conformance with the sign criteria contained in the Village Redevelopment Master Plan and shall require review and approval of the Housing and Redevelopment Director prior to installation of such signs. Ewineeriw: 8. Fire: 9. 10. 11. . . . . . . . . . ..* . . . . . . . . . . . . . . . . . . Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. All buildings must be protected by automatic tire sprinkler systems. A 2-X inch gated interior standpipe outlet (fire hose connections) shall be provided at each stair landing on the second and third floors. All fire sprinkler and fire alarm systems shall be approved by the Fire Department prior to installation. DRB RESO NO. 275 PAGE 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, OT other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading OT other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design Review Board of the City of Carlsbad, California, held on the 26* day of June, 2000 by the following vote to wit: AYES: Chairperson Compas, Vice-Chairperson Marquez, Board Members: Lawson, Marois and Heineman. NOES: None. ABSENT: None. ABSTAIN: None. BILL COMPAS, CHAIRI@RSON DESIGN REVIEW BOARD -T ]/d&&q& DEBBIE FOUNTAIN HOUSING AND REDEVELOPMENT DIRECTOR DRB RESO NO. 275 PAGE 13 -23 Exhibit 3 Design Review Board Staff Report, dated June 26,200O - City Of CAf&bAd Housing, md kdEvE~oprmrw DEPARTMENT A REPORT TO THE DESIGN REVIEW BOARD &$ICAT~ON COM#TE DATE MARch 22,2000 FNVIRONMENTA~ REVIEW: MiTiqATEd NEqATiVE DECiARATioN ADR~~ 24.2000 STAff: LoRi R~SIXTEIN VAN LyNch FRA& liMENo DATE: June 26,200O ITEM NO. 1 SUBJECT: RP 99-11 - “STAYBRIDGE SUITES”: Request for a Major Redevelopment Permit, including variances to exceed the maximum building height and exceed the maximum building setbacks, to allow the construction of a 3-story, 106-room hotel on property located immediately west of Interstate 5 between the terminus of Grand Avenue and the terminus of Laguna Drive in Land Use District 3 of the Carlsbad Village Redevelopment Area. 1. RECOMMENDATION That the Design Review Board ADOPT Design Review Board Resolutions No. 274 and 275 recommending APPROVAL of RP 99-11 to the Housing and Redevelopment Commission based on the findings and subject to the conditions contained therein. II. PRbJECT DESCRIPTION AND BACKGROUND The applicant, Shapety Enterprises, has requested a major redevelopment permit to allow the construction of a 106-suite “extended stay” hotel on property located immediately west of Interstate 5 between the terminus of Grand Avenue and the terminus of Laguna Drive. The subject property is bordered by Interstate 5 freeway to the east; a Chevron gas station, Denny’s Restaurant, and Motel 6 to the south; single family residential units to the west; and Las Villas de Carlsbad Retirement Community to the north. The subject property consists of four separate parcels all currently owned by the applicant. The total lot area is 2.41 acres of which, 1.11 acres are located within the Village Redevelopment Area with the remaining 1.3 acres located outside the redevelopment area boundaries. Four single-family residences and two accessory structures currently occupy the site. The remainder of the property is being used to cultivate tomatoes. A Specific Plan (Ordinance No. 9313, SP No. 30) was approved on June 20, 1972 for the subject property (Exhibit 3). The Specific Plan allows for the construction of a 106-room motel. Under the subsequently adopted Village Redevelopment Master Plan and Design Manual hotels and motels are subject to identical design criteria and development standards. The Specific Plan was originally tied to the freeway-oriented development of the nearby restaurant (currently Denny’s) and the gas station (currently Chevron). In September of 1998, staff was asked to evaluate the entitlements of the Specific Plan. After extensive review of all applicable documents, it was the consensus of the City Attorney’s Office, Community Development Department and Public Works Department that since Ordinance No. 9313 did not include an r’ STAYBRIDGE SUITES - RP 99-11 JUNE 26,200O PAGE 2 expiration date the Specific Plan approving a 106-room motel on the subject property was still valid and would extend to a hotel since the design standards are the same. More specifically, the Specific Plan would supercede the underlying zoning, thus approving the use of the property as a 106-room motel site. While the Specific Plan granted approval of a specific use it did not grant approval for the project design. Therefore, since a portion of the project is located within the Village Redevelopment Area, a Major Redevelopment Permit is required to insure the project is in compliance with existing development standards and design guidelines as conditioned in the approved Specific Plan. For that portion of the project that is outside the Redevelopment Area Planning Director approval is required. A memorandum of support for the project from the Planning Director is attached for the Board’s review (Exhibit 4). The proposed project consists of the construction of a 72,435 square foot, three-story hotel with on-site amenities including; a swimming pool, buffet area, conference rooms, a business center, library, and guest laundry. Other on-site improvements include; 127 parking spaces, circulation drive isle, trash enclosure, exterior lights, six-foot tall masonry perimeter wall, and street improvements in the form of curb, gutter and sidewalk along Grand Avenue and Laguna Drive. The various guest suites include a 380 square foot studio, 518 square foot one-bedroom suite, and an 828 square foot two-bedroom suite. The following chart shows the breakdown of suites per floor: -First Floor Second Floor Third Floor Total 15 19 20 54 One-Bedroom 10 13 13 36 Two-Bedroom 4 6 6 16 Total 29 38 39 106 III. GENERAL PLAN CONSISTENCY The General Plan includes the following goals for the Village: 1) a City which preserves, enhances and maintains the Village as a place for living, working, shopping, recreation, civic and cultural functions while retaining the village atmosphere and pedestrian scale; 2) a City which creates a distinct identity for the Village by encouraging activities that traditionally locate in a pedestrian-oriented downtown area, including offices, restaurants, and specialty shops; 3) a City which encourages new economic development in the Village and near transportation corridors to retain and increase resident-serving uses; and 4) a City that encourages a variety of complementary uses to generate pedestrian activity and create a lively, interesting social environment and a profitable business setting. The proposed project is consistent with the goals and objectives for the Village, as outlined within the General Plan, because it provides for a tourist/traveler serving use normally associated with urban freeway interchanges in an appropriate location within the Village. The use in turn provides an additional customer base for local restaurants, specialty shops, and nearby convenience services. Additionally, the project provides new economic development by replacing the existing underutilized uses on the subject property with the use originally intended for the site and approved in 1972. The General Plan objective is to implement the Redevelopment Plan through the comprehensive Village Master Plan and Design Manual. STAYBRIDGE SUITES - RF’ 99-l 1 JUNE 26,200O PAGE 3 IV. VILLAGE MASTER PLAN AND DESIGN MANUAL AND REDEVELOPMENT PLAN CONSISTENCY The discretionary review process typically involves a determination by the Design Review Board and Housing and Redevelopment Commission that the proposed land use and project design are consistent with the land use standards, development standards and design guidelines set forth in the Village Master Plan and Design Manual. As set forth in the Village Master Plan, both motels and hotels are allowed as provisional uses within Land Use District 3. However, for the subject project, the existing Specific Plan for the site (Ordinance No. 9313) already established the approved land use. Namely, the site is already approved for a 106-room motel. Additionally, as stated previously, under the Village Redevelopment Master Plan and Design Manual hotels and motels are subject to the same design criteria and development standards within the Redevelopment Area. Therefore, it is not necessary for the Design Review Board and Housing and Redevelopment Commission to make any provisional findings to permit a hotel in this location. The existing Specific Plan does not include approval of the project design, therefore, it is necessary for the Design Review Board and Housing and Redevelopment Commission to find that the project is consistent with the development standards and design guidelines set forth in the Village Master Plan and Design Manual. V. CONSISTENCY WITH VILLAGE DEVELOPMENT STANDARDS The development standards set forth specifically for new development projects within Land Use District 3 are as follows: ‘Building Setbacks: The Village Master Plan and Design Manual establishes the front, rear and side yard setbacks for the property. In Land Use District 3, the front setback is 5-20 feet, the side setback is 5 feet, and the rear setback is 5-10 feet. The project has been designed with the front yard setback off Grand Avenue and the rear yard setback off Laguna Drive. Grand Avenue provides vehicular ingress and egress to and from the project. An “emergency access only” driveway is also provided off Laguna Drive and has been designed to the satisfaction of the Carlsbad Fire Department. A 5-foot wide landscape strip is located along the southern property line adjacent to the Denny’s Restaurant parking lot and along the eastern property line adjacent to the freeway right-of-way. These landscape areas are consistent with the 5-foot side yard setback required for the district. A IO-foot wide landscape strip has been provided along th’e western property line creating an additional landscape buffer between the project and the single family residential uses on the west side of the subject property. The west side of the subject property is located outside the redevelopment area boundaries and the IO- foot wide landscape strip along this side of the property is consistent with the IO-foot side yard setback established for the area. The proposed building is located in the center of the subject property with parking around the perimeter. This project design provides significant setbacks from all property lines. More specifically, the building is setback 63’-5” from Grand Avenue, 31’-0” from Laguna Drive, 43’-1 I’ from the Freeway right-of-way, and 35’-0” from the western property line. STAYBRIDGE SUITES - RP 99-l 1 JUNE 26,200O PAGE 4 As set forth in the Village Redevelopment Master Plan and Design Manual, the top of the range is considered to be the desired setback standard. For approval of a setback standard that is above the maximum or below the minimum for the subject land use district, a variance must be approved by the Housing and Redevelopment Commission. Variances may only be granted if the findings set forth in Section 21.35.130 of the Carlsbad Municipal Code are met. In addition, a variance for a setback standard which exceeds the top of the range, or the individual standard set forth, may only be granted if the project meets one or more of the following criteria: I. The project is in a location where adjacent buildings are set back further than the permitted standard (range), adjacent buildings are likely to remain, and setting the structure back to the desired standard will maintain and reinforce the Village character of the area. 2. The project is in a location that is in a transition area to residential development and where increased setbacks would soften the visual transition between commercial and residential development or would protect the livability of the residential development. 3. Restaurant uses where a larger front setback will be utilized for outdoor dining space subject to approval by the Design Review Board and/or Housing and Redevelopment Commission, whichever is the appropriate approving body. (This finding is not applicable to the subject project.) The second-criteria noted above applies to the subject project. Increased setbacks on all sides of the property which exceed the maximum standard are justified because the project is in a location that transitions to residential uses and the increased setbacks protect the livability of the existing residential development in the area. In addition, since the subject property is bordered by the terminus of two streets and a freeway, consistency with the front yard setbacks of adjacent properties is not a critical design issue for the area. In addition to the criteria noted above for considering a variance for setback standards that exceed the top of the range, Carlsbad Municipal Code Section 21.35 sets forth the required findings necessary to grant the requested variances. In order to approve the requested variances to exceed the maximum setbacks on the front, sides and rear of the property, the Design Review Board and Housing and Redevelopment Commission must be able to make the all four findings contained within Carlsbad Municipal Code Section 21.35. Staff offers the following justification for granting the requested variances to exceed the setback standards: Variance Finding #?: The application of certain provisions of this chapter [Municipal Code Chapter 21.351 will result in practical difficulties or unnecessary hardships which would make development inconsistent with the general purpose and intent of the Carlsbad Village Area Redevelopment Plan. Jusfification: Strict adherence to the setback standards would impede vehicular access of emergency vehicles and prevent the Fire Department from adequately serving the site in the event of an emergency. The increased setbacks allow emergency vehicles to enter the site from either Grand Avenue or Laguna Drive and obtain access to the proposed structure at all points along the perimeter of the building. This is consistent with the general purpose and intent of the Village Redevelopment Master Plan which is to establish the Village as a safe place to work, live and visit. STAYBRIDGE SUITES - RP 99-11 JUNE 26,200O PAGE 5 Variance findina #2: There are exceptional circumstances or conditions unique to the property or the proposed development which do not generally apply to other properties or developments which have the same standards, restrictions, and controls. Justification: The irregular shape of the subject property coupled with its location adjacent to Interstate 5 and frontage along the terminus of two public streets makes it difficult to adhere to the established setback standards and provide proper on-site circulation, emergency access, and required parking to serve the use. Variance Finding #3: The granting of a variance will not be injurious or materially detrimental to the public welfare, other properties or improvements in the project area. Justification: The increased setbacks above the maximum range will not have a detrimental impact on neighboring properties, because the additional setback allows greater separation between the proposed hotel use and neighboring residential uses, thus increasing the livability of the area and reducing impacts to surrounding properties. Variance Findinq #I% The granting of a variance will not contradict the standards established in the Village Master Plan and Design Manual. Justification: The standards established in the Village Master Plan and Design Manual were intended to be somewhat flexible in order to encourage diversity and variety of development and to take into consideration the unique lot configurations found within the Village Redevelopment Area. Based on these variance findings, it is staffs position that the proposed project warrants the granting of a variance to allow building setbacks that exceed the established range on the front, rear, and sides of the property. Buildinn Height: The height limit for Land Use District 3 is 35 feet with a minimum 512 roof pitch. The proposed project has a maximum roof height of 40’-5” with pitched roof features (5:12) at the front, rear, and sides of the building. According to the applicant, the additional building height is necessary to accommodate the 106-rooms approved for the site and the minimum 512 roof pitch required by the Village Design Guidelines. In order to exceed the maximum height standard a variance must be granted by the Housing and Redevelopment Commission and the project must meet one or more of the following criteria: 1. The increased height will be visually compatible with surrounding buildings. 2. The increased height will not unduly impact nearby residential uses. 3. The taller project will not adversely impact views. 4. The project will maintain a scale and character compatible with the Village and the guidelines contained within the Village Master Plan and Design Manual. 5. The project must provide for exceptional design quality and be consistent with the goals and objectives of the Village Redevelopment Area. Justification for meeting the above noted criteria is as follows: 1) The increased height is visually compatible with the Las Villas de Carlsbad Retirement Community located immediately north of the subject property. The retirement facility is three-stories, 40 feet high and encompasses three acres. The proposed project would result in visual continuity along the west side of Interstate 5. 2) The increased height will not unduly impact nearby residential uses because the proposed project provides a buffer between Interstate 5 and the residential uses STAYBRIDGE SUITES - Rp 99-11 JUNE 26,200O PAGE 6 located west of the subject property. 3) The taller project will not adversely impact views in the area because the project would serve as a visual buffer between Interstate 5 and the properties to the west. 4) The project will maintain a scale and character compatible with the Village design guidelines, because the project is lower than the 45 foot maximum height allowed in Land Use District 3 for commercial or residential uses built over parking structures. 5) The project provides for exceptional design quality through the use of various building materials (i.e. stone, wood, and stucco), varying roof heights, and the use of architectural treatments such as gable roofs, a columned entry feature and divided-pane windows. In addition to the criteria noted above for considering a variance to exceed the established height limit, the variance findings outlined in Carlsbad Municipal Code Section 21.35 must also be met in order to grant the requested height variance. (These are the same findings required to allow the increased building setbacks discussed previously in this report.) Staff offers the following support for granting the height variance: Variance Finding #I: The application of certain provisions of this chapter [Municipal Code Chapter 21.351 will result in practical difficulties or unnecessary hardships which would make development inconsistent with the general purpose and intent of the Carlsbad Village Area Redevelopment Plan. Justification: Adoption of Ordinance No. 9313 established a specific plan and intended use for the subject property permitting the development of a 106-room hotel. In order to accommodate the use and associated parking on the subject property a three-story structure is -needed. In addition, the Village Master Plan and Design Guidelines require a minimum 5:12 roof pitch. The construction of a ‘tO&room hotel within the 35foot height limit would preclude the addition of the required roof pitch. The steeper roof pitch is a dominant architectural feature in the Village and a requirement of all new development. Strict adherence to the 35-foot height limit would therefore make the development inconsistent with the general purpose and intent of the Carlsbad Village Area. Variance Finding #2: There are exceptional circumstances or conditions unique to the property or the proposed development which do not generally apply to other properties or developments which have the same standards, restrictions, and controls. Justification: The exceptional condition unique to the subject property is the establishment of Ordinance No. 9313 approving a specific use (106 room motel) for the property. Adoption of the Ordinance occurred in 1972 prior to the formation of the Village Redevelopment Area and prior to the adoption of the Village Redevelopment Master Plan and Design Guidelines. Therefore, a variance is warranted in order for the approved use to be developed in a manner consistent with the existing design guidelines for the area. Variance Finding #3: The granting of a variance will not be injurious or materially detrimental to the public welfare, other properties or improvements in the project area. Justification: The proposed project will serve as a buffer between Interstate 5 and the residential uses to the west. Therefore, the additional building height will contribute towards reducing existing noise levels from the adjacent freeway and will not have a detrimental impact on neighboring properties. STAYBRIDGE SUITES - RP 99-11 JUNE 26,200O PAGE 7 Variance Finding ##4: The granting of a variance will not contradict the standards established in the Village Master Plan and Design Manual. Justification: The standards established in the Village Master Plan and Design Manual were intended to be somewhat flexible in order to encourage diversity and variety of development and to take into consideration the unique development constraints found within the Village Redevelopment Area. Therefore, an increase in height will not conflict with the standards for the area because it is necessary to provide for the required roof pitch and to improve the overall design of the building. Based on these variance findings, it is staffs position that the proposed project warrants the granting of a variance to allow an increase in building height from 35 feet to 40’-5”. Open Space: A minimum of 20% of the property must be maintained as open space. The open space must be devoted to landscaped pedestrian amenities in accordance with the City of Carlsbad’s Landscape Manual. Open space may be dedicated to landscaped planters, open space pockets and/or connections, roof gardens, balconies, patios and/or outdoor eating areas. No parking spaces or aisles are permitted in the open space. The project, as proposed, provides for a total of 21,383 square feet of landscape area and 6,109 square feet of sidewalks, which represents 26% of the total site area and exceeds the 20% requirement. Building Coverage: The range of building footprint coverage permitted for all projects in Land Use District 3 is 60% to 80%. For the proposed project, the building coverage is 23%. The bottom of the range is considered the desired standard. However unlike the setback requirements above, a decrease in the standard to below the minimum does not require a variance. Therefore, the building coverage is determined to be consistent with the desired standard. ‘Parking: The parking requirement for a hotel is 1.2 parking spaces per room. The requirement for a 106-room hotel is 128 spaces. The proposed project includes 129 parking spaces, 5 of which are designated as handicapped accessible. Of the 129 parking spaces 77 are standard size (8.5’ x 20’) and 51 are compact size (8’ x 15’). The Village Master Plan permits up to 40% of the required parking to be compact. The proposed project is consistent with the parking standards set forth in the Village Master Plan. Residential Density and lnclusionary Housing Requirements: There is no residential component proposed within this project. Therefore, residential density and inclusionary housing requirements are not applicable to this project. VI. CONSISTENCY WITH DESIGN GUIDELINES All new projects within the Village Redevelopment Area must make a good faith effort to design a project that is consistent with a village scale and character. The Design Review Board and the Housing and Redevelopment Commission, as appropriate, must be satisfied that the applicant has made an honest effort to conform to ten (10) basic design principles. These design principles are: STAYBRIDGE SUITES - RP 99-11 JUNE 26,200O PAGE 8 1. Development shall have an overall informal character. 