HomeMy WebLinkAbout2005-03-16; Planning Commission; Resolution 58541
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PLANNING COMMISSION RESOLUTION NO. 5854
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
ALLOW AN APPROXIMATELY 6,000 SQUARE FOOT
CONFERENCE CENTER BUILDING AT THE EXISTING
HILTON GARDEN INN ON PROPERTY GENERALLY
LOCATED ON THE SOUTHEAST CORNER OF PALOMAR
AIRPORT ROAD AND CARCSBAD BOULEVARD IN LOCAL
FACILITIES MANAGEMENT ZONE 22.
CASE NAME: HILTON CONFERENCE CENTER
DEVELOPMENT PLAN AMENDMENT SDP 97-19(A) TO
CASE NO.: SDP 97-19(A)
WHEREAS, Wave Crest Resorts, LLC, “Developer/Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
A portion of Lot “H” of Rancho Agua Hedionda, in the City of
Carlsbad, County of San Diego, State of California, according
to partition map thereof no. 832, 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 Site Development
Plan Amendment as shown on Exhibits “A” - “H” dated March 16, 2005, on file in the
Planning Department, HILTON CONFERENCE CENTER - SDP 97-19(A) as provided by
Chapter 21.06 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 16th day of March, 2005, 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 testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Site Development Plan Amendment.
WHEREAS, on February 10, 1998, the City Council approved, SDP 97-19, as
described and conditioned in Planning Commission Resolution No. 4220.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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 Planning
Commission APPROVES HILTON CONFERENCE CENTER - SDP 97-
19(A) based on the following findings and subject to the following conditions:
Findings:
1. That the requested use is properly related to the site, surroundings and environmental
settings, is consistent with the various elements and objectives of the General Plan, will
not be detrimental to existing uses or to uses specifically permitted in the area in which
the proposed use is to be located, and will not adversely impact the site, surroundings or
traffic circulation, in that the proposed conference center provides needed meeting
space for hotel guests and other groups; is consistent with the Travel-Recreational
Commercial land use designation; additional parking is provided for the conference
center building; parking lot circulation and fire safety apparatus would meet City
Standards; and the proposed architecture matches the existing hotel building.
2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that the proposed structure and parking area fit within the project site without the
need for variances to zoning or Engineering standards.
3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that it meets all applicable setbacks; and perimeter
landscaping will be provided around the proposed building.
4. That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the project site is served by Carlsbad
Boulevard, a major arterial, which can accommodate the approximately 120
additional average daily trips generated by the proposed use.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to grading or
building permit, whichever occurs first.
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 shall have the right to
revoke or modifl 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; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
PC RES0 NO. -2-
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conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City’s approval of this Site Development Plan
Amendment.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Site Development Plan Amendment documents, as 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. Any proposed
development different from this approval, shall require an amendment to this approval.
3. This approval is granted subject to the approval of CUP 04-21 and CDP 97-40(A) and is
subject to all conditions contained in Planning Commission Resolutions No. 5853 and
5855 for those other approvals incorporated herein by reference.
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 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 feedexactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PC RES0 NO. -3-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 16th day of March 2005, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, Montgomery and Whitton
NOES:
ABSENT:
ABSTAIN: 3 JEFFRE N. ALL, C rperson
CARLSBAD PLANNING COMMISSION
ATTEST:
h
DON NEU
Assistant Planning Director
PC RES0 NO. -4-