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HomeMy WebLinkAbout2009-05-06; Planning Commission; Resolution 65581 PLANNING COMMISSION RESOLUTION NO. 6558 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT CDP 05-43 TO ALLOW 4 FOR THE DEMOLITION OF EXISTING STRUCTURES AND 5 TO DEVELOP A 215 ROOM, THREE-STORY HOTEL WITH 10,385 SQUARE FEET OF CONFERENCE SPACE, A 5,100 6 SQUARE FOOT DAY SPA, A 5,100 SQUARE FOOT RESTAURANT, A TWO-STORY PARKING STRUCTURE, A BASEMENT GARAGE, AND AN OUTDOOR SWIMMING POOL ON 8.01 ACRES OF LAND GENERALLY LOCATED SOUTH OF PONTO DRIVE AND EAST OF CARLSBAD 9 BOULEVARD IN LOCAL FACILITIES MANAGEMENT ZONE 22. 10 CASE NAME: HILTON CARLSBAD BEACH RESORT CASE NO.: CDP 05-4311 12 WHEREAS, Wave Crest Resorts II, LLC, "Developer/Owner," has filed a 13 verified application with the City of Carlsbad regarding property described as 14 A portion of that portion of the south 2/3rds of Lot 4 (southeast quarter of the southeast quarter) of Section 29, Township 12 South, Range 4 West, San Bernardino Meridian in the County 16 of San Diego, State of California according to official plat thereof further described as Assessor's Parcel Number 214- 17 590-04-00 18 ("the Property"); and 19 WHEREAS, said verified application constitutes a request for a Coastal 20 Development Permit as shown on Exhibits "A" - "ZZ" dated May 6, 2009, on file in the 21 Planning Department, HILTON CARLSBAD BEACH RESORT CD 05-43, as provided by 23 Chapter 21.201.040 of the Carlsbad Municipal Code; and 24 WHEREAS, the Planning Commission did, on May 6, 2009, hold a duly noticed public hearing as prescribed by law to consider said request; and 26 WHEREAS, at said public hearing, upon hearing and considering all testimony 27 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 28 relating to the CDP. 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 5 B) That based on the evidence presented at the public hearing, the Commission APPROVES HILTON CARLSBAD BEACH RESORT - CDP 05-43 based on 6 the following findings and subject to the following conditions: 7 Findings; ° 1. That the proposed development is in conformance with the Certified Local Coastal o Program and all applicable policies in that the LCP Land Use and Zoning designations for the site are Travel/Recreation Commercial (TR)/Residential Medium High 10 (RMH) and Tourist Commercial (C-T)TResidential Density- Multiple (RDM) respectively. The hotel and spa proposal is an allowed use within the TR Land Use 11 and C-T Zoning designations with the approval of a Coastal Development Permit. The three-story hotel and spa will not obstruct views of the coastline as seen from public land or the public Carlsbad Boulevard right-of-way, nor otherwise damage 13 the visual beauty of the coastal zone. Consistent with the mitigation criteria established for the approval of the Poinsettia Properties Specific Plan, the project is 14 subject to the payment of an Agricultural Conversion Mitigation fee. The proposed hotel and spa is not located in any known areas of geologic instability or flood hazard. There are no wetlands located within 100 feet of the project site and the site ,,- does not fall into any other category that qualifies it as being located within a Coastal Commission appeals area. 17 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 18 of the Coastal Act in that the property is not located adjacent to the shoreline, the beach, or coastal recreational opportunities and will therefore not preclude access to any of them. 20 3. The project is consistent with the provisions of the Coastal Resource Protection Overlay 21 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 22 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 24 site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. 25 4. The Planning Commission has reviewed each of the exactions imposed on the Developer 26 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. 28 PCRESONO. 6558 -2- Conditions; 2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a 3 grading permit. 4 1. If any of the following conditions fail to occur, or if they are, by their terms, to be r 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 6 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 7 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 9 or a successor in interest by the City's approval of this Coastal Development Permit. 10 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 them internally consistent and in conformity with the final action on the project. 19 Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 13 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 14 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 15 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 17 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. 19 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 20 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 21 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 23 nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 24 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 25 approval is not validated. 27 6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of the Site Plan reflecting the conditions approved by the final decision-making body. 28 PC RESO NO. 6558 -3- 7. Developer shall include, as part of the plans submitted for any permit plancheck, a 2 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format. 3 8. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its 5 obligation to provide school facilities. 6 9. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 22 Local Facilities Management Plan and any amendments made to ' that Plan prior to the issuance of building permits. Q 10. Building permits will not be issued for this project unless the local agency providing 9 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 10 time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. 12 11. This approval is granted subject to the approval of RP 05-11, SDP 05-14, and CDP 09- 04; will become effective as of the effective date of all associated permits; and is 13 subject to all conditions contained in Planning Commission Resolutions No. 6555, 6556, and 6559 for those other approvals incorporated herein by reference. 1 c 12. The applicant shall apply for and be issued building permits for this project within four (4) years of the effective date of approval or this coastal development permit will expire 16 unless extended per Section 21.201.210 of the Zoning Ordinance. 13. Prior to the issuance of building permits, the applicant shall apply for and obtain a grading permit issued by the City Engineer.1 8 19 14. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 20 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable 21 Local Facilities Management Plan fee for Zone 22, pursuant to Chapter 21.90. All such 22 taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 23 15. Developer shall implement, or cause the implementation of, those portions of the Ponto 24 Beachfront Village Vision Plan (EIR 05-05) Mitigation Monitoring and Reporting ~<- Program that are deemed applicable by the Planning Director. 26 16. Prior to the issuance of a grading permit, 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 27 be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a(n) Coastal Development Permit by Resolution(s) No. 6558 on the property. Said Notice of Restriction shall note the property description, location of the PC RESO NO. 6558 -4- file containing complete project details and all conditions of approval as well as any 2 conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice 3 which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 4 r 17. Prior to the issuance of a grading permit, developer shall pay the applicable agricultural conversion mitigation fee, which has been established by the City 6 Council as $10,000.00 per acre of conversion, in compliance with Section 30171.5 of the Coastal Act for the conversion of Assessor's Parcel Number 214-590-04 to an 7 urban use. 8 NOTICE 9 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 1"fees/exactions." 12 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 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or 15 annul their imposition. 16 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 19 expired. 20 21 22 23 24 25 26 27 28 PC RESO NO. 6558 -5- 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, Commission of the City wit: AYES: NOES: ABSENT APPROVED, AND ADOPTED at a regular meeting of the Planning of Carlsbad, California, held on May 6, 2009, by the following vote, to Commissioners Baker, Boddy, Cardosa, Dominguez, Douglas, Whitton, and Chairperson Montgomery ABSTAIN: ^tt ^-^yyjg 'fc. _JL3^ MAR*TEL>*. MdNTGOjKiRY, Ch^fcrson CARLSBAD PLANNIN ATTEST: „>! DON NEU Planning Director PCPvESONO. 6558 (fCOMMIfSJDN ^^^^ -6-