2. Architectural design shall emphasize variety and diversity. 3. Development shall be small in scale. 4. Intensity of development shall be encouraged. 5. All development shall have a strong relationship to the street. 6. A strong emphasis shall be placed on the design of the ground floor facades. 7. Buildings shall be enriched with architectural features and details. 8. Landscaping shall be an important component of the architectural design. 9. Parking shall be visibly subordinated. 10. Signage shall be appropriate to a village character. The proposed project is consistent with the design principles outlined above. The project design provides for an overall informal character while expressing the unique nature of the use and site location. The architectural design provides for variety and diversity through the incorporation of the following elements: varying gable roof heights; a variety of roof pitches that range from a minimum of 5:12 to a maximum of 12:12; building articulation on all elevations; and varied building setbacks. The project incorporates an abundance of informal landscaping along the perimeter of the property, throughout the parking lot to breakup surface parking, and within the recreational area. The building provides for a variety of architectural features and details, which in addition to those previously described include divided-pane windows, a columned entry feature, applied surface ornamentation, and decorative treatment above ground floor windows. Finally, as cbnditioned, project signage will be designed in conformance with the sign guidelines set forth for the Village. A summary of the design features related to the project is provided as an exhibit to this report (Exhibit 7). VII. ‘,CONSISTENCY WITH SIGN STANDARDS As indicated on the sign plan, the applicant is proposing one wall sign on the east elevation of the building facing Interstate 5 and one monument sign at the project entrance on Grand Avenue identifying the name of the project. The area of the wall sign measures 12’-0” wide x 4’- 10” high for a total of 58 square feet. The monument sign measures 7’-0” wide x 3’-5” high for a total of 24 square feet and will be externally illuminated. Both signs are consistent with the sign regulations set forth for the Village Redevelopment Area in terms of size and type of sign. VIII. DEVELOPMENT APPROVAL PROCESS The proposed project requires a major redevelopment permit because it involves new construction of a building that has a building permit valuation which is greater than $150,000. The project must have a recommendation from the Design Review Board and final approval by the Housing and Redevelopment Commission. The Design Review Board is asked to hold a public hearing on the permit requested, consider the public testimony and staffs recommendation on the project, discuss the project and then take action to recommend approval or denial of the project with the requested variances to exceed the height limit and allow setbacks that exceed the standard range. STAYBRIDGE SUITES - RI’ 99-11 JUNE 26,200O PAGE 9 IX. TRAFFIC, CIRCULATION, SEWER, WATER, RECLAIMED WATER AND OTHER SPECIAL CONSIDERATIONS The project, as conditioned, shall comply with the City’s requirements for the following: Traffic: The total projected average daily traffic for the project is 484 ADTs, based on the most recent SANDAG Trip Generation calculations. A traffic impact analysis was conducted for the project. Based on the traffic impact analysis, Grand Avenue is adequate to serve the expected traffic volumes generated by this project. A condition has been included in Design Review Board Resolution No. 275 requiring the developer to enter into an agreement with the City and provide the necessary security to design and install a traffic signal at Grand Avenue and Harding Street if within a five year period a traffic analysis warrants installation of the signal based upon the traffic generated by the hotel. Circulation: Vehicular access to the property is from Grand Avenue. Laguna Drive provides emergency access only. To prevent vehicular access to Laguna Drive a wrought iron fence shall be installed along the northerly property line adjacent to Laguna Drive. To this effect, Design Review Board Resolution No. 275 includes the following condition: “Developer shall install a wrought iron fence up to 6 feet in height along the northerly property line which shall include a 16 foot wide gate with Knox Box for emergency access only to the satisfaction of the City Fire Marshall and Housing and Redevelopment Director.” Sewer: Sewer lines to this project will gravity flow to existing 8” sewer main in Laguna Drive. The total number of sewer Equivalent Dwelling Units (EDU’s) required for the project is 106. Water ‘The Carlsbad Municipal Water District will provide water service to the site. -* Existing mains in Laguna Drive provide water service to the project. Reclaimed Water: The use of reclaimed water will be incorporated where feasible as determined appropriate by the Water District Engineer. Grading: Grading for this project will consist primarily of building pad compaction and establishing the desired drainage pattern for the site. The preliminary geotechnical feasibility investigation indicates that there are no major grading or soils related issues associated with the proposed project. A final soils report will be required prior to the approval of a grading or building permit, which ever occurs first. Draina.qe and Erosion Control: Surface runoff from the development will be conveyed by a secondary drainage system from the site to the street. The system will connect to the existing storm drain in Laguna Drive. Impfovements: The Developer will provide frontage improvements (paving, curb, gutter, sidewalks, street lights, and fire hydrants) along Grand Avenue and Laguna Drive. Additional right-of-way dedication is required along the project frontage on Grand Avenue and Laguna Drive. An improvement plan will be required as part of the formal plan-check process for the project. ., STAYBRIDGE SUITES - RP 99-11 JUNE 26,200O PAGE 10 X. ENVIRONMENTAL REVIEW The Planning Department has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified the following areas of review as having potentially significant effects on the environment: air quality, transportation/circulation, noise, and aesthetics (light and glare). With regard to air quality and transportation/circulation impacts, the City’s Master Environmental Impact Report (MEIR 93-01) completed through the General Plan Update (GPA94-01) found the cumulative impacts of the implementation of projects consistent with the General Plan are significant and adverse due to the regional factors, therefore, the City Council adopted a statement of overriding considerations. The project is consistent with the General Plan and as to the effects on air quality and transportation/circulation, no additional environmental documentation is required. Mitigation measures were prepared with regard to noise and aesthetics (light and glare) and agreed to by the applicant before the proposed negative declaration and initial study were released for public review. The mitigation measures are as follows: 1. The Developer shall submit and obtain Planning Director approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. 2. To mitigate potential noise impacts, a detailed indoor noise analysis is required to determine the building upgrades for the hotel units adjacent to Interstate 5 prior to building permit issuance. The mitigation measures will mitigate the effects to a point where clearly no significant effect on the environment will occur. Additionally, there is no substantial evidence in light of the whole record before the City that the project, with the incorporation of the mitigation measures, will have a significant effect on the environment. As a result of staffs review, a Mitigated Negative Declaration was issued for the subject project by the Planning Director on April 24, 2000 and made available for public review. No comments were received on the environmental document. Adoption of Design Review Board Resolution No. 274 will recommend approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for this project to the Housing and Redevelopment Commission. XI. ECONOMIC IMPACT The proposed project is anticipated to have a significant positive financial impact on the City and the Redevelopment Agency. First, the redevelopment of under-utilized properties will result in increased property taxes. This increase in property tax will result in increased tax increment to the Redevelopment Agency. Second, the project will generate significant transient occupancy taxes which will benefit the City as a whole. Third, it is hoped that the project will serve as a catalyst for other improvements in the area, either new development or rehabilitation ., STAYBRIDGE SUITES - RP 99-11 JUNE 26,200O PAGE 11 of existing buildings. Finally, the project will result in the construction of a new development and elimination of a blighting influence within the area. XII. CONCLUSION Staff is recommending approval of the project with findings to grant a variance for front, rear, and side yards setbacks that exceed the maximum standard allowed and findings to grant a variance to exceed the established building height. Development of the site will complete the third and last component of Specific Plan No. 30 approving this freeway-oriented development. The project will have a positive fiscal impact on both the City and the Redevelopment Agency and will assist in fulfilling the goals and objectives of the Village Redevelopment Master Plan. EXHIBITS: 1. Design Review Board Resolution No. 274 recommending approval of the Mitigated Negative Declaration. 2. Design Review Board Resolution No. 275 recommending approval of RP 99-l 1. 3. Ordinance No. 9313 (SP 30) 4. Memorandum of Support from Planning Director dated April 24, 2000. 5. Location Map 6. Project Description with Disclosure Statement 7. Staff Analysis of Project Consistency with Village Master Plan Design Guidelines 8. Exhibits “A” - “J”, dated June 26, 2000, including reduced exhibits. 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 1 DESIGN REVIEW BOARD RESOLUTION NO. 274 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR MAJOR REDEVELOPMENT PERMIT NUMBER RP 99-11 TO ALLOW THE CONSTRUCTION OF A 106ROOM EXTENDED STAY HOTEL PROJECT ON PROPERTY LOCATED IMMEDIATELY WEST OF INTERSTATE 5 BETWEEN THE TERMINUS OF GRAND AVENUE AND THE TERMINUS OF LAGUNA DRIVE IN LAND USE DISTRICT 3 OF THE CARLSBAD VILLAGE REDEVELOPMENT AREA AND IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: STAYBRIDGE SUITES APN: 203-130-15, 18,20 AND 34 CASE NO: RP 99-11 WHEREAS, Carlsbad Village Suites, LLC, a California Limited Liability Company, “Developer”, has filed a verified application with the Redevelopment Agency of the City of Carlsbad regarding property owned by Sandor W. Shapery, “Owner”, and known as Assessor Parcel Numbers 203- 130- 15, 1820, and 34 and more thoroughly described in Attachment A, (“the property”); and WHEREAS, the Design Review Board did on the 26th day of June, 2000, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing on the 26th day of June, 2000 and upon considering all testimony and arguments, examining the initial study, analyzing the information submitted by staff, and considering any written comments received, the Design Review Board considered all factors relating to the Mitigated Negative Declaration. follows: NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as A. That the foregoing recitations are true and correct. B. That based on the evidence presented at the public hearing, the Design Review Board hereby RECOMMENDS APPROVAL of the Mitigated Negative Declaration according to Exhibit “ND” dated April 24, 2000, “PII” dated April 13, 2000 and Mitigation Monitoring and Reporting Program, attached hereto and made part hereof, based on the following findings: DRB RESO NO. 274 PAGE 1 J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FINDINGS: 1. The Design Review Board of the City of Carlsbad does hereby find: a. it has reviewed, analyzed and considered Mitigated Negative Declaration (BP 99-11) the environmental impacts therein identified for this project and said comments thereon, and the Mitigation Monitoring Program, on file in the Housing and Redevelopment Department, prior to RECOMMENDING APPROVAL of the project; and b. the Mitigated Negative Declaration and the Mitigation Monitoring Program have been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and C. they reflect the independent judgment of the Design Review Board of the City of Carlsbad; and d. based on the EL4 Part II and comments thereon, the Design Review Board finds that there is no substantial evidence the project will have a significant effect on the environment. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design Review Board of the City of Carlsbad, California, held on the 26” day of June, 2000 by the following vote to wit: AYES: NOES: ABSENT: ATTEST: BILL COMPAS, CHAIRPERSON DESIGN REVIEW BOARD DEBBIE FOUNTAIN HOUSING AND REDEVELOPMENT DIRECTOR DRB RESO NO. 274 PAGE 2 - ATTACHMENT ‘!A”- Parcel 1: The-East 143;05 feet of that portion of Tract 117 of Carl&ad Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1661, filed m the Office of the County Recorder of San Diego County, May 1, 1915 bounded by a line described as follows: Beginning at a point on the North line of said Tract 117 and distant thereon South 89” 57’ 00” East, 658.95 feet from’ the most Northwesterly comer of said Tract; thence continuing along said North line South 89” 57’ 00” East, distance of 671,OS feet to a point; thence South 00” 03’ 00” West, a distance of 330.00 feet to point; thence North 89” 57’ 00” West, a distance of 671.43 feet to a poirit; thence North 00” 05’ 00” East, a distance of 330.00 .feet to the point of beginning. The Westerly line of said East 143.05 feet being parallel with the East line of the above described tract. Parcel 2: That portion of Tract 117 of Carl&ad Lands, in the City of C&bad, County of San Diego, State of California, according to Map thereof No. 1661, filed in the Office of the ‘County Recorder of San Diego County, March 1, 1915, described as follows: .Commencing at the most Northeasterly comer of said Tract 117; thence North 89” 57’ West along the Northerly line of said Tract, 1211.82 feet to the True Point of Beginning; thence South 0” 03’ West 330.00 feet; thence South 34” 33’ East 105.80 .feet; thence North 55” 27’ East to a point in the he Northeasterly line of the land described in deed to Donald A. McLean, recorded July 19, 1952 irk Book 4500, Page 83, of Official Records being a point in the Southwesterly line of the California State Highway XI-SD-2-B; thence Northwesterly along the Northeasterly line of said McLean Land to said Northerly line of Tract 117; thence Westerly along said Northerly Line to the True Point of Beginning. EXCEPTING that portion lying East&y of the following described line: Commencing for reference at a point on the center Line of Elm Avenue distant along said center line North 55” 58’ 03” East 617.13 feet from the intersection of said center line with the center line Harding Street - formerly Fifth Street; thence North 34” 01’ 57” West 40.00 feet; thence North 10” 10’ 18” West 3.72 feet to the True Point of Beginning; thence continuing North 10” 10’ 18” West 315.51 feet; thence North 16” 37’ 24” West 175.70 feet; thence North 17” 51’ 38” West 566.95 feet; thence North 22” 33’ 07” West 490.19 feet to a point on the centerline of Knowles Avenue, distant along said center line South 89” 06’ 33” East 202.07 feet from the intersection of last said center line with the Easterly line of Block 13 Sunny Slope Tract of Carlsbad, according to Map thereof No. 995, filed in the Office of the County Recorder of San Diego County, June 6, 1906. 30 I The bearing and distances used in the above exception are on the California Coordinate System Zone 6, multiply all distances used in the above description by 1.0000472 to obtain ground level distances. ParceI 3: That portion of Lot 31 in SchelI and Sites Addition to Carlsbad, the City of Carlsbad, in the County OF San Diego, State of California, according to Map thkcof ’ No. 2145, fded in the Office of the County Recorder of San Diegd County, February 20, 1929, lying Northeasterly of the location and prolongation of a Iine which is ptiel with and 50 feet Northeasterly, measured jJong the Southeasterly lot line, from the SouthwesterIy Line of said Lot 31. APN: 203-130-15, 203-130-15, 203-130-20 and 203-130-34 - EXHIBIT “ND’! City of Carlsbad MITIGATED NEGATIVE DECLARATION Project Address/Location: The project site is located adjacent and west of Interstate 5, north of Grand Avenue and south of Laguna Drive. Assessors parcel numbers 203-130-15, 18,20 and 34. Project Description: A 106 suite hotel including 53 studio units, 35 one-bedroom units, and 18 hvo-bedroom units within a three story structure on a 2.41 acre site located adjacent and west of Interstate 5, north of Grand Avenue and south of Laguna Drive. Project includes the frontage improvements to Grand Avenue and Laguna Drive and the demolition of four existing single-family residences. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the City that the project “as revised” may have a significant effect on the environment. Therefore, a Mitigated Negative Declaration is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Mitigated Negative Declaration with supportive documents is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments Tom the public are invited. Please submit comments in writing to the Planning Department within 20 days of date of issuance. If you have any questions, please call Van Lynch in the Planning Department at (760) 602-4613. DATED: APRIL 24,200O CASE NO: RP 99-l 1 CASE NAME: STAYBRIDGE SUITES PUBLISH DATE: APRIL 24,200O MICHAEL J. H&!ZMItiER Planning Director 1635 Faraday Avenue - Carlsbad, CA 92008-7314 - (760) 602-4600 - FAX (760) 602-8559 EXHIBIT “PII” ENWROBMENTAL IMPACT ASSESSMENT FORM - PART II CASE NO: RP 99-11 DATE: Amil 13.2000 BACKGROUND 1. CASE NAME: Stavbridee Suites 2. APPLICANT: Shauerv Enterprises 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 423 West B Street. San Dieeo, CA 92101 - (619) 2394700 4. DATE EIA FORM PART I SUBMITTED: Julv 16, 1999 5. PROJECT DESCRIPTION: A 106 suite hotel including 53 studio units. 