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HomeMy WebLinkAbout2009-07-21; Housing & Redevelopment Commission; 417; Hilton Carlsbad Beach ResortHOUSING AND REDEVELOPMENT COMMISSION - AGENDA BILL AB# 417 MTG. 07/21/09 DEPT. PLN HILTON CARLSBAD BEACH RESORT nn AC A A If*r\t5 AA f\ARP 05-11 /GDP 09-04 DEPT. HEAD WJ^ CITY ATTY. d5^* CITY MGR. U/ — " RECOMMENDED ACTION: That the Housing and Redevelopment Commission ADOPT Resolution No. 474 APPROVING a determination that the project is within the scope of the previously certified Ponto Beachfront Village Vision Plan Program Environmental Impact Report EIR 05-05 and that the Program EIR adequately describes the activities for the purposes of CEQA and APPROVING a Redevelopment Permit (RP 05-11) and Redevelopment Coastal Development Permit (CDP 09-04) as recommended for adoption and approval by the Planning Commission. ITEM EXPLANATION: Project Application(s) Environmental Review Redevelopment Permit Redevelopment Coastal Development Permit Site Development Plan Coastal Development Permit Administrative Approvals Planning Commission RA RA RA X X Housing and Redevelopment Commission X X X RA = Recommended Approval x = Final City decision-making authority s = requires Coastal Commission approval On May 6, 2009 the Planning Commission conducted a public hearing and determined that the project is within the scope of the previously certified Ponto Beachfront Village Vision Plan Environmental Impact Report (EIR 05-05) and recommended approval (7-0-0) of Redevelopment Permit (RP 05-11) and a Redevelopment Coastal Development Permit (CDP 09-04) for the Hilton Carlsbad Beach Resort project, located south of Ponto Drive and east of Carlsbad Boulevard in the South Carlsbad Coastal Redevelopment Area. Wave Crest Resorts II LLC, is requesting the approval of a Redevelopment Permit and Redevelopment Coastal Development Permit to allow for the demolition of 10 existing structures and the development of a 215 room, three-story hotel, with 10,385 sq. ft. of conference space, a 5,100 sq. ft. day spa, a 5,100 square foot restaurant, a two-story parking structure, a basement garage, and an outdoor swimming pool on 8.01 acres of land. DEPARTMENT CONTACT: Christer Westman 760-602-4614 christer.westman@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION:APPROVED M DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D Page 2 Two members of the public, homeowners within Hanover Beach Colony, spoke during the Planning Commission hearing public comment period stating concerns over the project site design, which has the hotel lobby located across the street from their homes. More specifically, their concerns are that there may be adverse traffic, noise, and light impacts to their homes if the lobby remains at the proposed location. In response, the Planning Commission added conditions to the project with the intent of providing more substantial mitigation for the potential noise and light impacts. Please see the attached Planning Commission minutes for additional details of the Hanover Beach Colony homeowners' discussion. The project's Travel-Recreation (T-R) General Plan Land Use designation and Commercial Tourist (C-T) zoning supports the hotel proposal, which will serve the travel and recreational needs of tourists and residents. As discussed in the Planning Commission staff report and resolutions, the project complies with all applicable development standards of the C-T Zone and the Poinsettia Properties Specific Plan with regards to parking, building height, setbacks, lighting, and landscaping. The project has also been analyzed for its consistency with the Ponto Beachfront Village Vision Plan. Vision Plan elements such as pedestrian access, street design, street furniture, wayfinding signage, and architectural themes have been implemented. All required findings for approval can be made. FISCAL IMPACT: The addition of this establishment in the City and the South Carlsbad Coastal Redevelopment Area (SCCRA) will contribute additional property tax, sales tax, transient occupancy tax, and business license revenue to the City's General Fund, and ultimately will contribute to the addition of tax increment funds for the South Carlsbad Coastal Redevelopment Area. There is inadequate detailed information at this time to estimate the total amount of the revenues to both the City and Redevelopment Agency. However, it is anticipated that additional revenue will be generated through the various sources noted above. Furthermore, all public facilities required to serve the project (street improvements) will be constructed by the developer prior to or concurrent with development as mandated by the Zone 22 Local Facilities Management Plan. ENVIRONMENTAL IMPACT: The City Council certified EIR 05-05 for the Ponto Beachfront Village Vision Plan on December 4, 2007. At that time CEQA Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program were approved. The Mitigation Monitoring and Reporting Program certified by the City Council was challenged and a modification to the mitigation program was reached through a settlement agreement. All mitigation measures contained in the adopted Mitigation Monitoring and Reporting Program as revised from EIR OS- OS are applicable to projects within the plan area. Applicable mitigation measures have been incorporated into the project design or are required as conditions of approval for the project. The EIR 05-05 "Findings of Fact and Statement of Overriding Considerations" applies to all subsequent projects covered by the Ponto Beachfront Village Vision Plan Final Program EIR. The proposed activities would have no effects beyond those analyzed in the program EIR, as they are a part of the program analyzed earlier. This project is within the scope of Final Program EIR 05-05 and no further CEQA compliance is required. EIR 05-05 is available at the Planning Department. z Page 3 EXHIBITS: 1. Housing and Redevelopment Commission Resolution No. 474 2. Location Map 3. Planning Commission Resolutions No. 6555, 6556, 6558, and 6559 4. Planning Commission Staff Report dated May 6, 2009 5. Excerpt of Planning Commission minutes dated May 6, 2009. EXHIBIT 1 1 HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 474 2 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, 3 APPROVING A DETERMINATION THAT THE PROJECT IS WITHIN THE SCOPE OF THE PREVIOUSLY CERTIFIED PONTO 4 BEACHFRONT VILLAGE VISION PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT EIR 05-05 AND THAT THE 5 PROGRAM EIR ADEQUATELY DESCRIBES THE ACTIVITIES FOR THE PURPOSES OF CEQA AND APPROVING REDEVELOPMENT 6 PERMIT RP 05-11 AND REDEVELOPMENT COASTAL DEVELOPMENT PERMIT CDP 09-04 TO DEVELOP A 215 ROOM, 7 THREE-STORY HOTEL WITH 10,385 SQUARE FEET OF CONFERENCE SPACE, A 5,100 SQUARE FOOT DAY SPA, A 8 5,100 SQUARE FOOT RESTAURANT, A TWO-STORY PARKING STRUCTURE, A BASEMENT GARAGE, AND AN OUTDOOR 9 SWIMMING POOL ON 8.01 ACRES OF LAND GENERALLY LOCATED SOUTH OF PONTO DRIVE AND EAST OF CARLSBAD 10 BOULEVARD IN LOCAL FACILITIES MANAGEMENT ZONE 22. CASE NAME: HILTON CARLSBAD BEACH RESORT 11 CASE NO.: RP 05-11/CDP 09-04 12 The Housing and Redevelopment Commission of the City of Carlsbad, California, 13 does hereby resolve as follows: 14 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning 15 Commission did, on May 6, 2009, hold a duly noticed public hearing as prescribed by law to 16 consider Redevelopment Permit (RP 05-11) and Redevelopment Coastal Development Permit 17 (CDP 09-04); and 18 WHEREAS, the Housing and Redevelopment Commission of the City of 1Q Carlsbad, on the 21?tdayof July 2009, held a duly noticed public hearing to consider 90 said Redevelopment Permit and Redevelopment Coastal Development Permit, and at that time 71 received recommendations, objections, protests, comments of all persons interested in or 22 opposed to RP 05-11 and CDP 09-04. 23 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing and 94 Redevelopment Commission of the City of Carlsbad as follows: 25 1. That the above recitations are true and correct. 26 2. That the recommendation of the Planning Commission for the approval of 27 a Redevelopment Permit and Redevelopment Coastal Development Permit are adopted and approved, and that the findings and conditions of the Planning Commission contained in 28 Planning Commission Resolutions No. 6555 and 6559 on file with the City Clerk and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 incorporated herein by reference, are the findings and conditions of the Housing and Redevelopment Commission. 3. This action is final the date this resolution is adopted by the Housing and Redevelopment Commission. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: "NOTICE TO APPLICANT" The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the nineteenth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008." PASSED AND ADOPTED at a regular meeting of the Housing and Redevelopment Commission of the City of Carlsbad on the 21st day of July 2009, by the following vote, to wit: AYES:Council Members Lewis, Kulcbin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. , CHAIRMAN ATTEST: KlLDABRAND, SECRETARY (SEAL) X\\»IU'""/,. &**$& : <3Y ESTABLISHED ':\ i • 5 : : o> —i$\ 1970 ;|r^v-. /** -2- EXHIBIT 2 LAKESHORE GARDENS MOBILE HOME PARK SITEMAP NOT TO SCALE HILTON CARLSBAD BEACH RESORT RP 05-11 / SDP 05-14 / CDP 05-43 / CDP 09-04 EXHIBIT 3 1 PLANNING COMMISSION RESOLUTION NO. 6555 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF REDEVELOPMENT PERMIT RP 05-11 TO 4 DEVELOP A 215 ROOM, THREE-STORY HOTEL WITH 10,385 5 SQUARE FEET OF CONFERENCE SPACE, A 5,100 SQUARE FOOT DAY SPA, A 5,100 SQUARE FOOT RESTAURANT, A 6 TWO-STORY PARKING STRUCTURE, A BASEMENT GARAGE, AND AN OUTDOOR SWIMMING POOL ON 8.01 7 ACRES OF LAND GENERALLY LOCATED SOUTH OF PONTO DRIVE AND EAST OF CARLSBAD BOULEVARD IN LOCAL 8 FACILITIES MANAGEMENT ZONE 22. 9 CASE NAME: HILTON CARLSBAD BEACH RESORT CASE NO: RP 05-11 10 WHEREAS, Wave Crest Resorts II LLC, "Developer/Owner," has filed a 12 verified application with the City of Carlsbad AND Carlsbad Redevelopment Agency (RDA) 13 regarding property described as 14 All that portion of the south 2/3rds of Lot 4 (southeast quarter ,- of the southeast quarter) of Section 29, Township 12 South, Range 4 West, San Bernardino Meridian in the County of San 16 Diego, State of California according to official plat thereof and excluding the parcel described as Assessor's Parcel Number 17 214-590-04-00 18 ("the Property"); and 19 WHEREAS, said verified application constitutes a request for a Redevelopment 20 Permit as shown on Exhibits "A" - "ZZ" dated May 6, 2009, on file in the Planning 21 22 Department, HILTON CARLSBAD BEACH RESORT RP 05-11 as provided and required by 23 Sections 601 and 608 of the South Carlsbad Coastal Redevelopment Area (SCCRA) Plan; and 24 WHEREAS, the Hilton Carlsbad Beach Resort and Spa consists of the hotel itself, 25 which includes meeting facilities, restaurant, commercial parking, parking structure, and 26 improvements such as the circulation system including Ponto Drive which is two lanes with a 27 median; and28 WHEREAS, this Redevelopment Permit applies to those portions of the Hilton 2 Carlsbad Beach Resort and Spa within the boundaries of the SCCRA Plan; and 3 WHEREAS, Section 601 of the Redevelopment Plan states that permitted land 5 uses shall be those permitted by the General Plan and zoning ordinance, and all other state and 6 local building codes, guidelines, or specific plans as they now exist or hereafter amended; and 7 WHEREAS, processed concurrently with Redevelopment Permit 05-11 is Coastal Q Development Permit 09-04, Site Development Plan 05-14, and Coastal Development Permit 05- 9 43; and 10 WHEREAS, the Planning Commission is the review body for recommending and j2 processing land use permits proposed in the SCCRA; and 13 WHEREAS, the Planning Commission did, on May 6, 2009 , hold a duly noticed 14 public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony 16 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 17 relating to the Redevelopment Permit. 19 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Planning 20 Commission as follows: 21 A) That the foregoing recitations are true and correct. 22 B) That based on the evidence presented at the public hearing, the Planning 23 Commission RECOMMENDS APPROVAL to the Housing and Redevelopment Commission of HILTON CARLSBAD BEACH RESORT RP 05-11 based on 24 the following findings and subject to the following conditions: 25 General and Redevelopment Plan Consistency Findings; **)f\ 1. That the requested use is properly related to the site, surroundings and environmental 27 settings, is consistent with the various elements and objectives of the General Plan, will not be detrimental to existing uses or to uses specifically permitted in the area in which 28 the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the proposed 215 room hotel use is appropriate in the PC RESO NO. 6555 -2- Travel/Recreation Commercial Land Use and Tourist Commercial (C-T) Zoning 2 designations, that the proposed development meets the minimum development standards for the C-T Zone and the Poinsettia Properties Specific Plan and that 3 adequate separation and buffers will be provided to ensure compatibility with the nearby Single-Family Residential and Commercial Uses.4 2. That the project is consistent with the following goals of the South Carlsbad Coastal Redevelopment Area Plan: 6 a. Clean - Eliminate blight and environmental deficiencies in the Project Area. The 7 project will be replacing businesses (kennel, wood pile, refrigeration, and auto body) that are incompatible with the goals of the South Carlsbad Coastal ° Redevelopment Area Plan as well as the Ponto Beachfront Village Vision Plan n with a use that is desired for the area. Furthermore, the project consolidates 9 lots under separate ownership into two lots with one owner. 10 b. Reuse - Assembling of land into parcels for modern, integrated development with improved pedestrian and vehicular circulation in the Project Area. Rezoning, redesigning and developing properties which are stagnant or improperly utilized. The project entails a parcel map that consolidates nine lots into two lots. In addition, Ponto Drive will be constructed to serve the project along with a 13 pedestrian sidewalk along Carlsbad Boulevard. Play - Develop new beach and coastal recreational opportunities. The project 14 includes uses such as meeting facilities, spa, restaurant, and pool that will provide recreational opportunities. Shop - Enhance commercial and recreational functions in the Project Area. Increase parking and open space amenities. The project includes uses such as meeting facilities, spa, restaurant, pool, surface parking lot, basement garage, 17 and a parking structure. e. Help - Strengthen the economic base of the Project Area and the City by installation 18 of needed on and off-site improvements to stimulate new commercial/residential expansion, employment and economic growth. Ponto Drive will be constructed which will assist in stimulating new development in the Ponto Area. 20 f. Preserve - Implement performance criteria to assure quality site design and environmental standards to provide unity and integrity to the entire Project Area 21 development. The project will be using Craftsman/Cottage style architecture with varied quality building materials such as stucco, siding, shingles, contrasting white painted wood trim, white composite windows and doors. 23 3. That the project is consistent with the Ponto Beachfront Village Vision Plan 24 guidelines for the craftsman style Garden Hotel and includes the encouraged uses such as meeting facilities, restaurant, commercial parking, parking structure, and improvements such as the circulation system including Ponto Drive which is two ~ , lanes with a median./o 28 PC RESO NO. 6555 -3- 4. That the site for the intended use is adequate in size and shape to accommodate the use, in 2 that the project complies with all City policies and standards without the need for a variance from development standards. 3 5. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust 4 the requested use to existing or permitted future uses in the neighborhood will be _ provided and maintained, in that the project provides the required setbacks, incorporates landscaping consistent with the City of Carlsbad Landscape Manual 5 and screens adjacent land uses from the outdoor recreational component of the site with building mass. 7 6. That the street system serving the proposed use is adequate to properly handle all traffic 8 generated by the proposed use, in that the project takes vehicular access from Ponto „ Drive with adequate capacity to serve the project. The project generates 2,150 ADT and the improvements to Ponto Drive, Carlsbad Boulevard, and those roadway 10 segments located in the City of Encinitas as identified in the Ponto Beachfront Village Vision Plan Program Environmental Impact Report are adequate to handle 11 the project ADT and the application of the common parking facilities provision of • the Parking Ordinance and allowing a 15% parking reduction in required parking on the sight will not create an increase in traffic generation and will therefore not 13 have a greater impact on the surrounding street system than what was previously analyzed in the Ponto Beachfront Village Vision Plan certified Environmental 14 Impact Report (EIR 05-05) because the outdoor dining area, poolside grill, and meeting rooms will be predominantly used by existing onsite customers. Parking 15 and site circulation will not be impacted. 7. The Planning Director has determined that: 17 a. the project is a(n) subsequent activity of the Ponto Beachfront Village Plan for 1 g which a program EIR was prepared, and a notice for the activity has been given, which includes statements that this activity is within the scope of the program 19 approved earlier, and that the program EIR adequately describes the activity for the purposes of CEQA) [15168( c)(2) and (e)]; and b. this project is consistent with the Vision Plan cited above; and 21 c. EIR 05-05 was certified in connection with the prior plan; and d. the project has no new significant environmental effect not analyzed as significant 22 in the prior EIR; and e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR 23 under CEQA Guidelines Sections 15162 or 15163 exist; and 24 f. all feasible mitigation measures or project alternatives identified in the Ponto Beachfront Village Vision Plan EIR 05-05 which are appropriate to this 25 Subsequent Project have been incorporated into this Subsequent Project. 26 8. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 22 and all City public facility policies and 2 ordinances. The project includes elements or has been conditioned to construct or 2g provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational PCRESON0.6555 -4- 10 facilities; libraries; government administrative facilities; and open space, related to the 2 project will be installed to serve new development prior to or concurrent with need. 3 a. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. 4 b. A Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. c. The Local Facilities Management fee for Zone 22 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 9. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020) and Landscape Manual Section I B and the Ponto Beachfront Village Vision Plan. 10. The project is consistent with the Poinsettia Properties Specific Plan (SP 210) in that the project has provided a 34 foot setback from Ponto Drive and a 40 foot setback 11 from Carlsbad Blvd; the building height is 25 feet and one story within the boundaries of SP 210 and the lot coverage does not exceed 21,780 square feet. 12 11. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed , A to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 15 Conditions; 16 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit. 18 If any of the following conditions fail to occur, or if they are, by their terms, to be 19 implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the RDA 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; record a notice of violation on the 22 property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer 23 or a successor in interest by the RDA's approval of this Redevelopment Permit. 24 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 25 and modifications to the Redevelopment Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development 26 shall occur substantially as shown on approved Exhibits "A"-"ZZ" dated May 6, 2009. Any proposed development, substantially different from this approval, shall require an amendment to this approval. 28 PC RESO NO. 6555 -5- H 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 2 regulations in effect at the time of building permit issuance. 3 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 r 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 6 the condition complies with all requirements of law. 1 5, Developer shall implement, or cause the implementation of, those portions of the Ponto o Beachfront Village Vision Plan (EIR 05-05) Mitigation Monitoring and Reporting Program that are deemed applicable to this project by the Planning Director. 9 6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 10 harmless the RDA, its governing body members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the RDA arising, directly 12 or indirectly, from (a) RDA's approval and issuance of this Redevelopment Permit, (b)RDA's approval or issuance of any permit or action, whether discretionary or 13 nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 14 including without limitation, any and all 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 concluded and continues even if the RDA's 16 approval is not validated. 17 7. Developer shall submit to the Housing & Redevelopment and Planning Director a reproducible 24" x 36" mylar copy of the Site Plan for the Redevelopment Permit reflecting the conditions approved by the final decision-making body. 19 8. Developer shall include, as part of the plans submitted for any permit plancheck, a 20 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format.21 22 9. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its 23 obligation to provide school facilities. 24 10. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 22 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 26 11. This approval is granted subject to the approval of SDP 05-14, CDP 05-43, and CDP 09- 27 04; will become effective as of the effective date of all associated permits; and is subject to all conditions contained in Planning Commission Resolutions No. 6556, 6558, and 6559 for those other approvals incorporated herein by reference. PC RESO NO. 6555 -6- 12. This approval shall become null and void if building permits are not issued for this 2 project within 48 months from the effective project approval date. 3 13. Building permits will not be issued for this project unless the local agency providing 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 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. 6 14. This project has been found to result in impacts to wildlife habitat or other lands, such as 7 agricultural land, non-native grassland, and disturbed lands, which provide some benefits to wildlife, as documented in the City's Habitat Management Plan and the environmental analysis for this project. Developer is aware that the City has adopted an In-lieu 9 Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of 10 vegetation and animal species. The Developer is further aware that the City has determined that all projects will be required to pay the fee in order to be found consistent with the Habitat Management Plan and the Open Space and Conservation Element of the General Plan. Developer or Developer's successor(s) in interest shall pay the fee prior to recordation of a final map, or issuance of a grading permit or building permit, whichever 13 occurs first. If the In-lieu Mitigation Fee for this project is not paid, this project will not be consistent with the Habitat Management Plan and the General Plan and any and all 14 approvals for this project shall become null and void. 15. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 16 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by 17 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 22, 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 approval will not be consistent with the General Plan and shall become void. 20 16. Prior to the issuance of any building permit, Developer shall submit to the RDA a Notice of Restriction executed by the owner of the real property to be developed. Said 21 notice is to be filed in the office of the County Recorder, subject to the satisfaction of the Housing & Redevelopment and Planning Director, notifying all interested parties and successors in interest that the RDA has issued a(n) Redevelopment Permit by Resolution 23 No. 6555 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as 24 well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 27 17. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and 28 the City's Landscape Manual. Developer shall construct and install all landscaping as PC RESO NO. 6555 -7- 13 shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving 2 condition, free from weeds, trash, and debris. 3 18. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Department and accompanied by the 4 project's building, improvement, and grading plans. 