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Home My WebLink About1995-10-03; City Council; Resolution 95-288li 0 0 1 2 3 4 5 6 7 8 9 10 11 12 RESOLUTION NO. 95-288 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A MASTER PLAN AMENDMENT, LOCAL COASTAL PROGRAM AMENDMENT, SITE DEVELOPMENT PLAN AMENDMENT7 CONDITIONAL USE PERMIT RESIDENTIAL PLANNED UNIT DEVELOPMENT PERMIT AMENDMENT AND EXCLUSION FROM THE HILLSIDE DEVELOPMENT ORDINANCE WITHIN PLANNING AREAS 1,2,9,10 AND 11 OF THE AVIARA MASTER PLAN GENERALLY LOCATED IN THE SOUTHWEST QUADRANT IN LOCAL FACILITIES MANAGEMENT ZONE 19. CASE NAME: FOUR SEASONS AVIARA RESORT AMENDMENT, TENTATIVE TRACT MAP, NON- CASE NO: MP 177(O)/LCPA 90-03(A)/SDP 86-02(B)/CUP 90-05(A)/CT 95-02/PUD 102(A)/HDP 95-11 WHEREAS, pursuant to the provisions of the Municipal Code, the Plal 13 I! Commission did, on September 20,1995, hold a duly noticed public hearing as presc 14 Development Plan Amendment, Conditional Use Permit Amendment, Tentative ' 15 y law to consider a Master Plan Amendment, Local Coastal Program Amendment I.6 Map, Non-residential Planned Unit Development Permit Amendment and exclusion 1 l" /the Hillside Development Ordinance; and 18 11 19 i i WHEREAS, the City Council of the City of Carlsbad, on the 3rd 2olo OCTOBER 7 1995, held a duly advertised public hearing to consider said N 21 endment, Conditional Use Permit Amendment, Tentative Tract Map, Non-resid' 22 Plan Amendment, Local Coastal Program Amendment, Site Development 23 Planned Unit Development Permit Amendment and exclusion from the Hi 24 Development Ordinance and at that time received the recommendations, objec 25 ll protests, comments of all persons interested in or opposed to MP 177(0)/LCP, 26 27 /03(A)/SDP 86-02(B)/CUP 90-05(A)/CT 95-02/PUD 102(A)/HDP 95-11; and 28 0 0 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Co1 1 2 of the City of Carlsbad as follows: 3 1. That the above recitations are true and correct. 4 2. That the City Council APPROVES City Council Resolution No 5 6 95 - 288 , and that the findings and conditions of the Planning Commission a 7 forth in Planning Commission Resolution Nos. 3802,3803,3804,3805,3806,3807 and 8 on file with the City Clerk and made a part hereof by reference are the findings 9 conditions of the City Council, except as modified by No. 3 below. 10 3. Planning Commission Resolution No. 3806, Condition No. 4 on 11 applications, is subject to the condition that the proposed valet service be operatec l2 4 shall read as follows: Approval of Conditional Use Permit CUP 90-05(A), and re l3 limaintained continuously by the hotel operator, and that the shuttle service be operatec 14 maintained continuously by the hotel operator and timeshare owner’s association bc I.1 perpetuity for the life of the hotel. Said shuttle service shall be free of charge to 1 17 necessitate a formal amendment to Site Development Plan SDP 86-02(B) and Condi 18 sers in perpetuity. Any substantial changes, as determined by the Planning Director, l9 1,Use Permit CUP 90-05(A). 20 4. That the application for Master Plan Amendment (MP 177(( 21 allow revisions to planning area boundaries and uses on property generally located 22 23 of Alga Road, between Black Rail Court and Batiquitos Drive in Aviara Planning 24 1, 2, 9, 10 and 11, in LFMP Zone 19 is approved as shown in Planning Comm 25 Resolution No. 3802 on file with the City Clerk and incorporated herein by refere 26 5. That the Major Local Coastal Program Amendment (LCPA 904 27 to the implementing ordinance of the Mello I, Mello I1 and East Batiquitos L 28 -2- . a 0 segments (Aviara Master Plan) to allow revisions to planning area boundaries and 1 2 on property generally located south of Alga Road, between Black Rail Court 3 Batiquitos Drive in Aviara Planning Areas 1, 2, 9, 10 and 11, in LFMP Zone 3 4 approved as shown in Planning Commission Resolution No. 3803 on file with the 5 Clerk and incorporated herein by reference. 6 7 8 9 6. That the Tentative Subdivision Map (CT 95-02) to allow a 240 timeshare development on property generally located north and south on Finch L between Alga Road and Kingfisher Drive in Aviara Planning Areas 2 and 9, in L! 1o Zone 19 is approved as shown in Planning Commission Resolution No. 3804 on file 11 the City Clerk and incorporated herein by reference. 12 7. That the Major Non-residential Planned Unit Development PC l3 lbendment to incorporate Planning Area 9 into the resort development area on pro] 14 11 l5 I. generally located south of Alga Road, between Black Rail Court and Batiquitos Dri viara Planning Areas 1, 2, 9, 10 and 11, in LFMP Zone 19 is approved as shol 16 17 herein by reference. 18 Planning Commission Resolution No. 3805 on file with the City Clerk and incorpo 19 8. That the Conditional Use Permit Amendment (CUP 90-05(P 20 amend the shared parking program within the Aviara Resort on property generally lo 21 south of Alga Road, between Black Rail Court and Batiquitos Drive in Aviara Pla 22 23 Areas 1, 2 and 10, in LFMP Zone 19 is approved as shown in Planning Comm 24 Resolution No. 3806 on file with the City Clerk and incorporated herein by refere 25 9. That the Site Development Plan Amendment (SDP 86-02(B)) tc 26 revisions to the hotel and sports center development sites on property generally I( 27 south of Alga Road, between Black Rail Court and Batiquitos Drive in Aviara P1; 28 rn II -3- 0 9 Areas 2 and 10, in LFMP Zone 19 is approved as shown in Planning Comm 1 2 Resolution No. 3807 on file with the City Clerk and incorporated herein by refere- 3 10. That the exclusion from the requirements of the Hillside Develol 4 Ordinance (HDP 95-11) to allow grading on hillside lands on property generally 1( 5 south of Alga Road, between Black Rail Court and Batiquitos Drive in Aviara Pk 6 Areas 2, 9, 10 and 11, in LFMP Zone 19 is approved as shown in Planning Comn: 7 Resolution No. 3809 on file with the City Clerk and incorporated herein by refere 8 PASSED, APPROVED AND ADOPTED at a regular meeting of thl 9 10 COUNCIL of the City of Carlsbad, California, on the 3rd day of OCTOBER , 19! 11 the following vote, to wit: I/ 12 13 14 15 16 17 18 19 AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, NOES: None ABSENT: None 20 I~TTEST: 21 22 23 24 25 26 27 28 -4-