HomeMy WebLinkAbout2008-07-15; Housing & Redevelopment Commission; 408; Lumiere Carlsbad Village HotelHOUSING AND REDEVELOPMENT COMMISSION - AGENDA BILL^J
408
07/15/08
DEPT. HIRED
LUMIERE CARLSBAD VILLAGE HOTEL
RP 07-14/CT 07-11/CDP 07-25
DEPT. HEAD
CITY ATTY.
CITY MGR.
RECOMMENDED ACTION:
That the Housing and Redevelopment Commission ADOPT Resolution No 455. APPROVING a Major
Redevelopment Permit (RP 07-14), Tentative Tract Map (CT 07-11), and Coastal Development Permit
(CDP 07-25) for the construction of a four-story, mixed-use project with 39 hotel rooms, 10 market
rate condominiums, 2 affordable housing units and a 2,815 square foot restaurant on property located
at 3100 and 3150 Ocean Street in Land Use District 9 of the Carlsbad Village Redevelopment Area
and in Local Facilities Management Zone 1 as recommended by the Design Review Board.
ITEM EXPLANATION:
On June 2, 2008 the Design Review Board (DRB) conducted a public hearing to consider a Major
Redevelopment Permit, Tentative Tract Map and Coastal Development Permit for a four-story mixed-
use project consisting of 39 hotel rooms, 10 market rate condominiums, 2 affordable housing units
and a 2,815 square foot restaurant on property located at 3100 and 3150 Ocean Street in Land Use
District 9 of the Carlsbad Village Redevelopment Area. The subject property totals 23,561 square feet
and contains a 12-unit vacation rental and a 9-unit vacation rental that are located on separate
parcels, which are proposed to be demolished in order to accommodate the proposed project. The
subject property abuts a two-story apartment building to the east, to the west is a public parking lot
and Ocean Street, to the south exists a one-story commercial building, and to the north is a hotel
(Carlsbad Inn).
The four-story building consists of a mix of hotel units and residential condominiums on all floors and
an ocean view restaurant on the fourth floor. The residential condominiums range in size from 440
square feet to 2,117 square feet. The building has a pleasant architectural design with varying
building angles and roof heights incorporating attractive decorative building materials such as wood
shingles and panels, decorative lighting fixtures, balconies, and water fountains. Parking for the
project is screened from public view through the use of two levels of underground parking. The City is
also gaining two public parking spaces along Oak Avenue. Vehicular access to the site is provided off
of Ocean Street and there is a hotel drop-off area with valet parking on Oak Avenue.
At the public hearing, the Design Review Board members voted unanimously (5-0) to recommend
approval of the project as proposed with findings to grant the following:
1. Establishment of the High Residential (RH) density designation for the subject property with a
corresponding density of 15-23 dwelling units per acre and a Growth Management Control Point
(GMCP) of 19 dwelling units per acre;
2. Variance for small portion of project which exceeds the maximum of the setback range on the
north and south sides of the project.
DEPARTMENT CONTACT: Austin Silva at (760) 434-2813 asilv@ci.carisbad.ca.us
FOR CITY CLERKS USE ONLY.
COMMISSION ACTION: APPROVED D
DENIED D
CONTINUED D
WITHDRAWN D
AMENDED D
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER - SEE MINUTES D
APPROVED AS AMENDED SEE MINUTES FOR DETAILS.
Page 2
The approving resolution along with the Design Review Board staff report and the draft minutes of the
June 2nd meeting are attached for the Commission's review.
FISCAL IMPACT:
The proposed project will have a positive impact in terms of increased property tax. The current
assessed value of the project site is $7.2 million. With the new construction, it is estimated that the
assessed value will increase to approximately $52 million. The increase in value would result in
additional tax increment revenue for the Carlsbad Redevelopment Agency of approximately $448,000
per year. Additionally, it is anticipated that the project will serve as a catalyst for other improvements
in the area, either new development or rehabilitation of existing buildings.
ENVIRONMENTAL IMPACT:
The Planning Director has conducted an environmental review of the 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 project has been
found to be exempt from environmental review pursuant to Section 15332 of the State CEQA
Guidelines as an in-fill development project on a site of less than five acres in an urbanized area
that has no habitat value and is served by adequate facilities. Comments received on the
environmental review during the public hearing are attached to the draft Design Review Board
minutes.
EXHIBITS:
1. Housing & Redevelopment Commission Resolution No. 455 . APPROVING RP 07-14, CT 07-11,
CDP 07-25.
2. Location map for project
3. Design Review Board Resolution No. 328, No. 329, and No. 330 dated June 2, 2008.
4. Design Review Board Staff Report dated June 2, 2008, w/attachments.
5. Draft Design Review Board Minutes, dated June 2, 2008.
Exhibit 1
1 HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO.455
2
A RESOLUTION OF THE HOUSING AND REDEVELOPMENT
3 COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA,
APPROVING MAJOR REDEVELOPMENT PERMIT NO. RP 07-14,
4 COASTAL DEVELOPMENT PERMIT NO. CDP 07-25, AND
TENTATIVE TRACT MAP NO. CT 07-11 FOR THE CONSTRUCTION
5 OF A MIXED-USE DEVELOPMENT PROJECT CONSISTING OF 39
HOTEL ROOMS, TWELVE (12) CONDOMINIUM UNITS AND 2,815
6 SQUARE FEET OF RESTAURANT SPACE ON THE PROPERTY
LOCATED AT 3100 AND 3150 OCEAN STREET IN LAND USE
7 DISTRICT 9 OF THE CARLSBAD VILLAGE REDEVELOPMENT
AREA AND IN LOCAL FACILITIES MANAGEMENT ZONE 1
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APPLICANT: KB CARLSBAD INVESTORS, LLC
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CASE NO: RP 07-147 CDP 07-257 CT 07-1110
WHEREAS, on June 2, 2008, the City of Carlsbad Design Review Board held a duly noticed
public hearing to consider a Major Redevelopment Permit (RP 07-14), Coastal Development Permit
(CDP 07-25), and Tentative Tract Map (CT 07-11) for the construction of mixed-use development project
consisting of 39 hotel rooms, 12 condominiums and 2,815 square feet of restaurant space on the property
located at 3100 and 3150 Ocean Street, and adopted Design Review Board Resolutions No. 328,329, and
330 recommending to the Housing and Redevelopment Commission that Major Redevelopment Permit
17 (RP 07-14), Coastal Development Permit (CDP 07-25), and Tentative Tract Map (CT 07-11) be
18 , ,approved; and
19 WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad, on the date of
20 this resolution held a duly noticed public hearing to consider the recommendation and heard all persons
21 interested in or opposed to Major Redevelopment Permit (RP 07-14), Coastal Development Permit (CDP
2?07-25), and Tentative Tract Map (CT 07-11); and
23 WHEREAS, the recommended Design Review Board approval includes findings establishing the
24 High (RH) residential density range of 15-23 dwelling units per acre for the subject property; and
25 WHEREAS, the recommended approval includes findings granting variances for the north and
26 south side yard setback which exceed the standard range; and
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1 WHEREAS, as a result of an environmental review of the subject project conducted pursuant to
2 the Guidelines for Implementation of the California Environmental Quality Act and the Environmental
3 Protection Ordinance of the City of Carlsbad, the project was found to be categorically exempt from the
4 requirement for preparation of environmental documents pursuant to Section 15332 of the State CEQA
5 Guidelines as an in-fill development project on a site of less than five acres in an urbanized area that has
6 no habitat value and is served by adequate facilities.
7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing and Redevelopment
8 Commission of the City of Carlsbad, California as follows:
1. That the foregoing recitations are true and correct.
2. That Major Redevelopment Permit (RP 07-14), Coastal Development Permit (CDP 07-25),
and Tentative Tract Map (CT 07-11) are APPROVED and that the findings and conditions of the Design
12 Review Board contained in Resolutions No. 328, 329, and 330, on file in the City Clerk's Office and
13 incorporated herein by reference, are the findings and conditions of the Housing and Redevelopment
14 Commission with the additional condition that a sign program directing vehicles to use the underground
parking provided on the site be approved to the satisfaction of the Housing and Redevelopment Director.
3. That the Housing and Redevelopment Commission of the City of Carlsbad has reviewed,
analyzed and considered the environmental determination for this project and any comments thereon.
18 The Housing and Redevelopment Commission finds that:
19 (a) The project is consistent with the applicable general plan designation and all
20 applicable general plan policies as well as with applicable zoning designation and regulations;
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(b) The proposed development occurs within city limits on a project site of no more than
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five acres and substantially surrounded by urban uses;
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(c) The project site has no value as habitat for endangered, rare or threatened species;
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(d) Approval of the project would not result in any significant effects relating to traffic,
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noise, air quality, or water quality; and
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(e) The site can be adequately served by all required utilities and public services.
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1 The Housing and Redevelopment Commission finds that the environmental determination reflects the
2 independent judgment of the Housing and Redevelopment Commission of the City of Carlsbad.
3 4. That this action is final the date this resolution is adopted by the Housing and Redevelopment
4 Commission. The provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial
5 Review" shall apply:
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2 NOTICE TO APPLICANT:
3 "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
4 applicable in the City of Carlsbad by Carlsbad 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
5 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
6 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
1 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
8 City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008."
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PASSED, APPROVED, AND ADOPTED at a Regular meeting of the Housing and
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Redevelopment Commission of the City of Carlsbad, California, held on the^-^tb dav of July
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2008 by the following vote to wit:
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AYES: Commission Members Lewis, Kulcbin, Hall and Nygaard.
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NOES: None.
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ABSENT: Commission Member Packard.
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ABSTAIN: None.
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19 ATTEST:
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2 ] tJSA HILDABRAND, SECRETARY
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PAGE 4
EXHIBIT 2
LOCATION MAP FOR PROJECT
<D
S/7E
LUMIERE CARLSBAD
VILLAGE HOTEL
RP 07-14/CDP 07-25/CT 07-11
EXHIBIT 3
DESIGN REVIEW BOARD RESOLUTIONS
NO. 328,329, 330
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DESIGN REVIEW BOARD RESOLUTION NO. 328
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR
REDEVELOPMENT PERMIT NUMBER RP 07-14 FOR THE
CONSTRUCTION OF A MIXED-USE DEVELOPMENT PROJECT
CONSISTING OF 39 HOTEL ROOMS, TWELVE (12) CONDOMINIUM
UNITS AND 2,815 SQUARE FEET OF RESTAURANT SPACE ON THE
PROPERTY LOCATED AT 3100 AND 3150 OCEAN STREET IN LAND USE
DISTRICT 9 OF THE CARLSBAD VILLAGE REDEVELOPMENT AREA
AND IN LOCAL FACILITIES MANAGEMENT ZONE 1 INCLUDING
VARIANCES FOR A SIDE YARD SETBACKS WHICH EXCEED THE
MAXIMUM STANDARD RANGE .
CASE NAME: LUMIERE CARLSBAD VILLAGE HOTEL
APN: 203-250-21& 203-250-22
CASE NO: RP 07-14
WHEREAS, Bob Ladwig, "Applicant", has filed a verified application with the
Redevelopment Agency of the City of Carlsbad regarding property owned by KB Carlsbad
Investors, LLC and Thomas M. Funke, "Owners", described as Assessor Parcel Number
203-250-21 & 203-250-22, and more thoroughly described in Attachment A, ("the Property");
and
WHEREAS, said application constitutes a request for a Major Redevelopment Permit, as
shown on Exhibits "A-R" dated June 2, 2008, on file in the Housing and Redevelopment
Department, "Lumiere Carlsbad Village Hotel RP 07-14/ CDP 07-25/CT 07-11", as provided
by Chapter 21.35.080 of the Carlsbad Municipal Code; and
WHEREAS, the Design Review Board did on the 2nd day of June, 2008, hold a duly
noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of persons desiring to be heard, said Board considered all factors related to
"Lumiere Carlsbad Village Hotel."
1 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as
2 follows:
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A. That the foregoing recitations are true and correct.
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B. That based on the evidence presented at the public hearing, the Design Review
Board RECOMMENDS APPROVAL of Lumiere Carlsbad Village Hotel RP
6 07-14, based on the following findings and subject to the following conditions:
7 GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS;
o 1 . The Planning Director has determined that the project belongs to a class of projects that the
9 State Secretary for Resources has found do not have a significant impact on the environment,
and it is therefore categorically exempt from the requirement for preparation of
1 0 environmental documents pursuant to Section 15332 of the State CEQA Guidelines as an
infill development project. In making this determination, the Planning Director has found
that the exceptions listed in Section 1 5300.2 of the state CEQA Guidelines do not apply to
12 this project.
13 2. The Design Review Board finds that the project, as conditioned herein and the
establishment of the RH density designation for the project, is in conformance with the
14 Elements of the City's General Plan, the Carlsbad Village Area Redevelopment Plan, and the
, ,. Carlsbad Village Redevelopment Master Plan and Design Manual based on the facts set forth
in the staff report dated June 2, 2008 including, but not limited to the following:
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a. The proposed project is consistent with the goals and objectives for the Village,
1 7 as outlined within the General Plan, because it provides for a mixed-use project
with a hotel, multi-family residential and restaurant component in an
appropriate location within the Village. This in turn serves to enhance and
19 maintain the area as a commercial/tourism neighborhood and encourages
greater residential support opportunities in the Village. By providing more
20 lodging, residential and restaurant opportunities, the project helps to create a
lively, interesting social environment by encouraging and increasing the
21 opportunity for 24-hour life in the Village, which provides the necessary
22 customer base to attract complementary uses. The project reinforces the
pedestrian-orientation desired for the downtown area by providing needed
23 sidewalk improvements along Ocean Street and the location of the project will
provide the new residents an opportunity to walk to shopping, recreation, and
24 mass transit functions. The project's proximity to existing bus routes and mass
transit will help to further the goal of providing new economic development near
transportation corridors. Furthermore, the project will provide a strong street
26 presence with extensive architectural relief, including balconies looking out over
the adjacent streets and fully enclosed parking. Overall, the new residential
27 units, hotel units, and restaurant will enhance the Village as a place for living,
working, and visiting.28
DRBRESONO. 328 -2-
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b. The project is consistent with the Village Redevelopment Master Plan and
Design manual in that the proposed project assists in satisfying the goals and
objectives set forth for Land Use District 9 through the following actions: 1) it
establishes the Village as a quality environment by providing a mixed-use
project which serves to increase the type of lodging, housing, and dining options
available to people in the downtown area, 2) it improves the pedestrian and
vehicular circulation in the Village Area by providing residential and hotel units
in close proximity to both bus and rail mass transit and improves the pedestrian
environment by providing needed sidewalk improvements along Ocean Street
and Oak Avenue, 3) it stimulates property improvements and new development
in the Village by providing for an appropriate intensity of mixed-use
development that may serve as a catalyst for future redevelopment in the area, 4)
it improves the physical appearance of the Village Area by replacing outdated
and non-conforming buildings with an aesthetically pleasing building with
attractive landscaping.
c. The project as designed is consistent with the development standards for Land
Use District 9, the Village Design Guidelines and other applicable regulations set
forth in the Village Master Plan and Design Manual.
d. 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. 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.
e. 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 and
the City's Landscape Manual.
f. 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.
g. The proposed project is consistent with the Housing Element of the General
Plan, the City's Inclusionary Housing Ordinance, and the Redevelopment
Agency's Inclusionary Housing Requirement, as the Developer is providing two
(2) affordable housing units for low-income households.
h. The proposed project meets all of the minimum development standards set forth
in Chapter 21.45.080, and has been designed in accordance with the concepts
contained in the Village Master Plan and Design Guidelines Manual, in that the
overall plan for the project is comprehensive and incorporates many of the
DRB RESO NO. 328 -3-
architectural features of surrounding developments. The buildings,
2 landscaping, and on-site amenities all conform to the Village Redevelopment
Master Plan and Design Manual which serves as the adopted land use plan for
3 the area. The overall plan for the project provides for adequate usable open
space, circulation, off-street parking, recreational facilities and other pertinent
amenities. The parking is provided in an underground garage and the project is
compatible with surrounding land uses and will not negatively impact
circulation patterns in the area. The overall architecture is compatible with the
5 surrounding area and consistent with the Village character as set forth in the
Village Master Plan and Design Manual.
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3. The Design Review Board hereby finds that the appropriate residential density for the project
is RH (15-23 dwelling units per acre), which has a Growth Management Control Point
(GMCP) of 19 dwelling units per acre. Justification for the RH General Plan density
designation is as follows:
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a. The density is compatible with the surrounding area, which contains a variety of
uses including multi-family residential, single-family residential, commercial and
_ hotel. Application of the RH General Plan designation on the subject property
would allow for future high density residential mixed-use development, which is
13 permitted in District 9, and would be compatible with the mixture of
surrounding uses.
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b. The RH General Plan density designation serves to satisfy the goals of the
Village Redevelopment Master Plan by increasing the number, quality, diversity,
and affordability of housing units within this area of the Village. The high
density designation allows for future development that would be consistent the
17 goals and objectives of the Redevelopment Master Plan.
c. The RH General Plan density designation serves to satisfy the objectives of Land
. Q Use District 9 by increasing the number of residential units in close proximity to
shops, restaurants, and mass transportation (Bus & Village Coaster Station).
20 High residential densities in close proximity to mixed-use areas with easy access
to mass transportation promote greater job/housing balance and help solve
21 regional issues such as reduced traffic congestion and improved air quality.
22 4. The project will provide sufficient additional public facilities for the density in excess of the
23 control point to ensure that the adequacy of the City's public facility plans will not be
adversely impacted, in that all necessary public improvements to accommodate the
24 proposed development have been provided or are required as conditions of project
approval.25
5. There have been sufficient developments approved in the quadrant at densities below the
control point to offset the units in the project above the control point so that approval will not
27 result in exceeding the quadrant limit.
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DRB RESO NO. 328 -4-
6. All necessary public facilities required by the Growth Management Ordinance will be
2 constructed or are guaranteed to be constructed concurrently with the need for them created
by this project and in compliance with adopted City standards, in that all required public
3 facilities necessary to accommodate the proposed development have been provided or
are required as conditions of project approval.
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c 7. 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.
6 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;
7 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,
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a. The project has been conditioned to ensure that building permits will not be
10 issued for the project unless the District Engineer determines that sewer service
is available, and building cannot occur within the project unless sewer service
11 remains available and the District Engineer is satisfied that the requirements of
, 2 the Public Facilities Element of the General Plan have been met insofar as they
apply to sewer service for this project.
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b. All necessary public improvements have been provided or are required as
14 conditions of approval.
c. The project has been conditioned to provide proof from the Carlsbad Unified
16 School District that the project has satisfied its obligation to provide fees for
school facilities.
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d. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
will be collected prior to the issuance of building permit.
19 e. The Public Facility fee is required to be paid by Council Policy No. 17 and will
20 be collected prior to the issuance of building permit.
21 8. The project is consistent with the City's Landscape Manual.
22 9. The Design Review Board has reviewed each of the exactions imposed on the Developer
23 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
24 of the exaction is in rough proportionality to the impact caused by the project.
9S 10. The Design Review Board finds as follows to allow for variances for front and side yard
_, setbacks that exceed the standard range:
27 a. That the application of certain provisions of this chapter will result in practical
difficulties or unnecessary hardships which would make development inconsistent
28 with the general purpose and intent of the Carlsbad Village Redevelopment Plan, in
DRB RESO NO. 328 -5-1H
that due to the location of the property being caddy corner from single-family
2 residences, it is important to set back the building at the corner that is closest to
such units in order to lessen the impact the building will have on surrounding
3 properties. The increased setback area will be devoted to landscaping, to help
buffer the edge of the property. This will assist in lessening the impact of a
commercial development that is located near residential uses.
b. That there are exceptional circumstances or conditions unique to the property or the
6 proposed development which do not generally apply to other properties or
developments which have the same standards, restrictions, and controls, in that by
7 allowing the proposed setbacks, the subject property will not be granted any
special privileges. The purpose for the increase in setbacks is to allow for a
better design of the building. The project will not benefit financially in any way
9 by having an increased side yard setbacks. If anything, the project will be losing
usable square footage by having varying side yard setbacks that are dedicated to
10 landscaping.
That the granting of a variance will not be injurious or materially detrimental to the
12 public welfare, other properties or improvements in the project area, in the variances
do not authorize a use or activity, which is not expressly authorized by the zone
13 regulation governing the subject property, as a mixed-use project is a permitted
use within Land Use District 9 of the V-R zoning as long as the ground floor is
dedicated to a commercial use.
d. That the granting of a variance will not contradict the standards established in the
16 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
17 in order to encourage diversity and variety of development and to take into
consideration the unique conditions associated with many of the properties in
the redevelopment area. A majority of the building is setback at 5 feet on both
19 side yards. There are small portions of the building where the setbacks exceed
the maximum of the range. Providing varied setbacks along the side yards of the
20 proposed building allows the building to achieve a design that is more visually
interesting. The increased setback is necessary in order to have differing angles
along the north and south building elevations to prevent one flat, long,
continuous wall. The impact of the side yard setback exceeding the maximum of
the range will be very minimal. Additionally, the project is consistent with the
23 general purpose of the general plan and the Carlsbad village area redevelopment
plan.
24
GENERAL CONDITIONS:
26 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of
building permits.
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1. If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
DRB RESO NO. 328 -6-
implemented and maintained over time, if any such conditions fail to be so implemented
2 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
3 building permits; deny, revoke or further condition all certificates of occupancy issued
under the authority of approvals herein granted; record a notice of violation on the
4 property title; institute and prosecute litigation to compel their compliance with said
r 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
6 Permit.
7 2. 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.
9 Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
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3. The Developer shall comply with all applicable provisions of federal, state, and local laws
and regulations in effect at the time of building permit issuance.
12 4. If any condition for construction of any public improvements or facilities, or the payment
13 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
14 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.
