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Home My WebLink About2007-03-07; Design Review Board; Resolution 3201 DESIGN REVIEW BOARD RESOLUTION NO. 320 2 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF COASTAL DEVELOPMENT PERMIT 4 NUMBER CDP 05-14 TO ALLOW THE DEMOLITION OF A HOTEL, RESTAURANT, AND SINGLE FAMILY RESIDENCE TO ALLOW FOR THE CONSTRUCTION OF A 3-STORY, 1 04- 6 ROOM HOTEL PROJECT LOCATED AT 3136 CARLSBAD BOULEVARD ON THE EAST SIDE OF CARLSBAD 7 BOULEVARD BETWEEN PINE AVENUE AND OAK AVENUE IN LAND USE DISTRICT 9 OF THE CARLSBAD 8 VILLAGE REDEVELOPMENT AREA, IN, THE VILLAGE 9 ... .... .. ,_ REDEVELOPMENT-SEGMENT PROGRAM AND IN LOCAL FACILITIES .MANAGEMENT 10 ZONE 1, INCLUDING A VARIANCE FOR A PORTION OF THE NORTH SIDE YARD SETBACK THAT IS BELOW THE MINIMUM OF THE SETBACK STANDARD RANGE. CASE NAME: DKN HOTEL CASE NO.: _ CDP 05-14 13 WHEREAS, Dahya Bhai L. and Shantaben Patel, "Developer/Owner," has 14 filed a verified application with the Redevelopment Agency of the City of Carlsbad regarding property described as 17 Portion of Block 18, Town of Carlsbad per Map No. 775, Recorded 2-15-1894 and Portion of Tract 100, Carlsbad Lands 18 per Map 1661, Recorded 3-1-1915, all in the City of Carlsbad, 19 County of San Diego, State of California. APN 203-250-08 and 26-00 20 ("the Property"); and 21 WHEREAS, said verified application constitutes a request for a Coastal 23 Development Permit as shown on Exhibits "A-R" dated March 7, 2007, on file in the Housing 24 and Redevelopment Department, DKN HOTEL - RP 05-03/CDP 05-14 as provided by Chapter 25 21 .81 .040 of the Carlsbad Municipal Code; and 26 WHEREAS, the Design Review Board did, on the 7th day of March 2007, hold a 27 duly noticed public hearing as prescribed by law to consider said request; and 28 1 and arguments, if any, of all persons desiring to be heard, said Board considered all factors 4 WHEREAS, at said public hearing, upon hearing and considering all testimony 2 3 relating to the CDP. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review Board of the City of Carlsbad as follows: 7 A) That the foregoing recitations are true and correct. o B) That based on the evidence presented at the public hearing, the Board 9 . RECOMMENDS^ APPROVAL of. PKN,H(ITEL,^ CDP 05-14 based onjhe following findings and subject to the following conditions: 10 Findings: 11 1. That the portion of the proposed development within the Village Redevelopment Segment of the Local Coastal Program is in conformance with the Carlsbad Village 13 Area Redevelopment Plan and the Carlsbad Village Redevelopment Master Plan and Design Manual, which serve as the Certified Local Coastal Program for the 14 Village Redevelopment Segment of the City of Carlsbad Local Coastal Program and all applicable policies in that the development does not obstruct views or otherwise damage the visual beauty of the coastal zone, and no agricultural activities, sensitive resources, geological instability exist on the site. 17 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the development will not alter physical or visual access to 18 the shore. The project is consistent with the provisions of the Coastal Resource Protection ~~ Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that no steep slopes, environmental resources or agricultural resources exist within the proposed 21 construction area, all grading will conform to the City's erosion control standards, and the site is not prone to landslides or susceptible to accelerated erosion, floods, or 22 liquefaction. Conditions: 24 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of 25 building permits. 26 1. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City/Agency shall have the 28 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 DRB RESO NO. 320 -2- occupancy issued under the authority of approvals herein granted; institute and prosecute 2 litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the 3 City's/Agency's approval of this Coastal Development Permit. 4 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. 6 Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 7 3. The Developer shall submit to the Housing and Redevelopment Department a reproducible 24" x 36", mylar copy of the Coastal Development Permit reflecting the -Conditions,approved,byJhe_finaLdecision,making,body,««,__ ^ . 10 4. This approval is granted subject to the approval of the Negative Declaration and RP 05- 03 and is subject to all conditions contained in Design Review Board Resolutions No. 319 and 321 for those other approvals and incorporated by reference herein. 12 5. The applicant shall apply for and be issued building permits for this project within 13 twenty-four (24) months of approval or this coastal development permit will expire unless extended per Section 21.81.160 of the Carlsbad Municipal Code. 14 6. Prior to the issuance of building permits, the applicant shall apply for and obtain a grading permit issued by the City Engineer. 16 The project site is located in an area that may contain soil material that is suitable 17 for beach sand replenishment. Prior to the issuance of a grading permit, and as part of the grading plan preparation, the developer shall test the soil material to be exported from the project site to determine the materials suitability for sand replenishment. Material testing shall be conducted pursuant to the requirements of the Carlsbad Opportunistic Beach Fill Program (COBFP). If the material is deemed 20 suitable for beach replenishment pursuant to the guidelines established in the COBFP, the developer shall comply with the process outlined in the COBFP to transport and place the beach quality material on the beach site identified in the ~~ COBFP. The city may refuse the placement of the exported material on the beach, if it is determined that any aspect of the project does not comply with the provisions 23 of the COBFP (i.e. seasonal restrictions on beach fill activities, quantity and quality of the material, etc.). The COBFP prohibits placement of beach fill on the beach 24 during the summer season (between the last Monday in May, Memorial Day, and the first Monday in September, Labor Day); therefore, if project construction will result in the export of the soil material from the site occurring during this summer 26 timeframe, the requirements of this condition shall not apply, but may be voluntary if the developer chooses to store the exported material until placement of sand on 27 the beach is permitted per the COBFP. 28 DRB RESO NO. 320 -3- 1 2 3 4 5 6 7 8 —9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are^hereby-FURTHER-NOTIFIEB^that-your- righHo -protest-the specified- fees/exactions- DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Design Review Board of the City of Carlsbad, California, held on the 7th day of March, 2007, by the following vote, to .wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Lawson, Board members Baker and Schumacher None Board members Hamilton and Whitton None TQNYLAWSON, ACTING CHAIRPERSON DESIGNfllEVIEW BOARD ATTEST: DEBBIE FOUNTAIN HOUSING AND REDEVELOPMENT DIRECTOR DRB RESO NO. 320 -4-