HomeMy WebLinkAbout2008-06-02; Design Review Board; Resolution 3291 DESIGN REVIEW BOARD RESOLUTION NO. 329
2 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF
3 CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF COASTAL
DEVELOPMENT PERMIT NUMBER CDP 07-25 FOR THE CONSTRUCTION
4 OF A MIXED-USE DEVELOPMENT PROJECT CONSISTING OF 39 HOTEL
ROOMS, TWELVE (12) CONDOMINIUM UNITS AND 2,815 SQUARE FEET
5 OF RESTAURANT SPACE ON THE PROPERTY LOCATED AT 3100 AND
3150 OCEAN STREET IN LAND USE DISTRICT 9 OF THE CARLSBAD
6 VILLAGE REDEVELOPMENT AREA AND IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
7 CASE NAME: LUMIERE CARLSBAD VILLAGE HOTEL
APN: 203-260-14 & 203-260-15
8 CASE NO.: CDP 07-25
WHEREAS, Bob Ladwig, "Applicant", has filed a verified application with the
Redevelopment Agency of the City of Carlsbad regarding property owned by KB Carlsbad
11 Investors, LLC and Thomas M. Funke, "Owners", described as Assessor Parcel Numbers
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203-250-21 & 203-250-22, and more thoroughly described in Attachment A, ("the Property");
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and
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WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits "A-R" dated June 2, 2008, on file in the Housing16
17 and Redevelopment Department, "Lumiere Carlsbad Village Hotel RP 07-14/CDP 04-30/CT
18 07-11" as provided by Chapter 21.81.040 of the Carlsbad Municipal Code; and
19 WHEREAS, the Design Review Board did, on the 2nd day of June 2008, hold a
20 duly noticed public hearing as prescribed by law to consider said request; and
21 WHEREAS, at said public hearing, upon hearing and considering all testimony
22 and arguments, if any, of all persons desiring to be heard, said Board considered all factors
23 relating to the CDP.
24 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review Board
25 of the City of Carlsbad as follows:
*~)f\A) That the foregoing recitations are true and correct.
27 B) That based on the evidence presented at the public hearing, the Board
28 RECOMMENDS APPROVAL of Lumiere Carlsbad Village Hotel CDP 07-25
based on the following findings and subject to the following conditions:
Findings:
2 1. That the proposed development is in conformance with the Carlsbad Village Area
Redevelopment Plan and the Carlsbad Village Redevelopment Master Plan and
Design Manual, which serve as the Certified Local Coastal Program for the City of
4 Carlsbad Segment of the California Coastal Zone and all applicable policies in that
the development does not obstruct views or otherwise damage the visual beauty
5 of the coastal zone, and no agricultural activities, sensitive resources, geological
instability exist on the site.
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2. The proposal is in conformity with the public access and recreation policies of Chapter 3
7 of the Coastal Act in that the development will not alter physical or visual access to
the shore.8
3. The project is consistent with the provisions of the Coastal Resource Protection
Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that no steep slopes
, ~ exist within the proposed construction area, all grading will conform to the City's
erosion control standards, and the site is not prone to landslides or susceptible
to accelerated erosion, floods, or liquefaction.
12 Conditions:
13 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance
of building permits.
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1. If any of the following conditions fail to occur; or if they are, by their terms, to be
15 implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City/Agency shall have the
right to revoke or modify all approvals herein granted; deny or further condition issuance
of all future building permits; deny, revoke or further condition all certificates of
occupancy issued under the authority of approvals herein granted; institute and
prosecute litigation to compel their compliance with said conditions or seek damages for
their violation. No vested rights are gained by Developer or a successor in interest by
I o the City's/Agency's approval of this Coastal Development Permit.
20 2. Staff is authorized and directed to make, or require the Developer to make, all
corrections and modifications to the Coastal Development Permit documents, as
21 necessary to make them internally consistent and in conformity with the final action on
the project. Development shall occur substantially as shown on the approved Exhibits.
22 Any proposed development different from this approval, shall require an amendment to
this approval.
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3. The Developer shall submit to the Housing and Redevelopment Department a
24 reproducible 24" x 36", mylar copy of the Coastal Development Permit reflecting the
conditions approved by the final decision making body.
4. This approval is granted subject to the approval of RP 07-14 and CT 07-11 and is
subject to all conditions contained in Design Review Board Resolutions No. 328 and
-7 330 for those other approvals and incorporated by reference herein.
5. The applicant shall apply for and be issued building permits for this project within twenty-
four (24) months of approval or this coastal development permit will expire unless
extended per Section 21.81.160 of the Carlsbad Municipal Code.
DRB RESO NO. 329 -2-
1 6. Prior to the issuance of building permits, the applicant shall apply for and obtain a
grading permit issued by the City Engineer.
., 7. All construction activities shall be planned so that grading will occur in units that can be
easily completed within the summer construction season. All grading operations shall
4 be limited to April 1 to October 1 of each year. All areas disturbed by grading shall be
planted within 60 days of initial disturbance and prior to October 1 with temporary or
5 permanent (in the case of finished slopes) erosion control methods. The October 1
grading season deadline may be extended with the approval of the City Engineer
6 subject to implementation by October 1 of erosion control measures designed to prohibit
discharge of sediments offsite during and after the grading operation is completed.
7 Extensions beyond November 15 may be allowed in areas of very low risk of impact to
sensitive coastal resources and may be approved either as part of the original coastal
8 development permit or as a formal amendment to an existing coastal development
permit.
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DRB RESO NO. 329 -3-
1 NOTICE
2 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
3 reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
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You have 90 days from date of final approval to protest imposition of these fees/exactions. If
5 you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
6 processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
7 annul their imposition.
8 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Design
13 Review Board of the City of Carlsbad, California, held on the 2nd day of June 2, 2008, by the
14 following vote, to wit:
15 AYES: BAKER, LAWSON, PRIETTO,. SCHUMACHER AND WHITTON
16 NOES: NONE
17 ABSENT: NONE
18 ABSTAIN: NONE
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TONY LAWSON, CHAIRPERSON20 DESIGNJREVIEW BOARD
21 ATTEST: /
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DEBBIE FOUNTAIN
HOUSING AND REDEVELOPMENT DIRECTOR
DRB RESO NO. 329 -4-