The URL can be used to link to this page

Home My WebLink About1999-11-17; Planning Commission; Resolution 4679k 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 1, 0 0 PLANNING COMMISSION RESOLUTION NO. 4679 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING 06 TO DEVELOP A 98 UNIT BUSINESS HOTEL ON PROPERTY GENERALLY LOCATED AT THE SOUTHEAST CORNER OF CANNON ROAD AND AVENIDA ENCINAS, APPROVAL OF COASTAL DEVELOPMENT PERMIT CDP 99- WITHIN THE CITY’S COASTAL ZONE, THE COM- MERCIAL/VISITOR-SERVING OVERLAY ZONE AND IN LOCAL FACILITIES MANAGEMENT ZONE 3. CASE NAME: INNS OF AMERICA CASE NO.: CDP 99-06 WHEREAS, Herrick Development, Inc., “Developer”, has filed a verif application with the City of Carlsbad regarding property owned by Ray and Barbara Win1 “Owner”, described as A portion of Lot H per Map 823, Rancho Agua Hedionda, as recorded in the Office of the County Recorder, San Diego County, State of California on May 1,1915. APN: 210-090-52 (“the Property”); and WHEREAS, said verified application constitutes a request for a Coa Development Permit as shown on Exhibits “A”-“K” dated November 17, 1999,on file in Planning Department, INNS OF AMERICA, CDP 99-06, as provided by Chapter 21.201.04( the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 17th day of November 15 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 testim and arguments, if any, of all persons desiring to be heard, said Commission considered all fac relating to the CDP. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plaru Commission of the City of Carlsbad as follows: ll 0 0 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 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commiss RECOMMENDS APPROVAL of INNS OF AMERICA, CDP 99-06ibased the following findings and subject to the following conditions: Findinw: - 1. That the proposed development is in conformance with the Certified Local Coa: Program and all applicable policies in that the proposed business hotel is conditionally allowed use for the Planned Industrial designated property per LCP designation. Specific LCP overlay zones do not apply. The provision of hc or motel rooms in the coastal zone is supported in general terms by the LCP a Policy 6-5 which cites the need to provide additional visitor-serving rooms into area. 2. The proposal is in conformity with the public access and recreation policies of Chaptc of the Coastal Act in that the project is not located adjacent to the ocean shoreline a coastal lagoon. Therefore, the project will not interfere with the public’s righl physical access to the sea or a lagoon: and the site is not suited for any form water-oriented recreational activity. 3. Since this project is also located in the CommerciaWisitor-Serving Overlay Zo the findings contained in Planning Commission Resolution No. 4678 for CUP 99 regarding the Overlay Zone’s required findings are hereby incorporated reference. Likewise, the Environmental Finding contained in the Resolution 1 4678 is hereby incorporated by reference. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to build permit. 1. If any of the following conditions fail to occur; or if they are, by their terms, to implemented and maintained over time, if any of such conditions fail to be implemented and maintained according to their terms, the City shall have the righ revoke or modi@ all approvals herein granted; deny or further condition issuance ol hture building permits; deny, revoke or further condition all certificates of occupa issued under the authority of approvals herein granted; institute and prosecute litigatio: compel their compliance with said conditions or seek damages for their violation. vested rights are gained by Developer or a successor in interest by the City’s approva this Coastal Development Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all correctj and modifications to the CDP 99-06 documents, as necessary to make them intern consistent and in conformity with the final action on the project. Development s occur substantially as shown on the approved Exhibits. Any proposed developn different from this approval, shall require an amendment to this approval. I ... I PC RES0 NO. 4679 -2- 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 0 0 3. The Developer shall comply with all applicable provisions of federal, state, and lo ordinances in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the pap of any fees in-lieu thereof, imposed by this approval or imposed by law on this Proj are challenged, this approval shall be suspended as provided in Government Code Sect 66020. If any such condition is determined to be invalid this approval shall be inv: unless the City Council determines that the project without the condition complies M all requirements of law. 5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend i hold harmless the City of Carlsbad, its Council members, officers, employees, agents, : representatives, from and against any and all liabilities, losses, damages, demands, claj and costs, including court costs and attorney’s fees incurred by the City arising, dire( or indirectly, from (a) City’s approval and issuance of this Coastal Development Perr (b) City’s approval or issuance of any permit or action, whether discretionary or n discretionary, in connection with the use contemplated herein, and Developer/Operator’s installation and operation of the facility permitted here including without limitation, any and all liabilities arising from the emission by facility of electromagnetic fields or other energy waves or emissions. 6. This approval is granted subject to the approval of CUP 99-03 and is subject to conditions contained in Planning Commission Resolution No. 4678 for those ot approvals 7. The applicant shall apply for and be issued building permits for this project within 1 (2) years of approval or this coastal development permit will expire unless extended Section 21.201.210 of the Zoning Ordinance. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fi dedications, reservations, or other exactions hereafter collectively referred to for conveniens “fees/exactions.” You have 90 days from date of final approval to protest imposition of these fees/exactions. you protest them, you must follow the protest procedure set forth in Government Code Secl 66020(a), and file the protest and any other required information with the City Manager processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to tin follow that procedure will bar any subsequent legal action to attack, review, set aside, void annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactj DOES NOT APPLY to water and sewer connection fees and capacity charges, nor plann zoning, grading or other similar application processing or service fees in connection with project; NOR DOES IT APPLY to any feedexactions of which you have previously been gj a NOTICE similar to ths, or as to which the statute of limitations has previously othen I expired. PC RES0 NO. 4679 -3- 7 * 1 2 3 4 5 6 7 8 9 e 8 PASSED, APPROVED AND ADOPTED at a regular meeting of the Plann Commission of the City of Carlsbad, California, held on the 17th day of November, 1999, the following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, L’Heureux, Nielsen, Segall, Trigas, and Welshons NOES: ABSENT: ABSTAIN: 10 11 12 - 13 14 COURTNEY E. HEINEMAN, Chairperson CART3BAD PLANNING COMMISSION 19 20 21 22 23 24 25 26 27 28 11 PC RES0 NO. 4679 -4-