HomeMy WebLinkAbout1995-09-20; Planning Commission; Resolution 38051
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PLANNING COMMISSION RESOLUTION NO. 3805
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA,
RECOMMENDING APPROVAL OF A MAJOR
PLANNED UNIT DEVELOPMENT PERMIT TO
INCORPORATE PLANNINGAREA 9 INTO THE RESORT
DEVELOPMENT AREA ON PROPERTY GENERALLY
LOCATED SOUTH OF ALGA ROAD, BETWEEN BLACK
RAIL COURT AND BATIQUITOS DRIVE, IN AVIARA
PLANNING AREAS 1, 2, 9, 10 AND 11 IN LOCAL
FACILITIES MANAGEMENT ZONE 19.
CASE NAME FOUR SEASONS AVIARA RESORT
CASE NO: PUD 102(A)
AMENDMENT TO AN EXISTING NON-RESIDENTIAL
lo II WHEREAS, Aviara Resort Associates has filed a verified application P
l1 (1 City of Carlsbad and referred to the Planning Commission; and
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Commission did, on the 20th day of September, 1995, hold a duly noticed public he2 17
WHEREAS, pursuant to the provisions of the Municipal Code, the PI
l8 consider said application on property described as:
WHEREAS, said verified application constitutes a request for ,
residential planned unit development permit as provided by Chapter 21.47 of the C
Municipal Code; and
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Portions of lots 87, 88, 89 of Carlsbad Tract No, 85-35,
according to Map No. 12410, filed June 29, 1989; lots 2, 4,5,6,
7, 8, and 9 of Carlsbad Tract 85-35, Phase I Unit A, according
to Map No. 12409, filed June 29, 1989; portion of parcel 2 of
Parcel Map 16451, filed April 15, 1991, all in the City of
Carlsbad, County of San Diego, State of California; and
WHEREAS, at said public hearing, upon hearing and considering all tes
25 I! and arguments, if any, of all persons desiring to be heard, said Planning Coml
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the P: 27
considered all factors relating to PUD 102(A).
28 Commission as follows:
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A) That the above recitations are true and correct.
18) That based on the evidence presented at the public hearing, the Coml
recommends APPROVAL of Non-residential Planned Unit Development :
PUD 102(A), based on the following findings and subject to the following con1
Findings:
1. The Planning Commission finds that:
a) the project is a subsequent development as identified in Section 21083.
California Environmental Quality Act;
b) the project is consistent with the Aviara Master Plan (MP 177);
c) there was an EIR certified (EIR 83-02(A)) in connection with the
Master Plan (MP 177);
d) the project has no new significant environmental effect not anal!
significant in the prior EIR (EIR 83-02(A));
e) none of the circumstances requiring Subsequent or Supplemental E11
CEQA Guidelines Sections 15162 or 15163 exist;
2. The Planning Commission finds that all feasible mitigation measures or
alternatives identified in the EIR (EIR 83-02(A)) which are appropriate
Subsequent Project have been incorporated into this Subsequent Project.
3. The City’s MEIR found that air quality and circulation impacts are signific
adverse; therefore, the City Council adopted a statement of ovd
considerations. The project is consistent with the General Plan and as I
effects, no additional environmental document is required.
4. The project is consistent with the City-Wide Facilities and Improvements P
applicable local facilities management plan, and all City public facility polic
ordinances since:
a) The project has been conditioned to ensure that building permits wil
issued for the project unless the District Engineer determines thz
service is available, and building cannot occur within the project unle
service remains available, and the District Engineer is satisfied 1
requirements of the Public Facilities Element of the General Plan ha
met insofar as they apply to sewer service for this project.
b) All necessary public improvements have been provided or are req
conditions of approval.
j PC RES0 NO. 3805 -2-
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c) The developer has agreed and is required by the inclusion of an app~
condition to pay a public facilities fee. Performance of that contr
payment of the fee will enable this body to find that public facilities
available concurrent with need as required by the General Plan.
