HomeMy WebLinkAbout2009-04-15; Planning Commission; Resolution 65511 PLANNING COMMISSION RESOLUTION NO. 6551
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A COASTAL DEVELOPMENT PERMIT TO
4 REMODEL THE EXISTING VACANT HADLEY'S
5 COMMERCIAL BUILDING INTO A 21,281 SQUARE FOOT
COMBINATION ONE-AND-TWO STORY MULTI-USE
6 COMMERCIAL BUILDING THAT WILL INCLUDE A
RESTAURANT, MUSEUM AND MEETING ROOMS ON
7 PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF
PASEO DEL NORTE AND SOUTH OF PALOMAR AIRPORT
ROAD, WITHIN THE MELLO II SEGMENT OF THE LOCAL
9 COASTAL PROGRAM AND LOCAL FACILITIES
MANAGEMENT ZONE 3.
10 CASE NAME: GREEN DRAGON COLONIAL VILLAGE
CASE NO.: CDPQ8-13
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j 2 WHEREAS, Bruce Bartlett, "Developer/Owner," has filed a verified application
13 with the City of Carlsbad regarding property described as
14 Parcel 1 of Parcel Map No. 6022, in the City of Carlsbad,
County of San Diego, State of California, filed in the Office of
the County Recorder of San Diego County, June 8,1977 as File
16 No. 77-224223 (APN 211-040-21), and
17 That portion of Lot "H" of Rancho Agua Hedionda, in the City
of Carlsbad, County of San Diego, State of California,
according to map thereof No. 823, filed in the office of the
j9 County Recorder of San Diego County, November 16, 1896
(APN 211-050-04), and
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The southerly 120.00 feet (measured along the easterly line
21 thereof) of that portion of Lot "H" of Rancho Agua Hedionda,
in the County of San Diego, State of California, according to
map thereof No. 823, filed in the Office of the County Recorder
23 of San Diego County, November 16,1896 (APN 211-050-16)
24 ("the Property"); and
7^WHEREAS, said verified application constitutes a request for a Coastal
26 Development Permit as shown on Exhibits "A" - "Q" dated April 15, 2009, on file in the
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Planning Department, GREEN DRAGON COLONIAL VILLAGE - CDP 08-13, as provided
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by Chapter 21.201.040 of the Carlsbad Municipal Code; and
1 WHEREAS, the Planning Commission did, on April 15, 2009, hold a duly
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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 testimony4
5 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
6 relating to the CDP.
7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
11 RECOMMENDS APPROVAL of the GREEN DRAGON COLONIAL
12 VILLAGE - CDP 08-13 based on the following findings and subject to the
following conditions:
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Findings:
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1. That the proposed development is in conformance with the Mello II Segment of the
15 Certified Local Coastal Program and all applicable policies in that the proposed use is
... consistent with the Travel Service (TS) LCP Land Use designation; there is no
historic evidence of agricultural use of the property; the development does not
17 obstruct views of the coastline as seen from any public lands or public rights-of-
way; the project is consistent with the City of Carlsbad's HMP, which has been
18 developed so as to implement and be consistent with all provisions of the LCP; the
project has been designed to reduce the amount of runoff to the maximum extent
practicable, utilizes Low Impact Design (LID), and has been conditioned to
2Q implement the National Pollution Discharge Elimination System (NPDES)
standards; and the site is geologically stable.
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2. The proposal is in conformity with the public access and recreation policies of Chapter 3
22 of the Coastal Act in that the site is not located between the sea and the first public
road parallel to the sea, and therefore no coastal access areas or water-oriented
recreational activities exist on or near the project site.
24 3. The project is consistent with the provisions of the Coastal Resource Protection Overlay
25 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
26 Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff
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
2g site is not located in an area prone to landslides, or susceptible to accelerated erosion,
floods, or liquefaction.
PCRESONO. 6551 -2-
4. The Planning Commission has reviewed each of the exactions imposed on the Developer
2 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
3 degree of the exaction is in rough proportionality to the impact caused by the project.
4 Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
grading permit or building permit, whichever occurs first.
7 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
1 o 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
1 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.
13 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
14 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
5 development, different from this approval, shall require an amendment to this approval.
16 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
17 regulations in effect at the time of building permit issuance.
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
20 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
21 all requirements of law.
2?5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
23 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
24 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,
(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,
27 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
28 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
PCRESONO. 6551 -3-
6. This approval is granted subject to the approval of the Mitigated Negative Declaration
2 and Mitigation Monitoring and Reporting Program, and CUP 08-08 and is subject to
all conditions contained in Planning Commission Resolutions No. 6549 and 6550 for
3 those other approvals incorporated herein by reference.
7. Developer shall implement, or cause the implementation of, the GREEN DRAGON
5 COLONIAL VILLAGE - CUP 08-08/CDP 08-13 Project Mitigation Monitoring and
Reporting Program.
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8. The applicant shall apply for and be issued building permits for this project within three
' (3) years of approval or this coastal development permit will expire unless extended per
g Section 21.201.210 of the Zoning Ordinance.
9 NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
11 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
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
15 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
19 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.20
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on April 15, 2009, by the following vote,
to wit:
AYES:
NOES:
Commissioners Baker, Boddy, Cardosa, Douglas, Whitton, and
Chairperson Montgomery
ABSENT: Commissioner Dominguez
ABSTAIN:
MARTELLB. MONTGOJ
CARLSBAD PLANNING COMMIT
ATTEST:
DON NEU
Planning Director
PCRESONO. 6551 -5-