19. This approval shall be null and void if the project site subject to this approval is not 6 annexed to City of Carlsbad CFD No. 1 within 60 days of the approval. The City shall not issue any grading, building, or other permit, until the annexation is completed. The 7 City Manager is authorized to extend the 60 days, for a period not to exceed 120 days, upon a showing of good cause. 5 9 20. Developer shall provide bus stops to service this development at locations and with reasonable facilities to the satisfaction of the North County Transit District and the 10 Planning Director. Said facilities, if required, shall be free from advertising and shall at a minimum include a bench and a pole for the bus stop sign. The facilities shall be * 1 designed to enhance or be consistent with basic architectural theme of the project. 12 21. All roof appurtenances, including air conditioners, shall be architecturally integrated and 13 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 14 Directors of Community Development and Planning. 22. Developer shall report, in writing, to the Housing & Redevelopment and Planning 16 Director within 30 days, any address change from that which is shown on the permit application. 17 23. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high 1 ° masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal jo Code Chapter 21,105. Location of said receptacles shall be approved by the Planning Director. Enclosure shall be of similar colors and/or materials to the project to the 20 satisfaction of the Planning Director. 21 24. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and the Planning Director of an Outdoor Storage Plan, and thereafter comply with the 23 approved plan. 24 25. Developer shall submit and obtain Planning Director approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any 25 impacts on adjacent homes or property. 26 T, •Engineering 27 Unless specifically stated in the condition, all of the following conditions, upon the approval of 28 this proposed development, must be met prior to approval of a building or grading permit, whichever occurs first. PC RESO NO. 6555 -8- ' 14 General 2 26. Prior to hauling dirt or construction materials to or from any proposed construction site 3 within this project, Developer shall apply for and obtain approval from the City Engineer for the proposed haul route.4 27. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the District Engineer has determined that adequate water and sewer facilities are available at the time of permit issuance. 28. Developer shall design sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. 29. Prior to issuance of a building permit, Developer shall cause property owner to submit and process the parcel map for Minor Subdivision MS 05-23 and record the Final Map that consolidates the existing parcels into the proposed hotel properly 11 boundary. All right-of-way dedications and proposed easements shall be reflected on the Final Map. 12 Fees/Agreements 13 14 30. Developer shall cause property owner to execute and submit to the City Engineer for recordation, the City's standard form Geologic Failure Hold Harmless Agreement. 15 31. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement. ' 32. Developer shall cause property owner to process, execute and submit an executed copy to jo the City Engineer for recordation a City standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement for the perpetual maintenance of all 19 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, 20 or the recordation of a parcel map, whichever occurs first for this Project. 91^' 33. Prior to issuance of a building permit for the project, owner shall agree to pay a fair 22 share contribution to the cost of improvements to the intersections and intersection approaches of La Costa Avenue with Vulcan Avenue and Coast Highway 101 23 located within the City of Encinitas. The intersection and associated intersection approach improvements include widening and/or replacement of the La Costa 24 Avenue bridge over the North County Transit District railroad tracks and are more specifically described in Appendix G-2 to the Ponto Beachfront Village Vision Plan EIR 05-05 ("Intersection Improvements"). The aggregate fair share contribution 25 from all the Ponto Beachfront Village Vision Plan area landowners/developers is fifty percent (50%) of the cost to design and construct Intersection Improvements 27 including any required right-of-way acquisition and environmental mitigation costs. The fair share contribution for each separate land owner/developer shall be determined based upon the ratio of the respective traffic generation resulting from a particular development to the overall traffic generation resulting from the aggregate PCRESONO. 6555 -9- 15 development of all the properties located within the Ponto Beachfront Village Vision 2 Plan area times the fifty percent (50%) share of Intersection Improvements. The owner shall pay the estimated fair share contribution, or submit an irrevocable 3 instrument of credit in a form acceptable to the Finance Director and City Attorney from one or more responsible financial institutions regulated by the state or federal 4 government and approved by the Finance Director and City Attorney, prior to building permit issuance and, enter into an agreement with the City to be recorded against the property that provides for adjustment of the fair share payment amount, 6 up or down, based upon a revision to the costs to construct Intersection Improvements or a revision to the amount of traffic generated by the project or the 7 overall traffic generation resulting from the aggregate development of all the properties located within the Ponto Beachfront Village Vision Plan area.o o 34. 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 1 o shown within the boundaries of the site plan into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the City Engineer. ,, 35. Developer shall cause property owner to execute and submit to the City Engineer for recordation a Maintenance Agreement to maintain the sidewalk, fire lane, trees, 14 landscaping and irrigation along the project's frontage on Carlsbad Boulevard. 15 36. Developer shall cause property owner to execute and submit to the City Engineer for recordation a Maintenance Agreement to maintain parkway and median trees, landscaping and irrigation along the project's Ponto Drive frontage, 17 Grading 18 37. Based upon a review of the proposed grading and the grading quantities shown on the site 19 plan, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports, for City Engineer review, and shall pay all applicable grading plan review fees per the City's latest fee schedule. 21 38. Developer shall apply for and obtain a grading permit from the City Engineer. Developer 22 shall pay all applicable grading permit fees per the City's latest fee schedule and shall post security per City Code requirements. 23 39. This project may require off site grading. No grading for private improvements shall occur outside the project unless Developer obtains, records, and submits a recorded copy, __ to the City Engineer, a temporary grading, construction or slope easement or agreement from the owners of the affected properties. If Developer is unable to obtain the temporary 26 grading or slope easement, or agreement, no grading permit will be issued. In that case Developer must either apply for and obtain an amendment of this approval or modify the 27 plans so grading will not occur outside the project and apply for and obtain a finding of substantial conformance and/or consistency determination from both the City Engineer and Planning Director. PCRESONO. 6555 -10- 40. Developer shall comply with the City's Stormwater Regulations, latest version, and shall 2 implement best management practices at all times. Best management practices include but are not limited to pollution treatment practices or devices, erosion control to prevent 3 silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or c- stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 6 41. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer 7 receipt of a Notice of Intention from the State Water Resources Control Board. 8 42. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP). The TIER 3 SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall 11 address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of the project. 43. Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban 14 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 15 Municipal Code all to the satisfaction of the City Engineer. 16 44. Developer shall incorporate Low Impact Development (LID) design techniques, on all final design plans submitted to the City, to reduce the amount of run-off by mimicking the natural hydrologic function of the site by preserving natural open-spaces and natural drainage channels, minimizing impervious surfaces, promoting infiltration and evaporation of run-off before run-off leaves the site. Developer shall incorporate LID 19 techniques using current County of San Diego Low Impact Development Handbook (Stormwater Management Strategies). LID techniques include, but are not limited to: vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the volume, peak flow rate, velocity and pollutants. 22 45. Prior to approval of grading and improvement plans, Developer shall obtain approval for the undergrounding or relocation of the existing overhead utilities 23 within the project boundary, and for the quitclaim of the conflicting underlying easements. The construction work to underground or relocate of these utilities may be performed, at Developer's expense, concurrent with the grading operation. The 2<- quitclaim of the underlying easements must be recorded at the San Diego County Recorder's Office prior to the issuance of the hotel and the parking structures' 26 building permits. Dedications/Improvements 28 46. Developer shall design the private drainage systems, as shown on the site plan to the satisfaction of the City Engineer. All private drainage systems (12" diameter storm drain PC RESO NO. 6555 -11- 17 and larger) shall be inspected by the City, Developer shall pay the standard improvement 2 plan check and inspection fees for private drainage systems. 3 47. Developer shall prepare and process public improvement plans and, prior to City Engineer approval of said plans, shall execute a City standard Development Improvement 4 Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements shown on the site plan. Said improvements shall be installed to City Standards to the satisfaction of the City Engineer. These improvements include, but are not limited to: 7 A. Half-street improvements of Carlsbad Boulevard along the project frontage. Half-street improvements shall include a 32-ft paved half-street width consisting of two 12-ft traffic lanes, an 8-ft bike lane, curb and gutter, meandering sidewalk, street lights, fire hydrants, median curb, median grading, parkway and median landscaping and irrigation, signing and 10 striping, and street drainage facilities, all to the satisfaction of the City Engineer. 11 -_ B. Dedicated left-turn lane on north bound Carlsbad Boulevard at its intersection with Ponto Drive, including modifications to the existing traffic 13 signal, signing and striping, all to the satisfaction of the City Engineer. 14 C. Complete half-street improvements of Ponto Drive along the project frontage from Carlsbad Boulevard to the southerly property line south of the parking structure easterly of Ponto Drive, as shown in the site plan. The improvements shall consist of curb, gutter, sidewalk, five-ft bike lane, street lights, fire hydrants, median curbs with full median hardscape, parkway and 17 full median landscaping and irrigation, street drainage facilities, signing and striping, and wayfinding signage, all to the satisfaction of the City Engineer. 18 ,„ D. Temporary improvements to Ponto Drive from the improvements terminus listed above to its intersection with Beach Way, including a transition, with 20 safety features, from the above improvements elevation to the existing ground elevation, and a transition to Beach Way's existing improvements, all 21 to the satisfaction of the City Engineer. 22 E. Construct an extension to the existing 8" potable water line in Ponto Drive 23 from its existing terminus southerly along the project frontage. 24 F. Construct an extension to the existing 8" recycled water line in Ponto Drive from its existing terminus southerly along the project frontage. Developer shall pay the standard improvement plan check and inspection fees. Improvements listed above shall be constructed within 18 months of approval of the 27 subdivision or development improvement agreement or such other time as provided in said agreement. 28 48. Developer shall execute a City standard Development Improvement Agreement to PC RESO NO. 6555 -12- design and install, and shall post security in accordance with C.M.C. Section 2 20.16.070, for full-width public improvements, within the project boundary, for the extension of Ponto Drive from the improvements' terminus listed in condition 47C 3 to its intersection with Beach Way. The improvements shall consist of curb, gutter, sidewalk within the project frontage, five-ft bike lane, street lights, fire hydrants, median curbs with full median hardscape, parkway and full median landscaping <- and irrigation, street drainage facilities, signing and striping, and wayfinding signage, all to the satisfaction of the City Engineer. 6 49. Prior to issuance of building permits, Developer shall underground all existing overhead 7 utilities along the project boundary. Developer shall coordinate with all affected utility companies regarding potential conflicts with the location of the underground 8 utilities. 9 50. Developer shall design, and obtain approval from the City Engineer, the structural section 10 for the access aisles with a traffic index of 5.0 in accordance with City Standards due to truck access through the parking area and/or aisles with an ADT greater than 500. Prior to 11 completion of grading, the final structural pavement design of the aisle ways shall be submitted together with required R-value soil test information subject to the review and approval of the City Engineer. 13 Utilities 14 51. Developer shall meet with the Fire Marshal to determine if fire protection measures (fire 15 flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by ° public water mains to the satisfaction of the District Engineer. 52. Developer shall design and construct public facilities within public right-of-way or within 1 g minimum 20-foot wide easements granted to the District or the City of Carlsbad. At the discretion of the District or City Engineer, wider easements may be required for adequate 19 maintenance, access and/or joint utility purposes. ™ 53. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges 2| for connection to public facilities, 22 54. The Developer shall design landscape and irrigation plans utilizing recycled water as a source and prepare and submit a colored recycled water use map to the Planning 23 Department for processing and approval by the District Engineer. 24 55, Developer shall install potable water and/or recycled water services and meters at locations approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. *jf- 56. The Developer shall install sewer laterals and clean-outs at locations approved by the City 27 Engineer. The locations of sewer laterals shall be reflected on public improvement plans. 28 PC RESO NO. 6555 -13- n 57. The Developer shall design and construct public water, sewer, and recycled water 2 facilities substantially as shown on the site plan to the satisfaction of the District Engineer and City Engineer. 3 58. The Developer shall meet with and obtain approval from the Leucadia Wastewater 4 District, and other affected utilities, regarding the proposed surface improvements to be constructed within their respective easements or over their facilities. ,- 59. The Developer shall submit a detailed sewer study, prepared by a Registered Engineer, that identifies the peak flows of the project, required pipe sizes, depth of flow in pipe, 7 velocity in the main lines, and the capacity of the existing infrastructure. Said study shall be submitted concurrently with the improvement plans for the project and the study shall 8 be prepared to the satisfaction of the District Engineer. 60. The Developer shall submit a detailed potable water study, prepared by a Registered iQ 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 11 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. 12 Code Reminders: 14 61. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 15 62. Approval of this request shall not excuse compliance with all applicable sections of the 16 Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 18 63. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 19 64. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 20 Code Section 18.04.320. 21 65. Any signs proposed for this development shall at a minimum be designed in conformance 22 with the City's Sign Ordinance, South Carlsbad Coastal Redevelopment Area Plan, and the Ponto Beachfront Village Vision Plan and shall require review and approval of 23 the Planning Director prior to installation of such signs. 24 66. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and 25 Section 13.10 of the City of Carlsbad Municipal Code, respectively, The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the site plan are for 26 planning purposes only. 27 28 PC RESO NO. 6555 -14- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on May 6, 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Commissioners Baker, Boddy, Cardosa, Dominguez, Douglas, Whitton, and Chairperson Montgomery MARTELL B. MONTGOMERY, Ckfflperson CARLSBAD PLANNING COMMllflON ATTEST: DON NEU Planning Director PCRESONO. 6555 -15- 1 PLANNING COMMISSION RESOLUTION NO. 6556 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE DEVELOPMENT PLAN SDP 05-14 TO DEVELOP A 215 4 ROOM, THREE-STORY HOTEL WITH 10,385 SQUARE FEET 5 OF CONFERENCE SPACE, A 5,100 SQUARE FOOT DAY SPA, A 5,100 SQUARE FOOT RESTAURANT, A TWO-STORY 6 PARKING STRUCTURE, A BASEMENT GARAGE, AND AN OUTDOOR SWIMMING POOL ON 8.01 ACRES OF LAND V GENERALLY LOCATED SOUTH OF PONTO DRIVE AND EAST OF CARLSBAD BOULEVARD IN LOCAL FACILITIES 8 MANAGEMENT ZONE 22. 9 CASE NAME: HILTON CARLSBAD BEACH RESORT CASE NO.: SDP 05-14 10 WHEREAS, Wave Crest Resorts II, LLC, "Developer/Owner," has filed a j2 verified application with the City of Carlsbad regarding property described as 13 AH that portion of the south 2/3rds of Lot 4 (southeast quarter of the southeast quarter) of Section 29, Township 12 South, 14 Range 4 West, San Bernardino Meridian in the County of San Diego, State of California according to official plat thereof 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Site Development 18 Plan as shown on Exhibits "A" - "ZZ" dated May 6, 2009, on file in the Planning Department, 19 HILTON CARLSBAD BEACH RESORT SDP 05-14 as provided by Chapter 21.06/Section 20 21.53.120 of the Carlsbad Municipal Code; and 21 WHEREAS, the Planning Commission did, on May 6, 2009 , hold a duly noticed 23 public hearing as prescribed by law to consider said request; and 24 WHEREAS, at said public hearing, upon hearing and considering all testimony 25 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 26 relating to the Site Development Plan. 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 28 Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 2 B) That based on the evidence presented at the public hearing, the Planning 3 Commission APPROVES HILTON CARLSBAD BEACH RESORT - SDP 05-14 based on the following findings and subject to the following conditions: c Findings; 6 1. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan, based on the facts set forth in the staff report dated May 6, 2009 including, but not limited to the following: The proposed hotel and spa is designed in a Craftsman/Cottage architectural style that is compatible with the Hanover Beach Colony to the north. Because of its location, the 9 project does not have direct access to the beach, but development of the site with a tourist serving use and public improvements to the vehicular and pedestrian 10 circulation system will enhance beach access and the efficiency of public transportation. Project parking will be made available to the public; Project access is limited to Ponto Drive which is a local street. No vehicular access is provided on 12 Carlsbad Boulevard. The project has a limited number of at grade parking spaces. These parking areas are proposed to be screened from public view through the use 13 of various landscape materials. The landscape palette includes trees and vertical shrubs that will soften the visual impact of the parking structure; The project frontage improvements along Carlsbad Boulevard include enhanced landscape and hardscape consistent with the Scenic Corridor Guidelines and Ponto Beachfront Village Vision Plan. 16 That the requested use is properly related to the site, surroundings and environmental 17 settings, is consistent with the various elements and objectives of the General Plan, will not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the proposed 215 room hotel use is appropriate in the Travel/Recreation Commercial Land Use and Tourist Commercial (C-T) Zoning 20 designations, that the proposed development meets the minimum development standards for the C-T Zone and the Poinsettia Properties Specific Plan and that the project is setback 100-200 feet from homes in the Hanover Beach Colony and slopes and berms up to seven feet in height in combination with shrub and tree plantings create adequate buffers that would ensure compatibility with the nearby Single- 23 Family Residential and Commercial Uses. 24 3. That the project is consistent with the Ponto Beachfront Village Vision Plan guidelines for the craftsman style Garden Hotel and includes the encouraged uses. 25 The hotel is full service in that it includes 10,385 sq.ft. of conference space, a 5,100 sq.ft. day spa, a 5,100 square foot restaurant, the project is designed with Craftsman details including shingles, siding, contrasting color window and door frames, 27 exposed rafter tails, shingle roof tiles, and exposed wood timbers. The hotel massing is single story near Hanover Beach Colony. Rooms are accessed from interior 28 corridors and the hotel lobby features a porte-cochere and the project focus is the building. The pool/recreation area is located within an open courtyard and shielded PC RESO NO. 6556 -2- from surrounding uses. A restaurant and spa are open to the public. Ocean views 2 are preserved for approximately one third of the Hanover Beach Colony homes that are located along Ponto Drive. The service area is located in the underground 3 garage and is accessed from Ponto Drive across from the proposed parking garage. 4 4. That the site for the intended use is adequate in size and shape to accommodate the use, in that the project complies with all City policies and development standards without the need for a variance from development standards. 6 5. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust 7 the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that the project site design locates the conference facilities ° at the northern edge of the property closest to the Hanover Beach Colony and the „ driveway entrance and lobby slightly south on Ponto Drive. The lobby area is setback from Ponto Drive approximately 120 feet and is buffered from the street by 10 the use of a seven foot berm with a gentle slope of 3:1 and dense landscape. The three-story portions of the hotel are located south of the conference facilities and 11 lobby and are oriented in a north-south configuration. Ten of the 215 rooms face the Hanover Beach Colony; however they are located approximately 300 feet south of that neighborhood. The hotel recreation area includes a swimming pool and deck j ^ area that is surrounded on three sides by the three-story hotel building and shielded from the adjacent residential neighborhood. Parking for the various uses is 14 provided in surface parking lots near the front entrance of the hotel and at the south end of the hotel (46 spaces), in a parking structure (268 spaces), and in a basement 15 garage (81 spaces) and are screened from Ponto Drive through the use of berming, vertical shrubs, and trees. The parking structure, located east of Ponto Drive and south of the Hanover Beach Colony RV storage facility, incorporates some of the 17 same design elements as the hotel structure on two towers that accent the north and south elevations and significant landscape is also provided adjacent to the parking 18 structure to ensure compatibility. 19 6. That the street systems serving the proposed use is adequate to properly handle all traffic »~ generated by the proposed use, in that the project takes vehicular access from Ponto Drive with adequate capacity to serve the project. The project generates 2,150 ADT 21 and the improvements to Ponto Drive and the existing Carlsbad Boulevard roadway are adequate to handle the project ADT. The application of the common parking 22 facilities provision of the Parking Ordinance and allowing a 15% parking reduction in required parking on the sight will not create an increase in traffic generation and will therefore not have a greater impact on the surrounding street system than what 24 was previously analyzed in the Ponto Beachfront Village Vision Plan certified Environmental Impact Report (EIR 05-05) because the outdoor dining area, 25 poolside grill, and meeting rooms will be predominantly used by existing onsite guests of the hotel, conference attendees and residents and visitors of the Ponto 26 Village who will access the site via pedestrian walkways. Parking and site ~7 circulation will not be impacted. 