HomeMy WebLinkAbout2013-01-08; City Council; Resolution 2013-0181
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RESOLUTION NO. 2013-018
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A TWO-YEAR
3 RETROACTIVE EXTENSION OF COASTAL DEVELOPMENT
PERMIT CDP 05-14x1 TO DEMOLISH A HOTEL, RESTAURANT,
4 AND SINGLE FAMILY RESIDENCE AND FOR THE
CONSTRUCTION OF A THREE-STORY, 104-ROOM HOTEL
5 PROJECT ON PROPERTY GENERALLY LOCATED ON THE
EAST SIDE OF CARLSBAD BOULEVARD BETWEEN PINE
6 AVENUE AND OAK AVENUE IN THE MELLO II SEGMENT OF
THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES
7 MANAGEMENT ZONE 1.
CASE NAME: DKN HOTEL
8 CASE NO.: CDP 05-14X2
9 The City Council of the City of Carisbad, California, does hereby resolve as
10 follows:
11 WHEREAS, SC HOTELS, LLC "Developer" and "Owner", has filed a verified
12 application with the City of Carisbad regarding property described as
13 Portion of Block 18, Town of Carlsbad per Map No. 775,
Recorded 02-15-1894 and Portion of Tract 100, Carlsbad
14 Lands per Map No. 1661, recorded 03-01-1915, all in the City
of Carlsbad, County of San Diego, State of California. APN
15 203-250-08 and 26-00
16 ("the property"); and
17 WHEREAS, said application constitutes a request for an extension of a Coastal
1^ Development Permit, known as CDP 05-14x1 for the DKN Hotel/Springhill Suites Carisbad
project originally approved by the Housing and Redevelopment Commission on May 1, 2007;
20 and
21 WHEREAS, the Housing and Redevelopment Commission extended CDP 05-14
on September 28, 2010 for a two-year period; and
WHEREAS, the City Council, on the day of January , 2013,
held a duly noticed public hearing to consider said Coastal Development Permit extension and
at that time received recommendations, objections, protests, comments of all persons interested
in or opposed to the Coastal Development Permit Extension.
Now, therefore, be it hereby resolved, the City Council of the City of Carisbad,
California as follows: ^
1 A. That the foregoing recitations are true and correct.
2 B. That based on the evidence presented at the public hearing, the City
Council hereby APPROVES an additional two (2) year extension of Coastal Development
Permit RP 05-14x1 forthe DKN Hotel/ Springhill Suites Carisbad project, based on the following
findings and subject to the following conditions:
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General and Village Review Plan Consistencv Findings:
1. The project remains consistent with the land use plan, development standards, design
guidelines and other applicable regulations set forth within the Village Master Plan and
Design Guidelines, with approval of the findings set forth in Design Review Board
Resolution No. 320 dated March 7, 2007 and approved by the Housing and
Redevelopment Commission on May 1, 2007.
9 2. That the CEQA findings of the Planning Commission as set forth in Planning
Commission Resolution No. 6254 on file with the City Clerk, and made a part hereof by
10 reference, are the findings ofthe City Council.
11 Conditions:
12 1. All conditions contained in Housing and Redevelopment Commission Resolution No.
492 dated September 28, 2010 for RP 05-03x1 are incorporated herein by reference and
13 remain in effect, except Condition No. 1 which is superseded by Condition No. 2 below.
14 2. This approval shall become null and void if building permits are not issued for this project
by August 8, 2014.
"NOTICE TO APPLICANT"
The time within which judicial review of this decision must be sought is governed
1"^ by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of
Carisbad by Carisbad Municipal Code Chapter 1.16. Any petition or other paper seeking review
1^ must be filed in the appropriate court not later than the ninetieth day following the date on which
this decision becomes final; however, if within ten days after the decision becomes final a
request for the record is filed with a deposit in an amount sufficient to cover the estimated cost
or preparation of such record, the time within which such petition may be filed in court is
extended to not later than the thirtieth day following the date on which the record is either
personally delivered or mailed to the party, or his attorney of record, if he has one. A written
request for the preparation of the record of the proceedings shall be filed with the City Clerk,
City of Carisbad, 1200 Carisbad Village Drive, Carisbad, CA. 92008.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council
ofthe City of Carlsbad on the Q^^ day of January, 2013, by thefollowing vote to wit:
AYES:
NOES:
Council Members Hall, Packard, Wood, Blackburn and Douglas.
None.
ABSENT: None.
MATT HALL, Mayor
ATTEST:
stant City Clerk
(SEAL)