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5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and
17 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
JQ 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
20 issuance of any permit or action, whether discretionary or non-discretionary, in
connection with the use contemplated herein, and (c) Developer/Operator's installation
21 and operation of the facility permitted hereby, including without limitation, any and all
22 liabilities arising from the emission by the facility of electromagnetic fields or other
energy waves or emissions. This obligation survives until all legal proceedings have been
23 concluded and continues even if the Agency's approval is not validated.
24 6. 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.
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7. The Developer shall include, as part of the plans submitted for any permit plan check, a
27 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
format.
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DRB RESO NO. 328 -7-II.
8. Prior to the issuance of a building permit, the Developer shall provide proof to the
2 Director from the Carlsbad School District that this project has satisfied its obligation to
provide fees for school facilities.
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9. This project shall comply with all conditions and mitigation measures which are required
4 as part of the Zone 1 Local Facilities Management Plan and any amendments made to that
<- Plan prior to the issuance of building permits.
6 10. Approval is granted for Major Redevelopment Permit RP 07-14 as shown on Exhibits
A-R, dated June 2, 2008, on file in the Housing and Redevelopment Department and
7 incorporated herein by reference. Development shall occur substantially as shown unless
otherwise noted in these conditions.8
9 11. This approval is granted subject to the approval of Coastal Development Permit No.
CDP 07-25 and is subject to all conditions contained in Design Review Board
10 Resolution No. 329 for this other approval and incorporated by reference herein.
12. This approval is granted subject to the approval of Tentative Tract Map No. CT 07-11
12 and is subject to all conditions contained in Design Review Board Resolution No. 330
for this other approval and incorporated by reference herein.
13
13. This approval shall become null and void if building permits are not issued for this
14 project within 24 months from the date of project approval.
14. Building permits will not be issued for the project unless the local agency providing water
16 and sewer services to the project provides written certification to the City that adequate
water service and sewer facilities, respectively, are available to the project at the time of
17 the application for the building permit, and that water and sewer capacity and facilities
will continue to be available until the time of occupancy. A note to this effect shall be
placed on the Final Map.
19
HOUSING CONDITIONS:
20
15. Prior to the approval of the final map for this project, the Developer shall enter into an
21 Affordable Housing Agreement with the City/Agency to provide and deed restrict two (2)
22 dwelling units as affordable to lower-income households for the useful life of the
dwelling units, in accordance with the requirements and process set forth in Chapter
23 21.85 of the Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be
submitted to the Housing and Redevelopment Director no later than 60 days prior to
24 the request to final the map. The recorded Affordable Housing Agreement shall be
binding on all future owners and successors in interest.
26 16. The Developer shall construct the required inclusionary units concurrent with the
project's market rate units, unless both the final decision making authority of the
27 City/Agency and the Developer agree within an Affordable Housing Agreement to an
alternate schedule for development.28
DRB RESO NO. 328 -8-
1 LANDSCAPE CONDITIONS:
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17. The Developer shall submit and obtain Housing & Redevelopment 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.
18. 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.
19. Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
MISCELLANEOUS CONDITIONS:
20. The Developer shall establish a homeowner's association and corresponding covenants,
conditions and restrictions. Said CC&Rs shall be submitted to and approved by the
Housing and Redevelopment Director prior to final map approval. Prior to issuance of
a building permit the Developer shall provide the Housing & Redevelopment
Department with a recorded copy of the official CC&Rs that have been approved by the
Department of Real Estate and the Housing and Redevelopment Director. At a
minimum, the CC&Rs shall contain the following provisions:
a. General Enforcement by the City. The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in favor
of, or in which the City has an interest.
18 b. Notice and Amendment. A copy of any proposed amendment shall be provided to the
City in advance. If the proposed amendment affects the City, City shall have the right
to disapprove. A copy of the final approved amendment shall be transmitted to City
within 30 days for the official record.
21. A portion of this project is being approved as a condominium permit for residential
homeownership purposes. If any of the proposed condominiums in the project are rented,
the minimum time increment for such rental shall be not less than 31 days. The CC&Rs
for the project shall include this requirement.
22. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
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 are not paid, this
26
27 M
approval will not be consistent with the General Plan and shall become void.
28
DRB RESO NO. 328 -9- ,3
23. All roof appurtenances, including air conditioners, shall be architecturally integrated and
2 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
3 Directors of Community Development and/or Housing and Redevelopment.
24. Prior to occupancy of the first dwelling unit the Developer shall provide all required
r passive and active recreational areas per the approved plans, including landscaping and
recreational facilities.
6
NOTICING CONDITIONS:
7
25. 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
9 of the Housing and Redevelopment Director, notifying all interested parties and
successors in interest that the City of Carlsbad has issued a Major Redevelopment
10 Permit, Tentative Tract Map, and Coastal Development Permit by Resolution Nos.
328, 329, and 330 on the real property owned by the Developer. Said Notice of
Restriction shall note the property description, location of the file containing complete
12 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
13 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.
15 ON-SITE CONDITIONS;
16
26. The developer shall construct trash receptacle and recycling areas as shown on the site
plan (Exhibit "A") with gates pursuant to the City Engineering Standards and Carlsbad
Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the
Housing & Redevelopment Director. Enclosure shall be of similar colors and/or
19 materials of the project and subject to the satisfaction of the Housing & Redevelopment
Director.
20
27. 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
22 Housing & Redevelopment Director of an Outdoor Storage Plan, and thereafter comply
with the approved plan.
23
28. The developer shall submit and obtain Housing & Redevelopment 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.
26 29. The project shall have a master cable television hookup. Individual antennas shall
not be permitted.
27
30. There shall be separate utility systems for each unit.28
DRB RESO NO. 328 -10-
1 STANDARD CODE REMINDERS;
2 The project is subject to all applicable provisions of local ordinances, including but not limited to
3 the following code requirements.
Fees
31. The Developer shall pay park-in-lieu fees to the City, prior to the approval of the final
_ map as required by Chapter 20.44 of the Carlsbad Municipal Code.
6 32. The developer shall pay a landscape plan check and inspection fee as required by Section
20.080.050 of the Carlsbad Municipal Code.
7
33. 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
9 with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer.
10
General
11
- 34. The tentative map shall expire twenty-four (24) months from the date this tentative map
approval becomes final.
13
35. Approval of this request shall not excuse compliance with all applicable sections of the
14 Zoning Ordinance and all other applicable City Ordinances in effect at the time of
building permit issuance, except as otherwise specifically provided herein.
36. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
17
37. Any signs proposed for this development shall at a minimum be designed in conformance
with the approved plans and the sign criteria contained in the Village
Redevelopment Master Plan and Design Manual and shall require review and approval
of the Housing & Redevelopment Director prior to installation of such signs.
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DRB RESO NO. 328 -11-
1 NOTICE
2 Please take NOTICE that approval of your project includes the ."imposition" of fees, dedications,
3 reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
4
<- 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
6 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
7 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.8
9 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,
10 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.
13 PASSED, APPROVED, AND ADOPTED at a meeting of the Design Review Board of
14 the City of Carlsbad, California, held on the 2nd day of June, 2008, by the following vote to wit:
AYES: BAKER, LAWSON, PRIETTO, SCHUMACHER, AND WHITTON
16 NOES: NONE
17 ABSENT: NONE
18 ABSTAIN: NONE
19
20
CF0NY LAWSON, CHAIRPERSON
21 DESIGN/REVIEW BOARD
22z ATTEST:
23
24
DEBBIE FOUNTAIN
25 HOUSING AND REDEVELOPMENT DIRECTOR
26
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28
DRB RESO NO. 328 -12-
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DESIGN REVIEW BOARD RESOLUTION NO. 329
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF COASTAL
DEVELOPMENT PERMIT NUMBER CDP 07-25 FOR THE CONSTRUCTION
OF A MIXED-USE DEVELOPMENT PROJECT CONSISTING OF 39 HOTEL
ROOMS, TWELVE (12) CONDOMINIUM UNITS AND 2,815 SQUARE FEET
OF RESTAURANT SPACE ON THE PROPERTY LOCATED AT 3100 AND
3150 OCEAN STREET IN LAND USE DISTRICT 9 OF THE CARLSBAD
VILLAGE REDEVELOPMENT AREA AND IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: LUMIERE CARLSBAD VILLAGE HOTEL
APN: 203-260-14 & 203-260-15
CASE NO.: CDP 07-25
WHEREAS, Bob Ladwig, "Applicant", has filed a verified application with the
Redevelopment Agency of the City of Carlsbad regarding property owned by KB Carlsbad
Investors, LLC and Thomas M. Funke, "Owners", described as Assessor Parcel Numbers
203-250-21 & 203-250-22, and more thoroughly described in Attachment A, ("the Property");
and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits "A-R" dated June 2, 2008, on file in the Housing
and Redevelopment Department, "Lumiere Carlsbad Village Hotel RP 07-14/CDP 04-30/CT
07-11 "as provided by Chapter 21.81.040 of the Carlsbad Municipal Code; and
WHEREAS, the Design Review Board did, on the 2nd day of June 2008, hold a
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Board considered all factors
relating to the CDP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review Board
of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Board
RECOMMENDS APPROVAL of Lumiere Carlsbad Village Hotel CDP 07-25
based on the following findings and subject to the following conditions:
Findings:
9 1. That the proposed development is in conformance with the Carlsbad Village Area
-, Redevelopment Plan and the Carlsbad Village Redevelopment Master Plan and
Design Manual, which serve as the Certified Local Coastal Program for the City of
4 Carlsbad Segment of the California Coastal Zone and all applicable policies in that
the development does not obstruct views or otherwise damage the visual beauty
5 of the coastal zone, and no agricultural activities, sensitive resources, geological
instability exist on the site.
6
2. The proposal is in conformity with the public access and recreation policies of Chapter 3
7 of the Coastal Act in that the development will not alter physical or visual access to
the shore.
8
3. The project is consistent with the provisions of the Coastal Resource Protection
9 Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that no steep slopes
10 exist within the proposed construction area, all grading will conform to the City's
erosion control standards, and the site is not prone to landslides or susceptible
11 to accelerated erosion, floods, or liquefaction.
12 Conditions:
13 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance
of building permits.
14
1. If any of the following conditions fail to occur; or if they are, by their terms, to be
15 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
16 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
, o the City's/Agency's approval of this Coastal Development Permit.
20 2. Staff is authorized and directed to make, or require the Developer to make, all
corrections and modifications to the Coastal Development Permit documents, as
21 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.
22 Any proposed development different from this approval, shall require an amendment to
this approval.
23
3. The Developer shall submit to the Housing and Redevelopment Department a
24 reproducible 24" x 36", mylar copy of the Coastal Development Permit reflecting the
conditions approved by the final decision making body.
4. This approval is granted subject to the approval of RP 07-14 and CT 07-11 and is
subject to all conditions contained in Design Review Board Resolutions No. 328 and
27 330 for those other approvals and incorporated by reference herein.
28 5. The applicant shall apply for and be issued building permits for this project within twenty-
four (24) months of approval or this coastal development permit will expire unless
extended per Section 21.81.160 of the Carlsbad Municipal Code.
DRB RESO NO. 329 -2-..•-i.- /-.
6. Prior to the issuance of building permits, the applicant shall apply for and obtain a
grading permit issued by the City Engineer.
., 7. All construction activities shall be planned so that grading will occur in units that can be
easily completed within the summer construction season. All grading operations shall
4 be limited to April 1 to October 1 of each year. All areas disturbed by grading shall be
planted within 60 days of initial disturbance and prior to October 1 with temporary or
5 permanent (in the case of finished slopes) erosion control methods. The October 1
grading season deadline may be extended with the approval of the City Engineer
6 subject to implementation by October 1 of erosion control measures designed to prohibit
discharge of sediments offsite during and after the grading operation is completed.
7 Extensions beyond November 15 may be allowed in areas of very low risk of impact to
sensitive coastal resources and may be approved either as part of the original coastal
8 development permit or as a formal amendment to an existing coastal development
permit.
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DRB RESO NO. 329 -3-
1 NOTICE
2 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
3 reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
4
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
5 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
6 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
7 annul their imposition.
8 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 2nd day of June 2, 2008, by the
14 following vote, to wit:
15 AYES: BAKER, LAWSON, PRIETTO,. SCHUMACHER AND WHITTON
16 NOES: NONE
17 ABSENT: NONE
18 ABSTAIN: NONE
19
tONY LAV/SDTJ, CHAIRPERSON
20 DESIGNJREVIEW BOARD
ATTEST: /
22
DEBBIE FOUNTAIN
HOUSING AND REDEVELOPMENT DIRECTOR
24
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28
DRB RESO NO. 329 -4-
DESIGN REVIEW BOARD RESOLUTION NO. 330
1
9 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF TENTATIVE
-, TRACT MAP NUMBER CT 07-11 FOR THE CONSTRUCTION OF A MIXED-
USE DEVELOPMENT PROJECT CONSISTING OF 39 HOTEL ROOMS,
4 TWELVE (12) CONDOMINIUM UNITS AND 2,815 SQUARE FEET OF
RESTAURANT SPACE ON THE PROPERTY LOCATED AT 3100 AND 3150
5 OCEAN STREET IN LAND USE DISTRICT 9 OF THE CARLSBAD VILLAGE
REDEVELOPMENT AREA AND IN LOCAL FACILITIES MANAGEMENT
6 ZONE1.
CASE NAME: LUMIERE CARLSBAD VILLAGE HOTEL
7 CASE NO.: CT 07-11
8 WHEREAS, Bob Ladwig, "Applicant", has filed a verified application with the
9 Housing and Redevelopment Agency of the City of Carlsbad regarding property owned by
KB Carlsbad Investors, LLC and Thomas M. Funke "Owner", described as Assessor
Parcel Number 203-250-21 and 203-250-22 and more thoroughly described in Attachment A
12
("the Property"); and
13
WHEREAS, said verified application constitutes a request for a Tentative Tract
14
Map as shown on Exhibit(s) "A-R" dated June 2, 2008, on file in the Housing and
15
Redevelopment Department as "Lumiere Carlsbad Village Hotel RP 07-14/CDP 07-25/CT 07-
11", as provided by Chapter 21.35.080 of the Carlsbad Municipal Code; and
18 WHEREAS, the Design Review Board did, on the 2nd day of June, 2008, hold a
19 duly noticed public hearing as prescribed by law to consider said request; and
20 WHEREAS, at said public hearing, upon hearing and considering all testimony
21 and arguments, if any, of persons desiring to be heard, said Board considered all factors
22 relating to the Tentative Tract Map.
23 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review Board
24 of the City of Carlsbad as follows:
25 A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Design Review
2? Board RECOMMENDS APPROVAL of Lumiere Carlsbad Village Hotel CT 07-
11, based on the following findings and subject to the following conditions:
28
Findings:
T
1. That the proposed map and the proposed design and improvement of the subdivision as
-, conditioned, is consistent with and satisfies all requirements of the General Plan, the
Village Redevelopment Plan and Village Master Plan and Design Guidelines, Titles
4 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will
not cause serious public health problems.
2. That the proposed project is compatible with the surrounding future land uses since
6 surrounding properties are located within Land Use District 9 of the Village
Redevelopment Area and the intent of the Village Master Plan is to accommodate
7 a wide mix of uses in this district with an emphasis upon facilities, goods and
services to tourists and regional visitors traveling along the coast.
8
3. That the site is physically suitable for the type and density of the development since the
9 site is adequate in size and shape to accommodate residential development at the
density proposed, in that the development is consistent with the RH density
10 designation which has been assigned to the property based on the following
1 findings:
12 a. The density is compatible with the surrounding area, which contains a
variety of uses including multi-family residential, single-family residential,
13 commercial and hotel. Application of the RH General Plan designation on
the subject property would allow for future high density residential mixed-
14 use development, which is permitted in District 9, and would be compatible
with the mixture of surrounding uses.
15
b. The RH General Plan density designation serves to satisfy the goals of the
16 Village Redevelopment Master Plan by increasing the number, quality,
diversity, and affordability of housing units within this area of the Village.
The high density designation allows for future development that would be
I o consistent the goals and objectives of the Redevelopment Master Plan.
19 c. The RH General Plan density designation serves to satisfy the objectives of
Land Use District 9 by increasing the number of residential units in close
20 proximity to shops, restaurants, and mass transportation (Bus & Village
Coaster Station). High residential densities in close proximity to mixed-
21 use areas with easy access to mass transportation promote greater
job/housing balance and help solve regional issues such as reduced traffic
22 congestion and improved air quality.
23 4. That the design of the subdivision or the type of improvements will not conflict with
easements of record or easements established by court judgment, or acquired by the
public at large, for access through or use of property within the proposed subdivision, in
25 that the property has frontage on Oak Avenue and Ocean Street and there are no
easements granting access through the property to others.
26
5. That the property is not subject to a contract entered into pursuant to the Land
27 Conservation Act of 1965 (Williamson Act).
28 6. That the design of the subdivision provides, to the extent feasible, for future passive or
natural heating or cooling opportunities in the subdivision.
DRB RESO NO. 330 -2-
7. That the Design Review Board has considered, in connection with the housing
2 proposed by this subdivision, the housing needs of the region, and balanced those
housing needs against the public service needs of the City and available fiscal and
2 environmental resources.
4 8. That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their
5 habitat, in that the project belongs to a class of projects that the State Secretary for
Resources has found do not have a significant impact on the environment, and it
6 is therefore categorically exempt from the requirement for preparation of
environmental documents pursuant to Section 15332 of the State CEQA
7 Guidelines as an infill development project. Therefore, the Design Review Board
finds that there is no substantial evidence the project will have a significant effect
° on the environment.
Q 9. That the discharge of waste from the subdivision will not result in violation of existing
IQ California Regional Water Quality Control Board requirements, in that the project is
conditioned to comply with the City's requirements of the National Pollutant
11 Discharge Elimination System (NPDES) permit.
12 10. The Design Review Board finds that the project, as conditioned herein, is in
conformance with the Elements of the City's General Plan, the Village Redevelopment
13 Plan and Village Master Plan and Design Guidelines based on the facts set forth in
the staff report dated June 2, 2008 including, but not limited to the following: the
14 project will provide for a permitted mixed-use development (multi-family, hotel,
and restaurant) in an appropriate location within Land Use District 9 of the Village
Redevelopment Area.
11. The project is consistent with the City-Wide Facilities and Improvements Plan, the
. 7 applicable local facilities management plan, and all City public facility policies and
ordinances since:
18 a. The project has been conditioned to ensure that building permits will not be
19 issued for the project unless the District Engineer determines that sewer
service is available, and building cannot occur within the project unless sewer
20 service remains available, and the District Engineer is satisfied that the
requirements of the Public Facilities Element of the General Plan have been
21 met insofar as they apply to sewer service for this project.
22 b. Statutory School fees will be paid to ensure the availability of school facilities in
the Carlsbad Unified School District.
23
c. Park-in-lieu fees are required as a condition of approval.
24
d. All necessary public improvements have been provided or are required as
25 conditions of approval.
26 e. The developer has agreed and is required by the inclusion of an appropriate
condition to pay a public facilities fee. Performance of that contract and payment
27 of the fee will enable this body to find that public facilities will be available
concurrent with need as required by the General Plan.
DRB RESO NO. 330 -3-
12. The project has been conditioned to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
T Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of
public facilities and will mitigate any cumulative impacts created by the project.
4 13. This project has been conditioned to comply with any requirement approved as part of
5 the Local Facilities Management Plan for Zone 1.
6 Conditions:
7 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to approval of a
final map or the issuance of building permits, whichever occurs first.
8
If any of the following conditions fail to occur; or if they are, by their terms, to be
9 implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the Redevelopment Agency/City
shall have the right to revoke or modify all approvals herein granted; deny or further
condition issuance of all future building permits; deny, revoke or further condition all
certificates of occupancy issued under the authority of approvals herein granted;
institute and prosecute litigation to compel their compliance with said conditions or seek
damages for their violation. No vested rights are gained by Developer or a successor in
,., interest by the City's approval of this Major Redevelopment Permit and Tentative
Tract Map.
14 2. Staff is authorized and directed to make, or require the Developer to make, all
15 corrections and modifications to the Tentative Tract Map documents, as necessary to
make them internally consistent and in conformity with the final action on the project.
16 Development shall occur substantially as shown on the approved Exhibits. Any
proposed development different from this approval, shall require an amendment to this
17 approval.
18 3. The Developer shall comply with all applicable provisions of federal, state, and local
ordinances in effect at the time of building permit issuance.
19
4. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
are challenged, this approval shall be suspended as provided in Government Code
Section 66020. If any such condition is determined to be invalid this approval shall be
~~ invalid unless the Housing and Redevelopment Commission determines that the
project without the condition complies with all requirements of law.
The Developer/Operator shall and does hereby agree to indemnify, protect, defend and
24 hold harmless the Redevelopment Agency of the City of Carlsbad, its governing body
members, officers, employees, agents, and representatives, from and against any and
25 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
26 approval and issuance of this Tentative Tract Map, (b) Agency's approval or issuance
of any permit or action, whether discretionary or non-discretionary, in connection with
27 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.
DRB RESO NO. 330 -4-
1 6. The Developer shall submit to the Agency a reproducible 24" x 36", mylar copy of the
2 (Tentative Map/Site Plan) reflecting the conditions approved by the final decision
making body.
3
7. Prior to the issuance of a building permit, the Developer shall provide proof to the
4 Director from the School District that this project has satisfied its obligation to provide
school facilities.
5
8. This project shall comply with all conditions and mitigation measures which are required
6 as part of the Zone 1 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
7
9. Building permits will not be issued for this project unless the local agency providing
8 water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at
9 the time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy. A note to this effect
10 shall be placed on the Final Map.
Engineering Conditions:
12 NOTE: Unless specifically stated in the condition, all of the following conditions, upon the
13 approval of this proposed tentative map, must be met prior to approval of a final map, building
or grading permit whichever occurs first.