28 PC RESO NO. 6556 -3- 7. The Planning Director has determined that: 2 a. the project is a(n) subsequent activity of the Ponto Beachfront Village Vision 3 Plan for which a program EIR was prepared, and a notice for the activity has been given, which includes statements that this activity is within the scope of the program approved earlier, and that the program EIR adequately describes the activity for the purposes of CEQA) [15168( c)(2) and (e)]; and b. this project is consistent with the Vision Plan cited above; and 7 c. EIR 05-05 was certified in connection with the prior plan; and 8 d. the project has no new significant environmental effect not analyzed as significant in the prior EIR; and 9 e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR ' ° under CEQA Guidelines Sections 1 5 1 62 or 1 5 1 63 exist; and all feasible mitigation measures or project alternatives identified in the Ponto 12 Beachfront Village Vision Plan EIR 05-05 which are appropriate to this Subsequent Project have been incorporated into this Subsequent Project. 13 8. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 22 and all City public facility policies and . - ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection 16 and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the 1 7 project will be installed to serve new development prior to or concurrent with need. a. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. 20 b. A Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. 21 c. The Local Facilities Management fee for Zone 22 is required by Carlsbad 22 Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 9. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B and the Ponto Beachfront 25 Village Vision Plan. 26 10. The project is consistent with the Poinsettia Properties Specific Plan (SP 210) in that the project has provided a 34 foot setback from Ponto Drive and a 40 foot setback 27 from Carlsbad Blvd; the building height is 25 feet and one story within the boundaries of SP 210 and the lot coverage does not exceed 21,780 square feet. PC RESO NO. 6556 -4- 11. The Planning Commission has reviewed each of the exactions imposed on the Developer 2 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 3 degree of the exaction is in rough proportionality to the impact caused by the project. 4 Conditions; Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a 5 grading permit. 7 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 ° implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy 10 issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Site Development Plan. 13 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Site Development Plan documents, as necessary to make them 14 internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on approved Exhibits "A"-"ZZ" dated May 6,2009. Any proposed development, substantially different from this approval, shall require an amendment to this approval. 17 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 18 , „ 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 20 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 21 unless the City Council determines that the project without the condition complies with all requirements of law. 23 5. Developer shall implement, or cause the implementation of, those portions of the Ponto Beachfront Village Vision Plan (EIR 05-05) Mitigation Monitoring and Reporting 24 Program that are deemed applicable by the Planning Director. 6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 2/r harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 27 and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Site Development Plan, 28 (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and PC RESO NO. 6556 -5- (c) Developer/Operator's installation and operation of the facility permitted hereby, 2 including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation 3 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated.4 7. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of the Site Plan reflecting the conditions approved by the final decision-making body. 8. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing 0 format,o 9 9. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its 10 obligation to provide school facilities. 10. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 22 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 13 11. This approval is granted subject to the approval of RP 05-11, CDP 05-43, and CDP 09- 14 04; will become effective as of the date that all associated permits (RP 05-11, CDP 05-43, and CDP 09-04) are effective, is subject to all conditions contained in Planning Commission Resolutions No. 6555, 6558, and 6559 for those other approvals 16 incorporated herein by reference; and is subordinate to any conflicting conditions of Planning Commission Resolution No. 6555 which is the prevailing resolution. 17 12. This approval shall become null and void if building permits are not issued for this project within 48 months from the effective project approval date. 19 13. Building permits will not be issued for this project unless the local agency providing 20 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 the time of the application for the building permit, and that water and sewer capacity and 22 facilities will continue to be available until the time of occupancy. 23 14. This project has been found to result in impacts to wildlife habitat or other lands, such as agricultural land, non-native grassland, and disturbed lands, which provide some benefits 24 to wildlife, as documented in the City's Habitat Management Plan and the environmental analysis for this project. Developer is aware that the City has adopted an In-lieu Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City 26 Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of vegetation and animal species. The Developer is further aware that the City has 27 determined that all projects will be required to pay the fee in order to be found consistent with the Habitat Management Plan and the Open Space and Conservation Element of the General Plan. Developer or Developer's successor(s) in interest shall pay the fee prior to recordation of a final map, or issuance of a grading permit or building permit, whichever PC RESO NO. 6556 -6- occurs first. If the In-lieu Mitigation Fee for this project is not paid, this project will not 2 be consistent with the Habitat Management Plan and the General Plan and any and all approvals for this project shall become null and void. 3 15. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 4 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section - 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable 6 Local Facilities Management Plan fee for Zone 22, 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 7 approval will not be consistent with the General Plan and shall become void. g 16. Prior to the issuance of any building permit, Developer shall submit to the City a Notice 9 of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the Planning 10 Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Site Development Plan by Resolution No. 6555 on the property. Said Notice of Restriction shall note the property description, location of the file 12 containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The 13 Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer 14 or successor in interest. 17. Developer shall submit and obtain Planning Director approval of a Final Landscape and 16 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan, the City's Landscape Manual, and a modification to the slope, landscape materials, and 17 retaining wall, all located at the hotel entry with the purpose of providing greater buffering from light and noise generated in the general vicinity of the port-cochere, from all activities associated with the hotel entrance including the movement and in parking of vehicles. Special attention shall also be given to the area located in between the hotel parking structure and the Hanover Beach Colony recreational 20 vehicle storage yard to create a visual screen through an appropriate number, location, and size of trees. Developer shall construct and install all landscaping as shown 21 on the approved Final Plans, and maintain all landscaping in a healthy and thriving ~~ condition, free from weeds, trash, and debris. 23 18. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Department and accompanied by the 24 project's building, improvement, and grading plans. 25 19. This approval shall be null and void if the project site subject to this approval is not 26 annexed to City of Carlsbad CFD No. 1 within 60 days of the approval. The City shall not issue any grading, building, or other permit, until the annexation is completed. The 27 City Manager is authorized to extend the 60 days, for a period not to exceed 120 days, upon a showing of good cause.28 PC RESO NO. 6556 -7- 20. Developer shall provide bus stops to service this development at locations and with 2 reasonable facilities to the satisfaction of the North County Transit District and the Planning Director. Said facilities, if required, shall be free from advertising and shall at a 3 minimum include a bench and a pole for the bus stop sign. The facilities shall be designed to enhance or be consistent with basic architectural theme of the project. 4 e 21, All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in 6 substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. 7 22. Developer shall report, in writing, to the Planning Director within 30 days, any address change from that which is shown on the permit application. 9 23. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high 10 masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the Planning ' * Director. Enclosure shall be of similar colors and/or materials to the project to the , 2 satisfaction of the Planning Director. 13 24. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and 14 the Planning Director of an Outdoor Storage Plan, and thereafter comply with the approved plan. 16 25. Developer shall submit and obtain Planning Director approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any 17 impacts on adjacent homes or property. Specific attention shall be given to the perimeter of the project site that is across the street from the Hanover Beach 18 Colony. 19 Engineering 20 Unless specifically stated in the condition, all of the following conditions, upon the approval of 21 this proposed development, must be met prior to approval of a building or grading permit, „_ whichever occurs first. 23 General 24 26. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from the City Engineer for the proposed haul route. *\£ 27. This project is approved upon the express condition that building permits will not be 27 issued for the development of the subject property, unless the District Engineer has determined that adequate water and sewer facilities are available at the time of permit 28 issuance. PC RESO NO. 6556 -8- 28. Developer shall design sight distance corridors at all street intersections and driveways in 2 accordance with City Engineering Standards. 3 29. Prior to the issuance of building permits, Developer shall cause property owner to submit and process the parcel map for Minor Subdivision MS 05-23 and record the Final Map 4 that consolidates the existing parcels into the proposed hotel property boundary. All right- of-way dedications and proposed easements shall be reflected on the Final Map. s Fees/Agreements 7 30. Developer shall cause property owner to execute and submit to the City Engineer for recordation, the City's standard form Geologic Failure Hold Harmless Agreement. 8 31. Developer shall cause property owner to execute and submit to the City Engineer for " recordation the City's standard form Drainage Hold Harmless Agreement. 32. Developer shall cause property owner to process, execute and submit an executed copy to j i the City Engineer for recordation a City standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement for the perpetual maintenance of all 12 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 parcel map, whichever occurs first for this Project. 14 33. Prior to issuance of a building permit for the project, owner shall agree to pay a fair 15 share contribution to the cost of improvements to the intersections and intersection approaches of La Costa Avenue with Vulcan Avenue and Coast Highway 101 16 located within the City of Encinitas. The intersection and associated intersection approach improvements include widening and/or replacement of the La Costa 1' Avenue bridge over the North County Transit District railroad tracks and are more , o specifically described in Appendix G-2 to the Ponto Beachfront Village Vision Plan EIR 05-05 ("Intersection Improvements"). The aggregate fair share contribution 19 from all the Ponto Beachfront Village Vision Plan area landowners/developers is fifty percent (50%) of the cost to design and construct Intersection Improvements 20 including any required right-of-way acquisition and environmental mitigation costs. The fair share contribution for each separate land owner/developer shall be determined based upon the ratio of the respective traffic generation resulting from a 22 particular development to the overall traffic generation resulting from the aggregate development of all the properties located within the Ponto Beachfront Village Vision 23 Plan area times the fifty percent (50%) share of Intersection Improvements. The owner shall pay the estimated fair share contribution, or submit an irrevocable 24 instrument of credit in a form acceptable to the Finance Director and City Attorney 25 from one or more responsible financial institutions regulated by the state or federal government and approved by the Finance Director and City Attorney, prior to 26 building permit issuance and, enter into an agreement with the City to be recorded against the property that provides for adjustment of the fair share payment amount, 27 up or down, based upon a revision to the costs to construct Intersection Improvements or a revision to the amount of traffic generated by the project or the overall traffic generation resulting from the aggregate development of all the properties located within the Ponto Beachfront Village Vision Plan area. PC RESO NO. 6556 -9- 34. Prior to approval of any grading or building permits for this project, Developer shall 2 cause Owner to give written consent to the City Engineer for the annexation of the area shown within the boundaries of the site plan into the existing City of Carlsbad Street 3 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. 35. Developer shall cause property owner to execute and submit to the City Engineer 6 for recordation a Maintenance Agreement to maintain the sidewalk, fire lane, trees, landscaping and irrigation along the project's frontage on Carlsbad Boulevard. 7 36. Developer shall cause property owner to execute and submit to the City Engineer for recordation a Maintenance Agreement to maintain parkway and median trees, n landscaping and irrigation along the project's Ponto Drive frontage. 10 Grading 11 37. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports, for City Engineer review, and shall pay all applicable 13 grading plan review fees per the City's latest fee schedule, 14 38. Developer shall apply for and obtain a grading permit from the City Engineer. Developer shall pay all applicable grading permit fees per the City's latest fee schedule and shall 15 post security per City Code requirements. 1" 39. This project may require off site grading. No grading for private improvements shall . 7 occur outside the project unless Developer obtains, records, and submits a recorded copy, to the City Engineer, a temporary grading, construction or slope easement or agreement 1 g from the owners of the affected properties. If Developer is unable to obtain the temporary grading or slope easement, or agreement, no grading permit will be issued. In that case 19 Developer must either apply for and obtain an amendment of this approval or modify the plans so grading will not occur outside the project and apply for and obtain a finding of substantial conformance and/or consistency determination from both the City Engineer 21 and Planning Director. 22 40. Developer shall comply with the City's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include 23 but are not limited to pollution treatment practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or 25 devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify 26 prospective owners and tenants of the above requirements. 27 41, Prior to the issuance of a grading permit, Developer shall submit to the City Engineer receipt of a Notice of Intention from the State Water Resources Control Board.28 42. Prior to the issuance of grading permit or building permit, whichever occurs first, PC RESO NO. 6556 -10- 3! Developer shall submit for City approval a Tier 3 Storm Water Pollution Prevention Plan 2 (TIER 3 SWPPP). The TIER 3 SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water 3 Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of the project. 43. Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." 6 The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban 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 all to the satisfaction of the City Engineer.o n 44. Developer shall incorporate Low Impact Development (LID) design techniques, on all final design plans submitted to the City, to reduce the amount of run-off by mimicking 10 the natural hydrologic function of the site by preserving natural open-spaces and natural drainage channels, minimizing impervious surfaces, promoting infiltration and evaporation of run-off before run-off leaves the site. Developer shall incorporate LID techniques using current County of San Diego Low Impact Development Handbook (Stormwater Management Strategies). LID techniques include, but are not limited to: 13 vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the volume, peak flow rate, velocity and pollutants. 14 45. Prior to approval of grading and improvement plans, Developer shall obtain 15 approval for the undergrounding or relocation of the existing overhead utilities within the project boundary, and for the quitclaim of the conflicting underlying easements. The construction work to underground or relocate of these utilities may 17 be performed, at Developer's expense, concurrent with the grading operation. The quitclaim of the underlying easements must be recorded at the San Diego County 18 Recorder's Office prior to the issuance of the hotel and the parking structures' building permits. 2Q Dedications/Improvements 21 46. Developer shall design the private drainage systems, as shown on the site plan to the satisfaction of the City Engineer. All private drainage systems (12" diameter storm drain 22 and larger) shall be inspected by the City. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. 24 47. Developer shall prepare and process public improvement plans and, prior to City Engineer approval of said plans, shall execute a City standard Development Improvement 25 Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements shown on the site plan. Said improvements shall be installed to 26 city Standards to the satisfaction of the City Engineer. These improvements include, but are not limited to: 2g A. Half-street improvements of Carlsbad Boulevard along the project frontage. Half-street improvements shall include a 32-ft paved half-street width PCRESONO. 6556 -11- consisting of two 12-ft traffic lanes, an 8-ft bike lane, curb and gutter, 2 meandering sidewalk, street lights, fire hydrants, median curb, median grading, parkway and median landscaping and irrigation, signing and 3 striping, and street drainage facilities, all to the satisfaction of the City Engineer.4 c B. Dedicated left-turn lane on north bound Carlsbad Boulevard at its intersection with Ponto Drive, including modifications to the existing traffic 6 signal, signing and striping, all to the satisfaction of the City Engineer. 7 C. Complete half-street improvements of Ponto Drive along the project frontage „ from Carlsbad Boulevard to the southerly property line south of the parking structure easterly of Ponto Drive, as shown in the site plan. The 9 improvements shall consist of curb, gutter, sidewalk, five-ft bike lane, street lights, fire hydrants, median curbs with full median hardscape, parkway and 10 full median landscaping and irrigation, street drainage facilities, signing and striping, and wayfinding signage, all to the satisfaction of the City Engineer. 12 D. Temporary improvements to Ponto Drive from the improvements terminus listed above to its intersection with Beach Way, including a transition, with 13 safety features, from the above improvements elevation to the existing ground elevation, and a transition to Beach Way's existing improvements, all 14 to the satisfaction of the City Engineer. E. Construct an extension to the existing 8" potable water line in Ponto Drive 16 from its existing terminus southerly along the project frontage. 17 F. Construct an extension to the existing 8" recycled water line in Ponto Drive from its existing terminus southerly along the project frontage. lo 19 Developer shall pay the standard improvement plan check and inspection fees. Improvements listed above shall be constructed within 18 months of approval of the 20 subdivision or development improvement agreement or such other time as provided in said agreement.21 ->2 48. Developer shall execute a City standard Development Improvement Agreement to design and install, and shall post security in accordance with C.M.C. Section 23 20.16.070, for full-width public improvements, within the project boundary, for the extension of Ponto Drive from the improvements' terminus listed in condition 47C 24 to its intersection with Beach Way. The improvements shall consist of curb, gutter, sidewalk within the project frontage, five-ft bike lane, street lights, fire hydrants, median curbs with full median hardscape, parkway and full median landscaping 26 and irrigation, street drainage facilities, signing and striping, and wayfinding signage, all to the satisfaction of the City Engineer. 27 49. Prior to issuance of building permits, Developer shall underground all existing overhead 28 utilities along the project boundary. Developer shall coordinate with all affected utility companies regarding potential conflicts with the location of the underground PC RESO NO. 6556 -12- utilities. 2 50. Developer shall design, and obtain approval from the City Engineer, the structural section 3 for the access aisles with a traffic index of 5.0 in accordance with City Standards due to truck access through the parking area and/or aisles with an ADT greater than 500. Prior to 4 completion of grading, the final structural pavement design of the aisle ways shall be submitted together with required R-value soil test information subject to the review and approval of the City Engineer. 6 Utilities 7 51. Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. 52. Developer shall design and construct public facilities within public right-of-way or within 11 minimum 20-foot wide easements granted to the District or the City of Carlsbad. At the discretion of the District or City Engineer, wider easements may be required for adequate 12 maintenance, access and/or joint utility purposes. 53. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges , 4 for connection to public facilities. 15 54. The Developer shall design landscape and irrigation plans utilizing recycled water as a source and prepare and submit a colored recycled water use map to the Planning 16 Department for processing and approval by the District Engineer. 55. Developer shall install potable water and/or recycled water services and meters at locations approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. 19 56. The Developer shall install sewer laterals and clean-outs at locations approved by the 20 city Engineer. The locations of sewer laterals shall be reflected on public improvement plans. 22 57. The Developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the site plan to the satisfaction of the District Engineer and City Engineer. 24 58. The Developer shall meet with and obtain approval from the Leucadia Wastewater District, and other affected utilities, regarding the proposed surface improvements to ~s be constructed within their respective easements or over their facilities. 27 59. The Developer shall submit a detailed sewer study, prepared by a Registered Engineer, 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 PC RESO NO. 6556 -13- be submitted concurrently with the improvement plans for the project and the study shall 2 be prepared to the satisfaction of the District Engineer. 60. The Developer shall submit a detailed potable water study, prepared by a Registered 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 5 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. 