35 one-bedroom units, and 18 two-bedroom units within a three storv structure and associated parking area on a 2.41 acre site located adiacent and west of Interstate 5. north of Grand Avenue and south of Larmna Drive. Proiect includes the frontage improvements to Grand Avenue and Lacuna Drive and the demolition of four existing single-familv residences. SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact,” or “Potentially Significant Impact Unless Mitigation Incorporated” as indicated by the checklist on the following pages. cl Land Use and Planning El Transportation/Circulation 0 Public Services cl Population and Housing 0 Biological Resources cl Utilities & Service Systems q Geological Problems II Energy & Mineral Resources lxl Aesthetics cl Water q Hazards q Cultural Resources q Air Quality Ix] Noise q Recreation q Mandatory Findings of Significance Rev. 03/28/96 DETERMINATION. (To be completed by the Lead Agency) q q cl Ix] El I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have significant effect(s) on the environment, but at least one potentially significant effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. A Mitigated Negative Declaration is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier Master Environmental Impact Review (MEIR 93-01) pursuant to applicable standards and (b) have been voided or mitigated pursuant to that earlier Master Environmental Review (MEIR 93-Ol), includmg revisions or mitigation measures that are imposed upon the proposed project. Therefore, a Notice of Prior Compliance has been prepared. Plan& Signature L/-I$ -00 Date Planning Directox Si& ure Date 2 Rev. 03/28/96 - ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact -4ssessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the follo\ting pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. . A brief explanation is required for all answers except “No Impact” answers that are adequately supported by an information source cited in the parentheses following each question. A “NO Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A “No Impact” answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. 0 “Less Than Si’gnificant Impact” applies where there is supporting evidence that the potential impact is not adversely significant, and the impact does not exceed adopted general standards and policies. l “Potentially Significant Unless Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. 0 “Potentially Si,gnificant Impact” is appropriate if there is substantial evidence that an effect is significant. 0 Based on an “E&Part II”, if a proposed project could have a potentially significant effect on the environment, but fl potentially significant effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required (Prior Compliance). . When “Potentially Significant Impact” is checked the project is not necessarily required to prepare an EIR if the significant effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a “Statement of Overriding Considerations” has been made pursuant to that earlier EIR. a A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. 3 Rev. 03/28/96 0 If there are one or more potentially significant effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate “Potentially Significant Impact Unless Mitigation Incorporated” may be checked and a Mitigated Negative Declaration may be prepared. 0 An EIR must be prepared if “Potentially Significant Impact” is checked, and including but not limited to the following circumstances: (1) the potentially significant effect has not been discussed or mitigated in an Earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the impact to less than significant; (2) a “Statement of Overriding Considerations” for the significant impact has not been made pursuant to an .earlier EIR; (3) proposed mitigation measures do not reduce the impact to less than s&ificant, or; (4) through the EIA-Part II analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of si,onificance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. 4 Rev. 03/28/96 Issues (and Supporting Information Sources). I. LAND USE AND PLANNING. Would the proposal:. 4 b) cl 4 Conflict with general plan designation or zoning? (Source #l:Pgs 5.6-l - 5.6-18) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? (#l:Pgs 5.6-l - 5.6-18) Be incompatible with existing land use in the vicinity? (#l:Pgs 5.6-I - 5.6-15) e> Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses)? (#l:Pgs 5.6-l - 5.6-18) Disrupt or divide the physical arrangement of an established COITUIIUII$J (including a low-income or minority community) ? (#l:Pgs 5.6-l - 5.6-18) II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? (#l:Pgs 5.5-I - 5.5-6) b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? (#l:Pgs 5.5-l - 5.5-6) c) Displace existing housing, especially affordable housing? (#l:Pgs 5.5-l - 5.5-6) III. GEOLOGIC PROBLEMS. Would the proposal result in or a> b) 4 4. e> f) g> h> i> expose people to potential impacts involving: Fault rupture? (#l:Pgs 5.1-1 - 5.1-15, # 2) Seismic ground shaking? (#l:Pgs 5.1-l - 5.1-15, # 2) Seismic ground failure, including liquefaction? (#l:Pgs 5.1-I - 5.1.15, #2) Seiche, tsunami, or volcanic hazard? (#l:Pgs 5.1-I - 5.1-15) Landslides or mudflows? (#l:Pgs 5.1-l - 5.1-15) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? (#l:Pgs 5.1-1 - 5.1-15, # 2) Subsidence of the land? (#l:Pgs 5.1-I - 5.1-15) Expansive soils? (#l:Pgs 5.1-1 - 5.1-15, # 2) Unique geologic or physical features? (#l:Pgs 5. l-l - 5.1-15, # 2) IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? (#l:Pgs 5.2-l - 5..2- 11) b) Exposure of people or property to water related hazards such as flooding? (#l:Pgs 5.2-l - 5..2-11) c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? (#l:Pgs 5.2-l - 5..2-11) Potentially Significant Impact q q q q q q q q 0 q q q q q q q Cl q 0 cl Potentially Significant Unless Mitigation Incorporated q q q q q q q q q q q q q q q q q 0 cl q Less Than Significant impact 0 0 q q q cl El 5 NO Impact 5 5 5 5 5 5 5 0 q 5 q 5 q 5 q 5 q 5 0 5 q 5 0 5 cl 5 q 5 q 5 q 5 5 Rev. 03/28/96 &sues (and Supporting Informauon Sources). d) 4 f) Changes in the amount of surface water in any water body? (#l:Pgs 5.2-l - 5.2-11) Changes in currents, or the course or direction of water movements? (#l:Pgs 5.2-l - 5..2-11) Changes in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? (#l:Pgs 5.2-l - 5,.2-l 1) Altered direction or rate of flow of groundwater? (#l:Pgs 5.2-l - 5..2-11) Impacts to groundwater quality? (#l:Pgs 5.2-l - 5..2- 11) Substantial reduction in the amount of groundwater otherwise available for public water supplies? (#l:Pgs 5.2-l - 5..2-11) V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? (#l:Pgs 5.3- 1 - 5.3-12) b) Expose sensitive receptors to pollutants? (#l:Pgs 5.3-l - 5.3-12) c) Altei air movement, moisture, or temperature, or cause any change in climate? (#l:Pgs 5.3-l - 5.3-12) d) Create objectionable odors? (#l:Pgs 5.3-l - 5.3-12) VI. TR4NSPORTATION/CIATION. Would the a> b) c> 4 4 fl 8) proposal result in: Increased vehicle trips or traffic congestion? (#l:Pgs 5.7-I - 5.7.22) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? (#l:Pgs 5.7-l - 5.7.22) Inadequate emergency access or access to nearby uses? (#l:Pgs 5.7-l - 5.7.22) Insufficient parking capacity on-site or off-site? (#l :Pgs 5.7- 1 - 5.7.22) Hazards or barriers for pedestrians or bicyclists? (#l:Pgs 5.7-l - 5.7.22) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? (#l:Pgs 5.7-l - 5.7.22) Rail, waterborne or air traffic impacts? (#l:Pgs 5.7-l - 5.7.22) VII. BIOLOGICAL RESOURCES. Would the proposal result a> b) c> in impacts to: Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds)? (#l:Pgs 5.4-l - 5.4-24) Locally designated species (e.g. heritage trees)? (#l:Pgs 5.4-l - 5.4-24) Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? (#l:Pgs 5.4-l - 5.4-24) 0 q 0 q q q Ix] cl III 0 Ix1 q El q q q q q q q cl El cl q q cl q cl 0 El q q q 0 q cl 0 q cl q (x1 ix lxl 6 Rev. 03128196 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated q cl cl Less Than Significant Impact q q 0 q q q q q q q q q El q q q 0 q lzl Ix1 ixl Issues (and Supporting InformaLton Sources). 4 4 VIII. a> b) cl Wetland habitat (e.g. marsh, riparian and vernal pool)? (#l:Pgs 5.4-l - 5.4-24) Wildlife dispersal or migration corridors? (# 1 :Pgs 5.4- 1 - 5.4-24) ENERGY AND MINERAL RESOURCES. Would the proposal: Conflict with adopted energy conservation plans? (#l:Pgs 5.12.1-1 - 5.12.1-5 & 5.13-l -5.13-g) Use non-renewable resources in a wasteful and inefficient manner? (#l:Pgs 5.12.1-1 -5.12.1-5 & 5.13- 1 - 5.13-9) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? (#l:Pgs 5.12.1-I - 5.12.1-5 & 5.13-1 - 5.13-9) IX. HAZARDS. Would the proposal involve: 4 b) c> 4 4 A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? (#l:Pgs 5.10.1-I - 5.10.1-5) Possible interference with an emergency response plan or emergency evacuation plan? (#l:Pgs 5.10.1-l - 5.10.1-5) The creation of any health hazard or potential health hazards? (#l:Pgs 5.10.1-l - 5.10.1-5) Exposure of people to existing sources of potential health hazards? (#l:Pgs 5.10.1-I - 5.10.1-5) Increase fire hazard in areas with flammable brush, grass, or trees? (#l:PgS 5.10.1-I - 5.10.1-5) X. NOISE. Would the proposal result in: a) Increases in existing noise levels? (#l:Pgs 5.9-l - 5.9- 15) b) Exposure of people to severe noise levels? (#l:Pgs 5.9- 1 - 5.9-15, # 3) XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the f0llowing areas: a) Fire protection? (#l:Pgs 5.12.5-l - 5.12.5-6) b) Police protection? (#l:Pgs 5.12.6-l - 5.12.6-4) c) Schools? (#l:Pgs 5.12.7.1 - 5.12.7-5) d) Maintenance of public facilities, including roads? (Xl:Pgs 5.12.1-l - 5.12.8-7) e) Other governmental services? (#l:Pgs 5.12.1-1 - 5.12.8-7) XILUTILITIES AND SERVICES SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a) Power or natural gas? (#l:Pgs 5.12.1-l - 5.12.1-5 & 5.13-1 - 5.13-9) Potentially Significant Impact El q cl q q q cl q q cl cl q cl q El q 0 0 Potentially Significant Unless Mitigation Incorporated q El Cl I7 cl q q 0 [II cl q 0 q q cl q q q Less Than Significant Impact q q q El q q q q q q q 5 NO Impact 5 5 5 5 5 5 5 5 5 5 5 cl q 5 q 5 q 5 q El q 5 q 5 7 Rev. 03/28/96 Issues (and Supporting Informanon Sources). b) cl 4 4 f) 9) XIII. a> b) 4 XIV. a> b) c> 4 e> Communications systems? (#l:Pgs 5.12.1-I - 5.12.8-7) Local or regional water treatment or distribution facilities? (#l:Pgs 5.12.2-1 - 5.12.3-7) Sewer or septic tanks? (#l:Pgs 5.12.3-l - 5.12.3-7) Storm water drainage? (#l:Pg 5,2-S) Solid waste disposal? (#l:Pgs 5.12.1-l - 5.12.4-3) Local or regional water supplies? (#1:&s 5.12.2-1 - 5.12.3-7) AESTHETICS. Would the proposal: Affect a scenic or vista or scenic highway? (#l:Pgs 5.1 l-l - 5.1 l-5) Have or demonstrate a negative aesthetic effect? (#l:Pgs 5.11-l - 5.11-5) Create light or glare? (#l:Pgs 5.1 l-1 - 5.1 l-5) CULTURAL RESOURCES. Would the proposal: Disturb paleontological resources? (#l:Pgs 5.8-l - 5.8- 10) Disturb archaeological resources? (#l:Pgs 5.8-l - 5% 10) Affect historical resources? (#l:Pgs 5.8-l - 5.8-10) Have the potential to cause a physical change which would-affect unique ethnic cultural values? (#l:Pgs 5.8-I - 5.8-10) Restrict existing religious or sacred uses within the potential impact area? (#l:Pgs 5.8-l - 5.8-10) XV. RECREATIONAL. Would the proposal: a) b) XVI. a> Increase the demand for neighborhood or regional parks or other recreational facilities? (#l :Pgs 5.12.8- 1 - 5.12.8-7) Affect existing recreational opportunities? (#l:Pgs 5.12.8-I - 5.12.8-7) MANDATORY FINDINGS OF SIGNIFICANCE. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Potentially Significant Impact q cl q q 0 cl 0 q q q q q q q q q q Potentially Significant Unless Mitigation Incorporated q 0 q cl El q 0 q cl q cl q q q q q q Less Than Significant Impact q q q q q q q q 5 q q q q q q q q 90 Impact 5 5 5 5 5 5 5 5 q 5 5 5 5 5 5 5 5 8 Rev. 03128196 .- - issues (and Supporting Informanon Sources). Potentially Significant Impact b) Does the project, have impacts that are individually limited, but cumulatively considerable? q (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause the substantial adverse effects on human beings, q either directly or indirectly? Potentially Less Than X0 Significant Significant Impact Unless Impact Mitigation Incorporated q q ixl cl q Ix1 Rev. 03128196 XVII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a> Earlier analyses used. Identify earlier analyses and state where they are available for review. ‘8 Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. C> Mitigation measures. For effects that are “Less than Significant with Mitigation Incorporated,” describe the mitigation measures which were. incorporated or refined from the earlier document and the extent to which they address site- specific conditions for the project. 10 Rev. 03/28/96 - DISCUSSION OF ENVIRONMENTAL EVALUATION I. PROJECT DESCRIPTION/ENVIRONMENTAL SETTING The proposed project consists of a 106 suite extended stay hotel. The project includes 53 studio units, 35 one-bedroom units, and IS two-bedroom units with a total floor area of 72,435 square feet. The hotel is to be one building which forms a U-shape and will be three levels with an overall roof height of 44 feet, one inch. A variance request to exceed the building height is required. On-site improvements include a swimming pool, circulation drive isle, 127 pa&ing spaces, trash enclosure, exterior lights, six foot tall masonry perimeter wall, and sneet improvements in the form of curb, sidewalk and gutter to Grand Avenue and Laguna Drive. Grading for the project is 11,600 cubic yards of material and is balanced grading. The site is currently occupied by four single-family residences, one outbuilding, and ornamental landscaping. The remainder of the property is vacant and is under cultivation with tomato crops. The site is relatively flat with a eight foot elevation change descending to the west. The property to the east is Interstate 5 freeway, to the south is a restaurant and hotel, four single-family residential units border the site to the west, and a senior care facility (Villas De Carlsbad) is to the north. The project site does not contain any significant natural, cultural, or biological resources. The existing streets, with the mitigation measure, are adequate to handle the traffic generated by the project and the existing inf?astructure is in place to provide services to the project. 11 Rev. 03128196 II. B. ENVIRONMENTAL ANALYSIS Environmental Impact Discussion Air Quality The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in increased gas and electric power consumption and vehicle miles traveled. These subsequently result in increases in the emission of carbon monoxide, reactive organic gases, oxides of nitrogen and sulfur, and suspended particulates. These aerosols are the major contributors to air pollution in the City as well as in the San Diego Air Basin. Since the San Diego Air Basin is a “non-attainment basin,” any additional air emissions are considered cumulatively significant: therefore, continued development to buildout as proposed in the updated General Plan will have cumulative significant impacts on the air quality of the region. To lessen or minimize the impact on air quality associated with General Plan buildout, a variety of mitigation measures are recommended in- the Final Master EIR. These include: 1) provisions for roadway and intersection improvements prior to or concurrent with development; 2) measures to reduce vehicle trips through the implementation of Congestion and Transportation Demand Management; 3) provisions to encourage alternative modes of transportation including mass transit services; 4) conditions to promote energy efficient building and site design; and 5) participation in regional growth management strategies when adopted. The applicable and appropriate General Plan air quality mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Operation-related emissions are considered cumulatively significant because the project. is located within a “non-attainment basin,” therefore, the “Initial Study” checklist is marked. “Potentially Significant limpact.” This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a “Statement Of Overriding Considerations” for air quality, impacts. This “Statement Of Overriding Considerations” applies to all subsequent projects covered by the General Plan’s Final Master EIR, including this project, therefore, no further environmental review of air quality impacts is required. This document is available at the Planning Department. Transportation/Circulation The implementation of subsequent projects that. are consistent with and included in the updated 1994 General Plan will result in increased traffic volumes. Roadway segments will be adequate to accommodate buildout traffic; however, 12 full and 2 partial intersections will be severely impacted by regional through-traffic over which the City has no jurisdictional control. These generally include all freeway interchange areas and major intersections along Carlsbad Boulevard. Even with the implementation of roadway improvements, a number of intersections are projected to fail the City’s adopted Growth Management performance standards at buildout. To lessen or minimize the impact on circulation associated with General Plan buildout, numerous mitigation measures have been recommended in the Final Master EIR. These include: 1) measures to ensure the provision of circulation facilities concurrent with need; 2) provisions to develop alternative modes of transportation such as trails, bicycle routes, additional sidewalks, pedestrian linkages, and commuter rail systems; and 3) participation in regional circulation 12 Rev. 03/28/96 strategies when adopted. r’he diversion of regional through-traffic from a failing Interstate or State Highway onto City streets creates impacts that are not within the jurisdiction of the City to control. The applicable and appropriate General Plan circulation mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Regional related circulation impacts are considered cumulatively significant because of the failure of intersections at buildout of the General Plan due to regional through-traffic, therefore, the “Initial Study” checklist is marked “Potentially Significant Impact.” This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the recent certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a “Statement Of Overriding Considerations” for circulation impacts. This “Statement Of Overriding Considerations” applies to all subsequent projects covered by the General Plan’s Master EIR, including this project, therefore, no further environmental review of circulation impacts is required. Noise The structure will attenuate noise from the freeway for the residential units adjacent. The project will be subject to noise from the I-5 freeway and is conditioned to prepare a detailed acoustical analysis prior to the issuance of a building permit. Noise attenuation measures may include closed windows, central air conditioning, and double glazed windows. Aesthetics - Light and glare Parking lot lighting has the potential to impact the adjacent residential area. The project will be conditioned to install lights which are shielded to prevent the spill-over of light onto the adjacent residential prppertyto mitigate any potential impact. III. EARLIER ANALYSES USED The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 1635 Faraday Avenue, Carlsbad, CA. 92008, (760) 602-4605. 1. Final Master Environmental Imuact Report for the City of Carlsbad General Plan Update (MEIR 93-Ol), dated March 1994, City of Carlsbad Planning Department. 2. Report of Preliminary/Feasibility Investigation Proposed 106 room Hotel, Owen Geotech, dated September 27,1999 3. Preliminary Noise Report, Staybridge Suites Hotel, Shaper-y Enterprises, dated September 28, 1999. 13 Rev. 03/28/96 LIST OF MITIGATING IwZASURES 1. The Developer shall submit and obtain Planning Director approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. 2. To mitigate potential noise impacts, a detailed indoor noise analysis is required to determine the building upgrades for the hotel units adjacent to Interstate 5 prior to building permit issuance. ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE1 See attached 14 Rev. 03/28/96 - - APPLICANT CONCURILACE WITH MITIGATION MEASURJ3 THISIS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEAdRES TO THE PROJECT. - - 7 ~UPO Date Signature 15 Rev. 03/28/96 #ENVIRONMENTAL MI I 6ATION MONITORING CHECKLIST: Page I of 1 2 E ‘3 02 .L!? c bEal II E v) Y P .- E m a c” 2 .- 0 .- 6 2 a . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DESIGN REVIEW BOARD RESOLUTION NO. 275 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR REDEVELOPMENT PERMIT NUMBER RP 99-l 1 FOR A 106-ROOM “EXTENDED STAY” HOTEL PROJECT ON PROPERTY LOCATED IMMEDIATELY WEST OF INTERSTATE 5 BETWEEN THE TERMINUS OF GRAND AVENUE AND THE TERMINUS OF LAGUNA DRIVE IN LAND USE DISTRICT 3 OF THE VILLAGE REDEVELOPMENT AREA AND IN LOCAL FACILITIES ZONE 1. CASE NAME: STAYBRIDGE SUITES APN: 203-130-15, 18,20, AND 34 CASE NO: RP 99-l 1 WHEREAS, the City Council of the City of Carlsbad approved Ordinance No. 93 13 (SP No. 30) on the 20th day of June, 1972 establishing a Specific Plan for freeway-oriented commercial facilities, including a 106-room motel, on property located on the northwest quadrant of Interstate 5 and Carlsbad Village Drive; and WHEREAS, Ordinance No. 9313 (SP No. 30) remains effective and establishes the permitted land use for the properties within the Specific Plan boundaries; and WHEREAS, Assessor’s Parcel Numbers 203-130-15, 18, 20, and 34, more thoroughly described in Attachment A (“the property”), was identified in Ordinance No. 9313 (SP No. 30) as approved for a 106-room motel site; and WHEREAS, a Major Redevelopment Permit is required for the property to insure the proposed project is in compliance with existing development standards and design guidelines established for the area; and WHEREAS, Carlsbad Village Suites, LLC, a California Limited. Liability Company, “Developer”, has filed a verified application with the Redevelopment Agency of the City of Carlsbad regarding the property owned by Sandor W. Shapery, “Owner”; and WHEREAS, said application constitutes a request for a Major Redevelopment Permit, including a variance request for front, rear and side yard setbacks to exceed the maximum range and a variance request to exceed the height limit as shown on Exhibits A-J, dated June 26, 2000, on file in the Housing and Redevelopment Department, “Staybridge Suites RP 99-1 l”, as provided by Chapter DRB RESO NO. 275 PAGE 1 57 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1.35.080 of the Carlsbad Municipal Code; and WHEREAS, the Design Review Board did on the 26th day of June, 2000, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing on the 26 th day of June, 2000, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Board considered all factors relating to “Staybridge Suites RP 99-l 1”. NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as follows: A. That the foregoing recitations are true and correct. B. That based on the evidence presented at the public hearing, the Design Review Board RECOMMENDS APPROVAL of Staybridge Suites RP 99-11, based on the following findings and subject to the following conditions: GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS: 1. The Design Review Board finds that the project, as conditioned herein and with the findings contained herein for setback and height variances, is in conformance with the City’s - General Plan, the Carlsbad Village Area Redevelopment Plan and Village Master Plan and Design Manual, Ordinance No. 93 13 (SP No. 30), and all pertinent provisions of the Carlsbad Municipal Code based on the facts set forth in the staff report dated June 26,200O including, but not limited to the following: a. The project is consistent with the Carlsbad General Plan in that it provides for a tourist/traveler serving use normally associated with urban freeway interchanges in an appropriate location within the Village. The use in turn provides an additional customer base for local restaurants, specialty shops, and nearby convenience services. b. The project is consistent with the land use standards set forth in the Village Master Plan in that it will provide a provisional use (hotel) in an appropriate location within Land Use District 3 of the Village Redevelopment Area. C. The proposed use was approved in Ordinance No. 9313 (SP No. 30) authorizing freeway-oriented commercial facilities and the proposed 106-room hotel is consistent with the Specific Plan as approved in that it provides for the same number of rooms as set forth in SP No. 30 and under the Village Redevelopment Master Plan and Design Manual hotels and motels are subject to identical design criteria and development standards. d. The project as designed is consistent with the development standards for Land Use District 3, design guidelines, and other applicable regulations set forth in the Village Master Plan and Design Manual, with the exception of the requested variances. DRB RESO NO. 275 PAGE 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. The Design Review Board finds as follows to allow for variances for front, side, and rear yard setbacks that exceed the standard range: a. That the application of certain provisions of this chapter will result in practical dificulties or unnecessary hardships which would make development inconsistent with the general purpose and intent of the Carlsbad Village Redevelopment Plan, in that strict adherence to the setback standards would impede vehicular access of emergency vehicles and prevent the Fire Department from adequately servicing the site in the event of an emergency. The increased setbacks allow emergency vehicles to enter the site from either Grand Avenue or Laguna Drive and obtain access to the proposed structure at all points along the perimeter of the building. This is consistent with the general purpose and intent of the Village Redevelopment Master Plan which is to establish the Village as safe place to work, live and visit. DRB RESO NO. 275 b. That there are exceptional circumstances or conditions unique to the property or the proposed development which do not generally apply to other properties or developments which have the same standards, restrictions, and controls, in that the irregular shape of the subject property coupled with it’s location adjacent to Interstate 5 and frontage along the terminus of two public streets makes it difficult to adhere to the established setback standards and provide proper on-site circulation, emergency access, and required parking to service the use. c. That the granting of a variance will not be injurious or materially detrimental to the public welfare, other properties or improvements in the project area, in that the increased setbacks above the maximum range will not have a detrimental impact on neighboring properties, because the additional setback allows greater separation between the proposed hotel use and neighboring residential uses, thus increasing the livability of the area and reducing impacts to surrounding properties. d. That the granting of a variance will not contradict the standards established in the Village Master Plan and Design Manual, in that the standards established in the Village Master Plan and Design Manual were intended to be somewhat flexible in order to encourage e. The existing streets can accommodate the estimated ADTs and all required public right-of-way has been or will be dedicated and has been or will be improved to serve the development. The pedestrian spaces and circulation have been designed in relationship to the land use and available parking. Pedestrian circulation is provided through pedestrian-oriented building design, landscaping, and hardscape. Public facilities have been or will be constructed to serve the proposed project. The project has been conditioned to develop and implement a program of “best management practices” for the elimination and reduction of pollutants which enter into and/or are transported within storm drainage facilities. . f. The proposed project will not have an adverse impact on any open space within the surrounding area. The project is consistent with the Open Space requirements for new development within the Village Redevelopment Area. is. The proposed project has been conditioned to comply with the Uniform Building and Fire Codes adopted by the City to ensure that the project meets appropriate tire protection and other safety standards. PAGE 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 diversity and variety of development and to take into consideration the unique lot configurations found within the Village Redevelopment Area. e. The project is in a location that transitions to residential uses and the increased setbacks protect the livability of the residential development in the area. In addition, since the subject property is bordered by the terminus of two streets and a freeway, consistency with the front yard setbacks of adjacent properties is not a critical design issue for the area. 3. The Design Review Board finds as follows to allow for an increase in maximum height from 35’-0” to 40’5”: a. That the application of certain provisions of this chapter will result in practical difficulties or unnecessary hardships which would make development inconsistent with the general purpose and intent of the Carlsbad Village Redevelopment Plan, in that development of the site as a 106-room hotel is governed by Ordinance No. 9313 (Specific Plan No. 30). Development of the approved use and associated parking on the subject property requires the construction of a three-story structure. Additionally, the Village Master Plan and Design Guidelines require a minimum 5:12 roof pitch. Construction of a three-story structure within the 35-foot height limit precludes the inclusion of the required roof pitch, The steeper roof pitch is a dominant and consistent architectural feature within the Village. Strict adherence to the 35-foot height limit would therefore make the development inconsistent with the general purpose and intent of the Carlsbad Village Area. b. That there are exceptional circumstances or conditions unique to the property or the proposed development which do not generally apply to other properties or developments which have the same standards, restrictions, and controls, in that use of the property is governed by the adoption of Ordinance No. 9313. Adoption of said Ordinance occurred prior to the formation of the Village Redevelopment Area and prior to the adoption of the Village Redevelopment Master Plan and Design Guidelines. A variance is warranted in order for the approved use to be developed in a manner consistent with the existing design guidelines for the area. c. That the granting of a variance will not be injurious or materially detrimental to the public welfare, other properties or improvements in the project area, in that the proposed project will serve as a buffer between Interstate 5 and the residential uses to the west. Therefore, the additional building height will contribute towards reducing existing noise levels from the adjacent freeway and will not have a detrimental impact on neighboring properties. d. That the granting of a variance will not contradict the standards established in the Village Master Plan and Design Manual, in that the standards established in the Village Master Plan and Design Manual were intended to be somewhat flexible in order to encourage diversity and variety of development and to take into consideration the unique development constraints found within the Village Redevelopment Area. At 40’-5”, the height of the proposed project is below the maximum height of 45 feet allowed in Land Use 3 if a project is built over a parking structure. Granting the height variance in conjunction with the inclusion of surface parking results in a lower overall project height and better site design which are consistent with the standards set forth in the Village Master Plan and Design Manual. DRB RESO NO. 275 PAGE 4 i&u e. The increased height is visually compatible with the Las Villas de Carlsbad Retirement Center located immediately north of the subject property. The retirement facility is three-stories, 40 feet high and encompasses three acres. The proposed project would result in visual continuity along the west side of Interstate 5. f. The increased height will not unduly impact nearby residential uses because the proposed project provides a buffer between Interstate 5 and the residential uses located west of the subject property. g. The taller project will not adversely impact views in the area because the project would serve as a visual buffer between Interstate 5 and the properties to the west. 11. The project will maintain a scale and character compatible with the Village design guidelines, because the project is lower than the 45 foot maximum height allowed if the structure were built over a parking structure. i. The project provides for exceptional design quality through the use of various building materials (i.e. stone, wood, lap siding, and stucco), varying roof heights, and the use of architectural treatments such as dormers, a columned entry feature and divided-pane windows. GROWTH MANAGEMENT FINDINGS: ‘4. . The project is consistent with the City-wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1, and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to _ ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, a. The project has been conditioned to ensure that building permits will not be issued for the project unless the District Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available and the District Engineer is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. b. All necessary public improvements have been provided or are required as conditions of approval. C. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. NOLLANDOLAN FINDING: 5. The Design Review Board has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. DRB RESO NO. 275 PAGE 5 1 2 c 4 c k E 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 GENERAL CONDITIONS: Note: 1. 2. 3. 4. 5. 6. 7. 8. Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of building permits. If any of the followin g conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City/Agency shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s/Agency’s approval of this Major Redevelopment Permit. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Major Redevelopment Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the Housing and Redevelopment Commission determines that the project without the condition complies with all requirements of law. The Developer shall implement, or cause the implementation of, the Staybridge Suites Project Mitigation Monitoring and Reporting Program. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the Redevelopment Agency of the City of Carlsbad, its governing body members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the Agency arising, directly or indirectly, from (a) Agency’s approval and issuance of this Major Redevelopment Permit, (b) Agency’s approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator’s installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. The Developer shall submit to the Housing and Redevelopment Department a reproducible 24” x 36”, mylar copy of the Major Redevelopment Permit reflecting the conditions approved by the final decision making body. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the School District that this project has satisfied its obligation to provide school facilities. DRB RESO NO. 275 PAGE 6 GZ- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. Landscape Conditions: 10. The Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. The Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 11. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the project’s building, improvement, and grading plans. Noticing Conditions: 12. Prior to the issuance of the building permit, Developer shall submit to the City a Notice of Restriction to be tiled in the office of the County Recorder, subject to the satisfaction of the Housing and Redevelopment Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Major Redevelopment Permit by Resolution(s) No. 274 and 275 on the real property owned by the Developer. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Housing and Redevelopment Director has the authority to _ execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. On-site Conditions: 13. 14. 15. 16. 17. The Developer shall construct trash receptacle and recycling areas as shown on the site plan (Exhibit “B”) enclosed by a six-foot high masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 21 .105. Location of said receptacles shall be approved by the Housing and Redevelopment Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Housing and Redevelopment Director. No outdoor storage of material shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and Housing and Redevelopment Director of an Outdoor Storage Plan, and thereafter comply with the approved plan. The Developer shall submit and obtain Planning Director approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. Compact parking spaces shall be located in large groups, and in locations clearly marked to the satisfaction of the Housing and Redevelopment Director. Developer shall construct, install and stripe not less than 127 parking spaces, as shown on Exhibits “B”. DRB RESO NO. 275 PAGE 7 7, 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 18. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Housing and Redevelopment. 19. Developer shall install a wrought iron fence up to 6 feet in height along the northerly property line which shall include a 16 foot wide gate with Knox Box for emergency access only to the satisfaction of the City Fire Marshall and Housing and Redevelopment Director. ENGINEERING CONDITIONS: NOTE: Unless specifically stated in the condition, upon the approval of this proposed Major Redevelopment Permit, all of the following engineering conditions must be met prior to the issuance of building or grading permits 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. Prior to issuance of any building permit, Developer shall comply with the requirements of the City’s anti-graffiti program for wall treatments if and when such a program is formally established by the City. FeesiApreements: 3. 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. 4. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City’s standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. 5. 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 project into the existing City of Carlsbad Street Lighting and Landscaping District No. 1, on a form provided by the City Engineer. Grading: 6. Prior to the issuance of a grading permit or building permit, whichever occurs first, Developer shall submit to the City Engineer proof that a Notice of Intention for the start of work has been submitted to the State Water Resources Control Board. 7. Developer shall provide a soils report for the project site to the satisfaction of the City Engineer. The soils report recommendations shall be reflected in the final design of the site. DRB RESO NO. 275 PAGE 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8. Upon completion of grading, Developer shall file an “as-graded” geologic plan as determined by the City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a contour map that represents both the pre and post site grading. The plan shall be si,sned by both the soils engineer and the engineering geologist, and shall be submitted on a 24” x 36” mylar or similar drafting film format suitable for a permanent record. 9. This project requires off site grading. No grading for private improvements shall occur outside the limits of this approval unless Developer obtains, records and submits a recorded copy to the City Engineer a grading or slope easement or agreement from the owners of the affected properties. If Developer is unable to obtain the grading or slope easement, or agreement, no grading permit will be issued. In that case Developer must either apply for and obtain an amendment of this approval or modify the plans so grading will not occur outside the project and apply for and obtain a finding of substantial conformance from both the City Engineer and Planning Director. 10. 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 apply for and obtain a grading permit from the City Engineer prior to issuance of a building permit for the project. Dedications/Improvements: 11. Additional drainage easements may be required. Developer shall dedicate and provide or install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit. 12. Developer shall provide the design of all private streets and drainage systems to the satisfaction of the City Engineer. A secondary drainage system shall be designed to provide for the surface drainage from the site to the streets, precluding the possibility of flooding the building should the underground drainage system fail. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the City. Developer shall pay the standard improvement plan check and inspection fees. 13. Developer shall execute a City standard Development Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on the site plan and the following improvements including, but not limited to paving, base, sidewalks, curbs and gutters, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, storm drain system, fire hydrants, street lights, and retaining walls, to City Standards to the satisfaction of the City Engineer in the following areas: A. Grand Avenue along project frontage. B. Laguna Drive along project frontage. Improvements listed above shall be constructed within 18 months of approval of the development improvement agreement or such other time as provided in said agreement. 14. Grand Avenue and Laguna Drive shall be dedicated by Owner along the project frontage based on a centerline to right-of-way width of sixty feet and a standard cul-de-sac bulb in conformance with City of Carlsbad Standards. DRB RESO NO. 275 i- PAGE 9 ;i.t 11 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15. Developer shall enter into an agreement with the City, and secure with appropriate security as provided by law, to design and install a traffic signal and advance warning system at Grand Avenue and Harding Street. This agreement shall terminate five years from the date the hotel is opened for business. i 16. Developer shall comply with the City’s requirements of the National Pollutant Discharge Elimination System (NPDES) permit. Developer shall provide improvements constructed pursuant to best management practices as referenced in the “California Storm Water Best Management Practices Handbook” to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: A. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 17. Prior to building permit issuance, Developer shall have design, apply for and obtain approval of the City Engineer, for 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. The structural pavement design of the aisle ways shall be submitted together with required R-value soil test information and approved by the City Engineer as part of the building or grading plan review whichever occurs first. 18. The final site plan shall identify the location of any future Irrevocable Offer of Dedication (IOD) between the Owner and Caltrans and all public improvements within that IOD shall be relocated to the satisfaction of the City Engineer. WATER AND SEWER CONDITIONS: 1. The Developer shall be responsible for all fees, deposits and charges which will be collected before and/or at the time of issuance of the building permit. The San Diego County Water Authority capacity charge will be collected at issuance of application for any meter installation. 