HomeMy WebLinkAbout1997-02-18; City Council; Resolution 97-74I 1
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CITY COUNCIL RESOLUTION NO. 97-74
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A COASTAL,
DEVELOPMENT PERMIT FOR A PROJECT CONTAINING
161 TIMESHARE UNITS, 90 HOTEL UNITS AND 3
RESTAURANTS WITH COMMON PARKING FACILITIES
PROVIDING FOR AN 11 PERCENT PARKING REDUCTION
ON 12.20 ACRES OF PROPERTY GENERALLY LOCATED
ON THE WEST SIDE OF ARMADA DRIVE, NORTH OF
PALOMAR AIRPORT ROAD WITHIN PLANNING AREA 3 OF
THE CARLSBAD RANCH SPECIFIC PLAN AND IN LOCAL
FACILITIES MANAGEMENT ZONE 13.
CASE NAME: CARLSBAD RANCH HOTEL &
CASE NO. : CDP 96-02
WHEREAS, Grand Pacific Resorts “Developer” has filed a verifiel
application with the City of Carlsbad regarding property owned by the Carltas Compan!
“Owner”, described as
TIMESHARE RESORT
Lot 14 of Carlsbad Tract No. 92-7 in the City of Carlsbad,
County of San Diego, State of California, according to map
thereof No. 13215, filed in the Office of the County Recorder of
San Diego County on June 30,1995.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exlubit(s) “A”- “V” dated September 18,1996, on file ir
the Planning Department, CDP 96-02 as provided by Chapter 21.201.040 of the Carlsbac
Municipal Code; and
WHEREAS, the City Council did, on the 18th day of February ,
1997, 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
testimony and arguments, if any, of all persons desiring to be heard, said Council considered
all factors relating to CDP 96-02.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council (
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 City Counc
approves Coastal Development Permit, CDP 96-02, based on the followin
findings and subject to the following conditions:
Findinm:
1. That the proposed development is in conformance with the Certified Local Coast;
Program and all applicable policies in that the project is in compliance wit
relevant policies of the Mello I1 Segment of the Local Coastal Program, Tb
Carlsbad Ranch Specific Plan which serves as partial implementation for tb
Mello I1 Segment for the project site, and the Coastal Resource Protectio
Overlay Zone. The project has been conditioned to record a deed restriction a
required by Policy 6-10 of the Mello I1 Segment for the hotel and restauran
portions of the project specifying that any use conversions or restrictions tha
serve to be exclusionary shall require prior review through a local coasta
program amendment and/or a separate coastal development permit.
2. That the development is in conformity with the public access and public recreatio:
policies of Chapter 3 of the Coastal Act, in that the project design includes ,
pedestrian promenade which will be open to the public and no existing publi
accessways affect the project site.
3. That the development conforms with any applicable decision pertinent to thi
proposal and for site as set by the Coastal Commission on a previously relatei
appeals decision per Public Resources Code Section 30604(c), in that the project i!
not subject to any previously-related Coastal Commission appeals decision.
4. The project complies with the requirements of the Coastal Resource ProtectioI
Overlay Zone as the project site has been graded pursuant to previous approval:
and required drainage facilities are being installed. Site specific drainagc
improvements were required as conditions of approval for the other permit
approved for the project. The limitations on when grading is permitted to occu
in the Coastal Zone have been applied as conditions of this permit.
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Conditions:
1. The City Council does hereby APPROVE the Coastal Development Permit for tf
project entitled Carlsbad Ranch Hotel & Timeshare Resort (Exhibit(s) “A” - “V
dated September 18, 1996 on file in the Planning Department and incorporated t:
this reference, subject to the conditions herein set forth. Staff is authorized an
directed to make, or require Developer to make, all corrections and modifications 1
the Coastal Development Permit docwnent(s), as necessary, to make them internall
consistent and in conformity with final action on the project. Development sha
occur substantially as shown in the approved Exhibits. Any proposed developmer
substantially different fkom this approval, shall require an amendment to thi
approval.
2. All grading activity shall be prohibited between October 1st and April 1st of an
year, or as otherwise allowed by the Mello I1 Local Coastal Plan.
3. Prior to the issuance of a building permit for the two 6,000 square foc
restaurants on Lot 1 or the 90 unit hotel on Lot 2 the applicant shall submit
copy of a deed restriction recorded against both lots specifying that any us’
conversions or restrictions that serve to be exclusionary shall require review
through a local coastal program amendment and/or a separate coasta
development permit pursuant to Policy 6-10 of the Mello I1 Segment of the Ciq
of Carlsbad Local Coastal Program.
“NOTICE TO APPLICANT”
“The time within which judicial review of this decision must be sought is governet
by Code of Civil Procedure, Section 1094.6, which has been made applicable in thc
City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or othel
paper seeking judicial review must be filed in the appropriate court no later than thc
ninetieth day following the date on which this decision becomes final; however, i:
within ten days after the decision becomes final a request for the record of thc
proceedings accompanied by the required deposit in an amount sufficient to cover thc
estimated cost of preparation of such record, the time within which such petition ma!
be filed in court is extended to not latter than the thirtieth day following the date 01
which the record is either personally delivered or mailed to the party, or his attome!
of record, if he has one. A written request for the preparation of the record of thc
proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad
Village Drive, Carlsbad, California 92008.”
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I EFFECTIVE DATE: This resolution shall be effective upon its adoption.
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l PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council c
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the City of Carlsbad, California, held on the 18th day of February
' 1997, by the following vote, to wit:
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AYES: Council Members Lewis, Finnila, Kulchin, and Hall
NOES: Council Member Nygaard
ABSENT: None
ATTEST:
gZLvG AL THA bkA!!EN&bNZ, City Clerk
KAREN R- KUNDTZ, Assistant City Clerk
(SEAL)
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