14
General:
15
1. Prior to hauling dirt or construction materials to or from any proposed construction site
16 within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
17 2. This approval is subject to the approval and conditions of RP 07-14 and CDP 07-25.
18 3. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other
recorded document, for maintaining the private easements within the subdivision and all
19 the private improvements (e.g. streets, sidewalks, street lights, permanent BMPs, LID,
street trees and storm drain facilities, etc.) located therein and to distribute the costs of
20 such maintenance in an equitable manner among the owners of the properties within the
subdivision.
4. Developer shall install sight distance corridors at all street intersections and driveways in
22 accordance with City Engineering Standards.
23 . .Fees/Agreements:
24 5. Developer shall cause property owner to execute and submit to the City Engineer for
25 recordation, the City's standard form Geologic Failure Hold Harmless Agreement.
6. Developer shall cause property owner to execute and submit to the City Engineer for
26 recordation the City's standard form Drainage Hold Harmless Agreement.
27 7. Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City's standard form Street Tree Maintenance Agreement.
28 8. Developer shall cause property owner to enter into a Neighborhood Improvement
Agreement with the City on a City Standard form for the future public improvement of
DRB RESO NO. 330 -5-
Ocean Street along the subdivision frontage for a half street width. Public improvements
shall include but are not limited to (paving, base, sidewalks, curbs and gutters, medians,
grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water,
fire hydrants, street lights, pedestrian ramp, retaining walls and reclaimed water).
9. Prior to approval of any grading or building permits for this project, Developer shall
cause Owner to give written consent to the City Engineer for the annexation of the area
shown within the boundaries of the subdivision into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1 and/or to the formation or annexation into an
additional Street Lighting and Landscaping District. Said written consent shall be on a
form provided by the City Engineer.
7 Grading:
8 10. Based upon a review of the proposed grading and the grading quantities shown on the
tentative map, a grading permit for this project is required. Developer shall apply for and
9 obtain a grading permit from the City Engineer prior to issuance of a building permit.
11. Developer shall obtain Geotechnical recommendations and approval for proposed
Drainage and SWMP systems shown on the site plan to avoid significant impacts
to adjacent existing structures.
12. Prior to the issuance of a grading permit or building permit, whichever occurs
first, the Developer shall complete a Project Threat Assessment Form as required
per Volume 4, Section 3 of the Carlsbad Engineering Standards and submit the
appropiate Tier level Storm Water Compliance Form and Storm Water Pollution
14 Prevention Plan (SWPPP) as determined by the completed Project Threat
Assessment Form to the satisfaction of the City Engineer.
13. Prior to the issuance of grading permit or building permit, whichever occurs first,
., Developer shall submit for City approval a "Storm Water Management Plan (SWMP)."
The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
17 Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego
Region of the California Regional Water Quality Control Board and City of Carlsbad
Municipal Code. The SWMP shall address measures to avoid contact or filter said
pollutants from storm water, to the maximum extent practicable, for the post-
19 construction stage of the project. At a minimum, the SWMP shall:
a. Identify existing and post-development on-site pollutants-of-concern.
b. Identify the hydrologic unit this project contributes to and impaired water bodies that
could be impacted by this project.
c. Incorporate Low Impact Development (LID) in the project design.
22 d. Recommend source controls and treatment controls that will be implemented with
this project to avoid contact or filter said pollutants from storm water to the maximum
23 extent practicable before discharging offsite;
Establish specific procedures for handling spills and routine cleanup. Special
24 considerations and effort shall be applied to resident/employee education on the
proper procedures for handling cleanup and disposal of pollutants.
25 f. Ensure long-term maintenance of all post-construction BMPs in perpetuity.
g. Identify how post-construction runoff rates and velocities from the site will not
26 exceed the pre-construction runoff rates and velocities to the maximum extent
practicable.
27
14. Developer shall cause property owner to process, execute and submit an executed copy
28 to the City Engineer for recordation a City standard Permanent Stormwater Quality Best
Management Practice Maintenance Agreement for the perpetual maintenance of all
DRB RESO NO. 330 -6-
treatment control, applicable site design and source control, post-construction
permanent Best Management Practices prior to the issuance of a grading permit or
building permit, or the recordation of a final map, whichever occurs first for this Project.
already public are not required to be rededicated.
7 16. 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
8 concurrent with any grading or building permit.
9 17. Developer shall provide the design of proposed drainage and SWMP system
shown on the Tentative Parcel Map in accordance with City standards and to the
1 o satisfaction of the City Engineer.
18. Developer shall execute a City standard Subdivision Improvement Agreement to install
and secure with appropriate security as provided by law, public improvements shown on
the (tentative map/site plan). These improvements include, but are not limited to paving,
base, signing & striping, sidewalks, curbs and gutters, medians, grading, clearing and
13
14
15
16
17
18
19
20
21
25
26
27
28
Dedications/Improvements
15. Developer shall cause Owner to dedicate to the City additional public pedestrian
access easement along Ocean Street and Oak Avenue as shown on the tentative
map. The offer shall be made by a certificate on the final map. All land so offered shall
be offered free and clear of all liens and encumbrances and without cost. Streets that
grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street
lights, pedestrian ramps, drainage structures, best management practices for
stormwater treatment, retaining walls and reclaimed water. Said improvements shall be
installed to City Standards to the satisfaction of the City Engineer. More specifically,
these improvements include:
a) Improvements to Ocean Street as shown on the tentative map per City
Standards to the satisfaction of City engineer.
b) Full-frontage Improvements to Oak Avenue per City Standards including
necessary pavement transitions as shown on the tentative map.
c) Public Storm Drain system as shown on the tentative map.
d) Potable water services as shown on the tentative map.
(A list of the above shall be placed on an additional map sheet on the
(FINAL/PARCEL) Map per the provisions of Sections 66434.2 of the Subdivision
22 Map Act). Improvements listed above shall be constructed within 18 months of
approval of the subdivision or development improvement agreement or such other
time as provided in said agreement.
24 19. Developer shall post security for the design and construction of said improvements. The
Agreement shall be kept in force and security kept valid for a period of 5-years after the
last building permit has been issued within this Development.
Final Map Notes
Add the following notes to the final map as non-mapping data.
20. All improvements are privately owned and are to be privately maintained with the
exception of the following:
21. Improvements to Ocean Street as shown on the tentative map per City
DRB RESO NO. 330 -7-
Standards to the satisfaction of City engineer.
7 22. Full-frontage Improvements to Oak Avenue per City Standards including
3 necessary pavement transitions as shown on the tentative map.
4 23. Public Storm Drain system as shown on the tentative map.
5 24. Potable water services as shown on the tentative map.
6 25. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
26. Geotechnical Caution:
8 a) The owner of this property on behalf of itself and all of its successors in interest
has agreed to hold harmless and indemnify the City of Carlsbad from any action
that may arise through any geological failure, ground water seepage or land
10 subsidence and subsequent damage that may occur on, or adjacent to, this
subdivision due to its construction, operation or maintenance.
27. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to
12 encroach within the area identified as a sight distance corridor as defined by City of
Carlsbad Engineering Standards.
13 Utilities
^ 28. Prior to approval of improvement plans or final map, Developer shall meet with the Fire
Marshal to determine if fire protection measures (fire flows, fire hydrant locations,
building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be
16 considered public improvements and shall be served by public water mains to the
satisfaction of the District Engineer.
17 29. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities.
18 30. The Developer shall install potable water services and meters at locations approved by
19 the District Engineer. The locations of said services shall be reflected on public
improvement plans.
20 31. The Developer shall install potable water services and meters at a location approved by
the City Engineer. The locations of said services shall be reflected on either new public
improvement plans or via a revision to an existing improvement plan subject to City
22 processes and fees.
32. The Developer shall install sewer laterals and clean-outs at locations approved by the
23 District Engineer. The locations of sewer laterals shall be reflected on public
improvement plans.
24 33. The Developer shall design and construct public water and sewer, facilities substantially
25 as shown on the tentative map to the satisfaction of the District Engineer.
34. The design and operation of the proposed water system shall comply with the following:26
a) Sub-meters may be installed for portions of this project. The sub-meters shall be
27 privately owned and maintained by the Property Owners Association (POA) or
Operator of this facility. It shall be the responsibility of the POA/Operator to
28 apportion the water bill to the separate sub-metered ownership within each
building served by a City water meter.
DRB RESO NO. 330 -8-
b) Prior to issuance of building permits for this project, the owner shall create an
impound account to be funded with an amount equal to an estimated three months
of water bill payments for the entire project.
c) Owners and tenants of the units shall be notified that the City may shutoff water
4 service to the entire building if adequate payment of the water.bill is not made.
5 d) The project CC&R's shall include wording satisfactory to the City Engineer relating
to the provisions of conditions a), b) and c) above. The CC&Rs shall also include
6 language stating that the CC&R provisions related to water meters cannot be
changed without the approval of the City Engineer.
7
35. Developer.shall evaluate in detail the entire potable water, recycled water, and sewer
8 system to ensure that adequate capacity, pressure, and flow demands can be met to the
satisfaction of the District Engineer.
9 36. The Developer shall submit a detailed sewer study, prepared by a Registered Engineer,
IQ that identifies the peak flows of the project, required pipe sizes, depth of flow in pipe,
velocity in the main lines, and the capacity of the existing infrastructure. Said study shall
11 be submitted concurrently with the improvement plans for the project and the study shall
be prepared to the satisfaction of the District Engineer.
12
37. The Developer shall submit a detailed potable water study, prepared by a Registered
13 Engineer that identifies the peak demands of the project (including fire flow demands).
The study shall identify velocity in the main lines, pressure zones, and the required pipe
.14 sizes. Said study shall be submitted concurrently with the improvement plans for the
project and the study shall be prepared to the satisfaction of the District Engineer.
15
Special Conditions16 -*
1. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on
1' the tentative map are for planning purposes only. Developer shall pay traffic impact and
sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad
Municipal Code, respectively.
19 Carlsbad Municipal Water District
20 2. Prior to approval of improvement plans or final map, Developer shall meet with the Fire
21 Marshal to determine if fire protection measures (fire flows, fire hydrant locations,
building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be
22 considered public improvements and shall be served by public water mains to the
satisfaction of the District Engineer.
23
3. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
24 for connection to public facilities. Developer shall pay the San Diego County Water
Authority capacity charge(s) prior to issuance of Building Permits.
4. The Developer shall install potable water services and meters at a location approved by
26 the District Engineer. The locations of said services shall be reflected on public
improvement plans.
_„ 5. The Developer shall install sewer laterals and clean-outs at a location approved by the
District Engineer. The locations of sewer laterals shall be reflected on public
improvement plans.
DRBRESONO. 330 -9-
1
6. The Developer shall design and construct public water, sewer, and recycled water
facilities substantially as shown on the tentative map to the satisfaction of the District
3 Engineer. Proposed public facilities shall be reflected on public improvement plans.
4 7. The Developer shall provide separate potable water meters for each separately owned
unit.
5
Standard Code Reminders:
6
8. This approval shall expire twenty-four (24) months from the date this tentative map
7 approval becomes final unless extended per section 20.12.100 of the Carlsbad Municpal
Code.
8
9. This approval is granted subject to the approval of RP 07-14 and CDP 07-25 and is
9 subject to all conditions contained in Design Review Board Resolution No. 328 and
329 for those other approvals and incorporated by reference herein.
10. 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.
11. Some improvements shown on the tentative parcel map and/or required by these
14 conditions are located offsite on property which neither the City nor the owner has
sufficient title or interest to permit the improvements to be made without acquisition of
15 title or interest.
16 12. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on
the Tentative Map are for planning purposes only. Developer shall pay traffic impact
17 and sewer impact fees based on Section 18.42 and Section 13.10 of the City of
Carlsbad Municipal Code, respectively.
18
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26
27
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DRB RESO NO. 330 -10-
1 NOTICE
2
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
3 reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
4
You have 90 days from the date of final approval to protest imposition of these fees/exactions.
5 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
6 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
7 annul their imposition.
8 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.
12 . PASSED, APPROVED, AND ADOPTED at a meeting of the Design Review Board of
13 the City of Carlsbad, California, held on the 2nd day of June, 2008, by the following vote to wit:
14 AYES: BAKER, LAWSON, PRIETTO, SCHUMACHER AND WHITTON
15 NOES: NONE
ABSENT: NONE
16
ABSTAIN: NONE
17 "
18
tONY'LAWSON, CHAIRPERSON
DESIGN^EVIEW BOARD
20 ATTEST:
21
22 DEBBIE FOUNTAIN
23 HOUSING AND REDEVELOPMENT DIRECTOR
24
25
26
27
28
DRB RESO NO. 330 -11-
EXHIBIT 4
DESIGN REVIEW BOARD STAFF REPORT
JUNE 2, 2008
City of Carlsbad Housing and Redevelopment Department
A REPORT TO THE DESIGN REVIEW
BOARD
Application Complete Date: Staff: Austin Silva
February 13, 2008 Tecla Levy
Environmental Review:
Categorical Exemption
ITEM NO. 1
DATE: June 2, 2008
SUBJECT: RP 07-14/ CDP 07-25/ CT 07-11/ "Lumiere Carlsbad Village Hotel": Request
for a Major Redevelopment Permit, Tentative Tract Map, and Coastal
Development Permit to allow the construction of a four-story, mixed-use project
with 39 hotel rooms, 10 market rate condominiums, 2 affordable housing units
and a 2,815 square foot restaurant on property located at 3100 and 3150 Ocean
Street in Land Use District 9 of the Carlsbad Village Redevelopment Area.
I. RECOMMENDATION
That the Design Review Board ADOPT Design Review Board Resolutions No. 328, 329, and
330 recommending APPROVAL of RP 07-14, CDP 07-25, and CT 07-11, to the Housing and
Redevelopment Commission based on the findings and subject to the conditions contained
therein.
II. 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 greater than $150,000. This
Major Redevelopment Permit also serves as the site development plan required by Chapter
21.53 of the Carlsbad Municipal Code. The project also requires the approval of a Tentative
Tract Map and a Coastal Development Permit due to the fact that the subject site is located
within the Coastal Zone.
The Design Review Board is being asked to hold a public hearing on the permit requested,
consider the public testimony and staff's recommendation on the project, discuss the project
and then take action to recommend approval or denial of the project.
III. PROJECT DESCRIPTION AND BACKGROUND
The applicant, Bob Ladwig, is requesting to construct a mixed-use project with a boutique hotel
component containing 39 rooms, 10 market rate condominiums, 2 affordable housing units, and
a 2,815 square foot restaurant on property located at 3100 and 3150 Ocean Street. The
subject property is bordered by Ocean Street and a public parking lot to the west; Carlsbad Inn
Beach Resort to the north; a surf shop and restaurant to the south; and a multi-family
residential building to the east. The subject property consists of two-separate parcels (203-250-
21, 22) that are currently owned by two separate owners. There are currently 12 vacation
rentals on one parcel and 9 vacation rentals on the second parcel. The total site area is .54
acres and is located within the Village Redevelopment Area with frontage along Ocean Street.
'-•o
LUMIERE CARLSBAD VILLAGE HOTEL
JUNE 2, 2008
PAGE 2
The proposed project consists of the construction of a 16,697 square foot, four-story boutique
hotel with on-site amenities including a full-service rooftop restaurant with ocean views, rooftop
pool, fitness center, courtyard with a water feature and fire pits, and a beach fountain off Ocean
Street for guests to wash sand off of their feet upon entering the property. There are 10
market-rate condominiums ranging in size from 1,578 to 2,117 square feet. Also included as
part of the project are two low-income affordable housing units at 452 and 503 square feet.
On-site improvements include 104 underground parking spaces with designated spaces for
residents and their guests, the addition of two on street public parking spaces on Oak Avenue,
exterior lighting, and fencing around the perimeter of the property w/lattice panels to
accommodate vine pockets. The various hotel rooms are broken down into standard guest
rooms and suites which have kitchen facilities. The following chart shows the breakdown of
room type per floor:
1st Floor
2nd Floor
3ra Floor
4m Floor
Total
Standard
Guest Room
11
5
5
2
23
Suite
4
5
5
2
16
Total
15
10
10
4
39
IV.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 General Plan objective is to implement the
Redevelopment Plan through the comprehensive Village Master Plan and Design Manual.
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 coastal highways (Carlsbad Boulevard) 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 uses on the subject property with a new mixed-use
building. The General Plan objective is to implement the Redevelopment Plan through the
comprehensive Village Master Plan and Design Manual. By providing more hotel lodging and
residential units, the project helps to create a lively, interesting social environment by
encouraging and increasing the opportunity for 24-hour life in the Village, which provides the
necessary customer base to attract complementary uses. The project reinforces the
pedestrian-orientation desired for the downtown area with a location that provides an
opportunity for hotel patrons to walk to shopping, recreation, and mass transit functions. The
project's proximity to existing bus routes and mass transit will help to further the goal of
providing new economic development near transportation corridors. Furthermore, the project
LUMIERE CARLSBAD VILLAGE HOTEL
JUNE 2, 2008
PAGE 3
will provide a strong street presence with extensive architectural relief, including outdoor
balconies looking out over Ocean Street and parking that is contained within an underground
garage. Overall, the proposed mixed-use project will enhance the Village as a place for living,
working, and accommodating visitors/tourists to the area.
V. CONSISTENCY WITH VILLAGE REDEVELOPMENT AREA VISION. GOALS AND
OBJECTIVES
The proposed project will be able to address a variety of objectives as outlined within the Village
Master Plan and Design Manual as follows:
Goal 1: Establish Carlsbad Village as a Quality Shopping, Working and Living Environment.
The proposed project will result in the development of additional lodging, living, and dining
opportunities within the visitor-serving Tourism Support Area (District 9) that is close to the retail
and commercial core of the Village Center (District 1). The proposed project is highly
compatible with the surrounding area and contributes to establishing the Village as a quality
shopping, working, and living environment by providing additional lodging for visitors who will
shop and dine within the Village adding to the lively environment within the downtown area.
The attractive architectural design of the project will serve to enhance the site and the
surrounding area.
Goal 2: Improve the Pedestrian and Vehicular Circulation in the Village Area. The absence of
at-grade parking improves pedestrian and vehicular circulation in the area by eliminating the
need for additional curb cuts. Additionally, the proposed project will be in close proximity to
both bus and rail mass transit options and will thus encourage and promote the use of mass
transit, further improving vehicular circulation in the Village.
Goal 3: Stimulate Property Improvements and New Development in the Village. The Master
Plan and Design Manual was developed in an effort to stimulate new development and/or
improvements to existing buildings in the Village. The intent is that new development or
rehabilitation of existing facilities will then stimulate other property improvements and additional
new development. The proposed project will assist in the continued effort to improve the
Village Redevelopment Area, specifically in the Tourism Support Area (District 9) by providing
for an appropriate intensity of development that is compatible with surrounding area. It is staff's
opinion that the development of the subject property will also provide an additional catalyst for
further redevelopment along Carlsbad Boulevard.
Goal 4: Improve the Physical Appearance of the Village Area. The project has a design that is
visually appealing. The architecture of the new structure meets the requirements of the design
guidelines for the Village. Construction of the proposed project will reinforce the Village
character with appropriate site planning and architectural design and materials that comply with
City standards and requirements. In addition, the proposed project will establish a hotel with
scale and character that is appropriate along Ocean Street.
VI. CONSISTENCY WITH ZONING DESIGNATION & LOCAL COASTAL PLAN
As set forth in the Village Master Plan and Design Manual, mixed-use projects are classified as
permitted uses within Land Use District 9 of the Village Redevelopment Area. Permitted uses
are defined as those uses which are permitted by right because they are considered to be
consistent with the vision and goals established for the district. Although these land uses may
be permitted by right, satisfactory completion of the Design Review Process and compliance
LUMIERE CARLSBAD VILLAGE HOTEL
JUNE 2, 2008
PAGE 4
with all other requirements of the Redevelopment Permit Process is still required.
The overall vision for the development of District 9 (Tourism Support) is to accommodate a wide
mix of uses with an emphasis upon facilities, goods and services for tourists and regional
visitors traveling along the coast. High quality hotels, restaurants, and retail shops are
emphasized and multi-family development is permitted as part of a mixed-use project.
Permitted land uses in District 9 include hotels, restaurants, tourist retail, and mixed-use
developments. Staff believes that the proposed project achieves this vision by providing a
highly desirable boutique hotel project, which promotes tourist lodging to the travelers along the
coastal highway, while remaining sensitive to the adjacent residential uses to the east through
scale and design. The architectural design and site planning of the project helps to ensure that
the residential portions of Oak Avenue remain a quality residential neighborhood.
Redevelopment goals are met by the project through 1) consistency with the Village Master
Plan and Design Manual, 2) removal of vacation rentals (12) and residential units (9) which
have exceeded or nearly exceeded their useful life and, 3) by improving utilization of the site by
increasing the number of visitor accommodation units from 21 to 39 and providing a high quality
roof top restaurant with incredible ocean views, which has been a top priority request by visitors
and residents alike for many years. The project will enhance access to the beach and other
coastal resources through the additional rooms and the restaurant.
The proposed project supports the Village character for the area. The project is located in
close proximity to mass transit, parks, the beach, retail, and commercial services. The project
is consistent with the Village Master Plan and Design Manual and has also been determined to
be consistent with the General Plan, as related to the Village Redevelopment Area.
Development of the subject property will serve as a catalyst for future projects and help to
promote the Village Design further within District 9.
As additional information, it is staff's opinion that the project is also consistent with the Coastal
Act requirement to provide visitor accommodations for all income levels. There has only been
one new hotel constructed in the Village Redevelopment Area in the last 20 years. It is
Extended Stay America and currently has daily rates of less than $100. All the remaining
accommodations (16 properties) are more than 20 years old and have current daily rates
ranging from $55 to $248. A total of 11 of the properties have current daily rates which are less
than $200 and four of those properties are less then $100. From a redevelopment standpoint,
a high end quality hotel is lacking from the Village, and this project helps with the revitalization
efforts for the Village Redevelopment Area.
