HomeMy WebLinkAbout1996-11-26; City Council; Resolution 96-3821
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RESOLUTION NO. 96-382
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING SITE
DEVELOPMENT PLAN NO. SDP 96-01, TENTATIVE TRACT
MAP NO. CT 96-01, NON-RESIDENTIAL PLANNED UNIT
DEVELOPMENT NO. 96-01 AND CONDITIONAL USE
PERMIT NO. CUP 96-11 FOR A PROJECT CONTAINING 161
TIMESHARE UNITS, 90 HOTEL UNITS AND 3
RESTAURANTS WITH COMMON PARKING FACILITIES
PROVIDING FOR AN 11 PERCENT REDUCTION IN TOTAL
REQUIRED PARKING ON 12.20 ACRES GENERALLY
LOCATED ON THE WEST SIDE OF ARMADA DRIVE,
NORTH OF PALOMAR AIRPORT ROAD WITHIN PLANNING
AREA 3 OF THE CARLSBAD RANCH SPECIFIC PLAN.
CASE NAME: CARLSBAD RANCH HOTEL &
CASE NO.:
TIMESHARE RESORT
SDP 96-01/CT 96-01PUD 96-O1/CUP 96-1 1
The City Council of the City of Carlsbad, California, does hereby re
follows:
WHEREAS, on September 18, 1996 the Carlsbad Planning Commissio
duly noticed public hearing to consider a proposed Site Development Plan, Tentative Tri
Non-residential Planned Unit Development and a Conditional Use Permit for a
containing 161 timeshare units, 90 hotel units and 3 restaurants with common parking ;
providing for an 11 percent reduction in total required parking on 12.20 acres of 1s
adopted Planning Commission Resolutions No. 3986, 3987,3988 and 3989 recommendii
City Council that the Site Development Plan, Tentative Tract Map, Non-residential P1an.1
Development, and Conditional Use Permit be approved; and
WHEREAS, the City Council of the City of Carlsbad, on November 12
held a public hearing to consider the recommendation and heard all persons interest(
opposed to SDP 96-01, CT 96-01, PUD 96-01, and CUP 96-11; and
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WHEREAS, an Initial Study was prepared for the project and it was del
that the project was in Prior Compliance with the Program Environmental Impact Rep
94-01) certified for the Carlsbad Ranch Specific Plan Amendment and related apph
January 9,1996 by the City Council,
NOW THEREFORE, BE IT RESOLVED by the City Council of the
Carlsbad, California, as follows:
1.
2.
That the above recitations are true and correct.
That the recommendations of the Planning Commission for the
of Site Development Plan 96-01, Tentative Tract Map 96-01, Non-residential Plam
Development 96-01, and Conditional Use Permit 96-1 1 is approved and that the findi
conditions of the Planning Commission contained in Planning Commission Resoluti
3986, 3987, 3988, and 3989 on file with the City Clerk and incorporated herein by referc
the findings and conditions of the City Council along with the following additional condi
That Condition No. 6 of Planning Commission Resolul a.
3989 is amended to read as follows:
“A parking study is required within one year of the compl
each phase of the project to determine if there is a shortage of parking spaces o
accommodate the parking demand generated by the project.
determine at any time that the parking supply onsite is inadequate he shall bring the proj
a recommendation as to how to address the parking shortage before the City Council w
have the authority to require any mitigation measures it deems necessary so that the total
of parking spaces required for the project by the Zoning Ordinance are available. I
Should the Planning
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permits for the subsequent phase or phases of the project will not be issued unless the
study is completed and any required mitigation measures are implemented.
One such mitigation measure may include the joint use 01
facilities as specified in Section 21.44.050(a)(4) of the Zoning Ordinance in conjunct.
valet parking. In order to not preclude this option the project applicant (Grand Pacific
and the owner of Lot 15 of CT 94-09 shall enter into an agreement (The First Agreemen
provides that the owner of Lot 15 agrees to enter into a Joint Use Parking Agreemc
Second Agreement) if it is determined to be necessary by the City Council to eliminate a
shortage on Lot 14 of Map No. 13215. Said agreement (The First Agreement) shall be
in the Office of the County Recorder and a copy of the recorded document subrnitte
Planning Director prior to approval of the Final map, issuance of the grading permit, or
of the building permit whichever occurs first. The agreement (The First Agreement) SI
contain a provision indicating that it cannot be modified or eliminated without the prioi
consent of the City Council and that it shall survive all ownership transfers of both lots.
Should joint use parking be determined to be necessary it
processed pursuant to Section 21.44.050(a)(4) of the Zoning Ordinance except that 1
Council and not the Planning Commission will have the authority to authorize the join
parking facilities for this project.’’
“NOTICE TO APPLICANT”
“The time within which judicial review of this decision must be
sought is governed by Code of Civil Procedure, Section 1094.6,
which has been made applicable in the City of Carlsbad by
Carlsbad Municipal Code Chapter 1.16. Any petition or other
paper seeking judicial review must be filed in the appropriate court
no later than the ninetieth day following the date on which this
decision becomes final; however, if within ten days after the
decision becomes final a request for the record of the proceedings
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accompanied by the required deposit in an amount sufficient to
cover the estimated cost of preparation of such record, the time
within which such petition may be filed in court is extended to not
latter than the thirtieth day following the date on which the record
is either personally delivered or mailed to the party, or his attorney
of record, if he has one. A written request for the preparation of
the record of the proceedings shall be filed with the City Clerk,
City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad,
California 92008.”
EFFECTIVE DATE: This resolution shall be effective upon its adoption
PASSED AND ADOPTED at a regular meeting of the City Council of thc
Carlsbad on the 26th day of November 1996, by the following vote, to wit:
AYES:
NOES: None
ABSENT: None
Council Members Lewis, Nygaard, Kulchin, Finnila,
ATTEST:
ALETHA L. RAUTENKRANZ, City Cler
(SEAL)
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