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Home My WebLink About2010-08-04; Planning Commission; Resolution 67211 PLANNING COMMISSION RESOLUTION NO. 6721 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A TWO- YEAR EXTENSION OF SITE DEVELOPMENT PLAN SDP 05-04 4 TO DEMOLISH A HOTEL, RESTAURANT, AND SINGLE - FAMILY RESIDENCE AND FOR THE CONSTRUCTION OF A THREE-STORY, 104-ROOM HOTEL PROJECT ON PROPERTY 6 GENERALLY LOCATED ON THE EAST SIDE OF CARLSBAD BOULEVARD BETWEEN PINE AVENUE AND OAK AVENUE 7 IN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 8 1. 9 CASE NAME: DKN HOTEL CASE NO.: SDP 05-04X1 10 WHEREAS, SC HOTELS LLC, "Developer" and "Owner" has filed a verified , 2 application with the City of Carlsbad regarding 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 26-00 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Site Development18 19 Plan Extension as shown on Exhibits "A" - "R" dated March 7, 2007, on file in the Planning 20 Department DKN HOTEL - SDP 05-04X1 as provided by Chapter 21.06/Section 21.53.120 of 21 the Carlsbad Municipal Code; and 22 WHEREAS, the Planning Commission did, on August 4, 2010, hold a duly 23 noticed public hearing as prescribed by law to consider said request; and 24 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 Site Development Plan Extension. 28 1 WHEREAS, on March 7, 2007, the Planning Commission approved, SDP 05- 2 04, as described and conditioned in Planning Commission Resolution No. 6259 . 3 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 4 c Commission of the City of Carlsbad as follows: 6 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning 8 Commission APPROVES DKN HOTEL - SDP 05-04X1 based on the following findings and subject to the following conditions: 9 Findings: 10 1. The adopted findings for SDP 05-04x1, which are contained in Planning Commission Resolution No. 6259, apply to this extension and are incorporated herein by this , _ reference. 2. That the Planning Director determined the potential environmental effects of the project were adequately analyzed by the previously adopted Negative Declaration for DKN Hotel 14 - SDP 05-04, Planning Commission Resolution No. 6254, at Planning Commission on March 7, 2007. 15 3. 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 17 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. 18 Conditions: 19 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a grading or building permit, whichever occurs first. 21 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 22 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 issued under the authority of approvals herein granted; record a notice of violation on the 25 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 26 or a successor in interest by the City's approval of this Site Development Plan Extension. 28 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Site Development Plan Extension documents, as necessary to PCRESONO. 6721 -2- make them internally consistent and in conformity with the final action on the project. 2 Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 4 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 6 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 7 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. 9 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 10 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 ,2 or indirectly, from (a) City's approval and issuance of this Site Development Plan Extension, (b) City's approval or issuance of any permit or action, whether discretionary 13 or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 14 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 16 approval is not validated. 17 6. All conditions contained in Planning Commission Resolution No. 6259 dated March 7, 2007 for SDP 05-04 are incorporated herein by reference and remain in effect, except for Condition No. 12 which is superseded by Condition No. 8 below. 19 7. This approval is granted subject to the approval of CDP 05-14x1 and RP 05-03x1 and is 20 subject to all conditions contained in those Housing and Redevelopment Commission Resolutions and in the administrative approval documents for those other approvals 21 incorporated herein by reference. 22 8. This approval shall become null and void if building permits are not issued for this 23 project by August 8, 2012. 24 9. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 26 10. Building permits will not be issued for this project unless the local agency providing 27 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 2° 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. PCRESONO. 6721 -3- 11. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 2 #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 3 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 c approval will not be consistent with the General Plan and shall become void. 6 12. Prior to the issuance of building permits, 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 Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued an extension by Resolution No. 6721 on the property. Said Notice of 9 Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions 10 specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. NOTICE 13 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 15 "fees/exactions." 16 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 19 annul their imposition. •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 22 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 23 expired. 24 25 26 27 28 PCRESONO. 6721 -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 August 4, 2010, by the following vote, to wit: AYES: NOES: Chairperson Douglas, Commissioners Baker, L'Heureux, Montgomery, Nygaard, and Schumacher ABSENT: Commissioner Dominguez ABSTAIN: FARRAHTJ*BOUGLAS,- ChfepWson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PCRESONO. 6721 -5-