HomeMy WebLinkAbout2015-12-16; Planning Commission; ; EIR 15-02/GPA 14-03/ZC 14-02/LCPA 14-03/SP 207(K)/CT 14-08/PUD 15-01/SDP 14-
The City of Carlsbad Planning Division
A REPORT TO THE PLANNING COMMISSION
Item No.
Application complete date: December 16, 2014
P.C. AGENDA OF: December 16, 2015 Project Planner: Christer Westman
Project Engineer: Steve Bobbett
SUBJECT: EIR 15-02/GPA 14-03/ZC 14-02/LCPA 14-03/SP 207(K)/CT 14-08/PUD 15-01/SDP 14-
11/CUP 15-03/CDP 14-29/HDP 14-06 – WESTIN HOTEL AND TIMESHARE – Request for
the certification of an Environmental Impact Report (EIR 15-02), including the approval of
Candidate Findings of Fact and Mitigation Monitoring and Reporting Program; and
approval of a General Plan Amendment, Zone Change, and Local Coastal Program
amendment to change land use from Public/Planned Industrial/Office (P/PI/O) to Visitor
Commercial (VC) and to change zoning from Exclusive Agriculture/Planned
Industrial/Office (E-A/P-M/O) to Commercial Tourist with a Qualified Development
Overlay (C-T-Q) and a Specific Plan amendment to incorporate 3.6 acres into the Carlsbad
Ranch Specific Plan as Planning Area 5A, and a request for approval of a subdivision map
and non-residential Planned Development Permit to create 36 timeshare condominium
units, a Site Development Plan, Conditional Use Permit, Coastal Development Permit and
Hillside Development Permit for the development of a 71 room 4-story hotel and 36 unit
3-story over basement parking timeshare building, and onsite parking reduction of 12.9%
for common parking on 3.6 acres generally located west of The Crossings Drive and north
of Grand Pacific Drive in the northwest quadrant of the City within the Mello II segment
of the Local Coastal Program and in Local Facilities Management Zone 8. The project is
not within the appealable area of the California Coastal Commission.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 7138 RECOMMENDING that
the City Council CERTIFY the Environmental Impact Report EIR 15-02, including the approval of Candidate
Findings of Fact and a Mitigation Monitoring and Reporting Program, and ADOPT Planning Commission
Resolutions No. 7139, 7140, 7141, 7142, and 7143, RECOMMENDING APPROVAL of General Plan
Amendment GPA 14-03, Zone Change ZC 14-02, Local Coastal Program Amendment LCPA 14-03, Specific
Plan Amendment SP 207(K), Carlsbad Tract Map 14-08, Non-Residential Planned Development Permit
PUD 15-01, Site Development Plan SDP 14-11, Conditional Use Permit CUP 15-03, Coastal Development
Permit CDP 14-29, and Hillside Development Permit 14-06 based on the findings and subject to the
conditions contained therein.
II. PROJECT DESCRIPTION AND BACKGROUND
The 424 acre Carlsbad Ranch Specific Plan (SP 207) was first approved in 1993. Carlsbad Ranch is located
north of Palomar Airport Road, south of Cannon Road, east of Carlsbad Car Country and west of The
Crossings at Carlsbad golf course. In October 2004 the City Council approved an amendment to the
Carlsbad Ranch Specific Plan [SP 207(E)] to define the development of the approximately 53 acre Planning
2
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Area 5 with a timeshare/hotel resort. That approval included 3 hotel buildings with 350 hotel rooms,
multiple timeshare buildings with 350 timeshare units, onsite recreation facilities and restaurants to be
used by both resorts as well as circulation and parking for both resorts.
Planning Area 5 has been developing in phases. The completed phases to date include the main central
circulation (Grand Pacific Drive), the main parking lot, several smaller parking areas, two three-level
Sheraton hotel-room buildings with 250 rooms, a Sheraton hotel reception and conference building with
outdoor pool recreation area, 14 MarBrisa timeshare villas with 172 units, a MarBrisa resort lobby/sales
building, and two outdoor pool recreation areas. Revisions to the Planning Area 5 site plan and buildings
were recently approved by the City Council and included minor changes to secondary circulation and
parking areas north of the existing Sheraton hotel-room buildings, the addition of a new 17,000 sq. ft.
resort center which will house a new lobby entrance with porte-cochere, conference center, 4,200 square
foot restaurant, the elimination of a free-standing restaurant pad located at the Cannon Road project
entry, and the re-configuration and expansion of the second Sheraton pool area. Revisions to the
approved architecture include the introduction of four-story hotel and timeshare buildings with an overall
building height of 45 feet.
The project includes the addition of the 3.6 acre property to the Carlsbad Ranch Specific Plan as Planning
Area 5A, a subset of PA 5, the development of a 71-room 4-story hotel building and a 36 timeshare unit
3-story building over a basement garage.
The 3.6 acre project site is located at the northern terminus of The Crossings Drive, west of The Crossings
at Carlsbad clubhouse, and east of the existing MarBrisa timeshare resort and Sheraton Hotel. The site is
comprised of a pad elevated above the surrounding development that was created at the same time as
The Crossings golf course. On the western part of the pad is a de-commissioned 1.5 million gallon, 40-
foot tall water tank which will be removed.
Two buildings flanking a central passive open space area are proposed. The western most building is the
hotel. It has a north-south orientation, is proposed with four habitable floors of hotel rooms within a 45
foot height, all rooms have a western view orientation, there is a central atrium lobby space, and it is
topped by an outdoor roof veranda. The architecture is of the same Mediterranean style as the MarBrisa
and Sheraton developments to the west.
The timeshare building is located on the eastern side of the lot in an expanded “V” configuration also in a
north-south orientation. This building is proposed with three habitable floors of timeshare units, the view
orientation of the units are both to the west toward the central open area and to the east. The timeshare
building includes a ground floor of tuck-under parking and the overall building height is 45 feet. The
architecture is of the same Mediterranean style as the MarBrisa and Sheraton developments to the west.
Approval of a habitable fourth level is contingent upon adoption of the proposed Carlsbad Ranch Specific
Plan amendment (SP 207K) which includes the proposal to add this property to Carlsbad Ranch Planning
Area 5 as a sub-area Planning Area 5A and to allow the fourth habitable level within the existing allowance
of a 45-foot height limit. In addition, the Specific Plan amendment strikes mention of uses that were
anticipated but not realized from the original text, provides some current clean-up text, and introduces
new parking and setback standards for Planning Area 5 and 5A.
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Table 1 below includes the current General Plan designations, zoning and land uses of the project site and
surrounding properties.
TABLE 1
Location General Plan Designation Zoning Current Land Use
Site
Public/Planned
Industrial/Office
Exclusive
Agriculture/Planned
Industrial/Office
Water tank/Vacant
North Open Space Open Space Open Space
South Visitor Commercial Commercial Tourist Timeshare Resort
East Open Space Open Space Golf Course
West Visitor Commercial Commercial Tourist Hotel Resort
III. ANALYSIS
The project is subject to the following regulations:
A. Visitor Commercial (VC) General Plan Land Use designation;
B. Qualified Development Overlay Zone (Q), Commercial Tourist Zone (C-T), Conditional Use Permits
(Chapters 21.06, 21.29, and 21.42 of the Carlsbad Municipal Code);
C. Carlsbad Ranch Specific Plan (SP 207);
D. Subdivision Ordinance and Non-Residential Planned Development Ordinance (Title 20 and
Chapter 21.47 of the Carlsbad Municipal Code);
E. Local Coastal Program (Mello II Segment);
F. Hillside Development Ordinance (Chapter 21.); and
G. McClellan-Palomar Airport Land Use Compatibility Plan
H. Growth Management – Zone 8 Local Facilities Management Plan
A. General Plan – Visitor Commercial (VC)
The project includes a request to change the General Plan land use designation of the site to Visitor
Commercial (VC). The VC land use designates areas for visitor attractions and commercial uses that serve
the travel and recreational needs of tourists and residents as well as employees of business and industrial
centers. Table 2 below indicates how the development of the site under a Visitor Commercial land use
designation complies with the elements of the General Plan.
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TABLE 2: GENERAL PLAN COMPLIANCE
ELEMENT USE CLASSIFICATION, GOAL,
OBJECTIVE, OR PROGRAM
PROPOSED USES AND
IMPROVEMENTS
COMPLY
Land Use 2-G.10
Promote continued growth of visitor-
oriented land uses, and provide
enhanced opportunities for new hotels
and visitor services in desirable
locations.
The project is the development
of 71 hotel rooms and 36
timeshare units.
Yes
2-P.23
Sites designated for “Visitor
Commercial” uses should generally be
located near major transportation
corridors and proximate to key
tourist/visitor draws such as hotels and
LEGOLAND.
The project site is located
adjacent to LEGOLAND, the
Sheraton Resort, and the
Crossings at Carlsbad golf
course.
Yes
Mobility 3-P.5
Require developers to construct or pay
their fair share toward improvements
for all travel modes consistent with the
Mobility Element, the Growth
Management Plan, and specific
impacts associated with their
development.
The proposal does not require
improvements to the existing
street system.
Yes
3-P.38
Develop flexible on-site vehicle parking
requirements including innovative
parking techniques, effective TDM
programs to reduce parking demand,
and other means to efficiently manage
parking supply and demand.
The project includes a shared
common parking agreement
with the adjacent Sheraton
hotel development.
Yes
B. Zoning – Qualified Development Overlay Zone (Q), Commercial Tourist (C-T), Conditional Use
Permit
The project includes a request to change the zoning of the site to Commercial Tourist (C-T) with a Qualified
Development Overlay (Q). The project is therefore subject to the Qualified Development Overlay Zone
Chapter 21.06; Commercial Tourist Chapter 21.29; and Conditional Uses Chapter 21.42. The permitted
uses and physical development aspects of the project are governed by the Carlsbad Ranch Specific Plan.
The Qualified Development Overlay Zone requires project review pursuant to a Site Development Plan
(SDP). The intent of the overlay is to insure that development will be compatible with surrounding
developments, both existing and proposed. The proposed project is a hotel and timeshare development
similar in character and use as the existing adjacent Sheraton Hotel and MarBrisa timeshare resort. No
special considerations or conditions are necessary to ensure that the project will be compatible with the
existing development on adjacent properties.
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The Commercial Tourist zone establishes land uses that are appropriate for serving the tourist community
and their needs while visiting Carlsbad. The project is a continuation of the hotel and timeshare uses that
currently exist on the adjacent property within Planning Area 5 of the Carlsbad Ranch. The hotel and
timeshare project implements the intention of the zone by creating the opportunity for three separately
branded resorts within Carlsbad Ranch that will serve different clients.
The purpose of the Conditional Use Permit is to allow special consideration for certain uses to be located
in zones other than those in which they are classified as permitted because of their particular
characteristics. The timeshare component of the proposed project is subject to the review and approval
of a Conditional Use Permit. Given the existing hotel and timeshare development within Planning Area 5
and the commercial tourist nature of the other surrounding development which includes LEGOLAND and
the Carlsbad municipal golf course, there are no special conditions beyond those identified in Chapter
21.42 specific to timeshare projects required in the Conditional Use Permit necessary to achieve land use
compatibility. The proposed timeshare development will operate in the same manner as the existing
Planning Area 5 MarBrisa Resort. The following findings and support are required to be made to approve
the Conditional Use Permit.
That the requested use is necessary or desirable for the development of the community, and is in harmony
with the various elements and objectives of the general plan, including, if applicable, the certified local
coastal program, specific plan or master plan, in that timeshare ownership provides one opportunity
among many opportunities to achieve a form of land ownership.
That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in
which the proposed use is to be located in that timeshare condominium units are established as an
encouraged and allowed use within the Visitor Commercial General Plan land use designation and the
land use table for Planning Area 5 and 5A of the Carlsbad Ranch Specific Plan.
That the site for the proposed conditional use is adequate in size and shape to accommodate the yards,
setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development
features prescribed in this code and required by the City Planner, planning commission or city council, in
order to integrate the use with other uses in the neighborhood, in that as designed the project site
accommodates the proposed development without the inclusion of special adjustments or variances to
development standards.
