HomeMy WebLinkAbout1994-08-17; Planning Commission; Resolution 36921
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PLANNING COMMISSION RESOLUTION NO. 3692
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A CONDITIONAL USE PERMIT TO DEVELOP
A 78 UNIT TIMESHARE ON PROPERTY GENERALLY
LOCATED EAST OF THE INTERSECTION OF CARLSBAD
BOULEVARD AND PONTO (ANACAPA) ROAD IN LOCAL
FACILITIES MANAGEMENT ZONE 22.
CASE NAME: SEAPOINTE RESORT
CASE NO: CUP 93-04
WHEREAS, a verified application has been filed with the City of
and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request for a Cc
Use Permit as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the
Commission did, on the 17th day of August, 1994, hold a duly noticed public 1
consider said application on property described as:
Lots 1 and 2 in fractional Section 20, Township 12 south,
Range 4 west, San Bernardino base and meridian, in the City
of Carlsbad, in the County of San Diego, State of California,
according to the official plat thereof;
WHEREAS, at said public hearing, upon hearing and consic
testimony and arguments, if any, of all persons desiring to be heard, said Ca
considered all factors relating to CUP 93-04.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Ca
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 Cc
recommends APPROVAL of Conditional Use permit, CUP 93-04, bas(
following findings and subject to the following conditions:
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FindiIlES:
1. That the requested use is desirable for the development of the corn
essentially in harmony with the various elements and objectives of thl
plan, and is not detrimental to existing uses or to uses specifically permit1
zone in which the proposed use is to be located;
2. That the site for the intended use is adequate in size and shape to acco
the use;
3. That all of the yards, setbacks, walls, fences, landscaping, and other
necessary to adjust the requested use to existing or permitted future us
neighborhood will be provided and maintained;
4. That the street system serving the proposed use is adequate to properly 1
traffic generated by the proposed use.
5. The project has been designed to accommodate clonversion to a standar
such action is necessary;
6. A management and maintenance plan on file with the Planning Depart
been prepared and is part of the Conditional Use Permit;
7. The project site is located in reasonable proximity to the Carlsbad State B
therefore can financially and geographically funcction as a successful t
project and;
8. The proposal will not be disruptive to existing or future uses in the sur
neighborhood.
9. Exclusive use of occupancy of any timeshare unit is limited to four mon
10. The proposal does not include the use of reduced standards. I
~ Conditions:
1. Approval is granted for CUP 93-04, as shown on Exhibit(s) "J" - "T", date
17, 1994, incorporated by reference and on file in the Planning Del
Development shall occur substantially as shown unless otherwise noted
conditions.
2. This conditional use permit is granted for a perio'd of 10 years. This co
use permit shall be reviewed by the Planning Director on a yearly
determine if all conditions of this permit have bee:n met and that the use
have a significant detrimental impact on surrounding properties or tl:
health and welfare. If the Planning Director determines that the use
significant adverse impacts, the Planning Director shall recommend
Planning Commission, after providing the permittee the opportunity to 1
~ PC RES0 NO. 3692 -2-
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1 add additional conditions to mitigate the significa:nt adverse impacts. Tk
may be revoked at any time after a public hearing, if it is found that th
a significant detrimental affect on surrounding land uses and the publil
and welfare, or the conditions imposed herein have not been met. Th
may be extended for a reasonable period of time not to exceed 10 ye
written application of the permittee made no less than 90 days pric
expiration date. In granting such extension, the Planning Commission
that no substantial adverse affect on surrounding land uses or the publi
and welfare will result because of the continuation of the permitted 1
substantial adverse affect on surrounding land uses or the public’s hc
welfare is found, the extension shall be considered as an original applic
a conditional use permit. There is no limit to the number of exten
Planning Commission may grant.
3. If the property owner/owners’ address changes from that which is shov
conditional use permit application, a notice of a change of address
reported, in writing, to the Planning Department within 30 days.
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11 4. Prior to the issuance of CUP 93-04 there shall be a Notice of Restriction I
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the Deed to this property subject to the satisfaction of the Planning
has issued a Conditional Use Permit by Resolution No. 3692 on the real
owned by the declarant. Said Notice of Restriction shall note the
14 description, location of the file containing complete project details
conditions of approval as well as any conditions or restrictions spec
15 inclusion in the Notice of Restriction. The restrictions referred to in sa
may be modified or terminated only with the approval of the Planning 16 Planning Commission or City Council of the City of Carlsbad whichever
17 decision authority for this project.
18 5. The maximum time increment for recurrent exclusive use of occupanc
timeshare unit shall be four months. A note indicating this requiremenl
2o ’ 6. This approval is granted only in association with the development of the ti
12 notifying all interested parties and successors in interest that the City of
19 i placed on the final map. I
21 resort as approved under CT 93-10.
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PC RES0 NO. 3692 -3-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the
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the following vote, to wit: 3
Commission of the City of Carlsbad, California, held on tlne 17th day of August,
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AYES: Chairperson Savary; Commissioners Welshons,
Compas, Nieken, and Monroy.
6 NOES: None.
7 ABSENT: Commissioner Erwin.
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ABSTAIN: None.
CARLSBAD PLANNING COMMISSIOP
14 /I ATTEST:
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17 I/ PLANNING DIRECTOR 18
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PC RES0 NO. 3692 -4-