2. The developer shall provide potable, recycled and fire flow water demands in gallons per minute and estimated sewer flow in million gallons per day to the Deputy City Engineer - Utilities. DRB RESO NO. 275 PAGE 10 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. 4. 5. 6. 7. 8. 9. 10. 11. - All public potable and recycled water pipelines, fire hydrants and sewer pipelines shall be within public right-of-way or within easements granted to the Carlsbad Municipal Water District (CMWD) or the City of Carlsbad. The developer shall design all landscaping to be irrigated with recycled water per CMWD standards and City ordinances. The developer shall prepare a colored recycled water use map and submit this map to the Planning Department for processing and approval by the Deputy City Engineer - Utilities. The following note shall be placed on the final site plan: “This project is approved upon the expressed condition that building permits will not be issued for development of the subject property unless CMWD has adequate water and sewer capacity available at the time development is to occur, and that such water and sewer capacity ‘will continue to be available until time of occupancy.” All potable and recycled water meters shall be placed within public right-of-way. No dead-end fire hydrant runs longer than 150 feet will be allowed, a looped water system will be required and shall be designed to the satisfaction of the Deputy City Engineer. The developer shall be aware of existing water facilities within the project boundaries. The developer shall be responsible for coordinating any impacts to these facilities with the Deputy City Engineer - Utilities prior to beginning any work. A public fire flow system shall be required for this commercial development, and it shall be constructed as a looped pipeline system. Water, sewer and irrigation laterals shall be located in accordance with City and District Standards to the satisfaction of the Deputy City Engineer - Utilities. FIRE CONDITIONS: 1. All interior driveways must accommodate the following turning radii: Outside: 42 feet, Inside: 20 feet. STANDARD CODE REMINDERS: The project is subject to all applicable provisions of local ordinances, including but not limited to the following code requirements. Fees: 1. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #I special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees and not paid, this approval will not be consistent with the General Plan and shall become void. DRB RESO NO. 275 PAGE 11 .&jj 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. The Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. General: 3. 4. 5. 6. 7. This approval shall become null and void if building permits are not issued for this project within 18 months from the date of final project approval.. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. The project shall comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Building Code. Addresses, approved by the Building Official, shall be placed on all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast to their background color, as required by Carlsbad Municipal Code Section 18.04.320. Any signs proposed for this development shall at a minimum be designed in conformance with the sign criteria contained in the Village Redevelopment Master Plan and shall require review and approval of the Housing and Redevelopment Director prior to installation of such signs. Engineering: 8. Fire: 9. 10. 11. . . . . . . . . . . . . . . . Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. All buildings must be protected by automatic fire sprinkler systems. A 2-X inch gated interior standpipe outlet (fire hose connections) shall be provided at each stair landing on the second and third floors. All fire sprinkler and fire alarm systems shall be approved by the Fire Department prior to installation. DRB RESO NO. 275 PAGE 12 bp '1 . ..- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design Review Board of the City of Carlsbad, California, held on the 26th day of June, 2000 by the following vote to wit: AYES: NOES: /I _ ABSENT: _ ABSENT: ABSTAIN: ABSTAIN: ATTEST: ATTEST: BILL COMPAS, CHAIRPERSON DESIGN REVIEW BOARD DEBBIE FOUNTAIN DEBBIE FOUNTAIN HOUSING AND REDEVELOPMENT DIRECTOR HOUSING AND REDEVELOPMENT DIRECTOR DRB RESO NO. 275 PAGE 13 - ATTACHMENT “A”- Parcel I: The-Fast 143..05 feet of that portion of Tract 117 of Carlsbad Lands, in the City of . Carlsbad, County of San Diego, State of California, according to Map thereof No. 1661, filed m the OFficc of the County Recorder of San Diego County, May 1, 1915 bounded by a Line described as foIlows: Beginning at a point on the North line of said Tract 117 and distant thereon South 89” 57’ 00” East, 658.95 feet from’ the most No,rthwesterly comer of said Tract; thence continuing along said North Line South 89” 57’ 00” East, distance of 671,05 feet to a point; thence South 00” 03’ 00” West, a distance of 330.00 feet to point; . thence North 89” 57’ 00” West, a distance of 671.43 feet to a point; thence North 00” 05’ 00” East, a distance of 330.00 feet to the point of beginning. The Westerly line of said East 143.05 feet being pamlIe with the East line of the above described tract. Parcel 2: That portion of Tract 117 of CarIsbad Lands, in the City of G&bad, County of San Diego, State of CaLifomia, according to Map thereof No. 1661, filed in the Office of the ‘County Recorder of San Diego County, March 1, 1915, described as follows: ‘Comrixencing at the most Northeasterly comer of said Tract 117; thence North 89” 57’ West along the Northerly line of said Tract, 1211.82 feet to the True Point of Beginning; thence South 0” 03’ West 330.00 feet; thence South 34” 33’ East 105.80 .feet; thence North 55” 27’ East to a point in the he Northeasterly line of the land described in deed to Donald A. McLean, recorded July 19, 1952 in Book 4500, Page 83, of Official Records being a point in the Southwesterly Line of the California State Highway XI-SD-2-B; thence Northwesterly aIong the Northeast@ line of said McLean Land to said Northerly line of Tract 117; thence Westerly dong said Northerly line to the True Point of Beginning. EXCEPTING that portion Iying Easterly of the following described line: Commencing for reference at a point on the center line of Elm Avenue distant along said center line North 55” 58’ 03” East 617.13 feet from the intersection of said center line with the center line Harding Street - formerly Fifth Street; thence North 34” 01’ 57” West 40.00 feet; thence North 10” 10’ 18” West 3.72 feet to the True Point of Beginning; thence continuing North 10” 10’ 18” West 315.51 feet; thence North 16” 37’ 24” West 175.70 feet; thence North 17” 51’ 38” West 566.95 feet; thence North 22” 33’ 07” West 490.19 feet to a point on the centerline of Knowles Avenue, distant aIong said center Iine South 89” 06’ 33” East 202.07 feet from the intersection of last said centcr line with the Easterly line of Block 13 Sunny Slope Tract of Carlsbad, according to Map thereof No. 995, filed in the Office of the County Recorder of San Dicgo County, June 6, 1906. The bearing and distances used in the above exception are on the California Coordinate System Zone 6, multiply all distances used in the above description by 1.0000472 to obtain ground level distances. Parcel 3: That poti\sn of Lot 31 in Schell and Sites Addition to Carlsbad, the City of Car&d, in the County of San Diego, State of California, according to Map thcrcof - No. 2145, filed in the Office of the County Recorder of San Diego’ County, February 20, 1929, lying Northeasterly of the location and proIongation of a Line which is parallel with and 50 feet Northeasterly, measured dong the Southeasterly lot line, from the Southwesteriy tine of said Lot 31. MN: 203-130-15, 203-130-15, 203-130-20 and 203-130-34 a.-* + , .I ’ 4 I i , ,( 6 1c 11 .lI 12 14 1E 1e 17 18 19 2c 21 22 22 ,2Q 2E 2e 21 28 29 JO 31 32 - -, EXHIBIT 3 , ~ . . . ,, . . ‘. . . . ‘. , . . . . .._. . . ORDINANCE NO. 9313 . I AN ORDINANCE OF THE CITY COUNCIL OF. TRE CITY’OF CARLSBAO, ADOPTING A SPECIFIC PLAN F.OR' FREEWAY-ORIENTED COMMERCIAL FACILITIES, INCLUDING ONE (-I) MOTEL, ON PROPERTY LOCATED ON THE NORTHWEST QUAD; RANT OF INTERSTATE-~ AND ELM AVENUE,. . (W. Joseph.Parlsl) The. CftY Council of the City of Carlsbad,' I;sltfornii DOES ORDAIN that a SPecffic Plan for the hereinafter described real Property be adopted In the folqowfng particulars: ' SECTION 1. PROPERTY DESCRIPTION. That portlon' of.Lot 31 In SchelT and Sftes'hbditlon to Carlsbad fn the,Clty of Carlobad, County of San Diego, State of'calfiornfa, accordfng to Map thereof No. 1661,‘ ffled In the Office of the County Recorder of San Dl&o'County, February 20, 1929, more partfcularly described In appllcatfon on file In the Cfty Planning Office. - SECTION 2. -&NERAl. CONDIT!ONS. :,The Specfffc Plan, marked Exhibit "A", attached hereto, desfghated:.ftGeway-orfented commercfal'\ 'acflftfes, fncludtng one (1) motel, as prepared by Schoell, Gerftz, , . 'au1 and Allard, Inc., Architects, fs subject to the following condftlons and restrictions: ,' A. The'devetopmenr of the' property descrfbed in Sectfon 1 hereof shall' be subject to the restrfctlons and limfr tfons Sdt forth hcrein'whfch are Tn addition to all the requirements. ffmftatfons and restrictions of att muntcfpal orifnances and State and Federal Statutes now in Porcc, or whfch hereafter may be In force for the purpose of preservfng the residential character- 9 tstfcs of adjacent properties. a. ~11 public fmproiements shall be made in ConformftY wfth bhe Subdivlsfon Ordfnance and 'other City standards to the satfsfac- I tfon of the'cfty Engineer, without cost to the Cfty Of CarTsbad tnd free of all lfens and encumbrances. C. All land and/or ease'ments*requfred by thfs ordfnance 1 4. 'I '. * .. , a , . . . . ;. . . ..r .’ .,.’ ..- ,, :: ,.. .: .; ;., .. . .I -..,’ ,: .: : . . ;.:’ ‘, ‘_ : . ” . .*. . .: :. .._ . . . ,:.:- *:. ,.. . . _. ‘,. . . . . . . . . .:...I .*.y I _ : :. . . .‘. . . * ; . .,:_:. . ;.,s-. 1: . . __ .I .,_. _.. :” .:: .: . . . . : . . ;: **I :. ,.::: ‘... ,... ..‘. ::.’ ..’ : .‘I’. : . . : . . . . . :. :: a_:_ ‘I . . .,, .., .‘. rz - ,,‘-- .,. :; . :. :.’ .‘, .’ : .:’ ‘. :.. :‘. *‘. : ,. “’ ..: ‘.: ,‘. ali ,: . .: ‘L. .’ :; ;, :: ‘. :‘.: : : , ,_’ . . ;:. .. _‘, ., ‘..’ : ‘.,._ ” .;... . ,., . . : .‘.. : : : . ...‘,-. . . :; (, : _;; ., 1; ::: .. . ..: .‘, . ..‘. ..:: I’ ‘. ‘_ _.,, ,. . . ‘; ‘:::. ,, :.:“.. a’.‘. . . .,: .; ,: ,<‘_.. . . . :. : .;,. ‘: ;: ‘;’ . ..’ . . .) _:. :,. .’ . . : . . :. ‘. ..,(‘. ;:. .,. .‘? _.’ .; 0;. _’ .,, ‘m - ‘: #’ ‘a . * .* 3 2 ‘. 3 \ 4 a e 7 a g . 10 11 . 12 13 14 15 18 x7 18 * 19 20 zi 22 23 , 24 26 28 , 27 28 29 56 . .31 32' . . . I I. “. . : . ‘,I. . . . .* a,* .’ . . . . . . shall be,granted to the City of Carlsbad without cost to the City ' . and free of all 1 lens and encumbrances, SECTION 3, PRIVATE OEVELOPMENT CONDITIONS: The fol.loning . condltlons shall apply' with respect to any development after the 'effectfve date of this ordinance of the property described In Section 1 hereof: A. Exhjbft 'A' shall be adopted as the Specific Plan. Any deviation shall' be subject to the approval of the Planning Department B.. Maxlmum efiort shall be made ,to screen adj'acent res$denti. properties along the westerly boundary of the subject development, C. A &foot h!gh docorattve block wall shall be pl'aced on th westerly -boundary from Grand Avenue to Laguna Drive. I . I e .; . . I ’ :. ,. ..x:; . . D. A drivewtiy shall be placed between the nirth'erly "Sandy's" -- '.;. ._ ..,.I ,' Iestaurent parkl'ng lot and the adjoInIng motel parking lot. . . ' . . ,. . E..'A landscape and sprfnkler plan shall be submitted to the 1 hfs approval occupancy 'arks and Recreatioti'Djrector and shall Fe subject to . . . prior to lnstallatfon and prior t'o the 1s;uance of an permf t. F A program for matntenance of the landscap I . deoignatfng those individuals responsible for same, f h ng, and alsd all be sub- nftted wfth the landscape plan and subject to the approval of the Parks and Recreation Director. G. An, architectural concept, competlble.with the-design of Sandy's Restaurant and the subject to the approval of H. Applicant shal Subdivlslon Map Act. new the 1 fl 1 . .‘.‘. ‘. . . . _. * ’ : : . . . .: t , ., ; ., . . .: ,*‘.. .’ : ,.. ‘. ; 8 . . . . 1 .,. ‘.: Standard StatIon facility, shall be Planning Department. e a Parcel Map inaccordance with -. . I. Applicant shall Improve Laguna Drive nIth full street improvements to street centertine including a cul-de-sac and cxtensfon of the existing storm drat'n,, adjacent to Che.pro?ertY+ xx . . : xx * 'I . . . -2- . . . I c , .I .* :.: :.:. ‘. , .: . . .: .,, .., I’.. : .: ::. ;’ :.,.. ., ., . . . , . ‘:. . ;” &,.,, ,.1 g w’ t 7. , - r- , .‘, - I . . ‘a ” L * 4 . . ,’ I t I I 4 1r , 1: 3: 1: 14 II Ii , 15 II 1; 2c 21 22 23 ae 2u ae 21 28 29 30 .’ 3x 32 2, i ,... ;,. ‘., _. ,. ,.., , :. I ._. .‘. ‘. :.;. . . ,_, . . .:.:; . . ;I. * ., . . :-.‘:, ;:, :. . ‘, :;: , ., .: ;. I : ; * ‘* .e . . . : . ..a ._ ,.. .‘. * . J. Applicant shall Improve a cul-de-sac on Grand Avenue and enter Into a future tmprovement agreement for the replacement of the existing sewer line jn Grand Avenue. .. : .. K. All right-of-way,~equlred for street improvements adjacent to the property shall be dedicated to the Ct'ty free of a 1 1 .., . . . . . 11ens and encumbrances. L. A'water Iine,of a size approved by the.Cfty Engfneer shall be constructed from Grand Avenue to laguna Drive. F.lre hydrants and fire protection appurtenances shall be installed as requlred by the Fire Department. M. A gra'dfng and dralnage plan shall be approved by the . . :: ., ,’ .- ‘..‘(,.. :.:.. ,‘, ‘. ;,: : . . . . City Engjneer prior to any gradfng. Untfl such tfme as Grand Avenue Is Improved, drainage for this parcel shall be directed io Laguna .'. .'.:. , IrIve or. Elm Avenue unless dn alternnttve drainage plan Is approved )y the City Engineer. SECtIQN 4. Z~QUIRED PUBLIC IMPROVEMERTS BEFORE ISSUANCE .- . . )F BUILDING PERMIT. The following shall be granted to the City of -f.' ' Zarlsbad before. any bullding p,crmft wflt be issued for the develop- . . nent of the property described In Sectfan .l hereof: .: A. All street fmprovements including water, s.?wer, under- .I:. u Irbuncl poker and telephone, street-tree planrfng, street tight. . . ‘,,. storm drain and any other improvements deemed necessary by the. .., : Zttj, Engineer shall be installed In conformance with Cfty Standards :' .;' Ind indicated on an approved improvement'pla'n, or'bond posted in lieu 'l'.:' . .,.. If Improvements, prior to the issuance Af a building permit. B. All lands necessary for street wfdenfng shall be dedicate:. % .’ ’ . . . :o the City of Carlsbad prfor to approval of satd fmprovement*Plan. I :. : : 'I.., ,:. C. A grsdfng plan shall be submitted prior to the issuance : ..'."~'.---.l.i.'-:;-~.~ '. '. If u bulldIng permit; : 5 . .:.' . :. : :' '.. :.-: .t::, ; ., ' xx .: : ..,.. : _, s . xx . . x x , .: I ‘,__ .’ . . . .’ . . . .: ,::. _. . . . n. ‘.. -._._. *I. ,.,.I . - . . : : , m -3. * . :. : ' .:,.. .:,:;, -I . ‘-:. .’ ..,; .‘.. .,. 7-l .- >’ -I-- C. , . ’ . 1 2 3 4 0 6 7 . * 0 9 10 1% II2 13 14 1e i 1e 11 18 19 20 21 22 '. 23 I 24 25 26 2: ar 2s 3( 51 32 . . . -,* . . _*. 1 . .’ SECTION 5. ADMINISTRATION AND ENFORCEMENT, The Building Department shall not approve any buildfng for occupancy untfl the Planning Dlrect6r has certtfled that ill the conditions of thfs Ordinance have been satfsfied. ' SECTION 6. EFFECTIVE DATE. This Ordinance shall be effqctive 30 days after Its adoption. The City Clerk of the Cfty of Cat'lfbad shall, certify to the adoptfon'ot' this Ordinance anh cause it to be p;bl<shed once 4n the Carlsbad Journal within ffftean (15) day5 sfter'fts adoption. . . INTRODUCED AH0 FIRST READ at an adjourned regular ineeting o the Ctty Councff:df the Cfty of Carlsbad. Calffornia, held on the 7th day of June, 1972, and thereafter PASSED AND ADOPTED I at a regular meetfng of said City Council on the 20th dayiof June, 19.72, by the followlng'vote, to wft: 1 AYES: Cm. Dunnc, McComas', Lewis. Chase and Frszee, NOES: tibia. : ABSENT: None. ' ATTEST: WALf/ , . I . . . h . .,_, ..+ ,, ,.. . . ,, .: .: .: ‘,. . :..., . ..;. .’ ; . . . . . . . : _, .: :: : .:. .‘., .I’ ..;.. . . : .’ :: ..: y, . ‘. ’ , .:‘,’ . . .,,.,, ‘... ‘.’ ,. : .’ ’ . : ‘.‘,.‘.:;:,‘: . . :..I..,: :‘, 75 EXHIBIT 4 MEMORANDUM RECEIVED April 24, 2000 TO: REDEVELOPMENT DIRECTOR FROM: PLANNING DIRECTOR RE: RP 99-11 - STAYBRIDGE SUITES APR 26aa CIIYUF.CAHLSBAD HOUS\NG&REDEVELCIPMENT DEPARTMENT The purpose of this memo is to inform you that the Planning Director has reviewed the design of proposed Staybridge hotel project. The project fails within both the Residential-Professional zone and Land Use District No. 3 of the Village Redevelopment Master Plan. The project meets the development standards of the Residential-Professional zone and is in substantial conformance with Specific Plan No. 30 with the exception of the proposed building height. The required building height of 35 feet is to be exceeded by 5 feet, 4 inches to a total building height of 40 feet, 4 inches. The Planning Director has no objection to the design of the project or the requested variance to the height limit. Other buildings in the immediate vicinity -are built to 40 feet. The proposed roof pitch of 5:12 is greater than standard thus increasing the need for the requested building height. The increased roof pitch also enhances the design of the building and conforms to the Redevelopment Master Plan minimum roof pitch requirement. The building, being next to Interstate 5, will act as a buffer to the adjacent residential to the west. If you have any questions regarding the above, please give me a call. MJH:VL:cs c: Gary Wayne Lori Rosenstein Van Lynch file EXHl5iT 5 SlTE STAYBRIDGE SUITES RP 99-l 1 . . . . . : I . : PROJECT NAME: Staybridge Suites Hotel - Caflsbad APPLICANT NAME: Carlsbad Village Suites, LLC c/o Shapery Enterprises Please describe fully the proposed project. 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 necessarv. Staybridge Suites is a new extended stay hotel by Holiday Inn. Holiday Inn Hotel Corporation will manage the project once con- struction is completed. The projec,t consists of 106 hotel suites, each containing a full kitchen facility. There will be 53 studio units:and 35 one-bedroom suites and 18 two-bedroom suites. The project will include a swimming pool. The hotel suites will be contained in one 3-story building with the required 127 parking spaces including five (5) handicapped parking stalls. The zoning and particular use for the .si.te was approved by Carlsbad City Ordinance #'s 9313 and 93S4. - . . ‘; DISCLOSURESTATEMENT Applicant’s statement or disclosure ol certain ownership intcrcsts on nil oppkntians which will rcquirc discrctionnry action on the part of the City Council of ony nppointcd Board. Commission or Committca. The following information must bc disclosed: 1. APPLICANT List the names and addrcsscs of all persons having a financial interest in the application. . Sandor W. Shapery Carlsbad Villaqe Suites, LLC :423 West I'D" Street 423 West "B" Street San Diejo, CA 92101 San Diego, CA 92101 2, OWNER List the names and addrcsscs of all persons having any ownership, interest in the . prop’erty irrvolved. Sandor W. Shapery __ 423 West."B" Street - -Sari Dieqo, CA 92101 3. II any person identified pursuant to (11 or (2) above is a corporation or partnership, list the n’amcs and addrcsscs of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. Sandor W. Shapery _ 423 'West r,13n Street San D.i.‘ecjo, CA 921 01 4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving ‘as officer or director of the non-profit organization or as trustee or beneficiary of the trust. 2075 Lns Palmas Dr. - Carlsbncl. CA 92009-15-/G’- (619) 13C-llG1 - FAX (619) 13&0091 ‘.. . . . . :, :;... a. .:..-- L;‘ . , 5, ljavc you had rnf’- &an $250 worth of business trans: d with any mcmbcr of i City staff, Boards, ,omniissions, , : -.. ,. Committees and/or Council within the past twclvc (12) months? cl Yes cl x No If yes, pkasc indicate pcrson(s1: . . . Person is dcfincd OS ‘Any individuol;firm, co-par&ship, joint vcnturc, association, social club, fratcrnnl organiration, corporntion, cstatc, trust, roccivcr, syndicntc, this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit.’ NOTE: ‘Attach additional sheets if necessary. July /,y r 1999. . _ Sandor W. Shapery Print or type name of owner Signature of applicant/dare f July /f( ; 1999 Sardor W. Shapery Print or type name of applicant . Disclosure Statcmcm 1 O/g6 * . . EXHIBIT 7 VILLAGE MASTER PLAN DESIGN GUIDELINES CHECKLIST Provide variety of setbacks along any single commercial The project fronts on the terminus of both Grand block front. Avenue and Laguna Drive. The building setbacks frontages. Maintain retail continuity along pedestrian-oriented osed project will not conflict with retail set-me use IS tnc ilding is situated along the courtyards accessible from major Emphasize an abundance of landscaping planted to create an informal character not lend itself to Landscaped areas along all sides of the building, access to parking areas from alleys wherever Locate parking at the rear of lots. parking spaces or circulation to landscaping. aisles, or trash enclosures have been landscaped. Avoid curb cuts along major pedestrian areas. There will be one curb cut of minimal width along icant portions of their The building is situated at ground level. Place parking for commercial or larger residential The project location warrants the use of surface projects below grade wherever feasible. parking. Below grade parking would only increase Provide for variety and diversity. Each building should express its uniqueness of structure, location or tenant The proposed design of the building provides for articulation in the building, varying roof forms, and ral features which provide for a Step taller buildings back at upper levels. At its peak, the proposed project is 40’~5” in height. The project also includes several varying roof heights and roof pitches that range from 312 to 12:12. These design elements serve to break the overall mass of the structure. block faces. height of Las Villas de Carlsbad Retirement Facility located immediately north of the subject design solutions are strongly discouraged. 