In addition, the site is located within the Coastal Zone. Therefore, consistency with the Village
Local Coastal Program is applicable to this project. The Village Master Plan and Design
Manual functions as the Local Coastal program for the area. Therefore, as long as the project is
consistent with the Village Master Plan and Design Manual, the project is consistent with the
Local Coastal Program. Staff finds the proposed use to be consistent with the Village Master
Plan and Design Manual and therefore the Local Coastal Program. A coastal development
permit is being processed concurrently with the redevelopment permit.
V- CONSISTENCY WITH DEVELOPMENT STANDARDS
The project complies with all development standards and design criteria specified by the
applicable ordinances as follows:
LUMIERE CARLSBAD VILLAGE HOTEL
JUNE 2, 2008
PAGES
Building Setbacks: The Village Master Plan and Design Manual establishes the front,
rear and side yard setbacks for the property. In Land Use District 9, the required front yard
setback is 5-20 feet, the required side yard setback is 5-10 feet, and the rear yard setback is 5-
15 feet. All setbacks are measured from property lines. The front yard setback of the proposed
building varies from 5 to 16 feet from the front property line. The street side yard setback
varies from at 5 to 17 feet and the south side yard setback varies from 5 to 19 feet. The rear of
the building is located 5 feet from the rear property line. All of the setbacks fall within or the set
ranges.
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. However, a reduction in the standard to the
minimum, or anywhere within the range, may be allowed if the project warrants such a
reduction and the following findings are made by the Housing & Redevelopment Commission:
1. The reduced standard will not have an adverse impact on surrounding properties.
2. The reduced standard will assist in developing a project that meets the goals of the
Village Redevelopment Area and is consistent with the objectives for the land use
district in which the project is to be located.
3. The reduced standard will assist in creating a project design which is interesting and
visually appealing and reinforces the Village character of the area.
The findings required allowing a reduction in the setbacks for the front and rear at a level below
the maximum but within the standard range are as follows. First, the proposed setbacks will not
have an adverse impact on surrounding properties as the reduced setbacks will allow for the
parking to be visually subordinated and contained entirely within the structure. Visual and noise
impacts to adjacent residents will be reduced by allowing the parking to be contained within an
underground garage and allowing the associated proposed setbacks. Second, the reduced
standard will assist in developing a project that meets the goals of the Village Redevelopment
Area and is consistent with the land use objectives in that the project will replace two outdated
and non-conforming structures with a visually appealing project with a scale and character that
will improve the appearance and condition of the current Village lodging and housing stock.
The project will help to stimulate property improvements and further new development in the
Village. The mixed-use component of the project will help to further establish Carlsbad Village
as a quality lodging, living, and eating environment. Lastly, the reduced standard will assist in
creating a project design that is interesting and visually appealing and reinforces the Village
character of the area through setbacks that provide adequate space for balconies, decorative
paving at the ground floor, and allows building recesses and relief along the various building
planes. The reduced standard will assist in creating greater architectural articulation adjacent
to the street and will assist in the effort to make the building visually interesting and more
appealing which is a primary goal of the Village Design guidelines in reinforcing the Village
character. Based on these findings, it is staff's opinion that the proposed project satisfies the
setback requirements set forth for Land Use District 9.
The Design Review Board will be required to make appropriate findings to grant variances for
the side yard setbacks that exceed the maximum range of 10 feet. 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 may be approved by the Design
Review Board for a Major Redevelopment Permit 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 that
LUMIERE CARLSBAD VILLAGE HOTEL
JUNE 2, 2008
PAGE 6
exceeds the top of the range may only be granted if the project meets one or more of the
following criteria:
1. 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 first criteria noted above for allowing front yard setbacks, which exceed the maximum
standard (range) are justified as follows. The subject project is in a location with varying
setbacks. Carlsbad Inn across Oak Street uses varying setbacks, and is setback significantly
from Carlsbad Boulevard, the street on which the hotel has frontage. The variation of setbacks
also assists in creating a more visually appealing project, as it will prevent the building from
having continuous flat walls. The varied setbacks of the project along the north side yard and
south side yard allow for a larger landscaped area, which is strongly encouraged in the Village
Design Guidelines as a way to maintain and reinforce the Village character. Therefore, staff
believes that the increased setback is consistent with the area and will reinforce the Village
character.
In addition to the criteria noted above for considering a variance for a setback standard that
exceeds the top of the range, Carlsbad Municipal Code Section 21.35 sets forth the required
findings necessary to grant the requested variance. In order to approve the requested
variances to exceed the maximum setback on the sides of the property, the Design Review
Board must be able to make all four findings contained within Carlsbad Municipal Code Section
21.35 and noted before. Staff offers the following justification for granting the requested
variances to exceed the front and west side yard setback standards:
Variance Finding #1: Because of special circumstances applicable to the subject property,
including size, shape, topography, location or surroundings, the strict application of the zone
regulation deprives such property of privileges enjoyed by other property in the vicinity and
under identical zoning classification. Justification: Due to the location of the property being
caddy corner from single-family residences, it is important to set back the building at the corner
that is closest to such units in order to lessen the impact the building will have on surrounding
properties. The increased setback area will be devoted to landscaping, to help buffer the edge
of the property. This will assist in lessening the impact of a commercial development that is
located near residential uses.
Variance Finding #2: The variance shall not constitute a grant of special privileges inconsistent
with the limitations upon other properties in the vicinity and zone in which the subject property is
located. Justification: By allowing the proposed setbacks, the subject property will not be
granted any special privileges. The purpose for the increase in setbacks is to allow for a better
design of the building. The project will not benefit financially in any way by having an increased
LUMIERE CARLSBAD VILLAGE HOTEL
JUNE 2, 2008
PAGE?
side yard setbacks. If anything, the project will be losing usable square footage by having
varying side yard setbacks.
Variance Finding #3: The variance does not authorize a use or activity, which is not otherwise
expressly authorized by the zone regulation governing the subject property. Justification: The
variances do not authorize a use or activity, which is not expressly authorized by the zone
regulation governing the subject property, as a mixed-use project is a permitted use within Land
Use District 9 of the V-R zoning as long as the ground floor is dedicated to a commercial use.
Variance Finding #4: The variance is consistent with the general purpose and intent of the
general plan, Carlsbad village area redevelopment plan, and the Carlsbad Village
Redevelopment 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
conditions associated with many of the properties in the redevelopment area. A majority of the
building is setback at 5 feet on both side yards. There are small portions of the building where
the setbacks actually exceed the maximum of the range. The impact of the side yard setback
exceeding the maximum of the range will be very minimal. Additionally, the project is consistent
with the general purpose of the general plan and the Carlsbad Village Area Redevelopment
Plan.
Based on these variance findings, it is staff's recommendation that the proposed project
warrants the granting of a variance to allow building setbacks that exceed the established
range for the front yard setback and west side yard setback of the property.
Building Coverage: The range of building footprint coverage permitted for mixed-use
projects in Land Use District 9 is 60% to 80%. For the proposed project, the building coverage
is 71% which is within the established range. The bottom of the range is considered the
desired standard. However, an increase in the standard to the maximum, or anywhere within
the range, may be allowed if the project warrants such an increase and the following findings
are made by the Housing & Redevelopment Commission:
1. The increased standard will not have an adverse impact on surrounding properties.
2. The increased standard will assist in developing a project which meets the goals of the
Village Redevelopment Area and is consistent with the objectives for the land use
district in which the project is located.
3. The reduced standard will assist in creating a project design which is interesting and
visually appealing and reinforces the village character of the area.
The proposed building coverage is consistent with the building coverage for many of the
properties within the Village. The project provides ample setbacks on both the south (side yard
setback) of 5 feet and the east (rear yard setback) of 5 feet allowing for a building coverage of
71%, which will not negatively impact the adjacent residential uses. First, the proposed building
coverage will allow for the parking to be visually subordinated and contained entirely within an
underground garage thereby reducing visual and noise impacts to adjacent properties. Second,
the proposed building coverage standard provides for the intensification of development desired
for the area and a building with a strong street presence, which assists in creating a project
design that is appealing and is consistent with the objectives for Land Use District 9. Third, the
proposed building coverage will assist in creating a project design that is interesting and visually
appealing and reinforces the Village character of the area through building coverage that
provides adequate space for landscaped planter areas, decorative paving at the ground floor, a
LUMIERE CARLSBAD VILLAGE HOTEL
JUNE 2, 2008
PAGE 8
fountain with a foot wash for sand, and allows building recesses and relief along the various
building planes for architectural enhancement. Based on these findings, it is staff's position that
the proposed building coverage'is consistent with the desired standard.
Building Height: The height limit for Land Use District 9 is 35 feet with a minimum 5:12
roof pitch. Per the Village Master Plan, however, the maximum height may be increased to 45
feet for any project where residential or commercial space is located over a parking structure.
The project proposes a maximum roof height of 45 feet with the required 5:12 roof pitch. The
building height is in compliance with the established standard set forth in the Village Master
Plan.
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. Per the Village Master Plan (which supercedes all other
regulatory documents), open space may be dedicated to landscaped planters, open space
pockets and/or connections, roof gardens, balconies, and/or patios. Qualified open space for
the proposed project includes: landscape and hardscape on the ground floor of the front, rear,
and sides of the building, balconies, and a rooftop deck area. The project provides for a total of
12,503 square feet of open space, which represents 47% of the site and is consistent with the
open space requirement. Landscape and hardscape on the ground floor alone (excluding the
private balconies and roof gardens) equates to 19% of the site and the roof decks/patios and
balconies encompass the remaining 28%.
Parking: The parking requirement for the hotel portion of the project is 1.2 spaces per
hotel room. The parking requirement for the residential portion of the project is 2 parking
spaces per unit for those with two bedrooms or more and 1.5 spaces for the studio units and .5
guest parking space per unit. For the restaurant portion of the project, 1 space per 100 square
feet of floor area is required.
As a result, the parking requirement for the 39 hotel rooms, 10 two bedroom or more units, 2
studio units, and the 2,815 square foot restaurant space is 104 parking spaces [(39x1.2)= 46.8
+ (2.5x10)=25 + (2x2)=4 + (2,815/100)=28.2 = 104]. The project provides 104 spaces within 2
levels of underground parking. The 25 residential parking spaces are separated from the hotel
and restaurant parking by a security gate that will be activated by a remote. Parking spaces will
not be visible from the public street as the spaces are contained entirely within an underground
garage. Also, the applicant was able to provide two additional public parking spaces along Oak
Avenue. With the proposed parking the project satisfies the parking requirements.
Residential Density: The Village Master Plan and Design Manual does not set forth
specific densities in the land use districts that permit residential uses. Instead, an appropriate
General Plan residential density is to be determined for each project based upon compatibility
findings with the surrounding area. Maximum project density may not exceed the Growth
Management Control Point (GMCP) for the applicable density designation unless a density
increase or bonus is granted in accordance with Chapters 21.53 and 21.86 of the Carlsbad
Municipal Code. Appropriate findings must also be made per Chapter 21.90 of the Carlsbad
Municipal Code to exceed the GMCP.
After considering the goals and objectives of the Village Redevelopment Area, the vision for
Land Use District 9, and surrounding land uses, staff is recommending a High Density
Residential (RH) General Plan Designation for the subject property. Justification for the RH
LUMIERE CARLSBAD VILLAGE HOTEL
JUNE 2, 2008
PAGE 9
General Plan density designation is as follows:
1. The density is compatible with the surrounding area which contains a variety of uses
including residential, commercial, and restaurant. Residential uses in the area range from
single family residential to high-density multi-family residential. Application of the RH
General Plan designation on the subject property allows for the construction of a project that
is compatible with the mixture of surrounding uses in terms of size, scale, and overall
density.
2. The RH General Plan density designation serves to satisfy the goals of the Village
Redevelopment Master Plan by increasing the number, quality, diversity, and affordability of
housing units within the Village. The higher density designation makes it financially feasible
to construct the multi-family units in today's economy and to provide two (2) on-site units to
affordable to low-income households. The Village Redevelopment Area has an abundance
of existing residential rental units, but few condominiums have been developed in the area
since prior to the inception of the redevelopment plan in 1981.
3. The RH General Plan density designation serves to satisfy the objectives of Land Use
District 9 by increasing the number of residential units in close proximity to shops,
restaurants, and mass transportation (Bus & Village Coaster Station). Higher residential
densities in close proximity to mixed-use areas with easy access to mass transportation
promote greater job/housing balance and help solve regional issues such as reduced traffic
congestion and improved air quality.
The RH designation allows for a density range of 15 to 23 dwelling units per acre with a Growth
Management Control Point (GMCP) of 19 dwelling units per acre. The site area for the
proposed project is .54 acres (23,087 square feet), which will accommodate 10.26 dwelling
units per the GMCP. As discussed below, the project applicant is requesting a density increase
to accommodate a total of 12 dwelling units. With 12 dwelling units proposed, the project
results in a density of 22.2 dwelling units per acre, which is above the GMCP of the RH density
range (19 dwelling units per acre), but within the density range (15-23 dwelling units per acre).
In accordance with the Growth Management Ordinance specific findings regarding the
availability of public facilities must be made in order to approve a density increase above the
GMCP. The proposed project complies with these findings because all necessary public
improvements and facilities to accommodate the proposed development have been provided or
are required as conditions of project approval. In addition, there have been sufficient
developments approved in the northwest quadrant at densities below the control point to offset
the units in the project above the control point so that approval will not result in exceeding the
quadrant limit. Justification for meeting the findings of the Growth Management Ordinance to
allow a density that exceeds the GMCP has been incorporated into the attached DRB
Resolution No. 328.
Inclusionary Housing Requirements: All residential projects within the Village
Redevelopment Area are subject to the City's Inclusionary Housing Ordinance, Chapter 21.85
of the Carlsbad Municipal Code, and those requirements imposed by Redevelopment Law. In
accordance with Redevelopment Law, 15% of the private housing units constructed within a
redevelopment area must be affordable to low and moderate income persons, of which not less
than 40% (or 6% of the total units) must be affordable to very low income households. In
addition, the City's Inclusionary Housing Ordinance requires that 15% of the total housing units
be set aside for low-income households.
LUMIERE CARLSBAD VILLAGE HOTEL
JUNE 2, 2008
PAGE 10
In order to satisfy the inclusionary housing requirements for the project, the applicant must
provide 2 housing units (15% x 12 units) affordable to low-income households. The applicant
has agreed to enter into an affordable housing agreement to deed restrict two units within the
project for purposes of providing housing which is affordable to low income households for a
period of forty-five (45) years with the assumption that the Redevelopment Agency wishes to
receive credit for production of said units to satisfy its inclusionary requirements.
DRB Resolution No. 328 includes a condition requiring the developer to enter in an affordable
housing agreement prior to the approval of the Final Map for the project in accordance with the
requirements for for-sale inclusionary units as outlined in Section 21.85.040(E) of the Carlsbad
Municipal Code. With the provision of two affordable housing units and the execution of the
required affordable housing agreement the project will satisfy its inclusionary housing
requirement.
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:
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 roof heights; building articulation on all elevations; and the use
of wood shingles and panels. The project incorporates informal landscaping along the perimeter
of the property, which works well with the building design. The building provides for a variety of
architectural features and details, which in addition to those previously described include
divided-pane windows, decorative light fixtures, decorative wood panels, and a gazebo roof on
the rooftop deck area. A summary of the design features related to the project is provided as
an exhibit to this report.
VII. TRAFFIC. CIRCULATION. SEWER. WATER. RECLAIMED WATER AND OTHER
SPECIAL CONSIDERATIONS
The project, as conditioned, shall comply with the City's requirements for the following:
LUMIERE CARLSBAD VILLAGE HOTEL
JUNE 2, 2008
PAGE 11
Traffic & Circulation:
Projected Average Daily Traffic (ADT): 688
Traffic Study was prepared by Urban Systems Associates, Inc., dated January 21, 2008.
Comment: Hotel (39 Rooms) - 312 ADT; Restaurant (2801 sq feet) - 280 ADT; Codominium
(12DU)-96ADT.
Sewer:
Sewer District: City of Carlsbad
Sewer EDU's Required: 53
Comment: Project is proposing to connect to an existing public sewer main along Oak Avenue.
Water:
Water District: Carlsbad Municipal Water District
GPD required: 4,250 GPD
Comment: Project is proposing to connect to an existing public sewer main along Oak Avenue.
Soils & Grading:
Quantities: 22,020 CY
Cut: 22,030 cy Fill: n/a Export: 22,010 Remedial: n/a
Permit required: Yes
Off-site approval required: N/A
Hillside grading requirements met: N/A
Preliminary geo-technical investigation performed by: Southern California Soils and Testing,
Inc., dated July 31, 2007.
Drainage & Erosion Control:
Drainage basin: Basin B of Carlsbad Master Drainage Plan.
Preliminary hydrology study performed by: Aquaterra Engineering
Erosion Potential: Low
Comment: The project will construct a private drainage system that connects the existing
18" RCP public storm drain along Ocean Street. The project is proposing an underground
detention facility to detain at least 2 cfs. The existing storm drain system along Oak Avenue
ultimately drains to Ocean Street.
LUMIERE CARLSBAD VILLAGE HOTEL
JUNE 2, 2008
PAGE 12
Water Quality / NPDES:
Receiving Water: Pacific Ocean.
Receiving Water Body 303(d) impaired: Pacific Ocean is impaired with the following pollutants
of concern: Bacterial Indicators.
Priority Project per RWQCB Order 2007-01: Yes
Treatment BMP: The project is proposing an infiltration system on-site.
Best Management Practices: Landscaping, swales, roof drain filters, pervious pavement and
infiltration system.
Comment: The project has prepared a Preliminary Storm Water Management Plan (SWMP),
and has been conditioned to prepare a Final SWMP with an enhanced level of Best
Management Practices (BMPs). The proposed infiltration System will be privately maintained
and operated by the Owner.
Land Title:
Conflicts with existing easement: None.
Easement dedication required: No
Site boundary coincides with land title: Yes
Comment: The two lots will be consolidated into one per final map.
Improvements:
The project will construct full half width improvements of Oak St and Ocean street from curb to
centerline, including but not limited to driveways, paving, curb and gutter, sidewalk, under
grounding or relocation of utilities water & sewer services, drainage structures, all necessary
transitions to existing improvements as shown on Tentative Map.
Standard variance required: No.
Comment: No major improvement issues are associated with this proposed project.
X. ENVIRONMENTAL REVIEW
Environmental review of the project has been conducted pursuant to the Guidelines for
Implementation of the California Environmental Quality Act (CEQA) and the Environmental
Protection Ordinance of the City of Carlsbad. As a result of said review, the Planning Director
has found the project to be exempt from environmental review pursuant to Section 15332 of the
State CEQA Guidelines as an infill development project. The necessary finding for this
environmental determination is included in the attached Design Review Board resolution.
Furthermore the project meets all the conditions described in Section 15332 of the State CEQA
Guidelines which are described in further detail below.
First, the Project is consistent with the applicable "Village" General Plan designation and all
applicable General Plan policies, as well as with the applicable "Village - Redevelopment"
LUMIERE CARLSBAD VILLAGE HOTEL
JUNE 2, 2008
PAGE 13
zoning designations. 14 Cal Code Regs § 15332(a). Second, the Project is located within the
City limits at 3150 Ocean Street, on a site that is less than five acres (0.54 acres), and is
substantially surrounded by existing urban uses. Id. at § 15332(b). Third, the site has no value
as a habitat for endangered, rare or threatened species because it is currently occupied by the
Sea Breeze and Beachwalk Villas, which are urban developments. Id. at § 15332 (c) Fourth,
the project will not result in any significant effects relating to traffic, noise, air quality, or water
quality as determined by an analysis of the existing and post-project conditions. Id. at § 15332
(d). And, finally, the existing public utilities and services will continue to provide adequate
service after Project development. Id. at § 15332 (e). Therefore, the Project is categorically
exempt.
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 and out-dated
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 desired visitor serving development and elimination of a blighting
influence within the area.
XII. CONCLUSION
Staff is recommending approval of the project. 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 as well as the Local Coastal Program.
EXHIBITS:
1. Design Review Board Resolution No. 328 (RP 07-14)
2. Design Review Board Resolution No. 329 (CDP 07-25)
3. Design Review Board Resolution No. 330 (CT 07-11)
4. Staff Analysis of Project Consistency with Village Master Plan Design Guidelines.
5. Public comments
6. Location Map
7. Exhibits "A - R", dated June 2, 2008, including reduced exhibits.
VILLAGE MASTER PLAN DESIGN GUIDELINES
CHECKLIST
; f „-/ ~-^*i'~ i< JJ.^>* r ' '-1Site Planning: • :. v-y'^v//-^ >;;'-/
Provide variety of setbacks along any single commercial
block front.
Provide benches and low walls along public pedestrian
frontages.
Maintain retail continuity along pedestrian-oriented
frontages.
Avoid drive-through service uses.
Minimize privacy loss for adjacent residential uses.
Encourage off-street courtyards accessible from major
pedestrian walkways.
Emphasize an abundance of landscaping planted to
create an informal character.
Treat structures as individual buildings set within a
landscaped green space, except for buildings fronting on:
Carlsbad Village Drive, State Street, Grand Avenue,
Carlsbad Boulevard and Roosevelt Street
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Parking and Access: „ 4 , v '- x • ;*•,_ ^fegS >; ;..'.?•'. 'f-'j& •
Provide landscaping within surface parking lots
Provide access to parking areas from alleys wherever
possible.
Locate parking at the rear of lots.
Devote all parking lot areas not specifically required for
parking spaces or circulation to landscaping.
Avoid parking in front setback areas.
Avoid curb cuts along major pedestrian areas.
Avoid parking in block corner locations.
Provide setbacks and landscaping between any parking
lot and adjacent sidewalks, alleys or other paved
pedestrian areas.
Project: Lumiere Carlsbad Village Hotel
A variety of setbacks is provided.