That the street system serving the proposed use is adequate to properly handle all traffic generated by
the proposed use, in that the 856 Average Daily Trips generated by the resort property will be distributed
between The Crossings Drive, Cannon Road and Palomar Airport Road.
C. Carlsbad Ranch Specific Plan (SP 207)
The project includes an amendment to the Carlsbad Ranch Specific Plan to add the 3.6 acre project site to
Planning Area 5 as a subset (Planning Area 5A) and to include development standards appropriate for
Planning Area 5A. The physical development of the site requires compliance with the proposed
development standards of the Carlsbad Ranch Specific Plan: Planning Area 5 and 5A. As seen in the
following Table 3, the proposed project meets or exceeds the development standards established and
proposed in the Specific Plan.
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TABLE 3
Standard Required Proposed
Building Height
General Building
Elevator Tower
35 feet and up to 45 feet per
Site Development Plan
approval by City Council.
Unique Specific Plan Standard
35-45 feet
maximum
80 feet maximum
45 feet
78 feet
Habitable Levels 3 levels and up to 4 levels per
Site Development Plan
approval by City Council.
3-4 levels
maximum
4 Levels1
Building Setbacks 20 ft. from Crossings Drive
20 ft. from eastern perimeter
Zero from PA5/PA5A internal
adjoining property lines.
Setbacks from perimeter
property lines shall be
increased by 1-foot for every
vertical foot of building
height over 35 feet.
20 ft.
20 ft.
Zero
10 additional feet
75 + feet
41 + feet
2.5 feet
21-55 additional
feet
Parking Setbacks 15 feet 15 feet 15 feet
Parking
Timeshare
344 Existing units
112 Conventional
232 with Lock-off
36 Proposed units
20 Conventional
16 with Lock-off
Hotel
338 Existing rooms
71 Proposed rooms
Restaurant
3,500 sq. ft. Existing
4,200 sq. ft. Existing
Meeting Space
2,180 seats Existing
TOTAL
1.2 per unit
1.5 per unit2
1.2 per unit
1.5 per unit2
1.2 per room
1.2 per room
1 per 100 sq. ft.
40 + 1/50 over 4,000 sq. ft.
1/5 seats
135 spaces
348 spaces
24 spaces
24 spaces
406 spaces
85 spaces
35 spaces
40 + 4 = 44 spaces
436 spaces
1,537 spaces
135 spaces
348 spaces
24 spaces
16 spaces
406 spaces
40 spaces
35 spaces
44 spaces
291 spaces
1,339 spaces3
Lot Coverage 50% maximum 50% maximum 20.1%
1 The Carlsbad Ranch Specific Plan allows for the development of structures up to a habitable height of
45 feet and four levels. The approval must be pursuant to a Site Development Plan approved by the City
Council and providing that 1) setbacks from the planning area’s outer perimeter shall be increased at a
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ratio of one horizontal foot for every one foot of vertical construction beyond 35 feet; 2) The additional
setback area shall be maintained as a landscaped open space; and 3) The building conforms to the
requirements of Section 18.04.020 of the Carlsbad Municipal Code.
Each of the 45-foot tall buildings is located further from the outer perimeter property line than the
minimum 30-foot setback requirement for the proposed height. The minimum proposed setback is 41
feet from the hotel building to the adjacent open space lot to the east. The extended setback areas are
predominantly landscaped with the exception of the 75-foot setback to the timeshare building which
includes circulation and parking. All of the buildings onsite, regardless of building height, must comply
with Carlsbad Municipal Code Section 18.04.020 which is the requirement to obtain a building permit
prior to construction according to plans reviewed and approved by the City and after paying all
appropriate fees prior to obtaining a building permit.
2 The Carlsbad Municipal Code Parking Ordinance (Chapter 21.44) and the Carlsbad Ranch Specific Plan
designate a per-room parking demand of 1.2 parking spaces for all timeshare units and all hotel units.
However, the original approvals granted in 2004 for the Planning Area 5 resort site included 1.5 parking
spaces as a demand for each timeshare unit that included a “lock-off”. Therefore, for consistency, the
“lock-off” timeshare parking standard of 1.5 spaces per unit with a lock-off has been proposed as a
standard for Planning Area 5 and 5A. A parking standard of 1.5 parking spaces is assigned to the timeshare
units proposed with a “lock-off”.
3 The Parking Ordinance (Chapter 21.44) allows an offset of parking demand for integrated
developments that have the potential of “sharing” patrons and thereby diminishing the actual demand
for parking. The parking available to the Westin Hotel and Timeshare project includes both those that are
onsite for PA 5A and all of the spaces located within PA5. A limit of up to 15% of the required parking may
fall into the shared category of a Common Parking Facility. Also in consideration for common facilities is
the number of spaces allocated to meeting rooms. Meeting room occupancy is in great part attributed to
destination conference events which directly affects and is affected by room occupancy. Assessing the
entire parking demand for both Planning Areas 5 and 5A, the proposed parking count includes 198
Common Parking spaces which is equal to a 12.9% reduction. Findings for approval of the common
parking are made as part of the Site Development Plan.
D. Title 20 and Non-Residential Planned Development (Chapter 21.47)
The project includes 36 air-space timeshare condominium units and is therefore subject to the regulations
of Chapter 20.16 of the Subdivision Ordinance. These subdivision regulations require the project to
include street dedications and improvements (streets, sewer, water, and drainage) to serve the proposed
subdivision.
The Land Development Engineering Division has reviewed the proposed Tentative Map and has concluded
that the subdivision of one of the buildings into timeshare airspace ownership units, as conditioned,
complies with all the applicable requirements of the Subdivision Map Act and the City’s Subdivision
Ordinance. Cannon Road and The Crossings Drive are publicly dedicated roadways and no additional
improvements or dedication of streets are required. All infrastructure improvements, including street
frontage, drainage, sewer, and water facilities exist.
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No standards variances are needed to approve the timeshare subdivision. Given the above, the proposed
subdivision would provide all necessary facilities and improvements without producing land conflicts;
therefore, the project is consistent with the Subdivision Ordinance.
The project is also subject to the provisions of the Non-Residential Planned Development Ordinance since
it is the creation of timeshare airspace ownership units. This chapter is the mechanism by which non-
residential airspace condominium units may be created in conjunction with a tentative map. No special
development criteria is established by this chapter. The project includes an application for a Non-
Residential Planned Development Permit.
E. Local Coastal Program and Coastal Resource Protection Overlay
The project site is located within the Mello II Segment of the Local Coastal Program, but is not within the
appealable jurisdiction of the California Coastal Commission. The site is also located within and subject
to the Coastal Resources Protection Overlay Zone. The project’s compliance with each of these programs
and ordinances is discussed below:
1. Mello II Segment of the Certified Local Coastal Program and all applicable policies
The project is located in the Mello II Segment of the Local Coastal Program. The project site is
proposed to have a Local Coastal Program Land Use designation of Visitor Commercial (VC) and zoning
of Commercial Tourist, Qualified Development Overlay Zone (C-T-Q) consistent with the proposed
City’s General Plan Land Use designation and Zoning for the site.
One of the primary requirements of the applicable coastal regulations pertains to the conversion of
agricultural land to urban use. The property is not identified as an active “Map X - Designated Coastal
Agricultural Lands” site since a fee was paid with previous approvals for that portion of the property
that fell within the area designated on the map and therefore, is not required to be preserved nor is
it subject to an agricultural conversion mitigation fee. The project is further consistent with the
policies of the Coastal Act in that, a) the site is geologically stable; b) the project has been designed to
reduce the amount of runoff off-site through the use of Low Impact Development (LID) design
features and has been conditioned to implement the National Pollution Discharge Elimination System
(NPDES) standards; c) the project does not preclude any recreational opportunities or shoreline access
as the property is not located adjacent to any waterways or bodies of water; and d) the development
does not obstruct views of the coastline as seen from public lands or public rights-of-way.
2. Coastal Resource Protection Overlay Zone
The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (C.M.C.
Chapter 21.203) in that the project will adhere to the City’s Master Drainage Plan, Grading Ordinance,
Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional
Urban Runoff Management Program (JURMP) to avoid increased urban run-off, pollutants and soil
erosion. No development is proposed in areas of natural steep slopes (≥25% gradient) and no native
vegetation is located on the subject property. In addition, the site is not located in an area prone to
landslides, or susceptible to accelerated erosion, floods or liquefaction.
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F. Hillside Development Ordinance
Portions of the property have a gradient of fifteen percent or more and an elevation differential greater
than fifteen feet. Therefore, grading and development of the site requires the issuance of a Hillside
Development Permit. The Hillside Ordinance development standards are largely intended to direct the
development of property with natural slopes, however, there are development standards that apply to
properties that have manufactured slopes.
This property was graded and a development pad created as part of the approval process and construction
of the Carlsbad municipal golf course thereby creating a lot with manufactured “downhill perimeter
slopes” along the eastern perimeter. As proposed, project grading cuts into the eastern half of the site to
create driveway access, surface parking, and ground level tuck-under parking for the timeshare building.
This design re-grades the site and establishes new downhill perimeter slopes and a new top-of-slope along
the eastern perimeter of the lot. The re-grading requires an export of 14,610 cubic yards. The effect
creates a building profile for the timeshare building, as seen from the east, of a four-story building and as
seen from the west of a three-story building. Retaining walls are located along the eastern manufactured
slope of the project site. The use of retaining walls allows for the preservation of more buildable pad area
and eliminates the need to extend the toe of the new manufactured slope into the adjoining property
which is a Habitat Management Plan hardline preserve.
To the greatest degree possible for four-story hotel buildings, the project applies the hillside and hilltop
architecture design principals of paralleling the slope contours and including roof slopes that follow the
same slope direction as the lot.
Development of the lot is subject to a top-of-slope edge setback relative to the onsite downhill perimeter
slopes along the north and eastern perimeters. Those top-of-slopes are both a portion of the existing pad
and the new outer eastern edge of slope established by the Fire Department vehicle access and driveway
access to the parking garage. The top-of-slope setback requirement is equal to 0.7 horizontal foot for
every 1.0 vertical foot of building face that parallels the top-of-slope. The timeshare building’s eastern
face is 43 feet to the bottom of the roof so a 30-foot top-of-slope setback is required and provided at its
closest points along the Fire Department vehicle access.
The Hillside Ordinance includes a provision that no main or accessory building may encroach over the
top/edge of a downhill perimeter slope. However, if such an encroachment is necessary to fulfill the
project goal and is designed to preserve and or reduce encroachment into slopes and open space, it may
be allowed. The project has a unique grade change issue to be solved in that the existing hotel in Planning
Area 5 must be connected with the proposed hotel in Planning Area 5A. A walkway and elevator tower is
proposed for that connection and is designed to be cut into the adjacent north and northwest slope. The
design of encroaching over the top of the slope for the elevator is less impactful to the slope than creating
several cuts into the slope for an ADA compliant ramp.
G. Airport Land Use Compatibility Plan (ALUCP)
The project site is located within Review Area 2 of the Airport Land Use Compatibility Plan (ALUCP) for the
McClellan-Palomar Airport, it is within Safety Zone 6, and the southernmost part of the project site is
located within the 60-65 CNEL noise contour. As stated in the Airport Land Use Compatibility Plan for
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McClellan-Palomar Airport (ALUCP), hotels are conditionally compatible uses in 60-65 CNEL noise
contours. The interior noise level must be attenuated to 45 decibels CNEL, however the outdoor noise
level is acceptable for associated outdoor activities, pursuant to the ALUCP. The project is conditioned to
comply with this requirement. A noise analysis was conducted by RECON Environmental, Inc. for the
project dated April 30, 2015. The report indicates that the principal noise source impacting the southern
portion of the site is McClellan-Palomar Airport, with additional noise contribution from Palomar Airport
Road. The southern portion of the project site will be subject to exterior noise levels of less than 65 dB
CNEL.
H. Growth Management – Zone 8 Local Facilities Management Plan
The proposed project is located within Local Facilities Management Zone 8 in the northwest quadrant of
the City. The impacts on public facilities created by the project, and its compliance with the adopted
performance standards, are summarized in Table 4 below.
