The URL can be used to link to this page

Home My WebLink About1984-09-12; Design Review Board; Resolution 0381 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 DESIGN REVIEW BOARD RESOLUTION NO. 038 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A REDEVELOPMENT PERMIT AND CONDITIONAL USE PERMIT TO DEVELOP A 54 UNIT TIME-SHARE CONDOMINIUM, 23 UNIT HOTEL AND RESTAURANT ON 1.56 ACRES OF PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF CARLSBAD BOULEVARD BETWEEN WALNUT AVENUE AND PINE AVENUE. APPLICANT: TAMARACK BEACH RESORT CASE NO.: RP/CUP 84-11/CP-290 WHEREAS, a verified application has been filed with the :ity of Carlsbad and referred to the Design Review Board; and WHEREAS, said verified application constitutes a request 3s provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, purusant to the provisions of the Municipal Code :he Design Review Board did, on the 8th day of August, and 12th day >f September 1984, hold a duly noticed public hearing to consider ;aid application on property described as: A portion of Tracts 201 and 202 of Thum Lands, in the City of Carlsbad, according to Map thereof No. 1681, filed in the Office of the County Recorder, December 9, 1915. WHEREAS, at said public hearing, upon hearing and :onsidering all testimony and arguments, if any, of all persons lesiring to be heard, said Board considered all factors relating to tP/CUP 84-1 1. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review 3oard of the City of Carlsbad as follows: 1) That the above recitations are true and correct. 3) That based on the evidence presented at the public hearing, the Board recommends APPROVAL of RP/CUP 84-1 1/CP-290, based on the following findings and subject to the following conditions: 7 ind ings : I) The proposed project is consistent with the goals and objectives of the Village Design Manual, as discussed in the staff report. 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 project is consistent with the City's General Plan since the proposed non-residential condominium is consistent with the Travel Service designation specified for the site as indicated on the Land Use Element of the General Plan. The granting of the condominium permit will not adversely affect and will be consistent with the code the general plan, applicable specific plans, master plans, and all adopted plans of the city and other governmental agencies, as discussed in the staff report. The proposed use at the particular location is necessary and desirable to provide a service or facility which will contribute to the general well-being of the neighborhood and the community, as discussed in the staff report. That the site for intended use is adequate in size and shape to accommodate the use, as discussed in the staff report. That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, as discussed in the staff report. Such use will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity, as discussed in the staff report. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, as discussed in the staff report. That this project is located in reasonable proximity to an existing resort or public recreation area, as discussed in the staff report. That this project can function financially and geographically as a successful time share project, as discussed in the staff report. That this project will not be disruptive to existing or future uses in the surrounding neighborhood, as discussed in the staff report. The proposed non-residential planned development meets all of minimum development standards of the underlying zone, except for lot area, as discussed in the staff report. This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Land Use Planning Manager on July 17, 1984 and approved by the Design Review Board on August 8, 1984. RES0 NO. 038 -2- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Conditions: Approval is granted for RP/CUP 84-11/CP-290, as shown on Exhibits "A", "B", "C", "D" and "E", dated August 8, 1984, and Exhibits 'IF" - "M", dated June 11, 1984, incorporated by reference and on file in the Land Use Planning Office. Development shall occur substantially as shown unless otherwis noted in these conditions. This project is approved upon the express condition that building permits will not be issued for development of the subject property unless the City Engineer determines that sew€ facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. This project is approved upon the express condition that the applicant shall pay a public facilities fee as required by Cit Council Policy No. 17, dated April 2, 1982, on file with the City Clerk and incorporated herein by reference, and accordinq to the agreement executed by the applicant for payment of said fee, a copy of that agreement, dated August 6, 1984, is on fil with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, this application will not be consistent with the General Plan and approval for this project shall be void. Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable Citi ordinances in effect at time of building permit issuance. The applicant shall prepare a reproducible mylar of the final site plan incorporating the conditions contained herein. Said site plan shall be submitted to and approved by the Land Use Planning Manager prior to the issuance of building permits. The applicant shall establish a homeowner's association and corresponding covenants, conditions and restrictions. Said CC&R's shall be submitted to and approved by the Land Use Planning Manager prior to final map approval. The applicant shall prepare a detailed landscape and irrigatic plan which shall be submitted to and approved by the Land Use Planning Manager prior to the issuance of building permits. All parking lot trees shall be a minimum of 15 gallons in size. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. Any signs proposed for this development shall be designed in conformance with the City's Sign Ordinance and shall require review and approval of the Land Use Planning Manager prior to installation of such signs. RES0 NO. 038 -3- 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 Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates pursuant to City standards. Location of said receptacles shall be approved by the Land Use Planning Manager . All roof appurtenances, including air conditioners, shall be architecturally integrated and shielded from view and the sounc buffered from adjacent properties and streets, pursuant to Building Department Policy No. 80-6, to the satisfaction of thc Land Use Planning Manager and Building and Planning Director. Approval of Redevelopment Permit/Conditional Use Permit 84-11 is granted subject to approval of Tentative Tract No. 84-21. The applicant shall enter into agreement with the City for operation of the project as a hotel, should the project cease operation as a time-share and conversion be necessary. Said agreement shall be executed prior to final map. No unit within the time-share portion of the project shall sell for an increment of time to exceed one month. A note indicating this shall be placed on the final map of all time- share projects. Building permits must be issued for this project within two years from the date of approval. If permits are not issued within this period, approval of this application shall become null and void. PASSED, APPROVED AND ADOPTED at a regular meeting of the lesign Review Board of the City of Carlsbad, California, held on :he 12th ITTEST: n day of September, 1984, by the following vote, to wit: AYES : MC COY, SCHLEHUBER, HOLMES, ROMBOTIS and MARCUS NOES: NONE ABSENT: NONE ABSTAIN: NONE c , ChairHrson bkARLBAD DESIGN REVu BOARD [dk % ZHRTS SALOMDNE, ZOMMUNITY REDEVELOPMENT MANAGER IRB RES0 NO. 038 -4-