The URL can be used to link to this page

Home My WebLink About1995-11-01; Planning Commission; Resolution 3827I( e 0 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. 3827 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING PROPERTY GENERALLY LOCATED ADJACENT TO AND EAST OF THE SEAPOINTE RESORT WITHIN THE NORTH SAN DIEGO COUNTY TRANSIT CASE NAME SEAPOINTE RESORT TENNIS COURT CASE NO: SDP 95-10 WHEREAS, Continental Commercial Corporation has filed a v application with the City of Carlsbad and which has been referred to the P1 Commission; and A SITE DEVELOPMENT PLAN NO. SDP 95-10 ON DEVELOPMENT BOARD RIGHT-OF-WAY. WHEREAS, said verified application constitutes a request for Development Plan as provided by Chapter 21.54 of the Carlsbad Municipal Code; i WHEREAS, pursuant to the provisions of the Municipal Code, the P1 Commission did, on the 1st day of November, 1995, consider said request on pr 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 tes and arguments, if any, of all persons desiring to be heard, said Commission conside factors relating to SDP 95-10. NOW, THEREFORE, BE IT HEREBY RESOLVED by the PI Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. I II I( 0 0 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 B) That based on the evidence presented at the public hearing, the Corn APPROVES Site Development Plan, SDP 95-10, based on the foll findings and subject to the following conditions: Findings: 1. That the use is properly related to the site, surroundings and environmental s is consistent with the various elements and objectives of the General Plan, w be detrimental to existing uses or to uses specifically permitted in the area in the proposed use is to be located, and will not adversely impact thc surroundings or traffic circulation. 2. The site is adequate in size and shape for the intended use in that the tennis only covers 7,200 sq. ft. of the leased .69 acre portion of a 4.98 acre parcel by from NCTD, and is separated from the railroad track by two chain link and a severe grade drop which will sufficiently isolate the use from the ri facilities. 3. That all of the yards, setbacks, walls, fences, landscaping and other fe necessary to adjust the requested use to existing or permitted future uses neighborhood will be provided and maintained in that no specific yard s setbacks are required but the fences and landscaping shown on Exhibit “B” November 1,1995, are required by condition to be installed and property main throughout the life of this Conditional Use Permit. 4. That the street system serving the proposed use is adequate to properly har traffic generated by the proposed use because only 30 ADT. are anticipata generated by the use, and the current ADT is 624 on a street with a capa handle 1,200 ADT. Conditions: 1. The Planning Commission does hereby approve the Site Development Plan Tennis Court Project entitled “Seapointe Resort Tennis Court”. (Exhibit “ “B” on file in the Planning Department and incorporated by this reference November 1, 1995), subject to the conditions herein set forth. Staff is aut1 and directed to make or require the Developer to make all correctio: modifications to the approving Documents, as necessary to make them int consistent and conform to Planning Commission’s final action on the I Development shall occur substantially as shown on the approved exhibits proposed development substantially different from this approval, shall req amendment to this approval. 2. Prior to the issuance of the Site Development Plan, Developer shall submii PC RES0 NO. 3827 -2- , 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 a 0 City a Notice of Restriction to be filed in the office of the County Recorder, I to the satisfaction of the Planning Director, notifying all interested partic successors in interest that the City of Carlsbad has issued a Site Developmer by Resolution No. 3821 on the real property owned by the developer. Said of Restriction shall note the property description, location of the file con: complete project details and all conditions of approval as well as any conditi restrictions specified for inclusion in the Notice of Restriction. The P1 Director has the authority to execute and record an amendment to the notice modifies or terminates said notice upon a showing of good cause by the dew or successor in interest. 3. This approval shall be null and void if the project site subject to this approva annexed to City of Carlsbad CFD No. 1 within 60 days of the approval. TI shall not issue any grading, building, or other permit, until the annexa completed. The City Manager is authorized to extend the 60 days, for not to 120, upon a showing of good cause. 4. No outdoor storage of material shall occur onsite unless required by the Fire In such instance a storage plan will be submitted for approval by the Fire ChI the Planning Director. 5. Landscaping shall be provided to the satisfaction of the Planning Director alc easterly edge of the tennis court parcel. The Developer shall prepare a dl landscape and irrigation plan in conformance with the City's Landscape Manuz plans shall be submitted to and approval obtained from the Planning Direct0 to the approval of the grading permit or building permit, whichever occurs firs Developer shall construct and install all landscaping as shown on the approved and maintain all landscaping in a healthy and thriving condition, free from trash, and debris. 6. The Developer shall comply with all applicable provisions of federal, state, an ordinances in effect at the time of building permit issuance. 7. The Developer shall provide the City with a reproducible 24" x 36", mylar cop3 Site Development Plan as approved by the Planning Commission. Th Development Plan shall reflect the conditions of approval by the City. The Pla shall be submitted to the City Engineer and approved prior to building, gradin map, or improvement plan submittal, whichever occurs first. 8. The Developer shall include, as part of the plans submitted for any perm check, a reduced, legible version of the approving resolution/resolutions on 36" blueline drawing. Said blueline drawing(s) shall also include a copy applicable Coastal Development Permit and signed approved Site Developme1 9. If any of the foregoing conditions fail to occur, or if they are, by their terms implemented and maintained over time, if any of such conditions fail to implemented and maintained according to their terms, the City shall have th to revoke or modify all approvals herein granted, deny or further condition is PC RES0 NO. 3827 -3- r I/ II) * 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 of all future building permits, deny, revoke or further condition all certific occupancy issued under the authority of approvals herein granted, institt prosecute litigation to compel their compliance with said conditions or seek d, for their violation. No vested rights are gained by Developer or a sum interest by the City's approval of this Resolution. 12. Prior to approval of the SDP 95-10, the Developer shall receive approval of a 1 Development Permit issued by the California Coastal Commission that subst conforms to this approval. A signed copy of the Coastal Development Perm be submitted to the Planning Director. If the approval is substantially diffe~ amendment to SDP 95-10 shall be required. PASSED, APPROVED, AND ADOPTED at a regular meeting Planning Commission of the City of Carlsbad, California, held on the 1st day of No1 1995, by the following vote, to wit: AYES: Chairperson Welshons, Commissioners Compas, Monroy, Nielsen, Noble and Savary NOES: None ABSENT: None ABSTAIN: None AITEST CARLSBAD PLANNING COMMISSIO c I W MICHAEL J. HOL~~IILLER Planning Director PC RES0 NO. 3827 -4- I1