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HomeMy WebLinkAbout1997-12-03; Planning Commission; Resolution 4138w e 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 PLANNING COMMISSION RESOLUTION NO. 4138 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING GENERALLY LOCATED AT THE NORTHEAST CORNER OF ISLAND WAY AND SURFSIDE LANE IN LOCAL FACILITIES MANAGEMENT ZONE 22. CASE NAME: SEAPOINTE RESORT EXPANSION CASE NO.: CP 97-04 WHEREAS, Grand Pacific Resorts, Inc., “Developer”, has filed a vel application with the City of Carlsbad regarding property owned by Carlsbad Seapointe Rc 11, L.P., “Owner”, described as CONDOMINIUM PERMIT CP 97-04 ON PROPERTY That portion of Lot 2, Section 20, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the Official Plat thereof, bounded on the west by the easterly line of the land described in Deed to the State of California recorded October 4, 1951, in Book 4253, Page 578 of Official Records as Document No. 121143, bounded on the east by the westerly line of that parcel of land conveyed in Deed to Atchison, Topeka and Santa Fe Railway Company, recorded January 29, 1946 as Document No. 9749, in Book 2031, Page 277 of Official Records; bounded on the south by the northerly line of La Costa Downs, Unit No. 1 according to Map thereof No. 2013, and bounded on the north by the north line of the south 60 acres of Lots 1,2 and 3 and the southeast quarter of the southeast quarter of Section 20 and Lot 4 and the southwest quarter of southwest quarter of Section 21, Township 12 South, Range 4 West, San Bernardino Base and Meridian, excepting from said Lots 1 and 2, and portions thereof, now or herebefore lying below the mean high tide line of the Pacific Ocean (“the Property”); and WHEREAS, said verified application constitutes a request for a Condomini Permit as shown on Exhibit(s) “A”-“N” dated December 3, 1997, on file in the Plann Department, Condominium Permit CP 97-04 as provided by Chapter 21.47 of the Carlsl Municipal Code; and 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 0 0 WHEREAS, the Planning Commission did, on the 3rd day of December 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 persons desiring to be heard, said Commission considered all fa relating to the Condominium Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plar 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: APPROVES Condominium Permit 97-04 , based on the following findings subject to the following conditions: Findinzs: 1. That the granting of this permit will not adversely affect and will be consistent wit1 City code, the General Plan, applicable specific plans, master plans, and all adopted p of the City and other governmental agencies, in that the use is consistent with General Plan and Zoning; and in that the project is the expansion of an exis facility; and 2. That the proposed use at the particular location is necessary and desirable to provic service or facility which will contribute to the general well-being of the neighborh and community, in that the project will provide additional tourist rel; accommodations near the beach; and 3. That such project will not be detrimental to the health, safety or general welfarc persons residing or working in the vicinity, or injurious to property or improvement the vicinity, in that the project is the expansion of an existing timeshare/hotel facili 4. That the proposed nonresidential planned development meets all of the mink development standards of the underlying zone, except for the lot area, in that there no variances to development standards requested; the building does not con1 more than three levels; setbacks have been provided beyond the minimum at a r: of one additional foot per every additional vertical foot above 35 feet; the build has been conditioned to conform with the requirements of Section 18.04.170 of Carlsbad Municipal Code; and no part of the building exceeds 45 feet in heil including architectural projections. PC RES0 NO. 4138 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 e c Conditions: 1. The Planning Commission does hereby APPROVE (of) the Condominium Perm the project entitled Seapointe Resort Expansion (Exhibits ‘‘A” - “N” dated Decel 3,1997 on file in the Planning Department and incorporated by this reference, subjL the conditions herein set forth.) Staff is authorized and directed to make, or re( Developer to make, all corrections and modifications to the Planned Unit Develop document(s), as necessary, to make them internally consistent and in conformity final action on the project. Development shall occur substantially as shown ir approved Exhibits. Any proposed development substantially different from this appr shall require an amendment to this approval. 2. This approval is granted subject to the approval of CT 97-06. PASSED, APPROVED AND ADOPTED at a regular meeting of the plan Commission of the City of Carlsbad, California, held on the 3rd day of December 1997, bl following vote, to wit: AYES: Commissioners Compas, Heineman, Monroy, Noble and Savar NOES: Chairperson Neilsen and Commissioner Welshons ABSENT: ABSTAIN: 18 19 ROBERT NIELSEN, Chairperson 20 - CARLSBAD PLANNING COMMISSION 21 22 23 24 25 26 27 28 ATTEST: PC RES0 NO. 4138 -3 -