A fountain is provided along Ocean Street with a
ledge wide enough for seating.
The proposed project will not conflict with retail
continuity.
The project does not include a drive-thru.
Adequate setbacks are provided along the east
side of the property to minimize privacy loss for
adjacent residential uses.
The nature of the use does not warrant off-street
courtyards for pedestrian use. However, a water
feature with a seating area around it is provided off
of Ocean Street.
Landscaped areas along the front, sides, and rear
of the building will provide for an informal setting.
Landscaping will be provided along the sides of
the building and the rear.
Parking is provided below grade and will not be
visible from the street.
The subject property does not abut an alley.
Parking is located within an underground garage.
Parking is located within an underground garage.
Parking is located within an underground garage.
Curb cuts have been limited to the greatest degree
possible. The project will be utilizing an existing
curb cut on Ocean Street. Two curb cuts are
proposed on Oak Avenue for a hotel drop-off area.
Parking is located within an underground garage.
Appropriate setbacks and landscaping are
provided adjacent to pedestrian areas.
II
Avoid buildings which devote significant portions of their
ground floor space to parking uses.
Place parking for commercial or larger residential
projects below grade wherever feasible.
Enhance parking lot surfaces to divide parking lot paving
into smaller segments.
r, '; -' - -> »_, 'cJ,;-;;-,-*-; •• - i!St?t&tt-'-
Building Forms: ' - -'-': * **•?/• ^^3^5 *
Provide for variety and diversity. Each building should
express its uniqueness of structure, location or tenant
and should be designed especially for their sites and not
mere copies of generic building types.
Step taller buildings back at upper levels.
Break large buildings into smaller units.
Maintain a relatively consistent building height along
block faces.
Utilize simple building forms. Trendy and "look at me"
design solutions are strongly discouraged.
Roof Forms: ' ' \.J^$^*^$:{
Emphasize the use of gable roofs with slopes of 5 in 12
or greater.
Encourage the use of dormers in gable roofs.
Emphasize wood and composition shingle roofs, with the
exception that in the Land Use District 6 metal roofs are
acceptable.
Avoid Flat Roofs
Screen mechanical equipment from public view.
Avoid mansard roof forms.
The underground parking is fully integrated into
the building design and plays a more subordinate
role by being fully screened from the street.
Parking is located within an underground garage.
Not applicable.
The building has been designed specifically for the
unique layout of the property and topography. The
building design provides for articulation on all
sides, varying setbacks, and other architectural
features, which provide for a unique character.
Appropriate architectural features and relief have
been provided.
The size of the lot does not warrant breaking the
building up into smaller units. However, varying
roof peaks, building heights, building lines, and
various architectural features serve to break up
the mass of the building.
The height of the new structure is consistent with
the height limit for other residential and
commercial buildings in the area.
The building has been designed with simple lines
and forms but allows for representation of the
Village character desired for the area. The building
is not trendy or "look at me" in design.
The project is providing a 5:12 roof pitch.
The project design does not lend itself to the use
of dormers.
The project provides a clay-tile 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.
This will be a requirement of the project.
The project does not utilize mansard roof forms.
Building Facades: / ''.'•'""•
Emphasize an informal architectural character. Building
facades should be visually friendly.
Design visual interest into all sides of buildings.
Utilize small individual windows except on commercial
storefronts.
Provide facade projections and recesses.
Give special attention to upper levels of commercial
structures.
Provide special treatment to entries for upper level uses.
Utilize applied surface ornamentation and other detail
elements for visual interest and scale.
Respect the materials and character of adjacent
development.
Emphasize the use of the following wall materials: wood
siding; wood shingles; wood board and batten siding; and
stucco.
Avoid the use of the simulated materials; indoor/outdoor
carpeting; distressed wood of any type
Avoid tinted or reflective window glass.
Utilize wood, dark anodized aluminum or vinyl coated
metal door and window frames.
Avoid metal awnings and canopies.
Utilize light and neutral base colors.
By providing for attractive facades and
landscaping, the project is very visually appealing.
Visual interest is added to the building through
various architectural features.
The design of the building incorporates design
elements into all four building facades, thereby
creating visual interest in the building. The project
makes good use of various sized windows with
decorative trim, wood shingle siding, decorative
wood paneling, decorative light fixtures, and other
decorative features.
Multi-paned windows with sunshades are used in
the project.
The building design provides for recesses and
projections on the building, which will create
shadows and contrast.
Upper levels have varying building heights,
decorative wood paneling, balconies, and
decorative parapet railings.
The upper levels will be accessed through internal
stairways and elevators. The 4th floor restaurant
may also be accessed by on elevator off of
Carlsbad Boulevard.
Detail elements have been incorporated into the
building, which include; decorative trim around the
windows, sun shades, decorative light fixtures, and
wood siding.
The materials and colors proposed for the building
will not conflict with adjacent developments.
The exterior walls utilize wood siding and wood
shingles.
None of the noted materials have been indicated
for use.
The windows are clear glass.
All visible doors off of the balconies will be glass to
maximize ocean views.
Proposed sunshades are made of wood.
The project utilizes a light and neutral color
scheme.
Limit the materials and color palette on any single
building (3 or less surface colors)
. • v, , *,<-, y ^ '-, r ^ ju^;--, %" ; <-,;
Commercial Storefronts: '-'"•' ,'* '"•;' K ' '.* &£r ". *; : ?'»'*
Provide significant storefront glazing.
Avoid large blank walls.
Encourage large window openings for restaurants.
Encourage the use of fabric awnings over storefront
windows and entries.
Emphasize display windows with special lighting.
Encourage the use of dutch doors.
Utilize small paned windows.
Develop a total design concept.
Provide frequent entries.
Limit the extent of entry openings to about 30% of
storefront width or 8 feet, whichever is larger, to preserve
display windows.
Avoid exterior pull down shutters and sliding or fixed
security grilles over windows along street frontages.
Emphasize storefront entries.
Integrate fences and walls into the building design.
Residential: . ' V • '' ,- ;.-•?• Y! ' -: -' IE •': - '' .V'."4 >-•*<
Encourage front entry gardens
Locate residential units near front property lines and
orient entries to the street.
Provide front entry porches.
Provide windows looking out to the street.
Utilize simple color schemes.
Provide decorative details to enrich facades.
The project incorporates one building color and an
off-white color for building trim.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
Not applicable
Not applicable
Not applicable
Not applicable
Landscaping is proposed along the street frontage
to contribute to the overall visual quality of the
neighborhood.
The residential unit entries are accessed from the
interior of the building. Balconies and the hotel
entrance are oriented towards the street.
The project design does not lend itself to front
entry porches as the residential units are located
on the second floor and above. However, hotel
units on the ground floor may be accessed off of
porches on Ocean Street.
Windows look out to the street.
The project utilizes a simple color scheme
Balconies, wood paneling, decorative light fixtures,
and sunshades are provided to enhance the
facade.
Emphasize "cottage" form, scale and character
Emphasize an abundance of landscaping.
Limit access drives to garages or surface parking areas.
Encourage detached garages which are subordinate in
visual importance to the house itself.
Provide quality designed fences and walls.
Visually separate multi-family developments into smaller
components.
The project design incorporates cottage form,
scale and character.
Open space and landscaping encompass 47% of
the property.
Thprp jo on acnp^^ ririvp to thp unHprnrniinH
parking garage off Ocean Street and another for
the drop-off area off of Oak Avenue.
Not applicable.
Fencing with lattice panels will be provided to allow
vine pockets to grow.
Not applicable.
^ Page 1 of2
Austin SUva - Re: CITY OF CARLSBAD I CONTACT US
From: AujStin_Silya_
To: stankatz@sbcglobal.net
Date: 03/11/2008 9:44 AM
Subject: Re: CITY OF CARLSBAD | CONTACT US
CC: Carson Mehl; Deborah Fountain; ldg@dwilsoneng.com
Stan,
Thank you for sharing your concerns with us. I would be more than happy to answer any questions
you may have regarding the Lumiere Carlsbad Village Hotel project. To answer your main concerns
that you outlined in your e-mail;
1) The project has provided all the required parking through an underground garage, and the project
will provide 4 more public parking spaces along the south side of Oak Avenue.
2) The project has varying roof heights, and does not exceed the 45 foot height limit.
3) We have the ability to place operational conditions on the project such as limiting delivery times to
certain hours.
4) The project meets all the development standards for that particular property.
5) Please see my response to your first concern.
Please contact me so we can go over your concerns. I also encourage you to come down to our office
and take a look at the plans for this proposed project so you have a better understanding of what the
project looks like. This project will have to go through a public hearing process so you will also have
an opportunity to share your concerns then.
Thank you,
Austin Silva
Assistant Planner
Redevelopment Dept.
City of Carlsbad
(760)434-2813
asilv@ci.carlsbad.ca.us
>» <stankatz@sbcglobal.net> 03/10/2008 1 1 :45 AM >»
A visitor to the City of Carlsbad Web site has completed and posted the "Contact Us" form to
department, Planning.
FOR SECURITY REASONS, DO NOT CHANGE THE SUBJECT LINE.
file://C:\Documents and Settings\Asilv\Local Settings\Temp\XPgrpwise\47D65476GW-... 03/11/2008
Page 2 of2
Below, please find the information that was submitted:
Hello Planning Commission,
I am writing to ask for more information concerning a proposed development adjacent to the north end
oTtheTjeach selTv^
impression of the size of the lot and the location make me question the desireability of allowing such a
large sized development for the following reasons;
1 -The public parking lot is not that large and would be adversely impacted by all that extra traffic.
2-The height of the building would change the character of the current openness and nearness to the
ocean.
3-A rooftop restaurant would require supplies brought by trucks not to mention added customer traffic
further worsening the limited public parking available. Though the developer might say they are going
to build underground parking many patrons of the restaurant, guests of the condo owners, service
providers of the condo owners, etc...might simply take a space that beach goers might have used.
4-The building lot is rather small in my opinion.
5-Parking is already difficult to find when one goes to the beach, this will only make it much worse,
with Carlsbad residents losing access to their beach.
What is currently there works well and should not be dramatically changed for the above reasons.
I welcome your feedback,
Thank you,
Stan Katz
Stan Katz
Carlsbad, Ca.
stankatz@sbcglobal.net
Mozilla/4.0 (compatible; MSIE 6.0; Windows NT 5.1; YPC 3.2.0)
69.230.17.30
file://C:\Documents and Settings\Asilv\Local Settings\Temp\XPgrpwise\47D65476GW-... 03/11/2008
S/7E
LUMIERE CARLSBAD
VILLAGE HOTEL
RP 07-14/CDP 07-25/CT 07-11
PROJECT NO. RP 07-14 / CT 07-11 / COP 07-25
VICINITY PLAN
OWNER:
3150 Ocean St.
" Caritbad Investor*. LLC.PROIECT SUMMARY
ExiUing and profUwd Oviwal Plan V (Village).
Eaitling «rx» propoead nxwigi V-R (ViHage Red»vBlo(m»ntf3100OcranSt.ThomM M. Fun7420 Monlo Villa Ave
Total srt» denjity. 12/0.6* - 22 2 umw per acre - manmuro ol denMy range
mating on «te*l perk*tg proposed
Mh mixed uut OHM Mow y*<ta on M* piitimg Building pochxtot 5 12 plch
^Ili^A-q-Er HOT
f" • " * ,. ' developed by:
PROJECT NO. RP 07-14 / CT 07-11 / CDP 07-25
' Q ^
AFFORDABLE OUESTROOMS
SUITES/GUESTROOMS
EXTERIOR PAVING. CORRIDOR & STAIR
POOL & SPA
—IOO-if
all
15 HOTEL KEYS
2 AFFORDABLE
LOBBY LEVEL PLAN
SHEET 2
r r r r
JG JOHNSON ARCH ITECTS
KB Carlsbad Investors LLC
PROJECT NO. RP 07-14 / CT 07-11 / CDP 07-25
10 HOTEL KEYS _.
PER LEVEL -J8g
4-RESIDENTIAL UNITS $$
PER LEVEL |2
NOSTM (J g
_ °z
D §%°g&£3&°&»!tt • D REaDENT1«- UN1« <|i
PAFFOHOABLEGUESTROOMS TYPICAL 2ND & 3RD SOa
DsumEs^ESTRooMs G U EST LEVEL PLANS ^§§
SHEET 3 o||i EXTERIOR PAVING, CORRIDOR & STAIR
1 POOL & SPA
,*•-,',*,' ^ ,V • '/ ^ , v ' -,X' developed byt
r r r r
JGJOHNSONARCHITECTS
KB Carlsbad Investors LLC
PROJECT NO. RP 07-14 / CT 07-11 / CDP 07-25
CARLSBAD BLVO.
o :-
RESTAURANT/BAR/DINING RAILAREA = 2,425 S.F.
ou
4 HOTEL KEYS
2 RESIDENTIAL KEYS
4TH LEVEL FLOOR PLAN
SHEET 4
r r r r
JG JOHNSONARCHITECTS
. KB Carlsbad Investors LLC
PROJECT NO. RP 07-14 / CT 07-11 / CDP 07-25
PROPERTY LINE -
SET BACK LINE
|"~| AFFORDABLE GUESTROOMS
|~] SUITES / GUESTROOMS
Q] EXTERIOR PAVING, CORRIDOR & STAIR
f~| POOL & SPA
CARLSBAD, CALIFORNIA'-
EL
ROOF PLAN
SHEET 5
r r r r
JGJOHNSONARCHITECTS
0-5
fcc
: KB Carlsbad Investors LLC
PROJECT NO. RP 07-14 / CT 07-11 / CDP 07-25
CARLSBAD BLVD.
LEVEL P1 = 51 STALLS
(1 HC + 1 HC VAN)
LEVEL P2 - 53 STALLS
i (3 HC)
TOTAL - 104 STALLS
OCEANS!COMPACT SPACES (36%)
LEVEL P1 CS = 19 STALLS
LEVEL P2CS = 18 STALLS POOL & SPA
« . PATH OF TRAVEL
ERf: CAR
VCARISBAD, CALIFORNIA
P T E
"developedby: KB Carlsbad Investors LLC
LEVEL PI PARKING PLAN
SHEET 6
r r r r
JGJOHNSONARCHITECTS
O ~-
£ f,
^ZP13C<_QS:-?i
-S<z<
s§S
PROJECT NO. RP 07-14 / CT 07-11 / CDP 07-25
CARLSBAD BLVD.
i 14-'
25 SPACES DEDICATEDTOJCONDO UNITS
I
(1 HC + 1 HC VAN);
LEVEL P2 - 53 STALLS
I 0 HC)
TOTAL = 104 STALLS
OCEANS'COMPACT SPACES (36%)
LEVEL P1 CS - 19 STALLS
LEVEL P2CS = 18 STALLS
*Jft' AI^*L * V- . v "^ ' \, - "' i V O"( >>' * E «i " "" 5^ C^C^*''^ t * "**' *' u^.A1 a '^ Jt-t* Jf tyi ' ' * ^^ / „ i n *s * «•»* J v* £ ( ^fct.£HC ^ > ' * _ t j ,
V •ffySS&it St £**?** 1- •(!'T " rf» »*» ' i $• f^ __ 1.1\ » *^>*( HJ^^U j * i"1*^ „ '* f '"f'lsS^'! "At^^S^rV'*' <* l'*^!t< i* ^fe^ •*** ' »,f "^ J 1% *^^q^pti^^O^CALjlf-QJtN;lA.>,t/. >• "'*,•$*•*•; "*?. ' '. ,'- - ,' * i » , 5 devel
EXTERIOR PAVING, CORRIDOR & STAIR
[1 POOL* SPA
-. .PATH OF TRAVEL
L
LEVEL P2 PARKING PLAN
SHEET 7
r r r r
)G JOHNSONARCH [TECTS
0 3
1 I
—IUO-si
QCfc
RV
KB Carlsbad Investors LLC
PROJECT NO. RP 07-14 / CT 07-11 / CDP 07-25
CROSS SECTION 'A'
O 5
X I
.2°
LONGITUDINAL SECTION 'B'
LONGITUDINAL SECTION 'C'Q AFFORDABLE GUESTROOMS
[ | SUITES / GUESTROOMS
g| EXTERIOR PAVING, CORRIDOR A STAIR
Q POOL 4 SPA
SITE SECTIONS
SHEET 8
si
33
"". !' ' /,;,developed by; KB Carlsbad Investors LLC
r r r r
JGJOHNSONARCHITECTS
PROJECT NO. RP 07-14 / CT 07-11 / CDP 07-25
OCEAN STREET ELEVATION
— LETTERS ON BALCONY RAILING •»»mmw OAK AVENUE ELEVATION
KEY NOTE:
WOOD SHINGtE
[~] WOOD TRIM. PAIKTED (OFF WHITE)
WINDOW GUZING
OPENING INTO BUILDING
LJJ *o
o 5
X i
—IUU_uz
ZZ
IS
ELEVATIONS
SHEET 9
5aa
"' ••-•>••.•* -•,.'V..J--V -J ;';-»->,-« >--;• --.
r r r r
JG JOHNSONARCHITECTS
VKB Carlsbad Investors LLC
PROJECT NO. RP 07-14 / CT 07-11 / CDP 07-25
DECORATIVE WOOD PARAPET RAILING,
ELEVATOR OVER RUN
NOT TO EXCEED
CARLSBAD BOULEVARD
COURTYARD ELEVATION
O v
JUGoz
Zz
oof:
Dwoc.T-in.KiH, ELEVATIONS
SHEET 10J WINDOW GLAZtNG
I OPENING INTO BUILDING
. . *
r r r r
JG)OHNSONARCHITECTS
KB Carlsbad Investors LLC
ORDER KNOCKOUTDWCNSKMS TO MATCHSZQS)
BWSI « W UNEI
SSSf— —=> SK-S-.
TYPICAL SECTION - CARLSBAD BLVD.
WIT TO SC4LE
\DFTAII: CRASS IINFD DRAINAGE SWALE
/ NO SCALE
EXISTING CONTOURS "- --- ^
PROPOSE* camun -
EXISTING GRADES (ELEVATION)
PROPOSED GRADES (ELEVATION)
SITE BOUNDARY
•BP—^•B-
—^ ^TYPICAL SECTION - OAK STREETNDT TO SCALE
i VALL C-4> mxm
IMH PIPE <&' PVC>
PROPOSCB CATCH BASIN (PRIVATE) PCM BCTAIL *C' ON SHEET 1 Q
PROPOSED CATCH BASIN (PRIVATE) PER DETAIL 'IT ON SHEET 1
EXISTING MASONRY DETAINING OR SCREEN VALL
ENHANCED CONCRETE PAVEMENT
GRASS OR TURF
CRUSHED AGGREGATE MATERIAL
PROPOSED PERVIOUS PAVEMENT
PEDESTRIAN RAILING
PROPOSED CONCRETE
em**..-,
-tuff SB an™ /
nwva v«PMKM 1
1
EX OECTIBr EX »O~>
TYPICAL SECTION - OCEAN STREETNOT TO SCALE:
JS
SCCT70N TS'-'S"
NOM? r-IO1. ICffT I'-fO1
S/TI
sap
SS2U,
PAOFIC
OCEAN
SECTION •f-S0t£ MM7 I'-W. VCffT IVIO-
SECTION "0"-"O" Ame MORZ r-io; mtr i*-io •»!§
MKWECIUML OMIUMlri JL K JMBOM MCMTECnUHBOK MOHCCTUKi VUOOM KIBM OOUPTwmc coouLTMni unMt miDS Maicutci K.
KXUITK OKULTMTi RIKK IM USEMTES
LUMIERE CARLSBAD VILLAGE HOTEL
TENTATIVE IUP AM) PSEUU1MSY DSVEWPUENT PUN
HP 07-14, CT 07-k CDP 07-25
r, CMLSMD IC COWANY. ORDER Ml 241
UK un mnMsn
U KHKI W SECnMJOM DTi: * NUBNH or c vtaotnn.WU. K F10 PWaMNT TO W
I230W566. DATED tWY 7, 8007
HC CM. OK DT HC SIATt IFIM z OMKUL MB VMC IHTSswuvnnM KW *cr.
APPLICATION DESCRIPTION'
THIS EXHIMT H TO ACCOVMIY AN [APPLICATION FOR A TENTATIVE HAP, SITEDEVELOPMENT PLAN REVIEW ANB COASTAL DEVtLOPtCNl PERMIT KCLATCD TOA MIXED USE HOTEL, CONMMIMUM, APARTMENT AND RESTAURANT PROJECT.