6 Code Reminders: 7 61. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 9 62. Approval of this request shall not excuse compliance with all applicable sections of the 10 Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. ,~ 63. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 13 64. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 14 Code Section 18.04.320. 65. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance, South Carlsbad Coastal Redevelopment Area Plan, and the Ponto Beachfront Village Vision Plan and shall require review and approval of 17 the Planning Director prior to installation of such signs. 66. 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. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the site plan are for 20 planning purposes only. 21 22 23 24 25 26 27 28 PCRESONO. 6556 -14- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on May 6, 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Commissioners Baker, Boddy, Cardosa, Dominguez, Douglas, Whitton, and Chairperson Montgomery MARTELL B. MONTG^ CARLSBAD PLANNING COM! ATTEST: rperson SIGN DON NEU Planning Director PC RESO NO. 6556 -15- 3to 1 PLANNING COMMISSION RESOLUTION NO. 6558 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT CDP 05-43 TO ALLOW 4 FOR THE DEMOLITION OF EXISTING STRUCTURES AND 5 TO DEVELOP A 215 ROOM, THREE-STORY HOTEL WITH 10,385 SQUARE FEET OF CONFERENCE SPACE, A 5,100 6 SQUARE FOOT DAY SPA, A 5,100 SQUARE FOOT RESTAURANT, A TWO-STORY PARKING STRUCTURE, A ? BASEMENT GARAGE, AND AN OUTDOOR SWIMMING POOL ON 8.01 ACRES OF LAND GENERALLY LOCATED SOUTH OF PONTO DRIVE AND EAST OF CARLSBAD 9 BOULEVARD IN LOCAL FACILITIES MANAGEMENT ZONE 22. 10 CASE NAME: HILTON CARLSBAD BEACH RESORT CASE NO.: CDP 05-4311 12 WHEREAS, Wave Crest Resorts II, LLC, "Developer/Owner," has filed a 13 verified application with the City of Carlsbad regarding property described as 14 A portion of that portion of the south 2/3rds of Lot 4 (southeast quarter of the southeast quarter) of Section 29, Township 12 South, Range 4 West, San Bernardino Meridian in the County 16 of San Diego, State of California according to official plat thereof further described as Assessor's Parcel Number 214- 17 590-04-00 18 ("the Property"); and 19 WHEREAS, said verified application constitutes a request for a Coastal 20 Development Permit as shown on Exhibits "A" - "ZZ" dated May 6, 2009, on file in the 21 Planning Department, HILTON CARLSBAD BEACH RESORT CD 05-43, as provided by 23 Chapter 21.201.040 of the Carlsbad Municipal Code; and 24 WHEREAS, the Planning Commission did, on May 6, 2009, hold a duly noticed TC public hearing as prescribed by law to consider said request; and *"? f\ WHEREAS, at said public hearing, upon hearing and considering all testimony 27 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 28 relating to the CDP. 31 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission of the City of Carlsbad as follows: 3 A) That the foregoing recitations are true and correct. 4 c B) That based on the evidence presented at the public hearing, the Commission APPROVES HILTON CARLSBAD BEACH RESORT - CDP 05-43 based on 6 the following findings and subject to the following conditions: Findings; 1. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the LCP Land Use and Zoning designations for the site are Travel/Recreation Commercial (TR)/Residential Medium High 10 (RMH) and Tourist Commercial (C-T)TResidential Density- Multiple (RDM) respectively. The hotel and spa proposal is an allowed use within the TR Land Use and C-T Zoning designations with the approval of a Coastal Development Permit. The three-story hotel and spa will not obstruct views of the coastline as seen from public land or the public Carlsbad Boulevard right-of-way, nor otherwise damage the visual beauty of the coastal zone. Consistent with the mitigation criteria established for the approval of the Poinsettia Properties Specific Plan, the project is 14 subject to the payment of an Agricultural Conversion Mitigation fee. The proposed hotel and spa is not located in any known areas of geologic instability or flood * hazard. There are no wetlands located within 100 feet of the project site and the site •is does not fall into any other category that qualifies it as being located within a Coastal Commission appeals area. 17 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 18 of the Coastal Act in that the property is not located adjacent to the shoreline, the beach, or coastal recreational opportunities and will therefore not preclude access to any of them. 20 3. The project is consistent with the provisions of the Coastal Resource Protection Overlay 21 Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard 22 Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil erosion. No steep slopes or native vegetation is located on the subject property and the 24 site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. 25 4. The Planning Commission has reviewed each of the exactions imposed on the Developer 26 contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 28 PCRESONO. 6558 -2- Conditions; 2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a 3 grading permit. 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 implemented and maintained according to their terms, the City shall have the right to 6 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 7 issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer 9 or a successor in interest by the City's approval of this Coastal Development Permit. 10 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 necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 13 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 14 regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment 15 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 17 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 19 Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 20 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly „_ or indirectly, from (a) City's approval and issuance of this Coastal Development Permit, (b) City's approval or issuance of any permit or action, whether discretionary or 23 nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 24 including without limitation, any and all 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 concluded and continues even if the City's approval is not validated. 27 6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of the Site Plan reflecting the conditions approved by the final decision-making body. 28 PC RESO NO, 6558 -3- 1 2 7. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format. 3 8. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its 5 obligation to provide school facilities. 6 9. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 22 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 10. Building permits will not be issued for this project unless the local agency providing 9 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 the 10 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. 12 11. This approval is granted subject to the approval of RP 05-11, SDP 05-14, and CDP 09- 04; will become effective as of the effective date of all associated permits; and is 13 subject to all conditions contained in Planning Commission Resolutions No. 6555, 6556, and 6559 for those other approvals incorporated herein by reference. 14 12. The applicant shall apply for and be issued building permits for this project within four (4) years of the effective date of approval or this coastal development permit will expire 16 unless extended per Section 21.201.210 of the Zoning Ordinance. 17 13. prior to the issuance of building permits, the applicant shall apply for and obtain a grading permit issued by the City Engineer. lo 19 14. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 20 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable ^ Local Facilities Management Plan fee for Zone 22, pursuant to Chapter 21.90. All such 22 taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 23 15. Developer shall implement, or cause the implementation of, those portions of the Ponto 24 Beachfront Village Vision Plan (EIR 05-05) Mitigation Monitoring and Reporting ~, Program that are deemed applicable by the Planning Director. 26 16. Prior to the issuance of a grading permit, Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to 27 be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a(n) Coastal Development Permit by Resolution(s) No. 6558 on the property. Said Notice of Restriction shall note the property description, location of the PCRESONO. 6558 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 17. Prior to the issuance of a grading permit, developer shall pay the applicable agricultural conversion mitigation fee, which has been established by the City Council as $10,000.00 per acre of conversion, in compliance with Section 30171.5 of the Coastal Act for the conversion of Assessor's Parcel Number 214-590-04 to an urban use. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PC RESO NO. 6558 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on May 6, 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Commissioners Baker, Boddy, Cardosa, Dominguez, Douglas, Whitton, and Chairperson Montgomery MA CARLSBAD PLANNINGCOMMI ATTEST: DON NEU Planning Director PC RESO NO. 6558 -6- 1 PLANNING COMMISSION RESOLUTION NO. 6559 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF REDEVELOPMENT COASTAL 4 DEVELOPMENT PERMIT CDP 09-04 TO ALLOW FOR THE DEMOLITION OF EXISTING STRUCTURES AND TO DEVELOP A 215 ROOM, THREE-STORY HOTEL WITH 10,385 SQUARE FEET OF CONFERENCE SPACE, A 5,100 SQUARE FOOT DAY SPA, A 5,100 SQUARE FOOT RESTAURANT, A TWO-STORY PARKING STRUCTURE, A BASEMENT GARAGE, AND AN OUTDOOR SWIMMING POOL ON 8.01 ACRES OF LAND GENERALLY LOCATED 9 SOUTH OF PONTO DRIVE AND EAST OF CARLSBAD BOULEVARD IN LOCAL FACILITIES MANAGEMENT ZONE 10 22. CASE NAME: HILTON CARLSBAD BEACH RESORT 11 CASE NO.: CDP 09-04 12 WHEREAS, Wave Crest Resorts II LLC, "Developer/Owner," has filed a 13 verified application with the City of Carlsbad and Carlsbad Redevelopment Agency (RDA) 14 regarding property described as 16 All that portion of the south 2/3rds of Lot 4 (southeast quarter of the southeast quarter) of Section 29, Township 12 South, 17 Range 4 West, San Bernardino Meridian in the County of San Diego, State of California according to official plat thereof and ° excluding the parcel described as Assessor's Parcel Number 19 214-590-04-00 20 ("the Property"); and 21 WHEREAS, said verified application constitutes a request for a South Carlsbad 22 Coastal Redevelopment Area Coastal Development Permit as shown on Exhibits "A" - "ZZ" 23 dated May 6, 2009, on file in the Planning Department, HILTON CARLSBAD BEACH 24 RESORT - CDP 09-04 as provided by Chapter 21.80.40 of the Carlsbad Municipal Code; and £ J 26 WHEREAS, the Planning Commission did, on May 6, 2009 , hold a duly noticed 27 public hearing as prescribed by law to consider said request; and 28 WHEREAS, at said public hearing, upon hearing and considering all testimony 2 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 3 relating to the Coastal Development Permit.4 5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 6 Commission of the City of Carlsbad as follows: 7 A) That the foregoing recitations are true and correct. o B) That based on the evidence presented at the public hearing, the Planning 9 Commission RECOMMENDS APPROVAL to the Housing and Redevelopment Commission of the HILTON CARLSBAD BEACH RESORT 10 - CDP 09-04 based on the following findings and subject to the following conditions:11 12 Findings; 13 1. That the proposed development is in conformance with the South Carlsbad Coastal Redevelopment Area Plan, the Ponto Beachfront Village Vision Plan, and the Mello 14 H Segment Land Use Plan for the City of Carlsbad's Local Coastal Program and all applicable policies in that the development will not obstruct views of the coastline as seen from public land or the public Carlsbad Boulevard right-of-way or otherwise jg damage the visual beauty of the coastal zone, and no agricultural activities, sensitive resources, or geological instability exist on the site. There are no wetlands located 17 within 100 feet of the project site and the site does not fall into any other category that qualifies it as being located within a Coastal Commission appeals area. 18 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the development will not alter physical or visual access to 20 the shore. 21 3. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that no steep slopes exist 22 within the proposed construction area, all future grading will conform to the City's erosion control standards, and the site is not prone to landslides or susceptible to accelerated erosion, floods, or liquefaction. 24 Conditions: 25 Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a 26 grading permit. 27 1. If any of the following conditions fail to occur; or if they are, by their terms, to be 2g 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 PC RESO NO. 6559 -2- right to revoke or modify all approvals herein granted; deny or further condition issuance 2 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 3 litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's/Agency's approval of this Coastal Development Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 6 and modifications to the Coastal Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. 7 3. The Developer shall submit to the Housing & Redevelopment and Planning Department a reproducible 24" x 36", mylar copy of the Coastal Development Permit 9 reflecting the conditions approved by the final decision making body. 10 4. This approval is granted subject to the approval of RP 05-11, SDP 05-14 and CDP 05- 43; will become effective as of the effective date of all associated permits; and is subject to all conditions contained in Planning Commission Resolutions No. 6555, 12 6556, and 6558 for those other approvals and incorporated by reference herein. 13 5. Prior to the issuance of building permits for individual developments in the future, the applicant shall apply for and obtain a grading permit issued by the City Engineer. 14 .,. 6. The applicant shall apply for and be issued building permits for this project within four (4) years of the effective date of approval or this coastal development permit will expire 16 unless extended per Section 21.201.210 of the Zoning Ordinance. 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6559 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on May 6, 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Commissioners Baker, Boddy, Cardosa, Dominguez, Douglas, Whitton, and Chairperson Montgomery MARTELL B. MONTGOMERY, UMperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6559 -4- The City of Carlsbad Planning Department EXHIBIT 4 A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: May 6, 2009 Application complete date: 09/12/08 Project Planner: Christer Westman Project Engineer: Frank Jimeno SUBJECT: RP 05-117 SDP 05-14/CDP 05-43/CDP 09-04 - HILTON CARLSBAD BEACH RESORT - Request for a determination that the project is within the scope of the previously certified Ponto Beachfront Village Vision Plan Program Environmental Impact Report EIR 05-05 and that the Program EIR adequately describes the activities for the purposes of CEQA and a recommendation for approval of a Redevelopment Permit and Redevelopment Coastal Development Permit and approval of a Site Development Plan and Coastal Development Permit to allow for the demolition of 10 existing structures and the development of a 215 room, three-story hotel, with 10,385 sq.ft. of conference space, a 5,100 sq.ft. day spa, a 5,100 square foot restaurant, a two-story parking structure, a basement garage, and an outdoor swimming pool on 8.01 acres of land located south of Ponto Drive and east of Carlsbad Boulevard in the South Carlsbad Coastal Redevelopment Area, the Mello II Segment of the Carlsbad Local Coastal Program, and Local Facilities Management Zone 22. I. RECOMMENDATION That the Planning Commission determine that the project is within the scope of the previously certified Ponto Beachfront Village Vision Plan Program Environmental Impact Report EIR OS- OS and ADOPT Planning Commission Resolutions No. 6555 and 6559 RECOMMENDING APPROVAL of Redevelopment Permit RP 05-11 and Redevelopment Coastal Development Permit CDP 09-04 and ADOPT Planning Commission Resolutions No. 6556 and 6558 APPROVING Site Development Plan SDP 05-14 and Coastal Development Permit CDP 05-43 based on the findings and subject to the conditions contained therein. II.INTRODUCTION The applicant, Wave Crest Resorts II LLC., is requesting the approval of a Redevelopment Permit, Site Development Plan, Coastal Development Permit, and Redevelopment Coastal Development Permit to allow for the demolition of 10 existing structures and the development of a 215 room, three-story hotel, with 10,385 sq.ft. of conference space, a 5,100 sq.ft. day spa, a 5,100 square foot restaurant, a two-story parking structure, a basement garage, and an outdoor swimming pool on 8.01 acres of land located south of Ponto Drive and east of Carlsbad Boulevard in the South Carlsbad Coastal Redevelopment Area, the Mello II Segment of the Carlsbad Local Coastal Program, and Local Facilities Management Zone 22. The 8.01 acre project site is located both inside and outside of the South Carlsbad Coastal Redevelopment Area. The northern most 1.25 acre parcel is not in the redevelopment area. Therefore, the role of the Planning Commission is to take action separately on two sets of C DRP 05-11/SDP 05-14/CDP 05-43/CDP 09-04 - HILTON CARLSBAD BEACH RESORT May 6, 2009 Page 2 resolutions that have been prepared for the property within the redevelopment area and the area outside of the redevelopment area. The entire project site is within the Ponto Beachfront Village Vision Plan that was adopted by the City Council in December 2007. The Vision Plan will not be valid until the Coastal Commission takes action to approve the associated Local Coastal Program Amendment (LCPA). It is anticipated that the Coastal Commission will take action on that LCPA before August of 2009. However, since this project is consistent with the existing Local Coastal Program as well as the Ponto Beachfront Village Vision Plan, the Hilton Carlsbad Beach Resort can be approved prior to the Coastal Commission review or action on the Ponto Beachfront Village Vision Plan LCPA. The proposed hotel and spa is an allowed use per the existing General Plan, Zoning Ordinance, Poinsettia Properties Specific Plan (SP 210), and Mello II Segment of the Local Coastal Program. Although it is not yet in effect, the proposed project has been reviewed against the Ponto Beachfront Village Vision Plan and it complies with the applicable requirements of that plan. The hotel and spa is a subsequent project of the Ponto Beachfront Village Vision Plan and it is within the scope of the Environmental Impact Report (EIR 05-05) that was prepared for the Vision Plan. The project complies with all applicable development standards of the Zoning Ordinance and Poinsettia Properties Specific Plan. Staff is recommending approval. The project site includes parcels that are inside and outside of the South Carlsbad Coastal Redevelopment Area, and at the same time includes parcels with varying zoning designations. Resolutions numbers 6555 (for RP 05-11), 6559 (for CDP 09-04) apply to the properties within the redevelopment area and are recommendations to the Housing and Redevelopment Commission. Consistent with the South Carlsbad Coastal Redevelopment Area Redevelopment Plan, all projects within the Redevelopment Area must be reviewed by the Housing and Redevelopment Commission. Resolution number 6556 (for SDP 05-14) applies to the entire site because the single northernmost parcel is within the Poinsettia Properties Specific Plan which requires the approval of a Site Development Plan and all of the remaining parcels are covered by a Qualified Overlay, which also requires the approval of a Site Development Plan. The action taken on the Site Development Plan is final at the Planning Commission unless appealed to the City Council. Resolution no. 6558 (for CDP 05-43) applies to the single northernmost parcel which is outside of the South Carlsbad Coastal Redevelopment Area and the action taken on the Coastal Development Permit is final at the Planning Commission unless appealed to the City Council. HI. PROJECT DESCRIPTION AND BACKGROUND The project entails the demolition of 10 buildings which house businesses including a dog kennel facility, fire wood storage yard, custom car and motorcycle designer/stylist/fabricator, heating and air conditioning company, asphalt resurfacing/restriping company and the development of a 215 room hotel and spa. The entire project site is 8.01 acres and is comprised of nine separate lots. Four acres are undeveloped and the remaining 4.01 acres contain the businesses that will be removed. A parcel map (MS 05-23) has been processed to consolidate the nine lots into two lots. The undeveloped parcels which are located on the northern half of the project site, have been previously graded, and do not contain any significant or sensitive vegetation. RP 05-11/SDP 05-14/CDP 05^/CDP 09-04 - HILTON CARLSBADl?EACH RESORT May 6, 2009 Page 3 The project site is surrounded by the Hannover Beach Colony residential development to the north, commercial and residential uses to the south, the North County Transit District Railroad Right-of-Way (ROW) and Lakeshore Gardens Mobile Home Park to the east, and Carlsbad Boulevard and the Carlsbad State Beach Campground and beach to the west. The combination district General Plan Land Use designation for the 8.01 acre site is Travel/Recreation Commercial (T-R) and Residential Medium High Density (RMH). As such, either travel related commercial uses or residential development are consistent with the General Plan. If developed with residential units the RMH Density allows for a range of 8 to 15 dwelling units per acre. The northernmost 1.25 acre parcel is zoned Tourist Commercial (C-T) and must therefore be developed with a tourist serving commercial use while the remaining 6.76 acres have a combined zoning designation of Tourist Commercial (C-T) and Residential Density- Multiple (RD-M) with a Qualified Overlay (Q) and could be developed as either tourist serving commercial or residential. The proposed hotel includes 215 rooms, 10,385 sq.ft. of conference rooms, a 5,100 sq.ft. day spa, a 5,100 sq.ft. restaurant, and an outdoor swimming pool. The hotel, spa, conference facilities, and restaurant are all within a single building and the architectural style is Craftsman/Cottage. Consistent with the Craftsman style, colors are earth tone and rich in hue. Design elements include a low pitched gable roof porte cochere at the lobby entrance with exposed beams, single story building mass along the northern property edge and at the lobby entrance that is faced with horizontal siding and includes exposed rafter tails. The three story sections of the building that house the hotel rooms are limited to a maximum height of 35 feet and are broken up by different materials including stone at the base, alternating use of horizontal siding and shingles, color matched stucco, contrasting color door and window surrounds and low pitched gable roof elements with exposed rafter tails. The project site design locates the conference facilities at the northern edge of the property closest to the Hannover Beach Colony and the driveway entrance and lobby slightly south on Ponto Drive. The lobby area is setback from Ponto Drive approximately 120 feet and is buffered from the street by the use of a seven foot berm with a gentle slope of 3:1 and dense landscape. The three-story portions of the hotel are located south of the conference facilities and lobby and are oriented in a north-south configuration. Rooms predominantly face out toward the west or towards the east. Ten of the 215 rooms face the Hannover Beach Colony; however, they are located approximately 300 feet south of that neighborhood. The hotel recreation area includes a swimming pool and deck area that is surrounded on three sides by the three-story hotel building. The recreation area is open to the west in order to provide views toward the ocean. Also facing west is the hotel restaurant which is intended to create an upscale ocean-view ambiance. Parking for the various uses is provided in surface parking lots near the front entrance of the hotel and at the south end of the hotel (46 spaces), in a parking structure (268 spaces), and in a basement garage (81 spaces). The surface parking lots are screened from Ponto Drive through the use of berming, vertical shrubs, and trees. The parking structure, located east of Ponto Drive and south of the Hannover Beach Colony RV storage facility, incorporates some of the same design elements as the hotel structure on two towers that accent the north and south elevations. Significant landscape is also provided adjacent to the parking structure. Along the project's Carlsbad Boulevard frontage is a 60-foot wide right-of-way that will be improved with ground cover, shrubs, and tree landscaping as well as a 16 foot wide Netlawn path RP 05-11/SDP 05-14/CDP 05^4*3/CDP 09-04 - HILTON CARLSBAD MACH RESORT May 6, 2009 Page 4 that serves as an emergency access path for the Fire Department and an adjoining 8-foot wide concrete pedestrian paseo. The paseo is a continuation of the pedestrian path system already established to the north adjacent to the Hannover Beach Colony. Ponto Village street furniture is provided along this neighborhood pedestrian connection. IV. ANALYSIS The proposed project is subject to the following plans, ordinances, standards, and policies: A. General Plan: Travel/Recreation Commercial (T-R), Residential Medium High Density (RMH), and Ponto Beachfront Village Vision Plan; B. South Carlsbad Coastal Redevelopment Area Plan; C. Zoning: Tourist Commercial (C-T) (C.M.C. Chapter 21.29); Residential Density- Multiple (RD-M) (C.M.C. Chapter 21.24); Qualified Development Overlay Zone (Q) (C.M.C. Chapter 21.06); Poinsettia Properties Specific Plan (SP 210); D. Parking Ordinance (C.M.C. Chapter 21.44); E. Local Coastal Program (Mello II Segment); and F. Local Facilities Management Plan: Zone 22. The recommendation for approval of this project was developed by analyzing the project's consistency with the applicable policies and regulations listed above. The following analysis section discusses compliance with each of these regulations/policies utilizing both text and tables A. General Plan The project site is a General Plan Combination District that includes the Land Uses of Travel/Recreation Commercial (T-R) and Residential Medium High Density (RMH). Combination Districts are suitable for more than one Land Use classification. Because of the Combination District and because the project site is less than 25 acres in size, additional comprehensive planning necessitates the approval of a Site Development Plan. The T-R land use designates areas for visitor attractions and commercial uses that serve the travel and recreational needs of tourists, residents, as well as employees of business and industrial centers. The Residential Medium-High Density land use designation is intended to be developed with two- family and multiple-family dwellings at a density between 8 and 15 dwelling units per acre. However, this project is not implementing the RMH density land use. The result of not implementing the residential land use with this project will be a contribution of 46 dwelling units to the excess dwelling unit bank. The project is consistent with the applicable policies and programs of the General Plan. Table-A below indicates how the project complies with elements of the General Plan. x— .