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HomeMy WebLinkAbout2007-03-07; Planning Commission; Resolution 62591 PLANNING COMMISSION RESOLUTION NO. 6259 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE DEVELOPMENT PLAN 05-04 FOR THE DEMOLITION OF A 4 HOTEL, RESTAURANT, AND SINGLE FAMILY RESIDENCE AND FOR THE CONSTRUCTION OF A 3-STORY, 104-ROOM HOTEL PROJECT ON PROPERTY LOCATED AT 3136 6 CARLSBAD BOULEVARD ON THE EAST SIDE OF CARLSBAD BOULEVARD BETWEEN PINE AVENUE AND 7 OAK AVENUE IN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES 8 MANAGEMENT ZONE 1. 9 CASE NAME: DKN HOTEL CASE NO.: SDP 05-04 10 WHEREAS, Dahya Bhai L. and Shantaben Patel, "Developer/Owner," has , 2 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, Recorded 2-15-1894 and Portion of Tract 100, Carlsbad Lands 14 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 15 26-00 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Site Development i Q Plan as shown on Exhibits "A" - "R" dated March 7, 2007, on file in the Planning Department, 20 DKN HOTEL - SDP 05-04 as provided by Chapter 21.06/Section 21.53.120 of the Carlsbad 21 Municipal Code; and 22 WHEREAS, the Planning Commission did, on the 7th day of March, 2007 , hold 23 a duly noticed public hearing as prescribed by law to consider said request; and 24 WHEREAS, at said public hearing, upon hearing and considering all testimony £^*J and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 27 relating to the Site Development Plan. 28 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. 2 B) That based on the evidence presented at the public hearing, the Planning 3 Commission APPROVES DKN HOTEL - SDP 05-04 based on the following findings and subject to the following conditions: 4 r Findings: 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 7 | 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 104 room hotel use is appropriate in the a Travel/Recreation Commercial Land Use and Tourist Commercial (C-T) Zoning designations, that the proposed development meets the minimum development 10 standards for the C-T Zone and that adequate separation and buffers would ensure compatibility with the adjacent Multi-Family Residential and Commercial Uses. 11 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that the project complies with all City policies and standards without the need for a variance from development standards. 14 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 15 provided and maintained, in that the project provides the required setbacks, incorporates landscaping consistent with the City of Carlsbad Landscape Manual and screens adjacent land uses from the outdoor recreational component of the site 17 with building mass. 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 takes vehicular access from 19 Carlsbad Boulevard, a major arterial roadway with adequate capacity to serve the project. The project presently generates 372 ADT and the existing Carlsbad Boulevard roadway is adequate to handle 452 ADT increase in the traffic generated 01 by the proposed hotel use, for a total ADT generation of 824 Trips. 22 5. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). 23 The Planning Commission has reviewed each of the exactions imposed on the Developer 24 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 degree of the exaction is in rough proportionality to the impact caused by the project. 26 Conditions: 27 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a 28 building permit or grading permit, whichever occurs first. PC RESO NO. 6259 -2- 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 2 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 3 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 ~ 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 6 or a successor in interest by the City's approval of this Site Development Plan. 7 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Site Development Plan documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development 9 shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 10 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 12 4. If any condition for construction of any public improvements or facilities, or the payment 13 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 14 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. 16 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 17 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 in or indirectly, from (a) City's approval and issuance of this Site Development Plan, (b) City's approval or issuance of any permit or action, whether discretionary or 20 nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 21 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 been concluded and continues even if the City's 23 approval is not validated. 24 6. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar copy of the Site Plan reflecting the conditions approved by the final decision-making 25 body. 26 7. Prior to the issuance of a building permit, the Developer shall provide proof to the 27 Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 28 PC RESO NO. 6259 -3- 8. This project shall comply with all conditions and mitigation measures which are required 2 as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 3 9. Building permits will not be issued for this project unless the local agency providing 4 water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and 5 facilities will continue to be available until the time of occupancy. 7 10. Approval is granted for SDP 05-04 as shown on Exhibits "A" - "R", dated March 7, 2007, on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 11. This approval is granted subject to the approval of the Negative Declaration, GPA 05- 05, ZC 05-02, LCPA 05-02, CDP 05-14 and RP 05-03 and is subject to all conditions 11 contained in Planning Commission Resolutions No. 6254, 6255, 6256, 6257 and 6258 and Design Review Board Resolution No. 319 for those other approvals. 12 .- 12. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 14 13. Developer shall submit and obtain Planning Director approval of a Final Landscape and 15 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 18 14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 20 15. Developer shall pay the city wide Public Facilities Fee imposed by City Council Policy 21 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by 22 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this 24 approval will not be consistent with the General Plan and shall become void. 25 16. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. 28 17. Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County PC RESO NO. 6259 -4- Recorder, subject to the satisfaction of the Planning Director, notifying all interested 2 parties and successors in interest that the City of Carlsbad has issued a Site Development Permit by Resolution No. 6259 on the property. Said Notice of Restriction shall note the 3 property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in 4 - the Notice of Restriction. The Planning Director has the authority to execute and record r an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 6 18. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot high 7 masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the Planning Director. Enclosure shall be of similar colors and/or materials to the project to the 9 satisfaction of the Planning Director. ' 10 19. Developer shall submit and obtain Planning Director approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any 1 1 impacts on adjacent property. 12 20. The Developer shall follow the City of Carlsbad Cultural Resources Guidelines j3 during grading. A certified archeologist and a culturally affiliated Native American, with knowledge in cultural resources, should monitor all ground- 14 disturbing activities. 15 21. The hours of operation of the pool, spa and outdoor gathering area facilities shall be restricted to 6:00AM to 10:00 PM. 16 22. Deliveries and services from Lincoln Street shall be limited to the hours between 6:00 AM and 10:00 PM. 18 Code Reminders 19 23. Developer shall pay a landscape plan check and inspection fee as required by Section 20 20.08.050 of the Carlsbad Municipal Code. 21 24. Approval of this request shall not excuse compliance with all applicable sections of the 22 Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 23 25. The project shall comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Building Code. 25 26. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 26 Code Section 18.04.320, ' 27. Any signs proposed for this development shall at a minimum be designed in conformance 2o with the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. PC RESO NO. 6259 -5- 28. Developer shall exercise special care during the construction phase of this project to 2 prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction 3 of the City Engineer. 4 NOTICE 5 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." g 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 9 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. 12 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 NOTICE similar to this, or as to which the statute of limitations has previously otherwise 15 expired. 16 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6259 -6- 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 j(jLIE~BXKER, Chairperson ^RLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6259 -7-