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HomeMy WebLinkAbout1997-12-03; Planning Commission; Resolution 41391 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. 4139 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A FOR CONSTRUCTION OF A 17 UNIT TIMESHARE/HOTEL EXPANSION ON PROPERTY GENERALLY LOCATED ON THE NORTHEAST CORNER OF ISLAND WAY AND SURFSIDE LANE IN LOCAL FACILITIES MANAGEMENT ZONE 22. CASE NAME: SEAPOINTE RESORT EXPANSION CASE NO.: CUP 93-04(E) WHEREAS, Grand Pacific Resorts, Inc., “Developer”, has filed a ve application with the City of Carlsbad regarding property owned by Carlsbad Seapointe R 11, L. P., “Owner”, described as CONDITIONAL USE PERMIT AMENDMENT CUP 93-04(E) 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 Conditional Permit Amendment as shown on Exhibit(s) “A” - “N” dated December 3, 1997, on file in Carlsbad Planning Department Conditional Use Permit Amendment CUP 93-04(E) 0 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 provided by the conditions of approval of CUP 93-04 and Chapter 21.42 of the Carl Municipal Code; and WHEREAS, the Planning Commission did, on the 3rd day of December 3 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 fac relating to CUP 93-04(E). WHEREAS, on August 17, 1994, the Planning Commission approved CUE 04, as described and conditioned in Planning Commission Resolution No. 3692. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plan 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 Commis APPROVES Conditional Use Permit Amendment CUP 93-04(E), based OE following findings and subject to the following conditions: Findings: - 1. That the requested use is necessary or desirable for the development of the communit essentially in harmony with the various elements and objectives of the General Plan, is not detrimental to existing uses specifically permitted in the zone in which proposed use is located, in that the project will provide additional tourist re1 accommodations near the beach; in that the use is consistent with the General 1 and Zoning; and in that the project is the expansion of an existing facility; and 2. That the site for the intended use is adequate in size and shape to accommodate the us1 that the project is not proposed with any modifications to development standa the building does not contain more than three levels; setbacks have been provi beyond the minimum at a ratio of one additional foot per every additional verl foot above 35 feet; the building has been conditioned to conform with requirements of Section 18.04.170 of the Carlsbad Municipal Code; and no pal the building exceeds 45 feet in height, including architectural projections; and 1 PC RES0 NO. 4139 -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 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 neighborhood w: provided and maintained; and 4. That the street system serving the proposed use is adequate to properly handle all t~ generated by the proposed use, in that the average daily trips is anticipated to bt than 136 and Surfside Lane is designed to accommodate ; and 5. That the project has been designed to convert to a standard hotel if it cannc successfully marketed as a time share product; and 6. That a management and maintenance plan on file with the Planning Depart] has been prepared for Phase I of the Seapointe Resort and is applicable to the P I1 expansion as described in this Conditional Use Permit Amendment; and 7. That the project site is located in reasonable proximity to the Carlsbad State B and therefore can financially and geographically function as a succe! timeshare/hotel ; and 8. That the proposal will not be disruptive to existing or future uses in the surrouni neighborhood; and 9. That the exclusive use of any one timesharehotel unit is limited to a maximu] four months. Conditions: 1. The Planning Commission does hereby APPROVE the Conditional Use Pe Amendment for the project entitled Seapointe Resort Expansion through augmentation of Exhibits “A”-“N” dated December 3, 1997, to exhibits “A”- dated August 17, 1994 on file in the Planning Department and incorporated by reference, subject to the conditions herein set forth. Except as provided be Conditional Use Permit Amendment CUP 93-04@) resolution No. 4139 s supplement Planning Commission Resolution No. 3692, as amended to date. Sta authorized and directed to make, or require Developer to make, all corrections modifications to the Conditional Use Permit Amendment document(s), as necessaq make them internally consistent and in conformity with final action on the pro- Development shall occur substantially as shown in the approved Exhibits. Any prop( development substantially different from this approval, shall require an amendmefi this approval. 2. This conditional use permit amendment shall incorporate Seapointe Phases I an under a single Conditional Use Permit [CUP 93-04(E)] for operation of a timeshar PC RES0 NO. 4139 -3 - 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 the C-T Zone and shall expire August 17,2004. This conditional use permit amend: shall be reviewed by the Planning Director on a yearly basis to determine if all conditic this permit have been met and that the use does not have a significant detrimental imps surrounding properties or the public health and welfare. If the Planning Director deten that the use has such significant adverse impacts, the Planning Director shall recorn that the Planning Commission, after providing the permittee the opportunity to be 1 add additional conditions to mitigate the significant adverse impacts. This p amendment may be revoked at any time after a public hearing, if it is found that the us a significant detrimental affect on surrounding land uses and the public's health and we or the conditions imposed herein have not been met. This permit may be extended reasonable period of time not to exceed 10 years upon written application of the pern made no less than 90 days prior to the expiration date. In granting such extensior Planning Commission shall find that no substantial adverse affect on surrounding land or the public's health and welfare will result because of the continuation of the pern use. If a substantial adverse affect on surrounding land uses or the public's healtl- welfare is found, the extension shall be considered as an original application 1 conditional use permit. There is no limit to the number of extensions the Plar Commission may grant. 3. If the property owner/owners' address changes from that which is shown on the condit use permit amendment application, a notice of a change of address shall be reporte writing, to the Planning Department within 30 days. 4. Prior to the issuance of CUP 93-04(E) there shall be a Notice of Restriction placed 01 Deed to this property subject to the satisfaction of the Planning Director notifyin interested parties and successors in interest that the City of Carlsbad has issul Conditional Use Permit Amendment by Resolution No. 41 39 on the real property own€ the declarant. Said Notice of Restriction shall note the property description, location c file containing complete project details and all conditions of approval as well as conditions or restrictions specified for inclusion in the Notice of Restriction. restrictions referred to in said notice may be modified or terminated only with the appr of the Planning Director, Planning Commission or City Council of the City of Carl whichever has final decision authority for this project. 5. The maximum time increment for recurrent exclusive use of occupancy of timeshare unit shall be four months. A note indicating this requirement shal placed on the final map. 6. The tandem parking spaces in the basement of the new addition shall be marked reserved for employee use only. 7. This approval is granted subject to the approval of CT 97-06. ... 1 PC RES0 NO. 4139 -4- v 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 (I) 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, b following vote, to wit: AYES: Commissioners Compas, Heineman, Monroy, Noble and Sava NOES: Chairperson Neilsen and Commissioner Welshons ABSENT: ABSTAIN: ” TT.* 3: 1. .: . ROBERT NIELSEN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: /- -. II PC RES0 NO. 4139 -5-