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HomeMy WebLinkAbout2007-03-07; Planning Commission; Resolution 62581 PLANNING COMMISSION RESOLUTION NO. 6258 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF COASTAL DEVELOPMENT PERMIT CDP 05- 4 14 FOR THE DEMOLITION OF A HOTEL, RESTAURANT, 5 AND SINGLE FAMILY RESIDENCE AND FOR THE CONSTRUCTION OF A 3-STORY, 104-ROOM HOTEL 6 PROJECT ON PROPERTY LOCATED AT 3136 CARLSBAD BOULEVARD ON THE EAST SIDE OF CARLSBAD 7 BOULEVARD BETWEEN PINE AVENUE AND OAK AVENUE IN THE MELLO II SEGMENT OF THE LOCAL 8 COASTAL PROGRAM AND IN LOCAL FACILITIES 9 MANAGEMENT ZONE 1. CASE NAME: DKN HOTEL 10 CASE NO.: CDP 05-14 11 WHEREAS, Dahya Bhai L. and Shantaben Patel, "Developer/Owner," has 12 filed a verified application with the City of Carlsbad regarding property described as 13 Portion of Block 18, Town of Carlsbad per Map No. 775, 14 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 16 26-00 17 ("the Property"); and 1 8 WHEREAS, said verified application constitutes a request for a Coastal 19 Development Permit as shown on Exhibits "A" - "R" dated March 7, 2007, on file in the 20 Planning Department, DKN HOTEL - CDP 05-14, as provided by Chapter 21.201.040 of the 21 Carlsbad Municipal Code; and 23 WHEREAS, the Planning Commission did, on the 7th day of March, 2007, hold 24 a duly noticed public hearing as prescribed by law to consider said request; and 95 WHEREAS, at said public hearing, upon hearing and considering all testimony 26 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 27 relating to the CDP. 28 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2 Commission of the City of Carlsbad as follows: 3 A) That the foregoing recitations are true and correct. 4 B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of DKN HOTEL - CDP 05-14 based on the 6 following findings and subject to the following conditions: 7 Findings: ° 1. That the portion of the proposed development in the Mello II Segment of the Local n Coastal Program is in conformance with the Certified Local Coastal Program and all applicable policies in that the site is designated with approval of GPA 05-05, ZC 05- 10 02, and LCPA 05-02 for hotel/motel development and the project consists of the construction of 104 hotel units on a .84 acre site; the development does not obstruct views of the coastline as seen from public lands or public rights-of-way or otherwise damage the visual beauty of the coastal zone; and no agricultural activities, sensitive resources, geological instability, or coastal access opportunities exist on the site. 13 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 14 of the Coastal Act in that no coastal access areas or water oriented recreational activities exist on or near the site. 15 The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff 18 Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil erosion. No steep slopes or native vegetation is located on the subject property and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. 21 4. 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 22 to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 23 Conditions:24 05 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building permit or grading permit, whichever occurs first. 26 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 27 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 PC RESO NO. 6258 -2- future building permits; deny, revoke, or further condition all certificates of occupancy 2 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 3 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 Coastal Development Permit. c 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit documents, as necessary to make 6 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 7 development, different from this approval, shall require an amendment to this approval. 8 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 9 regulations in effect at the time of building permit issuance. 10 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 12 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 13 all requirements of law. 14 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 16 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 Coastal Development Permit, 17 (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, IQ 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 20 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 21 ~~ 6. This approval is granted subject to the approval of the Negative Declaration, GPA 05- 05, ZC 05-02 and SDP 05-04 and is subject to all conditions contained in Planning 23 Commission Resolutions No. 6254, 6255, 6256, 6257 and 6259 for those other approvals. 24 7. The applicant shall apply for and be issued building permits for this project within two (2) years of approval or this coastal development permit will expire unless extended per 25 Section 21.201.210 of the Zoning Ordinance. 26 8. The applicant shall apply for and obtain a grading permit issued by the City Engineer. 27 9. The project site is located in an area that may contain soil material that is suitable 2° for beach sand replenishment. Prior to the issuance of a grading permit, and as part of the grading plan preparation, the developer shall test the soil material to be PCRESONO. 6258 -3- exported from the project site to determine the materials suitability for sand 2 replenishment. Material testing shall be conducted pursuant to the requirements of the Carlsbad Opportunistic Beach Fill Program (COBFP). If the material is deemed 3 suitable for beach replenishment pursuant to the guidelines established in the COBFP, the developer shall comply with the process outlined in the COBFP to transport and place the beach quality material on the beach site identified in the c COBFP. The city may refuse the placement of the exported material on the beach, if it is determined that any aspect of the project does not comply with the provisions 6 of the COBFP (i.e. seasonal restrictions on beach fill activities, quantity and quality of the material, etc.). The COBFP prohibits placement of beach fill on the beach 7 during the summer season (between the last Monday in May, Memorial Day, and the first Monday in September, Labor Day); therefore, if project construction will result in the export of the soil material from the site occurring during this summer 9 timeframe, the requirements of this condition shall not apply, but may be voluntary if the developer chooses to store the exported material until placement of sand on 10 the beach is permitted per the COBFP. 11 NOTICE 12 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." 15 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 16 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 i g annul their imposition. 19 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, 20 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 NOTICE similar to this, or as to which the statute of limitations has previously otherwise 22 expired. 23 24 25 26 27 28 PCRESONO. 6258 -4- 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: Chairperson Baker, Commissioners Cardosa, Dominguez, Douglas, Montgomery, and Segall NOES: None ABSENT: Commissioner Whitton ABSTAIN: None JULIE BA'KER, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6258 -5-