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Home My WebLink About1996-11-20; Planning Commission; Resolution 40126- 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 PLANNING COMMISSION RESOLUTION NO. 4012 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE ALLOW THE ADDITION OF A TENNIS COURT, TWO SAND VOLLEYBALL COURTS, AND A BASKETBALL HALF- COURT ON PROPERTY GENERALLY LOCATED AT 6400 SURFSIDE LANE IN LOCAL FACILITIES MANAGEMENT ZONE 22. CASE NAME: SEAPOINTE RESORT RECREATION CASE NO.: SDP 95- 1 O(A) WHEREAS, Grand Pacific Resorts, “Developer”, has filed a verified applic with the City of Carlsbad regarding property owned by North San Diego County TI Development Board, “Owner”, described as DEVELOPMENT PLAN AMENDMENT NO. SDP 95-10(A) TO FACILITIES 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 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, San Bernardino base and meridian (“the Property”); and WHEREAS, said verified application constitutes a request for a Site Develor Plan Amendment as shown on Exhibits “A” and “B” dated November 20, 1996, on file : Planning Department, (Site Development Plan Amendment SDP 95-10(A)) as provided t conditions of approval of SDP 95-10 and Chapter 21.06 of the Carlsbad Municipal Code; an WHEREAS, the Planning Commission did, on the 20th day of November hold a duly noticed public hearing as prescribed by law to consider said request; and c (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 WHEREAS, at said public hearing, upon hearing and considering all testi and arguments, if any, of all persons desiring to be heard, said Commission considered all f relating to the Site Development Plan amendment SDP 95-10(A). WHEREAS, on November 1, 1995, the Planning Commission approved: 95-10, as described and conditioned in Planning Commission Resolution No. 3827. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pla 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 Comm APPROVES (of) Site Development Permit, SDP 95-10(A) based 0: following findings and subject to the following conditions: Findings: - 1. The Planning Commission finds that the project, as conditioned herein for SDP 95- is in conformance with the Elements of the City’s General Plan, based on the following Land Use - The proposed use is allowed within the Transportation Corridor in t is temporary recreational open space and low intensity in nature. 2. That the requested use is properly related to the site, surroundings and environn settings, is consistent with the various elements and objectives of the General Plan, wj be detrimental to existing uses or to uses specifically permitted in the area in whic proposed use is to be located, and will not adversely impact the site, surroundings or i circulation, in that it will provide additional recreation facilities to the SU~~OUI circulation system. 3. That the site for the intended use is adequate in size and shape to accommodate the L that all of the proposed facilities fit within the site and that there is remaining space. 4. That all yards, setbacks, walls, fences, landscaping, and other features necessary to : the requested use to existing or permitted future uses in the neighborhood will be pro and maintained, in that the facilities shall be built according to the approved ex1 “A” and “B” dated November 20,1996, on file with the Planning Department. ~ 27 28 ... PC RES0 NO. 4012 -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 0 e 5. That the street systems serving the proposed use is adequate to properly handle all I generated by the proposed use, in that the two tennis courts are anticipated to h maximum daily traffic of 60 ADT and the other facilities are expected to gen similarly low levels of average daily traffic. Conditions: 1. The Planning Commission does hereby APPROVE the Site Development Amendment for the project entitled “Seapointe Resort Recreation Facilities” (Ex “A” and “€3” dated November 20, 1996, on file in the Planning Departmen incorporated by this reference, subject to the conditions herein set forth). St authorized and directed to make, or require Developer to make, all correction modifications to the Site Development Plan Amendment docurnent(s), as necessa make them internally consistent and in conformity with final action on the PI Development shall occur substantially as shown in the approved Exhibits. Any pro: development substantially different from this approval, shall require an amendment t approval. All conditions of prior approval remain in full force and effect exce modified herein. 2. The Developer/Operator shall and does hereby agree to indemnify, protect, defend anc harmless the City of Carlsbad, its Council members, officers, employees, agents representatives, from and against any and all liabilities, losses, damages, demands, c and costs, including court costs and attorney’s fees incurred by the City arising, direc indirectly, from (a) City’s approval and issuance of this Conditional Use Permit, (b) ( approval or issuance of any permit or action, whether discretionary or non-discretions connection with the use contemplated herein, and (c) Developer/Operator’s installatio operation of the facility permitted hereby, including without limitation, any ar liabilities arising from the emission by the facility of electromagnetic fields or other e waves or emissions. 3. The Developer shall provide the City with a reproducible 24” x 36”, mylar copy of th Plan as approved by the final decision making body. The Site Plan shall refle, conditions of approval by the City. The Plan copy shall be submitted to the City En€ and approved prior to building, grading, final map, or improvement plan subn whichever occurs first. 4. The Developer shall include, as part of the plans submitted for any permit plan cht reduced, legible version of the approving resolution on a 24“ x 36” blueline drawing. 5. The Developer shall pay the public facilities fee adopted by the City Council on Jul 1987 (amended July 2, 1991) and as amended from time to time, and any developmen established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal or other ordinance adopted to implement a growth management system or Facilitie Improvement Plan and to fulfill the subdivider’s agreement to pay the public facilitil dated August 12, 1993, a copy of which is on file with the City Clerk and is incorpc PC RES0 NO. 4012 -3- 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 by this reference. If the fees are not paid, this application will not be consistent wii General Plan and approval for this project will be void. 6. Approval of SDP 95-10(A) is granted subject to the approval of CUP 93-04(B). 7. Signage shall be provided to the satisfaction of the Planning Director identifyin recreation facilities as “available to the public” and that facility time shoul reserved through the Seapointe activity desk. 8. The facilities shall be made available to the general public either free of charge a to exceed the fee charged to the guests of the Seapointe Resort. A reservation sy to be approved by the Planning Director and administered by the Seapointe R activities desk shall be established prior to use of the facilities with a reservz window not to exceed 48 hours prior to the desired time and day of use; and allows facility time that has not been booked within the day of use. This reservz system may be reviewed and adjusted on a periodic basis subject to the appro’ the Planning Director. Code Reminders 9. Approval of this request shall not excuse compliance with all applicable sections ( Zoning Ordinance and all other applicable City ordinances in effect at time of bu permit issuance, except as otherwise specifically provided herein. 10. 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 be so implerr and maintained according to their terms, the City shall have the right to revoke or IT all approvals herein granted; deny or Mer condition issuance of all future bu permits; deny, revoke or further condition all certificates of occupancy issued undl authority of approvals herein granted; institute and prosecute litigation to compel compliance with said conditions or seek damages for their violation. No vested rig]: gained by Developer or a successor in interest by the City’s approval of thi: Development Plan Amendment. The Developer shall comply with all appl provisions of federal, state and local ordinances in effect at the time of building I issuance. ... ... I ... ... I 1 ... ... I PC RES0 NO. 4012 -4- 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 0 e PASSED, APPROVED AND ADOPTED at a regular meeting of the pla Commission of the City of Carlsbad, California, held on the 20th day of November 1996,l following vote, to wit: AYES: Chairperson Compas, Commissioners Heineman, Mo Nielsen, Noble, Savary and Welshons NOES: None ABSENT: None ABSTAIN: None CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOBMIIYER Planning Director 1 PC RES0 NO. 4012 -5-