2 m- - Emphasize the use of gable roofs with slopes of 7 in 12 or greater. Encourage the use of dormers in gable roofs. Gabled-type roofs and roof features with the desired pitch have been provided within the project. Dormers have been incorporated into the project design. Emphasize wood and composition shingle roofs, with the exception that in the Land Use District 5 clay tile roofs are acceptable. Avoid Flat Roofs The project provides an asphalt shingle roof which is consistent with the architectural design intended for the project as well as other projects in the area. The building does not incorporate flat roofs. Screen mechanical equipment from public view. I This will be a requirement of the project. Avoid mansard roof forms. I A mansard roof is not designed into project. Emphasize an informal architectural character. Building facades should be visually friendly. By providing for attractive facades and landscaping, the project is very visually appealing. Visual interest is added to the building through architectural features. Design visual interest into all sides of buildings. The design of the building incorporates design elements into all building facades, thereby creating visual interest in the building. The project makes good use of divided-pane windows, a columned entry feature, applied surface ornamentation, varying roof peaks, and landscaping. Utilize small individual windows except on commercial storefronts. Provide facade projections and recesses. The proposed project provides for divided paned 1 windows through out the building to achieve the Village character. The building design provides for recesses and projections which will create shadows and contrast. Give special attention to upper levels of commercial structures. The upper levels of this commercial building provide for attractive window features, applied ornamentation, and a different building material than the lower levels which reflects special attention in design. Provide special treatment to entries for upper level uses. The upper levels of this building will be accessed through internal stairways. Therefore, no special treatment of upper level use entries is necessary. . ‘ Utilize applied surface ornamentation and other detail elements for visual interest and scale. Detail elements have been incorporated into the entire project by design. The windows and entrance design all provide for detail which adds visual interest. Applied surface ornamentation and varying wall materials also enhance the overall ws are proposed for additional architectural Utilize light and neutral base colors. ject utilizes a light and neutral color Limit the materials and color palette on any single The project incorporates less than 3 colors. 4void large blank walls. eature IS not a The project has been design not to have large blank walls. Encourage large window openings for restaurants. Not applicable; no restaurant proposed within the project. Encourage the use of fabric awnings over storefront No fabric awnings to be used; not a retail or Nindows and entries. storefront operation. Zmphasize display windows with special lighting. No display lighting. Not applicable to project. Encourage the use of dutch doors. Dutch doors are not proposed. Provide frequent entries. Limit the extent of entry openings. Avoid exterior pull down shutters and sliding or fixed security grilles over windows along street frontages. ntry openings has been limited The project does not include pull down shutters, sliding or fixed security grilles over windows along . SBRJ-AlOl.lrp r I , - \\ EXHIBIT 8 1 “‘H 18 t 004 Rt 44 . - q @IS 3 e Iq w r[ ‘y;-I-, -_ iii z- 2: ;I! ;r* 1:: :g .: ;.< ‘i’ :,, T;, jii :g; r I 7n : mtla VNflDVl q _ E i:N PO TN 00 z “sz m 5p m “= N - 5 ‘v-n _. *“~““-*Y-I-*v-*“-*“- , ?w \\ I i’ ” !- r :- :./y 9:~~~~~~~~~~~~~~~~~~.. __ )---A-. em.- .._ -.^;..-. ‘.. I ,.._ _-...-_.. .-;. 1.. B! <&.yg.:-~.:--~<g-,. ‘11 r--T:‘- __,---- .- : t. r ._‘__ ~IiT;i-_y I I ILLUMINATED ‘WALL MGUN-I LETTERS 6 LOGO / ‘ff ITH SINGLE FACE BAS SiGH , , I I, ix:. ,‘,,,L,, /‘I ,. ,I( .-. ,, ,I!, ..:I’,. .I,<, I:, h, ,i,,<!,‘. ,,!iht,!L;iil,:.,III .‘,llii, !,ll& ,lXi, :; l,,,, ,‘,,.%‘,i,i ,:.u . ,‘,,ll1 .r-.::, I, II IId/ ;,.,..ci,i ‘I,, h, wI’,.tl’ iId, .L\-.I ‘4lC,i~ : Id iVl.,,1.l~?!?,il!l ,GKh ,P.L! t, /I L,‘!.w,Alttr ,‘.,I!1 t*l?ll! tit -.I, ((ii .,,,A, ta:1 .“A ,>:*.r I.li(I‘ tliii.::..i,i ,,di :,,i,,:,,t.;t :.4’ 5 ;i,.‘* ,,.j 11, ;,‘.I,: ; .,~,,i!~MI:, I ~l.ll,,‘i’!m 58 Sq. Ft. I _.... ,‘-L’.. . . . _.. .:.. .._ ~:z.s..L.l.z;-Is. ._-. . -: ._ .._._._ L ____ .._. :.l;.L:~2:LL.2i _ -. . : .r..-A.<. .“‘. .._.... ._. ..-L.‘^.__ .-‘L-., EXTERNALLY ILLUMINATED SIGN Fixtures to be designed to compliment 24 Sq. Ft. the appearance of the sign. Exhibit 4 CGDraft9S Design Review Board Minutes, dated June 26,200O DESIGN REVIEW BOARD Minutes of: Time of Meeting: Date of Meeting: Place of Meeting: June 26,200O DESIGN REVIEW BOARD 6:00 P.M. June 26,200O CITY COUNCIL CHAMBERS Page 1 DRAFT ‘ CALL TO ORDER: Chairperson Compas called the Regular Meeting to order at 6:OOpm PLEDGE OF ALLEGIANCE: Board Member Lawson led the Pledge of Allegiance ROLL CALL: Present: Chairperson Compas, Board Members Heineman, Marois, Lawson Absent: Board Member Marquez Staff Present: Deborah K. Fountain, Housing and Redevelopment Director Jane Mobaldi, Assistant City Attorney Lori Rosenstein, Management Analyst Van Lynch, Associate Planner Frank Jimino, Associate Planner APPROVAL OF MINUTES: January 24,200O ACTION: Motion by Board Member Marois, and duly seconded, to approve the minutes of the meeting of January 24, 2000 as presented. VOTE: AYES: NOES: ABSTAIN: 4-o-o Compas, Heineman, Marois, Lawson None None Chairperson Compas reviewed the procedures that would be followed for this public hearing. COMMENTS FROM THE AUDIENCE ON ITEMS NOT LISTED ON THE AGENDA: There were no comments from the audience. Board Member Marquez arrived at 6:04 p.m. and taking her place on the da/s. DESIGN REVIEW BOAIW June 26,200O Iii AFT Page 2 PUBLIC HEARINGS: 1. RP 99-11 - “STAYBRIDGE SUITES” - Request for a Major Redevelopment Permit, including variances to exceed the maximum building height and exceed the maximum building setbacks, to allow the construction of a 3-story, 108room hotel on property located immediately west of Interstate 5 between the terminus of Grand Avenue and the terminus of Laguna Drive in Land Use District 3 of the Carlsbad Village Redevelopment Area. Management Analyst, Lori Rosenstein made the following presentation: The applicant, Shapery Enterprises, has requested a major redevelopment permit to allow the construction of a 106-suite “extended stay” hotel on property located immediately west of Interstate 5 between the terminus of Grand Avenue and the terminus of Laguna Drive. Referring to an overhead slide, Ms. Rosenstein stated that, the subject property is bordered by Interstate 5 freeway to the east; a Chevron gas station, Denny’s Restaurant, and Motel 6 to the south; single family residential units to the west; and Las Villas de Carlsbad Retirement Community to the north. The subject property consists of four separate parcels all currently owned by the applicant. The total lot area is 2.41 acres of which, I .I I acres are located within the Village Redevelopment Area with the remaining 1.3 acres located outside the redevelopment area boundaries. Four single-family residences and two accessory structures currently occupy the site. The remainder of the property is being used to cultivate tomatoes. The proposed project consists of the construction of a 72,435 square foot, three-story hotel with on-site amenities that include a swimming pool, buffet area, conference rooms, a business center, library, and guest laundry. Other on-site improvements include 127 parking spaces, circulation drive isle, trash enclosure, exterior lights, six-foot tall masonry perimeter wall along the west property line, six-foot tall wrought iron fence with emergency access only gate along Laguna Drive and street improvements in the form of curb, gutter and sidewalk along Grand Avenue and Laguna Drive. The various guest suites include a 380 square foot studio, 518 square foot one- bedroom suite, and an 828 square foot two-bedroom suite. STUDIO 1 BEDROOM 2 BEDROOMS TOTAL 1st Floor 15 10 4 29 2nd Floor 19 13 6 38 3rd Floor 20 13 6 39 Total 54 36 16 106 Ms. Rosenstein stated that the proposed project is consistent with the goals and objectives for the Village, as outlined within the General Plan, because it provides for a touristltraveler serving use normally associated with urban freeway interchanges and it is located within an appropriate location within the Village. The use in turn provides an additional customer base for local restaurants, specialty shops, and nearby convenience services. Additionally, the project provides new economic development by replacing the existing underutilized uses on the subject property with the use originally intended for the site and approval in 1972. The General Plan objective is to implement the Redevelopment Plan through the comprehensive Village Master Plan and Design Manual. A Specific Plan Ordinance No 9313 was approved on June 20, 1972 for the subject property. The Specific Plan allows for the construction of a lO&room motel and was originally tied to the freeway-oriented development of the nearby restaurant (currently Denny’s) and the gas station (currently Chevron). The discretionary review process typically involves a determination by the Design Review Board and Housing and Redevelopment Commission that the proposed land use and project design are consistent with the land use standards, development standards and design guidelines set forth in the Village Master Plan and Design Manual. As set for in the Master Plan both hotel and motels are subject to the same design criteria and development - DESIGN REVIEW BOARD June 26,200O GRAFT Page 3 standards. In addition, as set forth in the Village Master Plan, both motels and hotels are allowed as provisional uses within Land use District 3. However, for the subject project, the existing Specific Plan for the site (Ordinance No. 9313) already established the approved land use. Namely, the site is already approved for a 106-room motel. Additionally, under the Carlsbad Village Redevelopment Master Plan and Design Manual hotels and motels are subject to the same design criteria and development standards within the Redevelopment Area. Therefore, it is not necessary for the Design Review Board and Housing and Redevelopment Commission to make any provisional findings to permit a hotel in this location. The existing Specific Plan that was approved in 1972 does not include approval of the project design, therefore, it is necessary for the Design Review Board and Housing and Redevelopment Commission to find that the project is consistent with the development standards and design guidelines set forth in the Village Master Plan and Design Manual. Continuing Ms. Rosenstein stated that the staff report provides greater detail showing the project’s consistency with the development standards set forth in the Village Master Plan for Land Use District 3. The project is consistent will all development standards with variance findings to grant the following: . A variance to permit front, rear, and side yard setbacks that exceed the maximum standard and . A variance to exceed the established building height. In Land Use District 3, the front setback is 5-20 feet, the side setback is 5 feet, and the rear setback is 5-10 feet. The project has been designed with the front setback off Grand Avenue and the rear yard setback off Laguna Drive. Grand Avenue provides vehicular ingress and egress to and from the project. An “emergency access only” driveway is also provided off Laguna Drive. A 5-foot wide landscape strip is located along the southern property line adjacent to the Denny’s Restaurant parking lot and along the eastern property line adjacent to the freeway right-of-way. These landscape areas are consistent with the 5-foot side yard setback required for the district. A IO-foot wide landscape strip has been provided along the western property line creating an additional landscape buffer between the project and the single family residential uses on the west side of the subject property. The west side of the subject property is located outside the redevelopment area boundaries and the lo-foot wide landscape strip along this side of the property is consistent with the 1 O-foot side yard setback established for the area. The proposed building is located in the center of the subject property with parking around the perimeter with a one-way drive aisle. This project design provides significant setbacks from all property lines. More specifically, the building is setback 63-feet - 5-inches from Grand Avenue, 31-feet from Laguna Drive, 43-feet - 11 inches from the freeway right-of-way, and 35-feet from the western property line. As set forth in the Village Redevelopment Master Plan and Design Manual, the top of the range is considered to be the desired setback standard. For approval of a setback standard that is above the maximum a variance must be approved by the Housing and Redevelopment Commission. Staff supports the granting of the variance because the project is in a location that transitions to residential uses and the increased setbacks protect the livability of the existing residential development in the area. In addition, since the terminus of two streets and a freeway borders the subject property, consistency with the front yard setbacks of adjacent properties is not a critical design issue for the area. Based on the variance findings contained within DRB Resolution No. 275, it is staffs position that the proposed project warrants the granting of a variance to allow building setbacks that exceed the established range on the front, rear, and sides of the property. Ms. Rosenstein informed the Board Members that the height limit for Land Use District 3 is 35 feet with a minimum 5:12 roof pitch. The proposed project has a maximum roof height of 40-feet 5-inches with pitched roof features (5:12) at the front, rear, and sides of the building. According DESIGN REVIEW BOARD June 26,200O GRAFT Page 4 to the applicant, a variance to grant the additional building height is necessary to accommodate the 106~rooms approved for the site and the minimum 5:12 roof pitch now required by the Village Redevelopment and Master Plan Design Guidelines. Staff supports the granting of the height variance for the following reasons: 1. The increased height is visually compatible with the Las Villas de Carlsbad Retirement Community located immediately north of the subject. The retirement facility is three-stories, 40-feet high and encompasses three acres. The proposed project would result in visual continuity along the west side of Interstate 5. 2. The increased height will not unduly impact nearby residential uses because the proposed project provides a buffer between Interstate 5 and the residential uses located west of the subject property. 3. The taller project will not adversely impact views in the area because the project would serve as a visual buffer between Interstate 5 and the properties to the west. 4. The project will maintain a scale and character compatible with the Village design guidelines and 5. The project provides for exceptional design quality through the use of various building materials (i.e. stone, wood, and stucco), varying roof heights, and the use of architectural treatments such as gable roofs, a columned entry feature and divided-pane windows. Based on these reasons, it is staffs position that the proposed project warrants the granting of a variance to allow an increase in building height from 35 feet to 40-feet - 5 inches. It is staffs position, that the proposed project is consistent with the design principles contained in the Village Redevelopment Master and Design Manual. The project design provides for an overall informal character while expressing the unique nature of the use and site location. The architectural design provides for variety and diversity through the incorporation of the following elements: varying gable roof heights; a variety of roof pitches that range from a minimum of 5:12 to a maximum of 12:12; building articulation on all elevations; and varied building setbacks on all sides. The project incorporates an abundance of informal landscaping along the perimeter of the property, throughout the parking lot to breakup surface parking, and within the recreational area located in the center of the project. The building provides for a variety of architectural features and details, which in addition to those previously described include divided-pane windows, a columned entry feature, applied surface ornamentation, and decorative treatment above ground floor windows. Referring to the elevation renderings and materials board on display, Ms. Rosenstein advised the Board Members, of the proposed color scheme for the project. Finally, as conditioned, project signage will be designed in conformance with the sign guidelines set forth for the Village. A summary of the design features related to the project is provided as an exhibit to this report. Regarding the environmental review, Ms. Rosenstein reported that the Planning Department conducted an environmental review of the above-described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. Mitigation measures were prepared with regard to noise and aesthetics (light and glare) and agreed to by the applicant before the proposed negative declaration and initial study were released for public review. The mitigation measures are as follows: 1. The Developer shall submit and obtain Planning Director approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. DESIGN REVIEW BOARD June 26,200O - DRAFT Page 5 2. To mitigate potential noise impacts, a detailed indoor noise analysis is required to determine the building upgrades for the hotel units adjacent to Interstate 5 prior to building permit issuance. The mitigation measures will mitigate the effects to a point where clearly no significant effect on the environment will occur. Additionally, there is no substantial evidence in light of the whole record before the City that the project, with the incorporation of the mitigation measures, will have significant effect on the environment. Adoption of Design Review Board Resolution No 274 will recommend approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for this project to the Housing and Redevelopment Commission. The proposed project is anticipated to have a significant positive financial impact on the City and the Redevelopment Agency. First, the redevelopment of under-utilized properties will result in increased property taxes. This increase in property tax will result in increased tax increment to the Redevelopment Agency. Second, the project will generate significant transient occupancy taxes, which will benefit the City as a whole. Third, it is hoped that the project will serve as a catalyst for other improvements in the area, either new development or rehabilitation of existing buildings. Finally, the project will result in the construction of a new development and elimination of a blighting influence within the area. Staff has received several inquires on this project. In response to the inquires or letters several copies of the staff report have been sent out to concerned residents; staff has spoken to numerous near by residents, representatives from Las Villas de Carlsbad Retirement Community and home owner associations, answering their questions relating to the proposed projects. Many of the concerns expressed have been regarding access to the property from Laguna Drive. There is a condition in the Design Board Resolution No. 275, which requires the construction of a six-foot high wrought iron fence with an emergency access only gate that will open only through the use of a knox-box by the Fire Department in the evident of an emergency. Ms. Rosenstein read into the record several the letters, which were received after the preparation of the staff report, from concerned citizens. Noting that the location of the trash bins were of concern to the existing residents, she indicted that the trash bins would be located in the northeast corner of the property. In conclusion, Ms. Rosenstein declared that staff recommends that the Design Review Board adopt Design Review Board Resolutions No. 274 and 275 recommending approval of RP 99-11 to the Housing and Redevelopment Commission based on the findings and subject to the conditions contained therein. Chairperson Compas asked if there were questions of staff. Board Member Marquez asked for clarification regarding the calculation of the setbacks for the variances. Ms. Rosenstein