HomeMy WebLinkAbout1995-09-20; Planning Commission; Resolution 3809i
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PLANNING COMMISSION RESOLUTION NO. 3809
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA,
RECOMMENDING APPROVAL OF AN EXCLUSION TO
THE REQUIREMENTS OF THE HILLSIDE
DEVELOPMENT ORDINANCE TO ALLOW GRADING
ON HILLSIDE LANDS ON PROPERTY GENERALLY
LOCATED SOUTH OF ALGA ROAD BETWEEN BLACK
RAIL COURT AND BATIQUITOS DRIVE, IN AVIARA
PLANNING AREAS 2, 9, 10, AND 11, IN LOCAL
FACILITIES MANAGEMENT ZONE 19.
CASE NAME: FOUR SEASONS AVIARA RESORT
CASE NO: HDP 95-11
WHEREAS, Aviara Resort Associates has filed a verified application v
City of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request for an exclu
the requirements of the Hillside Development Ordinance as provided by Chapter 2
the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the PI
Commission did, on the 20th day of September, 1995, hold a duly noticed public hea
consider said application on property described as:
Lots 4,5,6,7,8,9 and a portion of lot 10 of Carlsbad Tract 85-
35, Phase I Unit A, according to Map No. 12409, filed June 29,
1989; lots 87, 88, 89 and portions of lot 232 of Carlsbad Tract
85-35, Phase I Unit B, according to Map No. 12410, 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;
WHEREAS, at said public hearing, upon hearing and considering all tes
and arguments, if any, of all persons desiring to. be heard, said Planning Corn]
considered all factors relating to HDP 95-11; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the P.
Commission as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Com~
recommends APPROVAL of the exclusions to the Hillside Development Ord
HDP 95-11, based on the following findings:
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 EIE;
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 ovt
considerations. The project is consistent with the General Plan and as t
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 tha
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 reql
conditions of approval.
PC RES0 NO. 3809 -2-
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c) The developer has agreed and is required by the inclusion of an apprl
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 pi
to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure COI
availability of public facilities and will mitigate any cumulative impacts createt
project.
6. This project has been conditioned to comply with any requirement approved
of the Local Facilities Management Plan for Zone 19.
7. That areas which were previously disturbed by authorized grading associatc
the previous hotel, sports center, and multifamily residential development ha1
identified on the constraints map in accordance with Section 21.95.090
Carlsbad Municipal Code. These slope areas are therefore excluded frc
requirements of the Hillside Development Ordinance.
8. That areas with topographic change less than fifteen feet in height and less th;
thousand square feet in area, which are not a part of the surrounding gene
slope and involving small isolated ravines have been identified on the cons
map in accordance with Section 21.95.090 of the Carlsbad Municipal Cod1
surrounding slope areas have been altered through authorized grading a
alteration of the subject slope areas will produce no significant effects
environment. These slope areas are therefore excluded from the requirement
Hillside Development Ordinance.
9. That hillside conditions have been properly identified on the constraints ma]
show existing and proposed conditions and slope percentages.
10. That undevelopable areas of the project, i.e. slopes over 40%, have been p:
identified on the constraints map.
11. That the development proposal is consistent with the intent, purpos
requirements of the Hillside Development Ordinance, Chapter 21.95, in that t
steep slope areas being graded are those steep slope areas excluded in accc
with Section 21.95.090 of the Carlsbad Municipal Code.
12. That the proposed development or grading will not occur in the undevel
portions of the site pursuant to provisions of Section 21.53.230 of the C
Municipal Code, in that the manufactured and isolated slopes to be grac
excluded from the requirements of the Hillside Development Ordinance, (
21.95, and all other steep slope areas are remaining preserved.
13. That the project design substantially conforms to the intent of the concepts ill1
PC RES0 NO. 3809 -3-
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in the Hillside Development Guidelines Manual, in that all native, non-eB
slope areas are remaining preserved.
14. That the project design and lot configuration minimizes disturbance of hillsidc
in that the proposal can be accommodated without expanding the total grade
Planning Conditions:
1. The Planning Commission does hereby recommend approval of the exclusion
requirements of the Hillside Development Ordinance for the Destination
Project entitled “Four Seasons Aviara Resort” (Exhibits “A - “SSS”, dated Sep
20, 1995, on file in the Planning Department and incorporated by this refe
subject to the conditions herein set forth. Staff is authorized and directed tc
or require the Developer to make all corrections and modifications to the apl
documents, as necessary to make them internally consistent and conform
Council’s final action on the Project. Development shall occur substantially a:
on the approved exhibits. Any proposed development substantially differel
this approval, shall require an amendment to this approval.
2. Approval of HDP 95-11 is granted subject to the approval of MP 177(0), L(
03(A), SDP 86-02(B), CUP 90-05(A), CT 95-02, and PUD 102(A). HDP 5
subject to all conditions contained in Planning Commission Resolution Nor
3803, 3807, 3806, 3804, and 3805 for MP 177(0), LCPA 90-03(A), SDP 8C
CUP 90-05(A), CT 95-02, and PUD 102(A), respectively.
3. Prior to approval of the grading permit or building permit, whichever occu
the Developer shall receive approval of a Coastal Development Permit issue(
California Coastal Commission that substantially conforms to this approval. P
copy of the Coastal Development Permit must be submitted to the Planning D
If the approval is substantially different, an amendment to the Hillside Devel
Ordinance exclusions shall be required.
General Conditions:
4. If any of the foregoing conditions fail to occur; or if they are, by their term
implemented and maintained over time; if any of such conditions fail tc
implemented and maintained according to their terms, the City shall have t:
to revoke or modify all approvals herein granted; deny or further condition i
of all future building permits; deny, revoke or further condition all certific
occupancy issued under the authority of approvals herein granted; institl
prosecute litigation to compel their compliance with said conditions or seek d
for their violation. No vested rights are gained by Developer or a suw
interest by the City’s approval of this Resolution.
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PC RES0 NO. 3809 -4- i
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1 PASSED, APPROVED, AND ADOPTED at a regular meeting
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September, 1995, by the following vote, to wit: 2l
Planning Commission of the City of Carlsbad, California, held on the 20th
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AYES: Chairperson Welshons, Commissioners Savary, Noble, I Erwin, Monroy and Compas.
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NOES: None
ABSENT: None
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ABSTAIN: None
KIM WELSHONS, Chairperson
CARLSBAD PLANNING COMM.
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ATEST: 6 M1-v &$d HOLZMIj??
' Planning lrector
PC RES0 NO. 3809 -5-