TABLE 4 – GROWTH MANAGEMENT COMPLIANCE
STANDARD IMPACTS COMPLIANCE
City Administration N/A N/A
Library N/A N/A
Waste Water Treatment 81 EDU Yes
Parks N/A N/A
Drainage 73 cfs Yes
Circulation 856 ADT Yes
Fire Fire Station No. 5 Yes
Open Space 0.25 acres Yes
Schools N/A N/A
Sewer Collection System 81 EDU Yes
Water 20,100 GPD Yes
At the time that the Zone 8 Local Facilities Management Plan was first adopted and subsequently
amended the site was designated as Open Space and was not considered in having any significant demand
for the improvement of infrastructure within Zone 8. With the approval of The Crossings at Carlsbad golf
course, the project site land use was changed to industrial use and the appropriate facilities needs were
conditioned to be constructed concurrent with that development. Currently, all of the community
infrastructure located within Zone 8 that would require a contribution from the development of the site
as a non-residential project, has been completed including street improvements to Palomar Airport Road,
Cannon Road, Faraday Avenue, and College Boulevard. Development of the site with a 71-room hotel and
36-unit timeshare does not create the need for new or expanded infrastructure and is therefore consistent
with the existing Zone 8 Local Facilities Management Plan.
IV. ENVIRONMENTAL REVIEW
An Environmental Impact Report (EIR) was prepared for the Westin Hotel and Timeshare in accordance
with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the Environmental
Protection Procedures (Title 19) of the CMC. The EIR addresses the environmental impacts associated
with all discretionary applications for the proposed project, including ultimate build-out of the entire
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project. City staff issued a Notice of Preparation (NOP) on April 7, 2015. The NOP was distributed to all
Responsible and Trustee Agencies, as well as other agencies, and members of the public. The public was
invited to comment on the scope and content of the EIR. Three responses were received regarding
cultural resources. Modifications to the project and mitigation measures were implemented to address
the comments received. The Westin Hotel and Timeshare EIR analyzed the following areas of potential
environmental impact:
Aesthetics
Air Quality
Biological Resources
Cultural and Paleontological Resources
Greenhouse Gas Emissions
Hazardous Materials, Airport Safety, and Wildfire
Hydrology and Water Quality
Land Use
Noise
Public Services
Transportation and Circulation
Utilities and Service System
The Draft EIR includes sections required by CEQA including an Executive Summary, Project Description,
Cumulative Effects, Effects Found Not to Be Significant, and Growth Inducing Effects and Alternatives.
Alternatives are considered in the EIR including the "no project/existing General Plan" alternative, a “no
project/no development" alternative, and a reduced development footprint alternative. On July 21, 2015,
the Draft EIR was published and the City notified interested Responsible and Trustee Agencies, as well as
other interested agencies. The "Notice of Completion" commenced an initial 45 day public review and
comment period expiring on September 8, 2015. The "Notice of Completion" advised that the Draft EIR
was available for review at four locations: the City of Carlsbad Planning Division; the City Clerk's Office;
the Carlsbad Dove Library; and the Georgina Cole Library. Complete copies were also available for
purchase, with or without the appendices and on CD, through the Planning Division. The Draft EIR was
also published on the City’s website. The analysis contained in the EIR concluded that all significant
impacts would be mitigated to below a level of significance.
Three comment letters, all of them pertaining to onsite cultural resources, were submitted in response to
the public review period. Responses to the comment letters were prepared and mailed to the
commenters. An alternative “Caisson Foundation” project was created in response to the comments and
is the recommended project.
The alternative project introduces a caisson foundation for the hotel building which creates a floating
platform above the ground surface versus a spread footings foundation that is cut directly into and formed
on the ground surface. The advantage of using caissons, is the reduction in physical disturbance to the
ground beneath the hotel building.
EIR 15-02/GPA 14-03/ZC 14-02/LCPA 14-03/SP 207(K)/CT 14-08/PUD 15-01/SDP 14-11/CUP 15-03/CDP
14-29/HDP 14-06 – WESTIN HOTEL AND TIMESHARE
December 16, 2015
Page 12
The response transmittal letter also provided notice of availability of the Final EIR. The Final EIR includes
a Mitigation Monitoring and Reporting Program (MMRP). The MMRP is also attached to the Planning
Commission Resolution No. 7138 for the EIR.
ATTACHMENTS:
1. Planning Commission Resolution No. 7138 (EIR 15-02)
2. Planning Commission Resolution No. 7139 (GPA 14-03)
3. Planning Commission Resolution No. 7140 (ZC 14-02)
4. Planning Commission Resolution No. 7141 (LCPA 14-03)
5. Planning Commission Resolution No. 7142 (SP 207K)
6. Planning Commission Resolution No. 7143 (CT 14-08/PUD 15-01/SDP 14-11/CUP 15-03/CDP 14-
29/HDP 14-06)
7. Location Map
8. Disclosure Statement
9. Reduced Exhibits
10. Full Size Exhibits “A0-A17”, “C1-C7”, “P1-P2”, “l1-L7”, dated December 16, 2015
GRANDPA
CIFICDR
THE CROSSINGS DRM A R B RISACR
GPA 14-03 / ZC 14-02 / LCPA 14-03 /CT 14-08 / PUD 15-01 / SDP 14-11 / CUP 15-03 /CDP 14-29 / HDP 14-06 / V 14-03 / EIR 15-02
Westin Hotel and Timeshare
SITE MAP
PALOMAR AIR P ORTRDELCAMREAL
L A COSTA AVCARLSBADBLELCA
MINOREAL
MELR
OSEDRAVIARAPY
RAN CHO S A NTAFERDCOLLEGEBLSITE
L 0 t
ARCHITECTURAL CIVIL
A-1 PROJECT INFORMATION ~' CML TTTlE SHEET
A-2 SITE PlAN ~2 C!Vll SITE PLAN
A-3 HOTEL BASEMENT FLOOR PlAN "" TENTATIVE MAP
A-1 HOTEL FIRST FLOOR PLAN C-4 PRELIMINARY GRADING PLAN
A-5 HOTEL SECOND FLOOR PlAN ~5 PREUIAINARY Ul1Ll1Y PLAN
A-5 HOTEL THIRD FLOOR PlAN ().£ 111UCK TURNING MOTIONS
A-7 HOTEL FOURTH FLOOR PlAN PREUIAINARY WATER OUALITf PLAN
A-8 HOTEL ROOF PlAI'J
A-9 HOTEL ELEVATIONS
A-10 HOTEL ELEVATIONS PARKING SUMMARY
A-H TIMESHARE PARKING GARAGE PLAN
A-17 TIMESHARE FIRST FLOOR PlAN PARKING SUMMARY
A-13 TIMESHARE SECOND FLOOR PLAN PARKING SUMMAfiY
A-14 TIMESHARE THIRD. FLOOR PLAN
A-15 TIMESHARE ROOF PJ\N
A-16 TIMESHAF1E ELEVATIONS LANDSCAPE
A-17 TIMESHARE ELEVATIONS
L-1 lANDSCAPE CONCEPT PlAN
L-2 LANDSCAPE CONCEPT PlAN -NOTES AND LEGEND
L-<l LANDSCAPE CONCEPT PLAN -NOTES AND LEGEND
WATER CONSERVATION PlAN
WATER CONSERVATION PLAN -NOTES AND LEGEND
L-< FIRE PROTECTION PLAN
L-7 FIRE PROTECTION PLAN -NOTES AND :...EGEND
SIGN PROGRAM
G-1 SITE SIGNAGE
9 D e v e l op m e n t
Carlsbad, California
Development Permit P-2
Legislative Permit P-3
Hillside Development Permit P-5
28 AUGUST 2015
-\baY:J.~hi ~ S i :J j r r:
1o0 Cl,•<"!" ''"""' ~10' ~•" Olouo ~•Hfq<;lo "'""
'. '" :lJ "''" '. "'-~"·'"''
PLANT LEGEND-ZONE TWO
S\'rvWOL BOTANICAL NMm COMJ\II:ONNMm SIZE
~ ZONE TWO-REFINED LANDSCAPE3S.699 SQ. FT I 59.1% OF TOTAL IANDSC\PE AREA {ADDlTIONAL 1.453 S,F. OFF-SITE)
SEE WATER CONSERVATION PLANS, SHEET L-4
LARGE SPECIMEN TREE: (QUAJ\"'TITY: 2 TREES)
PARKING LOT TREE:
{QUANTITY: 15 TREES}
ACCENT TREE:
{QUAN1TIY: 21 TREES)
THEME TREE:
(QUAN1TIY: 3 TREES)
ClNNMIO!vlUM CAMPHORA
FICUS RUBIGINOSA
KOELREliTERIAPANICULATA
MAGNOLIA GRANDIFLORA '
OLEA 'SWAN HIU.'
POOOCARPUS ORACIUOR
QUERCUS AGRIFOLIA
CINNAMOMUM CAMPHORA
PODOCARPUS GRACILIOR
1RISTANIA CONFERTA
CUPRESSUS SEMPERVIRENS
JACARM'DA MI!v!OSIFOLIA
LAGERSTROEMIAL~DICA
OLEA 'SWAN HILL'
PYRUS CAllERY ANA 'BRADFORD'
QUERCUS AGRIFOllA
EVERGREEN/ DECIDUOUS TREE:
(QUANTITY: 11 TREES}
SMALL ACCENT TREE: (QUAN1ITY: 6lREES)
0
LAURUS NOBILIS
PODOCARPUS GRACILIOR
RHUSLANCEA
TABEBUlA HETEROPHYLLA
ERIOBOTRY A DEFLEXA
MAGNOLIA X SOULA."4'GEANA
MEYER LEMON
RHAPIDOLEPIS ll\'D!CA 'lvWESTIC BEAtJIY'
PRUNUS CAROLL"l'IANA
SLOPE REVEGETATION/EROSION CONTROL
POLICIES AND REQUIREMENTS:
Camphor Tree
RwtylcnfFi~;
Go!denrninTrec
Southcm!>la(;llolia
Ftuitl~saOiiw
Fern Pine
Corurtl.iv~Onk
CnmphorTrc~
Fern Pine
Brisb!llloBcx
ltnli!lllCyprcss
J~J.
CrnpeMyrtlo
Ftuitlc!U!Oiivo
BrndfordPcnt
CoostUvcOnk
Sweet Bay
Fern Pine
Afril!llnSumuc
PinkTnbnbuia
BronzcLoquut
SIUlcctMugno!in
Lemon Tree
Indillll.Hnwthom
Carolina Lnurcl Cbeny
SLOPES 6.1 OR STEEPER REQUlR!Nd EROSION CO!iiROL MEASURES AS SPECIFIED HEREIN SHALL
D!> 'l"RlrATED WITH ON!> OR MORE 01'11-IE! FOLLOWING PLANTING STANDI\ROS
STANDARD I-COVER CROPIRElNFORCEDSTilAW MATI!NO:
48"BOX
48"BOX
48"80X
48"BOX
48"BOX
48"BOX
48"BOX
24"BOX
24"BOX
24"BOX
24"BOX
15GALLON
15GALLON
24"BOX
15GALLON
48"BOX
24"BOX
15GAILON
15GALLON
24"BOX
15GAILON
15GALLON
24"BOX
15GALLON
24"BOX
COVER CROP SHALL BE A SEED MIX TYPlCALL Y MADE UP OF QUICK GERMINATING AND FAST COVCRING ORA!!SJ';S, Cl.OVEIUI, AND'OR Wlt.Df!.OWERS. SUBMlT'Il-IE SPECIFIC SEED MIX FOR CITY APPROVAL PRIOR TO APPLICATION. 11-I£COVDt CROP SHALL BE APPLIED AT A RATE AND MANNER SUfFJCJENTTO PROVIDE 90"o COYERAG£ \VlTHlN THIRTY (JO) DAYS
TYPE Of REINfORCED S'l1lA W )..\A TI!NG SHALL BE AS APPROVED BY THE CITY AND STAKED TO 1118 3LO?t: AS RECOMMilNDED BY 11-lll MANUFAC11JRER.
REINFORCED STRAW MATI!NG SHALLBEREQUIREDWHI!N Pl..ANTING OCCURS OJDWEI:N AUGUST 1:1 AND APRIL 1:1. TilE COVER C!WI' ANDIOR REINFORCED 3TRA W ).\AT S\ !ALL B£ U3!mTIIE REMAINOI:R OF THE Y!tAR.
