HomeMy WebLinkAbout1997-09-20; Planning Commission; Resolution 4168a
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PLANNING COMMISSION RESOLUTION NO. 4168
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A FIVE
YEAR EXTENSION OF A CONDITIONAL USE PERMIT
ALLOWING A PRIVATE BEACH CLUB FACILITY ON THE
PROPERTY GENERALLY LOCATED ON THE WEST SIDE
OF OCEAN STREET APPROXIMATELY 200 FEET SOUTH
OF CARLSBAD VILLAGE DRVIE/OCEAN STREET
INTERSECTION IN LOCAL FACILITIES MANAGEMENT
ZONE 1.
CASE NAME: CARLSBAD INN BEACH FACILITY
CASE NO. : CUP 271x2
WHEREAS, Carlsbad Inn, Limited, “Developer”, has filed a ve
application with the City of Carlsbad regarding property owned by Carlsbad Inn, Lin
“Owner”, described as
A Portion of unnumbered block in the town of Carlsbad, in
the City of Carlsbad, County of San Diego, State of California,
according to the Map thereof number 535, filed in the office of
the County Recorder of San Diego County, and the portion of
Ocean Street as shown on said Map, closed to public use.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional
Permit Extension as shown on Exhibit(s) “A” - “D” dated March 13, 1985, on file i~
Carlsbad Planning Department, as provided by the conditions of approval of CUP 271
Chapter 21.42.020 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of September I
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testir
and arguments, if any, of all persons desiring to be heard, said Commission considered all fa
relating to CUP 271x2.
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WHEREAS, on August 14, 1985, the Planning Commission approved CUI
as described and conditioned in Planning Commission Resolution No. 2469; and
WHEREAS, on September 19, 1990, the Planning Commission approved
271x1, as described and conditioned in Planning Commission Resolution No. 3080.
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 Pla
Commission APPROVES Conditional Use Permit Extension CUP 271x2,
on the following findings and subject to the following conditions:
FindinEs:
1. That the requested use is still necessary or desirable for the development o
community, is essentially in harmony with the various elements and objectives c
General Plan, and is not detrimental to existing uses specifically permitted in the zc
which the proposed use is located, in that the Carlsbad Inn Beach Facility pror
usage and enjoyment of the beach area and that the facility is compatible wit
surrounding uses and residential properties.
2. That the site for the intended use is still adequate in size and shape to accommoda.
use, in that the entire Beach Club Facility and related structures fit within
existing site without any encroachment into the adjacent properties or public b
access.
3. That all the yards, setbacks, walls, fences, landscaping, and other features necessa
adjust the requested use to existing or permitted future uses in the neighborhoot
provided and are still maintained, in that the Beach Club Facility and con
staircase providing access is adequately maintained for the public safety an( I
~ patrons who utilize it.
I 4. That the street system serving the proposed use is still adequate to properly hand
traffic generated by the proposed use, in that Ocean Street, a local street , has not
significantly impacted due to any increase in traffic volume and that the parkin:
the facility is adequately served by the adjacent Carlsbad Inn.
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PC RES0 NO. 4168 -2-
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Conditions:
1. Planning Commission does hereby Approve the Conditional Use Permit Extensic
the project entitled Carlsbad Inn Beach Facility (Exhibit(s) “A” - “D” dated Marc
1985, on file in the Planning Department and incorporated by this reference, subj
the conditions herein set forth.) Staff is authorized and directed to make, or rc
Developer to make, all corrections and modifications to the Conditional Use E
document(s), as necessary, to make them internally consistent and in conformity
final action on the project. Development shall occur substantially as shown i
approved Exhibits. Any proposed development substantially different from this appJ
shall require an amendment to this approval.
2. All conditions of approval imposed upon CUP 271x1 as stated in Planning Corn
Resolution 3080 shall apply as conditions of approval for CUP 271x2 except as expl
modified. Condition No. 28 of CUP 271x1 shall be replaced with Condition :
below.
3. This conditional use permit is extended for a period of five (5) years beginnir
September 19,1995, and expiring on September 19,2000, unless subsequent exter
are approved. This conditional use permit shall be reviewed by the Planning Directo:
yearly basis to determine if all conditions of this permit have been met and that the usc
not have a significant detrimental impact on surrounding properties or the public heal1
welfare. If the Planning Director determines that the use has such significant ac
impacts, the Planning Director shall recommend that the Planning Commission,
providing the permittee the opportunity to be heard, add additional conditions to mi
the significant adverse impacts. This permit may be revoked at any time after a 1
hearing, if it is found that the use has a significant detrimental affect 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 fi~
years, upon written application of the permittee made no less than 90 days prior t
expiration date. In granting such extension, the Planning Commission shall find th
substantial adverse affect on surrounding land uses or the public’s health and welfart
result because of the continuation of the permitted use. If a substantial adverse affe
surrounding land uses or the public’s health and welfare is found, the extension sh;
considered as an original application for a conditional use permit. There is no limit ‘
number of extensions the Planning Commission may grant.
4. The project shall provide signage to the satisfaction of the Planning Director. Sig
shall be located at the top and bottom of the stairway providing notification tha
stairway is public access.
5. Hours of operation for the beach club facility will be no earlier than 9:OO a.m.
no later than 9:OO p.m. The beach facility decks shall be locked to prevent a
between the hours of 9:OO p.m. and 9:OO a.m. and shall be patrolled at night b:
Carlsbad Inn guard.
PC RES0 NO. 4168 -3-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Pla
Commission of the City of Carlsbad, California, held on the 17th day of September 1997,l
following vote, to wit:
AYES: Chairperson Nielsen, Commissioners Heineman, Monroy, h
Savary and Welshons
NOES: None
ABSENT: Commissioner Compas
ABSTAIN: None
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ROBERT NIELSEN, Chairperson
CARLSBAD PLANNING COMMISSION
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ATTEST:
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Planning Director
PC RES0 NO. 4168 -4-