HomeMy WebLinkAboutNCP 18-0002; ECONO LODGE EXPANSION; Admin Decision Letter""' ----,. -_,...
{"city of
Carlsbad
March 3, 2020 FILE
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Shanup Patel ... tr"· I'
3666 Pio Pico Drive
Carlsbad, CA 92008
SUBJECT: NCP 18-0002 (DEV2018-0126) -ECONO LODGE EXPANSION -Request for
approval of a Nonconforming Construction Permit (NCP 18-0002) to allow the
expansion of a motel at 3666 Pio Pico Drive, in the Commercial Tourist (C-T) Zone
and Local Facilities Management Zone 1.
Dear Mr. Patel,
The City Planner has completed a review of your application for Nonconforming Construction
Permit NCP 18-0002 for the expansion of a motel at 3666 Pio Pico Drive. The property is currently
developed with an existing 39-guest-room, two-story motel consistent with the requirements of
the C-T zoning district, with the exception of a nonconforming number of parking spaces (39
spaces existing, 47 spaces required). The project proposes to build a detached, two-story, 6,811-
square-foot structure. The first floor will include a breakfast room, food preparation room, and
carport with ten parking spaces. The second floor will include eight guest rooms, utility linen room,
and utility room. The proposed addition will comply with all current code requirements, including
the number of parking spaces required for the addition of eight guest rooms.
A notice was sent to property owners within a 300' radius of the subject property requesting
comments regarding the above request. No comments were received within the ten-day notice
period (ending on February 21, 2020). After careful consideration of the circumstances
surrounding this request, the City Planner has determined that the four findings required for
granting a Nonconforming Construction Permit can be made and therefore, APPROVES this
request based on the following findings and conditions.
Findings:
1. The expansion/replacement of the structure and/or use would not result in an adverse impact
to the health, safety and welfare of surrounding uses, persons or property in that the existing
property is currently developed with a 39-guest-room, two-story motel consistent with
the requirements of the C-T zoning district, with the exception of the existing
nonconforming number of parking spaces (39 spaces existing, 47 spaces required).
The proposed expansion will comply with current parking requirements. The project
does not propose any alterations to the existing motel or the existing parking lot. The
proposed addition complies with all applicable codes and standards, including
parking. The property will continue to be used as a motel.
2. The area of expansion shall comply with all current requirements and development standards
of the zone in which it is located in that the existing motel will be expanded by the addition
of a breakfast room, food preparation room, carport, eight guest rooms, utility linen
Community & Economic Development
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov
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room, and utility room. The proposed expansion meets all current development
standards in the Commercial Tourist Zone (C-T), including building height, lot
coverage, setbacks, and parking requirements.
3. The expansion/replacement structure shall comply with all current fire protection and building
codes and regulations contained in Titles 17 and 18 in that a building permit issued by the
City of Carlsbad is required for this project and the building plans will be reviewed for
consistency with applicable fire protection and building codes prior to issuance.
Furthermore, the project will undergo standard building inspection procedures during
the construction of all improvements to the site.
4. The expansion/replacement would result in a structure that would be considered an
improvement to, or complementary to and/or consistent with the character of the
neighborhood in which it is located in that the use of the property will continue to be a
motel and the existing motel will be expanded to allow more guest rooms and parking
spaces. The project will slightly increase the ratio of parking spaces per room. The
architecture for the proposed expansion is designed to closely match that of the
existing structures on the property, ensuring architectural compatibility. Furthermore,
the proposed expansion meets all current development standards including building
height, lot coverage, setbacks, and parking requirements.
5. That the City Planner has determined that the project belongs to a cl'ass of projects that the
State Secretary for Resources has found do not have a significant impact on the environment,
and it is therefore categorically exempt from the requirement for the preparation of
environmental documents pursuant to Section 15301(e)(2) -Existing Facilities of the state
CEQA Guidelines. In making this determination, the City Planner has found that the
exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project.
6. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50) as indicated by the approval of
landscaping permit LPC 2019-0019 on January 15, 2020.
7. The City Planner has reviewed each of the exactions imposed on the Developer contained in
this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate
impacts caused by or reasonably related to the project, and the extent and the degree of the
exaction is in rough proportionality to the impact caused by the project.
Conditions:
1. Approval is granted for NCP 18-0002 as shown on Exhibits "A" -"W" dated March 3, 2020
on file in the Planning Division and incorporated herein by reference. Development shall occur
substantially as shown unless otherwise noted in these conditions.
2. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the City shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke, or
further condition all certificates of occupancy issued under the authority of approvals herein
granted; record a notice of violation on the property title; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No vested
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rights are gained by Developer or a successor in interest by the City's approval of this
Nonconforming Construction Permit. ·
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the NCP 18-0002 documents, as necessary to make them internally
consistent and in conformity with the final action on the project. Development shall occur
substantially as shown on the approved Exhibits. Any proposed development different from
this approval shall require an amendment to this approval.
4. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney's fees incurred by the City arising, directly or
indirectly, from (a) City's approval and issuance of this Nonconforming Construction
Permit, (b) City's approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's
installation and operation of the facility permitted hereby, including without limitation, any and
all liabilities arising from the emission by the facility of electromagnetic fields or other energy
waves or emissions.
5. The Developer shall comply with all applicable provisions of federal, state, and local
ordinances in effect at the time of building permit issuance.
6. This project shall comply with all conditions and mitigation measures, which are required as
part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan·
prior to the issuance of building permits.
7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from Carlsbad Unified School District that this project has satisfied its obligation to
provide school facilities.
8. If any condition for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereof, imposed by this approval or imposed by law on this residential housing
project are challenged this approval shall be suspended as provided in Government Code
Section 66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with all
requirements of law.
9. prior to the issuance of a grading or building permit, whichever occurs first,
owner/applicant shall submit to the City a Notice of Restriction to be filed in the office of the
County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties
and successors in interest that. the City of Carlsbad has issued a Nonconforming
Construction Permit on the real property owned by the owner/applicant. Said Notice of
Restriction shall note the property description, location of the file containing complete project
details and all conditions of approval as well as any conditions or restrictions specified for
inclusion in the Notice of Restriction. The City Planner has the authority to execute and record
an amendment to the notice, which modifies or terminates said notice upon a showing of good
cause by the owner/applicant or successor in interest.
1 O. This approval shall become null and void if building permits are not issued for this project
w,ithin 24 months from the date of project approval.
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11. Developer shall report, in writing, to the City Planner within 30 days, any address change from
that which is shown on the permit application.
Engineering:
General
12. Prior to hauling dirt or construction materials to or from any proposed construction site within
this project, developer shall apply for and obtain approval from, the city engineer for the
proposed haul route.
13. This project is approved upon the express condition that building permits will not be issued for
the development of the subject property, unless the district engineer has determined that
adequate water and sewer facilities are available at the time of permit issuance and will
continue to be available until time of occupancy.
14. Developer shall install sight distance corridors at all street intersections and driveways in
accordance City Engineering Standards. The property owner shall maintain this condition.
15. Property owner shall maintain all landscaping (street trees, tree grates, shrubs, groundcover,
etc.) and irrigation along the parkway frontage with Pio Pico Drive and Magnolia Avenue as
shown on the Landscape Plan.
Fees/ Agreements
16. Developer shall cause property owner to execute and submit to the city engineer for
recordation, the city's standard form Geologic Failure Hold Harmless Agreement.
17. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city's standard form Drainage Hold Harmless Agreement.
18. Developer shall cause owner to execute, for recordation, a city standard Local Improvement
District Agreement to pay fair share contributions for undergrounding of all existing overhead
utilities and installation of street lights, as needed, along the project frontage, should a future
district be formed.
Grading
19. Upon a review of the proposed grading and the grading quantities shown on the tentative
map, a grading permit for this project is required. Developer shall prepare and submit plans
and technical studies/reports for city engineer review, post security and pay all applicable
grading plan review and permit fees per the city's latest fee schedule.
20. Prior to approval of the grading plans, the applicant shall submit a Construction Plan to the
city engineer for review and approval. Said Plan may be required to include, but not be limited
to, identifying the location -of the construction trailer, material staging, material deliveries,
bathroom facilities, parking of construction vehicles, employee parking, construction fencing
and gates, obtaining any necessary permission for off-site encroachment, addressing
pedestrian safety, and identifying time restrictions for various construction activities. All
material staging, construction trailers, bathroom facilities, etc. shall be located outside the
NCP 18-0002 (DEV2018-012~ ECONO LODGE EXPANSION.
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public right-of-way unless otherwise approved by the city engineer or Construction
Management & Inspection engineering manager.
Storm Water Quality
21. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include but
are not limited to pollution control practices or devices, erosion control to prevent silt runoff
during construction, general housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices or devices to prevent
or reduce the discharge of pollutants to stormwater, receiving water or stormwater
conveyance system to the maximum extent practicable. Developer shall notify prospective
owners and tenants of the above requirements.