ONE HUNDRED (!00'•) PERCENT Ofllill ARRA SHALL BE PLANTED Win! A GROUND COVER KNOWN TO HAVE EXCilLLENT SOIL BINDING CHARAcrERl::tnCS (I>!.ANrED fROM A MINIMUM :UZE Of Fl.A 'rT!lD MATEIUAI. AND SI'ACED TO PROVIDI! FULL COVERAGE Wl'll-IIN ONE YEAR}
LOW SPRtiADlNO WOODY SHRUBS (P!.ANrEDFROM A MINIMUM OF2-3141NCH UNERS) SHALL COYER A MINIMUM OFSEVENTI (70'o) PI'RCI!NT Of 11-IE SLOPE FACE (AT MATIJRE 31ZE)
d STANDI\RO #4-TIU:ESAND10R LARGE SHRUBS
TRE!m AND'OR LAROE SHRUBS SHALL BE (PLANTED FROM A MINIMUM OF 1 GALLON CONTAINERS) AT A ).UNIMUM RATE OF ONE (ll PI!R TWO HUNDRBD (200) SQUARE FliEr.
J' OR LESS IN VERTICAL HEIGI-IT AND ARE ADJACENT TO PUBLlCW ALR!I OR STRE!IT:! REQUIRE AT MINIMUM STANDARD ~1
J'TO II' IN VERTICAL HElOHTRilQUJR!l STANDARDS ~1 (I!ROniONCONmOL MATTING ~HALL DlliNSTALLE:D IN LIEU OF A COVE:R CROP),#2ANDrf.l
c IN ID."Clm301'11' IN VI!RTICAL HEJO!ff REQUiRE STANDARDS "I (EROSION CONTROL MATI1NG SHALL BE IN!ITALLIID IN Lli!U OF A COVER CROP). II:, #l, AND Jl.l
AREAS GRADED Fl.ATn!R 11iAN 6 I RBQUIRE STANDARD #I (COVER CROP) W1TII TEMPORARY IRRIGATION WHI:N 11-IEY HA Vll ONE OR MOREOFntE FOI.LO\VING CONDITIONS:
SHEJIT GRADED PADS NOT SCHI!DULED FOR IMPROYI!MENTS W111-IJN 0 MONTHS OF COMPLETION OF ROUGH GRADING.
~~iSr~}TIIllCm' AS HIOHL YV\:liBLEAREA!ITOTI-11! PU!IUCORHAVE SPECIAL CONDITIONS THAT WARRANTIMME:DIATE
Lot 9 Development
CARLSBAD, CALIFORNIA
Grand Pacific Resorts
Date: 28AUGUST2015
PLANT LEGEND -ZONE 2 CONTINUED
SYMBOL BOTANICA.LNA!\ffi
SHRUBS {QUANTITY: 422 SHRUBS}
LARGE EVERGREEN SlffiUBS: ~ ARBU1USUJ\'EDO ~ COTONEASTERLACTEUS
DODONAEA VISCOSA 'PURPUREA'
EUGENIA UNIFLORA
LAURUS NOBILIS
NERIUM: OLEANDER
PODOCARPUS HENKELII
PRUNUS CAROLll\lANA
WPIDANTIWS CALYPTitATIJS
:\l'LOSMA CONGESTUM
MEDIUM EVERGREEN SHRUDS: -
LOW SHRUBS: -
ACACIA DE CORA
BOUGAINVILLEA 'SAN DIEGO RED'
CMiELLIAJAPONICA
CMIELUA SASANQUA
FATSIAJAPONICA
l>USCANTIIUS SINENSIS 'VERIEGATIJS'
PHORMIUM. TENA.\:
PHILODENDRON SELLOtr.-1
PITIOSPORU?\.1 TOBIRA. 'V ARIEGATA'
RHAPJUOLEPIS INDICA 'ENCHANTRESS'
ROSA 'ICEBERG'
ROSA SPECIES-TRAILING
SAL VIA LEUCANTIIA
VIBURNUM TINUS
AGAPANTHUSAFRICANUS
AGAPANTHUS AFRICANUS 'PETER PAN'
ANIGOZANTI-IOS 'BICOLOR'
AZALEA SPECIES
BlL\"US JAPONJCA
CUPI-IEA HYSSOPIFOUA
DIETES IRIDIOIDES
GARDE!'!1AJASMINOIDES 'RADICANS'
GARDENIAJASMINOIDES'VEITCJUI'
HEMEROCALUS HYBRIDS
LA V ANDULAANGUSTIFOLIA
MJSCM'TIRJS AGAGIO 'l>iAIDEN GRASS'
MUHLENBERG!A RIG ENS
N"ANDINADOivlESTICA
NASSELLA TENUISSIMA
NEPHROLEPISEXALTATA
PHOJU..lltJ},! TEN A."\: 'BRONZE BABY'
PITTOSPORU!vl CRASSIFOLIUM
'COMPACTA'
RHAPfllOLEPIS INDICA 'BALLERINA'
ROSMARINUS OFFICINALIS
TRA.CHELOSPEfU..iU!vl JASMINOIDES
VIBURNUM TINUS 'DWARF
3' SCREENING SHRUBS AT PARKING LOTS
(QUANlTIY: IOOSHRUBS) -GREVILLEA 'NOEWr
UGUSTRillo! JAPONICUM 'TE.\:ANU!vl'
RHAPHIOLEPIS INDICA 'SPRINGTIME'
VIBUR!~UM TINUS
VINES:
(NOT SHOWN ON Pl.Ai~ BOUGAL'NILLEA SPECIES
CALLIANDRA TWEEDII
CMIELLIAJAPONICA
DISTICTIS 'RIVERS'
GREWIA CAFFRA
HIBBERTIA SCANDENS
PANDOREAJAS!t;UNOIOES
NOTES:
P ARTIIENOCISSUS TRICUSPID AT A
PYRUS KAWAKAI>lll
-FOR ZONE I PLANT LEGENDS SEE SHEET L-2.
-REFER TO WATER CONSERV AT! ON PLAN FOR
LOCATIONS OF ZONES I & 2. SHEET L-4.
COJ\.li'l.fON NAME
Strnwlx:rryTree
PmncyCotoncru<lcr
PurplcHopt~ccdButth
SurinmuOleny
sw~'lltBny
Olcnndcr
Long-U:o.fcd Y cUowwood
Cnrolinn Lnurel Olcny
Tupidnnthus
ShinyXylo~ma
Orncdli!Wnttle
Bouguinvil!cn
Cnmdlin
Jnp1111C8~Amlin
JupllltelleSi!vc:rOr.ws
NcwZcnl!llldFIILx
SplitU:nfPhilodendroo
Tobim
IndinnHnwthom
kelx:rgRooe
TmilingRo!ICII
M~'Xi=Sage
Luurustinutt
Lily-Of-The-Nile
PclcrPnn
Kml&nrooPnw
Azn!caSouthcmindicn
JapnncscBo~:wood
FolGcHcnthcr
FortnightU!y
DwarfGIU'denin
GIU'dcnia
Dnylily
EnglishLuvcndcr
MnidcnGnum
PurpleRegolMist
HnrbourDwruf
FcathcrGnw
Sword Fern
BronzoBnby
Dwarf Pittooporum
IndinnHawthom
Rosemary
StnrJMmine
Luu11111tinutt
G~villcn
TcxllliPrivcl
IndlnnHawthom
LuurustinWI
Bougninvillcn
Trinidad Flame Bwh
Cnmcl!in "Double White"
Roynl Trumpet Vino
LuvnndcrStntBush
GuinenGoldVine
Bower Vine
Bo!ltoolvy
EvcrgrcenPellr
SIZE
15GAILON
15GALLON
l5GALLON
l5GALLON
l5GALLON
l5GALLON
15GALLON
15GALLON
15GALLON
15GAILON
5GALLON
5GALLON
5GALLON
5GAUON
5GALLON
5GALLON
5GALLON
5GALLON
5GALLON
5GALLON
SGALLON
5GALLON
5GALLON
5GALLON
1 GALLON
1 GALLON
SGALLON
5GAUON
I GALLON
!GALLON
I GALLON
!GALLON
I GALLON
I GALLON
5GALLON
5GAU.ON
5GALLON
!GALLON
5GALLON
I GAllON
5GAllON
5GAllON
I GALLON
I GALLON
!GALLON
!GALLON
!GAllON
l GALLON
J GALLON
!GALLON
5GALLON
5GAllON
5GALLON
5GALLON
5GALLON
SGALLON
5GAILON
5GALLON
5GALLON
PLANT LEGEND-ZONE 2 CONTINUED
SYJ\.ffiOL BOTANICAL NAME COMMON NAME SIZE
CROUNDCOVER:
(QUANTITY: 10.536 SQ. FT .• OF WHICH 952 S.F. IS OFF .SITE) IWW} DYMONDIAMARGARETAE D)mondin FLATS@ 12"0.C.
~ FRAGARIA CHILOENSIS Bench Strnwbcrry FLATS@ 12'' O.C.
GAZM'IA HYBRIDS G=nia FLATS@ 12" O.C.
TURF:
(QUAN1TIY: 444SQ. Fr.)
[\~~~
BIOFILTER: (QUANIITY: 2.525 SQ. IT.)
Em
SLOPES:
OPIIIOPOOONJAPON!CUS UlyTurf FLATS@ 12"0.C.
OSTEOSPEJU..IUM FRUTICOSUM African Dnisy FLATS@ 12" O.C.
SOLEIROLIASOLEIROLll Bnby'sTcllt!l FLATS@12"0-C.
*NOTE: AFRICAN DAISr IS IN ADDJTJON TO THE MINIMUM GROWID COVERFEQUJREMENT.
HYBRID BER.\IUDA
MARATIION!I-E
LOLIUM PERENNE
Hybrid Bermuda
MnrntlJOnll-E
Perennin1Rycgrm<6
SOD
SEEDED
SEEDED
(QUANTITY: 23.647 SQ. FT .• OF WHICH 501 S.F. IS OFF-siTE))
TREE:
(QUAN1TIY: 31REES)
,Q· ,_
SLOPE SHRUBS:
(QUANTIIT: 119 SHRUBS)
SLOPE GROUND COVER:
KOELREIJTERIA PANICULATA
LAGERSTROEMIAINDICA
PINUS CANARIENSIS
ARCTOSTAPI-n1 .• 0S GLANDULOSA
BOUGAINVILLEA SPECIES
CEANOTIIUSG. HORIZONTALIS
GREVlll.EA 'NOELLtr
HETEROMELES ARBUTIFOUA
{NOT IN FIRE PROTECTION ZONES) LANTANA MO~TEVIDENSIS
RHAPIDOLEPIS INDICA 'ENCHANTRESS'
:\11..0SMACONGESTIJM
(QUANTITY: 23.647 SQ. IT .• OF WHICH 501 S.F. IS OFF .SITE) ~ ACACIAREDOLENS
~ APTI..~IA CORDIFOLIA
BACCHARJS PILULARJS
GoldcnminTn.'ll
Cmp~Myrtlc
CnnnryfulnndPinc
MIIIWlllit.n
Bougninvil!Ctl
CntmdCreepcr
Grcvillen
Toyon
TrnilingLnntnnn
IndinnHtt\.\'thom
SllinyXylomnn
Act~cin
RedAppleTccplnnt
DwmfCoyotc Bush
SGALLON
5GALLON
5GAll.ON
!GALLON
lGAll.ON
!GALLON
!GALLON
1 GALLON
!GALLON
!GAllON
I GAllON
FLATS@ 12" O.C.
FLATS@ 12"0.C.
FLATS@ 12" o.c.
MYOPORUMPARVIFOUUM Myoporum FLATS@l12"0.C.
OSTEOSPEJU..IUM FRUTICOSUM Afric1111 DnWy FLATS@ lr O.C.
LANDSCAPE
SHEET L-3
*NOTE: AFRICAN DAISY IS IN ADDITION TO THE MINIAlUAf GROUND COVER FEQUIREMENT.
