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HomeMy WebLinkAbout2009-05-06; Planning Commission; Resolution 65591 PLANNING COMMISSION RESOLUTION NO. 6559 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF REDEVELOPMENT COASTAL 4 DEVELOPMENT PERMIT CDP 09-04 TO ALLOW FOR THE 5 DEMOLITION OF EXISTING STRUCTURES AND TO DEVELOP A 215 ROOM, THREE-STORY HOTEL WITH 6 10,385 SQUARE FEET OF CONFERENCE SPACE, A 5,100 SQUARE FOOT DAY SPA, A 5,100 SQUARE FOOT 7 RESTAURANT, A TWO-STORY PARKING STRUCTURE, A BASEMENT GARAGE, AND AN OUTDOOR SWIMMING 8 POOL ON 8.01 ACRES OF LAND GENERALLY LOCATED 9 SOUTH OF PONTO DRIVE AND EAST OF CARLSBAD BOULEVARD IN LOCAL FACILITIES MANAGEMENT ZONE 10 22. CASE NAME: HILTON CARLSBAD BEACH RESORT 11 CASE NO.: CDP 09-04 12 WHEREAS, Wave Crest Resorts II LLC, "Developer/Owner," has filed a 13 verified application with the City of Carlsbad and Carlsbad Redevelopment Agency (RDA) 14 regarding property described as 15 All that portion of the south 2/3rds of Lot 4 (southeast quarter of the southeast quarter) of Section 29, Township 12 South, 17 Range 4 West, San Bernardino Meridian in the County of San Diego, State of California according to official plat thereof and ° excluding the parcel described as Assessor's Parcel Number 19 214-590-04-00 20 ("the Property"); and 21 WHEREAS, said verified application constitutes a request for a South Carlsbad 22 Coastal Redevelopment Area Coastal Development Permit as shown on Exhibits "A" - "ZZ" 23 dated May 6, 2009, on file in the Planning Department, HILTON CARLSBAD BEACH 24 RESORT - CDP 09-04 as provided by Chapter 21.80.40 of the Carlsbad Municipal Code; and 26 WHEREAS, the Planning Commission did, on May 6, 2009 , hold a duly noticed 27 public hearing as prescribed by law to consider said request; and 28 WHEREAS, at said public hearing, upon hearing and considering all testimony 2 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 3 relating to the Coastal Development Permit.4 5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 6 Commission of the City of Carlsbad as follows: 7 A) That the foregoing recitations are true and correct. o B) That based on the evidence presented at the public hearing, the Planning 9 Commission RECOMMENDS APPROVAL to the Housing and Redevelopment Commission of the HILTON CARLSBAD BEACH RESORT 10 - CDP 09-04 based on the following findings and subject to the following conditions:11 Findings: 13 1. That the proposed development is in conformance with the South Carlsbad Coastal Redevelopment Area Plan, the Ponto Beachfront Village Vision Plan, and the Mello 14 II Segment Land Use Plan for the City of Carlsbad's Local Coastal Program and all applicable policies in that the development will not obstruct views of the coastline as seen from public land or the public Carlsbad Boulevard right-of-way or otherwise damage the visual beauty of the coastal zone, and no agricultural activities, sensitive resources, or geological instability exist on the site. There are no wetlands located 17 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. 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the development will not alter physical or visual access to 20 the shore. 21 3. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that no steep slopes exist 22 within the proposed construction area, all future grading will conform to the City's erosion control standards, and the site is not prone to landslides or susceptible to accelerated erosion, floods, or liquefaction. 24 Conditions: 25 Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a 26 grading permit. 27 1. If any of the following conditions fail to occur; or if they are, by their terms, to be 28 implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City/Agency shall have the PC RESO NO. 6559 -2- right to revoke or modify all approvals herein granted; deny or further condition issuance 2 of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute 3 litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's/Agency's approval of this Coastal Development Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 6 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. 7 3. The Developer shall submit to the Housing & Redevelopment and Planning Department a reproducible 24" x 36", mylar copy of the Coastal Development Permit 9 reflecting the conditions approved by the final decision making body. 10 4. This approval is granted subject to the approval of RP 05-11, SDP 05-14 and CDP 05- 43; will become effective as of the effective date of all associated permits; and is subject to all conditions contained in Planning Commission Resolutions No. 6555, 12 6556, and 6558 for those other approvals and incorporated by reference herein. 13 5. Prior to the issuance of building permits for individual developments in the future, the applicant shall apply for and obtain a grading permit issued by the City Engineer. 14 ,,- 6. 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. 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6559 -3- 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 May 6, 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Commissioners Baker, Boddy, Cardosa, Dominguez, Douglas, Whitton, and Chairperson Montgomery MARTELL B. MONTGOMERY, UK*person CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6559 -4-