HomeMy WebLinkAbout2012-11-07; Planning Commission; Resolution 6919
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A TWO-
YEAR RETROACTIVE EXTENSION OF A SITE
DEVELOPMENT PLAN TO DEMOLISH A HOTEL,
RESTAURANT, AND SINGLE FAMILY RESIDENCE AND FOR
THE CONSTRUCTION OF A THREE-STORY, 104-ROOM
HOTEL PROJECT ON PROPERTY GENERALLY LOCATED ON
THE EAST SIDE OF CARLSBAD BOULEVARD BETWEEN PINE
AVENUE AND OAK AVENUE IN THE MELLO II SEGMENT OF
THE LOCAL COASTAL PROGRAM AND IN LOCAL
FACILITIES MANAGEMENT ZONE 1.
CASE NAME: DKN HOTEL
CASE NO.: SDP 05-04X2
WHEREAS, SC HOTELS, LLC, “Developer” and “Owner” has filed a verified
application with the City of Carlsbad regarding described as
Portion of Block 18, Town of Carlsbad per Map No. 775, Recorded 2-15-1894 and Portion of Tract 100, Carlsbad Lands
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
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan Extension as shown on Exhibits “A” – “T” dated March 7, 2007, on file in the Planning
Division, DKN HOTEL – SDP 05-04X2 as provided by Chapter 21.06/Section 21.53.120 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on November 7, 2012, hold a duly
noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Site Development Plan Extension; and
WHEREAS, on March 7, 2007, the Planning Commission approved, SDP 05-
04, as described and conditioned in Planning Commission Resolution No. 6259; and
PLANNING COMMISSION RESOLUTION NO. 6919
PC RESO NO. 6919 -2-
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WHEREAS, on August 4, 2010, the Planning Commission approved, SDP 05-
04x1, as described and conditioned in Planning Commission Resolution No. 6721.
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.
B) That based on the evidence presented at the public hearing, the Planning
Commission APPROVES DKN HOTEL – SDP 05-04x2 based on the
following findings and subject to the following conditions:
Findings:
1. The adopted findings for SDP 05-04 which are contained in Planning Commission
Resolution No. 6259 apply to this extension and are incorporated by this reference.
2. That the City Planner determined the potential environmental effects of the project were
adequately analyzed by the previously adopted Negative Declaration for DKN Hotel –
SDP 05-04, Planning Commission Resolution No. 6254, at Planning Commission on
March 7, 2007.
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
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.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of
a grading or building permit, whichever occurs first.
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
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
or a successor in interest by the City’s approval of this Site Development Plan
Extension.
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
make them internally consistent and in conformity with the final action on the project.
PC RESO NO. 6919 -3-
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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. Developer shall comply with all applicable provisions of federal, state, and local laws and
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
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.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
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
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
or nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator’s installation and operation of the facility permitted hereby,
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
approval is not validated.
6. All conditions contained in Planning Commission Resolution No. 6721 dated August
4, 2010 for SDP 05-04x1 are incorporated herein by reference and remain in effect,
except for Condition No. 8 which is superseded by Condition No. 8 below.
7. This approval is granted subject to the approval of CDP 05-14x2 and RP 05-03x2 and is
subject to all conditions contained in those Housing and Redevelopment Commission
Resolutions and in the administrative approval documents for those other approvals
incorporated herein by reference.
8. This approval shall become null and void if building permits are not issued for this
project by August 8, 2014.
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.
10. Building permits will not be issued for this project unless the local agency providing
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
facilities will continue to be available until the time of occupancy.
PC RESO NO. 6919 -4-
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11. 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
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
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
approval will not be consistent with the General Plan and shall become void.
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 City
Planner, notifying all interested parties and successors in interest that the City of Carlsbad
has issued an extension by Resolution No. 6919 on the property. Said Notice of
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
specified for inclusion in the Notice of Restriction. The City Planner 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
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.”
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
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
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
expired.
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