HomeMy WebLinkAbout1995-11-01; Planning Commission; Resolution 3822I
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PLANNING COMMISSION RESOLUTION NO. 3822
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT AMENDMENT TO ALLOW A
TENNIS COURT ON PROPERTY LOCATED ADJACENT TO
AND EAST OF THE SEAPOINTE RESORT WITHIN THE
NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT
BOARD RIGHT-OF-WAY.
CASE NAME: SEAPOINTE RESORT TENNIS COURT
CASE NO: CUP 93-04(A)
WHEREAS, the Seapointe Resort Conditional Use Permit was approved
City of Carlsbad on the 18th day of October, 1994; and
WHEREAS, a verified application has been filed by Continental Corn
Corporation with the City of Carlsbad for an amendment to that Conditional Use Pern
referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request for a Conditio1
Permit as provided by Chapter Amendment 21.54 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the PI
Commission did, on the 1st day of November, 1995, hold a duly noticed public hea
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; and
An irregular shaped parcel of land near Encinitas, in the
County of San Diego, State of California, being a portion of lots
1 and 2 in Section 20, Township 12 South, Range 4 West,
S.B.B. & M.
WHEREAS, at said public hearing, upon hearing and considering all testimc
arguments, if any, of all persons desiring to be heard, said Commission considered all
relating to Conditional Use Permit Amendment CUP 93-04(A)
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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 Commission APPR(
CUP 93-04(A), based on the following findings and subject to the following cond
Findings:
1. That the tennis court is desirable for the development of the community, is esse
in harmony with the various elements and objectives of the General Plan, and
detrimental to existing uses specifically permitted in the zone in which the tennis
is located, in that it is associated with a timeshare/hotel and will be available 6
by the general public at a location that is physically separated from the ra
tracks by a grade change and fencing.
2. That as shown on the site plan (Exhibit "Bll dated November 1, 1995) the
adequate in size and shape to accommodate the tennis court, in that there is adt
separation between structures which allow for the continued use of the bala
the property for access to the railroad tracks and easements used by SDGl
access for maintenance of power lines.
3. That all the yards, setbacks, walls, fences, landscaping, and other features necesz
adjust the requested use to existing or permitted future uses in the neighborhood 7
provided and maintained.
4. That the street system serving the proposed use is adequate to properly handle all
generated by the proposed use, in that the tennis court will generate at most 0:
ADT which is insignificant,
Conditions:
1. Approval is granted for Conditional Use Permit amendment CUP 93-04(A) to
tennis court to the Seapointe Resort, as shown on Exhibit "A" and "B
November 1, 1995 and in addition to the following conditions hereaftc
conditions of the original approval as stipulated in Planning Commission Rex
No. 3692 shall remain in Pull force and effect.
2. Tennis court lighting was not considered during this review. CUP 93-04 wil
to be amended if lighting is desired in the future.
3. Signage shall be provided to the satisfaction of the Planning Director identifyi
tennis court as "available to the public" and that court time should be re;
through the Seapointe Resort activity desk.
4. Prior to approval of the CUP 93-04(A) , the Developer shall receive approval of a (
Development Permit issued by the California Coastal Commission that substa
PC RES0 NO. 3822 -2-
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conforms to this approval. A signed copy of the Coastal Development Permit m
submitted to the Planning Director. If the approval is substantially differel
amendment to CUP 93-04 shall be required.
5. The facility shall be made available to the general public free of charge not to f
an additional fee charged to the guests of the Seapointe Resort. A reservation s: to be approved by the Planning Director hd administered by the Seapointe 1
activities desk shall be established prior to occupancy with a reservations wind(
to exceed 48 hours prior to the desired time and day of play; and that allows
time that has not been booked within the day of play. This reservations system
be reviewed and adjusted on a periodic basis subject to the approval of the Pla
Director.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the P1;
Commission of the City of Carlsbad, California, held on the 1st day of November, 1995,
following vote, to wit:
AYES: Chairperson Welshons, Commissioners Compas, Erwin, M
Nielsen, Noble and Savary
NOES: None
ABSENT: None
ABSTAIN: None
KIM W~LSHONS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLZIX~LLER
PLANNING DIRECTOR
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PC RES0 NO. 3822 -3-
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