^S RP 05-11/SDP 05-14/CDP 05^3/CDP 09-04 - HILTON CARLSBAD^EACH RESORT May 6, 2009 PageS TABLE-A: GENERAL PLAN COMPLIANCE ELEMENT USE CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY Land Use Encourage commercial recreation or tourist destination facilities, as long as they protect the residential character of the community and the opportunity of local residents to enjoy the continued use of the beach, local transportation, and parking facilities. The proposed hotel and spa is designed in a Craftsman/Cottage architectural style that is compatible with the Hannover Beach Colony to the north. Because of its location, the project does not have direct access to the beach, but development of the site with a tourist serving use and public improvements to the vehicular and pedestrian circulation system will enhance beach access and the efficiency of public transportation. Yes Housing N/A N/A N/A Circulation Minimize the number of access points to major and prime arterials to enhance the functioning of these streets as through-ways. Project access is limited to Ponto Drive which is a local street. No vehicular access is provided on Carlsbad Boulevard. Yes Provide safe, adequate and attractively landscaped parking facilities. The project has a limited number (46) of at grade parking spaces. These parking areas are proposed to be screened from public view through the use of various landscape materials and berms. The landscape palette also includes trees and vertical shrubs that will visually screen the proposed parking structure. Yes Encourage the construction of sidewalks along public roadways with special emphasis given to collectors, arterials, and areas with high pedestrian traffic generators such as schools, commercial centers, transportation facilities, public buildings, beaches and parks. The project provides sidewalks on Ponto Drive as well as a section of an enhanced pedestrian paseo parallel to Carlsbad Boulevard. Both pedestrian facilities will be expanded with future development to create a comprehensive pedestrian circulation system throughout the Ponto Beachfront Village area. Yes S\ RP 05-11/SDP 05-14/CDP 05^3/CDP 09-04 - HILTON CARLSBAD^B*EACH RESORT May 6, 2009 PaRe6 TABLE-A: GENERAL PLAN COMPLIANCE CONTINUED ELEMENT Circulation continued Noise Open Space & Conservation USE CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM Implement the policies, standards and guidelines contained within the Carlsbad Scenic Corridor Guidelines. Require the use of project design techniques, such as, increasing the distance between the noise source and the receiver, placing non- noise sensitive uses such as parking areas, maintenance facilities, and utility areas between the source and the receiver, using non-sensitive structures, such as a garage, to shield noise sensitive areas; and, orienting buildings to shield outdoor spaces from a noise source to minimize noise impacts. Utilize Best Management Practices for control of storm water and to protect water quality PROPOSED USES & IMPROVEMENTS The project frontage improvements along Carlsbad Boulevard include enhanced landscape and hardscape consistent with the Scenic Corridor Guidelines and Ponto Beachfront Village Vision Plan. The project was designed to reduce the potential operational noise and service impacts to the adjacent Hannover Beach Colony residential neighborhood by locating the hotel service area southerly on Ponto Drive, incorporating the outdoor recreation courtyard on the west side of the site along Carlsbad Boulevard, and shielding the hotel lobby entrance through the use of noise attenuating berming and retaining walls. The project will conform to all NPDES requirements. COMPLY Yes Yes Yes Ponto Beachfront Village Vision Plan The Ponto Beachfront Village Vision Plan is intended to provide guidance for the development of the Ponto Area. The plan establishes a vision of what Ponto could be; presents goals and objectives that support the vision; and provides an implementation strategy and design guidelines for the projects that will implement the vision. The conceptual site plans in the Vision Plan contain a level of detail necessary to visually depict the desired land uses, circulation, and major design components; however, it is recognized that actual development site plans will change, which is acceptable if the overall vision is still achieved. The Ponto Beachfront Village Vision Plan was approved by the City Council on December 4, 2007. The plan does not become effective until its incorporation into the Mello II Segment of the Local Coastal Program has been approved by the California Coastal Commission (CCC). Approval of the Ponto Beachfront Village Vision Plan by the CCC is anticipated to occur before QRP 05-11/SDP 05-14/CDP 05^5/CDP 09-04 - HILTON CARLSBAD BEACH RESORT May 6, 2009 Page? August of 2009. Nevertheless, the project complies with the guidelines of the Vision Plan as demonstrated in Table B below. TABLE-B: PONTO BEACHFRONT VILLAGE VISION PLAN COMPLIANCE ELEMENT USE CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY Intent The Garden Hotel, located at the corner of Ponto Drive and Carlsbad Boulevard, is intended to be a moderate- priced, full service visitor hotel with a conference center, meeting facilities, and a restaurant. The hotel is full service in that it includes 10,385 sq.ft. of conference space, a 5,100 sq.ft. day spa, and a 5,100 square foot restaurant. Yes Envisioned Uses in the Garden Hotel and Live-Work Neighborhood Character Areas Hotel Meeting Facilities Restaurant Private Recreation Swimming Pool Health Club Tennis Courts Meeting Rooms Live-Work Units The hotel is located entirely within the Garden Hotel Character Area and partially within the Live-Work Neighborhood Character Area and includes a hotel, meeting facilities, restaurant, swimming pool, and spa. Yes Vehicular/Pedestrian and Bike Circulation System All roads will be designed as livable streets with traffic calming devices. Bicycle parking should be provided in commercial area parking lots and adjacent to pedestrian paths. Ponto Drive will be improved along the northern and eastern project frontages with a landscaped median which qualifies as a traffic calming device. Carlsbad Boulevard frontage improvements include a 60 foot wide landscaped parkway and a 10 foot wide pedestrian/bike path. Bicycle parking is provided adjacent to the parking structure and at the public access sidewalk to the beach grill. Yes 53 RP 05-11/SDP 05-14/CDP 05-43/CDP 09-04 - HILTON CARLSBAD BEACH RESORT May 6, 2009 PageS TABLE-B: PONTO BEACHFRONT VILLAGE VISION PLAN COMPLIANCE CONTINUED ELEMENT USE CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY Parking Parking design should include direct links to sidewalks, attractive landscaping, adequate screening, and a focus on streetscape. The majority of the required parking for the project is provided within the parking structure which is directly linked to the sidewalks on Ponto Drive. The parking structure and the two surface lots are adequately screened from Ponto Drive with a combination of berms, vertical shrubs, and decorative trees. Yes Ponto Beachfront Village Gateway The corner of Ponto Drive and Carlsbad Boulevard is designated as a Village Gateway. Conceptual gateway signage and landscape is proposed at the intersection of Ponto Drive and Carlsbad Boulevard to identify it as an entrance to the Ponto Village. Yes Street Furniture The street furniture envisioned for the Ponto Beachfront Village will be consistent with the desired eclectic, California coastal character, while also providing opportunities to incorporate public art. Street furniture composed of various wood, metal and concrete pieces, for the pedestrian Paseo have been proposed consistent with the examples provided in the Ponto beachfront Village Vision Plan. The improved landscape right- of-way of Carlsbad Boulevard offers the opportunity for the incorporation of public art at a later date. The installation of public art is not a responsibility of private development. Yes RP 05-11/SDP 05-14/CDP 05^3/CDP 09-04 - HILTON CARLSBADMACH RESORT May 6, 2009 Page 9 TABLE-B: PONTO BEACHFRONT VILLAGE VISION PLAN COMPLIANCE CONTINUED ELEMENT USE CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY Architecture Eclectic Cottage Styles Detail on all sides Scale relation Rooms accessed from interior Porte-cochere The project is designed with Craftsman details including shingles, siding, contrasting color window and door frames, exposed rafter tails, composite shingle roof tiles, and exposed wood timbers. The hotel massing is single story near Hannover Beach Colony. Rooms are accessed from interior corridors and the hotel lobby features a porte-cochere. Yes Building Orientation Building should be primary visual focus Recreation areas should not be exposed to adjacent uses Provide publicly accessible amenities Preserve ocean views Minimize impacts of service areas The project focus is the building. The pool/recreation area is located within an open courtyard and shielded from surrounding uses. A restaurant and spa are open to the public. Ocean views are preserved for approximately one third of the Hannover Beach Colony homes that are located along Ponto Drive. Within the project, ocean views are provided from public spaces including the restaurant and conference facilities as well as hotel rooms. The service area is located in the underground garage and is accessed from Ponto Drive across from the proposed parking garage. Yes 55 V'5-43/RP 05-11/SDP 05-14/CDP 05-4~3/CDP 09-04 - HILTON CARLSBADl$EACH RESORT May 6, 2009 Page 10 TABLE-B: PONTO BEACHFRONT VILLAGE VISION PLAN COMPLIANCE CONTINUED ELEMENT USE CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY Parking Structure Design Incorporate commercial where appropriate Include primary building design components Minimize untreated facades Screen upper floor parking area The location of the parking structure is isolated from other commercial areas and therefore does not incorporate retail. Craftsman design elements including contrasting color window and door frames, exposed rafter tails, shingle roof tiles, stone, and exposed wood timbers are included in the parking structure tower features. There are no untreated facades. The upper floor of parking is screened by a parapet and landscaping after maturity. Yes B. South Carlsbad Coastal Redevelopment Area On July 18, 2000, the Housing and Redevelopment Commission of the City of Carlsbad adopted the South Carlsbad Coastal Redevelopment Area (SCCRA) to address blighting conditions in the area which includes deteriorating and dilapidated buildings, health and safety hazards, inadequate utilities and infrastructure, incompatible land uses, and irregular lots under mixed ownership. In addition, the five year (2005-2010) Implementation Plan for the SCCRA sets forth more specific goals for the area along with individual projects that would assist in achieving those goals. A "garden hotel" in the SCCRA was identified as a project that would create new beach and coastal recreational opportunities. The proposed Hilton Carlsbad Beach Resort and Spa is consistent with the "garden hotel" project that was identified in the approved SCCRA Implementation Plan and also achieves several of the redevelopment plan's goals as noted below. • Clean - Eliminate blight and environmental deficiencies in the Project Area. • Reuse - Assembling of land into parcels for modern, integrated development with improved pedestrian and vehicular circulation in the Project Area. Rezoning, redesigning and developing properties which are stagnant or improperly utilized. • Play - Develop new beach and coastal recreational opportunities. • Shop - Enhance commercial and recreational functions in the Project Area. Increase parking and open space amenities. • Help - Strengthen the economic base of the Project Area and the City by installation of needed on and off-site improvements to stimulate new commercial/residential expansion, employment and economic growth. RP 05-11/SDP 05-14/CDP 05-T3/CDP 09-04 - HILTON CARLSBAD PLEACH RESORT May 6, 2009 Page 11 • Preserve - Implement performance criteria to assure quality site design and environmental standards to provide unity and integrity to the entire Project Area development. C. Zoning Excluding the northern 1.25 acre parcel (APN 214-590-04), the entire site is located within the South Carlsbad Coastal Redevelopment Area and has a combination Zoning designation of Tourist Commercial (C-T) (C.M.C. Chapter 21.29) and Residential Density-Multiple (RD-M) (C.M.C. Chapter 21.24) with a Qualified Development Overlay (Q) (C.M.C. Chapter 21.06). Assessor's parcel number 214-590-04 is zoned C-T and is within the Poinsettia Properties Specific Plan (SP 210 - Area 1). The intent of the of the Tourist Commercial Zone is to provide for the development of tourist- oriented attractions and commercial uses that serve the travel and recreational needs of tourists, residents, as well as employees of business and industrial centers. The intent within Area 1 of the Poinsettia Properties Specific Plan is to develop with uses allowed in the Tourist Commercial zone which serve the travelling public and beach visitors. The project is consistent with the intent of the zone and the Specific Plan in that it provides a tourist serving facility (hotel) that includes commercial facilities (restaurant and day spa) that can benefit the local community. The project complies with the development standards established for the Tourist Commercial Zone and Poinsettia Properties Specific Plan and that compliance is demonstrated in Table C below. TABLE - C: TOURIST COMMERCIAL ZONE DEVELOPMENT STANDARDS Building Height Maximum Additional Yards Streets Interior Standard Compliance 35 feet and three levels 45 feet with appropriate findings 35 feet and three levels No additional height is requested. No setback required No setback required 34 feet from Ponto Drive 18 feet from Carlsbad Blvd. ROW 80 feet from Carlsbad Blvd. curb 60 feet from south property line Poinsettia Properties Specific Plan Setbacks Ponto Drive Carlsbad Blvd. Building Height Maximum Lot Coverage Maximum 10 feet 40 feet 34 feet from Ponto Drive 40 feet from Carlsbad Blvd. 35 feet and two stories 21, 780 sq.ft. 25 feet 17,550 sq.ft. RP 05-11/SDP 05-14/CDP 05 May 6, 2009 Page 12 V5-43,3/CDP 09-04 - HILTON CARLSBAD BEACH RESORT D. Parking Ordinance The applicant is requesting that the Planning Commission approve the provision of common parking facilities in lieu of individual use parking requirements and approve a 15% parking reduction within the Hilton Carlsbad Beach Resort. Allowing for the provision of common parking facilities [Section 21.44.050(a)(5)] is based upon the findings that there are multiple uses within the scope of the hotel project that will have common customers and that common parking facilities in lieu of individual parking requirements are adequate to meet the parking demand. Common parking facilities may be provided in lieu of the individual requirements pursuant to Section 21.44.050(a)(5) of the Carlsbad Municipal Code (Parking Ordinance), but such facilities shall be approved by the Planning Commission as to size, shape and relationship to business sites to be served, provided the total of such off-street parking spaces, when used together, shall not be less than the sum of the various uses computed separately. When the common parking facility occupies a site that is greater than five thousand square feet, then the parking requirements as specified in the Parking Ordinance for each of two or more participating uses may be reduced not more than fifteen percent upon approval of development plans by the Planning Commission. The request to allow for the provision of common parking facilities is supported in that the Hilton Carlsbad Beach Resort and Spa is the first development project to implement the Ponto Beachfront Village Vision Plan which includes a mix of uses to encourage future local residents and businesses to use the commercial facilities established within the Ponto Beachfront Village. The mix of onsite uses will also be used by guests of the hotel and those using the conference facility. Furthermore, the Hilton Carlsbad Beach Resort and Spa has been designed with strong pedestrian connections to encourage pedestrian interaction between the mix of uses within Ponto Village. Approval of the parking reduction will allow for the provision of the restaurant, associated outdoor dining area, day spa, beach grill and meeting facilities to be located onsite. The application of the common parking facilities provision of the Parking Ordinance and allowing a 15% parking reduction in required parking on the site will not increase traffic generation since the restaurant, outdoor dining area, day spa, beach grill and meeting facilities will be predominantly used by existing onsite guests and conference attendees as well as Ponto Village residents and visitors who will access the mix of uses via pedestrian walkways. TABLE D - PARKING ORDINANCE Facility 21 5 Hotel Rooms Meeting Rooms Restaurant Outdoor Dining Coast Grill Day Spa Total Required Parking spaces for Common Facilities Adjusted Total Sq.Ft. 10,385 5,109 1,550 949 5,100 Standard 1 .2 spaces per room 1 space per 100 Sq.Ft. 40 for 4,000 sq.ft. 1 per 50 sq.ft. over 4,000 1 per 50 sq.ft. over 4,000 1 per 100 sq.ft. None Required 15% of total required may be shared for common facilities Required 258 103.85 40 22.18 31 9.49 465 -70 395 Provided 258 33 40 23 31 10 395 c oRP 05-11/SDP 05-14/CDP 05-43/CDP 09-04 - HILTON CARLSBAD BEACH RESORT May 6, 2009 Page 13 E. Carlsbad Local Coastal Program: Mello II Segment and Coastal Resource Protection Overlay Zone (C.M.C. Chapter 21.203) The project site is located in the Mello II Segment of the Local Coastal Program (LCP). The LCP Land Use and Zoning designations for the site are Travel/Recreation Commercial (TR)/Residential Medium High (RMH) and Tourist Commercial (C-T)/Residential Density- Multiple (RDM) respectively. The hotel and spa proposal is an allowed use within the TR Land Use and C-T Zoning designations with the approval of a Coastal Development Permit. The three-story hotel and spa will not obstruct views of the coastline as seen from public land or the public Carlsbad Boulevard right-of-way, nor otherwise damage the visual beauty of the coastal zone. Consistent with the mitigation criteria established for the approval of the Poinsettia Properties Specific Plan, the project is subject to the payment of an Agricultural Conversion Mitigation fee. The proposed hotel and spa is not located in any known areas of geologic instability or flood hazard. There are no wetlands located within 100 feet of the project site and the site does not fall into any other category that qualifies it as being located within a Coastal Commission appeals area. The project is in conformance with the public access and recreation policies of Chapter 3 of the Coastal Act in that the property is not located adjacent to the shoreline, the beach, or coastal recreational opportunities and will therefore not preclude access to any of them. The subject site is located in the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Carlsbad Municipal Code). However, no steep slopes or native vegetation are located on the subject property. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone in that the project will adhere to the City's Master Drainage Plan, Grading Ordinance, Stormwater Ordinance, Standard Urban Stormwater Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management Plan (JURMP) to avoid increased urban runoff, pollutants, and soil erosion. The site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. F. Carlsbad Growth Management Program The project is located within Local Facilities Management Zone 22. The impacts on public facilities created by the project, and its compliance with the adopted performance standards, are summarized in the following Table E: /•""Vw *~\ RP 05-11/SDP 05-14/CDP 05-43/CDP 09-04 - HILTON CARLSBAD BEACH RESORT May 6, 2009 Page 14 TABLE - E: LOCAL FACILITIES IMPACTS ANALYSIS Standard City Administration Library Waste Water Treatment Parks Drainage Circulation Fire Open Space Schools Sewer Collection System Water Impacts N/A N/A 161 EDU N/A 33 cfs / Basin D 2,150ADT Station No. 4 1 .2 acres N/A 161 EDU /Sub Basin 22B 41.500GPD Compliance Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes The project site is a General Plan Combination District that includes the TR and RMH Land use designations upon which buildout assumptions have been made for the Zone 22 Local Facilities Plan. The project includes the development of the site with Travel/Recreation Commercial uses and the Residential Medium High use is not being implemented. As such, the unused 46 residential units for the property are excess and will be contributed to the City's Excess Dwelling Unit Bank. V.ENVIRONMENTAL REVIEW The proposed project has been reviewed pursuant to the California Environmental Quality Act (CEQA). Staff has analyzed the project and has concluded that no potentially significant impacts would result with the implementation of the project that were not previously examined and evaluated in the Final Program Environmental Impact Report for the Ponto Beachfront Village Vision Plan (EIR 05-05), dated August 2007. EIR 05-05 evaluates the potential environmental effects of development within the plan area including analysis of traffic circulation, water quality and compliance with SB 221 and SB 610 regarding water availability, noise, cultural resources, biological resources, land use, and associated actions inclusive of the proposed project reviewed here. The City Council certified EIR 05-05 on December 4, 2007. At that time CEQA Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program were approved. The mitigation program certified by the City Council was challenged and a modification to the mitigation program was reached through a settlement agreement. All mitigation measures contained in the adopted Mitigation Monitoring and Reporting Program as revised from EIR 05-05 are applicable to projects within the plan area. Applicable mitigation measures have been incorporated into the project design or are required as conditions of approval for the project. The EIR 05-05 "Findings of Fact and Statement of Overriding Considerations" applies to all subsequent projects covered by the Ponto Beachfront Village Vision Plan Final Program EIR. The proposed activities would have no effects beyond those analyzed in the program EIR, as they are a part of the program analyzed earlier. This project is within the scope of Final Program /***> '"'""t RP 05-11/SDP 05-14/CDP OS^S/CDP 09-04 - HILTON CARLSBADF3EACH RESORT May 6, 2009 Page 15 EIR 05-05 and no further CEQA compliance is required. EIR 05-05 is available at the Planning Department. ATTACHMENTS; 1. Planning Commission Resolution No. 6555 (RP 05-11) 2. Planning Commission Resolution No. 6556 (SDP 05-14) 3. Planning Commission Resolution No. 6558 (CDP 05-43) 4. Planning Commission Resolution No. 6559 (CDP 09-04) 5. Location Map 6. Background Data Sheet 7. Local Facilities Impact Assessment 8. Disclosure Statement 9. Reduced Exhibits 10. Full Size Exhibits "A"-"ZZ" dated May 6, 2009 ACKGROUND DATA SHEET CASE NO: RP 05-11/SDP 05-14/CDP 05-43/CDP 09-04 CASE NAME: HILTON CARLSBAD BEACH RESORT APPLICANT: Wave Crest Resorts II REQUEST AND LOCATION: Request for a determination that the project is within the scope of the previously certified Ponto Beachfront Village Vision Plan Program Environmental Impact Report EIR 05-05 and that the Program EIR adequately describes the activities for the purposes of CEQA and a recommendation for approval of a Redevelopment Permit and Redevelopment Coastal Development Permit and approval of a Site Development Plan and Coastal Development Permit to allow for the demolition of 10 existing structures and the development of a 215 room, three-story hotel, with 10,385 sq.ft. of conference space, a 5.100 sq.ft. day spa, a 5,100 square foot restaurant, a two-story parking structure, a basement garage, and an outdoor swimming pool on 8.01 acres of land located south of Ponto Drive and east of Carlsbad Boulevard in the South Carlsbad Coastal Redevelopment Area, the Mello II Segment of the Carlsbad Local Coastal Program, and Local Facilities Management Zone 22. LEGAL DESCRIPTION: All that portion of the south 2/3rds of Lot 4 (southeast quarter of the southeast quarter) of Section 29, Township 12 South, Range 4 West. San Bernardino Meridian in the County of San Diego. State of California according to official plat thereof APN: 214-160-10.11.13.19. 