PLANT LEGEND-ZONE 4
~ ZONE FOUR-NATIVE LANDSCAPE 5,69? SQ. FT /?.4% OF TOTAL LANDSCAPE AREA 'ffll11l111Jj IRRIGATED FOR FIRE SUPPRESSION
LANDSCAPE MAINTENANCE RESPONSIBILITY
ALL LANDSCAPED AREAS SHOWN ON TillS PLAN(S}. (\vmiiNTIIE PROPERTI' LINES Ai~D OFF-SITE)
WILL BE PRIVATELY MAINTAINED BY GRAND PACIFIC RESORTS.
PERCENTAGE OF SITE FOR LANDSCAPE
AREA QUANTITY
TOTALSITE: 3.66ACRES
TOTALLANDSCAPE: 1.43ACRES
PERCE!'!! OF TOTAL SITE USED FOR l.A~DSCAPING: 39.1~"
PLANTING NOTES:
I. ALL QUERCUS AGRIFOLIASHALLBE PLANTED AMININrtflvl OF 10'-0" FROM BACK OFWALKM'DCURBS. INSTALL ROOT BARRIERS TO PROTECT WALK AND CURBS FROM DAMAGE.
2. 50~Q OF ALL SHRUBS PLANTED (EXCEPT ON SLOPES 3:1 OR GREATER) SHALL BE A MINIMUM OF 5 GALLON SIZE. 3. PLAl'o'TS IN A TRANSffiONALAREA(ADJACENTTONATIVE VEGETATION) SHALL CONSIST OF A COMBINATION
OF SITE ADAPTIVE AND COMPATIBLE NATIVE ANDIOR NON-NATIVE SPECIES. AND SHALL CONFOfU..i TO TilE REQUIREMENTS IN SECTION 5. FIRE PROTECTION REQUJREr...lliNTS.
4. ALL UTIUTIES ARE TO BE SCREENED. LANDSCAPE CONSTRUCTION DRAWINGS SHALL SHOW AND lABEL ALL tJTIUTIES AND PROVIDE APPROPRIATE SCREENING.
5. LOCATE ALL LIGHT POLES ON THE FL~AL LANDSCAPE PLANS AND INSURE TIIATTIIERE ARE NO CONFLICTS
WITIITitEES. 6. SHRUBS IDGHER TilAN 3'-0"SHALL NOT BE ALLOWED Wffi·IIN FIRE SUPPRESSION ZONE A-1.
IRRIGATION NOTES:
l. ALL IRRIGATION SPRAY AND ROTORS SHALL KEEP AMINIMll1112·rBACK OF HARDSCAPE WHERE TilEY DO NOT DRAIN BACK INTO A LANDSCAPED AREA.
LANDSCAPE CONCEPT PLAN -NOTES AND LEGEND ~ I ~ tj
Community & Economic Development
Planning Division
1635 Faraday Avenue Carlsbad, CA 92008 760-602-4600 760-602-8560 fax
ERRATA SHEET FOR AGENDA ITEM # 2
Memorandum
Dec. 16, 2015
To: Planning Commission
From: Christer Westman, Senior Planner
Via Don Neu, City Planner
Re: EIR 15-02/GPA 14-03/ZC 14-02/LCPA 14-03/SP 207(K)/CT 14-08/PUD 15-01/SDP 14-11/CUP
15-03/CDP 14-29/HDP 14-06 – WESTIN HOTEL AND TIMESHARE
Staff is recommending that the Planning Commission include the following revisions:
Include revisions to the Mitigation Monitoring and Reporting Program mitigation measures
ARC-1 and ARC-3 , pages 3-8 of the MMRP, as attached.
Include the Letters of Comment and Responses as attached to the Draft Environmental
Impact Report documents.
Include Exhibit LCPA 14-03 as an attachment to Planning Commission Resolution No. 7141.
Include reference to SP 207K in Planning Commission Resolution No. 7141 as an exhibit for
the Local Coastal Program Amendment action.
Change the building height standard on page numbered as 159 of the Specific Plan
amendment exhibit (SP207K) from 78 to 80.
Modify condition number 9 of Planning Commission Resolution Number 7143 to allow 36
months versus 24 months to pull a building permit before the project action will expire.
Delete condition number 57 of Planning Commission Resolution Number 7143.
Page 3
DOCS 121163-000006/2419403.12
Mitigation Monitoring and Reporting Program
Potential Significant Impact Mitigation Measure
Timeframe of
Mitigation
Monitoring,
Enforcement, and
Reporting
Responsibility
CULTURAL AND PALEONTOLOGICAL RESOURCES
Archaeological Resources. The project would require
grading and/or excavation that could result in a
substantial adverse change to a portion of CA-SDI-8797
Locus C, which is identified as a significant archaeological
site pursuant to CEQA Guidelines Section 15064.45.
Impacts to this site would be significant. (Also sites in
Area)
ARC-1: Data Recovery Program. In order to mitigate for potential impacts to significant cultural resources associated with CA-SDI-8797 Locus C, a data
recovery program developed and implemented by a qualified archaeologist shall be prepared and implemented. The data recovery program will include
two methodologies based upon location. Under Section B, the data recovery program will be organized for the mitigation and impacts at the location of
caissons within the boundaries of the cultural deposit and at the location of the planned basement and elevator pit excavations. The under Section C, the
data recovery program for areas outside of the capped area and addressed. The data recovery programs shall include research design, excavation,
laboratory analysis, a report of findings, and curation of artifacts as detailed below.
A. Research Design
Prior to the initiation of any archaeological mitigation program, a detailed research design must be prepared and submitted to the City of Carlsbad
that provides discussions regarding the field and laboratory elements of the data recovery program, including the data recovery elements detailed
in Section BSections B and C, below. The research design shall be designed to answer research questions and add to the overall regional prehistoric
data. These questions include: the chronological placement of the site in San Diego regional prehistory and site occupation; site function;
subsistence systems practiced at the site; and the inclusion of the site in trade and exchange networks in San Diego County and southern
California. To the extent prior studies have addressed research design, appropriate references can be made. The City shall review and approve the
research design prior to the initiation of the data recovery field program.
B. Excavation
The foundation for the hotel structure will be supported by caissons drilled into the underlying formational soil. Where caissons will penetrate
through the concrete cap that covers the cultural deposit area, the following data recovery program shall be implemented.
1. Data Recovery for Caissons Located Within Cultural Deposits Area.
Where the cultural deposits area will be impacted by caisson drilling, midden soils shall be archaeologically hand-excavated. All data recovery
units shall measure one square meter and shall be excavated in 10-centimeter levels to a depth 10 centimeters below the lowest layer of any
cultural deposit. The layer of non-cultural fill soil that overlays a concrete cap that protects the cultural deposit may be mechanically removed
prior to the initiation of a data recovery unit at each caisson location within the cultural deposit. When the concrete cap over the
archaeological deposit is revealed, it shall be saw-cut to establish the one-square-meter data recovery unit position over the cultural deposit.
Once the concrete cap section is removed, the archaeological data recovery unit shall be hand excavated prior to the drilling of the caisson.
Practical measures shall be taken to ensure that the archaeological data recovery unit does not collapse and cause disturbance to adjacent
cultural deposits. Plywood shoring may be used to secure the walls of the excavation prior to and during the caisson drilling that will follow
the archaeological excavations.
The archaeological Archaeological data recovery shall be required for the cultural deposit are located below the concrete cap. The ultimate
depth of the cultural deposit will vary across the site, but all archaeological excavations shall be required to fully excavate the entire depth of
the cultural deposit to mitigate impacts at each caisson where a cultural deposit is present. However, if the concrete cap is removed at any
caisson location and no cultural deposit is observed, a test will still be required, but will only be excavated to a depth of 50 centimeters to
ensure that cultural deposits are not present.
All archaeological excavations shall follow the City’s guideline requirements for such investigations. All soil extracted from each unit shall be
wet-screened through one-eighth-inch mesh to recover any fragments of potential human remains and archaeological materials. The soil
associated with the cultural deposit area shall remain on the property and shall not be exported. Non-cultural soil may be exported from the
site, but must be determined to be non-cultural by the archaeologist and Native American monitor prior to export. Screened soil from the
archaeological excavations may be used to backfill the excavation units once caisson placement has been achieved.
Prior to any
construction permits,
including but not
limited to, the first
Grading Permit,
Demolition
Plans/Permits and
Building Plans/ Permits,
but prior to the first
pre-construction
meeting.
City of Carlsbad
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DOCS 121163-000006/2419403.12
Mitigation Monitoring and Reporting Program
Potential Significant Impact Mitigation Measure
Timeframe of
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Monitoring,
Enforcement, and
Reporting
Responsibility
2. Data Recovery for Basement and Elevator Pit
A data recovery program is required for impacts to CA-SDI-8797 Locus C from a basement excavation on the north side of the hotel structure
covering 208 square meters and an elevator shaft pit in the center of the hotel structure covering 6.5 square meters shall be
implementedwhich are within the cultural deposit area and have a higher than average likelihood of producing cultural materials. The In this
location, the data recovery program shall be based upon a statistical sample of 15 percent of initially 100% of soil removed from the
excavation once formational soil is reached during the excavation. The project archaeologist and Native American monitor shall be present
and consult during the excavation of this area and, should the excavation not produce cultural materials, agree to modify the protocol to a
reduced statistical sample of the affected area consistent with the findings. If significant cultural material is found during data recovery for the
caissonsafter that modification, the archaeologist and Native American monitor will be consulted and the sample percentage may be
increased up to 100 percent of recovered material depending on the significance of resources encountered in order to achieve the mitigation
data recovery goal to exhaust the research potential of the affected deposit. The percentage of data recovery required and the locations of the
units shall be presented in the Research Design to be submitted and approved by the City prior to the initiation of any mitigation work.
The data recovery program shall include a stratified sampling program to be completed in three phases. Each phase of excavations will require
the completion of the laboratory analysis of the data recovery unit results in order to complete the unbiased stratification of the deposit.
Phase I shall consist of a 10 percent or greater indexing percentage. The locations (data recovery unit distribution pattern) and number of
sample units will be presented in the research design document discussed in Section A. Phase II shall consist of excavation of the areas of
highest research potential, as stratified by the results of the Phase I units. Phase II excavations shall include an additional (5 percent), or
greater excavation percentage if cultural materials are found during data recovery for caissons or the basement area (increased percentage to
be approved by the City) of the deposit within the areas of highest potential. The Phase II excavations will be used to further stratify the
affected deposit into the area of highest research potential. To exhaust the research potential of those areas designated for Phase II study, a
Phase II sample shall include an additional (10 percent ) sample of the high potential area. However, if the Phase II sample is determined to
have exhausted the research potential of the affected deposit, a Phase II sample would not be required. A pile and lag shoring system shall be
utilized to prevent surrounding soils under the slurry cap that shall remain in place from caving in.
Any features or of human burials discovered in either phase of work in these two locations (basement and elevator shaft pit) shall necessitate
the expansion of the data recovery program to a third phase of sampling. The scope of any Phase III sample shall be determined following
Phase II. If applicable, backhoe trenching and/or light grading for that portion of CA-SDI-8797 Locus C to be developed may also be employed
to locate and excavate/document additional prehistoric features and activity areas prior to development. All features shall be exposed
through hand excavation and documented through photographs and illustrations. Block unit excavations shall be employed in areas with
features and associated artifacts to expose entire feature dimensions. Following the completion of the data recovery program, all remaining
midden soil within the basement and elevator shaft pit limits of work shall be subjected to water screening in a bulk sample to search for any
human remains or ceremonial/sacred artifacts that would require reburial in an on-site preservation area.
