HomeMy WebLinkAbout1998-01-07; Planning Commission; Resolution 4221i
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PLANNING COMMISSION RESOLUTION NO. 4221
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A COASTAL DEVELOPMENT PERMIT NO.
OCCUPATION OF A 162 ROOlM HOTEL ON PROPERTY
GENERALLYLOCATEDONTHESOUTHEASTCORNEROF
CARLSBAD BOULEVARD AND PALOMAR AIRPORT ROAD
IN LOCAL FACILITIES MANAGIEMENT ZONE 22.
CASE NAME: PALOMAR I3EACH RESORT
CASE NO. : CDP 97-40
CDP 97-40 TO ALLOW TH[E CONSTRUCTION AND
WHEREAS, Palomar Beach Resort, LLC, “Developer”, has filed a
application with the City of Carlsbad regarding property owned by Balomar Beach
LLC, “Owner”, described as
A portion of Lot “H” of Rancho Aqua Hedionda, in the City of
Carlsbad, County of San Diego, State of California, according
to partition map thereof no. 823, filed in the Office of the
County Recorder of San Diego County, November 16,1896
(“the Property”); and
WHEREAS, said verified application constitutes a request for a
Development Permit as shown on Exhibits “A” I- “0“ dated January 7, 1998, on fil
Planning Department, Coastal Development Pe:rmit (CDP 97-40) as provided by
21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 7th day of Januar
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing;, upon hearing and considering all te
and arguments, if any, of all persons desiring to be heard, said Commission considered al
relating to CDP 97-40.
WHEREAS, the City Council adopted Urgency Ordinance NS-424 on
15, 1997, which requires all pending and future commercial projects within the area coy
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Urgency Ordinance NS-424 and subject to Planning Commission review shall be rec
undergo City Council review and approval regadless of current zoning ordinance rei
regarding review and approval of land use entitlements.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Con
RECOMMENDS APPROVAL of Coastal Development Permit CDI
based on the following findings and subject to the following conditions:
Findings:
1. That the proposed development is in conformance with the Mello I1 segmel
Certified Local Coastal Program and all applicable policies in that the developm
not obstruct views or otherwise damage the visual beauty of the shoreline
agricultural activities, sensitive resources, geologic instability or coasta
opportunities exist on site.
2. The project site is not located in the Coastal Agriculture Overlay Zone, acco
Map X of the Land Use Plan, certified September, 1980, and, therefore
subject to the provisions of the Coastal Agriculture Overlay Zone (Chaptel
of the Zoning Ordinance).
3. The project is consistent with the provisions of the Coastal Resource Pr
Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the proj
adhere to the City’s Master Drainage and Storm Water Quality Managemt
and Grading Ordinance to avoid increased runoff and soil erosion, no stee:
exist on the property and the site is not located in areas prone to lar
susceptible or accelerated erosion, floods or liquefaction.
4. The project site is not located between the sea and the first public road pa
the sea and, therefore, is not subject to the provisions of the Coastal Sk
Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance).
5. The project is not located within the Mello I LCP Segment and is, therefc
subject to the provisions of that segments Coastal Resource Overlay 2
described in Chapter 21.205 of the Zoning Ordinance.
Conditions:
1. The Planning Commission does hereby NICOMMENDS APPROVAL of the
Development Permit for the project entitled Palomar Beach Resort (Exhibits “A
~ PC RES0 NO. 4221 -2-
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dated January 7, 1998 on file in the Pl.anning Department and incorporatec
reference, subject to the conditions herein set forth.) Staff is authorized and di
make, or require Developer to make, all corrections and modifications to the
Development Permit documents, as necessary, to make them internally consist€
conformity with final action on the project. Development shall occur substa
shown in the approved Exhibits. Any proposed development substantially diffeI
this approval, shall require an amendment to this approval.
2. Building permits shall be issued for this project within two (2) years of app
this coastal development permit will expire unless extended per Section 21
of the Zoning Ordinance.
3. Prior to the issuance of building permits, a grading permit issued by
Engineer shall be approved.
4. Approval of CDP 97-40 is granted subject to the approval of SDP 97-19. CDP
subject to all conditions contained in Planning Commission Resolution No. #
SDP 97-19.
PASSED, APPROVED AND ADOPTED at a regular meeting of the :
Commission of the City of Carlsbad, California, held on the 7th day of January, 1991
following vote, to wit:
AYES: Chairperson Noble, Commissioner’s Compas, Heineman, h
Nielsen, Savary, and Welshons
NOES:
ABSENT:
ABSTAIN:
CARLSBAD KANNING COMMISSION
ATTEST:
~ 1 PC RES0 NO. 4221 -3 -