LEGAL DESCRIPTION
T, CARIJI1AD C
II (BEIT) X —' AMBTHCHTI X 12 t2 tfTmWLC ttttTNEHTI OU1T) ii f
EM ST. KITAUMNTTOIM. PAWK KOWIITOT* ttWXMb WOVOCJnWM SWEI DM DCXM SWEET OOAMHTHWL PMKK IPKEI UN DMC "
SOURCE OF TOPOGRAPHY
TOPOGRAPHY SHDVN ON THESE PLMJK WAS PREPARED BYTOVBJ. DC. ON U-lt-OS. |
TOPOGRAPHY SHOWN HEREON CONFORMS TO NATIONAL MAP
ACCURACY STANDARDS. j
SERVICE AGENCIES \
VATEfti CARLSBAD MUNICIPAL WATER DISTRICT (7M-43e-87i*Z)SEVER- CARLSBAD MUNICIPAL WATER DISTRICT (76D-438-E722)
SCHOOb CARLSBAD UNIFIED SCHDOLJ DISTRICT <7«-33l-5000J
IMPERVIOUS AREA TABLE \
CURRENT IMPERVIOUS AREA- 18902! ST. (B.43 ACRE)PROPOSED IMPERVIOUS AREA. 20Z44 Sf. (0.46 ACRE)NET INCREASE IMPERVIOUS ARE* lJ4E S.F. (003 ACRE>
UTILITY SERVICE REQUIREMENTS
iracnuii a MLUB utn«a
a rKruw 4» cm * H
S/TT /MM j
1> SITE «E* 054 ACRES <MET M» WOSS)
» NUMBER X PROPPSEB LOTS I j3) IM«U OF PROmiEB KESIBEMTIM. UMTS- IB (U OMONtVUKS AM Z MTTJIBAILE AfARTMENTS)4> loom. e« UMTS /AOC
S> EXnTMi ZOMLMb V-R (VILLAGE REBEVCLDPMENT, DlSt. »6> EnSTMG GEICRAL PLAN BESffiMTBH V-V1LLAGEn exnTBC VACATION RENTAL UMTS>| a
•> PROPOBCl HOTO. UNITS. 39 '
» PRDPDSEB ATTDRMILE HOUSK UNITS' il» PROPOKB ROOnOP RESTMIIANT- MM SOUARE FEET
ID PROPOSED •CDCASC IN AIT. 73? *WMWB- IK (EXISTING)- 6K ABT
ENGINEER OF WORK:
SHEET I DF 3
pun »n. M;/«
CXP1RCS 12/31/09
^,--LUMIERE CARLS13AD VILLAGE HOTEL
*~ - TENTATIVE MAP AND PRELIMINARY DEVELOPMENT PLAN
" -W 07-14, CT 07+11, CDP 07-25
o_
1 DBT. THAW conuo l Huron DQWU OKK YAIW^OMTMiat (ID BE TOMB) r«SHULT TW BUUMl «1J »««SSO( «»___„
CflNCKH STWMY (PRM1E)
BVX FIOH BSOa.Y POt C-IIVD. OK. Mi
ROOT mm mmspoui
CATCH BUM PEH OHM. V ON HO 1
aMWtK UNHRWMN POI StSiB- D-27
LG G--/. - ^r G c c G c£ _ _
CM. LNCWEOJPfC ' LW PUWMWGfero Enaineerina Inc.
LUMIERE CARLSBAD VILLAGE HOTEL
PROJECT TEAM
LUMIERE GARLSBAP VILLAGE HOTELLandscape Concept
nater Conservation « Fire Suppression Plan
OTHER - KB CARLSBAD INVESTORS LLC - 611 433 76OO
PLANNER - LADWI6 DESteN &RCUP - ISO 436 »132
LANDSCAPE ARCHITECT - WILKINSON DESIGN SROUP - ~\K> 434BUILDING ARCHITECT - J.6. JOHNSON ARCHITECTS - 3O3 813 TOfc-2
CML ENSINEER - AOUATERRA - ^K> 431 2BO2
PLAN P A C <i A (S E LE6ENP
Sht1 Concept P I a| n
&ht 2 Roof Deck Recreation « Restaurant
Sht 3 Details and Existing site Plant Survey
&ht 4 Plant Legend
Sht 5 Water Use Plan
-lobby Plants \ \..f
in Ornamental ' :
Containers
Entry Trees in
Ornamental
Containers
Existing
S 1 Palm trees
OfNdte•MO 434 21S2
Fence Vines in
Raised Containers
Buffer PlantsEast Screen Fence ui/ Vines
see detail on sht.3
Bio Suvate (Zone One;
Benches'
I-, vines on building
uvall her
Enhanced Pavi
at all Entries
\\3 New St. Lights jg_i
see detail on sht.3 \\
South Screen
Fence u>/ Vines
see detail sht 3
Maintenance 6>ate
Entry Trees in
-Ornamental-
ContainersNOtefr:1. TM iMrfclnq «ar«gM «K« 3fl llwua Me proMtg
on UM «IU> KKAn«nl Btfga. TIM loc«[an an the Miutnar*
!• naUd on tM
New St. Trees in —' '— Fountain Feature - see detail on sht.3
Planters e — G Ral8ed.P-laotersat.Pati/3S.-.
Ocean S t Parking
SHEET 1 OF 5
LUMIERE CARLSBAD VILLAGE HOTEL
Landscape Concept
Planters w/ Accent
shrubs < Cascading vines
Planters w/ Vines Climbing
on the Overhead Trellis
Privacy Planters -
Small Scaled Trees
in Large Urns
Roof Garden
4TH FLOOR RESIDENTIAL - ROOF PECK RECREATION 4 RESTAURANT
SHEET 2 OF 5
LUMIERE CARLSBAD VILLAGE HOTELLandscape Concept
-VILLA&E AREA
PEDESTRIAN SCALE
STREET LAMP
NEKS STREET LIGHT STANDARDS
EXISTING TREE SURVEY
A MYOPORUM LAETUM 24'cal. XT tail & • 14' tall
B K>IASHIN6TONIA ROBUSTA 35'tall H ' 35'tall
C • 25'tall I " 22'tall
t? • 3Cf t»ll J «K MELALEUGA OUIN. 6" oal
E ' 25' tall L ACACIA «EUC poor COnd
F ' 28'tall MMELALEUCA OUIN.
A PROFESSIONAL ATTEMPT rtlLL BE MADE TO t?«S. BOX. STORE. MAINTAIN.
AND REPLANT THE EXISTINS PALM TREES IN THE PROPOSED PROJECT.
OCEAN ST. PEDESTRA1 IN ENTRY FEATURE
SCREEN FENCE - EAST PROPERTY LINE SCREEN FENCE - SOUTH PROPERTY LINEJTYI
SHEET 3 OF 5
LUMIERE CARL5DAP VILLAGE HOTELLandscape Concept
PLANT LEGEND
SROUNP COVER LIST
BOTANICAL NAME
HOTEL ROOfVREC AREA....
COMMON NAME SIZE OP CONTAINER BOTANCA1. NAME COMMON NAME
...jt-6 24" BOX BIO SHALE1 SROUND PLANTING - ZONE ONE
OUANTimft I CONTAINBR Sgg
HOTEL'S OAK STREET ENTRY.TKEES H RAISED PLANTERS 5-6 24" Box
e .Kv^^l OCEAN STREET / PARKINS LOT STREET TREES 5 2O-4OFT (salvaged from sitcj
VERTICAL FORM 1ST SEACOAST EXPOSURE
OAK / OCEAN ST CORNER MEDIUM SCALE PED ACCENT
(REPLACES EXISTMS MTOPORUMJ
s EXCELSUS NZ-CMMSIMASTMCE
SOUTH P.L. EDSE VISUAL BUFFER
CMAMAEMOTS HUMUS MBD. PAN FA1M
1 4» Inch BOX
8-1O 24" BOX
OKEX SPECKS
resnjcA SPEces
Uk AETHLOPICA
•CARLSBAD PARKWAY - ZONE TWO
ARM0UA MARITMA THPJTT
rescue
OAK STREET PLANTERS - ZONE TrNO
ARMERIA MARITHA THRIFT
f*»TUCA SPECIES FCSClie
EASTED ED<&£ VNALK/SAY - ZONE ONE
^RggN ROOF PLANT LIST
from fl«te» 1To.t.
BOTANICAL NAME COMMON NAME QUANT)N& I CONTAINER
THIRD FLOOR ROOF; FIRST COASTAL EXPOSRUE A" O.O .FLATTED MA-
LOW SROWINS FLOHER OR FOLIASE ACCENT
MMOTIM 'C..T: TMUTT
A *LUACA PUC ftS&Jf.
8LI.Y1WV
1O-12 24' BOX MDOM
VERTICAL FORM PLANTINGS KV A MULCHED BEDDIN6 NOTES
9. ALLF e TO THE POUOO «
PATIO PLANTER*
ACCENT 4 SENSE PRN^ACY
<3 PALM
T PATH PALM
SHRUB LIST
-LAN SHALL ADME
S NOT CONTAIN AMY Fl
5. AU- PLANTfW AREAS SHALL RECEIVE A COVER OF ORttAMC MULCH.
*. AN ATTEMT WJ. 9E MADE TO TRANSPLANT. STORE AN? REUSE TMEES CURRENTLY CXISTNS ON 3fTE fWASMNUTONIA
ROSWTAJ
1. ALL f»UAMr» THAT WLL REMAN IN ORKiM-CHTAL CONTAINERS SH-4J, EfTMER HAVE MATER ME9CRVOKS OR BE C*1 MTTO-V
6 TOTAL STTE AREA a ,S4AC (3S.S:
4 HOTEL OPERATOR WU. MAHTA»
SHON4 IN Trl* CONCEPT f>,
BOTANICAL NAME COMMON NAME OUANTIN^ I CONTAINER 6iZE
STREET / FIRST FLOOR; FIRST COASTAL EXPOSRUE 5O-S 6ALLON
CAMt»A MACROOKI»A NATAL PLUM
COTKOSMA HTBMCS MKRIOR PLANT
PMORMWM HiBtMJft NJC FLAX
TKOHA CAKNSB CA<% MONEYSUCKLE
PATIO ACCENT - PATIO TO PATIO VISUAL BUFFER-
PLANTED IN ORNAMENTAL CONTAINERS
AOAPAHTMU-i AFRICAH» ULT OF THE NLC
25-1 6ALLON
1 ThHS PLAN SEEKS TO LNIT rtATER CONfkJMPTCM BT EXCLVDIN* THE USE OP TURF ON THE ATE.
3. ALL PLANT*** AREA* 9HOTH ON TH« PLAN nu. BE MANTANED BT TUE HOTEL.
5. fHAL •bANTINA PLAN* SMALL APPRESS THE NEED FOR PROPER SOU, PREPARATION. ADCflUATC MULCHING OF PLANTN&
BEDS. EFPICeNT ttATEMM* METHODS ANP PROPER UWOSCAPE MAINTENANCE AND MANAGEMENT
4. ALL PLANT*** ftlLL BE IRRI»ATEP BT AN WTOMATK- SYSTEM UNLESS NOTEP OTHERItBE,
B. THE AROUNP "LAKTM* ALON* THE SOJTH EPSE AND A PORTON OF THE AROUND •LWTfttt (TURF r*ALKJ ALCN* THE EAS"
EP»E B CONSOEREP -ZONE ONE* 1.1COSP, 4S% OF TVE TOTAL ON SITE PLANTMA: ALL OTHER PLMtfEP *»«AS Mtf
CONSIPEREP ZONE TVO 1»1OSF W* OF TUE TOTAL PLANTED AREA BOTH ZONE **EAS FUNCTION AS BIO SI-WLES AND THE
TIMF AREA ALSO SERVES AS A ttAUOtAY
UAVANOILA 9FECIB9
A«AVE ATTENUATA NCN
ROOF DECK RECREATION / RESTAURANT / ROOF ED&E-.
PLANTED IN ORNAMENTAL CONTAINERS
A*XVC ATTCMJALTA P4O4
TREE ALOC
....5O-5 SALLON
PELARAOlUM PELTATUM
VINE LIST
CHALL / FENCE - CLIMBIN& OR CASCADING VINES 25 - 5 GALLON
DftTCTUS BWCONATORIA BLOODRB3 TRlMFET VME
LONICERA OPECCS HONErSUCUE
RHOicaaus CA-ENSIS EVBRSREEN *R>^E
9TCPHANOTH9 FLORIBUNPA rC5Ot*S vtC
SHEET 4C^5
i-UMIERE GARLSBAP VILLAGE HOTEL
Recycled YVater Use Plan
160 43* 2192
Areas tuhere
Recycled
can be used
o 10 20
SHEET 5 OF 5
EXHIBIT 5
DESIGN REVIEW BOARD MEETING
DRAFT MINUTES
JUNE 2, 2008
Minutes of: SPECIAL DESIGN REVIEW BOARD
Time of Meeting: 6:00 P.M.
Date of Meeting: JUNE 2, 2008
Place of Meeting: COUNCIL CHAMBERS
CALL TO ORDER
Chairperson Lawson called the Meeting to order at 6:01 p.m.
PLEDGE OF ALLEGIANCE
Chairperson Lawson asked Board Member Prietto to lead the group in the Pledge of Allegiance.
ROLL CALL
Chairperson Lawson proceeded with the roll call of Board Members.
Present: Board Members: Julie Baker
John Prietto
Michael Schumacher
Frank Whitton
Chairperson: Anthony Lawson
Absent: None
Staff Present: Housing and Redevelopment Director: Debbie Fountain
Assistant City Attorney: Jane Mobaldi
APPROVAL OF MINUTES
ACTION: The Board unanimously approved the minutes of the September 6, 2007, with one
change on page 29, paragraph 4, line 3, change the word "continuous" to "contiguous."
COMMENTS FROM THE AUDIENCE ON ITEMS NOT LISTED ON THE AGENDA
There were no comments from the audience.
NEW BUSINESS
Chairperson Lawson asked Ms. Debbie Fountain, Director of Housing and Redevelopment, to present the
item on the agenda tonight. Ms. Fountain said the first item is a new hotel project in the village area. It is
referred to in the agenda as the Lumiere Carlsbad Village Hotel. On these two items the Board will be
making a recommendation to the Housing and Redevelopment Commission, so the action that is taken by
you tonight will be forwarded to the Housing and Redevelopment Commission for final action since both of
these are Major Redevelopment Permits. With that, I would like to introduce Austin Silva, our Planner in the
Redevelopment Office. He will be presenting both items tonight.
Mr. Silva said the applicant's representative, Bob Ladwig, is requesting a Major Redevelopment Permit, a
Coastal Development Permit and Tentative Tract Map to allow the construction of a 55,229 square foot
mixed-use project consisting of a boutique hotel, twelve condominiums and an ocean-view rooftop restaurant
on the property located at 3100 and 3150 Ocean Street in Land Use District 9 of the Carlsbad Village
Redevelopment Area.
The proposed project requires a Major Redevelopment Permit because it involves new construction of a
building that has a building permit valuation that is greater than $150,000. The project also requires the
approval of a Tentative Tract Map because it involves separate ownership of residential units. In addition, the
project is required to process a Coastal Development Permit because it is located within the Coastal Zone. In
accordance with redevelopment permit procedures, the three permits are being brought forward for a
recommendation by the Design Review Board for final approval by the Housing and Redevelopment
Commission.
The subject property is located at the corner of Ocean Street and Oak Avenue at the edge of the Village
Redevelopment zoning boundary. The subject property totals 23,561 square feet with frontage along Ocean
Street and Oak Avenue. The existing structures on the property include a twelve-unit vacation rental and a
'18
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JUNE 2, 2008
PAGE 2 of 16
nine-unit vacation rental that are located on separate parcels. The project is bordered by a one-story
commercial building to the south, a two-story multi-family residential building to the east, Carlsbad Inn sits
across Oak Street to the north, and a public parking lot sits directly across the site to the west. As mentioned
previously, the application is for a proposed four-story mixed-use project consisting of thirty-nine hotel rooms,
twelve condominiums and a 2,815 square foot restaurant with ocean view dining. The four-story building has
frontage on Ocean Street and Oak Avenue and is located over two levels of underground parking. The
Village Master Plan and Design Manual includes the regulations governing development within the Village.
The proposed project is within Land Use District 9 of the Village Redevelopment Area where mixed-use
projects are classified as permitted uses as long as the ground floor is devoted to visitor-serving commercial
uses. A hotel is classified as a commercial use, therefore staff concludes the project complies with this
requirement.
Staff believes the proposed project assists in satisfying the goals and objectives set forth for Land Use
District 9 to the following actions:
• Provides a desirable use;
• Serves as a catalyst for future development;
• Development of an underutilized lot;
• Attracts additional tourists-serving uses;
• Increases the pedestrian circulation within the village;
• Compatible with the surrounding area; and
• Increases the number and quality and diversity of housing types.
The proposed project meets all of the required development standards outlined within the Village Master
Plan. The front yard setback varies between five to sixteen feet, which is within the established range, and
the rear yard setback is set at five feet. The majority of the side yard setbacks are at five feet, which is at the
bottom of the range. However, there is a small portion on the north side yard where the building is setback at
seventeen feet and another small portion where the setback is at nineteen feet on the south side yard.
The Design Review Board will be required to make appropriate findings to grant variances for the front and
west side yard setback to exceed the maximum range of five to ten feet on both side yards. The necessary
findings to allow the increased setbacks are contained within the Staff Report and Resolution No. 328.
The increase in setbacks provides for a better building design by avoiding long, continuous flat walls, while
being sensitive to the nearby residential uses. No special privileges are being granted by exceeding the
maximum of the setback range.
The project is proposing the building height of forty-five feet. In District 9, the thirty-five feet is the maximum
building height. However, for any residential or commercial project located over a parking structure, the
building height may reach forty-five feet with the 5:12 roof pitch.
The project has a parking requirement of 104 parking spaces. The 104 parking spaces are provided within
two levels of underground parking. The residential parking spaces are separated from the hotel and
restaurant by a remote activated gate. The city is also gaining two public parking spaces along Oak Avenue.
The project provides features that make the project visually appealing such as varying roof heights, wood
shingles and panels, decorative light fixtures, a gazebo on a roof-top deck, a water feature with a foot wash
for sand, wood sun shades, tile roof, decorative roof parapet railing, a rooftop pool area, a rooftop restaurant
with ocean views, and an interior courtyard with a water feature and fire pits.
Mr. Silva showed images of the elevations of the proposed project. The north, south, east and west
elevations were shown. The Housing and Redevelopment Department has conducted an environmental
review of the 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 project
has been found to be exempt from the environmental review pursuant to section 15332 of the State CEQA
guidelines as an infill development project. The necessary findings for this environmental determination is
included in the attached Design Review Board Resolution. The proposed project is anticipated to have a
positive financial impact on the City and the Redevelopment Agency. First, the redevelopment of what was
previously an underutilized lot will result in increased property taxes, the increase in property tax will further
DESIGN REVIEW BOARD MINUTES
JUNE 2, 2008
PAGE 3 of 16
result in an increase in the tax increment to the Redevelopment Agency. Second, it is anticipated the project
will serve as a catalyst for other improvements in the area, either new development or rehabilitation of
existing buildings through the eliminating of a blighted structure and the construction of a quality, multi-family
residential project.
In conclusion, staff is recommending approval of the project.
Board Member Whitton said he would like to know where the grease traps are going to be and where they will
be emptied out from.
Mr. Silva said the applicant will be able to address that and that will be worked out through the building permit
stage.
Chairperson Lawson said he does have some questions, but he will wait until after the applicant gives his
presentation. Some of that may be cleared up with the presentation.
Bob Ladwig of Ladwig Design Group at 2234 Faraday Avenue in Carlsbad, 92008, is representing the owner
tonight. I am not going to add anything to the Staff Report. Mr. Silva has covered the project very adequately
and has presented what we are proposing. I would like to introduce some people here tonight. The owner is
Mr. Kevin Kiernan and the individual that works with him is Mr. Carson Neil. Our architect, Mr. Jim Johnson,
is here from Colorado. Our attorney, Donna Jones, and there are several engineers, Mr. Gary Lipska, and
our landscape architect, Mr. Robert Wilkinson. They would be happy to answer any specific questions. As
far as the one that was raised already about the grease traps, we did talk about that. We know this is a very
sensitive area because there are some bad examples of grease traps. We would like to, as mentioned by
staff, coordinate this at the time of our building permit application and time of design of the building to locate it
in a place where it is easily accessible and where it is not going to be a conflict with the neighbors. If that did
not answer your question, maybe the architect can answer if you would like to get further into it. I would be
happy to answer any questions at this point. We appreciate the work Mr. Silva has done on this project. Ms.
Levy has also spent a lot of time with this project. We have met with staff a number of times. We are excited
about this project and hopefully the board will approve it. We know we need to move on to the Commission
for their approval. Again, I would be happy to answer any questions if you have any at this time.
Board Member Prietto asked if he gave any consideration for the parking access to be off the Coast Highway
instead of Ocean Street.
Mr. Ladwig said, not off Coast Highway. We have limited frontage there. Earlier I didn't introduce our Traffic
Engineer, Mr. Sam Cab, is here tonight too. With our limited frontage and because it is quite a bit higher at
that spot, it would have been harder to get down into the garage. I think interrupting that location with a
driveway would not have been agreed upon by staff.
Board Member Prietto said it just seems that the parking lot right now on any given weekend, especially in the
summer, already is at capacity. With the Tamarack parking lot an issue with people coming now to this
parking lot, the traffic if you are going to go northbound or southbound, it is awkward. If you have to go to
Oak, you can only go right and then go all the way to Carlsbad Village Drive and then up. If the access was
on the Coast Highway, it would alleviate all that. You could just get right on the Coast Highway. When you
look at the plans, it looks like it is about the same width.
Mr. Ladwig said he thinks there would be an intersection spacing problem because it is too close to Oak
Avenue for people to make a right turn out and get into a left-turn lane. I think there would be more conflicts
there. I'm not a Traffic Engineer, but I'm sure the Traffic Engineer can address that if you'd like.
Chairperson Lawson asked if there were anymore questions of Mr. Ladwig. Questions can be directed to
staff or Mr. Ladwig, whoever is the best qualified to answer.
Board Member Baker had a question for the architect. I had a question about the first floor interior rooms,
like guest room 108 and 109. Would there be windows in them, and how are you planning on keeping them
quiet so the guests are not awakened by lots of noise in the lobby? Since they are interior to the project, I
was just wondering about the light and how would they be sound proofed?
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Jim Johnson, J.E. Johnson Architects, 730 17th Street, Denver, Colorado, 80202, a licensed California
Architect. We will provide the proper STC ratings for the walls around those rooms. They do have windows
to meet the natural light and ventilation requirements per the California Building Code. The glazing on the
windows and doors will have the proper STC rating to prevent noise transmission from the public spaces.
Board Member Baker commented that it seems there is some possibility of conflict for guests who might be in
those rooms since they are interior and guests are coming and going and coming out of the restaurant
upstairs. It could potentially be noisy for them so there might be an opportunity to extra-soundproof them or
do something to avoid some conflicts.
Mr. Johnson said they can certainly do that.