3. Data Recovery Outside of Capped Portion of SDI-8797 Locus C
Parcel 211-023-07-00 (water tank property) shall also be subject to a data recovery program. While not within the capped area, the water
tank property has not been extensively sampled and is in the vicinity of cultural materials, warranting a measured approach to ground
disturbance. Areas of proposed grading disturbance will be sampled based on a statistical sample of 25 percent. In the event that cultural
deposits are discovered where caissons will be used or where formational soil excavation occurs, potential impacts to those elements of SDI-
8797 Locus C or other cultural materials will be mitigated by implementing the established mitigation plan noted in Section 1, above. Because
development impacts will only occur where caissons penetrate the or grading activity penetrates the formational soil, data recovery can be
limited to those locations of soil disturbance. The protocol to be followed in the remaining area surrounding the concrete cap over SDI-8797
Locus C will be:
Phase I
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DOCS 121163-000006/2419403.12
Mitigation Monitoring and Reporting Program
Potential Significant Impact Mitigation Measure
Timeframe of
Mitigation
Monitoring,
Enforcement, and
Reporting
Responsibility
a. Phase I shall consist of excavation of eight 1x1-meter units within this area (water tank property). Upon completion of the field work, the
recovered data shall be evaluated to answer issues of horizontal extent of the subsurface deposit, intra-site distribution of artifact types,
and spatial variations in quantities of artifacts/faunal remains not revealed during the testing.
b. The results from Phase I shall be compared to the results from the test excavations conducted by Brian F. Smith and Associates and
Gallegos and Associates. A lack of intra-site variation in artifact distribution, no noticeable increase in amounts of material recovered per
volume excavated, or the lack of features would mirror the initial testing results and indicate redundancy in data. (Redundancy is the point
at which continued excavation would produce only larger amounts of already represented data.) If redundancy is determined, no
additional excavation is required.
c. If intra-site variability in artifact type clustering, artifact density clustering, or features are discovered, redundancy would not be achieved,
and a second phase of data recovery shall begin.
Phase II
a. Phase II shall involve excavating an additional five 1x1-meter units in areas where Phase I units indicated variations in vertical or
horizontal artifact distribution, density variation, or feature locations.
b. The results of Phase II shall then be compared to the results of Phase I, and it shall be determined if the necessary amount of data has
been gathered to demonstrate redundancy and adequately represent the site. If variations in recovered data remain or features are
found that require additional excavation to uncover, a third phase of excavation shall be required.
Phase III
Phase III shall require excavating an additional five to ten 1x1-meter units. These units shall be placed as blocks in areas identified in Phase II
as unique in type or quantity of artifact recovery, or feature locations.
4. The removal of the water tank foundation and any other elements of the water transmission lines that could potentially disturb soil shall
be monitored by an archaeologist and Native American representative.
5. Any cultural deposits exposed by the demolition process shall be flagged and protected from further disturbance.
6. In those locations where any cultural deposits exposed during the demolition process correspond with the locations of planned excavation
or caisson excavations, those caisson locations shall be incorporated into the data recovery program for caissons as described in Section
BSections B and C, above.
7. For caisson any excavation locations that do not correspond to any observed locations of cultural deposits, the drilling of the caisson holes
must be done in a manner that will allow the archaeologist and Native American Monitor the opportunity to inspect the soil frequently for
the first 10 feet to ensure that no deeply buried cultural deposits are directly impacted. If cultural deposits are discovered during the
drilling process, the drilling at that location will be halted and the data recovery protocol for caissons excavation with cultural deposits
shall be initiated. Drilling may only resume when the cultural deposit has been removed through archaeological mitigation procedures
and the consulting archaeologist and Native American Monitor have cleared the resumption of drillingexcavation.
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DOCS 121163-000006/2419403.12
Mitigation Monitoring and Reporting Program
Potential Significant Impact Mitigation Measure
Timeframe of
Mitigation
Monitoring,
Enforcement, and
Reporting
Responsibility
C. Laboratory Analysis
The excavations are anticipated to produce moderate quantities of prehistoric artifacts, vertebrate faunal materials (bone associated with
animals/fish hunted by the prehistoric occupants of the site), invertebrate faunal remains (marine shellfish remains used for food), features (such
as fire hearths), and potentially human remains. At the conclusion of the excavations, all artifacts, ecofacts, and other associated cultural materials
shall be subjected to intensive laboratory processing. The laboratory process will include standard laboratory procedures of cleaning, cataloging,
data entry, and artifact analysis. The special analyses will include lithic analysis, ceramics analysis, faunal analysis (including both marine and
terrestrial species), shell species analysis, assemblage analysis, lithic reduction analysis, residue analysis, radiocarbon dating, obsidian hydration
and sourcing analysis, shell bead analysis, prehistoric fishing equipment analysis, trade materials analysis, and projectile point analysis.
D. Report of Findings and Curation of Artifacts
1. The data recovery program and the mitigation monitoring program shall be discussed in a final cultural resources technical report. The report
shall satisfy City of Carlsbad archaeological report guidelines. The report will include the results of all archaeological data recovery
excavations, laboratory analyses of artifacts, discussions of the treatment of human remains, and the repatriation of cultural materials.
2. The curation of all artifacts recovered from the property and their subsequent analysis as part of the laboratory program will be discussed in
the Pre-Excavation Agreement with the San Luis Rey Band of Mission Indians. The Native American representatives may choose to repatriate
the artifacts back to the location of the prehistoric site and rebury them in the ground. The specifics of any curation process will be based
upon the preference of the tribal representatives
Archaeological Resources. The project would require
grading and/or excavation that could result in a
substantial adverse change to SDI-8797 Locus C, which is
identified as a significant archaeological site pursuant to
CEQA Guidelines Section 15064.45. Due to the presence of
known archaeological resources on the project site, there
is a potential that other unknown resources could be
encountered and disturbed during site grading. This would
be a significant impact.
ARC-2: Archaeological Monitoring Program. Due to the potential for buried cultural resources and/or human remains to be encountered on-site, a
qualified archaeological monitor and a Native American monitor shall be present during project-related grading and trenching activities. The following
measures shall be implemented:
A. Monitoring
1. During the grading of any soil within the project or any off-site improvements, a qualified archaeologist and a Native American monitor from
the San Luis Rey Band of Mission Indians shall be on-site full-time to perform inspections of the excavations. The presence of the archaeologist
is a mandatory grading requirement; however, the Native American monitors may choose to monitor at their discretion during the grading
program. Because of the constrained work environment, a monitoring team shall typically include one archaeological monitor and one Luiseño
Native American monitor.
2. Prior to the initiation of grading, the contractor shall organize a preconstruction meeting of all personnel scheduled to work on the grading and
construction phases of the project. The purpose of this meeting will be a Worker’s Education Program to instruct the work force about the
cultural resources associated with the project, the sensitivity of these resources to the local Native American community, and the protocols to
be followed should any workers encounter artifacts during work on the project. The consulting archaeologist shall conduct the Worker’s
Education Program and shall include the Native American representatives as part of the presentation of Native American concerns.
3. In the event that previously unidentified and potentially significant cultural deposits or features are discovered, the consulting archaeologist or
Native American monitor shall have the authority to divert or temporarily halt ground disturbance operations to review possible discoveries.
This temporary diversion of work shall be as brief as possible; however, if a discovery is confirmed, the supervising archaeologist shall report
this to the City’s representative and the developer.
The discovery location shall be secured from further disturbance to allow evaluation of potentially significant cultural resources. The consulting
archaeologist, in consultation with tribal representatives, shall determine the significance of the discovered resources. For any significant
cultural resources discovered during monitoring of grading, further mitigation measures (data recovery) will be necessary to complete the
impact mitigation. A detailed description of additional mitigation measures will be prepared by the consulting archaeologist and approved by
the City prior to implementation. If any human remains are discovered, the County coroner shall be contacted as detailed in Part C, below. In
the event that the remains are determined to be of Native American origin, the most likely descendent (MLD) shall be contacted to determine
Prior to any
construction permits,
including but not
limited to, the first
Grading Permit,
Demolition Plans/
Permits and Building
Plans/ Permits, but
prior to the first pre-
construction meeting.
City of Carlsbad
Page 7
DOCS 121163-000006/2419403.12
Mitigation Monitoring and Reporting Program
Potential Significant Impact Mitigation Measure
Timeframe of
Mitigation
Monitoring,
Enforcement, and
Reporting
Responsibility
proper treatment and disposition of the remains. Isolates and clearly non-significant deposits shall be documented in the field, but shall not be
subjected to data recovery mitigation.
4. All cultural material collected during the grading monitoring program shall be included in the laboratory process listed in ARC-1 (C). Artifacts
recovered during monitoring shall be included in the curation process listed in ARC-1 (E).
5. The mitigation monitoring program shall be described in the report of findings listed in ARC-1 (D).
B. Human Remains
In the event of the discovery or recognition of any human remains in any location other than a dedicated cemetery, protocols and procedures
noted in the Public Resources Code Section 5097.98, the California Government Code Section 27491, the Health and Safety Code Section 7050.5,
and the County of San Diego Historical Resources Guidelines for the treatment of human remains encountered at archaeological sites shall be
followed. The City of Carlsbad shall require that the developer prepare and submit to the tribes for their review and comments a pre-excavation
agreement that is intended to outline the procedures and protocol to be followed in the event human remains are identified. The procedures listed
below shall be followed where human remains are encountered:
1. There shall be no further excavation or disturbance of the burial location and a reasonable distance around the burial until:
a. A City official is contacted;
b. The coroner is contacted to determine that no investigation of the cause of death is required; and
c. If the coroner determines the remains are Native American:
i. The coroner shall contact the NAHC within 24 hours.
ii. The NAHC shall identify the person or persons it believes to be the MLD from the deceased Native American. Previous discoveries
of human remains on this project resulted in the NAHC identifying the San Luis Rey Band of Mission Indians as the MLD. It is
reasonable to assume that the San Luis Rey Band will continue in that role for the duration of the project.
iii. The MLD may make recommendations to the landowner or the City for the excavation work.
2. The Native American human remains and associated funerary items that are removed from the project area of potential effect may be
reburied at a location mutually agreed upon by the City, the project applicant/developer, and the MLD. An existing open space easement
adjacent to the proposed development project has already served as a location to rebury human remains encountered during construction
projects for the Grand Pacific Resorts, and this location may be used again for the relocation of human remains, if agreed to by the MLD. If
reinternment of human remains cannot be accomplished at the time of discovery, the MLD shall either take temporary possession of the
remains or identify a location for the temporary, but secure, storage of the remains.
3. For the purposes of this document, human remains are defined as:
a. Cremations including the soil surrounding the deposit;
b. Interments including the soil surrounding the deposit; or
c. Associated funerary items.
Page 8
DOCS 121163-000006/2419403.12
Mitigation Monitoring and Reporting Program
Potential Significant Impact Mitigation Measure
Timeframe of
Mitigation
Monitoring,
Enforcement, and
Reporting
Responsibility
Human Remains and Archaeological Resources. The
project site contains the archaeological site CA-SDI-8797
Locus C and known human burial(s) that were discovered
during grading for the Carlsbad Municipal Golf Course and
the Lot 9 pad and left in place at the time of discovery.
Grading and development could disturb these resources,
resulting in a potentially significant impact.
ARC-3: In order to permanently protect portions of SDI-8797 Locus C that will not be directly affected by the construction of the project, the City of Carlsbad
and the applicant shall place a restrictive easement over the remaining undisturbed cultural deposit area. This easement will restrict any future disturbance
of the cultural deposit area. The archaeological consultant and Native American representative shall assume the responsibility to ensure that construction
activities are not expanded beyond the limits presented in “Mitigation Monitoring and Reporting Program for the Westin Hotel and Timeshare Project. The
delineation of the boundaries of the restrictive easement shall be completed by the consulting archaeologist and Native American representative and
submitted to the City of Carlsbad.
Prior to granting of
occupancy permits or
before final inspection.
City of Carlsbad
Paleontological Resources. Project implementation has
the potential to result in significant impacts to
paleontological resources due to grading within
formations with a high and moderate resource sensitivity.
Impacts would be significant.
PAL-1: Paleontological Monitoring
1. Monitoring Plan
Prior to any grading on any portion of the project site, a qualified paleontologist shall be retained by the City to prepare a Monitoring Plan.
A qualified paleontologist is an individual with an MS or PhD in paleontology or geology who is familiar with paleontological procedures
and techniques. No grading permits shall be issued until the monitoring plan has been approved by the Planning Director.
2. Pre-Grading Conference and Paleontological Monitor
A. A qualified paleontological monitor shall be present at a pre-grading conference with the developer, grading contractor, and the
environmental review coordinator. The purpose of this meeting will be to consult and coordinate the role of the paleontologist in
the grading of the site. A qualified paleontologist is an individual with adequate knowledge and experience with fossilized remains
likely to be present to identify them in the field and is adequately experienced to remove the resources for further study.
