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HomeMy WebLinkAbout1990-09-19; Planning Commission; Resolution 3080m @ 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 PLANNING COMMISSION RESOLUTION NO. 3080 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSB. CALIFORNIA, APPROVING A FIVE YEAR EXTENSION OF A CONDITIONAL I PERMIT ALLOWING A PRIVATE BEACH CLUB FACILITY LOCATED ON THE Wl SIDE OF OCEAN STREET APPROXIMATELY 200 FEET SOUTH OF THE E AVENUE/OCEAN STREET INTERSECTION. CASE NAME: CARLSBAD INN BEACH CASE NO: CUP 271x1 WHEREAS, a verified application has been filed with the City of Carlsbad and the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Titl Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Planning ( did, on the 15th day of August, 1990, and on the 19th day of September, 1990, 1 noticed hearing to consider said application on property described as: A portion of unnumbered block in the town of Carlsbad, in the City of Carls County of San Diego, State of California, according to the Map thereof nun 535, filed in the office of the County Recorder of San Diego County, and portion of Ocean Street as shown on said Map, closed to public use. WHEREAS, at said hearing, upon hearing and considering all testimony and if any, of all persons desiring to be heard, said Commission considered all factors rela 271x1. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissior of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the hearing, the Commission App 271x1, based on the following findings and subject to the following conditic Findings: 1. That the requested use is necessary or desirable for the development of the is essentially in harmony with the various elements and objectives of the gene: the proposed use is to be located; is not detrimental to existing uses or to uses specifically permitted in the zc L e 0 2. That the site for the intended use continues to be adequate in size an< 1 provided and maintained; 3 3. That all of the yards, setbacks, walls, fences, landscaping, and other features n 2 accommodate the use; adjust the requested use to existing or permitted future uses in the neighborhl 4 5 4. That the street system serving the proposed use continues to be adequate . handle all traffic generated by the proposed use. 6 // Conditions: 7 8 9 10 11 12 13 14 15 16 17 18 19 I 1. All conditions of approval imposed upon CUP 271 as stated in Planning ( Resolution 2469 shall apply as conditions of approval for CUP 271x1 except i modified. Condition No. 8 of CUP 271 shall be replaced with Condition NI below. 2. This conditional use permit is extended for a period of five (5) years be September 19,1990 and expiring on September 19,1995 unless subsequent ex1 approved. This conditional use permit shall be reviewed by the Planning Di yearly basis to determine if all conditions of this permit have been met and 1 does not have a significant detrimental impact on surrounding properties 01 health and welfare. If the Planning Director determines that the use has sucl adverse impacts, the Planning Director shall recommend that the Planning C after providing the permittee the opportunity to be heard, add additional cc mitigate the significant adverse impacts. This permit may be revoked at any public hearing, if it is found that the use has a SigTllfcant detrimenta surrounding land uses and the public’s health and welfare, or the conditio herein have not been met. This permit may be extended for a reasonable pe: not to exceed five (5) years, upon written application of the permittee made 1 90 days prior to the expiration date. In granting such extension, the Planning ( shall find that no substantial adverse affect on surrounding land uses or the pu and welfare will result because of the continuation of the permitted use. If a adverse affect on surrounding land uses or the public’s health and welfare i! extension shall be considered as an original application for a conditional There is no limit to the number of extensions the Planning Commission may 20 21 22 23 24 3. The project shall provide signage to the satisfaction of the Planning Directc shall be located at the top and bottom of the stairway providing notificati stairway is public access. 4. Hours of operation for the beach club facility will be no earlier than 9:OO later than 9:OO p.111 The beach facility decks shall be locked to prevent acc the hours of 9:OO p.m. and 9:OO an and shall be patrolled at night by the ( guard. 25 26 27 II PC RES0 NO. 3080 -2- 28 4 * 0 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning C 2 of the City of Carlsbad, California, held on the 19th day of September, 1990, by thc 3 vote, to wit: 4 5 6 7 AYES: Chairperson Schramm, Commissioners: Schlehuber, Holmes, En, and Hall. NOES: None. ABSENT: Commissioner McFadden. 8 II ABSTAIN: None. 9 10 11 SHARON SCHRA", Chaqerson CARLSBAD PLANNING COMMISSION I I.2 13 ATTEST: 14 15 MICHAEL J. H~ZM~ER PLANNING DIRECTOR 16 17 18 19 I 20 21 22 23 24 25 26 27 PC RES0 NO. 3080 -3- 28 I1