replied that the variance requirement is for the building; the measurement is from property line to face of building. Board Member Lawson referring to the previously approved Specific Plan asked if the proposed project was consistent with the intention of the original Specific Plan. Originally all three properties had one owner replied Ms. Rosenstein. She explained that the intent was to provide a common driveway off of Elm, which is now Carlsbad Village Drive, where access to the property would come via a common driveway, pass the gas station, pass Denny’s and onto subject property. Over time the property changed hands, the current property owner has no control over his adjacent neighbor granting him access to his property across the adjoining properties. Even though it is consistent with the Specific Plan, it is a private property DESIGN REVIEW BOARD June 26,200O b> AFT Page 6 right issue. In 1998, when staff was approached regarding the feasibility of having a hotel on this site, there was extensive research conducted by the Planning Department, Engineering Department, and City Attorney’s Office to determine how to go forward with something that was approved in 1972. As a result of this research the determination was made on a level of consistency that Grand Avenue would provide access to the property, the applicant would be required to install public improvements on both street frontages adjacent to the property and therefore satisfy the condition that is contained in the Specific Plan. The only difference in this plan is, there is no wmmon driveway across the adjacent properties. The 106-motel was not designed in 1972. There was no redevelopment area or master plan for the redevelopment area or design guidelines in 1972. Under the current Master Plan there is not difference in terms of design criteria and development standards of a hotel versus a motel. With the conditions imposed on this project, it will also satisfy the conditions of the Specific Plan, with the only differences being this is a hotel versus a motel and there is no common driveway. Board Member Lawson asked due to the fact that there will be no access from Carlsbad Village Drive, will directional signage be installed. Ms. Rosenstein responded that staff did not take directional signage into consideration. Any off site signage is prohibited in the Redevelopment Area as well as throughout the City of Carlsbad. Directional signage that is not on the subject property is illegal. To create directional signage within the current sign ordinance is nearly impossible to do. The applicant did not voice a concern regarding directional signage. The site is highly visible from the freeway. Board Member Lawson asked the applicant to make sure that within their literature, directions including access information be clearly stated. Referring to the intersection at Grand and Harding Board Member Lawson asked if a traffic signal would be installed. Ms. Rosenstein responded not at the present time. Although there is a condition in Design Review Resolution No. 275 (#15), that states, “Developer shall enter in into an agreement with the City, and secure with appropriate security as provided by law, to design and install a traffic signal and advance warning system at Grand Avenue and Harding. This agreement shall terminate five years from the date the hotel is opened for business.” Board Member Lawson declared that the fencing and screening of the project along the western property line did not appear to be adequate. Ms. Rosenstein advised the Board that the developer has proposed extensive screening, working in conjunction with staffs concerns, but there is a waterline easement that runs along the property line. Engineers from the water district have requested that all trees be removed from the area because of the existing waterline easement. To prevent a waterline break only trees without deep roots can be planted in this area. Board Member Lawson requested that if the project proceeds to the construction document phase, further investigation be conducted in order to ascertain what type of vegetation can be installed in this area that would not damage the waterline easement, but would provide adequate screening. Ms. Rosentein replied that staff would work with the water district on this issue. Chairperson Compas asked if the applicant had reviewed the Errata Sheet adding Condition No. 19 and if the applicant agreed with it. Reading the Errata sheet into the record, Ms. Rosentein stated that the applicant did have a copy of the Errata sheet and could better address the chairperson’s question. - DESIGN REVIEW BOARD June 26,200O AFT Page 7 Chairperson Compas asked if the Specific Plan that was approved in 1972 had an infinite time limit attached to it. Ms. Rosenstein replied yes. Chairperson Compas requested clarification regarding the responsibilities of the various City Departments as they relate to this project. Ms. Rosenstein advised the Board that half of the project that is located on the west half of the subject property is located outside of the redevelopment area. Under the Specific Plan, which was adopted before the redevelopment area and the Master Plan existed, it states that the design of the 106-room motel would be subject to the approval of the Planning Director. In 1998 it was determined that the project would require a major redevelopment permit for that portion within the redevelopment area; the Redevelopment agency would take the lead on the project and the underline zoning that is in place for the portions of the project that are outside of the redevelopment area. Chairperson Compas asked who would approve the landscaping on the proposed project. Ms. Rosenstein responded that it would be a joint effort of the Housing and Redevelopment Department and Planning Department. Chairperson Compas asked if Interstate 5 was a view corridor. Ms. Rosenstein replied no. Chairperson Compas asked which entity would be approving the lighting for the proposed project. Ms. Rosenstein replied the Planning Department. Chairperson Compas wanted assurance that the lighting would be diverted away from the existing residences. Ms. Rosenstein advised the Board that all lighting approved for the project would be directed downward and shielded from adjacent residential uses. Chairperson Compas asked if the sidewalks on the Grand Avenue cul-de-sac would be replaced. Ms. Rosenstein replied that curbs, gutters and sidewalks would be installed on both frontages. Chairperson Compas asked who would monitor the screening of the mechanical equipment. Ms. Rosenstein replied she would. Chairperson Compas requested clarification regarding the location of the signage facing the highway. Explaining the positioning of the signage, Ms. Rosenstein reported that it would be located on the east facing elevation, directly under the roof eaves of the structure. Chairperson Compas asked if the proposed project would have balconies. Ms. Rosenstein replied no. Chairperson Compas asked if noise from the pool area was a concern. DESIGN REVIEW BOARD June 26,200O -. AFT page 8 Ms. Rosenstein stated noise from the pool area was not addressed in the environmental review. She indicated that noise from the pool area should not be a problem because the pool is located a great distance from the western property line, and a portion of the structure will create a barrier. Chairperson Compas asked if restrictions needed to be placed on deliveries and trash pickup. Noting that trash pickup would be consistent with the normal trash pickup times and days in the area, Ms. Rosenstein indicated that restrictions of that nature are difficult to condition and enforce. Board Member Marois, noting that things have changed since 1972, requested an amended report that would address items as they pertain to the situation now. Ms. Rosenstein replied if the board so directed an amended report would be developed, and noted that the conditions for the proposed project took the original conditions from the Specific Plan and incorporated the conditions into today’s standards referencing the original conditions. She clarified several issues to Board Member Marios satisfaction. Board Member Marois voiced concern because the original project and ordinance was approved for a IO&room motel. Because this project has more than 106-habitual rooms with bathrooms and a conference room, she expressed concerned regarding the adequacy of the parking. Addressing the parking issues, Ms. Rosenstein stated that there exist a citywide standard for hotel and motel parking, e.g. 1.2 parking spaces per unit. Other similar type of business extended stay facilities with suite designs have been approved based on the parking requirements and no parking problems have been witnessed, e.g. Marriott Courtyard, Marriott Residence Inn and Inns of America. Board Member Lawson asked if an extended stay hotel/motel experienced less traffic. Ms. Rosenstein replied that a hotel/motel generates more traffic than an extended stay facility. Board Member Marois interjected that her wncern was with the parking spaces not the ADT’s. Ms Rosenstein stated that studies have shown that 50% of the parking spaces in an extended stay facility remain vacant at any given time. Referring to the column on the west-side entryway, directly adjacent to the handicap parking space, Board Member Marquez stated that the ramping for the handicap parking space appeared to be too close to the column. Stating that ADA requirements would be complied with, Ms. Rosenstein responded that the applicant could best address this issue. Board Member Marquez asked if the sidewalk terminated at the Grand Avenue Building. Ms. Rosenstein replied yes. Board Member Marquez asked if there was a plan to extend the sidewalks back to the proposed facility. Noting that this stretch of sidewalk is not currently on the public improvement priority list, Ms. Rosenstein responded no. Board Member Marquez asked if the developer could be conditioned to provide the public improvements, e.g. curbs, gutters, sidewalks. DESIGN REVIEW BOARD June 26,200O AFT Page9 Ms. Rosenstein stated that in terms of standard requirements, improvements are only required along property frontage. Frank Jimino, Project Engineer, stated that the only requirement of the project is to improve the frontage of the property. The normal process of development stipulates that when a frontage property owner applies for a permit that meets the municipal code requirement, improvements will have to be built. Board Member Marquez asked if the homes in the area were considered nonconforming uses. Ms. Rosenstein replied yes. Chairperson Compas asked if a traffic signal would be needed at Grand and Harding within 5 years. Mr. Jimino divulged that the applicant submitted a traffic study, which showed that even with ultimate build out of the city it is not foreseen that a traffic signal would be warranted at Grand and Harding. Chairperson Compas asked the applicant to make a statement. Sandor Shapery, 423 West B Street, San Diego, CA, has been working on this project for 2 % years. Addressing the parking requirements, he stated that the 1.2 parking spaces to 1 unit ratio is in excess of many surrounding communities. Studies have revealed that typical hotels generate .5 to .7 trips per day per hotel room, while the extended stay facilities generate .3 to .4 trips per day. With the extended stay facility the use of the parking spaces are greatly reduced. Mr. Shapely summarized that the proposed project would have 40 to 50 parking spaces available at any given time. Stating that it appeared that the occupants of the hotel would be business travelers, Board Member Marois asked how many people would typically occupy the 2-bedroom suites and if the applicant marketed to the vacation travelers. Addressing the issue of the normal extended stay business traveler, Mr. Shapery informed the Board that the two-bedroom suite would be generally rented by multiple people working for the same firm on the same project, who would be picked up and brought back at the same time. The number of parking spaces required is substantially lower for an extended stay hotel product by virtue of the fact that the occupants are on a business assignment and the company provides taxi service. Although, the two-bedroom suite might appeal to the family enjoying leisure travel, this scenario would use one parking space. Board Member Marois asked the average length of stay in an extended stay facility and the price range of the rooms. Mr. Shapery replied that the average length of stay nationwide at an extended stay business facility is from IO to 14 days and the pricing is designed to attract the extended stay traveler, i.e. $79 nightly or $350 for a month. Due to higher operation costs, the extended stay hotel operators steer away from the individual traveler staying one or two nights. Board Member Heineman wanted clarification on the amenities in the rooms and the room rates. Mr. Shapery informed the Board that each room had a full kitchen with stove, a dishwasher and refrigerator with an icemaker, with an average daily rate of $70, e.g. $60 for the studio, $80 for the one bedroom, $lOO+ for the two bedroom. He anticipates that the rates will be 10 to 12 percent below the market rate that Residence Inn charges. An additional amenity offered to each DESIGN REVIEW BOARD June 26,200O AFT Page 10 hotel guest is the acquiring of groceries via a grocery list and placement of said groceries in the hotel room. Board Member Marquez asked if shuttle buses or large tour buses would be accessing the property. Mr. Shapery replied no, the facility is designed for the extended stay business traveler, not the leisure traveler. Referring to the tax increments that will be generated, Board Member Marquez asked the total cost of the proposed project. Mr. Shapery stated that the construction cost is approximately $7Million, which includes the furniture and fixtures, but does not include the cost of the land. Board Member Heineman wanted clarification regarding directing hotel guest to the proper ingress and egress. Mr. Shapery responded that by virtue of the building being three-stories it is prominent. In addition, the majority of the patrons will have booked ahead of time, and therefore will have received literature with complete directions. Referring to the trash area and the gated area on Laguna, Board Member Lawson asked if alternative-paving material, that would satisfy the code requirements but offer a non-driveway look, could be installed. Mr. Shapery indicated that he would be willing to look at alternatives, but cautioned the Board that it would have to meet Fire Department requirements. Board Member Lawson, referring to photographs of a hotel property, asked if the proposed property would look the same. Mr. Shapery responded yes, except for the height of the roof. The height of the roof on the proposed property will be lower. Noting that the photographs of the hotel property showed a very impressive building, Board Member Lawson wanted assurances that the proposed property would look the same as the photographs. Mr. Shapery indicated that Staybridge had a very strict policy and assured the board the property would be built as presented. Chairperson Compas asked the applicant if he agreed with the Errata Sheet dated June 26,200O. Mr. Shapery replied yes. Chairperson Compas asked if Holiday Inn would operate the facility. Mr. Shapery replied Holiday Inn would be the management company and he would own the facility. Chairperson Compas asked, if the project were approved, when would construction begin and what is the anticipated date of opening. DESIGN REVIEW BOARD June 26,200O Page 11 Mr. Shapety responded that the anticipated construction schedule is 9 to 10 months, but if the project is approved it must then go before the City Council before submitting to the Building Department and he therefore could not give an exact date of opening. Board Member Heineman asked what food service would be available for residents. Although a free continental breakfast is provided, Mr. Shapery explained that the extended stay facility concept is designed to eliminate food and beverage operations within the facility. There will be a cocktail reception in the afternoon available to the hotel guests. PUBLIC TESTIMONY: Yvonne Beeson, 1018 Knowels Ave, Carlsbad, CA, stated that her in-laws live on Davis Street. Ms. Beeson indicated that neither she nor her in-laws were properly noticed about the proposed project. Due to the numerous high-density apartments that use on-street parking, the availability of parking on Laguana Drive and Davis Street as well as traffic congestion; construction traffic, e.g. where will it be entering and exiting the property, are of paramount concern. Ms Beeson wanted the Commission not to forget that an extended stay facility is caters to the business traveler and Carlsbad is a vacation community. Dale Calabrese, 1012 Home Ave, Carlsbad, CA, said that although most of his concerns have already been addressed, he believed the proposed screening for the west side of the property line did not appear to be adequate. He suggested that if planting additional trees was not a viable option, then making the wall taller might help to abate the noise. Micke Lough, 1010 Home Ave, Carlsbad, CA, expressed concern about the existing raised grade of the property and wanted assurance that the lighting for the hotel facility would be directed away from the residential area. In addition he asked the time frame for the building of the six-foot barrier wall and hoped that it would be built before construction began and that it would be aesthetically pleasing. The parking spaces of the facility will be extremely close to the property line of the existing residents, he is concerned about the noise from the parking area. In conclusion, Mr. Lough stated that Hope Street and Grand Avenue is a somewhat seedy area and hoped this project will assist in improving the area. Tanya Phillips, 974 Home Ave, Carlsbad, CA, expressed concern regarding the proposed hotel and what such a large building will do to the quaintness of the area. Wants to see more trees used for screening of the proposed project; suggested that waterlines be relocated and fast growing trees planted. Very concerned about misdirected traffic trying to locate hotel entrance. She did not feel that the building would be a sound barrier, but that it would serve as an echo chamber for the pool. Rudy Sanchez, 3482 Roosevelt Street, Carlsbad, CA, concerned that the height and size of the proposed hotel will diminish the village atmosphere, e.g. facility will be highly visible from Home Ave. Suggested that a sign be installed on Home Ave indicating “No Through Traffic”. Preferred that waterline be moved to allow for the planting of trees. In addition believed that the sound would bounce from the hotel to the surrounding homes. Commenting that a two-story structure would be better for the area, Mr. Sanchez stated that the project should go back to the drawing board. Chairperson Compas closed public testimony and asked the applicant to respond to the concerns of the public speakers. Mr. Shapery stated that there would be no vehicular access on Laguna Drive. Specifying that the construction traffic would only be a temporary inconvenience, he stated that he would DESIGN REVIEW BOARD June 26,200O page 12 communicate to the contractor that the area is highly residential and to be sensitive of that fact and use Grand Avenue whenever possible. Regarding the west boundary line, he stated an eight-foot wall would be installed five or six feet on top of an embankment, which will act as a visual bearer. Noting that the waterline was recently installed by the City to service the entire area in an emergency, he did not believe anything could be done about relocating the waterline easement, but offered to purchase trees, for the property owners whose property abuts his site, which they could plant on their property. Addressing the lighting issues, he stated that the lights would be shielded and therefore not visible from other nearby properties. He was not opposed to building the barrier wall first and would communicate this to the contractor. In reference to the noise in the parking area, he stated that it is anticipated the parking spaces on the far west boundary line would be used less frequently, (e.g. referring to site plan drawing he indicated the location of the anticipated empty 40 to 50 parking spaces were on the western boundary), due to the extreme distance from the hotel. In addition, the traffic circulation is one- way. Mr. Shapery stated the barrier wall would be a concrete block split face, which is an upgraded wall. He stated that he is working with the City of Carlsbad to address the seedy looking sidewalk area on Grand Ave to place the street on the priority list for improvements or create an improvement district. Regarding the access to the hotel, Mr. Shapery stated that there would not be an entrance or exit on Laguna, and he would like to see a sign installed that indicated ‘No Outler. Board Member Lawson asked if the hotel literature would provide clear directions to the property. Mr. Shapery responded absolutely yes. Reiterating that the proposed property would be a business hotel, he stated the research data indicated that there would be substantially less pool use, as compared to a vacation facility, and therefore much less noise. Addressing the 40-foot height of the hotel, Mr. Shapery reported that the plan for the redevelopment area in the City of Carlsbad allowed for a building 45feet in height with parking on the first level. In