B. A paleontologist or designate shall be present during those relative phases of grading as determined at the pre-grading conference.
The monitor shall have the authority to temporarily direct, divert, or halt grading to allow recovery of fossil remains. At the
discretion of the monitor, recovery may include washing and picking of soil samples for micro-vertebrate bone and teeth. The
developer shall authorize the deposit of any resources found on the project site in an institution staffed by qualified paleontologists
as may be determined by the Planning Director. The contractor shall be aware of the random nature of fossil occurrences and the
possibility of a discovery of such scientific and/or educational importance which might warrant a long-term salvage operation or
preservation. Any conflicts regarding the role of the paleontologist and/or recovery times shall be resolved by the Planning
Director.
3. Fossil Recovery and Curation
A. If fossils are discovered, the paleontologist (or paleontological monitor) shall recover them. In most cases, this fossil salvage can
be completed in a short period of time. However, some fossil specimens (such as complete large mammal skeleton) may require
an extended salvage period. In these instances the paleontologist (or paleontological monitor) shall be allowed to temporarily
direct, divert, or halt grading to allow recovery of fossil remains in a timely manner. Because of the potential for the recovery of
small fossil remains, such as isolated mammal teeth, it may be necessary in certain instances, to set up a screen-washing
operation on the site.
Prior to any construction
permits, including but
not limited to, the first
Grading Permit,
Demolition Plans/
Permits and Building
Plans/Permits, but prior
to the first pre-
construction meeting.
City of Carlsbad
Letters of Comment and Responses
Westin Hotel and Timeshare Project Final EIR
Letters of Comment and Responses
The following letters of comment were received from agencies, organizations, and
individuals during the Public Review period (July 29 through September 11, 2015) of
the Draft EIR. A copy of each comment letter along with corresponding staff
responses is included here. Some of the comments did not address the adequacy of
the environmental document; however, staff has attempted to provide appropriate
responses to all comments as a courtesy to the commenter. Some of the comments
received resulted in changes to the Draft EIR text. These text changes are indicated
by strikeout (deleted) and underline (inserted) markings in the Final EIR text and
are summarized in the Errata. Revisions to the Draft EIR are intended to correct
minor discrepancies and provide additional clarification. The revisions do not affect
the conclusions of the document.
Letter
A
B
c
Author
Governor's Office of Planning and Research
Native American Heritage Commission
San Diego County Archaeological Society, Inc.
Westin Hotel and Timeshare EIR
RTC-1
Page Number
RTC-2
RTC-4
RTC-8
SCH# 2015041042
LETTER
Document Details Report
State Clearinghouse Data Base
Project Tille Westin Hotel and T1meshare
Lead Agency Carlsbad, City of
Typo EIR Draft ElR
Description Development of a previously graded 3.66 acre industrial pad with a 71-room hotel and a 36-unlt
timeshare wittl underground parking. a swimmtng pool recreation area, and passive landscaped
gardens.
Lead Agency Contact
Nama Christer Westman
Agency City of Carlsbad
Phone 760 602 4614
email
Address Planning Depanment
1635 Faraday Avenue
City Carlsbad
Project Location
County Son Diego
City Carlsbad
Region
Lat!Long 33"7'48"N/117"18'28"W
Cross Streets The Crossings Drive and Grand Pacific Drive
Parcel No. 211-023-07/212-271-02
Township Range
Proximity to:
Highways 1-5
Airports McClellan-Palomm
Railways NCTD
W.1tcrways Pacific Ocean
Schools
Fax
sraro CA Zip 92008
Section Base
Land Usa Vacant pad and empty 1,5 m gallon water tank I Planned Industrial-Exclusive Agriculture I Planned
Industrial-Unplanned Area
Project Issues AestheticNisual; Agricultural Land; Air Quality; Archaeologic-Historic; Biological Resources; Coastal
Zone: Dratnage/Absorption: Flood Plain/Flooding; Forest Land/Fire Hazard; Geologic/Seismic;
Minerals; Noise: Population/Housing Balance; Public Services; Recreation/Parks; Sewer Capacity: Soil
Erosion/Compaction/Grading; Solid Waste; Toxic/Hazardous; Traffic/Clrcutation: Vegetation; Water
Quality: Water Supply; Wetland/Riparian: Growth Inducing; Landuse; Cumulative Effects: Other Issues
Reviewing Resources Agency: California Coastal Commission; Department of Fish and Wildlife. Region 5; Cat
Agencies Fire; Department of Parks and Recreation; Department of Water Resources; Caltrans. Division of
Aeronautics; Caltrans, District 11: Air Resources Board; Regional Water Quality Control BoDrd, Reg1on
9; Department of Toxic Substances Control; Native American Hentage Commission: Public Utilities
Commission; State Lands CommiSsion
Dato Received 07121/2015 Start of Raviow 07/21/2015 End of Raviow 09103!20 15
Note: Blanks in data fields result from Insufficient information provided by lead agency.
Westin Hotel and Timeshare EIR
Page RTC-3
RESPONSE
B-1
B-2
LETTER
I L~t~B I
ill\!E..O_F..£8l,!E_Ql!~JA ·--Gity-e-f-CB'r-1'5'~<!1'€fm,>IL~"R.'-•J.no.'
NATIVE AMERICAN HERITAGE COMMISSION
1550 Harbor Blvd., Sullo 100
Wost S:~.cramonto, CA 95691
(916)373-3710
Fax(916)373-5471
Torrlo L Roblncon, Gonornl Coum:or
{916) 37J..J716
Torrlo.Robln:~on@n:ahc.c::!.gov
September4, 201 5
VIA EMAIL AND U.S. MAIL
Christcr Westman. Senior Planner
Carlsbad Planning Division
Citv of Carlsbad
16j5 Faraday Avenue
Carlsbad. CA 92008
sr.P os zo;:.
Planning Division
, .. ~···~~~-~ ~~~ :!f.Y:#Jt'
Re: ~.9JlLI!l~!}_t~.J?f the Native ~!I!~d~an Heritaa_~~SJmmj~Q.D;l_~t;.§tin Hot~t~ill!
Timesh~r_e_I)_IOJ&JillU~.:911GPA 14-03/ZC 14-02/LCPA ]_±:Q_~/SP 20(.(K)/CT
_14-0~t'['_lli)_I ~-01/CUP 15-03/SDP 14-1 liC:PP-14-29/HDP 14-06
On behalf of the Native American Heritage Commission (NAI-l C). I wish to commclll on
the Draft Environmental Impact Report (DEIR) for the Westin Hotel and Timeshare with respect
to the known Native American burial site on this project and Native American cultural resources
in general. The mitigation measures proposed regarding the known Native American burial arc
not in compliance with CEQA Guidelines section 15064.5, subdivisions (d) and (c) and will
result in the disinterment of previously reinterred Native American remains, the rdntcrmcnt of
which was intended as a mitigation measure-for the construction of the Carlsbad Municipal Golf
Course. As a trustee agency for Native American cu\toral resources under CEQA, 1 the NAHC
would welcome the opportunity to work with the City of Carlsbad and the applicant to protect
the burial site and all Nati ve American cultural resources aflccted by this project. As a matter of
principle. the NAI-IC opposes the disinterment of previously reinterred Native American remains
without the consent of the Most Likely Descendant (MLD). especially when the remains were
previously disturbed and then reinterred as a mitigation measure. The NAHC also proposes
avoidance and preservation in place as the first and second options to be considered before
mitigation and would ask that the applicant and the City of Carlsbad consider these options fully
and thoughtfully.
The NAHC's comments arc as follows:
I. tv.Jj)jgm_iQn Measure ARC-3: Rec;overv ofK!J_OE~_Buriaj
Mitigation Measure ARC-3: Recovery of Known Burial states as a potential significant
impact the fact that the project site contains a known human burial that was discovered and
1 Sec Em·ironmental Protection information Cemer (EPIC) v. Johnson ( 1985) 170 Cal.App.3d
604: see generally Koska and Zischke. Practice under the California Environmental Qualify Act
(2015) (CEB) § 20.101 ("I fa project is located on a site containing an archaeological site. the
Native American Heritage Commission is a trustee agency that must be consulted by the lead
agency in connection with the prcpar.ation of an EIR or negative declaration.")
B-1
B-2
RESPONSE
Consultation between the City, applicant, and representatives of the
San Luis Rey Band of Mission Indians occurred on several occasions
both prior to and after public review of the Draft Environmental
Impact Report (EIR). Consultations occurred between March, 2015
and December, 2015. At an October consultation, the project
applicant presented a commitment to avoid significant impacts to
known human remains and proposed an alternative foundation
design to a typical shallow foundation system, a deep foundation
system known as Cast-In-Drilled Hole (CIDH) Pile foundation,
which would significantly reduce the amount of disturbance to the
capped portion of CA-SDI-8797 Locus C. The pile foundation system
would support the structure so that it "floats" above the ground
surface and transfers the weight of the structure deep into the earth
by means of the concrete piles, or caissons. Thus, the project has
been redesigned to avoid and preserve in place all known human
remains as well as reduce to the greatest extent feasible,
disturbance to the capped portion of CA-SDI-8797 Locus C.
As described in response B-1 above, the project has been redesigned
so that it would avoid and preserve in place all known human
remains. Thus, mitigation measure ARC-3, Recovery of Known
Human Burial is no longer required. The City conferred with
representatives from the San Luis Rey Band of Mission Indians
(SLR), as the Most Likely Descendant (MLD) regarding the
proposed project redesign and avoidance of known human remains.
The proposed mitigation plan to address potentially significant
impacts to unknown human remains was also refined with input
from tribal representatives.
Westin Hotel and Timeshare EIR
Page RTC-4
B-2
cont.
LETTER
reinterred during grading lor the Carlsbad Municipal Golf Course. and that project grading and
development is anticipated to require disturbance and relocation of these known remains in
coordination with the Most Likely Descendant. It also states as a potential signilicant impact the
fact that there is a potential for unknown human remains to be uncovered during project grading
and these impacts would be potentially signilicant
The mitigation measure states that excavations would be conducted. and the goal of the
excavations would be to locate. pedestal and remove the burial on a block of soil and relocate the
burial to an off:sitc location approved by the MLD.
Nowhere in this mitigation measure is it stated that the MLD lor this known burial. the
San Luis Rey Band of Mission Indians (SLR). has agreed to the disinterment and reburial of this
known burial. because SLR has not consented to the disinterment. Under CEQA Guidelines
section 15064.5 (d) and (e), and in the absence of avoidance. the failw·e to work with SLR to
reach an agreement as to treatment and disposition of this known burial leaves the project
applicant with one and only one option should the remains be disturbed: To reinter any remains
on the property in an area where there will be no further subsurface disturbance. which was the
goal of the previous rcinterrncnt. The ambiguity of tl1e tenn "'o!I-sitc"' docs not connote
compliance with CEQA Guidelines section 15064.5, subdivisions (d) and (e) and raises the legal
issue whether remains that were intended to be reinterred in an area without future subsurface
disturbance can be disinterred without the MLD's consent. The NAHC doubts that SLR would
have agreed to the prior rcintem1cnt if they had known they would have to disturb the resting
place of their ancestors yet again.
CEQA Guidelines section !5064.5, subdivision (d) provides in relevant part:
(d) When an initial study identilics the existence of. or the probable likelihood. of Native
American human remains within the project. the lead agency shall work with the
appropriate Native Americans as identilied by the Native American Heritage
Commission as provided in Public Resources Code section 5097.98. The applicant may
develop an agreement lor treating or disposing of. with appropriate dignity. the human
remains and any items associated with Native American burials with the appropriate
Native Americans as identified by the Native American Heritage Conunission ....
CEQA Guidelines section 15064.5, subdivision (e) provides:
(c) ln the event of the accidental discovery or recognition of any human remains in any
location other than a dedicated cemetCI)'. the following steps should be taken: '
(I) There shall be no further excavation or disturbance of the site or any nearby area
reasonably suspected to overlie adjacent human remains until:
(A)Thc coroner of the county in which the remains are discovered must be contacted
to detenninc that no investigation of the cause of death is required; and
(B) lfthc coroner determines the remains to be Native American:
2
B-2
cont.