22. Developer shall complete and submit to the city engineer a Determination of Project's SWPPP
Tier Level and Construction Threat Level Form pursuant to City Engineering Standards.
Developer shall also submit the appropriate Tier level Storm Water Compliance form and
appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) to the satisfaction of
the city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees
per the city's latest fee schedule.
23. Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist
Form. Developer is responsible to ensure that all final design plans, grading plans, and
building plans incorporate applicable best management practices (BMPs). These BMPs
include site design, source control and Low Impact Design (LID) measures including, but not
limited to, minimizing the use of impervious area (paving), routing run-off from impervious area
to pervious/landscape areas, preventing illicit discharges into the storm drain and adding
storm drain stenciling or signage_ all to the satisfaction of the city engineer.
24. Developer is responsible to ensure that all final design plans (grading plans, improvement
plans, landscape plans, building plans, etc.) incorporate all source control, site design
measures.
Dedications/Improvements
25. Developer _shall design the private drainage systems, as shown on the tentative map to the
satisfaction of the city engineer. All private drainage systems 12" diameter storm drain and
larger shall be inspected by the city. Developer shall pay the standard improvement plan
check and inspection fees for private drainage systems.
26. Prior to any work in city right-of-way or public easements, Developer shall apply for and obtain
a right-of-way permit to the satisfaction of the city engineer.
27. Developer shall prepare and process public improvement plans and, prior to city engineer
approval of said plans, shall execute a city standard Development Improvement Agreement
to install and shall post security in accordance with C.M.C. Section 20.16.070 for public
improvements shown on the site plan. Said improvements shall be installed to city standards
to the satisfaction of the city engineer. These improvements include, but are not limited to:
a) Install driveway approaches as shown on the site plan.
b) Install pervious sidewalk as shown on the site plan.
NCP 18-0002 (DEV2018-012~ ECONO LODGE EXPANSION
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c) Install curb ramp as shown on the site plan.
d) Install sewer and water services as shown on the site plan.
Developer shall pay the standard improvement plan check and inspection fees. Improvements
listed above shall be constructed within 36 months of approval of the development
improvement agreement or such other time as provided in said agreement.
Utilities
28. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows,
fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if·
proposed, shall be considered p1,1blic improvements and shall be served by public water mains
to the satisfaction of the district engineer.
29. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
30. The developer shall design landscape and irrigation plans utilizing recycled water as a source
and·prepare and submit a colored recycled water use map to the Planning Department for
processing and approval by the district engineer.
31. Developer shall install potable water services and meters at locations approved by the district
engineer. The locations of said services shall be reflected on public improvement plans.
32. The developer shall install sewer laterals and clean-outs at locations approved by the city
engineer. The locations of sewer laterals shall be reflected on public improvement plans.
33. The developer shall design and construct public water, and sewer facilities substantially as
shown on the site plan to the satisfaction of the district engineer and city engineer.
34. Developer shall locate utility transformers or water backflow preventers outside the public
right-of-way to the satisfaction of the city engineer.
35. Developer shall underground the existing overhead utility lines in conflict with the new building
as shown on the site plan.
Code Reminders:
36. Approval of this request shall not excuse compliance with all applicable sections of the Zoning
Ordinance and all other applicable City ordinances in effect at time of building permit issuance,
except as otherwise specifically provided herein.
37. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 17.04.060. ·
38. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section
13.1 O of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT)
and floor area contained in the staff report and shown on the tentative map are for planning
purposes only.
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NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
You have 90 days from the date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a) and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow
that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul
their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES
NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning,
grading or other similar application processing or service fees in connection with this project; NOR
DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar
to this, or as to which the statute of limitations has previously otherwise expired.
This decision may be appealed by you or any other member of the public to the Planning
Commission within ten days of the date of this letter. Appeals must be submitted in writing to the
Planning Division at 1635 Faraday Avenue in Carlsbad, along with a payment of $876. The filing
of such appeal within such time limit shall stay the effective date of the order of the City Planner
until such time as a final decision on the appeal is reached. If you have any questions regarding
this matter, please feel free to contact Esteban Danna at (760) 602-4629.
· Sincerely,
.-r:~ I.(,_/ __ -~&
TERI DELCAMP
Principal Planner
TD:ED:prc
c: Tecla Levy, Project Engineer
Don Neu, City Planner
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