HomeMy WebLinkAbout1996-11-20; Planning Commission; Resolution 4013t
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PLANNING COMMISSION RESOLUTION NO. 4013
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT AMENDMENT TO 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.: CUP 93-04(B)
WHEREAS, Grand Pacific Resorts, “Developer”, has filed a verified applic
with the City of Carlsbad regarding property owned by North San Diego Transit Develop
Board, “Owner”, described as
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 Conditiona
Permit Amendment as shown on Exhibits “A” and “B” dated November 20,1996, on file
Carlsbad Planning Department (Conditional Use Permit Amendment CUP 93-04(B)
provided by the conditions of approval of CUP 93-04 and Chapter 21.42 of the Car
Municipal Code; and
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
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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 Conditional Use Permit amendment CUP 93-04@).
WHEREAS, on August 17,1994, the Planning Commission approved, CI.
93-04, as described and conditioned in Planning Commission Resolution No. 3692.
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 Conditional Use Permit Amendment, CUP 93-04(B), based c
following findings and subject to the following conditions:
Findings:
I. The Planning Commission finds that the project, as conditioned herein for CUP 93-
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 tl
is temporary recreational open space and a low intensity use by nature.
2. That the requested use is desirable for the development of the community, is essentia
harmony with the various elements and objectives of the General Plan, and i;
detrimental to existing uses specifically permitted in the zone in which the proposed 1
located, in that it will provide additional recreation facilities to the surrouI
neighborhood.
3. That the site is adequate in size and shape to accommodate the use, in that all a
proposed facilities fit within the site and that there is remaining open space.
4. That all the yards, setbacks, walls, fences, landscaping, and other features necessa
adjust the requested use to existing or permitted future uses in the neighborhood w
provided and maintained, in that the facilities are approved per exhibits “A” and
dated November 20,1996, on file with the Planning Department.
5. That the street system serving the proposed use is adequate to properly handle all t
generated by the proposed use, in that the two tennis courts are anticipated to h:
PC RES0 NO. 4013 -2-
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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 Conditional Use E
Amendment for the project entitled “Seapointe Resort Recreation Facilities” (Ex
“A” and “B” 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 Conditional Use Permit Amendment document(s), as necessa
make them internally consistent and in conformity with final action on the pr
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-discretiona
connection with the use contemplated herein, and (c) Developer/Operator’s installatiol
operation of the facility permitted hereby, including without limitation, any an
liabilities arising from the emission by the facility of electromagnetic fields or other el
waves or emissions.
3. The Developer shall provide the City with a reproducible 24” x 36”, mylar copy of thc
Plan as approved by the final decision making body. The Site Plan shall reflec
conditions of approval by the City. The Plan copy shall be submitted to the City Eng
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 chc
reduced, legible version of the approving resolution on a 24” x 36” blueline drawing.
5.
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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 developmenl
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 facilitie
dated August 12, 1993, a copy of which is on file with the City Clerk and is incorpo
by this reference. If the fees are not paid, this application will not be consistent wit
General Plan and approval for this project will be void.
PC RES0 NO. 4013 -3 -
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6. The Developer shall report, in writing, to the Planning Director within 30 days, any a(
change from that which is shown on the conditional use permit application.
7. Signage shall be provided to the satisfaction of the Planning Director identifyin
recreation facilities as “available to the public” and that facility time shou.
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 reserva
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 c
Zoning Ordinance and all other applicable City ordinances in effect at time of buj
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 implemc
and maintained according to their terms, the City shall have the right to revoke or mi
all approvals herein granted; deny or further condition issuance of all future bui
permits; deny, revoke or further condition all certificates of occupancy issued unde
authority of approvals herein granted; institute and prosecute litigation to compel
compliance with said conditions or seek damages for their violation. No vested righl
gained by Developer or a successor in interest by the City’s approval of this Condit
Use Permit Amendment. The Developer shall comply with all applicable provisio
federal, state and local ordinances in effect at the time of building permit issuance.
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PC RES0 NO. 4013 -4-
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1 PASSED, APPROVED AND ADOPTED at a regular meeting of the €'la
2 Commission of the City of Carlsbad, California, held on the 20th day of November 1996 1
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following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, Mo
5 Nielsen, Noble, Savary and Welshons
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NOES: None
ABSENT: None
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ABSTAIN: None
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WILLIAM COMPAS, Chairperson y
13 CARLSBAD PLANNING COMMISSION
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15 ATTEST:
16 p 17 MICHAEL J. HOLYMILL&
l8 I/ Planning Director
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