20. 21.24. 29 and 214-590-04 Acres: 8.01 Proposed No. of Lots/Units: Lot Consolidation - two (2) lots GENERAL PLAN AND ZONING Existing Land Use Designation: Travel/Recreation Commercial (T-R)/Residential Medium High (RMH) Proposed Land Use Designation: Not Applicable Density Allowed: Not Applicable Density Proposed: Not Applicable Existing Zone: Tourist Commercial (CD/Residential Density-Multiple (RD-MVOualified Overlay (Q) Proposed Zone: Not Applicable Revised 01/06 Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use Site North South C-T-Q / RD-M-Q RD-M C-T-Q / RD-M-Q T-R/RMH RMH T-R/RMH Vacant / Commercial Single Family Residential Vacant / Commercial / Residential East RMHP West Open Space RM Open Space Railroad / Mobile Home Park Carlsbad Boulevard / Campground LOCAL COASTAL PROGRAM Coastal Zone: IXI Yes I I No Local Coastal Program Segment: Mello II Within Appeal Jurisdiction: I I Yes IXI No Coastal Development Permit: IXI Yes Local Coastal Program Amendment: I I Yes IXI No No Existing LCP Land Use Designation: T-R / RMH Proposed LCP Land Use Designation: N/A Existing LCP Zone: C-T-Q / RD-M-Q Proposed LCP Zone: N/A PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 100 ENVIRONMENTAL IMPACT ASSESSMENT Categorical Exemption, I I Negative Declaration, issued Certified Environmental Impact Report, dated: December 4, 2007 (Ponto Beachfront Village Vision Plan) Other, Revised 01/06 CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: Carlsbad Hilton Beach Resort - RP 05-1 1/SDP 09-04 LOCAL FACILITY MANAGEMENT ZONE: 22 GENERAL PLAN: T ZONING: C-T-0/RD-M-O DEVELOPER'S NAME: Wave Crest Resorts II ADDRESS: 829 Second Street Suite A Encinitas California 92024 PHONE NO.: (760)753-2440 ASSESSOR'S PARCEL NO.: 214-160-10. 11. 13. 19, 20. 21. 24. 29 and QUANTITY OF LAND USE/DEVELOPMENT: 8.01 ac. / 180.687 sq.ft 05-14/CDP 05-43/CDP -R/RMH 214-590-04 A. City Administrative Facilities: B. Library: C. Wastewater Treatment Capacity D. Park: E. Drainage: F. Circulation: G. Fire: H. Open Space: I. Schools: J. Sewer: K. Water: L. Demand in Square Footage = N/A N/A Demand in Square Footage = N/A 161 Demand in Acreage = Demand in CFS = 33 Identify Drainage Basin = Demand in ADT = D 2.150 Served by Fire Station No. = 4 Acreage Provided =1.2ac. N/A Demands in EDU Identify Sub Basin = Demand in GPD = 161 22B 41.500 The project is 46 units below the Growth Management Dwelling unit allowance. CbM City of Carlsbad Planning Department DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. " :. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Corp/Part >|AVECPJST R^QRTS II , IIC Title Title Address Address &2^ Stcc^D sTflg5T} SU/THA 2. OWNER (Not the owner's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Corp/Part WAVepgesr /?E$D£T£ //, LLC Title Title_ Address Address £2.1 £fi:a\ID . CA 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust Title Title Address Address 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? Yes [\ No If yes, please indicate person(s):_ NOTE: Attach additional sheets if necessary. I certify that all tbe/a'BWe^nformation is true and correct to the best of my knowledge. Signature of owner/date / Signature of applicant/date Print or type name of owner Print or type name of applicant Signature of owner/ap$[icant's agent if applicable/date BILL. Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 SDP 05-14/CDP 05-43(RP 05-11/CDP 09-04 HILTON CARLSBAD BEACH RESORT AND SPA CARLSBAD, CALIFORNIA VICINITY MAP CITY OF OCEANSDE \YK jHnsSWl^ j& >* ^I1Y * VISTA PACIFIC \VWX~1 \2~ / ^ XL^ITYOfOCEAN v^L'^L^ \, 9^7H "*"COS crrr or CNCIMTAS * •~f'~- X-T-X NORTH PROJECT SUMMARY A. GENERAL INFORMATION OWNER: WAVE CREST RESORTS II LLC 829 SECOND STREET. SUFTE A ENCINITAS. CA 92024 HOTEL FRANCHISE HILTON HOTELS CORPORATION BEVERLY HILLS. CA 90210 STTE ADDRESS: INTERSECTION OF CARLSBAD BLVD. AND PONTO DRIVECARLSBAD, CA ASSESSORS PARCEL NO.: 214-160-10,11.13.19,20.21,24.29 ft 214-590-04 LEGAL DESCRIPTION: ALL THAT PORTION OF THE SOUTH 2/3RD OF LOT 4 (SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER) OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN IN THE COUNTY OF SAN OCGO, STATE OF CALIFORNIA ACCORDING TO OFFICIAL PLAT THEREOF. EXISTING ZONWC: CT. CT-Q/RD-M-Q PROPOSED ZOMNft a, CT-Q/RD-M-Q EXISTING GENERAL PLAN LAND USE DESIGNATION: T-fl.RMHA-R PROPOSED GENERAL PLAN LAND USE DESIGNATION: T-R.RMHA-R EXISTING LAW USE: VACANT, KENNa. COMMERCIAL PROPOSED LAND USE: RESORT HOTEL LOT CLASSIFICATION: COMMERCIAL/RESORT AVERAGE ONLY TRAFFIC (ACT): 2150 ACT POTABLE WATER DEMAND; 295 GALLONS PER MINUTE SEWER ROW: 160.67 EDI) GRADING QUWTT1ES: CUT 20,709 CYnil 26,466 CYNET IMPORT 7,757 CY SERVICE ACENOES: FIRE PROTECTION: CITY OF CARLSBAD FIRE DEPARTMENT SEWER DISTRICT: CITY OF CARLSBAD SEWER DISTRICT WATER DISTRICT: CARLSBAD MUNICIPAL WATER DISTRICT SCHOOL DISTRICT: CARLSBAD UNIFIED SCHOOL DISTRICT PROJECT DATA: TOTAL UNITS: 215 STTE AREA: u.01 ACRES BUILDING AREA: BASEMENT PARKING: 30,194 SF BASEMENT OCCUPIABLE AREA: 9,725 SF 1ST FLOOR: 75,079 SF 2ND FLOOR: 47.757 SF3RD FLOOR: 47,177 SFPOOL BAR: 949 SF TOTAL: 180,687 SF (OCCUPIABLE) PARKING SUMMARY: PARKING REQUIRED FACILITIES UNIT QUANTITIES PARKING PER UNIT REQUIRED PARKING HOTEL ROOMS 215 UNITS • 1.2 SPACES/UNIT 258.00 SPACES MEETING ROOMS 10,365 SF • 1 SPACE/100 SF 103.85 SPACES RESTAURANT 5.109 SF • 40 +• t SPACE/50 SF 62.18 SPACES OVER 4.000 SF OUTDOOR DINING 1,550 SF 0 1 SPACE/50 SF 31.00 SPACES COAST SIDE GRILL 949 SF • 1 SPACE/100 SF 9.49 SPACES SUB-TOTAL 464.52 SPACES TOTAL PARKING REQUIRED (15* SHARED PARKING) 395.00 SPACES PARKING PROVIDED ON SITE: PARKING AT GRADE 46.00 SPACES PARKING W STRUCTURE 268.00 SPACES PARKING M BASEMENT 81.00 SPACES TOTAL SPACES PROVIDED 395.00 SPACES PERCENTAGE OF PARKING SPACES BY TYPE: STANDARD SPACES 93.40* ACCESSIBLE SPACES 2.30% COMPACT SPACES 4.30X NOTE: 400 SF OF OUTDOOR DINING INCIDENTAL TO HOTEL USE PER C.M.C. PROJECT TEAM DEVELOPER WAVE CHEST RESORTS 1 LLC B29 SECOND STREET, SUITE A ENCWfTAS, CA 92024 TELEPHONE: (760) 753-2440 FAX: (760) 753-2423 CONTACT: BILL CANEPA ARCHITECT: JOSEPH WONG DESIGN ASSOCIATES 2359 FOURTH AVENUE SAN DIEGO. CALIFORNIA 92101-1606 TELEPHONE: (619) 233-6777 FAX: (619) 237-0541 CONTACT: JOSEPH WONG.FAIA jwongVjwdainc.com SURVETOR/CMl ENGMEER: HOFMAN PLANNING « ENGtCERMG 3152 UONSHEAD AVENUE CARLSBAD. CA 92010 TELEPHONE: (760) 692-4100 FAX: (760) 692-4105 CONTACT: BILL HOFMAN bhDfmonOtiofnKinplanning.com LANDSCAPE ARCHITECT: SPURLOCK POWER 2122 HANCOCK STREET SAN DIEGO, CA 921 10 TELEPHONE: (619) 601-0090 FAX: (619) 681-0096 CONTACT; LEIGH KYLERcyte0sp-land.com SHEET INDEX ARCHITECTURAL CS COVER SHEET A-1 SITE PLAN A- BASEMENT FLOOR PLAN A- FIRST FLOOR PLAN A- SECOND FLOOR PLAN A- THIRD FLOOR PLAN A- ROOF PLAN A- ELEVATIONS A- 1 ELEVATIONS SHOWING ENHANCEMENTS A- 2 ELEVATION(BLOW-UP} MAIN ENTRANCE - NORTH A- 3 ELEVATON(BLOW-UP) A- 4 ELEVATION(flLOW-UP) A- 5 ELEVATON(BLOW-UP) A- 6 ELEVATWN{BLOW-UP) A- ELEVATIONS A-fl.1 ELEVATIONS SHOWING ENHANCEMENTS A-B.2 ELEVATION (BLOW-UP) MAIN ENTRANCE - EAST A-8.3 ELEVATION (BLOW-UP) A-B.4 ELEVATION (BLOW-UP) A-8.5 ELEVATION (BLOW-UP) A-8.6 ELEVATION (BLOW-UP) A-8.7 ELEVATION (BLOW-UP) A-9 BUILDING SECTIONS A-10 TYPICAL UNIT PLANS A- 11 PARKING STRUCTURE - LEVEL ONE A- 12 PARKING STRUCTURE - LEVEL TWO A- 13 PARKING STRUCTURE - LEVEL THREE A- 14 PARKING STRUCTURE - ELEVATIONS A- 15 PARKING STRUCTURE - ELEVATIONS A- 15.1 PARKING STRUCTURE - ELEVATION (BLOW-UP) A- 15.2 PARKING STRUCTURE - ELEVATION (BLOW-UP) A-1 6 PARKING STRUCTURE - SECTIONS A- 17 POOL BAR PLAN - ELEVATIONS ft SECTIONS A- 18 REPRESENTATIVE DETAIL CONCEPTS CMC C-1 INDEX MAP AND LEGEND C-2 ROAD SECTIONS AND DETAILS C-3 CONSTRAINTS MAP C-4 DEMOLITION PLAN C-5 PROPOSED GRADING PLAN NORTH C-6 PROPOSED GRADING PLAN SOUTH C-7 INTERSECTION ANALYSIS C-8 FIRE TRUCK TURN MOVEMENT EXHIBIT LANDSCAPE L1-1 HAftDSCAPE PLAN L1-2 PONTO BEACHFRONT VILLAGE STREETSCAPE ELEMENTS CHARACTER L1-3 WATER FEATURE AND ENTRY CHARACTER L2-1 WATER USE PLAN L2-2 WATER CONSERVATION PLAN L3-1 PLANTING PLAN L3-2 PLANTING LEGEND L3-3 PLANTING CHARACTER - TREES L3-4 PLANTING CHARACTER SHRUBS AND PERENNIALS L3-5 PLANTING CHARACTER PONTO BEACHFRONT VILLAGE Kviaom HILTON CARLSBAD BEACHRESORT AND SPA^^\ CARISBAD, CALIFORNIA'"'lU't'iH!11'! Ill P! 1iilliiiHtilhliH * iii!I !N!* i1!!COVER SHEET^'-•'x't%Sa-tXfSWTI 05-OMI9 SCUI: **""' EN IDS HO 2629 laastart cs SDP 05-14/CDP 05-43/RP 05-11/CDP 09-04 NOTE: THE PORTION OF THE HOTEL WITHIN PLANNING AREA 1 OF THE POINSETTIA PROPERTIES SPECIFIC PUN IS BELOW THE MAXIMUM ALLOWED BUILDING COVERAGE. / 7,V COPY H < "fei fliilli! fell Hi? A-l 6s SDP05-WCDP05-43/RPOS-11/CDP 09-04 jr> '•"lU'Mt'fl"'!liilp"& ii I i | i , '- i i1!! 0 A-2 -43 SOP 05-14/CDP 05-0/RP 05-11/CDP 09-04 CARLSBAD BOULEVARD o i1!' o A-3 SDP 05-14/CDP OW3/RP 05-11/CDP 09-04 •Biimimiiiri CARLSBAD BOULEVARD gV I; i Pi! A-4 SDP OS-M/COP OM3/RP 05-11/CDP 09-04 LEGEND: J - "JULIEF BALCONY CARLSBAD BOULEVARD tjji If »i ,* t"*i(|»illilililiHiliilil (J A-5 SDP 05-14/CDP OW3/RP 05-11/CDP 09-04 ALL ROOF MOUNTED MECHANICAL EQUIPMENT WILL COMPLY WTTH THE CITY OF CARLSBAD HEIGHT REQUIREMENTS. :MH i C/»Ri.SS/(D BOULEVARD , u A-6 , WX. IKXJFHEKWT p I.•«!•( ..4..;ki ki Ik i > II •• 111 k I *| Illlllllll Illlllllll D ELEVATION-BIWESTl SOP 05-1WJDP OM3/RP 05-1VCDP 09-04 ELEVATION KEY NOTES m-INTEGRAL COLOR PLASTER | 2 [ — PLASTER TRIM [T| — STONE VENEER [IT] — SHINGLES SIDING |lf| — DECORATIVE ROOF BEAM |~6~| — RAFTER TAIL |~7~| _ LAMINATED SHINGLES ROOFING PS! — METAL GUARDRAIL / RAIL |~9"| — DECORATIVE ROOF BRACKET [To] — PLASTER CORBEL 0 — WOOD TRELLIS 2 — SHIPLAP SIDING ri>*iPi *'il*liliiiiiiillliilii ELEVATION- AI NORTH 1 O IH A-7 MAX Roof ICHHT . ELEVATION-B (WEST 1 SUP 06.14/CDP 05-0/RP 05-11/CDP 09-04 ELEVATION REVISIONS / ENHANCEMENTS KEY NOTES A- A A A A A ENHANCED WALL ADDED BALCONY ENHANCED WINDOW ENHANCED WALL AND ADDED ROOF BRACKET — ENHANCED HIGH WINDOW — ADDED WINDOW ENHANCED WALL AND HIGH WINDOW ADDED ENTRY TRELLIS ADDED METAL GRILLES o ! « i'l ELEVATION - A (NORTH) 2 M' fc on w O ujIIw 3 >4 »ID 1X1 A-7.1 u\ SOP 05-H/CDP 05-43/RP OS-11/CDP 09-04 o is i I'll ELEVATION KEY NOTES |~T| INTEGRAL COLOR PLASTER |T| PLASTER TRIM \T\ STONE VENEER |~4~| SHINGLES SIDING [T] DECORATIVE ROOF BEAM Pel RAFTER TAIL p7~| LAMINATED SHINGLES ROOFING |T] METAL GUARDRAIL/RAIL [T| DECORATIVE ROOF BRACKET [lo] PLASTER CORBEL |TT| WOOD TRELLIS 1171 SHIPLAP SIDING u § A-7.2 SOP05-14/CDP05-43/RP05-11/CDP 09-04 K u O ELEVATION KEY NOTES pT| INTEGRAL COLOR PLASTER |T| PLASTER TRIM [T| STONE VENEER [7] SHINGLES SIDING |~F] DECORATIVE ROOF BEAM Pel RAFTER TAIL [Tj LAMINATED SHINGLES ROOFING |~8~| METAL GUARDRAIL/RAIL FJ] DECORATIVE ROOF BRACKET [lo] PLASTER CORBEL [7T] WOOD TRELLIS RIl SHIPLAP SIDING O o sLU A-7.3 SDP 05-14/CDP 05-43/RP 05-11/CDP 09-04 PSIP!1'jjju lii' 7 oo i i iH S I ELEVATION KEY NOTES |"l"| INTEGRAL COLOR PLASTER |~F] PLASTER TRIM [T| STONE VENEER [T| SHINGLES SIDING |T] DECORATIVE ROOF BEAM |"F| RAFTER TAIL [7] LAMINATED SHINGLES ROOFING |T] METAL GUARDRAIL/RAIL [T| DECORATIVE ROOF BRACKET [jo] PLASTER CORBEL [JT| WOOD TRELLIS RIl SHIPLAP SIDING O e I ^aUJ o A-7.4 SDP 05-14/CDP 05-43/RP 05-11/CDP 09-04 7 uo 'lii'l ;J;Hl M'J1 iliilliiiiJiilii I t i ! i1! ELEVATION KEY NOTES [T] INTEGRAL COLOR PLASTER [T| PLASTER TRIM [T| STONE VENEER [T] SHINGLES SIDING [T] DECORATIVE ROOF BEAM |~JT| RAFTER TAIL [T] LAMINATED SHINGLES ROOFING [T] METAL GUARDRAIL/RAIL |T] DECORATIVE ROOF BRACKET [IQ] PLASTER CORBEL [TT] WOOD TRELLIS [n] SHIPLAP SIDING I § A-7.5 SDP 05-14/COP 05-43/RP 05-11/CDP 09-04 \ in ELEVATION KEY NOTES |~1~| INTEGRAL COLOR PLASTER [T] PLASTER TRIM [T] STONE VENEER pT| SHINGLES SIDING [T| DECORATIVE ROOF BEAM Pel RAFTER TAIL [T] LAMINATED SHINGLES ROOFING [T| METAL GUARDRAIL/RAIL [~T| DECORATIVE ROOF BRACKET Qo] PLASTER CORBEL flT] WOOD TRELLIS fill SHIPLAP SIDING s §v>e § A-7.6 o ELEVATION-DIEASTI SDP 05-U/CDP 05-43JRP 05-11/CDP OM4 ELEVATION KEY NOTES I 1 I — INTEGRAL COLOR PLASTER [T] — PLASTER TRIM [T| — STONE VENEER [T] — SHINGLES SIDING |"JT| — DECORATIVE ROOF BEAM [If] — RAFTER TAIL ry] _ LAMINATED SHINGLES ROOFING f§"| — METAL GUARDRAIL / RAIL DECORATIVE ROOF BRACKET| 9 [TfJ] — PLASTER CORBEL [TT| — WOOD TRELLIS fTJl — SHIPLAP SIDING fo .iiililifltilhliii 1 i ELEVATION- CI SOUTH! u H A-8 ELEVATION- PI EAST I SDP 05-14/CDP 05-0/RP 05-11/CDP OW4 ELEVATION REVISIONS / ENHANCEMENTS KEY NOTES A — ENHANCED WALL /^ — ADDED BALCONY A — ENHANCED WINDOW — ENHANCED WALL AND ADDED ROOF BRACKET — ENHANCED HIGH WINDOW — ADDED WINDOW — ENHANCED WALL AND HIGH WINDOW — ADDED ENTRY TRELLIS o Ifijjl I |};!',Hill! ElEVATION-C [SOUTH 1 OI 00 S O wpy w ^ A-8.1 SDP 05-14/CDP 05-43/RP 05-11/CDP 09-04 o i liiliii T ' ill ELEVATION KEY NOTES |~j~| INTEGRAL COLOR PLASTER [T| PLASTER TRIM |~T| STONE VENEER [T] SHINGLES SIDING [T| DECORATIVE ROOF BEAM Pel RAFTER TAIL [T] LAMirtATED SHINGLES ROOFING [T] METAL GUARDRAIL/RAIL [T] DECORATIVE ROOF BRACKET [w\ PLASTER CORBEL [77] WOOD TRELLIS [Tal SHIPLAP SIDING 1! S< A-8.2 SDP 05-14/CDP OW3/RP 05-11/CDP 09-04 SO II ELEVATION KEY NOTES [T] INTEGRAL COLOR PLASTER |T| PLASTER TRIM [T| STONE VENEER |T| SHINGLES SIDING [T] DECORATIVE ROOF BEAM |T] RAFTER TAIL [T] LAMINATED SHINGLES ROOFING [T] METAL GUARDRAIL/RAIL ["9"! DECORATIVE ROOF BRACKET 101 PLASTER CORBEL [TT] WOOD TRELLIS RlM SHIPLAP SIDING O § I A-8.3 SDP 05-U/CDP OM3/RP 05-1VCDP 09-04 P liiilS!!; 1 DELIVERY AREA ELEVATION KEY NOTES [T] INTHGRAL COLOR PLASTER [T] PLASTER TRIM [T] STONE VENEER [T| SHINGLES SIDING [T| DECORATIVE ROOF BEAM m RAFTER TAIL [T] LAMINATED SHINGLES ROOFING |~8~| METAL GUARDRAIL/RAIL [T] DECORATIVE ROOF BRACKET [To] PLASTER CORBEL [Tj] WOOD TRELLIS 112 j SH1PLAP SIDING OO e § SUJ A-8.4 Oi SDP 05-14/CDP OW3/RP 05-11/CDP 09-04 BASEMENT PARKING ENTRANCE / EXIT ELEVATION KEY NOTES |~T| INTEGRAL COLOR PLASTER |T| PLASTER TRIM [T| STONE VENEER [T] SHINGLES SIDING |T| DECORATIVE ROOF BEAM IT1 RAFTER TAIL [T] LAMINATED SHINGLES ROOFING [T| METAL GUARDRAIL/RAIL ["9] DECORATIVE ROOF BRACKET [10] PLASTER CORBEL [JTJ WOOD TRELLIS RJl SHIPLAP SIDING 1 5 I A-8.5 SDP 05-14/CDP 05-43/RP 05-11/CDP 09-04 O I !lilhliMtiihlili i'i ELEVATION KEY NOTES |~T[ INTEGRAL COLOR PLASTER [T] PLASTER TRIM |~3~| STONE VENEER |~7] SHINGLES SIDING [T] DECORATIVE ROOF BEAM nil RAFTER TAIL [T] LAMINATED SHINGLES ROOFING [T] METAL GUARDRAIL/RAIL jjT| DECORATIVE ROOF BRACKET 1101 PLASTER CORBEL [JMJ WOOD TRELLIS RJl SHIPLAP SIDING O § Iw A-8.6 SOP 05-14/CDP OM3/RP 05-11/CDP 09-04 ELEVATION KEY NOTES [T] INTEGRAL COLOR PLASTER [~T"| LAMINATED SHINGLES ROOFING fiT| METAL GUARDRAIL/RAIL 9 DECORATIVE ROOF BRACKET PLASTER CORBEL i WOOD TRELLIS SHIPLAP SIDING 3J STONE VENEER [7] SHINGLES SIDING DECORATIVE ROOF BEAM ROOF MOUNTED UECHIWCAl H SDP 05-14/CDP OW3/RP 05-1VCDP 09-04 ;: i*m Si!lilillli •I, 10 !! oni v / o ROOF MOUNTED MECHANICAL EQUIPMENT BELOW RflOF ASSEMBLY (TYPICAL) BLOW-UP SECTION SHOWING MECHt. ROOF EQUIP. SCALE jj-.r^r A-9 ROOM TYPE-A *02SF LOCATION: 1il, Ind*3rt FLOW TOTAL NUMBER OF ROOM TYPE - A - 1S2 ROOM TYPE - B 387 SF LOCATION: 1H 2nd « 3M FLOOR TOTAL NUMBER OF ROOM TYPE-1 SDP 05-14/CDP 05-W/RP 05-11/CDP 09-04 ROOM TYPE - C 604 SF LOCATION- 3nd*3nf FLOOR TOTAL NUMBER OF ROOM TYPE - C = o I Ii s ROOM TYPE - D 1011SF LOCATION: Znd 13rt FLOOR TOTAL NUMBER OF ROOM TYPE - D . 2 ROOM TYPE - E 932 SF LOCATION W FLOOR TOTAL NUMBER OF ROOM TYPE - E i ROOM TYPE-F 478 SF LOCATION Id FLOOR TOTAL NUMBER OF ROOM TYPE • F • 'I• i '. A-10 T SDP 05-14/CDP 05-43/RP 05-11/CDP 09-04 SPAf) il'Wi!'-!i!ii{{Ji|Hi jjjji »l!a ,...r G STRUCONEPALEA-ll SDP 05-14/CDP 0&43/RP 05-11/CDP 09-04 HillIllll I! Q. -J A-12 SDP 05-14/CDP OW3/RP 05-11/CDP 09-04 1Br-ff ff-O- It TYPICAL LEVELTWC * ig-cr i 24'-o- 1S1 I I BEASPAo sill 'I'll 3 tUC ci-iw 3 9n is< a)o- -J u A-13 SDP 05-1«CDP 05-43/RP 05-11/CDP 09-04 g uo ELEVATION KEY NOTES [T] — INTEGRAL COLOR PLASTER [T] - PLASTER TRIM [T| — DECORATIVE ROOF BEAM [Tl — DECORATIVE ROOF BRACKET [5] — RAFTER TAIL |Y] — LAMINATED SHINGLES ROOFING \J~\ — METAL GUARDRAIL / RAIL [~8~| — STONE VENEER H — BELOW GRADE M > A-14 SDP05-14/CDPOW3/RP05-11/CDPOM4 n n ELEVATION-4 £ "o 8 liiiiiii s - i' \l\\ 1- 1II ELEVATION KEY NOTES pj~| — INTEGRAL COLOR PLASTER [T1 — PLASTER TRIM fj] — DECORATIVE ROOF BEAM (Tl — DECORATIVE ROOF BRACKET |5| — RAFTER TAIL |Y] — LAMINATED SHINGLES ROOFING FT] — METAL GUARDRAIL / RAIL FB] — STONE VENEER S — BELOW GRADE A-15 SDP 05-14/CDP 05-43/RP 05-11/CDP 09-04 - VALET ENTRY RAMP LEVEL ONE (45.0) ! i i i ELEVATION KEY NOTES [T| INTEGRAL COLOR PLASTER [T] PLASTER TRIM [T| DECORATIVE ROOF BEAM [T| DECORATIVE ROOF BRACKET | 5 j RAFTER TAIL |~6~| LAMINATED SHINGLES ROOFING pT| METAL GUARDRAIL/RAIL [£] STONE VENEER ^ BELOW GRADE i £ a A-15.1 SDP 05-14/CDP 05-43/RP 05-11/COP 09-04 ELEVATION KEY NOTES pT| INTEGRAL COLOR PLASTER 5 RAFTER TAIL |~6~| LAMINATED SHINGLES ROOFING p7~| METAL GUARDRAIL / RAIL STONE VENEER BELOW GRADE 3 DECORATIVE ROOF BEAM |~4~] DECORATIVE ROOF BRACKET SOP 05-14/CDP 0543/RP 05-11/CDP 09-04 i3r-cr ±129 1 RAILROAD tsv o II « KEY PLAN A-16 33'-10" FLOOR PLAN 38'-6" ROOF PLAN SOP 05-14/CDP 05-43/RP 05-11/CDP 09-04 ELEVATION KEY NOTES |~j~| — INTEGRAL COLOR PLASTER |~2~| — RAFTER TAIL [T] — LAMINATED SHINGLES ROOFING O SECTION -1 m ELEVATION-A ELEVATION - B n ELEVATION - C I o A-17 SDP OS- 1-1/CDP 05-43:f>P 06-' I 'COP 09-04 REPRESENTATIVE DETAIL CONCEPTS LIGHTING CONCEPTS -i X •ft.Q i e§ X ! 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SIOHI BRAH tt£T PKP. 5TON OtMH a&UUUT fMP. SfHOtPff PKP. miam HUP. smrrixHT PHCP. MAX StBPf PUBLIC inures AND DBTBCTS CAS * ELECTRICTELEPHONE:FHE PROTECTION SCHOOLS: WATER: SEWER; STORM DRAM: SAN Of CO GAS t ELECTRIC arr or CARLSBAD CARLSBAD UNIFIED SCHOOL DISTRICT CARLSBAD MUWOPAL WAIER DISTRICTarr OF CARLSBAD dTT OF CARLSBAD fi 1! tD Q !Uo-1 OQ -l^ C-1 U:\Cnginefrintj Pn>/et:ts\WayfCff3t\CADO\SOPCDP-SUBHmAL~fTB-09\C- '.DWG 04/I5/20O9 C SDP-05-14/CDP 05-43/RP 05-11 TON HOTEL HEW SIDEWALK EX. SHXWALK *»«•«* .,u j^jft 5'If OHVE LAHE If CWIC LANE if"-*— f ^ HfW AC PAVEUtHT rpER K VALUE TESTS POKTO DRIVE (PROPOSED) SECTION C-C PONTO DHVE (PROPO8H3) TEMPORARY ASPHALT SURFACE SECTION D-D HOT TO SCALE PONTO DRIVE (PROPOSED) TBwFORARY ASPHALT SURFACE PORTION FROM BEACH WAY TO APPROX. 270' NORTHCTLY SECTION D1-D1 CENJERUNC PROPER TYLWE V J A EX TRAVEL LANE . [~ £X. MED/AN 35'i r EXIST. UBMAH J PROPOSED IZ TURN POCKEr VARIES i *rJ>Twc°«5 !/• 34'± GRIND AND OVERLA PROPOSED PROPOSED 12' TRAVEL LANE 12' TRAVEL LAA Ct tCWW rACPAVCMENT I PROPOSED IE 0 &KE LANE ^T^T VARIES VARCS 24' UR^oJtl'sV I VARIED PROPERTY LI CAnts!^^Pc(?OP06g3) ?——SECTION E-E PCT ff IWOf TESTS LOOKING NORTH HOT TO SCALE -^ 7WE G-2 CURB-' HOW HOTEL PARKING V A EX. TRAVEL LANE ]/ 32 OR VAttES «,-ACP>iieumT i Ww GRADE TO DRAW PROPOSED . 5'* CRWD J4'± AC PAVEMENT S PROPOSED / PROPOSED rw>r e-r euw-v t GUTTER \ yffifs VARItS 2^' . »«' j-Jj*'.URFBLOCKI SW" 1 VAg*^ PROPOSED RETAINING - WALL AND FOOTING PER | STRUCTURAL ANALYSIS \ PROPOSED RETAIMNQ WALL HILIW MOTEL CARLSBAD BLVD. (PROPOSED) SECTTONF-F ~ ff* TYPE G-t KOAH COS RT & SPABEACHHofmanig +iioWQ C-2 rojects\Wovecnst\CADO\SOF>CDf>^SUBI<ltTTflL-FEB-09\C-2.dwg 04/15/2009 OB:02 ®HOfMAN PLANNING AND ENGINEERING 2 o SDP-05-14/CDP 05-43/RP 05-11 / - - ,1 1 k ' ^ 'L,^ 1* 21416004 -JZM 1=0 06 ,2« 160 OB ,214 180 4 Z» rH-'.- - _ !" I i -*• I . l\io--L • > ., ,f .. r-HZM.160 2| i,. J I— I : 0,10 AC 1 I; BOULEVARD EASEMENT NOTES a a a (3 a 07-21-94 ASnSHO. IJIIJf, Q.R. SMffOHO SPUR K-O-W A UWJfS Pi 07-23-63 AS Fit NO. IJISJS, tilt. now t PUBLIC un/rrs ff* DOC. fOJ-OJ-St ASnfHO J89S7. O.K. SKtf EASflfHT PBt DOC. HfCOOXD00~t7-f4 ASfUHO. 140489, Oft. a 6' SDGif £AStVff/T PfK OOC. KfCCKXD OB-07-72 ASM!HO. 206234 aft RAtfOtD SPUR R-O-W * UnUJTS fBf DOC tfeOSXD 01-13-6! ASftEW. K350, O.R. HEUNOUSHfNr OF ACCfSS OCHTS PfK PAfHXL HAP Ha Iii3i 01-31-3IH BOOK J956. PACE S. 0« fl (53 SOGK EASOfNT PER DOC. KCOKIED '—' Of-17-17 ft BOOK 723. PAS 481, OfDEEDS fmnm amt-o-n} m OMR5 CWOOtW EASBXNT p£R DOC. RECOftffVu~^ OS-fJ-99 ASF/PNO. 99-043777S. O.H. oo - = 60' **JPC/MFM C-3 fcnst\CADO\SDPCDP^SUBUinAL-rE8-09\C-J.d-rg 04/I5/20OS 07:59 M PLANNING AND ENG'NEERII O SDP-05-14/CDP 05-43/RP 05-11 /r "n v ~™^ «> __ \ XD**"1" _ _ —L A^j4, - BOULEVARD ^^^ ^^ , - *.—-^-~r-~ ^j"-^ v^~^ ^J CA nwcf DEMOUTION NOTES (j) TO HB4AIN IN PtACf S TO fit flfMOVED re ee JKioomo S fO SC ABANOOHfV 70 K UNOEKCrtOUNDED/kCUXATEO Ti fffWOHT 4MD WSPOSf Cf >UL ffCTMWCW, P^VCUE 1 STWCnttS OR CONCflf 7F W MS >WKX WtffSS-1 N07ZD OTWCTHfSE. ss E »oli C-4 U:\engineering Proiects\Vtavtcrest\CAOD\5DPCDP_SU8IMtTTAL-f'EB-O9\C~4.iiwg 04/IS/20O9 07:58 SHOPMAN PLANNING AND ENGINEERING 2007 s. )FFi SDPr05-14/CDP 05-43/RP 05-11 PROPOSED GRIND AND OVERLAY AC PAVEMENT PROPOSED AC PAVEMENT PROPOSED CONCRETE PROPOSED OFFSITE GRADING EE LANDSCAPE PLANS FOPR TREATMENT GffAOf TO MAIN t, T) O o »MaWAVE-PONT C-5 Projects\*nvBcre3l\CADD\SOPCDP_SUeMITTAL-FEB-09\C-5.dw(] 04/15/2009 0 0 ENGINEERING 2007 OIP MATCHLINE SEE C-5 SDP-05-14/CDP 05-43/RP 05-11 1 PROPOSED AC PAVEMENT ~1 PROPOSED CONCRETE PROPOSED OFFSITE GRADINGi SEE LANDSCAPE PLANS FOPR i TREATMENT 03LU JTV-TCO O O co S5 C-6 M:\Enginssring Projects\*av«c.flst\CADD\SDPCDP_5UBMrnAL-CEa-09\C-6.dwg 04/15/2009 SHOPMAN PLANNING AND ENENEEBING 200? O SDP-05-14/CDP 05-43/RP 05-11 as I1*Is Ii CD C-7 W.'\Cngineering Projects\Winecrest\CADO\sr>FCOP_$U!3WrTAL-fT8-O9\C-7.DWG 04/15/2009 07:5!N PLANNING AND ENGINFCRWG zoo? O SDP-05-14/CDP 05-43/RP 05-11 BOUtEVARD- LEQEND FW£ TRUCKUOVfMfVTW/STAHDARO42' TURNRADIUS fi !»o X p C-8 U:\Enginoenng Proiects\WoVecrest\CADO\SDPCDP_SUBMtTTAl-r(:B-O9\C-B.DWG 01/15/2009 0 H PLANNING AND ENGINEERING 2007 SDP-05-14/CDP 05-43/RP 05-TI//CDP 09-04 PEDESTRbVt POLE UOHT HARDSCAPE LEGEND P.I.P. CONCRETE PAVING. COLOR AND FINISH TO HATCH EXISTING r^''"-'l © ENHANCED CONCRETE PAVINO TYPE J • INTEGRAL C • ANttOR EXPOSED ABOREOATE CD© -"«" (i) ACCESSWLE PASSENGER LOADING ZONE QO pI-P-- CONCRETE HEADER WITH SANDBLASTED LETTERS AT RRELANE (7) PI f CONCRETE HEADER - WTEQRAL COLOR ANDAR EXPOSED AGGREGATE (?) STABILIZED D.O. @ IS- WDEPJJ'.snE WALL- STUCCO OR STONE FINISH. W MAX HT. (To) IS" WE P.I-P. SITE WALL AT ROOM PATIOS PER ARCH. J MAX. HT. (TT) PJ.P. PLANTER WALL- STUCCO OR STONE FINISH T MAX. HT, @ 11- WBE P.IJ-. SEAT WALL, STUCCO OR STONE FINISH. 