HomeMy WebLinkAbout2007-03-07; Planning Commission; Resolution 62561 PLANNING COMMISSION RESOLUTION NO. 6256
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CHANGE FROM MULTIPLE-
4 FAMILY RESIDENTIAL (R-3) TO TOURIST COMMERCIAL
(C-T) ON A .49-ACRE PARCEL GENERALLY LOCATED
WEST OF LINCOLN STREET BETWEEN PINE AVENUE
6 AND OAK AVENUE IN LOCAL FACILITIES MANAGEMENT
ZONE1.
7 CASE NAME: DKN HOTEL
CASE NO: ZC 05-028 , ; :—:
9 WHEREAS, Dahya Bhai L. and Shantaben Patel, "Developer/Owner," has
I o filed a verified application with the City of Carlsbad regarding property described as
II 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,
13 County of San Diego, State of California. APN 203-250-08 and
26-00
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("the Property"); and
, r WHEREAS, said application constitutes a request for a Zone Change as shown on
17 Exhibit "ZC 05-02" dated March 7, 2007, attached hereto and on file in the Planning
18 Department, DKN HOTEL - ZC 05-02, as provided by Chapter 21.52 of the Carlsbad
Municipal Code; and
20 WHEREAS, the Planning Commission did on the 7th day of March, 2007, hold a
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duly noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
24 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
25 relating to the Zone Change.
26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
27 Commission as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
2 RECOMMENDS APPROVAL of DKN HOTEL - ZC 05-02 based on the
following findings and subject to the following conditions:
3 ' •
Findings:4 .
<- 1. That the proposed Zone Change from Residential-Multiple-Family (R-3) to Tourist
Commercial (C-T) is consistent with the goals and policies of the various elements of
6 the General Plan, in that the proposed C-T Zone implements the Travel/Recreation
Commercial General Plan Land Use designation and would be compatible with
7 surrounding uses of Village Redevelopment (Commercial Tourist and Commercial)
to the north and west and Multiple-Family Residential to the south and east. The
site is topographically suitable for the development of hotel uses, as the site is
g relatively flat and presently developed with a 28-room motel and a single family
residence. The site is accessible by vehicles from Carlsbad Boulevard which is
10 adequate in size and capacity to serve the site. The proposed C-T Zoning
designation would not result in any unavoidable adverse impacts to the area.
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.2. That the Zone Change will provide consistency between the General Plan and Zoning as
mandated by California State law and the City of Carlsbad General Plan Land Use
13 Element, in that the Tourist Commercial Zone implements the Travel/Recreation
Commercial General Plan Land Use designation.
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3. That the Zone Change is consistent with the public convenience, necessity, and general
* welfare, and is consistent with sound planning principles in that the proposed location is
-. x- necessary and desirable to provide hotel services to the visitors of Carlsbad, which
will contribute to the well being of people in the community. The proposed use will
17 not be detrimental to the health, safety, or welfare of persons working or living in
the vicinity, or injurious to property or improvements in the vicinity in that
18 adequate separation and buffering of uses is proposed.
19 Conditions:
20 1. If any of the following conditions fail to occur; or if they are, by their terms, to be
21 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
22 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
issued under the authority of approvals herein granted; record a notice of violation on the
24 property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
25 or a successor in interest by the City's approval of this Zone Change.
2" 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
27 and modifications to the Zone Change documents, as necessary to make them internally
consistent and in conformity with the final action on the project. Development shall
28 occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
PC RESO NO. 6256 -2-
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
2 regulations in effect at the time of building permit issuance.
3 4. If any condition for construction of any public improvements or facilities, or the payment
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
- 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
6 with all requirements of law.
7 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
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 Zone Change, (b) City's
10 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, 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 survives until all legal proceedings have
13 been concluded and continues even if the City's approval is not validated.
14 6. This approval is granted subject to the approval of the Negative Declaration and GPA
06-01, LCPA 05-02, CDP 05-14, SDP 05-04 and RP 05-03 and is subject to all
conditions contained in Planning Commission Resolutions No. 6254, 6255, 6257, 6258
,,- and 6259 and Design Review Board Resolution No. 319 for those other approvals.
NOTICE
18 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."
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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
~r. 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
23 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
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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 fees/exactions of which you have previously been given a
27 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PC RESO NO. 6256 -3-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, held on the 7th day of March, 2007, by the following vote,
to wit:
AYES: Chairperson Baker, Commissioners Cardosa, Dominguez,
Douglas, Montgomery, and Segall
NOES: None
ABSENT: Commissioner Whitton
ABSTAIN: None
JULIE BAKER, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PC RESO NO. 6256 -4-
Exhibit ZC 05-02
March 7, 2007
1 RESOLUTION NO.
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING SECTION 21.05.030 OF
3 THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO
THE ZONING MAP TO GRANT A ZONE CHANGE, ZC 05-02,
4 FROM MULTIPLE-FAMILY RESIDENTIAL (R-3) TO TOURIST
COMMERCIAL (C-T) ON A .49-ACRE PARCEL GENERALLY
5 LOCATED WEST OF LINCOLN STREET BETWEEN PINE
AVENUE AND OAK AVENUE IN LOCAL FACILITIES
6 MANAGEMENT ZONE 1.
CASE NAME: DKN HOTEL
7 CASE NO.: ZC 05-02
8 The City Council of the City of Carlsbad, California, does hereby resolve as
follows:
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SECTION I: That Section 21.050.30 of the Carlsbad Municipal Code, being the
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zoning map, is amended as shown on the map marked Exhibit "ZC 05-02," dated March 7, 2007
attached hereto and made a part hereof.
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SECTION II: That the findings and conditions of the Planning Commission as set
14 forth in Planning Commission Resolution No. 6256 constitute the findings and conditions of the
15 City Council.
EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty days
17 after its adoption but not until Local Coastal Program Amendment LCPA 05-02 is approved by
18 the California Coastal Commission, and the City Clerk shall certify to the adoption of this
19 ordinance and cause it to be published at least once in a publication of general circulation in the
90 City of Carlsbad within fifteen days after its adoption.
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1 PASSED AND ADOPTED at a regular meeting of the City Council of the City of
2 Carlsbad on the day of 2007, by the following vote, to wit:
3 AYES:
4 NOES:
5 ABSENT:
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CLAUDE A. LEWIS, Mayor
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10 ATTEST:
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12 LORRAINE M. WOOD, City Clerk
13 (SEAL)
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ZC 05-02 DKN Hotel
DRAFT
MARCH 7, 2007
EXISTING
PROPOSED
Related Case File No(s): GPA 05-05/LCPA05-02/SDP 05-04
/CDP 05-1 4/RP 05-03
G.P. Map Designation Change
Property
A. 203-250-08-00
B. 203-250-26-00 For
C.
D.
From:
R-3
R-3
To:
CT
CT