Chairperson Lawson said along the lines of conflict, he noticed the plan lays out both residential units right in
proximity to hotel units. What is the experience on being able to keep those separate and the residents from
being disturbed after a while because they have no way of being able to comment about who is in the unit
next to them or those people who are visiting their friends or they are in the restaurant and they stayed in the
bar too long and come down and try to get into the wrong room or whatever. How is that provided for? Is
there some means of minimizing that type of conflict?
Mr. Johnson said there are means of minimizing that. He asks Mr. Kiernan, who will operate the hotel, to
come up and give an answer. I can tell you from a technical standpoint, we will design this hotel with STC
ratings of 54 of unit to unit walls, the bearing walls between units. The code requires an STC of 50; we
design all of our hospitality and housing projects that we specialize in to a higher STC rating. The level of
service in this hotel will be such that if there are any of those type of conflicts, the management will be on top
of it I can assure you.
Kevin Kiernan, 1330 Orange Avenue, Coronado, California, 92118. The purchasers of those residential units
will be purchasing them with the thought in mind of utilizing all of the facilities and all the amenities and
services that will be offered by the hotel. They will be offered through the association. There will be some
expectation there will be some transient guests. In exchange for that, I think it will be a buyer that will want to
take advantage of those services. The property will be a four-star hotel, but it will be operated at five-star
standards, which will require 24 hour security and 24 hour front-desk management. In addition, if you look at
the circulation patterns for the restaurant, we spent a lot of time with staff specifically on that issue making
sure that it seemed to circulate from a public access standpoint so there would be minimal disruption to the
residents. The thoroughfare for the restaurant patrons doesn't take them through the core of the project. It
actually skirts them around it and takes them out into the public areas.
Chairperson Lawson said along those lines, the restaurant, which is fully open to the public, appears to be
fully open to the pool. But that pool, I am assuming, is for the use of the hotel guests and the residents that
are there, not the general public. Is that correct?
Mr. Kiernan answered, that is correct. There will be a division between the pool, by the code, and the public
areas.
Chairperson Lawson asked, what form of a division are you referring to. Are you referring to some fencing, a
barricade, a barrier of some sort?
Mr. Kiernan said yes. By code, it must be a five foot fence. Yes, there will be a division.
Chairperson Lawson continued, because he didn't see anything on the plan that provided that.
Mr. Kiernan said that was an oversight on their part and acknowledges it needs to be there.
Chairperson Lawson asked, and you have accounted for it in the plan?
Mr. Kiernan said, that is correct.
Chairperson Lawson said, along the lines of this operation, are we to assume you have operated a facility that
does have both for-sale private ownership along side of hotel uses?
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JUNE 2, 2008
PAGE 5 of 16
Mr. Kiernan answered, yes we have.
Chairperson Lawson said, okay then you are experienced in the issues that can come up.
Mr. Kiernan said, yes we are.
Chairperson Lawson commented that he noticed they have separated out the private parking at the end. Is
the access to that portion of the parking also somehow secured either from restaurant guests that don't get in
the elevator and go right on down to the level which puts him in the secured parking area?
Mr. Kiernan said, yes it is. The elevator that services the restaurant only goes to the first floor common area.
So the residential elevators are separated. There are two interior elevators for the residences that actually
then go down to the parking for the residences.
Chairperson Lawson asked if there will be entertainment.
Mr. Kiernan answered no.
Chairperson Lawson said, regarding the entrance to the restaurant, because that is down on the ground floor
facing Carlsbad Boulevard, is there any kind of messaging, signage information about the restaurant that is
down there that would help someone to not randomly go up there? Do you have kiosks or other types of
operational things, information about the menu?
Mr. Kiernan said, yes we plan on that. We also plan on having the signage appropriate on that entry as well.
Chairperson Lawson said, also at that location I notice there currently exists an NCTD bus stop. Is that being
relocated? I see Mr. Ladwig is confirming that it will be.
Mr. Kiernan said Mr. Ladwig met with staff and came up with a plan to relocate that.
Chairperson Lawson asked if deliveries are anticipated to be made along Carlsbad Boulevard or from other
locations.
Mr. Kiernan answered, other locations, not along Carlsbad Boulevard. There are two places to load the
building; one is on Oak and one is on Ocean, with the primary one being on Ocean.
Chairperson Lawson continued, regarding the trash service, the dumpster appears to be on the first level of
the garage. How does that get up to a dump truck to load it?
Mr. Kiernan said there is a hydraulic forklift that will be kept on site that will move the trash bins on a daily
basis.
Chairperson Lawson asked are those moved up for the convenience of the waste coast management to be
picked up.
Mr. Kiernan said, that is correct. They are brought up in the morning and then taken down as soon as they
are emptied.
Chairperson Lawson said this project is being separately metered for gas, water, power, all of those different
things, and as well often times projects at this stage may or may not always account for power utility boxes
out at the street side and all of that. Have those been properly accounted for that are not going to be
consuming any of the proposed landscape areas beyond their intended use?
Mr. Kiernan said he believes they have, but he can ask Jim Johnson to come back up if there are specific
questions as to their location.
Chairperson Lawson said he is assuming they are along the south side of the garage entry. That seems like
the most logical place, but I didn't notice any notation of where those would be.
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Mr. Kiernan said that is correct. We are trying to consolidate that activity in that area because that is where
the Harbor House also has their activity.
Chairperson Lawson asked if bicycle storage or any personal storage is going to be provided for on site.
Mr. Kiernan said he believes they designed some into the garage for the residences, but he is not 100% sure.
Chairperson Lawson said he didn't identify any on the plans. I think in this particular area, it is nice to have
those facilities.
Mr. Johnson commented, I think we have space for them in the garage level, but we haven't identified them
yet. We certainly have space for bicycle parking.
Chairperson Lawson said he doesn't want to suggest how they operate their hotel, but I see on occasion
when I travel, hotels that offer bikes for people to use, especially given what we are trying to promote here in
Carlsbad as a nice pedestrian friendly area and bicycles are a complement to that.
Mr. Kiernan said, I think that is a very good suggestion. We can take a look at it, but I think we can integrate
it.
Chairperson Lawson said, during construction, what type of impacts, though temporary, might we anticipate
to the existing parking lot on Ocean Street, especially when digging in and the huge amount of excavation
that is going to take place. Are there some thoughts .as to what kind of impacts we will have if there are
losses to any of the public spaces and for how;long might that take place?
Mr. Kiernan said, again we worked with staff through the submittal process and staff had requested some
detailed plans as far as the plan and how we are going to construct the shoring. Typically in these processes,
we will process the staging plan through the Building Department that will detail how we plan on staging the
project all through construction. The thing we have tried to focus on as well as the existing curb cut that is
there now for the beach walk, is the curb cut that we continue to use for the garage so there is no
reconfiguration of the parking lot itself. It will stay intact. As far as access to the site during the excavation it
will come both off Oak and then also off the existing curb cut. I don't anticipate reconfiguring or having to
demolish any of the existing parking lot. The staging, though, will have to be detailed and approved through
the Building Department.
Chairperson Lawson asked, at this time, do you anticipate the need to potentially use any of that existing
parking for your staging at any time?
Mr. Kiernan answered no. There will be adequate opportunity along Oak.
Board Member Whitton said he is still looking for an answer on the grease trap and am wondering who might
address that.
Mr. Johnson said, at this point in time, we haven't determined the exact location of the grease trap just
because it usually comes in a further stage of design. We haven't studied the inward elevations of the
adjacent sewer lines, both on Ocean and on Carlsbad Boulevard. We are happy to incorporate your
recommendations as to the location for that. We just haven't gotten to that level of detail yet.
Board Member Whitton said his concern is he is reluctant to see a grease trap on the bottom floor of the
garage because he has had some experience with that where the odor is horrendous, particularly if the
grease doesn't get taken out of there. The second consideration is wherever it is it needs to be emptied out
on the street side rather than a vehicle going into the building. He doesn't want to see a grease trap in the
building. I want it outside if at all possible. He doesn't want to see a truck suck the grease out at the bottom
level of the hotel.
Mr. Johnson said it will be outside the building. It will not be in the parking garage.
Board Member Whitton asked which?
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Mr. Johnson asked where outside?
Board Member Whitton said, no I'm saying which? The grease trap, outside?
Mr. Johnson answered yes.
Board Member Whitton said, good. Regarding that fence going up around the pool, will that negatively
impact your view?
Mr. Johnson said, he doesn't think so. We spoke about that in our pre-meeting this afternoon and I actually
have a sketch of where that would be located if you are all interested. We do a lot of resort design and
barriers is a bad word for it. It could be a series of glass and decorative metal, for example. That is probably
what we would design that with. It will meet the appropriate Health Department regulations for the five foot
and the precluding of children accessing the pool without supervision. We will probably design it out of glass
with a metal railing so it doesn't impede the view.
Board Member Whitton said, I know this is an operational question, but it is a cause for a concern on your
part. The restaurant being on the roof and then the pool there for the residents for the condominiums and the
apartments, Friday, Saturday and Sunday nights are party nights for the young folks in Carlsbad. How are
you going to control keeping those people out of your pool?
Mr. Kiernan said there are two things that became very apparent early on in the discussions with staff; one is
the restaurant that staff suggested and wanted to see was more of an upper end table service restaurant. I'm
hesitant to designate it, but it would be more of a table service, high end restaurant. That is the way we
actually designed the restaurant. There are specific design requirements that we worked with staff to
eliminate it functioning more as a bar. I think the ambiance of the two together is something we are looking
for; to have the environment to see it and experience it ,but not interact with it. I think that can be
accomplished through the security and through the card codes as far as the key access to certain locations
and such that we will work out. We fully intend on creating the right ambiance in the restaurant that would not
interact or become a problem from a bar standpoint. , »
Chairperson Lawson said if any questions warrant any of the applicant's team, we will call them up.
Board Member Schumacher said he didn't understand from the report about the traffic, the ADTs are at 688
or projected to be that for this project. How does that compare with the ADTs currently? I would be curious
to know the findings of Urban Systems if there is an increase in traffic and ADTs, how is the circulation, what
intersections, if any, are impacted most by the increase, if there is an increase?
Ms. Tecla Levy, Engineering, answered there are increases in ADT and the increase is 18%. The existing
ADT along Ocean Street segment is about 1,600 at the moment and there is an additional 361 ADT from this
project. Obviously, it is a big project. The capacity of the road as it was analyzed according to the traffic
impact analysis by Urban Systems, the segment is at the level of servicing so it is still at the capacity to
handle the additional traffic.
Board Member Schumacher asked did it go up 80%.
Ms. Levy said 18%.
Ms. Levy said 688 is the projected traffic volume of the project. That includes the 126 ADT that is existing
right now and the 12 unit apartment building that is there. Technically, the net increase is only 562 ADT.
That increase, after the analysis, the resulting level of service of all the segments and also all the
intersections that have been analyzed in the traffic study, all of them are still below the level of service which
is acceptable for our guidelines.
Board Member Schumacher said, so currently it is 126 and it is going up 562 spaces, correct?
Ms. Levy said 688 is the traffic volume for this project.
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Board Member Schumacher asked how it relates to the 18%, because clearly that is a lot more.
Ms. Levy said the existing ADT for the Ocean Street segment only is 1,600 and there is an increase of 361
ADT on that segment so it is about 18% increase in ADT.
Board Member Schumacher asked, the project itself went from 126 to 688, correct?
Ms. Levy said yes.
Board Member Schumacher said but the segment itself went up only 18% for that section.
Ms. Levy said yes, because of the distribution of traffic.
Board Member Schumacher said, Ms. Levy was saying it has not fallen below a D? Is there still an A, despite
that?
Ms. Levy said it is still an A, yes.
Board Member Schumacher asked does that include the intersection at Carlsbad Village Drive.
Ms. Levy said all intersections that have been analyzed after the project have been added and all the other
project, including the Marriott that was recently approved. All intersections are still at a level of service A
upgrade.
Chairperson Lawson said regarding the traffic and the ADT, the restaurant factors in generating the ADT are
utilizing standard restaurant factors, are they not relative to square footage? How you go about determining
the ADT for a restaurant is a standard formula that is being used here. There is likely expectation that a lot of
the restaurant seats are going to be consumed by people that are already on site, i.e. the hotel users and
some of the condominium residents; is that a fair.assumption?
Glen Van Peski, Senior Civil Engineer, said Mr. Cab can confirm, but typically those are generated with the
square footage and the standard number so there was no factoring in of hotel guests using that.
Chairperson Lawson commented then it works to our benefit.
Mr. Van Peski said right, it makes it conservative.
Chairperson Lawson said he just wants to make sure we are not discounting anything with the expectation of
fewer vehicles because you have people who already have their car down in the garage because they are
staying there.
Board Member Whitton said we are talking about the construction of a hotel and condominium complex. Is
the demolition permit for the existing all part of the redevelopment? We are talking about construction, but I
don't see anything about demolition here.
Chairperson Lawson asked staff if they would like to respond to that relative to the conditions and how that is
handled.
Mr. Silva said they will obtain a demolition permit through the Building Department. That is separate from the
Redevelopment Permit.
Board Member Whitton asked if it should be a part of this package.
Mr. Silva answered no.
Chairperson Lawson said there was a letter the Board received. Does staff want to enter that into the record
in some capacity?
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Ms. Fountain asked Chairperson Lawson if he wants to open the public testimony so we can go ahead and
read that into the record.
Chairperson Lawson said yes. If there are no other questions of staff right now, I'd like to open this to the
public and at this point and time, do we have any letters or are we just opening it up to the public?
Ms. Fountain said they are not required to fill out a form, but we would like them to state their name and
address for the record. Mr. Silva, if you would go ahead and mention the letter we received by e-mail.
Mr. Silva said we received an e-mail from Judith and Wesley Marks at 2995 Ocean Street, Carlsbad,
California, with concerns related to traffic.
Ms. Fountain said we will enter that e-mail into the record. If you want to open up to other public testimony,
we can answer any questions after that.
Chairperson Lawson opened the public testimony. If there is anyone that would like to speak and address the
Board at this time, please come forward to the podium and state your name and address for the record. We
appreciate you being here.
My name is Carl McKay. I am at 3179 Carlsbad Boulevard. I operate the Harbor Fish Cafe, which is
immediately south of the project. This is the first time I have seen the drawings of the project, and it looks
good from that point. Our concerns are during the construction phase, the parking situation there. I think one
of the members mentioned that parking lot there adjacent to it is very difficult to get in and out of. We are
concerned that the construction phase may take all of the parking for not only my customers, but also the
beach access. We have a lot of people that walk along the boardwalk and trying to keep that parking lot as
open as we can. The timing of the actual construction, if it is done during the summer, that could be a
problem because again, traffic and parking and that type of concern. Those are our main concerns I see with
the project. Other than that, it looks good. It seems like they are a little under parking requirements for that.
I don't' know how it works. I didn't see any retail, but it seems that the 100 parking spaces when you take the
39 and then the 12 and a restaurant and all of their employees, whether or not if there is adequate parking in
that particular development. That is something you guys may want to look at, but it seems like there isn't
quite enough parking there for an area that already has a parking problem. Access in and out of that parking
lot is a problem, so if you have a lot of traffic going through that area off Ocean Street, that seems like there
could be a bit of a bottle neck there.
Chairperson Lawson said we will have staff address any comments that are raised by individuals.
My name is Barbie Barren. I am one of the owners of the Offshore Surf Shop in Carlsbad. This project looks
very nice. My main concern is the walkers, the elderly people who park in our parking lot because they can't
walk that hill up Tamarack or down the hill near our shop. There are a ton of them walk down there. They
love it. I just want to make sure they are going to be able to park there during the morning time. While the
construction is going, I just want to make sure our parking lot isn't going to be filled with the people who are
going to be building this place and not for the residents and for the people to enjoy that parking lot. The
parking is the main thing so the people of Carlsbad and the older people can still park there and we are not
running into problems with them not able to park there if they don't get there first thing in the morning.
Seeing no additional speakers, Chairperson Lawson closed the public testimony period. Can staff respond to
Mr. McKay's questions regarding concerns for the parking calculation. If you'd like to reiterate how we have
gone through and looked at it through the different steps.
Mr. Silva said, as you can see on the screen, all the parking requirements are listed up there, and the project
does meet all of those requirements. They do satisfy the parking requirement. As the applicant stated
earlier, they are going to try and minimize the impacts during construction on the Ocean Street parking lot as
much as possible. Maybe the applicant can follow up a little further.
Chairperson Lawson said, regarding the parking calculations, I just want to relate to an earlier comment
which was regarding ADT. For purposes of calculating the parking needs for the restaurant, is there
discounting of the requirement with the expectation that you have people already on site that are going to be
using that restaurant?
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Mr. Silva said no, we counted it just like we would in any other project.
Chairperson Lawson said, then hopefully that translates to a more conservative parking requirement then.
Mr. Silva said, the thought is that some of the people staying at the hotel will be using the restaurant too, so in
actuality there will probably be a surplus of parking.
Chairperson Lawson noticed the applicant was getting ready to respond to the parking issue and/or the
construction conflicts.
Mr. Kiernan said in our other projects that are similar, one of the advantages of the underground parking is
built, which is at the first stage, then that becomes the staging area and the parking area for construction.
There are quite a few spaces there obviously so that should help mitigate it.
Board Member Baker asked Mr. Kiernan, assuming you get all of your approvals from the Design Review
Board tonight and the City Council in the near future, when do you anticipate starting demolition and
construction?
Mr. Kiernan said their timeframe shows twelve months of drawing and processing for a building permit and
then starting the demolition probably two months prior to that.
Board Member Baker asked staff if there would be any requirements to have that not happen during the
summer months when there is more traffic and it is busy in that area, which it will impact the parking lot.
There just isn't any way around that. Would we be inclined to not have them start during the height of the
tourist season?
Ms. Fountain said we can work with the applicant on when they start, but I think we need to understand with
the amount of time it takes to construct, it will probably hit holiday periods and summer periods, but I think we
can work with them on when it is the most appropriate time to try and get past some of the peak tourist times.
Board Member Whitton asked where the employees are going to park. Once they come to work, they will be
there for their full shift.
Mr. Kiernan said they will park in the garage.
Board Member Whitton asked how many employees are anticipated.
Mr. Kiernan said that is a question he is not prepared for. I'd have to talk to someone specifically about that.
Board Member Prietto said, since we are trying to encourage walking, pedestrians are certainly an issue. I
have a question for staff. Was the applicant given the opportunity to develop the hillside because if you look
at the hillside directly in front of the hotel, it is worn because people try and walk down it? The fence from the
boardwalks stops right about at the end of the grassy area and either we could extend that or give them the
opportunity to dress that up a little bit. Are they able to do that? If not, why?
Mr. Silva said we have had discussions about that. That is actually state owned property so they would have
to work with the state on developing that hillside.
Board Member Prietto said he'd hate to lose the opportunity right now. Is there anything we can do to
encourage that?
Ms. Fountain said you can probably state that it is your desire. I don't think we can condition it to put those
improvements in on state property, but we can talk to the state and see if that is something that could be
done in the future. Usually if you have some improvements on a project, you have to make some type of
nexus in terms of requiring the developer to actually build those improvements and it would be difficult
probably for us to have that nexus that they would be required to do it. We can talk to the applicant and we
can talk to the state about whether or not that is a possible future project and what the participation would be
of the developer and the city and other organizations.
DESIGN REVIEW BOARD MINUTES
JUNE 2, 2008
PAGE 11 of 16
Board Member Prietto said, if you go down to that parking lot any time of the day on the weekend, you will
see people climbing over the guard and trying to walk down that ramp. I was there speaking with a neighbor
just yesterday, and some lady was dragging her cooler down there. There isn't a walkway, and all of that has
been worn. There isn't any vegetation whatsoever. I just think it would be a good opportunity right now to
address it if we can.
Ms. Fountain agreed with Board Member Prietto that is something the public is doing already, but I'm not sure
we can make it an actual condition of this project at this time. I think we can take your comments and see
what we can do for the future.
Chairperson Lawson said, with respect to the letter, I'd like to respond to the e-mail letter we received from
Mr. and Mrs. Marks. There are a number of questions that came up in there, but 1 wanted to just verify is
there anything noted in their letter that gives cause to question the categorical exemption for this project?
Mr. Silva said traffic would be the only issue and we have performed the traffic study, and as Ms. Levy stated
earlier, all the streets are designed to accommodate the traffic that is anticipated from the project.
Board Member Baker moved that the Design Review Board adopt Design Review Board Resolutions number
328, 329, and 330 recommending approval of RP 07-14. CDP 07-25 and CT 07-11 to the Housing and
Redevelopment Commission based on the findings and subject to the conditions contained therein.
Board Member Whitton seconded the motion.
Chairperson Lawson said we have a motion on the floor that has been seconded. At this time, is there any
discussion about the project?
Board Member Whitton commented it is a great project He looks forward to seeing a project such as this
down in Carlsbad; particularly one that has a restaurant on the roof and a view of the ocean. His only real
concern is one which was expressed earlier about the pedestrian traffic and the grease trap. I just do not
want that grease trap in that building if at all possible. It's a great project.
Board Member Prietto commented he likes the project a lot. I think it brings a lot of things we are looking for
in the Village. I like the idea that you do not have music planned. A piano bar is one thing, but twenty-
something music we have too much of already downtown.
Board Member Schumacher likes the project. I think it is a great project. I like the architecture. It is not red
tiled roofs and stucco and it adds to the character of the Village. My only concern is with the parking lot and
some of the patrons of the restaurant using the parking lot because they just don't want to go in the garage. I
don't know how you condition that or control it. I'd hate to see a situation where the parking lot is completely
full and then we have a parking structure underneath the building that is empty that people can't use. I don't
know if there is anything we can do about that or not.
Board Member Baker said it is a great project. I also like the design of it. It will be really great to have an
ocean view restaurant in Carlsbad. I like that it is an upscale project, and it will bring visitors to the Village.
