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 @
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HDP 96-01 - CARLSBAD RACEWAY ACCESS
March 20, 1996
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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
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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