HomeMy WebLinkAbout1990-06-05; City Council; Resolution 90-167f
' i! a 0
1
2
3
4
90-167 RE%OLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL
USE PERMIT TO ALLOW SHARED PARKING BETWEEN
PLANNING AREAS 2 AND 10 OF MASTER PLAN 177 ON
PROPERTY GENERALLY LOCATED TO THE NORTH OF
BATIQUITOS DRIVE BETWEEN 1-5 AND EL CAMINO REAL.
CUP 90-5 - AVIARA
5
6
7
8
9
10
11
12
13
14
15
WHEREAS, on April, 4, 1990 the Carlsbad Planning Commisr
adopted Resolution No. 3003 recommending approval of Conditir
Use Permit 90-5; and
WHEREAS, a Notice of Prior Compliance has been issue(
the Planning Director on March 14, 1990, and recommended
approval by the Planning Commission on April 4, 1990.
WHEREAS, the City Council of the City of Carlsbad, on I
5, 1990 held a public hearing to consider the recommendations
heard all persons interested in or opposed to Conditional
Permit 90-5; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Cou
16
17
18
19
20
21
of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the findings and conditions of the Planning Commis
Resolution No. 3003, on file with the City Clerk
incorporated herein by reference constitute the finding
the City Council in this matter and that the Noticc
Prior Compliance, and to Conditional Use Permit 90-5
hereby approved.
22 11 - - -
23 ". 24
-**
25 /I ' -
26 ll * - 27 11
28
I
1
e e
PASSED, APPROVED AND ADOPTED at a regular meeting of t
2
3
4
5
6
Carlsbad City Council held on the 5th day of June
1990 by the following vote, to wit:
AYES : Council Members Lewis, Mamaux and Larson
NOES : None
ABSENT: Council Members Kulchin and Pettine
7
a
9 1 10
11
ATTEST :
12 &? n i,\ 4 ZL.~”,
13 ALETHA L. RAUTENKRANZ, City Clerk
14
15
(SEAL)
16
18
17
19 I
20
21
22
23
24
25 11 26
27
2
28
v W
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 COMMISION RESOLUTION NO. 3003
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW
SHARED PARKMG BETWEEN PLANNING AREAS 2 AND 10
OF MASTER PLAN 177 ON PROPERTY GENERALLY
LOCATED TO THE NORTH OF BATIQUITOS DRIVE
CASENAME AVIARA
BETWEEN 1-5 AND EL CAMINO REAL.
CASE NO: CUP 90-5
WHEREAS, a verified application has been filed with the City of Ca
referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided 1
of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the
Commission did, on the 4th day of April, 1990, hold a duly noticed public hearing to co1
application on property described as:
Lots 54, and 5 of Map 12409 and Lots 87 and 88 of Map 12410 of
Carlsbad Tract 85-35, City oE Carlsbad, County of San Diego, State of
California.
WHEREAS, at said public hearing, upon hearing and considering all testi
arguments, if any, of all persons desiring to be heard, said Commission considered
relating to CUP 90-5.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Cc
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 Commission rec
APPROVAL of CUP 90-5, based on the following findings and subject to the
conditions:
I
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
w W
Findings:
1. That the requested shared parking between the hotel and sports center is necc
desirable for the development of the community, is essentially in harmony with t
elements and objectives of the general plan, and is not detrimental to existing
uses specifically permitted in the zone in which the proposed shared parkin!
located.
2. That the site for the intended use is adequate in size and shape to accomm proposed shared parking.
3. That all of the setbacks, walls, fences, landscaping, and other features necessarq
the requested shared parking to existing or permitted future uses in the neighbo
be provided and maintained.
4. That the street system serving the proposed shared parking is adequate to prope
all traffic generated by the proposed shared parking. (Ord. 9252 sl(part), 1970
51401).
Conditions:
1. This conditional use permit is granted for a period of five years. This condii
permit shall be reviewed by the Planning Director on a yearly basis to detern
conditions of this permit have been met and that the use does not have a !
detrimental impact on surrounding properties or the public health and welfarc
Planning Director determines that the use has such siprnificant adverse impact. c
following mitigations shall be recruired to be implemented:
- 1. Restrict the hours of operation of the Sports Center in PlaMing Area
- 2 Provide additional parking in the seMce area of the hotel shuttle, or
- 10.
in PlanninP Area 11,
Anv additional park in^ constructed under mitigation - No. (21 above shall not encroach
areas currenth in open space as shown on Exhibits "A-E", dated April 4. 1990. This pt
be revoked at any time after a public hearing, if it is found that the use has a s
detrimental affect on surrounding land uses and the public's health and welfare, or the c
imposed herein have not been met. This permit may be extended for a reasonable peric
not to exceed five years upon written application of permittee made no less than 90 (
to the expiration date. In granting such extension, the Planning Commission shall fin
substantial adverse affect on surrounding land uses or the public's health and welfare is f
extension shall be considered as an original application for a conditional use permit. TI
limit to the number of extensions the Planning Commission may grant.
PC RES0 NO. 3003 -2-
1 I/ 7 w
2. Approval is granted for CUP 90-5 subject to the approval of MP 177(C) anc
1 2(A), and Conditional Use Permit 90-5. All conditions of approval of MP 177(C:
86-2(A) are incorporated herein by reference.
2
3 3. Approval of CUP 90-5 is subject to the condition that the proposed valet a
service shall be operated and maintained continuously by the hotel operator in
4 for the life of the hotel. Any substantial changes, as determined by the Planniq
shall necessitate a formal amendment of Site Development Plan 86-2(A) and C
5 Use Permit 90-5 to be processed.
I 6
7
8
9
4. This project is approved subject to the condition that all special events, as (
Section 8.17.010 of the Carlsbad Municipal Code including, but not limited to
tennis tournaments, shall require a Special Events Permit, pursuant to Section 8.1
8.17.060. Included with this permit application shall be a parking and circuls
Facilities not essential to the special event may be temporarily closed to the pub
duration of the event, as determined to be necessary by the Planning Director.
10
11
12
PASSED, APPROVED, AND ADOPTED at a regular meeting of thc
Commission of the City of Carlsbad, California, held on the 4th day of April, 1%
following vote, to wit:
13
14
AYES: Chairperson Schramm, Commissioners: Hall, Holmes
Schlehuber.
l5 I/ NOES Commissioners Erwin, McFadden.
16
17
18
ABSENT: None.
ABSTAIN: None.
19 I
20
21
22 ATTEST
" .
SHARON SCHRAMIh. ChairDerson
CARLSBAD PLANNING COMMISSION
23
24 v MICHAEL J. HOLZMKLER
25
26
PLANNING DIRECTOR
27 PC RES0 NO. 3003 -3-
28