Chairperson Lawson said it was very helpful to understand where this project is going. I agree the project is a
very good contribution to the Village. I greatly appreciate the architectural character here that is different from
three different shades of a brown stucco. There is a little bit of that character that can be more of a stimulus
for other areas. I do have a concern, but they are operational concerns in the sense of mixing private and
public housing in one area, but that is the applicant's issue to deal with. As long as it can continue work, then
I am all supportive of it. I hope it will. I am encouraged by it. I am happy and glad to see this has been well
thought out. With respect to the parking, I was concerned in questioning whether or not there will be a way in
which to keep and to discourage the patrons from using the public parking. One of the things that didn't get
discussed or asked, with this being an upscale hotel as it has been presented, enters the question of maybe
there will be valets that might take those cars down to the parking garage. I see heads nodding in the
audience from the applicant, which may be an actual plus for us. I can support the overall project.
VOTE: 5-0
DESIGN REVIEW BOARD MINUTES
JUNE 2, 2008
PAGE 12 of 16
AYES:
NOES:
ABSTAIN:
ABSENT:
- - BREAK - -
Baker, Lawson, Prietto, Schumacher, and Whitton
None
None
None
kMs. Fountain said the next project will be presented by Mr. Silva.
Mr\ Silva said the applicant's representative, Robert Richardson, has requested a Major Redevelop/fTent
Permit to allow the construction of a 30,775 square foot mixed-use project consisting of six condominium
units ahd 2,411 square feet of commercial space. The subject property totals 14,000 square feet and is
located aV.3085 Roosevelt Street in Land Use District 1 of the Carlsbad Village RedevelopmenKArea. The
existing strbictures on site include four one-story residential buildings and' one commercial building that was
previously ocbupied by a thrift store, which are proposed to be demolished in order to accojmnodate the new
building. The subject property is bordered by a one-story commercial building occupied h/a restaurant to the
north, a single-far^ly residential unit to the west, a one-story commercial building occupied by the Boy's and
Girl's Club to the soSiih and a single-family residential unit to the east.
The three-story building\consists of two stories of residential condominiums lojzcited over garages and retail
space. There are six unitsNlotal varying in size from 1,819 square feet to 3, 11£r square feet. The building has
a pleasant architectural defcjgn with attractive retail space on the grouna floor incorporating decorative
building materials such as stone veneer, canvas awnings, and large windows. The residential condominiums
located above the retail space continue the pleasing architectural design to the upper levels of the building
incorporating decorative canvas awnings, various sized and shaped/fnulti-paned windows, and wrought iron
is used on the balconies. The residei^ces are stepped back from the street at upper levels in order to reduce
the massing of the building along Roosevelt Street and to mak^the retail space the predominate feature on
Roosevelt Street. Resident parking for the project is screenej^from public view as it is enclosed and located
within the first floor at the rear of the building^ Vehicular access to the site is provided off of an alley from Oak
Avenue.
The Village Master Plan Design Manual includehe/regulations governing development within the Village:
The proposed project is within Land Use District/f\of the Village Redevelopment Area where mixed use
projects are classified as permitted uses as long as w^e ground floor of approved projects are devoted to
visitor servicing commercial uses. Since retail space is proposed along Roosevelt Street, close to the
travelers and tourists who frequent the area,>«aff concludesXhe project complies with this requirement.
The proposed project assists in satisfyip
the following actions:
the goals and objectives set forth for Land Use District 1 through
Provides a desirable use;
Serves as a catalyst for future development;
Development of an under-utilized lot;
Attracts additional visrfor-serving commercial uses;
Increases pedestrian circulation within the Village;
Compatible with tne surrounding area;
It increases theriumber of quality and diversity of housing types.
The proposed prefect meets all of the required development standards outlined within theSMaster Plan. It
provides for adequate open space for a total of 37.8% of the project and appropriate building coverage for a
total of 80%./The building height of the project is in compliance for the established standard at 4Xieet and 1
inches. Adequate parking is provided for the residential units through the use of six two-car garages and
three guesr parking spaces for a total of fifteen spaces. The project meets commercial parking requirements
of the Viflage Master Plan if the Design Review Board makes findings for participation in the In-Liei
Program. The required amount of parking for the commercial project equates to eight spaces and tr"
applicant is requesting participation for all eight spaces. The project is eligible to participate in the In-Lieu FeeN
PnzCgram for the eight spaces because it is located within 600 feet of a parking lot. The required justification
5r participation in the In-Lieu Fee Program is contained within the Design Review Board Resolution.
May 28, 2008
To: Design Review Board
From: Judith and Wesley Marx
2995 Ocean St. Carlsbad 760-729-4027
Re: Lumiere Carlsbad Village Hotel
The proposed project significantly intensifies the current use of the property by more
than doubling the living units and adding a major rooftop restaurant plus two levels of
underground parking.
Because of the issues relating to energy and water use as well as traffic generation, we
feel the project should not have been exempted from the environmental review process.
In regards to traffic, the increased level of traffic activity will overload an already strained
circulation system. For example, traffic exiting on Oak Street can only turn right (south)
onto Carlsbad Blvd (101). Asa result, traffic going either north or east will be diverted
onto Ocean Street and then turn right on Carlsbad Village Blvd. This section of Ocean
Street serves as both a pedestrian walkway (particularly during the summer months) as
well as residential and recreational parking.
Once the traffic turns right onto Carlsbad Village Drive, it conflicts with traffic entering the
underground parking at Carlsbad Village Inn. A short distance later, Carlsbad
Village Drive intersects with Carlsbad Blvd (101). This intersection already operates at
over capacity, particularly during the summer months and during special events in the
village, itself.
This project is less than a block away from the recently approved Marriott Hotel .and
Conference Center which will be generating even more traffic. Additionally, the report
mentions the presence of mass transit as an alternative to using automobiles. The
project should not assume that visitors will use mass transit without backing up this
assumption with past and current experience. The mere presence of mass transit does
not guarantee its use. Many of the visitor destinations such as Legoland, Wild Animal
Park, Museum of Making Music as well as the regional golf courses are not effectively
served by public transit.
The Lumiere Hotel project will intensify water and energy consumption at a time when
these resources are in increasingly limited supply. It would be helpful to quantify these
impacts and the degree to which they can be mitigated. For instance, will the project be
certified as LEED (sustainable architecture)?
The report states that this project will "eliminate a blighting influence within the area".
We don't feel this term is applicable to the existing units which now serve as home and
rental units close to the beach. The way the term "blighted" is used in this report could
condemn most of the existing buildings in the village which now give it its character.
Without addressing these issues, we feel the proposed project is incomplete and could
result in an overall negative impact upon Carlsbad Village, itself.
June 2, 2008
To: Members of Carlsbad Design Review Board
From: Carl McWha
Harbor Fish Cafe
3179 Carlsbad Blvd. p
Carlsbad, CA. 92008
RE: Lumiere Carlsbad Village Hotel
Case File Number: RP 07-14/CDP 07-25/CT 07-11
Dear Members,
I am contacting the Design Review Board to inform you of our concerns
regarding the Lumiere Carlsbad Village Hotel. As this project is adjacent to
my business, I am concerned about the timing of the construction; will the
construction be during busy summer months when parking and traffic are in
high demand? Our busiest months are June, July, August and September.
Where will the construction workers park? Will my customers and beach
visitors have access to my business and beach? Will the state parking lot be
used for a staging area for the construction?
I feel this will be a fine addition to the beach area and do support the
project, but I want to be sure the public will have access to the beach and my
customers will have access to my business.
Sincerely,
Carl McWha
Harbor Fish Cafe
(760) 728-6400
CARLSBAD
^> CHAMBER OF COMMERCE
July 15, 2008
Claude "Bud" Lewis, Mayor
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
RE: Lumiere Carlsbad Hotel Project
Dear Mayor Lewis and Council members,
On behalf of the Carlsbad Chamber of Commerce and its over 1,700 members, which
represent over 75,000 employees I am writing you to approve Lumiere Carlsbad Hotel
Project.
Lumiere is a new luxury hotel brand with a proposed development in the Village of
Carlsbad. The Chamber strongly believes that this project will be act as a catalyst for
continued redevelopment in the Village. The project will also pay into the Carlsbad
Tourism Business Improvement District (CTBID) and the Transient Occupancy Tax
(TOT) allowing for more funds to promote Carlsbad and the Village of Carlsbad as
destination locations.
Lumiere is proposing a rooftop restaurant the hotel will be one of very few restaurants in
Carlsbad with an ocean view. The project fully complies with the approved Carlsbad
Village Redevelopment Plan and Local Coastal Program. The project will more than
double the accommodations of the existing structure on the site and creates over 100
additional parking spots for its guests.
The Carlsbad Chamber of Commerce fully supports Lumiere on this project and believes
that it will add to the charm of the Village. We encourage you to approve this project.
If you have any questions or concerns, please feel free to contact me or Michael Babowal,
director of government affairs at (760) 931-8400.
Sincerely,
Ted Owen
President &. CEO
l>:V.-Slv.KS\V'ilL[:K fc.iiiian,vn.;ciu (.'.:!i!;;iitTei:\?nOS\Li!in!.s ct Support itr 7 ! 5-0$.!.k.t:
5934 Priestly Drive • Carlsbad, California 92008
Phone: (760) 931-8400 • Fax: (760) 931-9153 • E-mail: chamber@carlsbad.org • Web: www.carlsbad.org
CITY OF CARLSBAD
REVISED NOTICE OF PUBLIC HEARING
LUMIERE CARLSBAD VILLAGE HOTEL
THIS REVISED NOTICE IS HEREBY GIVEN that the Housing and Redevelopment
Commission of the City of Carlsbad has rescheduled a special Public Hearing in the City
Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, from 6:00 PM on
Tuesday, July 8, 2008, to 6:00 PM on Tuesday. July 15. 2008. to consider
recommending approval of a request for a Major Redevelopment Permit (RP 07-14),
Coastal Development Permit (CDP 07-25), and Tentative Tract Map (CT 07-11) to allow
the construction of a mixed-use development project consisting of 39 hotel rooms, 12
condominium units and a 2,815 square foot restaurant on the property located at 3100
and 3150 Ocean Street (APN: 203-250-21 & 203-250-22) in Land Use District 9 of the
Carlsbad Village Redevelopment Area.
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
Austin Silva 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 Housing
& Redevelopment Department has determined that the project is categorically exempt
from the requirement for preparation of environmental documents pursuant to Section
15332 of the State CEQA Guidelines as an infill development project. The Housing and
Redevelopment Commission will be considering recommending approval of the
environmental determination 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, Attn: Carlsbad City Clerk's
Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008 at or prior to the public hearing.
CASE FILE NO.: RP 07-14/CDP 07-25/CT 07-11
CASE NAME: LUMIERE CARLSBAD VILLAGE HOTEL
HOUSING & REDEVELOPMENT COMMISSION
PROOF OF PUBLICATION
(2010 & 2011 CC.P.)
This space is for the County Clerk's Filing Stamp
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
adjudicated newspapers of general circulation by the
Superior Court of the County of San Diego, State of
California, for the City of Oceanside and the City of
Escondido, Court Decree number 171349, for the
County of San Diego, that the notice of which the
annexed is a printed copy (set in type not smaller than
nonpariel), has been published in each regular and
entire issue of said newspaper and not in any
supplement thereof on the following dates, to-wit:
June 27th, 2008
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Dated at OCEANSIDE, California
This 27th, day of June, 2008
Proof of Publication of
CITY OF CARLSBADNOTICE OF PUBLIC HEARINGLUMIERE CARLSBAD VILLAGE HOTEL
NOTICE IS HEREBY GIVEN that the Housing and Redevelopment Commission of the City ofCarlsbad will hold a special Public Hearing in theCity Council Chambers, 1200 Carlsbad Village Drive,Carlsbad, California, at 6:00 PM on Tuesday, July 8,2008, to consider recommending^approval of a re-guest for a Major RedevelopmenfPermit (RP 07-14),Coastal Development Permit (CDP 07-25), and Ten-tative Tract Map (CT 07-11) to allow the constructionof a mixed-use development project consisting of 39hotel rooms, 12 condominium units and a 2,815square foot restaurant on the property located at 3100and 3150 Ocean Street (APN: 203-250-21 & 203-250-22) in Land Use District 9 of the Carlsbad VillageRedevelopment Area.
Those persons wishing to speak on this proposal arecordially invited to attend the public hearing. If youhave any questions or would like a copy of the staffreport, please contact Austin Silva in the Housing andRedevelopment Department at (760) 434-2813. Youmay also provide your comments in writing to theHousing and Redevelopment Department at 2965Roosevelt Street, Suite B, Carlsbad CA 92008.
As a result of the environmental review under the Cal-ifornia Environmental Quality Act (CEQA) and theEnvironmental Protection Ordinance of the City ofCarlsbad, the Housing & Redevelopment Departmenthas determined that the project is categorically ex-empt from the requirement for preparation of environ-mental documents pursuant to Section 15332 of theState CEQA Guidelines as an infill developmentproject. The Housing and Redevelopment Commis-sion will be considering recommending approval ofthe environmental determination during the publichearing.
If you challenge the Major Redevelopment Permit incourt, you may be limited to raising only those issuesyou or someone else raised at the public hearing de-scribed in this notice or in written correspondencedelivered to the City of Carlsbad, Attn: Carlsbad CityClerk's Office, 1200 Carlsbad Village Drive. Carlsbad,CA 92008 at or prior to the public nearing.
CASE FILE NO.: RP 07-14/CDP 07-25/CT 07-11CASE NAME: LUMIERE CARLSBAD VILLAGE
HOUSING & REDEVELOPMENT COMMISSION
PUBLISH: Friday, June 27, 2008 NCT 2158667
Jane Allshouse
NORTH COUNTY TIMES
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CARLSBAD INN LTD
PO BOX 4068
CARLSBAD, CA 92018-4068
WILSON A & VIRGINIA CLAY *M*
PO BOX 4538
CARLSBAD, CA 92018-4538
JALINDA BASTIAN
560 N HIGHWAY 9
ENCINITAS, CA 92024
BENNETT RUSSELL LEE L L C
951 NEPTUNE AVE
ENCINITAS, CA 92024-2077
TAMARA GREEN
821 EL PAISANO DR
FALLBROOK, CA 92028
THOMAS F & GAYLE HODGES
19988 LAKE DR
ESCONDIDO, CA 92029-7024
VIRGINIA L GIPNER
1508 MOUNTAIN VIEW AVE
OCEANSIDE, CA 92054-5511
DENNIS R & JEAN BAUERN
3149 COACHMAN CT
OCEANSIDE, CA 92056-3602
235 PINE AVE L L C
734 WILSHIRE RD
OCEANSIDE, CA 92057-2111
PERRY
PO BOX 1102
RANCHO SANTA , CA 92067-1102
STANLEY G & MARGARET POTTER
856 SEABRIGHT LN
SOLANA BEACH, CA 92075-1273
FORESTER FAMILY
650 RED PLUM LN
VISTA, CA 92081-7558
WALID & MARCELLA ROMAYA
5422 NAPA ST
SAN DIEGO, CA 92110-2617
3053 OCEAN STREET L L C
6660 WANDERMERE CT
SAN DIEGO, CA 92120-3246
W G A PINE AVENUE L P
9252 CHESAPEAKE DR 100
SAN DIEGO, CA 92123-3183
NANCY ANDERSON
8109 SANTALUZ VILLAGE GRN S
SAN DIEGO, CA 92127
MILTON WYATT
17160 BOTERO DR
SAN DIEGO, CA 92127-1424
NANCY ANDERSO
8109 S.
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MURPHY
12913 POL-VERA CT
SAN DIEGO, CA 92128-1118
BILL & JULIANNE DEEN
11808 RANCHO BERNARDO RD 123-
SAN DIEGO, CA 92128-1927
JULIANNE DEEN
11808 RANCHO BERNARDO RD 123-
SAN DIEGO, CA 92128-1927
SUDER
14465 OLD CREEK RD
SAN DIEGO, CA 92131-4275
DAVID & CAMILLE DERK
12719 SANDBURG WAY
GRAND TERRACE, CA 92313-5823
NINA A ARCIDIACONO *M*
PO BOX 7491
HEMET, CA 92545-0713
NANCY L KAUPP-WARNER
30175 VIA DE LA MESA
TEMECULA, CA 92591-1684
GARY A CRINGAN
30195 VIA DE LA MESA
TEMECULA, CA 92591-1684
FRANK J & EVELYN ROSE
32791 LUMERIA LN
DANA POINT, CA 92629-3548
MICHAEL W & MARJA SELNA KAREN J HARTMAN DAVID WOLFSON
6284 FORESTER DR
HUNTINGTON BE, CA 92648-6611
5791 PRICE DR
HUNTINGTON BE, CA 92649-4932
25 LEWISTON CT
LADERA RANCH, CA 92694-0532
C W D S C HOTEL L L C DAHYA PATEL
25 LEWISTON CT
LADERA RANCH, CA 92694-0532
540 N GOLDEN CIRCLE DR 214
SANTA ANA, CA 92705-3914
10815 TURNLEAF LN
TUSTIN, CA 92782-4342
OHARE TR LOPEZ DEBOER
5289 E RURAL RIDGE CIR
ANAHEIM, CA 92807-4619
3718 SAN REMO DR
SANTA BARBARA, CA 93105-7336
5703 W SWEET DR
VISALIA, CA 93291-9295
ROBERT H SONNEMAN
52 EL SERENO CT
SAN FRANCISCO, CA 94127-1816
JOHNS
6565 BIRCH DR
SANTA ROSA, CA 95404-8587
ROBERT B & ELIZABETH HOLMSTRC
PO BOX 528
VANCOUVER, WA 98666-0528
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CURRENT RESIDENT
3179 CARLSBAD BLVD
CARLSBAD, CA 92008-2973
CURRENT RESIDENT
3145 CARLSBAD BLVD 102
CARLSBAD, CA 92008-2911
CURRENT RESIDENT
3150 OCEAN ST
CARLSBAD, CA 92008-2974
CURRENT RESIDENT
3100 OCEAN ST
CARLSBAD, CA 92008-2959
CURRENT RESIDENT
3180 CARLSBAD BLVD
CARLSBAD, CA 92008-2908
CURRENT RESIDENT
3136 CARLSBAD BLVD
CARLSBAD, CA 92008-2908
CURRENT RESIDENT
3056 CARLSBAD BLVD
CARLSBAD, CA 92008-2905
CURRENT RESIDENT
3065 OCEAN ST
CARLSBAD, CA 92008-2958
CURRENT RESIDENT
3075 OCEAN ST
CARLSBAD, CA 92008-2958
CURRENT RESIDENT
3083 OCEAN ST
CARLSBAD, CA 92008-2958
CURRENT RESIDENT
3085 OCEAN ST
CARLSBAD, CA 92008-2958
CURRENT RESIDENT
3093 OCEAN ST
CARLSBAD, CA 92008-2958
CURRENT RESIDENT
3095 OCEAN ST
CARLSBAD, CA 92008-2958
CURRENT RESIDENT
3097 OCEAN ST
CARLSBAD, CA 92008-2958
CURRENT RESIDENT
3045 CARLSBAD BLVD
CARLSBAD, CA 92008-2906
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Lumiere Carlsbad Village HotelHousing & Redevelopment CommissionJuly 15, 2008
Location MapS IT E
Subject Property
Commercial to the South
Multi-Family to the East
Hotel to the North
Public parking lot to the West
Proposed DevelopmentFour-Story Mixed Use Project w/ Roof Decks Frontage and access off Oak Avenue and Ocean Street 2 levels of underground parking39 Hotel Rooms10 Market-rate condominiums 2 Affordable housing units2,815 sq. ft. rooftop restaurant
Village Land Use PlanLand Use District 9Mixed Use = permitted use However, the ground floor must be devoted to commercial use.
Proposed Project Meets Goals of District 9:Provides desirable useServe as catalyst for future developmentDevelopment of an underutilized lotAttract additional tourist-serving usesIncreases pedestrian circulation in the VillageCompatible with surrounding areaIncreases number, quality, and diversity of housing types.Goals & Objectives of Land Use Plan
Open Space Required: 20%Proposed: 47%*Lot CoverageRequired: 60%-80%Proposed: 72.6%*Qualified open space includes landscape on the ground floor, balconies, and roof gardens/patios.Development StandardsRequired: Front: 5-20 feetSides: 5-10 feetRear: 5-15 feetProposed:Front: 5 to 16 feetN. Side: 5 to 17 feet S. Side: 7 to 19 feetRear: 5 feetSetbacks
Setback Variances5 ft17 ft5 ft19 ftSouth Side YardNorth Side Yard
HeightPermitted: 45’ w/ min 5:12 roof pitchProposed: 45’ w/ 5:12 roof pitchDevelopment Standards45’
ParkingRequired: 104 spacesz39 hotels rooms @ 1.2 spaces/room=47 spacesz10 two bedroom (or more) residential units @ 2.5 spaces/unit=25 spacesz2 studio residential units @ 2 spaces/unit=4 spacesz2,815 square foot restaurant @ 1 space/100 square feet=28 spacesDevelopment StandardsProposed: 104 spaces provided within 2 levels of underground parkingzResidential spaces are separated from hotel and restaurant parking by a remote activated gate.zCity is gaining 2 public parking spaces along Oak Avenue.
Design FeaturesVarying roof heightsWood shingles and panelsDecorative light fixturesGazebo on rooftop deckWater feature with a foot wash for sandWood sunshadesProject DesignTile roofDecorative wood parapet railingRooftop pool areaRooftop restaurant with ocean viewsInterior courtyard with water feature and fire pits
North and South ElevationNorthSouth
East and West ElevationEastWest
CEQA & Economic ImpactExempt from CEQAPositive Financial Impact on City and AgencyIncrease in tax increment.Catalyst for further redevelopment of the area.
DRB RecommendationProject will have positive financial impact and assist in fulfilling the goals and objectives of the Master Plan.Design Review Board voted unanimously 5-0 in favor of the project.
Northwest
Northwest
Northeast
South
Southeast
West