HomeMy WebLinkAbout1997-12-03; Planning Commission; Resolution 41391 0 0
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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)
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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-
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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
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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.
...
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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
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