1C MAX. HT. iflENmES© © 0 i! •L fENCE AND OATE r HIM HT © © © DRIVEWAY TO PAMONa QARAQE. REFER TO CIVIL PUBLIC' AMENme — (Sj) EX ELECTRICAL BOX TO REMAM ERTOLI-I B*E RACK. REFER TO L1-Z WASTEIRECYCLMO RECEPTACLES- REF6H TO LI-I OATfWAT SIQN. REFER TO LM PEDEBTRMN POLE UOKTWITH BANNEROMCCDONAL SK9NAGE U L1-1 SDP-05-14/CDP 05-43/RP 05-11//CDP 09-04 FORMS + SURFACES HUDSON BENCH www. forms-surfaces. com QUICKCRETE CALIFORNIA SERIES www.quickcrete.com ARCHITECTURAL AREA LIGHTING SPECTRA www.aal.net •* f FAIR WEATHER SITE FURNISHINGS OLYMPIC SERIES www.fairweathersl.com LANDSCAPE FORMS BALUSTRADE BENCH www.landscapeforms.com QUICKCRETE CALIFORNIA BENCH www.quickcrete.com QUICKCRETE SANTA FE SERIES WELLE RACKS MULTIPLE BEND www.quickcrele.com www.bikeporking.com WELLE RACKS CIRCULAR www.bikeparking.com LOUIS POULSEN AH NYHAVN WITH DIRECTIONAL BANNER www.louispoulsen.com ARCHITECTURAL AREA LIGHTING SPECTRA SPB www.aal.net CONCEPTUAL DESIGN OPTIONS FOR GATEWAY SIGN GATEWAY SIGNAGE CONCEPT NOTE: SEE SHEET L3-5 FOR PLANT CHARACTER IMAGES l! tt lilf. LilU E a; £&£ 0° lil O L1-2 SDP-05-14/CDP 05-43/RP 05-11//CDP 09-04 1. VIEW OF WATER FEATURE FROM HOTEL ENTRANCE 2. VIEW Of WATER FEATURE AND SEATING AREA ^ -v^,f^l&;»gC^ 3. VIEW TO HOTEL ENTRANCE FROM NEIGHBORS ACROSS PONTO DRIVE -6 WAIL / / MER FEATURE fiOTEl ENTRANCE ENTRANCE DRIVE PLAN ENLARGEMENT AT ENTRY DROP-OFF SCALE X6" = 1 '-0" 4. VIEW TO HOTEL ENTRANCE FROM PONTO DRIVE 5 °UJ UJ iI U- L1-3 BEST SDP-05-14/CDP 05-43/RP 05-H//CDP 09-04 VHITEWATER ST. _ Maintenance: Landscap* maintenance will ba ttw rviponiibility of retort owner. S«not»o «h««t L3-1 JNUALSUPPLEMENl THE IRRICATt IRALL HAVE PRESSURE REDUCING ASSEMBLIES. ECOMPEHSAT10N NOZZLES SYSTEM SHALL HAVF A^JJASTFR CONTROL VALVF AMP THE IRRIGATION CONTROLLER SHALL BE A "SMART" CONTROLLER CAPABLE OF DAILY SCHEDULE ADJUSTMENT VIA BROADCAST ET RATES FROM THE MANUFACTURER. THE IRRIGATION WATER-USE LEGEND 1 1: to IT111 I L2-1 SDP-05-14/CDP 05-43/RP 05-TI//CDP 09-04 ZONE 1 - LUSH PLANTINO MGH WATER USE AREAS ARE KEPT TO MMMUM. THE LUSH PLANTING ZONE REPRESENTS ONLY B* OP THE TOTAL LANDSCAF-ED AREA. AND ISRESERVED FOR AREAS OF HIGHEST VISUAL MPORTANCE. ZONE 2 - REFINED PLANTING A CLEAN, MANICURED APPEARANCE IS ESSENTIAL FOR THIS RESORT/HOTEL PROJECT. THE REFINED PLANTING ZONE PROVIDES THE CORRECT VISUAL IMPACT WHILE REQUIRING LESS WATER THAN ZONE 1. T— — -,, ZONE 3 - NATURALIZING PLANTING WATER USE ZONES REPRESENT 35* OF THE TOTAL LANDSCAPED . PLANTS « THESE ZONES ARE SELECTED FOR LOW MAINTENANCEKJtREUENTS, LOW WATER USE, AND A NATURALISTIC CHARACTER. ZONE 4 - NATIVE PLANTING LOW WATER USE ZONES REPRESENT 36% OF THE TOTAL LANDSCAPEDAREA. PLANTS IN THESE ZONES ARE SELECTED FOR LOW MAINTENANCE REQUIREMENTS. LOW WATER USE. AND A NATURALISTIC CHARACTER. ZONE S - PONTO BEACHFRONT VILLAGE PLANTING ATTRACTIVE AND LOW MAINTENANCE PLANTINGS ALONG PONTO ROADMEDIAN AND STREETSCAPE PER THE PONTO WSK3N PLAN. TURF MGH WATER USE AREAS ARE KEPT TO A MINIMUM. TURF REPRESENTS ONLY 3* OF THE TOTAL LANDSCAPED AREA. AND IS ONLY USED IN EXTERIOR EVENT SPACES. MEADOW GRASS MIX THE MEADOW GRASS MIX IS AN APPROPRIATE PLANTING FOR FIRE LANE ACCESS AND PROVOES A TRANSITION FROM THE NATURALIZING PLANTINGALONG CARLSBAD BLVD. TO THE REFINED RESORT PLANTING (ZONE I). I! i! ccjy i * •e L2-2 SDP-05-14/CDP 05-43/RP 05-11//CDP 09-04 PLANT LEGEND MONTEREY CYPRESS CALIFORNIA SYCAMORE NEW ZEALAND CHRISTMAS TREE »MTE MULBERRY CALIFORNIA PEPPER NATAL CORAL TREE CRAPE MYRTLE TUSKEGEE PINK TRUMPET THEE CANARY ISLAND DATE PALM MEXICAN FAN PALM = .1 8IOSWALE PLANTWG LOW SHRUB/GROUNOCOVER FLOHERMG/PCRENMAL/ACCENT FIRE LANE / MEADOW GRASS / SEED •J1STRA*BETWEN A ^ MEDIAN LANDSCAPING SHALL BE AS APPROVED BY THE CITY OF CARLSBAD.MEDIAN MAINTENANCE PER CITY OFCARLSBAD. SEE NOTES.B ) NO SHRUB PLANTINGS OVER 30' M HBOHT SHALL OCCUR WITHIN SIGHT LINE RESTRICTION AREAS 7.) AREAS GRADED FLATTER THAN 6:1 REQUIRE STANDARD COVER CROP WHEN THEY HAVE 1 OR MORE OF THE FOLLOWING CONDITIONS: A) SHEET GRADED PADS NOT SCHEDULED FOR IMPROVEMENTSWITHM fl MONTHS OF COMPLETION OF ROUGH GRADMG. B) A POTENTIAL EROSION PROBLEM AS DETERMINED BY THE CITY C) DENTF1ED BY THE CITY AS HIGHLY VISIBLE AREAS TO THE PUBLIC OR HAVE SPECIAL CONDITIONS THAT WARRANT IMMEDIATE TREATMENT. «.) LANDSCAPE MAWTEHANCE WLL BE THE RESPONSIBIUTY OF THE RtSORTOVMER WITH THE EXCEPTION OF THE CARLSBAD BLVD. MEDIAN. WHICH MLL BE THE RESPONSWUTY OF THE OTY OF CARLSBAD [ ""I ZONE I - LUSH PLANTING ZONE 2 - REFINED PLANTING ZONE 3 - NATURALIZING PLANTING ZONE 4 - NATIVE PLANTING VILLAGE MEADOW GRASS MIX SEE SHEET L2-2. L3-2 PDESCRIPTIONS OF PUWIWZONES. L3-1 PLANT LEGEND HEW ZEALAND CHRISTMAS T1 WHITE MULBERRY CALIFORNIA PEPPER TREE CRAPE MYRTLE TOSKEOEE PINK TRUMPET TREE LEPTOSPCTMUM LAEVIGATUM MELALEUCA NESOPHILA MYDFDRUM LAETUM •4- BOX BO" X SO" 14 4T BOX iff X 30' 14 48" BOX 75' X 50' 10 X" BOX 30' X 30* 30 36* BOX 40' X 40' 25 4fl* BOX 40' X 40' W BOX 50' X SO1 4»' BOX 30' X 35' 38' BOX 15' X IS1 38" BOX 20' X IS' »• BOX 2S' X 3D1 X' BOX 15' X ID* 38' BOX 20' X 20' 38' BOX 25' X 25' 24' BOX 15' X 20' 24' BOX 25' X 20* 74' BOX 30' X 20" 15' BTH 80' X 50' IB' BTH 100' X 10' 15' BTH 30' X 13' PLANTING ZONES | PIANT SIZES | PLANT QUANTITIES WE LUSH PLANTING ZONES ARE HIGH USE LOCATIONS AND AREAS OF GREAT VISUAL IMPORTANCE SUCH AS THE MAN ENTRY AND PUBLIC GATHERING AREAS OF THE HOIH- AND SNACK BAR. TNE LUSH PLANTING AREAS REQUIRE REGULARIRRIGATION AND A HIGHER LEVEL Of MAINTENANCE. JUNIPERUS C. TORULOSA.' UGUSTRUU JAPOMCUM U TENAX ARBUTUS UNEDO tUTN KTWT DWARF STRAWBERRY TRE CARISSA MACROCARPA NATAL PUNCHOSYA TERNATA MEXICAN ORANGE JUNIPERUS SAUNA SAVW JUNIPER JUNIPERUS CHINENSIS •PARSONII' PROSTRATE JUMPER PHILODENDRON 'XANADU1 DWARF PHLODENDRON POLYSTCHUM MUM1UM WESTERN SWORD FERN WOODWARDLA FIUBRIATA GIANT CHAM FERN SDP-05-14/CDP 05-43/RP 05-H//CDP 09-04 3'-0' O.C. B'-O" O.C. S'-O' flic. NATURAUZINC PLANTING ZONES ARE LOCATED ALONG THE WEST SOC OFJ THE HOTEL FOLLOWMG THE PUBLIC BIKE TRAIL AND ALONG THE SOUTH ENTRYTO THE PARKING OARAGE AND HOTEL PARMNG LOT. THESE AREAS HAVE A NATURALIZED APPEARANCE AND A SPECIES SELECTION SIMILAR TO THE NATIVE LANDSCAPE, BUT WITH MORE YEAR ROUND COLOR AND INTEREST. ALONG THE SOUTH SIDE OF THE SITE, THIS ZONE WU BLEND INTO THE NATIVE LANDSCAPE. THE ZONE RESUMES LIMITED WATER AND MAINTENANCE. ONCE E THIS ZONE CAN SURVIVE LONG DRY PERIODS. MYR1CA CALIFORNIARHAMNUS CAUFORWCA RHUS MTEGRFOLJA 15 GAL. 5'-0" O.C. ANGEL'S TRUMPET TASMANIAN TREE FERN JAPANESE ARALIA BLUE HMSCUS BRLKMANSIA X CANDBA OtCKSONIA ANTARTICA FATSIA JAPOMCA ALYOGYNE HUEGELN EUPHORBIA CHAR AC) AS NCN HEUCHRYSUM PETWLARE 'UMEUGHf NCN HEMEROCALilS 'GREEN aUTTER' GREEN DAYU.1 PARTHENOOSSUS TRKUSPOATA BOSTON IVY DISTICTIS BUCCAMTOHIA RED TRUMPET VINE SOLANDRA MAXIMA CUP OF COLD VINE ijj THE REFINED PLANTING ZONES ARE LOCATED ALONG THE ENTRY DRIVES TO 3 THE HOTEL ALONG THE PARKING STRUCTURE AND ADJACENT TO THE HOTEL AND PARKING LOT. THESE AREAS HAVE A MANICURED AND KEPT APPEARANCE BUT REQUIRE LESS MAINTENANCE AND ARE MORE DROUGHT TOLERANT THAN THE LUSH LANDSCAPE. ECHUM F ELAEAGNUS PUNGENS 'UARSNATA PITTOSPORUM TCfflRA GREVILLEA NOELLHLEPTOSPERWUM S. 'SNOW WWTRHAPHIOLEPIS IMNGA 'CLARA'' GAL AS NOTED AS NOTED AS NOTED AS NOTEDAS NOTEDy-o" O.G. I'-B' O.C. !'-•• O.C. 3'~0' O.C. B'-O' O.C.8'-0' O.C.«'-0" O.C. 5 OAL5 GAL5 GAL 3'-0* O.C. 4'-0' O.C.4'-0' O.C. ARTEMESJA CAUFORWCA CALIFORNIA SAGEBRUSH BACCHARIS PILULAHIS 'TWN PEAKS' DWARF COYOTE BUSH ERIOGONUM 'DANA POINT DANA POINT BUCKWHEAT ROSA BANK9AE LADY BANKS' ROSE ESCHOLZIA CALJFOHNICA CAUFORNIA POPPY HEUCTOTRICHON SEMPERVIRENS BLUE OAT GRASSMUHLENBEROA RIGENS DEER GRASS OENETHERA SPECIOSA 'ALBA' WHITE tVENIHG PRIMROSE TACCTES LUCtDA MEX THE NATIVE PLANTING ZONES ARE LOCATED AROUND THE P THESE AREAS ARE LOW USE AND WtL REQUIRE MINIMAL Hit LOW WATER ONCE ESTABLISHED. HETEROMELES ARBUTTOUAMYRtCA CAUTORM1CA RHUS WTEGfllFOUA LEMONADE BERRY CEANOTHUS 'YANWE POWf LAN TAN A 'TANGERINE' ROSMAflMUS OFFIONAUS '«ENSENECIO MANDRAUSCAE NEW ZEALAND TEA WE CALIFORNIA ULAC PROSTRATE ROSEMARY AGAVE FLOWERING ALOES PMDO PALM NEW ZEALAND TEA TREE AGAVE SPP. ALOE SPP. BUT1A CAPITATALEPTOSPERMUM LAEVICATUM ANIGOZANTHUS FLAVIDUS FESTUCA MAEREI RUSSELIA EQUISET1FORMIS SANTOUNA CHAMAECYPARISSUS BOUGAINVKIEA 'CALIFORNIA GOLD1 ORANGE BOUGAINVKIEA FICUS fcUMILA CREEPING FIGvms CALTORMCA "ROGER'S RED' ROGER'S RED CRAPE ARCTOSTAPHYLOS 'HOWARD UCMINN' HOWARD MCMMN MANZAMTA BACCHARIS SAROTHROIDES DESERT BROOM CEANOTHUS 'JULIA PHELPS' CAUFORNIA ULAC •JUNCUS PATOIS BACCHARIS PIAJLARIS 'TWM PEAKS' DWARF COYOTE BUSH CEANOTHUS 'YANKEE POINT CREEPING CALIFORNIA ULAC IV* HAYESIANA SAN DCOO MARSH ELDER S 'CANYON PRINCE•UMOMUM CALFORNICUM MIMULUS AURANTIACUS MUHLENBEROA RIGENS ROMNEYA COULTER! • DENOTES BIOSWALE PLANTING MUD RVE COASTAL STATICESTICKY MONKEY FLOWER DEER CRASS MATIUA POPPY J-f O.C. *'-6" O.C. f~f O.C. 3'-0- O.C. GAL 3'-0" O.C. ARCTOSTAPHYLOS "PACIFIC MIST* PACIFIC GA2AMA RIGENS BRONZE GAZAWA ROSMARINUS PROSTRATUS 'IRENE1 PROSTRATE ROSEMARY KANGAROO PAW REGAL MIST MUHLEN6ERGIA DEER GRASS AUTUMN MOOR GRASS AGAVE A AGAVE SHAWIAMGOZANTHOS SPP. MUHLENBERGIA CAPHLARtS MUHLENBERCIA RIGENS SESLERIA AUTUMNALJS 15 GAL 2'-B' O.C.15 GAL 4'-0' O.C.5 GAL 2'-0* O.C. 5 GAL 3'-0- O.C. 1 GAL 3'-0" O.C. 1 GAL 2'-0- O.C. \ J MEADOW GRASSES ARE SELECTED FOR USE IN THE FIRE LANE ALONG WEST 30C OF HOTEL THIS AREAS HAS A NATURALIZED APPEARANCE TO BLEND WITH THE SURROUNDING LANDSCAPE WRJE STLL MEETMG FME TRUCK ACCESS REQUMEMENTS.IT REQUIRES LITTLE MAINTENANCE AND IS MORE DROUGHT TOLERANT THAN TURF RED FESCUE. CHEWMGS FESCUE, AND HARD FESCUE 1 NCTLON L3-2 SDP-05-14/CDP 05-43/RP 05-11//CDP 09-04 TREES CRAPE MYRTLE CALIFORNIA SYCAMORE PINK MELALEUCA NATAL CORAL TREE NEW ZEALAND CHRISTMAS TREE ARBUTUS 'MARINA' MONTEREY CYPRESS MEXICAN BLUE CALM MEXICAN FAN PALM AFRICAN SUMAC CANARY ISLAND PALM "33 H 2 5 « 1: O O O P coZ lil< lil L3-3 SDP-05-14/CDP 05-43/RP 05-11//CDP 09-04 1. LUSH PLANTING JAPANESE ARALIA HOLLYWOOD JUNIPER 3. NATURALIZING PLANTING 2. REFINED PLANTING 1 c£ 1: FLOWERING ALOE COAST ROSEMARY 4. NATIVE PLANTING ATLAS FESCUE NEW ZEALAND TEA TREE DCHI RAMANAS ROSE LEMONADE BERRY DWARF COYOTE BUSH CALIFORNIA LILAC BUSH MONKEY FLOWER L3-4 PONTO BEACHFRONT VILLAGE ENTRY PLANT MATERIALS SDP-05-14/CDP 05-43/RP 05-11//CDP 09-04 MEDIAN PLANT MATERIALS IP DEER GRASS AUTUMN MOOR GRASS SHAW AGAVE AUTUMN MOOR GRASS REGAL MIST MUHLENBERGIA PARKWAY PLANT MATERIALS BRONZE GAZANIA r L3-5 EXHIBIT 5 Planning Commission Minutes May 6,2009 Page 4 MOTION ACTION: Motion by Commissioner Douglas, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6557 approving Coastal Development Permit CDP 08-23 based upon the findings and subject to the conditions contained therein including the change to Condition No. 20 as stated by the Assistant City Attorney. VOTE: 7-0 AYES: Chairperson Montgomery, Commissioner Baker, Commissioner Boddy, Commissioner Cardosa, Commissioner Dominguez, Commissioner Douglas and Commissioner Whitton NOES: None ABSENT: None ABSTAIN: None Chairperson Montgomery closed the public hearing on Agenda Item 3 and asked Mr. Neu to introduce the next item. 4. RP 05-11/ SDP 05-14/CDP 05-43/CDP 09-04 - HILTON CARLSBAD BEACH RESORT - Request for a determination that the project is within the scope of the previously certified Ponto Beachfront Village Vision Plan Program Environmental Impact Report EIR 05-05 and that the Program EIR adequately describes the activities for the purposes of CEQA and a recommendation for approval of a Redevelopment Permit and Redevelopment Coastal Development Permit and approval of a Site Development Plan and Coastal Development Permit to allow for the demolition of 10 existing structures and the development of a 215 room, three-story hotel, with 10,385 sq.ft. of conference space, a 5,100 sq.ft. day spa, a 5,100 square foot restaurant, a two-story parking structure, a basement garage, and an outdoor swimming pool on 8.01 acres of land located south of Ponto Drive and east of Carlsbad Boulevard in the South Carlsbad Coastal Redevelopment Area, the Mello II Segment of the Carlsbad Local Coastal Program, and Local Facilities Management Zone 22. Mr. Neu introduced Agenda Item 4 and stated Senior Planner Christer Westman would make the staff presentation. Chairperson Montgomery opened the public hearing on Item 4. Mr. Westman gave a detailed presentation and stated he would be available to answer any questions. Chairperson Montgomery asked if there were any questions of Staff. Commissioner Dominguez asked for clarification regarding the porte cochere and how far the overhang will extend. Mr. Westman stated it is only over the pedestrian area, it will not go over any part of the drive, and it is a solid roof. Commissioner Douglas asked if the parking structure will only be available for valet parking by the hotel or if it will be available to all hotel guests. Mr. Westman stated it will be available for self-parking also. Commissioner Douglas asked about the cost-sharing of this development for the improvements to the bridge and to the portion of La Costa Avenue in Encinitas. Mr. Westman deferred to the Engineering Department. Mr. Van Peski stated the cost sharing of the improvements is from a settlement and that set the 50% portion of the cost for the developers in aggregate for the Ponto Vision Area. Any individual project's portion of that 50% is determined by looking at the traffic generated by that project relative to the traffic generated for the entire Ponto Vision Plan Area. Commissioner Douglas inquired about the location of the beach grill and how it will be used. Mr. Westman directed the Commission's attention to Planning Commission Minutes May 6,2009 Page 5 the slide and indicated where the grill will be located as well as the access points for the restaurant which will be along the public paseo along Carlsbad Boulevard. The intent is to bring some public use into the hotel easily accessible to the public. Mr. Westman stated it is similar to a hamburger stand-style restaurant. Mr. Westman also stated there will be bicycle racks along the paseo as well so bicyclists can also stop at the restaurant. Commissioner Baker asked about the small piece of property just north of the parking structure. Mr. Westman stated it was an RV parking area for the Hanover Beach Colony residents. Commissioner Baker asked if it is currently in use. Mr. Westman stated yes. Commissioner Baker asked how many levels the parking structure is. Mr. Westman stated the structure is 3 levels with one level that is below the grade of Ponto but is visible from the eastern side of the structure. Mr. Westman further described the parking structure. Commissioner Baker asked about the delivery truck route for the hotel. Mr. Westman indicated on a slide the loading area for the trucks and also stated the loading area is below the hotel. The trucks will be required to leave the site going south on Ponto Drive. Commissioner Whitton asked where the trash pick-up will be located. Mr. Westman stated that it will be in the same area as the loading dock. Commissioner Whitton further asked if the project will be solar ready. Mr. Westman stated not at this time. Chairperson Montgomery asked if the applicant wished to make a presentation. Bill Hofman, Hofman Planning and Engineering, 3152 Lionshead Avenue, Carlsbad, representing WaveCrest Resorts, gave a brief presentation and stated he would be available to answer any questions. Mr. Hofman introduced the property owner, Bill Canepa, 829 Second Street, Encinitas, who gave a brief presentation covering the history of the project including the design and discussed the following issues: an ocean view restaurant, subterranean parking, the placement of the hotel entry, and noise mitigation. He stated he would be available to answer questions. Chairperson Montgomery asked if there were any questions of the applicant. Commissioner Douglas asked about the purchase of the extra parcels around the project site. Mr. Canepa stated he owns several properties adjacent to the project site which goes as far south as Addison Sheet Metal. Commissioner Douglas asked what the other concerns, other than the location of the loading dock, noise and lights, that the residents of Hanover Beach Colony had and what was done to help mitigate those concerns. Mr. Canepa stated that everyone in the beach area is concerned with parking and traffic. One concern expressed was that the hotel guests would park in the neighborhood. He told the residents that would not be an issue because, as stated by their board, there currently is not adequate guest parking to accommodate even the residents. His desire is to be as good a neighbor as he possibly can be. He would even accommodate parking on an as needed, occasional basis for the Hanover Beach Colony residents. Commissioner Douglas asked if he feels that he has addressed the concerns of the neighbors. Mr. Canepa stated he feels he has listened to and addressed the neighbors' concerns as much as possible. Chairperson Montgomery asked if there were any further questions of Staff or of the applicant. Seeing none, he opened public testimony. Wayne Brechtel, 462 Stevens Avenue, Solana Beach, representing Bob Lipsy, and Paul and Stephanie Connelly, submitted a letter to the Commission and discussed the issues raised in the letter. He stated the berm near the hotel lobby is not adequate to help mitigate any noise or lights. He asked that the lobby and entrance be moved to the southern end of the project site. Chairperson Montgomery acknowledged receipt of the letter for the Commission. Commissioner Whitton commented that there are other home owners adjacent to his clients that are not present at the meeting. Mr. Brechtel stated he does not represent those home owners. Commissioner Whitton asked if Mr. Brecthel was asking the Commission to preserve the view from his clients' homes, I30 Planning Commission Minutes May 6,2009 Page 6 and asked if he was aware there is not a view ordinance in the City. Mr. Brechtel stated it is to point out that the rail road tracks are in their backyards, they will be losing their views, they will be looking at a commercial, tourist development. He is asking to ameliorate and lessen the noise and light and interference with the quiet use and enjoyment of what they have. Commissioner Whitton stated these homes have existed for quite some time, and the project site has been vacant and has been zoned accordingly, so his clients could have found out about the potential use of this property when purchasing their homes. Mr. Brechtel stated his clients did know about the project site, but felt that when the project came before the proper decision making bodies, they would make sure it was a responsible, compatible development. Commissioner Douglas asked Mr. Brechtel if his clients are only concerned with the entry of the hotel. Mr. Brechtel stated his letter goes into further detail about their concerns and that he is trying to focus the Commission on the crux of the issue. Chairperson Montgomery asked if it was presumptuous to assume that the impacts will be less to the neighborhood if the hotel entrance was moved. Chairperson Montgomery stated that with realignment or redesign of the project, there could be impacts that are more significant than as the project is currently designed. Mr. Brechtel stated there is always potential for that. Paul Connelly, 7122 Leeward Street, stated his neighbors are not present at the meeting but are equally concerned with the impacts the project will have on their neighborhood. His main concerns about the project are the location of the hotel entrance, noise, traffic, and light pollution. He feels that approving the project as it is designed would be irresponsible. Chairperson Montgomery asked if there were any questions of the speaker. Seeing none, he closed public testimony on the item. Mr. Hofman stated the basic concern is the design of the project with the entrance at the north end of the project. He stated the letter the Commission received and the testimony given contends that they ignored the mitigation measures of the EIR since the location of the driveway was not moved to the south, and because of this, substantial noise impacts will be created to the Hanover Beach Colony residents. Mr. Hofman pointed out that the mitigation measure does not require the relocation of the driveway but instead requires that the location of the driveway and entrance be designed to buffer noises and impacts to the adjacent residences. He did in fact look at relocating the entrance to the south from both a design and operational standpoint, but it simply did not work and in fact created more problems than the current design. He feels there will not be a noise impact with the entrance at the current location. He further stated they conducted a noise analysis, which concluded that even without physical barriers, the noise levels created by this development meet all the City noise standards. Mr. Hofman commented that the design includes, at the hotel lobby entrance, a seven foot high berm with a six foot high wall above that. With this design, it further mitigates any potential noise impacts. Mr. Hofman distributed a letter to the Commission from Wieland Acoustics, noise consultants, that responds to the noise impacts raised in the letter from Wayne Brechtel, and further stated he does not feel there will be noise impacts with this project. Commissioner Whitton asked Mr. Hofman about the line of sight for lighting for the project. Mr. Hofman said the City requires all lights to be directed downward. Commissioner Whitton clarified that he was asking about automobile lights. Mr. Hofman stated the driveway to the hotel lobby is one-way so that the cars will enter the driveway and the headlights will be directed away from the adjacent homes. Chairperson Montgomery asked about flipping the design and the issues with that. Mr. Hofman stated the masses of the units would be to the north but mainly because of the grade differential it took too much of the land. It would require more massing of units to the north to achieve the same number of units. Commissioner Dominguez inquired if the porte cochere cover could be extended over the driveway and if a wall could be built at the end. He feels that this would help with the noise and lighting impacts. Mr. Planning Commission Minutes May 6,2009 Page 7 Hofman stated the problem would be that the openness of the entry would be cut out and would make it more tunnel-like. Commissioner Douglas asked if the berm could be bigger in the entrance area. Mr. Hofman stated that could be done but the higher the berm gets, you will need to chase the grade towards the street. He suggested adding a foot to the wall on top of the berm. Commissioner Douglas asked if adding the extra foot would help shield the lights from the cars parked at the entry. Mr. Hofman stated the cars will be heading away from the houses when they enter the driveway. Chairperson Montgomery pointed out there are temporary parking spots on each side of the wall where the car headlights would be directed right to the residences. He asked if the full area of the temporary parking could be screened or otherwise screened from the headlights. Mr. Hofman stated he would have no problem in doing that or even adding landscaping to screen those temporary parking spots. Mr. Canepa stated he would be willing to accommodate the screening walls and that the approval of such could be left to the discretion of the Planning Director. Bob Moore, general manager of the Hilton Carlsbad Garden Inn, addressed the Commission regarding the hotel use, in particular when guests would be checking in and checking out. Commissioner Douglas asked about the improvements to Ponto Drive once the hotel is open. Mr. Van Peski stated through the project, Ponto Drive will be widened to allow for the median and all the new improvements to be installed, and to the south of the project it will only be partially improved and not to the Vision Plan standards. Commissioner Douglas inquired as to what type of landscaping or other improvements could be done to the median along Ponto Drive through the project site to help reduce the noise and light impacts even further. Mr. Van Peski stated that landscaping is not a great noise barrier, and the median is actually 7 feet below the top of the berm, there really would not be anything that can be done within the median. Commissioner Douglas asked if the median would act as a traffic calming device. Mr. Van Peski stated that was correct. Chairperson Montgomery asked if there is a proper parapet height or screening in the parking structure so that when cars are parking headlights are not directed in any particular direction. Mr. Westman stated there is a parapet on the upper level of the parking structure which is at a minimum 4 feet high, and at some points higher. Chairperson Montgomery asked about the landscaping between the parking structure and the RV Storage lot. Mr. Westman stated there is a 2:1 slope from the pad of the RV storage lot down to the parking structure where there would be landscaping. Chairperson Montgomery inquired about the size of the trees that will be planted. Mr. Westman stated the trees will be about four 36-inch and 48-inch box trees. Chairperson Montgomery asked if Mr. Westman feels there is enough tree placement in that area to properly screen the northerly elevation of the parking structure, and if not, could the Commission propose that more trees be planted. Mr. Westman stated there is always an opportunity through the plancheck process if it is there as a condition to have the landscape plan reviewed and analyzed. The Staff Landscape Architect can work with the Planning Director to determine the proper number of trees that would provide the desired canopy for screening. Mr. Westman stated it would ultimately be at the discretion of the Planning Director. Commissioner Douglas asked the Housing and Redevelopment Director, Debbie Fountain, about the redevelopment area and when it runs out. Ms. Fountain stated it has a 30 year term for effectiveness. Commissioner Douglas asked the following questions: how much money the Redevelopment Agency will receive for renovating the area, how the property values in the area will be affected if the hotel is built, how much revenue the Redevelopment Agency will receive from the increase in property values, if any of the money would be used towards the realignment of Carlsbad Boulevard or towards the development of the linear park as proposed in the Vision Plan, what percentage of the City's general fund comes from the Transient Occupancy Tax (TOT), how much the City generated in 2008 in TOT. Ms. Fountain gave a detailed explanation of the redevelopment funds as well as the revenue benefits of this project. Planning Commission Minutes May 6,2009 Page 8 Chairperson Montgomery asked about the Redevelopment District and the realignment of Carlsbad Boulevard. Ms. Fountain gave a detailed explanation regarding the realignment of Carlsbad Boulevard. Chairperson Montgomery inquired about beach access. Ms. Fountain stated that once they move towards design of the Carlsbad Boulevard Realignment those ideas would be discussed. Commissioner Douglas asked about the difference between having the Redevelopment Area and tax money that is being received versus not having a Redevelopment Area. Ms. Fountain stated it is really a reapportionment of tax revenues that come in and further explained the difference. Commissioner Whitton suggested the questions are now far beyond the scope of what the Commission is to be discussing for this project. DISCUSSION Commissioner Baker stated it is not incumbent upon the Commission to redesign the project. She does agree with some of the minor changes, such as the additional length of wall to hide headlights, enhancing the berm, and additional landscaping, all of which can be referred to the Planning Director when they are proposed. She appreciates the residents' concerns but feels reality will be far less than what is anticipated. She further stated the applicant has designed a good project and has worked hard to address the neighbors' concerns, and feels that anything else the Commission can do to mitigate noise or lights with the use of berms and walls should be taken. Commissioner Cardosa stated this is a delicate project and feels the applicant has done their due diligence with regards to the concerns of the residents of Hanover Beach Colony. He feels the addition of walls to shelter headlights at the temporary parking area at the entrance as well as enhanced landscaping will help with the residents' concerns. Commissioner Whitton feels this is a great project and is comfortable with the current design. Commissioner Boddy stated the applicant has followed the direction from the City in terms of coming up with mitigation measures for the project. She would agree with the suggestions of her fellow Commissioners with the additions of walls and berms in the temporary parking area. She noted that submitting letters after business hours is not fair to the applicant nor to the Commission and ultimately to the public. Commissioner Dominguez stated his concurrence with his fellow Commissioners. Commissioner Douglas stated she really likes the fact that the Beach Grill will be open to the public, and she also agrees with her fellow Commissioners regarding the addition of the berms and walls to the temporary parking area at the hotel entrance. Chairperson Montgomery stated he likes the transitional architecture between the project and the adjacent neighborhood. He stated he appreciates the design of the project. 