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Home My WebLink About2007-03-07; Planning Commission; Resolution 62551 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 PLANNING COMMISSION RESOLUTION NO. 6255 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A GENERAL PLAN AMENDMENT TO CHANGE THE GENERAL PLAN LAND USE ELEMENT DESIGNATION FROM RESIDENTIAL HIGH DENSITY TO TRAVEL/RECREATION COMMERCIAL ON A .49-ACRE SITE GENERALLY LOCATED WEST OF LINCOLN STREET BETWEEN PINE AVENUE AND OAK AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: DKN HOTEL CASE NO: GPA 05-05 WHEREAS, Dahya Bhai L. and Shantaben Patel, "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as Portion of Block 18, Town of Carlsbad per Map No. 775, Recorded 2-15-1894 and Portion of Tract 100, Carlsbad Lands per Map 1661, Recorded 3-1-1915, all in the City of Carlsbad, County of San Diego, State of California. APN 203-250-08 and 26-00 ("the Property"); and WHEREAS, said verified application constitutes a request for a General Plan Amendment as shown on Exhibit "GPA 05-05" dated March 7, 2007, attached hereto and on file in the Carlsbad Planning Department, DKN HOTEL - GPA 05-05, as provided in Government Code Section 65350 et. seq. and Section 21.52.160 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 7th day of March, 2007, 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 General Plan Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) That the above recitations are true and correct. 2 . B) That based on the evidence presented at the public hearing, the Commission 3 RECOMMENDS APPROVAL of DKN HOTEL - GPA 05-05, based on the following findings and subject to following conditions: 4 <- Findings: 1. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan based on,the facts set forth in the staff report dated March 7, 2007 including, but not limited to the following: Land Use: The Land Use designation change of .49 acres from Residential High Density (RH) to Travel/Recreation Commercial is for the purpose of developing a 104 room hotel. The proposed T-R Land Use designation would be compatible with adjacent Residential High Density and Village (Travel Recreation and Commercial) Land Uses. The site is presently developed with 11 an existing 28-room motel and single family residence. 12 Circulation: The change of Land Use designation to Travel/Recreation Commercial does not significantly increase the projected traffic generation. Therefore, the proposed changes would not result in any new significant project traffic impacts. The project presently generates 372 ADT and the existing Carlsbad Boulevard roadway is adequate to handle 452 ADT increase 15 in the traffic generated by the proposed hotel use, for a total ADT generation of 824 Trips. 16 Noise: The project has been designed to reduce the amount of potential noise impacts to adjacent residential land uses through building form and restricting , o the hours of outdoor activities. 19 Public Safety: All necessary water mains, fire hydrants, and appurtenances must be reviewed during building design and installed prior to occupancy of 20 any building. 2. The Planning Commission has reviewed each of the exactions imposed on the Developer ~~ contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the 23 degree of the exaction is in rough proportionality to the impact caused by the project. 24 Conditions: 25 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 modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy 28 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 RESO NO. 6255 -2- 1 conditions or seek damages for their violation. No vested rights are gained by Developer 2 or a successor in interest by the City's approval of this General Plan Amendment. 3 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the General Plan Amendment documents, as necessary to make 4 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. 6 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 7 regulations in effect at the time of building permit issuance. o 4. If any condition for construction of any public improvements or facilities, or the payment n of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code 10 Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 12 c Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold 13 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 14 and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a). City's approval and issuance of this General Plan Amendment, (b) City's approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 17 including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation 18 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated.19 2Q 6. This approval is granted subject to the adoption of the Negative Declaration and approval of ZC 05-02, LCPA 05-02 SDP 06-03 and CDP 05-14 and RP 05-03 and is 21 subject to all conditions contained in Planning Commission Resolutions No. 6254, 6256, 6257, 6258 and 6259 and Design Review Board Resolution No. 319 for those other 22 approvals. 23 24 25 26 27 28 PC RESO NO. 6255 -3- 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 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 7th day of March, 2007, by the following vote, to wit: AYES: NOES: Chairperson Baker, Commissioners Cardosa, Dominguez, Douglas, Montgomery, and Segall None ABSENT: Commissioner Whitton ABSTAIN: None JULIE BAKER, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6255 -4- GPA 05-05 DKN Hotel DRAFT MARCH 7, 2007 y \3,RH "" V OS EXISTING PROPOSED Related Case File No(s): ZC 05-02/LCPA05-02/SDP 05-04 /CDP 05-1 4/RP 05-03 G.P. Map Desig Property A. 203-250-08-00 B. 203-250-26-00 For C. D. From: RH RH nation Change To: TR TR