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Home My WebLink About1984-10-02; Housing & Redevelopment Commission; Resolution 424 W w I Ij HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. ( 2 3 4 5 6 7 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMl THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING API A REDEVELOPMENT PERMIT AND CONDITIONAL USE PERMIT DEVELOP A 54 UNIT TIME-SHARE CONDOMINIUM, 23 UNIT RESTAURANT ON 1.56 ACRES OF PROPERTY GENERALLY LO( THE EAST SIDE OF CARLSBAD BOULEVARD BETWEEN WALNU' AND PINE AVENUE. APPLICANT: TAMARACK BEACH RESORT CASE NO.: RP/CUP 84-11/CP-290 WHEREAS, a verified application has been filed wi *City of Carlsbad and referred to the Housing and Redevelop 9 2ommission and IO WHEREAS, said verified application constitutes a x' 12 ,provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, purusant to the provisions of the Munici l3 lkhe Housing and Redevelopment Commission did, on the 2nd d 141(Sctober, 1984, hold a duly noticed public hearing to consi l5 lbpplication on property described as: 16 17 18 A portion of Tracts 201 and 202 of Thum Lands, in of Carlsbad, according to Map thereof No. 1681, f the Office of the County Recorder, December 9, 19 WHEREAS, at said public hearing, upon hearing and onsidering all testimony and arguments, if anyl of all pe 2o esiring to be heard, said commission considered all facto l9 I 21 /&elating to RP/CUP 84-1 1/CP-290. 22 /I NOW, THEREFORE, BE IT HEREBY RESOLVED by the Hous 23 24 A) That the above recitations are true and correct. 25 26 27 Findings: 28 1) The proposed project is consistent with the goals and objectives of the Village Design Manual, as discussed staff report. Redevelopment Commission of the City of Carlsbad as follow B) That based on the evidence presented at the public hea commission APPROVES of RP/CUP 84-11/CP-290, based on following findings and subject to the following condit I( 0 e 1 2, 2 3 3) 4 5 6 4) I 8 9 5) lo 6) 11 12 13 7, 14 l5 8) 16 l7 12) 23 11) 21 10) I.9 9) 18 20 22 24 25 13) 26 27 28 It The project is consistent with the City's General Plar the proposed non-residential condominium is consistent the Travel Service designation specified for the site indicated on the Land Use Element of the General Plan. The granting of the condominium permit will not advers affect and will be consistent with the code the generz applicable specific plans, master plans, and all adopt of the city and other governmental agencies, as discus the staff report. The proposed use at the particular location is necesse contribute to the general well-being of the neighborhc the community, as discussed in the staff report . That the site for intended use is adequate in size ani to accommodate the use, as discussed in the staff repc That all of the yards, setbacks, walls, fences, landsc and other features necessary to adjust the requested I existing or permitted future uses in the neighborhood provided and maintained, as discussed in the staff rey Such use will not be detrimental to the health, safetl general welfare of persons residing or working in the vicinity, or injurious to property or improvements in vicinity, as discussed in the staff report. That the street system serving the proposed use is ad€ properly handle all traffic generated by the proposed discussed in the staff report. That this project is located in reasonable proximity 1 existing resort or public recreation area, as discuss6 staff report. That this project can function financially and geograz as a successful time share project, as discussed in tk report . That this project will not be disruptive to existing c uses in the surrounding neighborhood, as discussed in staff report. The proposed non-residential planned development meet: minimum development standards of the underlying zone, desirable to provide a service or facility which will for lot area, as discussed in the staff report. This project will not cause any significant environmer impacts and a Negative Declaration has been issued by Use Planning Manager on July 17, 1984 and approved by Design Review Board on August 8, 1984. -2- * 0 e 1 IIConditions: 2 3 4 1) Approval is granted for RP/CUP 84-11/CP-290, as shown Exhibits "A", "Btr I llC", 'lD" and "E", dated August 8, ' Exhibits "F" - "M", dated June 11, 1984, incorporated reference and on file in the Land Use Planning Office, Development shall occur substantially as shown unless noted in these conditions. 5 6 2) This project is approved upon the express condition tl building permits will not be issued for development oJ 7 subject property unless the City Engineer determines t sewer permits and will continue to be available until facilities are available at the time of application fc 8 /I occupancy. 9 10 11 12 13 3) This project is approved upon the express condition tk applicant shall pay a public facilities fee as require Council Policy No. 17, dated April 2, 1982, on file wj City Clerk and incorporated herein by reference, and t to the agreement executed by the applicant for payment fee, a copy of that agreement, dated August 6, 1984, i with the City Clerk and incorporated herein by referer said fee is not paid as promised, this application wil consistent with the General Plan and approval for this shall be void. l4 15 4) Approval of this request shall not excuse compliance w ordinances in effect at time of building permit issuan sections of the Zoning Ordinance and all other applica l6 17 5) The applicant shall prepare a reproducible mylar of th site plan incorporating the conditions contained herei 18 site plan shall be submitted to and approved by the La 19 Planning Manager prior to the issuance of building per 6) The applicant shall establish a homeowner's associatic 20 corresponding covenants, conditions and restrictions. CC&R's shall be submitted to and approved by the Land 22 7) The applicant shall prepare a detailed landscape and i 21 Planning Manager prior to final map approval. Planning Manager prior to the issuance of building per plan which shall be submitted to and approved by the I 23 24 8) All parking lot trees shall be a minimum of 15 gallons size. 25 thriving condition, free from weeds, trash, and debris 26 27 10) Any signs proposed for this development shall be desig conformance with the City's Sign Ordinance and shall 1: 28 review and approval of the Land Use Planning Manager F installation of such signs. 9) All landscaped areas shall be maintained in a healthy -3- 4 e e 1 2 11) 3 12) 4 5 6 13) 7 8 9 14) lo 15) I1 12 13 16) 14 Trash receptacle areas shall be enclosed by a six-foot masonry wall with gates pursuant to City standards, L of said receptacles shall be approved by the Land Use Manager. All roof appurtenances, including air conditioners, sh architecturally integrated and shielded from view and buffered from adjacent properties and streets, pursuan Building Department Policy No. 80-6, to the satisfactif Land Use Planning Manager and Building and Planning Di Approval of Redevelopment Permit/Conditional Use Permi is granted subject to approval of Tentative Tract No. The applicant shall enter into agreement with the City operation of the project as a hotel, should the projecl operation as a time-share and conversion be necessary. agreement shall be executed prior to final map. No unit within the time-share portion of the project SI sell for an increment of time to exceed one month. A r indicating this shall be placed on the final map of all share projects. Building permits must be issued for this project withir years from the date of approval. If permits are not iE within this period, approval of this application shall null and void. PASSED, APPROVED AND ADOPTED at a special meeting o l6 alifornia, held on the 2nd day of October, 1984, by the fol I' ousing and Redevelopment Commission of the City of Carlsbad li; 18 ote, to wit: l9 i AYES : Council lk.&ers Casler, Lewis, chick and Prescott 20 NOES: None 21 ABSENT: Council Member Kulchin 22 23 24 R, +lsyw e ~fl/(/& 25 ATTEST: ABSTAIN: 26 27 /4L,,TEge{erk 28 I1 -4-