123 Planning Commission Minutes May 6, 2009 Page 9 MOTION ACTION: VOTE: AYES: NOES: Motion by Commissioner Douglas, and duly seconded, that the Planning Commission determine that the project is within the scope of the previously certified Ponto Beachfront Village Vision Plan Program Environmental Impact Report EIR 05- 05 and adopt Planning Commission Resolutions No. 6555 and 6559 recommending approval of Redevelopment Permit RP 05-11 and Redevelopment Coastal Development Permit CDP 09-04 and adopt Planning Commission Resolutions No. 6556 and 6558 approving Site Development Plan SDP 05-14 and Coastal Development Permit CDP 05-43 based on the findings and subject to the conditions contained therein including modifying Resolution No. 6556, Conditions No. 17 and 20 to address the concerns of the Planning Commission specifically additional berms and walls at the temporary parking area at the hotel lobby entrance and any additional tree planting along the northern elevation of the parking garage per the Planning Director's discretion. 7-0 Chairperson Montgomery, Commissioner Baker, Commissioner Boddy, Commissioner Cardosa, Commissioner Dominguez, Commissioner Douglas and Commissioner Whitton None ABSENT: None ABSTAIN: None Chairperson Montgomery closed the public hearing on Agenda Item 4 and thanked Staff for their presentations. COMMISSION COMMENTS None. PLANNING DIRECTOR COMMENTS Mr. Neu stated that the regular meeting of May 20, 2009 has been canceled. CITY ATTORNEY COMMENTS None. ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of May 6, 2009, was adjourned at 8:27 p.m. DON NEU Planning Director Bridget Desmarais Minutes Clerk This space is for the County Clerk's Filing Stamp PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times- Advocate and which newspapers have been 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: July 10™, 2009 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at OCEANSIDE, California •\ On ifhis 13th, day oM Proof of Publication of NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that theHousing and Redevelopment Commission of theCity of Carlsbad will hold a public hearing at the CouncilChambers 1200 Carlsbad Village Drive, Carlsbad, Cali-fornia, at 6:00 p.m. on Tuesday, July 21 < 2009, to con-sider a determination that the project is within the scopeof the previously certified Ponto Beachfront Village Vi-sion Plan Program Environmental Impact Report EIR05-05 and thai the Program EIR adequately describesthe activities for the purposes of CEQA and to considerapproval of Redevelopment Permit RP 05-11 and Rede-velopment Coastal Development Permit CDP 09-04 todevelop a 215 room, three-story hotel with 10,385square feet of conference space, a 5,100 square foot dayspa, a 5,100 square foot restaurant, a two-story parkingstructure, a basement garage, and an outdoor swimmingpool on 8.01 acres of land generally located south ofPonto Drive and east of Carlsbad boulevard in local fa-cilities management zone 22. and more particularlydescribed as: All that portion of the south 2/3rds of Lot 4 (south-east quarter of the southeast quarter) of Section 29,Township 12 South, Range 4 West, San BernardinoMeridian in the County ot San Diego, State of Cali-fornia according to official plat thereof and excludingthe parcel described as Assessor's Parcel Number214-590-04-00 Those persons wishing to speak on this proposal arecordially invited to attend the public hearing. Copies ofthe agenda bill will be available on and after July17,2009. If you have any guestions, please call ChnsterWestman in the Planning Department at (760) 602-4614. If you challenge the Redevelopment Permit and/or Re-development Coastal Development Permit in court, youmay be limited to raising only those issues you or some-one else raised at the public hearing described in thisnotice or in written correspondence delivered to the Cityof Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Vil-lage Drive, Carlsbad, CA 92008, at or prior to the publichearing. CASE FILE: HILTON CARLSBAD BEACH RESORTCASE NAME:RP 05-11/CDP 09-04PUBLISH: July. 10, 2009 NCT 2220918.CITY OF CARLSBADHOUSING AND REDEVELOPMENT COMMISSION JaneAwiouse NORTH COUNTY TIMES Legal Advertising LAKESHORE GARDENS MOBILE HOME PARK SITEMAP NOT TO SCALE HILTON CARLSBAD BEACH RESORT RP 05-11 /CDP 09-04 Use Avery® TEMPLATE 5160® CARLSBAD UNIF SCHOOL DIST 6225 EL CAMINO REAL CARLSBAD CA 92011 Paper see instruction ineet for Easy Peel Feature^ SAN MARCOS SCHOOL DISTRICT STE 250 255 PICO AVE SAN MARCOS CA 92069 IAVERY®5160® ENCINITAS SCHOOL DISTRICT 101 RANCHO SANTA FE RD ENCINITAS CA 92024 SAN DIEGUITO SCHOOL DISTRICT 701 ENCINITAS BLVD ENCINITAS CA 92024 LEUCADIA WASTE WATER DIST TIM JOCHEN 1960 LA COSTA AVE CARLSBAD CA 92009 OLIVENHAIN WATER DISTRICT 1966OLIVENHAINRD ENCINITAS CA 92024 CITY OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 CITY OF VISTA 600 EUCALYPTUS AVE VISTA CA 92084 VALLECITOS WATER DISTRICT 201 VALLECITOS DE ORO SAN MARCOS CA 92069 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 CALIF DEPT OF FISH & GAME 4949 VIEWRIDGE AV SAN DIEGO CA 92123 REGIONAL WATER QUALITY STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 SD COUNTY PLANNING STEB 5201 RUFFIN RD SAN DIEGO CA 92123 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 AIR POLLUTION CONTROL DISTRICT 10124 OLD GROVE RD SAN DIEGO CA 92131 SANDAG STE 800 401 B STREET SAN DIEGO CA 92101 U.S. FISH & WILDLIFE 6010 HIDDEN VALLEY RD CARLSBAD CA 92011 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 ATTN TEDANASIS SAN DIEGO COUNTY AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 CARLSBAD CHAMBER OF COMMERCE 5934 PRIESTLEY DR CARLSBAD CA 92008 CITY OF CARLSBAD PUBLIC WORKS/ENGINEERING DEPT- PROJECT ENGINEER CITY OF CARLSBAD PROJECT PLANNER SCOTT MOLLOY - BIASD STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 Etiquettes faciles a peter Utilisez le gabarit AVERY® 5160®Sens de chargement Consultez la feuille d'instruction www.avery.com 1-800-GO-AVERY ! Utilisezl B| ®09 IS SALDIVAR 377 WARHURST AVE SWANSEA, 1*A 02777-3413 KJK GROUP I L L C 3972 GEORGETOWN CT NW WASHINGTON, DC 20007-2127 VIRGINIA B COOPER 300 N MARION ST OLATHE, KS 66061-3107 CHANTAL L CUTTER PO BOX 140156 IRVING, TX 75014-0156 L S F 5 CARLSBAD HOLDINGS L I 717 N HARWOOD ST 2100 DALLAS, TX 75201-6502 FREESMEYER 5150 N 24TH ST PHOENIX, AZ 85016-3517 JOSEPH C & JUDITH CATTANEO 4530 E SHEA BLVD 100 PHOENIX, AZ 85028-6066 R FELLER PO BOX 50302 PHOENIX, AZ 85076-0302 JASON J & MICHELIN ABRAHAMSEI 2918 N 67TH PL SCOTTSDALE, AZ 85251-6002 MARK A BURNS 12665 N 103RD PL SCOTTSDALE, AZ 85260-4606 DABBERT 10955 IRIS CANYON LN LAS VEGAS, NV 89135-1720 RICHARD & GEMMA WULFF 305 BAYSWATER CT LAS VEGAS, NV 89145-8667 ARTHUR C & SHARON KNOWLES 431 V; FOOTHILL BLVD ARCADIA, CA 91006-2213 STACEE BEAUCHAMP 4158 ELM VIEW DR ENCINO, CA 91316-4401 LAKESHORE GARDENS PROPERTY L 18915 NORDHOFF ST 5 NORTHRIDGE, CA 91324-3790 CARRIE_B CARNEY 33370 TRAIL RANCH RD AGUA DULCE, CA 91390-3463 JOHN M PINNOW 1823 N SCREENLAND DR BURBANK, CA 91505-1440 STANDARD PACIFIC CORP 5750 FLEET ST 200 CARLSBAD, CA 92008-0023 W L HOMES L L C DBA WATT HOMI 1917 PALOMAR OAKS WAY 200 CARLSBAD, CA 92008-5513 W L 3S L L C 1917 PALOMAR^3&I£S WAY 200 CARLSBAD, CA 9200! KENNETH F & KATHRYN KOCH 3939 MONROE ST CARLSBAD, CA 92008-2737 DALE L & DONNA SCHREIBER 7163 ARGONAUTA WAY CARLSBAD, CA 92009-6507 GALLO TR 522 DEW POINT AVE CARLSBAD, CA 92009-2293 JURGEN & LINDSEY SCHULZ 7037 LEEWARD ST CARLSBAD, CA 92009-1039 MAGAR 6939 TRADEWINDS DFR CARLSBAD, CA 92009-3226 MICHAEL R HAWKINS 6438 TERRAZA PORTICO CARLSBAD, CA 92009-3045 TRAVIS BURLESON 6825 JADE LN CARLSBAD, CA 92009-1717 LE THAO D 7296 CIRCULO PAPAYO CARLSBAD, CA 92009-8698 7 cg)09LS GREGORIO G & LUZ ALCARAZ 7244 PONTO DR CARLSBAD, CA 92011-4601 -AM3AV-O9-008-L jedej peej DUST AC IA YANEZ 7264 PONTO DR CARLSBAD, CA 92011-4601 ®09LS. j Utilisez |ad f SALVATORE A & DENISE BARONE 7346 PORTAGE WAY CARLSBAD, CA 92011-4670 DIVITA 7348 PORTAGE WAY CARLSBAD, CA 92011-4670 SHERRIE L CAUDLE 7385 SEAFARER PL CARLSBAD, CA 92011-4674 MAGAS 7379 SEAFARER PL CARLSBAD, CA 92011-4674 JOHN A & HIDEMI FOWLER 7373 SEAFARER PL CARLSBAD, CA 92011-4674 MICHAEL & HEATHER FERRANTE 7367 SEAFARER PL CARLSBAD, CA 92011-4674 LARRY D GELLER 7361 SEAFARER PL CARLSBAD, CA 92011-4674 ROBERT J MI RON 7357 SEAFARER PL CARLSBAD, CA 92011-4674 DANIEL R & CORA SALMONSEN 517 DEW POINT AVE CARLSBAD, CA 92011-4669 BRETT E & NATALIE WILLARD 519 DEW POINT AVE CARLSBAD, CA 92011-4669 ALBERT S & JEAN HALL 505 DEW POINT AVE CARLSBAD, CA 92011-4669 TIMOTHY E BRONKHURST 503 DEW POINT AVE CARLSBAD, CA 92011-4669 ROSS J COHEN 7349 SEAFARER PL CARLSBAD, CA 92011-4673 CHRISTOPHER J & TAMARA KAPAN 7345 SEAFARER PL CARLSBAD, CA 92011-4673 MICHAEL R & CHERIE MCLARTY 7337 SEAFARER PL CARLSBAD, CA 92011-4673 SABIN 7333 SEAFARER PL CARLSBAD, CA 92011-4673 DALE E & RUTH ORDAS *M* 7325 SEAFARER PL CARLSBAD, CA 92011-4673 JACK & CAROL TREFRY 7321 SEAFARER PL CARLSBAD, CA 92011-4673 DANIEL WAY 7323 SEAFARER PL CARLSBAD, CA 92011-4673 BRIAN T WHIFFIN 504 DEW POINT AVE CARLSBAD, CA 92011-4668 EDWARD T & JO APPLEGATE 516 DEW POINT AVE CARLSBAD, CA 92011-4668 FEMRITE 518 DEW POINT AVE CARLSBAD, CA 92011-4668 HELEN M PATTERSON 532 DEW POINT 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RAMIREZ 7063 WHITEWATER ST CARLSBAD, CA 92011-5435 BECHTLOFF 7056 WHITEWATER ST CARLSBAD, CA 92011-5434 KAPNER 7064 WHITEWATER ST CARLSBAD, CA 92011-5434 DAVID & JENIFER ZOUTENDYK 7072 WHITEWATER ST CARLSBAD, CA 92011-5434 OCONNELL 7076 WHITEWATER ST CARLSBAD, CA 92011-5434 PAUL J & CINDY VADNAIS 7111 LEEWARD ST CARLSBAD, CA 92011-5433 SUSAN K WRENN 7095 LEEWARD ST CARLSBAD, CA 92011-5431 W & MARTHA LEEPER 7085 LEEWARD ST CARLSBAD, CA 92011-5431 NGUYEN TAP VAN&LUU LOAN KIM 7081 LEEWARD ST ' CARLSBAD, CA 92011-5431 TERRY LOWE 7082 LEEWARD ST CARLSBAD, CA 92011-5430 MICHAEL & KENDRA BISHOP 7086 LEEWARD ST CARLSBAD, CA 92011-5430 KEVIN F & THEODORE WILLIAMS 7090 LEEWARD ST CARLSBAD, CA 92011-5430 MARK A SMITH 7094 LEEWARD ST CARLSBAD, CA 92011-5430 JEFFREY T ADAMS 7098 LEEWARD ST CARLSBAD, CA 92011-5430 NOREEN A SMITH. 7106 LEEWARD ST CARLSBAD, CA 92011-5432 LORI HARTIGAN 7114 LEEWARD ST CARLSBAD, CA 92011-5432 MICHAEL S & LORI MASTRES 7118 LEEWARD ST CARLSBAD, CA 92011-5432 CONNOLLY *M* 7122 LEEWARD ST CARLSBAD, CA 92011-5432 BRENDAN HICKMAN 7126 LEEWARD ST CARLSBAD, CA 92011-5432 ROBERT M LIPSEY 7130 LEEWARD ST CARLSBAD, CA 92011-5432 BOURIS INVESTMENTS 7047 WHITEWATER ST CARLSBAD, CA 92011-5435 7AMiAV-OD-008-l CHENOWETH 7035 WHITEWATER ST CARLSBAD, CA 92011-5435 ®091Sr WILLIAMS 7036 WHITEWATER ST CARLSBAD, CA 92011-5434 DANIEL J BRUTON 7040 WHITEWATER ST CARLSBAD, CA 92011-5434 WENTZ 7044 WHITEWATER ST CARLSBAD, CA 92011-5434 SANDOW 7077 LEEWARD ST CARLSBAD, CA 92011-5431 DANIEL A & YVONNE LARA 7069 LEEWARD ST CARLSBAD, CA 92011-5431 LIAM P & SANDRA FERGUSON 7065 LEEWARD ST CARLSBAD, CA 92011-5431 TEDD BYER 7066 LEEWARD ST CARLSBAD, CA 92011-5430 WILLIAM G & NANCY CLODFELTER 7070 LEEWARD ST CARLSBAD, CA 92011-5430 ANDREWS 7074 LEEWARD ST CARLSBAD, CA 92011-5430 CRAIG & ANN DUNN 7078 LEEWARD ST CARLSBAD, CA 92011-5430 GANZ 7057 LEEWARD ST CARLSBAD, CA 92011-5431 JEFFREY R FRITZ 7053 LEEWARD ST CARLSBAD, CA 92011-5431 DANIEL M & NEDRA FABITO 7041 LEEWARD ST CARLSBAD, CA 92011-5431 JURGEN & LINDSEY SCHULZ 7037 LEEWARD ST CARLSBAD, CA 92011-5431 PATRICIA LUTZ 612 SAND SHELL AVE CARLSBAD, CA 92011-3259 ZAGROUS NASIRPOUR 7038 LEEWARD ST CARLSBAD, CA 92011-5430 MARK E WEBER 7042 LEEWARD ST CARLSBAD, CA 92011-5430 P & KATHY COLLINS 7058 LEEWARD ST CARLSBAD, CA 92011-5430 ERIC GUENETTE 7062 LEEWARD ST CARLSBAD, CA 92011-5430 LISA LARKIN 1006 SAGEBRUSH RD CARLSBAD, CA 92011-3974 FARRELL 13811 NOB AVE DEL MAR, CA 92014-3061 PAUL W & LINDA ADDISON *M* 1175 SOLANA DR DEL MAR, CA 92014-3907 MARC MCGUIRE PO BOX 230850 ENCINITAS, CA 92023-0850 WAVE CREST RESORTS L L C II 828 2ND ST ENCINITAS, CA 92024-4408 WAVE RESORTS L L C II 829 2ND ST A ENCINITAS, CA 92024-4470 RESORTS L L C II 828 2ND ST ENCINITAS, CA 92024-4408 WAVE RESORTS L L C II 829 2ND ST A ENCINITAS, CA 92024-4470 WAVE ORTS L L C II 829 2ND ST ENCINITAS, CA 92024-4470 CHAPPEE 654 N COAST HIGHWAY 101 ENCINITAS, CA 92024-2044 BART & PEGGY NEGLIA 3445 VIA MONTEVERDE ENCINITAS, CA 92024-6680 r BwniiJd eajd qf5flBQJ&|Mie iudn-do<j i ; ap u;je %inipei| e\ i 1-800-G9-AM§RY ESS REALTY LTD PARTNERSHIP II 260 W CREST ST C ESCONDIDO, CA 92025-1716 LLOYD 626 LOWER SPRINGS RD FALLBROOK, CA 92028-8189 MICHAEL W & PAMELA GALLO *M* PO BOX 962 JULIAN, CA 92036-0962 ANTHONY & MELODY PECK 603 SEAGAZE DR 777 OCEANSIDE/ CA 92054-3005 CURTIS L & THERESA NOVY PO BOX 673 RANCHO SANTA , CA 92067-0673 VICTOR E & JUDY RAMIREZ PO BOX 1255 SOLANA BEACH, CA 92075-7255 US BANK NA 2007-1 TR 7485 NEW HORIZON WAY 3 VISTA, CA 92081 VICKY MANN 777 6TH AVE 233 SAN DIEGO, CA 92101-7073 YOUNG & CHO-KYOUNG CHOI 200 HARBOR DR 1102 SAN DIEGO, CA 92101-6853 GREGORY J & DEBBIE HOFMAN 4973 CANTERBURY DR SAN DIEGO, CA 92116-2106 JEFFREY T & SARAH JONES 2656 W CANYON AVE SAN DIEGO, CA 92123-4684 EASTON 5458 CAMINITO VISTA LUJO SAN DIEGO, CA 92130-2861 MCDANIEL 14086 CAMXNITO VISTANA SAN DIEGO, CA 92130-3719 GRACE LU 10731 TREENA ST 104 SAN DIEGO, CA 92131-1040 MARGARET M ATMORE PO BOX 33241 SAN DIEGO, CA 92163-3241 NANCY B MACLEAN 39350 VIA MONTERO MURRIETA, CA 92563-5572 J P MORGAN ALTERNATIVE 2007-J 34544 CALLE PORTOLA CAPISTRANO BE, CA 92624-1044 XUAN D NGUYEN 567 TRAVERSE DR COSTA MESA, CA 92626-3116 ARLENE HAZELRIGG 5 VISTA LUCI NEWPORT COAST, CA 92657-1400 TAMAR NAZARIAN 31776 VIA COYOTE GOTO DE CAZA, CA 92679-4T05 STUART BECKER 213 VIA TRINITA APTOS, CA 95003-5848 MICHAEL H & JOAN PALLEY 320 NEBBIOLO CT EL DORADO HIL, CA 95762-7712 JAMES W & SHARON ELLISON 3351 KILAUEA AVE HONOLULU, HI 96816-2164 BIRD 6191 SW WILHELM RD TUALATIN, OR 97062-7734 Printed *** ®(ms ©AII3AV^na ,i. c rav A xlsrkw AH3AV-O9-008-1 'e }3 ®091S -*.n-OTIU wr •»-««»»«= > iCB ri II111119 CURRENT PONTO DR CARLSBAD, CA 92009 CURRENT-i^SSIDENT PONTO DR CARLSBAD, CA 92009 CURRENTRfiSI DENT CARLSBAD BIA CARLSBAD, CA 92005 CURRENT RESIDENT 7201 AVENIDA ENCINAS CARLSBAD, CA 92011-4642 CURRENT RESIDENT 7238 PONTO DR CARLSBAD, CA 92011-4738 CURRENT RESIDENT 7244 PONTO DR CARLSBAD, CA 92011-4601 CURRENT RESIDENT 7248 PONTO DR CARLSBAD, CA 92011-4601 CURRENT RESIDENT 7250 PONTO DR CARLSBAD, CA 92011-4601 CURRENT RESIDENT 7270 PONTO DR CARLSBAD, CA 92011-4601 CURRENT RESIDENT 7200 PONTO DR CARLSBAD, CA 92011-4644 CURRENT RESIDENT 7250 PONTO DR CARLSBAD, CA 92011-4601 CURRENT RESIDENT 7258 PONTO DR CARLSBAD, CA 92011-4601 CURRENT RESIDENT 7264 PONTO DR CARLSBAD, CA 92011-4601 CURRENT RESIDENT 7294 PONTO DR CARLSBAD, CA 92011-4601 CURRENT RESIDENT 7075 WHITEWATER ST CARLSBAD, CA 92011-5435 CURRENT RESIDENT 7071 WHITEWATER ST CARLSBAD, CA 92011-5435 CURRENT RESIDENT 7067 WHITEWATER ST CARLSBAD, CA 92011-5435 CURRENT RESIDENT 7063 WHITEWATER ST CARLSBAD, CA 92011-5435 CURRENT RESIDENT 7059 WHITEWATER ST CARLSBAD, CA 92011-5435 CURRENT RESIDENT 7055 WHITEWATER ST CARLSBAD, CA 92011-5435 CURRENT RESIDENT 7051 WHITEWATER ST CARLSBAD, CA 92011-5435 CURRENT RESIDENT 7052 WHITEWATER ST CARLSBAD, CA 92011-5434 CURRENT RESIDENT 7056 WHITEWATER ST CARLSBAD, CA 92011-5434 CURRENT RESIDENT 7060 WHITEWATER ST CARLSBAD, CA 92011-5434 CURRENT RESIDENT 7064 WHITEWATER ST CARLSBAD, CA 92011-5434 CURRENT RESIDENT 7068 WHITEWATER ST CARLSBAD, CA 92011-5434 CURRENT RESIDENT 7072 WHITEWATER ST CARLSBAD, CA 92011-5434 CURRENT RESIDENT 7076 WHITEWATER ST CARLSBAD, CA 92011-5434 CURRENT RESIDENT 7111 LEEWARD ST CARLSBAD, CA 92011-5433 afin de oo-Un™ CURRENT RESIDENT 7107 LEEWARD ST CARLSBAD, CA 92011-5433 aOldPJ afioirvac a • vv vv vv«a vcri y.u Bendfljg0a.|fflQ.^v. expose Pop-Op sage™ CURRENT RESIDENT 7103 LEEWARD ST CARLSBAD, CA 92011-5433 CURRENT RESIDENT 7099 LEEWARD ST CARLSBAD, CA 92011-5431 CURRENT RESIDENT 7095 LEEWARD ST CARLSBAD, CA 92011-5431 CURRENT RESIDENT 7089 LEEWARD ST CARLSBAD, CA 92011-5431 CURRENT RESIDENT 7085 LEEWARD ST CARLSBAD, CA 92011-5431 CURRENT RESIDENT 7081 LEEWARD ST CARLSBAD, CA 92011-5431 CURRENT RESIDENT 7082 LEEWARD ST CARLSBAD, CA 92011-5430 CURRENT RESIDENT 7086 LEEWARD ST CARLSBAD, CA 92011-5430 CURRENT RESIDENT 7090 LEEWARD ST CARLSBAD, CA 92011-5430 CURRENT RESIDENT 7094 LEEWARD ST CARLSBAD, CA 92011-5430 CURRENT RESIDENT 7098 LEEWARD ST CARLSBAD, CA 92011-5430 CURRENT RESIDENT 7102 LEEWARD ST CARLSBAD, CA 92011-5432 CURRENT RESIDENT 7106 LEEWARD ST CARLSBAD, CA 92011-5432 CURRENT RESIDENT 7110 LEEWARD ST CARLSBAD, CA 92011-5432 CURRENT RESIDENT 7114 LEEWARD ST CARLSBAD, CA 92011-5432 CURRENT RESIDENT 7118 LEEWARD ST CARLSBAD, CA 92011-5432 CURRENT RESIDENT 7122 LEEWARD ST CARLSBAD, CA 92011-5432 CURRENT RESIDENT 7126 LEEWARD ST CARLSBAD, CA 92011-5432 CURRENT RESIDENT 7130 LEEWARD ST CARLSBAD, CA 92011-5432 CURRENT RESIDENT 7134 LEEWARD ST CARLSBAD, CA 92011-5432 CURRENT RESIDENT 7047 WHITEWATER ST CARLSBAD, CA 92011-5435 CURRENT RESIDENT 7043 WHITEWATER ' ST "' CARLSBAD, CA 92011-5435 CURRENT RESIDENT 7039 WHITEWATER ST CARLSBAD, CA 92011-5435 CURRENT RESIDENT 7035 WHITEWATER ST CARLSBAD, CA 92011-5435 CURRENT RESIDENT 7036 WHITEWATER ST CARLSBAD, CA 92011-5434 CURRENT RESIDENT 7040 WHITEWATER ST CARLSBAD, CA 92011-5434 CURRENT RESIDENT 7044 WHITEWATER ST CARLSBAD, CA 92011-5434 CURRENT RESIDENT 7077 LEEWARD ST CARLSBAD, CA 92011-5431 CURRENT RESIDENT 7073 LEEWARD ST CARLSBAD, CA 92011-5431 AM3AV-OD-008H CURRENT RESIDENT 7069 LEEWARD ST CARLSBAD, CA 92011-5431 wa>maj\e-AA/v\M Replies ^^|nj^jra afin de ! ap;dej a6eq3as e \s 9BmtaaqwaDm\ssatd\u\ Feed Paper expose fcoe0P3d9AVER;]jr CURRENT RESIDENT 7065 LEEWARD ST CARLSBAD, CA 92011-5431 CURRENT RESIDENT 7066 LEEWARD ST CARLSBAD, CA 92011-5430 CURRENT RESIDENT 7070 LEEWARD ST CARLSBAD, CA 92011-5430 CURRENT RESIDENT 7074 LEEWARD ST CARLSBAD, CA 92011-5430 CURRENT RESIDENT 7078 LEEWARD ST CARLSBAD, CA 92011-5430 CURRENT RESIDENT 7105 WHITEWATER ST CARLSBAD, CA 92011-5437 CURRENT RESIDENT 7101 WHITEWATER ST CARLSBAD, CA 92011-5437 CURRENT RESIDENT 7097 WHITEWATER ST CARLSBAD, CA 92011-5435 CURRENT RESIDENT 7087 WHITEWATER ST CARLSBAD, CA 92011-5435 CURRENT RESIDENT 7083 WHITEWATER ST CARLSBAD, CA 92011-5435 •CURRENT RESIDENT 7079 WHITEWATER ST CARLSBAD, CA 92011-5435 CURRENT RESIDENT 7080 WHITEWATER ST CARLSBAD, CA 92011-5434 CURRENT RESIDENT 7084 WHITEWATER ST CARLSBAD, CA 92011-5434 CURRENT RESIDENT 7088 WHITEWATER ST CARLSBAD, CA 92011-5434 CURRENT RESIDENT 7096 WHITEWATER ST CARLSBAD, CA 92011-5434 CURRENT RESIDENT 7100 WHITEWATER ST CARLSBAD, CA 92011-5436 Printed *** CURRENT RESIDENT 7104 WHITEWATER ST CARLSBAD, CA 92011-5436 California Coastal Commission Attn: Toni Ross Suite 103 7575 Metropolitan Drive San Diego, C A 92108-4402 / Felicia C. Brechtel 462 Stevens Ave., Ste. 102 Solana Beach, CA 92075 CURRENT RESIDENT 7108 WHITEWATER ST CARLSBAD, CA 92011-5436 SD County Dept. of Planning Suite B 5201 Ruffm Rd. San Diego, C A 92 123 A notice has b^en, mailed to, ?;!! property ownei's/occiipivnts :'isi8d herein. Signature ;, afin de op-Up™ ®09 pue uier i \V WORDEN WILLIAMS ARC Representing Public Agencies, Private Entities, and Individuals NOV 07 2005 November 4, 2005 Debbie Fountain Housing and Redevelopment Commission City of Carlsbad 2965 Roosevelt Street, Suite B Carlsbad, California 92008 Re: Hilton Carlsbad Beach Resort and Spa SDP 05-14/CDP 05-43/EIR 05-03/RP 05-11 Dear Ms. Fountain: Please place this office on the mailing list to receive all public notices regarding the above Project, its EIR, and any of its related permits. Thank you, in advance, for your attention to this matter. Very truly yours, WORDEN WILLIAMS, APC/ Felicia C. Brechtel, Land Use Paralegal fcb @ wordenwilliams. com FCB:lg JUN 2 3 2009 CITY OF CARLSBAD CITY CLERK'S OFFICE AREAS OF PRACTICE PUBLIC AGENCY LAND USE AND ENVIRONMENTAL REAL ESTATE PERSONAL IN|URY ESTATE PLANNING AND ADMINISTRATION CIVIL LITIGATION ATTORNEYS TRACY R. RICHMOND D. WAYNE BRECHTEL TERRY J. KILPATRICK TERRY M. GIBBS MALINDA R. DICKENSON MICHAEL B. FURMAN, LL.M. Of Counsel D. DWIGHT WORDEN Of Counsel W. SCOTT WILLIAMS Of Counsel OFFICE 462 STEVENS AVENUE SUITE 102 SOLANA BEACH CALIFORNIA 92075 (858) 755-6604 TELEPHONE (858) 755-5198 FACSIMILE www.wordenwilliams.com NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the Housing and Redevelopment Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, July 21, 2009, to consider a determination that the project is within the scope of the previously certified Ponto Beachfront Village Vision Plan Program Environmental Impact Report EIR 05-05 and that the Program EIR adequately describes the activities for the purposes of CEQA and to consider approval of Redevelopment Permit RP 05-11 and Redevelopment Coastal Development Permit CDP 09-04 to develop a 215 room, three-story hotel with 10,385 square feet of conference space, a 5,100 square foot day spa, a 5,100 square foot restaurant, a two-story parking structure, a basement garage, and an outdoor swimming pool on 8.01 acres of land generally located south of Ponto Drive and east of Carlsbad boulevard in local facilities management zone 22. and more particularly described as: All that portion of the south 2/3rds of Lot 4 (southeast quarter of the southeast quarter) of Section 29, Township 12 South, Range 4 West, San Bernardino Meridian in the County of San Diego, State of California according to official plat thereof and excluding the parcel described as Assessor's Parcel Number 214-590-04-00 Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after July 17, 2009. If you have any questions, please call Christer Westman in the Planning Department at (760) 602-4614. If you challenge the Redevelopment Permit and/or Redevelopment Coastal Development 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: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: HILTON CARLSBAD BEACH RESORT CASE NAME: RP 05-11/CDP 09-04 PUBLISH: July 10, 2009 CITY OF CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION RP 05-11/CDP 09-04 AT & SF RR CARLSBAD BLPONTO DRSAN LU IS CARLSBAD STATE BEACH DYSAN LUCAS PONTO RD SEAFA RER PLSANTA B A RB ARA LEE WARD STSAN MIGUEL ANCHORAGE AV RP 05-11 / SDP 05-14 / CDP 05-43 / CDP 09-04 HILTON CARLSBAD BEACH RESORT AND SPA SITE MAP E L C A MINO REAL LA COSTA AVCOLLEGE BLCARLSBAD B L AVI A RA PY MELROSE DR AT & SF RR CARLSBAD BLSAN LU IS PONTO DRCARLSBAD STATE BEACH DY SA N T A B A R B A R A SAN LUCAS PONTO RD SEAFARER PLLEEWARD STWHITEWATER ST SANTA ROSA SA N B E N I T O SANTA C R U Z 0 200 400100 Feet RP 05-11 / SDP 05-14 CDP 05-43 / CDP 09-04 HILTON CARLSBAD BEACH RESORT AND SPA •215 hotel rooms •10,385 sq.ft. conference space •5,100 sq.ft. day spa •5,100 sq.ft. restaurant •949 sq.ft. grill •Outdoor Swimming Pool •Parking structure and Basement •268 parking stalls / 81 parking stalls •Surface parking •8 at Lobby / 38 at south end •15% reduction for common facilities •Total: 395 parking stalls •Craftsman Architectural Elements •Exposed Rafter Tails and Roof Brackets •Extended Eaves •Contrasting Window Frames •Horizontal Shiplap and Shingle Siding •Stone Veneer •Wrought Iron Balcony Railing •Laminated Shingle Roof Tiles •Planning Commission Actions: •Enhance slope, landscape, and garden walls at the lobby to reduce noise and screen light sources •Enhance landscape between parking structure and Hanover Beach Colony