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HomeMy WebLinkAbout1985-08-14; Planning Commission; Resolution 24693 - .+ I/ 0 0 1 PLANNING COMMISSION RESOLUTION NO. 2469 2 3 4 5 6 7 A RESOLUTION OF TEIE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A BEACH CLUB FACILITY WHICH INCLUDES DECKING AND BEACH EQUIPMENT STORAGE ON PROPERTY GENERALLY LOCATED ON mE WEST SIDE OF OCEAN STREET, APPROXIMATELY 200 FEET SOUTH OF THE ELM AVENUE/OCEAN STREET INTERSECTION. APPLICANT: CARLSBAD INN BEACH CLUB CASE NO: CUP-271 8 9 LO 11 12 13 14 15 16 17 18 WHEREAS, a verified application has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on the 14th day of August, 1985, hold a duly noticed public hearing to consider said application on property described as: A portion of unnumbered Block in the town of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof number 535, filed in the off ice of the County Recorder of San Diego, County, and the portion of Ocean Street as shown on said Map, closed to public use, 19 I WHEREAS, at said hearing, upon hearing and considering all 20 heard, said Commission considered all factors relating to CUP-271. 21 testimony and arguments, if any, of all persons desiring to be 22 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 23 1 and conditions: 26 (B) That based on the evidence presented at the public hearing, tha 25 (A) That the foregoing recitations are true and correct. 24 Commission of the City of Carlsbad as follows: Commission APPROVES CUP-271, based on the following findings 27 //// ii 28 c 1: I1 0 IC I Findings: 1 1) The requested use would enhance the appearance and safety of 2 on the adjacent beach. 3 the project site and could also likely reduce the potential congestion impact that the 198-room Carlsbad Inn would have 4 5 2) The proposed use has been designed with adequate buffers to impacts and a Negative Declaration has been issued by the 6 3) This project will not cause any significant environmental ensure compatibility with adjacent residential properties. Land Use Planning Manager on July 18, 1985 and approved by 7 the Planning Commission on August 14, 1985. 8 1) Approval is granted for CUP-271, as shown on Exhibits "A" and 9 Conditions: 'IB", dated March 13, 1985, incorporated by reference and on occur substantially as shown unless otherwise noted in these 10 conditions. 11 file in the Land Use Planning Office. Development shall 12 5) The stairway access to Yne beach shall be open to the general 19 commercial use shall take place onsite. 18 4) Beach equipment and decking will be for the sole use of 17 3) No food or beverages shall be sold or provided onsite. 16 prior to building permits. 15 Design Guidelines Manual. This landscape plan shall be 14 applicant shall prepare a detailed landscape and irrigation 13 2) The applicant shall eliminate the two parking spaces located at the front of the property along Ocean Street. The plan for this portion of the property per the City Landscape submitted to and approved by the Land Use Planning Manager Carlsbad Inn tenants. No equipment shall be rented or no public and maintained in good condition by the property owner. 2o I 21 22 23 I: i) Hours of operation for the beach club facility will be no earlier than 9:00 a.m. and no later than 9:00 p.m. daily. ') All beach equipment shall be stored indoors. The deck shall be closed and locked to prevent access between 9:OO P.M. and 7:OO A.M. 24 251 /// /// /// 26 27 C RES0 NO. 2469 -2- 28 s e 0 8) This conditional use permit is granted for a period of five Land Use Planning Manager on a yearly basis to determine if does not have a significant detrimental impact on surround- Use Planning Manager determines that the use has such the Planning Commission, after providing the permittee the the significant adverse impacts. This permit may be revoked use has a significant detrimental affect on surrounding land imposed herein have not been met. This permit may be extended written application of the permittee made not less than 90 extension, the Planning Commission shall find that no 10 substantial adverse affect on surrounding land uses or the public's health and welfare will result because of the 11 continuation of the permitted use. If a substantial adverse affect on surrounding land uses or the public's health and 12 welfare is found, the extension shall be considered as an original application for a conditional use permit. There is 13 no limit to the number of extensions the Planning Commission may grant. 14 15 16 1 opportunity to be heard, add additional conditions to mitigate 5 significant adverse impacts, the manager shall recommend that 4 ing properties or the public health and welfare. If the Land 3 all conditions of this permit have been met and that the use 2 years. This conditional use permit shall be reviewed by the 6 at any time after a public hearing, if it is found that the 7 days prior to the expiration date. In granting such 9 for a reasonable period of time not to exceed five years upon 8 uses and the public's health and welfare, or the conditions PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on I/ the 14th day of August, 1985, by the following vote, to wit: 17 I l8 I1 AYES : Chairman Schlehuber, Commissioners: Marcus, McFadden, Smith, Rombotis & Hall. 19 I NOES: None. 20 22 ABSTAIN : L ' Heureux. 21 ABSENT : None. 23 24 25 cy ~LY-"&$~&A4!! f /I fl /i ; pp CLALRENCE SCHLEHUBER, Chairman 1 CARLSBAD PLANNING COMMISSION ATTEST : 26 27 28 LAND USE PLANNING MANAGER MICHAEL J. "K)LZP&!LLER PC RES0 NO. 2469 -3- I/