RESPONSE
Mitigation Measure ARC-2 has been revised to specifically refer to
the San Luis Rey Band of Mission Indians as the appropriate Native
American Monitor during construction. Additionally, a new
Mitigation Measure ARC-3 is proposed that would require
dedication of an open space easement over the cultural resources on-
site and would prohibit any disturbance to the known human
remmns.
In the event unknown buried human remains are encountered
during grading for the project site, those human remains would be
handled in accordance with all applicable guidance and regulations
and would be reinterred on-site as requested during consultations
with the MLD.
Westin Hotel and Timeshare EIR
Page RTC-5
B-2
cont.
B-3
LETTER
l. The coroner shall contact the Native American Heritage Commission
within 24 hours.
2. The Native American Heritage Commission shall identify the person or
persons it believes to be the most likely descended from the deceased
Native American.
3. The most likely descendant may make recommendations to the landowner
or the person responsible for the excavation work. tor means of treating
or disposing. with appropriate dignity. the human remains and any
associated grave goods as provided in Public Resources Code section
5097.98. or
(2) Where the Jollowing conditions occur. the landowner or his authorized representative
shall rebury the Native American human remains and associated grave goods with
appropriate dignity on the property in a location not subject to further subsurlace
disturbance.
(A) The Native American Heritage Commission is unable to identify a most likely
descendant or the most likely descendant failed to make a recommendation
within 24 hours of being notified by the commission.
(B) The descendant identiiied fails to make a recommendation: or
(C) The landowner or his authorized representative rejects the recommendation of
the descendant. and the mediation by the Native American lleritage
Commission fails to provide measures acceptable to the landowner.
Nothing in CEQA Guidelines section 15064.5 contemplates the unilateral disinterment of a
known Native American burial by an applicant without the consent of the MLD. Given the
potential for finding more burials in the area of the known burial. in the absence of some
ngreement with SLR. the mitigation measure is insuflicicnt to mitigate impacts to the known
burial and what could be a Native American cemetery. Additionally. given that the previous
rein tennent of remains was supposed to mitigate previous impacts caused by the construction of
the Carlsbad Municipal Golf Course. the idea that any known Native American rcinterments
should be disinterred whenever a new project is proposed for a site where a reintermcnt was a
mitigation measure is objectionable on both a legal and moral basis. especially given the dictate
that a rcintcrmcnt of Native American human remains is to be in a site where there should be no
further subsurface disturbance. The NAHC recommends tlmt the applicant enter into a treatment
and disposition agreement with SLR.
2. .r~~H1!£f!.tJgnJxt~-~~~~r? _L\RC:J:__Qr:gfl_g~~Q~~n:Ys9.£r.?m
Mitigation Measure ARC-1 contemplates data recovery as mitigation for artifacts found
in the same area as the knov.n burial. The determination as to what artifacts are associated grave
goods should be made by the MLD. and there should be some means of resolving conllicts
regarding what arc or are not associated grave goods. as the MLD has tribal knowledge and a
significant role in determining the treatment and disposition of associated grave goods under
CEQA Guidelines section 15064.5 (d) and (e).
3
B-3
RESPONSE
The project includes Mitigation Measure ARC-1, which details the
data recovery plan for project impacts to CA-SDI-8797 Locus C. This
mitigation measure was revised from the Draft EIR version after
consultation with the San Luis Rey Band of Mission Indians. This
measure reflects reduced impacts to CA-SDI-8797 Locus C as a
result of the use of an alternative foundation system as detailed in
Response B-1. At the request of the tribes, the project mitigation
would require that any cultural materials encountered during data
recovery be reburied on-site within the proposed open space
easement to preserve cultural materials in place. This would include
any grave goods that may be encountered. Implementation of
Mitigation Measure ARC-2 for archaeological monitoring requires
the use of a Native American Monitor who will be present to observe
any cultural materials found and identify their cultural significance.
Westin Hotel and Timeshare EIR
Page RTC-6
B-4
B-5
LETTER
3. Mitigation Measure A.RC·:?.: Archaeological Monitorin~ Program
Mitigation Measure ARC-2 provides under section A.S. provides:
In areas within the area of potential effect where significant deposits have been identified,
controlled grading may be implemented to carefully peel away layers of soil, which
would expose features of human remains with minimal damage. The consulting
archaeologist, in conjunction with the Native American monitors, shall detem1ine when
and where the controlled grading is needed. The pace, depth, and location of the
controlled grading protocol will be made in concert with tribal monitors, but it will
ultimately be the responsibility of the consulting archaeologist.
The NAHC would propose that the pace, depth and location of the controlled grading protocol be
with the COil!;.~ of tribal monitors. as their unique tribal knowledge regarding the site should be
respected in protecting the Native American burials that could potentially be discovered.
What makes this particularly disturbing is the fact that this burial was known to or should have
been knovm to ct1e City of Carlsbad before leasing the property in question. Native Americans
should not be required to rebury their ancestors every time a new project comes along on a parcel
with a known Native American burial. No other culture would be required to repeatedly rebury
their ancestors. That's not mitigation; that"s desecration.
~tr?taf~
Terrie L. Robinson. General Counsel
Native American Heritage Commission
cc: Cynthia Gomez. Executive Secretary, NAHC
Antonette B. Cordero, Deputy Attorney General. Department of Justice
4
B-4
B-5
RESPONSE
The portion of Mitigation Measure ARC-2 that required controlled
grading to find the known human burial(s) is no longer required and
has been removed from the Final EIR because the project has been
redesigned to avoid known human burials. The alternative
foundation system would reduce impacts to and would minimize
impacts to the cultural site. 100 percent hand excavation and data
recovery would occur in the location of caisson excavations, and 15
percent or greater data recovery would be required in the location of
the elevator pit and basement excavations as detailed in the
project's Mitigation Monitoring and Reporting Program. Tribal
monitors would be present to monitor all excavations on-site and
would have the authority to halt operations if materials are
identified as detailed in the updated Mitigation Measure ARC-2,
which requires archaeological monitoring.
This is a concluding paragraph. As discussed in response to
comments B-1 through B-4 and detailed in the Final EIR Errata and
Mitigation Monitoring and Reporting Program, the project has been
redesigned to avoid impacts to known Native American burials. In
addition, the City has worked closely with the San Luis Rey Band of
Mission Indians to identify a compromise solution that would
provide the minimum amount of disturbance to other on-site
cultural resources.
Westin Hotel and Timeshare EIR
Page RTC-7
C-1
C-2
C-3
LETTER
I Letter C I Q,e:co c0 + v+ .... ~ ., ...
~ San Diego County Archaeological Society, Inc . ... > ,_ :::..~ .':' Environmental Review Committee City of Carlsbad
"1 o" ~ o '"> 2 September 20 15 ~OCJ cP. '-:.:J~' I· "
Planning Division
To: Mr. Christer Westman
Planning Division
City of Carlsbad
1635 Faraday Avenue
Carlsbad, California 92003
Subject: Draft Environmental Impact Report
Westin Hotel and Timeshare
ElR 15-02, GPA 14-03, ZC 14-02, LCPA 14-03, SP 207(K), CT 14-08,
PUD 15-01, CUP 15-03, SOP 14-11, CDP 14-29, HOP 14-06
Dear Mr. Westman:
I have reviewed the cultural resources aspects of the subject DEIR on behalf of this committee of
the San Diego Cowlty Archaeological Society.
Based on the information contained in the DEIR, we have the following comments:
(1) The cultural resources appendix, Appendix D, is not posted on the City's website with the
main body of the DEIR, and SDCAS was not sent a copy of the appendix. Therefore, our
comments cannot extend to the details of the 2015 work on SDI-8797, Locus C, by Brian F.
Smith & Associates.
(2) Section 4.4 of the DEIR, Cultural and Paleontological Resources, is comprehensive o.nd
well thought out. We concur with the impact analysis and with the mitigation measures as
proposed.
(3) It is unfortunate that the project applicants either chose to ignore the information
available, or failed to do a due-diligence cultural resources study of the property before deciding
to proceed with a proposed development that would impact a portion of a site which
(a) Was capped only about I 0 years ago to protect it, presumably in perpetuity, and
(b) Was deemed potentially eligible for the National Register of Historic Places, and
(c) Obviously holds particular cultural sensitivity due to the known burial on the site.
The proposed project disrespects both the cultural and scientific values of Locus C of SDl-8797.
P.O. Box 81106 San Diego. CA 92138-1106 (858) 538-0935
C-1
C-2
C-3
RESPONSE
Comment noted.
Comment noted.
As described in the responses to Comment Letter B, the project has
been redesigned since public review of the Draft EIR to increase
avoidance to CA-SDI-8797 Locus C and to avoid impacts to known
Native American burial(s) on the project site. This has been
achieved through redesign and use of an alternative foundation
design, which would support the hotel structure so that it "floats"
above the ground surface and transfers the weight of the structure
deep into the earth by means of the concrete piles, or caissons. With
implementation of this redesign and alternative foundation system,
the project would avoid and preserve in place all known human
remains and would avoid disturbance to approximately 80 percent of
CA-SDI-8797 Locus C.
The City recognizes and respects the cultural sensitivity of the
project site and has worked closely with the San Luis Rey Band of
Mission Indians to arrive at a solution that would protect the on-site
cultural resources to the maximum extent practical. The project
would implement the alternative foundation design for the hotel
structure, data recovery for areas of CA-SDI-8797 Locus C that
would be disturbed by the project, additional subsurface
archaeological testing in areas that have never been tested (around
the water tank), and implementation of an open space easement to
protect the on-site cultural resources from further disturbance.
These revised mitigation measures would further reduce impacts to
cultural resources and avoid impacts to human burials. Refer to the
project's Mitigation Monitoring and Reporting Program for details.
Westin Hotel and Timeshare EIR
Page RTC-8
LETTER
SDCAS appreciates the opportunity to participate in the City of Carlsbad's environmental review
process for this project.
cc: RECON
Brian F. Smith & Associates
SDCAS President
File
Sincerely,
~;e, Jr., Cha rso~·
Environmental Review Committee
P.O. 8ox81106 • San D"lego, CA 92138-1106 • (858) 538-0935
Westin Hotel and Timeshare EIR
Page RTC-9
RESPONSE
LETTER
Westin Hotel and Timeshare EIR
Page RTC-10
RESPONSE
SAN LUIS REY BAND OF MISSION INDIANS
1889 Sunset Drive • Vista, California 92081
760-724-8505 • FAX 760-724-2172
www.slrmissionindians.org
December 16, 2015
Christer Westman
Senior Planner
Planning Division
Community & Economic Development
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
VIA ELECTRONIC MAIL
Christer. Westman@ carlsbadca.gov
RE: SLR TRIBAL COMMENTS TO THE CITY OF CARLSBAD
PLANNING COMMISSION's PUBLIC HEARING FOR THE
WESTIN HOTEL AND TIMESHARE DRAFT ENVIRONMENTAL
IMPACT REPORT
Dear Mr. Westman:
The San Luis Rey Band of Mission Indians ("SLR" and/or "Tribe") have reserved our
right to provide the City of Carlsbad ("City") with our public comments regarding the Westin
Hotel and Timeshare ("Project") Draft Environmental Impact Report ("DEIR") with the consent
of the City. The Tribe has been in consultation with the City regarding this particular project for
over a year.
The Tribe does not oppose the Project at this time; however, if the proposed constmction
methodologies, the proposed cultural resource mitigation measures and the City's commitment to
the protection and preservation of the tribal cultural resources, to which they are stewards, are
not advanced as discussed within our confidential consultations, SLR will have no choice but to
oppose the Project. SLR remains hopeful that our continued consultation with the City will be
fmitful, for not only the protection of our sacred cultural landscape contained within the Project
property and our sacred cultural resources protected through the existing archaeological
"capping" of CA-SDI-8797 Locus C, but for all tribal cultural resources located within the City.
Please understand that although the DEIR's Applicant has made modifications to the
Project's construction methods, and those methods propose to avoid a small pmiion of sacred
locations on the Project property, the Tribe remains unsatisfied with the proposed development
and all of the proposed cultural resource mitigation measures.
11 SLR Comments to the Planning Commission Regarding the Westin Hotel and Timeshare DEIR