5. The project has been conditioned to pay any increase in public facility fee,
construction tax, or development fees, and has agreed to abide by any ad
requirements established by a Local Facilities Management Plan prepared F
to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure co.
availability of public facilities and will mitigate any cumulative impacts createc
project.
6. This project has been conditioned to comply with any requirement approved
of the Local Facilities Management Plan for Zone 19.
7. That the granting of this permit will not adversely affect and will be consist€
the City code, the General Plan, applicable specific plans, master plans,
adopted plans of the City and other governmental agencies, in that all PI
development meets all applicable development standards and design guide
the Zoning Ordinance and Aviara Master Plan (MP 177), the areas of the
are designated for tourist-related recreational commercial uses, all parkin
have proper circulation and landscaping, and the existing native habitat i
maintained.
15 8. That the proposed use at the particular location is necessary and desirable to 1
16 a service or facility which will contribute to the general well-being
neighborhood and community, in that the hotel and sports center are a foci 17 of the resort community of Aviara, will promote visitors to the area, and :
18 continuing revenue for the City.
1 g 9. That such project will not be detrimental to the health, safety or general we
persons residing or working in the vicinity, or injurious to property or improk
buffering and all necessary public improvements exist or will be in place 1
occupancy of the project.
20 in the vicinity, in that all the use is compatible given the open space anc
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22 10. That the proposed nonresidential planned development meets all of the rn~
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development standards of the underlying zone, except for lot area, in tl
proposed building height of 35 feet meets the 35 foot maximum and the PI
parking supply of 1.6 spaces per unit meets the minimum 1.2 spaces per un
25 )I Planning Conditions:
26 1. The Planning Commission does hereby recommend approval of the Non-resi 27
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Planned Unit Development for the Destination Resort Project entitled "Four !
Aviara Resort" (Exhibits "A" - "SSS" on file in the Planning Departme
incorporated by this reference, dated September 20, 1995), subject to the COI
PC RES0 NO. 3805 -3-
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herein set forth. Staff is authorized and directed to make or require the De
to make all corrections and modifications to the Non-residential Plannf
Development Documents, as necessary to make them internally consiste
conform to City Council’s final action on the project. Development shal
substantially as shown on the approved exhibits. Any proposed devell
substantially different from this approval, shall require an amendment
approval.
2. Approval of PUD 102(A) is granted subject to the approval of MP 177(0), LC
03(A), SDP 86-02(B), CUP 90-05(A), CT 95-02, and HDP 95-11. PUD 10
subject to all conditions contained in Planning Commission Resolution No!
3803,3807, 3806, 3804, and 3809, for MP 177(0), LCPA 90-03(A), SDP 86
CUP 90-05(A), CT 95-02, and HDP 95-11, respectively.
General Conditions:
3. If any of the foregoing conditions fail to occur; or if they are, by their term5
implemented and maintained over time; if any of such conditions fail to
implemented and maintained according to their terms, the City shall have tb
to revoke or modify all approvals herein granted; deny or further condition is
of all future building permits; deny, revoke or further condition all certific
occupancy issued under the authority of approvals herein granted; institu
prosecute litigation to compel their compliance with said conditions or seek di
for their violation. No vested rights are gained by Developer or a succe:
interest by the City’s approval of this Resolution.
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PC RES0 NO. 3805 -4-
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PASSED, APPROVED, AND ADOPTED at a regular meeting
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September, 1995, by the following vote, to wit: 3
Planning Commission of the City of Carlsbad, California, held on the 20th
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AYES: Chairperson Welshons, Commissioners Savary, Noble, P
Erwin, Monroy and Compas.
6 NOES: None
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ABSENT: None
ABSTAIN: None
KIM WELSHONS, Chairperson
CARLSBAD PLANNING COMMISSIOl
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PC RES0 NO. 3805 -5-