conclusion, Mr. Shapery cited that the property was zoned for hotel use and reiterated that an extended stay business hotel would generate far less traffic than a regular type hotel. Board Member Marquez requested that signage be installed, along the western wall adjacent to the parking spaces, asking people to keep the noise levels down. Mr. Shapery stated that he would not be opposed to installing the signs in that area of the property. Board Member Lawson, referring to the parking area on the east side of the property and the breaks in the runs for trees, asked if the runs could be broken up on the west side with planting islands that would diminish the conflict with the underground waterline. Mr. Shapery stated that although that was an excellent suggestion, due to the City’s parking space requirement of 1.2 spaces per unit it might not be possible. He did however, indicate that DESIGN REVIEW BOARD June 26,200O Page 13 the trees on the east side could be moved to the west side of the property and the required parking spaces could then be placed on the eastside of the property. Board Member Lawson suggested that the one excess parking space be eliminated and landscaping installed. He expressed concern about the amount of the setback on the western corner of the property; e.g. corner of building has little or no setback from the driveway. Detailing the various redesigns of the project to accommodate California regulations, Ms. Shapery, stated that this issue has been addressed. In order to address the concerns regarding the height of the building, Board Member Lawson asked if a visual simulation of the site from Home Ave could be rendered via computer. Mr. Shapery stated that a rendering of this type would cost approximately $20,000, and suggested that visiting the site and conducting a line of sight for the property would be a more viable option. Board Member Lawson suggested that a line of sight, cross section would be appropriate to address the issues of concern voiced by the adjacent existing homeowners regarding the extreme building height. Mr. Shapery stated that the suggested redesign of the parking lot with the installation of trees, would negate the impact of the height of the building to the surrounding area. Board Member Lawson asked if visual analysis was conducted from Home Avenue and/or offsite to ascertain impacts associated with this project. Ms. Rosenstein replied that a line of site analysis was not done. Mr. Shaper-y interjected that from a line of site the floor plan indicated that the only part of the project that would have a visual impact would be the western wing of the property, and acknowledged that the trees could be positioned in a fashion to create density in the area. Commissioner Marquez wanted to know if the residences along Home Avenue were residential units or non-conforming residential units. Ms. Rosenstein stated that the property on Home Avenue is outside of the redevelopment area, it is an R-3 zone; therefore single-family residences are conforming uses. Chairperson Compas directed staff to install “No Outlet” signage on Home Avenue. Mr. Jimino stated the he would forward the request to the Traffic Engineering Department. Chairperson Compas asked staff if the placing of signage on the property requested patrons to keep the noise level down was permitted. Ms. Rosenstein indicated that it would be permitted. Chairperson Compas asked if tall shrubs could be installed on the west wall. Ms. Rosenstein stated that if this was added as a condition, the Board should set parameters and she would forward the data to the landscape plan consultant for further review. Chairperson Compas asked Ms. Rosenstein to draft a condition regarding the aforementioned. - DESIGN REVIEW BOARD June 26,200O FT Page 14 City Attorney, Jane Molbaldi stated the landscape design could be conditioned to be subject to the approval of the Planning Director and/or the City Engineer. Ms. Rosenstein stated that the public notification requirement for a major redevelopment permit, specifics notification of all property owners within 600-feet of the subject property. DISCUSSION: Board Member Lawson stated that he does support the project, but noted that the visual implications associated with the project are difficult to understand as it relates to the surrounding neighborhood, because there are no exhibits that tie the two together. When this goes forward to the Housing Commission it should be accompanied with exhibits of the project area as well as the surrounding residential area. ACTION: Motion by Board Member Heineman, and duly seconded, additional landscaping shall be installed on the west side of the property to screen the residential area from the subject project to the satisfaction of the Public Works Director, Housing and Redevelopment Director and Planning Director. VOTE: 4-o-o AYES: Compas, Lawson, Heineman, Marois NOES: Marquez ABSTAIN: None DISCUSSION: Board Member Lawson stated that he is comfortable with the building height of the project, but voiced concern about the access to the property and reiterated that he supports the project. He would like to see the improvements for Grand Avenue expedited, thereby being placed on the priority list. Board Member Marios expressed support of the project. Board Member Marquez stated that the amendment condition regarding the screening was inadequate and suggested that the adjacent property owner’s talk with the Redevelopment Director regarding the installation of trees. However, she did express support for the project, stating that it would be a beautiful amenity to the City and a catalyst to the needed improvements on Grand Avenue. Board Member Heineman concurred and expressed support for the project. Chairperson Compas declared his support for the project and called for a vote on the main motion. MAIN MOTION: ACTION: Motion by Board Member Heineman, and duly seconded, that the Design Review adopt Design Review Board Resolutions No. 274 and 275 recommending approval of RP 99-l 1 to the Housing and Redevelopment DESIGN REVIEW BOARD June 26,200O Page 15 Commission based on the findings and subject to the conditions contained therein including the Errata sheet dated June 26, 2000. VOTE: 5-o-o AYES: Compas, Marquez, Marois, Lawson, Heineman NOES: None ABSTAIN: None Chairperson Compas closed the public hearing. Chairperson Compas opened discussion regarding the Laguna Apartment project that was approved by the Design Review Board but denied approval by the City Council. Ms. Rosenstein informed the Board that the project was denied approval by the City Council without prejudice. This matter was discussed in detail. CHAIRPERSON REPORT: None DIRECTOR REPORT: Ms. Fountain stated that there would not be a meeting of the Design Review Board in July. ADJOURNMENT: By proper motion, the Regular Meeting of June 26, 2000 was adjourned at 8:35 p.m. Respectfully submitted, DEBBIE FOUNTAIN Director of Housing and Redevelopment MINUTES ARE ALSO TAPED AND KEPT ON FILE UNTIL THE WRllTEN MINUTES ARE APPROVED. ii z Y 5 ii B 2 “: /J I I / I I I j 3 / 74 06 72Pa77 ’ VI 1 f LJl- b”“lS~ALj ~~UUSING&REDEVELO~MEN~ DEPARTMENT CITY OF CARLSBAD NOTICE OF PUBLIC HEARING STAYBRIDGE SUITES NOTICE IS HEREBY GIVEN that the Housing and Redevelopment Commission of the City of Carlsbad will hold a Public Hearing in the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 PM on Tuesday, August 1, 2000, to consider approval of a Major Redevelopment Permit (RP99-I 1) to allow the construction of a 3- story, 106-suite extended stay hotel with all appurtenant site improvements. The proposed project also includes the following variance requests: 1) to exceed the standard building setback on all sides of the property; and 2) to exceed the maximum building height of 35 feet to allow a building height of 40 feet 5 inches. The proposed project is located immediately west of Interstate 5 between the terminus of Grand Avenue and the terminus of, Laguna Drive in Land Use District No. 3 of the Carlsbad Village R.edevelopment Area.. Assessor Parcel Numbers: 203-130-l 5, 203-I 30- 18,203-l 30-20, and 203-I 30-34. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. If you have any questions or would like a copy of the staff report, please contact Lori Rosenstein in the Housing and Redevelopment Departmerrt at (760) 434-2813. You may also provide your comments in writing to the Housing and Redevelopment Department at 2965 Roosevelt Street, Suite B, Carlsbad, CA 92008. As a result of the environmental review under the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance of the City of Carlsbad, the Planning Department has issued a Mitigated Negative Declaration for the subject project on April 24, 2000. A copy of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program are available in the Housing and Redevelopment Department at 2965 Roosevelt Street, Suite B, Carlsbad, CA 92008. Comments from the public are invited. The Housing and Redevelopment Commission will be considering approval of the environmental documentation during the public hearing. If you challenge the Major Redevelopment Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public CASE FILE NO.: RP 99-11 CASE NAME: STAYBRIDGE SUITES i . .* ‘d c PUBLISH DATE: July 22, 2000 _,! -I ,nni$8hi.i :-g)USiNG &t?EOEVEiOPMEN‘i DEP!xmlENT HOUSING AND REDEVELOPMENT COMMISSION STAYBRIDGE SUITES RP 99-l 1 PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of North County Times formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudged newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the cities of Escondido, Oceanside, Carlsbad, Solana Beach and San Diego County; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: July 22, 2000 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at this SaE marCOE 24th , California day rr4 July, 2000 NORTH COUNTY TIMES Legal Advertising This space is for the County Clerks Filing Stamp yq ,I* i I I! ..A-- .b P / ,; ,,c ST-p lfgj gg Proof of Publication of Notice of Public HeaririS A$@& CITY IJF CARLSBAII IldTlCE OF ?UbLIC HEARlW8 STA~BRIB6E SUITES ICE IS HEREBY GlVEW .that the Housing and hold lopment Commission of the City ,of Carl&ad will a Public Hearing in the City Council Chambers, 1200 Carfsbad Villa e Drive Carlsbad California at 6:00 PM on Tuesday Au 2OOr! to consider aooioval of a Maior Redevelooment Petmit ust 1 h P991 to allow the construction of The proposed project is located immediate1 west of Interstate 5 between the terminus of Grand Avenue and t r, e terminus of La una Drive in Land Use District No. 3 of the Carlsbad Vi aoe i Redevejo 9 ment Area. Assessor Parcel Numbers: 203-130-15, 20& 130-18, 93-l 30-20, and 203-130-34. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. f,f you have any questions or would like a copy of the staff report, please contact Lori RosensteIn in the Housing and Redevelopment Department at 760 434-2813. You may also B Ll rovide your comments in writin tot e ousin and Redevelo d E g ment epartment at 2965 Roosevelt reet, Suite B, artsbad, CA 92 08. As a result of the environmental, review under the California CASE FILE NO.: RP 99-l 1 CASE NAME: STAYBRIDGE SUITES HOUSING AND REDEVELOPMENT COMMISSION Le al 67673. July 22,200O CITY OF CA\LLjBAD CITY OF CARLSBAD NOTICE OF PUBLIC HEARING STAYBRIDGE SUITES NOTICE IS HEREBY GIVEN that the Housing and Redevelopment Commission bf the City of Carlsbad will hold a Public Hearing in the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 PM on Tuesday, August 1, 2000, to consider approval of a Major Redevelopment Permit (RP99-11) to allow the construction of a 3- story, 106-suite extended stay hotel with all appurtenant site improvements. The proposed project also includes the following variance requests: 1) to exceed the standard building setback on all sides of the property; and 2) to exceed the maximum building height of 35 feet to allow a building height of 40 feet 5 inches. The proposed project is located immediately west of Interstate 5 between the terminus of Grand Avenue and the terminus of Laguna Drive in Land Use District No. 3 of the Carlsbad Village Redevelopment Area. Assessor Parcel Numbers: 203-130-I 5, 203-I 30- 18,203-l 30-20, and 203-I 30-34. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. If you have any questions or would like a copy of the staff report, please contact Lori Rosenstein in the Housing and Redevelopment Department at (760) 434-2813. You may also provide your comments in writing to the Housing and Redevelopment Department at 2965 Roosevelt Street, Suite B, Carlsbad, CA 92008. As a result of the environmental review under the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance of the City of Carlsbad, the Planning Department has issued a Mitigated Negative Declaration for the subject project on April 24, 2000. A copy of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program are gvailable in the Housing and Redevelopment Department at 2965 Roosevelt Street, Suite B, Carlsbad, CA 92008. Comments from the public are invited. The Housing and Redevelopment Commission will be considering approval of the environmental documentation during the public hearing. If you challenge the Major Redevelopment Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE NO.: RP 99-l 1 CASE NAME: STAYBRIDGE SUITES PUBLISH DATE: July 22,200O SITE STAYBRIDGE SUITES RP 99-l 1 L W z m z - N 0 : s: d 03 r-i Y I I 0 w 5 w 0 co L co VJO -CIAO x-02 c N mum u hl lx3 -?I IA7 u U-Y c 7-i ;-” I e z +2x wum cum CWQ: -+--Jv l-3 073 as5 Ylj Ll: ..-I L?? 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L4-J aa David R Ladwig 2642 Ocean St Carlsbad CA 92008-2237 1, Betty H Aase ; 1055 Laguna Dr 1 Carlsbad CA 92008-1859 . 1 Joseph S & Eugenie Miskov 1 984 Home Ave Carlsbad CA 92008-1828 i j Dale C Calabrese ' 1012 Home Ave Carlsbad CA 92008-1831 r 92101-3501 Jack B Mills : PO Box 991 j Carlsbad CA 92018-0991 I ; Thomas L Bevilacqua 2886 Hope Ave Carlsbad CA 92008-1832 Robert L Showalter 5687 Yerba Anita Dr San Diego CA 92115-1027 Stephanie Brotzman 5242 Sapphire St Alta Loma CA 91701-1348 Oavid C 6 Sharon Daffern 2715 Juniper St Forest Grove OR 97114-1545 Terry 3 C Frances Mcfate 620 Rounsaville Rd Roswell GA 30076-1023 . I Richard K & Vera Matsui Thomas A C Kelly Matyn 3795 Trieste Dr I I.005 Laguna Dr Carlsbad CA 92008-1859 Carlsbad C& 92008-2844 Wayne L Hoff 1035 Laguna Dr Carlsbad CA 92008-1869 John L Maria Rossbach I 964 Home Ave Carlsbad CA 92008-1828 Max R & Doris Schaeffer 994 Home five Carlsbad CA 92008-1828 Patrick Dailey 1011 Home Ave I Carlsbad C?I 92008-1831 Edward A & Irma Richards I 7280 Via Mariposa Norte Donsall CA 92003-5615 1 Mary A Johnson 988 Grand Ave I Carlsbad CA 92008-1811 Voo rdecke rs Family 1045 Laguna Dr Carlsbad CA 92008-1859 Allan S & Tanya Phillips 974 Home Ave Carlsbad CCI 92008-1828 4 Michael J Lough 1010 Home Clve Carlsbad CA 92008-1831 Richard A & Donna Leivonen 965 Home Ave Carlsbad CA 92008-1829 Rodriquez 1010 Grand Ave Carlsbad CA 92008-1813 William Donovan PO Box 1377 Carlsbad CA 92018-0877 Richard Duquette 2860 Hope Ave Carlsbad CA 92008-1832 , Lois N slackstone 2854 Hope Ave Carlsbad CA 92008-1832 Usa 1728 Walton St Oceanside CA 92054-2243 Helen & Hastings Marks 41743 Enterprise Cir N 207 Temecula CA 92590-5625 Gilbert J Lc Virginia Prange 2820 Hope Ave D Carlsbad CA 92008-1867 Jonathan W & Kathleen Campbell 327 N Valencia St Glendora CA 91741-2416 Sandor W Shap--‘y 423 W 8 St San Diego CA 92101-3501 Alex A & Gloria 8anuelos 2820 Hope Ave B Carlsbad CA 92008-1867 Richard Ashton 2820 Hope Ave E Carlsbad CA 92008-1868 Marcia A Hankammet PO Eox 633090 San Diego CA 92163-3090 *** 35 Printed *** Prepared for: SHAPERY ENTERPRISES Attention: SANDY SHAPERY Jerry F & Kathleen Calkins 990 Laguna Dr Carlsbad CA 92008-1853 Marina Laguna Investors Ltd 1301 Dove St 920 Newport Beach CA 92660-2473 Mary S Cappadonna 1014 Laguna Or 5 Carlsbad CA 92008-1870 Clemace R & Jill Valiant 61849 Alta Mura Dr Joshua Tree CA 92252-2G37 White 2245 Arbutus St Newport Beach CA 92660-4139 Ronald L Friedman 315 Trailview Rd Encinitas CA 92024-3126 c Nollie R Sorensen 3791 Skyline Rd Carlsbad CA 92008-2742 Elsie Ashcraft 1044 Laguna Dr 21 Carlsbad CA 92008-1871 , Daniel P Sackin 1421 Felspar St 3 San Diego CA 92109-3054 I I Albert W 6 Margaret Hawke 28 Aspen Ct - Mercerville NJ 08619-4603 I Elizabeth A Dejonge 1064 Laguna Or 22 Carlsbad CA 92008-1874 *** 32 Printed *** Prepared for: SHAPERY ENTERPRISES Attention: SANDY SHAPERY Herbert J & Thelma MC Neil 18776 Winnwood Ln Santa Ana CA 92705-1212 Josephine E Deleon 3885 Oxford PI. 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TO: CITY CLERK’S OFFICE FROM: HOUSING AND REDEVELOPMENT DEPARTMENT RE: PUBLIC HEARING REQUEST Attached are the materials necessary for you to notice STAYBRIDGE SUITES RP 99- 11 for a public hearing before the Housing and Redevelopment Commission. The attached public hearing notice must be published, posted and mailed at least 10 days before the hearing. Please notice the item for a special Housing and Redevelopment Commission meeting on Auwe#+%X#-- Thank you. 61 Commuky ~oprnkb+J irector DATE , CITY OF CARLSBAD NOTICE OF PUBLIC HEARING STAYBRIDGE SUITES NOTICE IS HEREBY GIVEN that the Housing and Redevelopment Commission of the City of Carlsbad will hold a Public Hearing in the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 PM on Tuesday, , 2000, to consider approval of a Major Redevelopment Permit (RP99-11) to allow the construction of a 3- story, IO&suite extended stay hotel with all appurtenant site improvements. The proposed project also includes the following variance requests: 1) to exceed the standard building setback on all sides of the property; and 2) to exceed the maximum building height of 35 feet to allow a building height of 40 feet 5 inches. The proposed project is located immediately west of Interstate 5 between the terminus of Grand Avenue and the terminus of Laguna Drive in Land Use District No. 3 of the Carlsbad Village Redevelopment Area. Assessor Parcel Numbers: 203-I 30-I 5, 203-I 30- 18, 203-I 30-20, and 203-I 30-34. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. If you have any questions or would like a copy of the staff report, please contact Lori Rosenstein in the Housing and Redevelopment Department at (760) 434-2813. You may also provide your comments in writing to the Housing and Redevelopment Department at 2965 Roosevelt Street, Suite 6, Carlsbad, CA 92008. As a result of the environmental review under the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance of the City of Carlsbad, the Planning Department has issued a Mitigated Negative Declaration for the subject project on April 24, 2000. A copy of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program are available in the Housing and Redevelopment Department at 2965 Roosevelt Street, Suite B, Carlsbad, CA 92008. Comments from the public are invited. The Housing and Redevelopment Commission will be considering approval of the environmental documentation during the public hearing. If you challenge the Major Redevelopment Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE NO.: RP 99-l 1 CASE NAME: STAYBRIDGE SUITES HOUSING AND REDEVELOPMENT COMMISSION - “xl 3 f-r! 1 -4 a? c, T! n h;if 3 T! I <I. ‘.- FL$\ I .T:;-r )i !‘r . . . . . . . . . . . . . . . . . . . . . . . . . ili i*v 2 4 t-3 {‘*:* I f”, ,:::, . . . If1 ‘I’:‘ i;i:: l-:-l . . ‘...I \‘I7 , . . l’i::: I--r :,:z. 1.1;1 I’..’ &,... xl T-” c --/ UT ,.-- 3 k-3 cl ;. .._ c3 i .‘I .3 2 A -2 “-,$ .i P9rba4DYI* ,---- --------- -- -.- CITY OF CARLSBAD NOTICE OF PUBLIC HEARING STAYBRIDGE SUITES NOTICE IS HEREBY GIVEN that the Housing and Redevelopment Commission of the City of Carlsbad will hold a Public Hearing in the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 PM on Tuesday, August 1, 2000, to consider approval of a Major Redevelopment Permit (RP99-11) to allow the construction of a 3- story, 106-suite extended stay hotel with all appurtenant site improvements. The proposed project also includes the following variance requests: 1) to exceed the standard building setback on all sides of the property; and 2) to exceed the maximum building height of 35 feet to allow a building height of 40 feet 5 inches. The proposed project is located immediately west of Interstate 5 between the terminus of Grand Avenue and the terminus of Laguna Drive in Land Use District No. 3 of the Carlsbad Village Redevelopment Area. Assessor Parcel Numbers: 203-I 30-I 5, 203-I 30- 18, 203-I 30-20, and 203-I 30-34. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. If you have any questions or would like a copy of the staff report, please contact Lori Rosenstein in the Housing and Redevelopment Department at (760) 434-2813. You may also provide your comments in writing to the Housing and Redevelopment Department at 2965 Roosevelt Street, Suite B, Carlsbad, CA 92008. As a result of the environmental review under the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance of the City of Carlsbad, the Planning Department has issued a Mitigated Negative Declaration for the subject project on April 24, 2000. A copy of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program are available in the Housing and Redevelopment Department at 2965 Roosevelt Street, Suite B, Cartsbad, CA 92008. Comments from the public are invited, The Housing and Redevelopment Commission will be considering approval of the environmental documentation during the public hearing. If you challenge the Major Redevelopment Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE NO.: RP 99-l 1 CASE NAME: STAYBRIDGE SUITES PUBLISH DATE: July 22,200O HOUSING AND REDEVELOPMENT COMMISSION l SITE STAYBRIDGE SUITES RP 99-11