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Home My WebLink About2000-04-05; Planning Commission; Resolution 4733t 0 0 t. II 1 2 3 4 5 6 7 PLANNING COMMISSION RESOLUTION NO. 4733 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL COASTAL DEVELOPMENT PERMIT AMENDMENT CDP 96-02(A) TO REPLACE 3,218 SQUARE FEET OF FUTURE RESTAURANT SPACE WITH 24 HOTEL UNITS ON PROPERTY LOCATED AT 5805 ARMADA DIUVE IN LOCAL FACILITIES MANAGEMENT ZONE 13. CASE NAME: GRAND PACIFIC PALISADES RESORT CASE NO.: CDP 96-02(A) g II WHEREAS, Grand Pacific Resorts, Inc., “Developer”/”Owner” has filec 9 /I verified application with the City of Carlsbad regarding property described as 10 11 12 Lot 14 of Carlsbad Tract No. 92-07 in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 13215, filed in the office of the County Recorder of San Diego County on June 30,1995. 13 14 (“the Property”); and 15 I/ WHEREAS, said verified application constitutes a request for a Coa: 16 Development Permit Amendment as shown on Exhibits “A” - “G” dated April 5, 2000, on : 17 in the Planning Department, GRAND PACIFIC PALISADES RESORT, CDP 96-02(A) 18 provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and 19 20 WHEREAS, the Planning Commission did, on the 5th day of April, 2000, hol 21 duly noticed public hearing as prescribed by law to consider said request; and 22 I/ WHEREAS, at said public hearing, upon hearing and considering all testimc 23 Il and arguments, if any, of all persons desiring to be heard, said Commission considered all fact 24 25 Ranch Hotel and Timeshare Resort, as described and conditioned in City Council Resolut 26 WHEREAS, on February 18, 1997, the City Council approved, Carlst relating to the CDP amendment. 27 11 No. 97-74. 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plann Commission of the City of Carlsbad as follows: e i 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 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Cornmiss: RECOMMENDS APPROVAL OF GRAND PACIFIC PALISAD RESORT, CDP 96-02(A) based on the following findings and subject to following conditions: Findings: 1. That the proposed development is in conformance with the Certified Local Coa: Program and all applicable policies in that the proposed project is consistent with Development standards and conditions of both the earlier Site Development P1, SDP 96-01, and the Carlsbad Ranch Specific Plan which serves as the implement] regulatory document for this area of the Mello I1 Segment of the LCP. Both of th projects were previously determined to be in compliance with the coastal policies the Mello I1 Segment. In addition, there are no steep slopes or native vegetation the site. All prior conditions of the earlier documents remain in effect with ' approval of the proposed project thus ensuring continued compliance with coas regulations. 2. The proposal is in conformity with the public access and recreation policies of Chaptc of the Coastal Act in that the overall project design includes a pedestrian promen; which is open to the public and no existing public access ways are affected by project. 3. The project complies with the requirements of the Coastal Resource Protection Over Zone as the project site has been graded pursuant to previous approvals and requi drainage. facilities have been installed. Site specific drainage improvements w required as conditions of approval for the other permits approved for the project. 1 limitations on when grading is permitted to occur in the Coastal Zone have been appl as a condition of this permit. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance c building 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 modify all approvals herein granted; deny or further condition issuance of future building permits; deny, revoke or further condition all certificates of occupa issued under the authority of approvals herein granted; institute and prosecute litigatiol 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 correcti and modifications to the Coastal Development Permit documents, as necessary to m them internally consistent and in conformity with the final action on the proj PC RES0 NO. 4733 -2- 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 0 0 Development shall occur substantially as shown on the approved Exhibits. Any propo: development different from this approval, shall require an amendment to this approval. 3. 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 paym 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 invz unless the City Council determines that the project without the condition complies M all requirements of law. 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend and h harmless the City of Carlsbad, its Council members, officers, employees, agents, i representatives, from and against any and all liabilities, losses, damages, demands, clai and costs, including court costs and attorney’s fees incurred by the City arising, direc or indirectly, from (a) City’s approval and issuance of this Coastal Development Pern (b) City’s approval or issuance of any permit or action, whether discretionary or nl 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. 15 11 6. Developer shall submit to the Planning Department a reproducible 24” x 36”, mj l6 II copy of the site plan reflecting the conditions approved by the final decision mak body. l7 11 7. Developer shall provide proof to the Planning Director fi-om the Carlsbad School Dist l8 II that this project has satisfied its obligation to provide school facilities. 19 20 21 22 23 24 25 26 27 28 8. Building permits will not be issued for this project unless the local agency provid water and sewer services to the project provides written certification to the City 1 adequate water service and sewer facilities, respectively, are available to the project at time of the application for the building permit, and that water and sewer capacity facilities will continue to be available until the time of occupancy 9. This approval is granted subject to the approval of SDP 96-01(A) and is subject to conditions contained in Planning Commission Resolution No. 4732 for those 01 approvals. 10. These conditions of approval are specific to CDP 96-02(a) and are an addition to conditions found in City Council Resolution No. 97-74. All conditions of ( Council Resolution No. 97-74 shall remain in full force and effect. 11. The applicant shall apply for and be issued building permits for this project within (2) years of approval or this coastal development permit will expire unless extended Section 21.201.210 of the Zoning Ordinance. 11 PC RES0 NO. 4733 -3- v 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 e 8 NOTICE Please take NOTICE that approval of your project includes the “imposition” of fe dedications, reservations, or other exactions hereafter collectively referred to for convenience “fees/exactions.” You have 90 days fkom date of final approval to protest imposition of these feedexactions. you protest them, you must follow the protest procedure set forth in Government Code Sect 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 tim 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 feedexactic DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planni zoning, grading or other similar application processing or service fees in connection with 1 project; NOR DOES IT APPLY to any feedexactions of which you have previously been gil a NOTICE similar to this, or as to which the statute of limitations has previously othem expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Plann Commission of the City of Carlsbad, California, held on the 5th day of April, 2000, by following vote, to wit: AYES: Chairperson Compas, Commissioners L’Heureux, Nielsen, Sega and Trigas NOES: ABSENT: Commissioners Heineman and Baker ABSTAIN: \ WILLIAM U&Ay COMPAS, Chairperson ‘ CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOL~MILHR Planning Director I/ PC RES0 NO. 4733 -4-