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HomeMy WebLinkAboutHDP 96-01; Carlsbad Raceway Temporary Access Road; Hillside Development Permit (HDP)4 March 20, 1996 Mr. Robert W. Laing Wimpey Commercial Inc Suite 355 9171 Towne Centre Drive San Diego CA 92122 SUBJECT: HILLSIDE DEVELOPMENT PERMIT - HDP 96-01 - CARLSBAD RACEWAY ACCESS The City has completed a review of the application for a Hillside Development Permit for grading of 2,600 cubic yards of earthwork to create an access to the Carlsbad Raceway site, generally located north of Palomar Airport Road, between El Fuerte Street and Business Park Drive (assessor's parcel numbers 221-01 1-03, -04 and -05). The proposed access route would extend from the existing terminus of Poinsettia Drive, on the easternmost portion of the raceway property, to the existing dirt road system within the raceway property. It is the Planning Director's determination that the steep slopes areas proposed for development were created by previously authorized grading in conjunction with the construction of Poinsettia Drive and meet the criteria established in section 21.95.090(b)(l) of the Carlsbad Municipal Code. Therefore, the request for an exclusion to the requirements of the Hillside Development Ordinance, Chapter 21.95 of the Carlsbad Municipal Code is hereby APPROVED based on the following findings and subject to the following conditions: Findings: 1. Hillside conditions and undevelopable areas of the project (i.e. slopes over 40%) have been properly identified on the constraints map, Exhibit I'D, dated March 19,1996, which shows existing and proposed conditions and slope percentages. 2. The development proposal is consistent with the intent, purpose, and requirements of the Hillside Ordinance, Chapter 21.95, because it allows only those steep slopes created by previously authorized grading to be excluded from the requirements of the Hillside Development Ordinance. 3. The proposed grading and development of the property will not occur in undevelopable portions of the site, except for that portion created by previously authorized grading in conjunction with the construction of Poinsettia Drive which is excluded pursuant to section 21.95.090(2)(a) of the Carlsbad Municipal Code. 2075 Las Palmas Dr. Carlsbad, CA 92009-1 576 - (61 9) 438-11 61 - FAX (61 9) 438-0894 @ I HDP 96-01 - CARLSBAD RACEWAY ACCESS March 20, 1996 Paae 2 4. The project design substantially conforms to the intent of the concept illustrated in the Hillside Development Guidelines Manual in that all non-excluded steep slope areas are remaining preserved. 5. The project design and lot configuration minimize disturbance of hillside lands, in that the proposed area of grading is either less than 15 percent inclination or created by previously authorized grading in conjunction with the construction of Poinsettia Drive. 6. The Planning Director finds that: a. the project is a Subsequent Project as described in CEQA Guidelines - 151 68(c) (2) and (e); b. the project is consistent with the existing Conditional Use Permit for the Carlsbad Raceway (CUP 94-12); C. there was a Negative Declaration approved in connection with the prior Conditional Use Permit; d. the project has no new significant environmental effect not analyzed as significant in the prior Negative Declaration; e. none of the circumstances requiring Subsequent or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist; 7. The Planning Director finds that all feasible mitigation measures or project alternatives identified in the Neaative - Declaration which are appropriate to this Subsequent Project have been incorporated into this Subsequent Project. Conditions: 1. Approval is granted for HDP 96-01, as shown on Exhibits "A' - "E", dated March 19, 1996, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown on the approved exhibits. Any proposed grading and/or development substantially different from this approval as determined by the Planning Director, shall require an amendment to this Hillside Development Permit. 2. The Developer shall prepared a detailed landscape and irrigation plan in conformance with City's Landscape Manual. The plans shall be submitted to and approval obtained from the Planning Director prior to the approval of the grading permit. The Developer shall construct and install all landscaping as shown on the approved plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. HDP 96-01 - CARLSBAD RACEWAY ACCESS March 20, 1996 Pane 3 3. The first submittal of detailed landscape and irrigation plans shall be accompanied by the project’s grading plans. 4. If any of the foregoing conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time; if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this approval letter. Code Reminders: 1. The Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 2. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 3. All landscape and irrigation plans shall be prepared to conform with the Landscape Manual and submitted per the landscape plan check procedures on file in the Planning Department. CITY fl CARLSBAD Irn &$iuy Y .WAYNE Assis#nt Planning/ Director GEW:MG:kr C: Michael J. Holzmiller Bobbie Hoder Bob Wojcik Don Neu Jim Davis File Copy Data Entry Marjorie/Damon Larry Grismer Brooks Cavanaugh