The URL can be used to link to this page

Home My WebLink About1996-09-18; Planning Commission; Resolution 3989p.F m e 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. 3989 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW THE PROVISION OF COMMON PARKING FACILITIES RESULTING IN AN 11 PERCENT REDUCTION IN TOTAL REQUIRED PARKING PURSUANT TO SECTION 21.44.050(a)(5) FOR A PROJECT CONTAINING 161 TIMESHARE UNITS, 90 HOTEL UNITS AND 3 RESTAURANTS ON 12.20 ACRES GENERALLY LOCATED ON THE WEST SIDE OF ARMADA DRIVE NORTH OF PALOMAR AIRPORT ROAD WITHIN PLANNING AREA 3 OF THE CARLSBAD RANCH SPECIFIC PLAN. CASENAME: CARLSBAD RANCH HOTEL AND CASE NO.: CUP 96-1 1 WHEREAS, Grand Pacific Resorts, Inc. “Developer”, has filed a vel application with the City of Carlsbad regarding property owned by CARLTAS, ‘‘Ow described as TIMESHARE RESORT Lot 14 of Carlsbad Tract No. 92-7 in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 13215, filed in the Office of the County Recorder of San Diego County on June 30,1995. (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditional Permit as shown on Exhibits “A“ through “P”, dated September 18, 1996, on file il Carlsbad Planning Department, (Carlsbad Ranch Hotel and Timeshare Resort, CUP 96- as provided by Chapter 21.44 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 18th day of September 1 hold a duly noticed public hearing to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testin and arguments, if any, of all persons desiring to be heard, said Commission considered all fa relating to CUP 96-11. -1 i. a a 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 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Ha Commission 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 Commi RECOMMENDS APPROVAL of Conditional Use Permit, CUP 96-11, on the following findings and subject to the following conditions: Findings: 1. That the requested use is necessary or desirable for the development of the commun essentially in harmony with the various elements and objectives of the General Plar is not detrimental to existing uses specifically permitted in the zone in whicl proposed use is located, in that the proposed 11 percent parking reduction is less the 15 percent maximum reduction permitted pursuant to Section 21.44.050(a)1 the Carlsbad Municipal Code. A parking analysis was prepared and approvc city staff which shows that the proposed parking is more than adequate to met peak parking demand for the proposed uses considering shared parking an1 hours of operation for the proposed uses. Therefore, no negative parking im should spill over onto adjacent properties as a result of the proposed pal reduction. 2. That the site for the intended use is adequate in size and shape to accommodate the u that the parking reduction responds to the shared parking which will occur 1 on the uses proposed for the site and their hours of operation. The pa: necessary to meet the peak hourly demand of the project will be provided o project site with all other design features such as parking lot landscaping wh being provided over the minimum 3 percent required . 3. That all the yards, setbacks, walls, fences, landscaping, and other features necess; adjust the requested use to existing or permitted future uses in the neighborhood w provided and maintained, in that all required building and landscape setbacks been provided in addition to an onsite circulation design which complies with standards. The proposed parking reduction of 11 percent equals 57 parking SF The parking analysis prepared for the project supports a parking reduction spaces or 14 percent. 4. That the street system serving the proposed use is adequate to properly handle all t generated by the proposed use, in that the project will generate 3,600 average trips (ADT) which corresponds to the maximum ADT projected in the Car Ranch Specific Plan Program EIR for this planning area. The required circul improvements identified for the Carlsbad Ranch will therefore still be adequr accommodate the vehicle trips generated by this project. I PC RES0 NO. 3989 -2- *, a e I <’ 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 Plannine Conditions: 1. The Planning Commission does hereby recommend approval of the Conditiona Permit for the Carlsbad Ranch Hotel & Timeshare Resort project entitled “CU ll”, (Exhibit “A”-“P” dated September 18,1996 on file in the Planning Departme] incorporated by this reference), subject to the conditions herein set forth. St authorized and directed to make or require the Developer to make all correction modifications to the Conditional Use Permit documents, as necessary to make internally consistent and in conformity with final action on the project. Develol shall occur substantially as shown on the approved exhibits. Any proposed develok substantially different fiom this approval, shall require an amendment to this approv: 2. Prior to recordation of the Final Map a joint use parking agreement sha submitted for review and approval of the Planning Director, City Engineer and Attorney. The agreement shall provide for the following: a. The sharing in perpetuity of all parking and access aisle/driveways 01 between all the uses in Planning Area 3 of the Carlsbad Ranch Specific € b. The agreement shall not be modified without the prior written appro1 the Planning Director, City Engineer and City Attorney. A copy of the joint use parking agreement shall be recorded in the office c County Recorder and copies thereof filed with the Planning Director prior tl issuance of building permits for the project. 3. Approval of CUP 96-11 is granted subject to the approval of SDP 96-01, CT 96-03 PUD 96-01. CUP 96-11 is subject to all conditions contained in Planning Commi Resolutions No. 3986,3987 and 3988 for the Site Development Plan, Tentative 7 Map and Non-residential Planned Unit Development. 4. This Conditional Use Permit is granted for a period of 10 years. This Conditiona Permit shall be reviewed by the Planning Director on a yearly basis to determine conditions of this permit have been met and that the use does not have a subst negative effect on surrounding properties or the public health and welfare. I Planning Director determines that the use has such substantial negative effect: Planning Director shall recommend that the Planning Commission, after providin permittee the opportunity to be heard, add additional conditions to reduce or eliminal substantial negative effects. This permit may be revoked at any time after a p hearing, if it is found that the use has a substantial detrimental effect on surrounding uses and the public’s health and welfare, or the conditions imposed herein have not met. This permit may be extended for a reasonable period of time not to exceed 10 upon written application of the permittee made no less than 90 days prior tc expiration date. The Planning Commission may not grant such extension, unless it that there are no substantial negative effects on surrounding land uses or the pu’ health and welfare. If a substantial negative effect on surrounding land uses a PC RES0 NO. 3989 -3 - *T 0 0 t. ’ 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 public’s health and welfare is found, the extension shall be denied or granted conditions which will eliminate or substantially reduce such effects. There is no li the number of extensions the Planning Commission may grant. 5. The Developer shall report, in writing, to the Planning Director within 30 days address change from that which is shown on the conditional use permit application. 6. A parking study is required within one year of the completion of each phase of project to determine if there is a shortage of parking spaces onsite to accommoc the parking demand generated by the project. Building permits for the subseql phase or phases of the project will not be issued unless this requirement is coml with. Should the Planning Director determine at any time that the parking sup] onsite is inadequate he shall have the authority to require any mitigation measu he deems necessary to eliminate any parking problems. PASSED, APPROVED AND ADOPTED at a regular meeting of the Pla Commission of the City of Carlsbad, California, held on the 18th day of September 1996,l following vote, to wit: AYES: Chairperson Compas, Commissioners Heineman, Nielsen, N Savary and Welshons NOES: Commissioner Monroy ABSENT: None ABSTAIN: None WILLIAM COMPAS, Chairp CARLSBAD PLANNING COMMISSION ATTEST: A 1 MICHAEL J. HOLZMILER Planning Director PC RES0 NO. 3989 -4- I