HomeMy WebLinkAbout1998-09-02; Planning Commission; Resolution 4376c \ 0 0
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PLANNING COMMISSION RESOLUTION NO. 4376
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAIUSBAD, CALIFORNIA, APPROVING A
HILLSIDE DEVELOPMENT PERMIT ON PROPERTY
GENERALLY LOCATED ALONG THE SOUTH SIDE OF
OWENS AVENUE TO THE NORTH OF PALOMAR AIRPORT
AND EAST OF CAMINO VIDA ROBLE IN LOCAL
FACILITIES MANAGEMENT ZONE 5.
CASE NAME: COURTYARD BY MARRIOTT
CASE NO: HDP 97-20
WHEREAS, Carlsbad HHG/APM Hotel Venture, Limited Part
“Developer”, has filed a verified application with the City of Carlsbad regarding properl
by y E. Stanley Rodier and Carlsbad Airport Center Owners Association, “
described as
A portion of Lots 26 and 28 of Carlsbad Tract 81-46, Unit No.
2, in the City of Carlsbad, County of San Diego, State of
California, according to Map thereof No. 11288, filed in the
Office of the County Recorder of San Diego County, July 16,
1985.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a
Development Permit as shown on Exhibit(s) “A“ - “L” dated, September 2, 1998, on fi
Carlsbad Planning Department, COURTYARD BY MARRIOTT, HDP 97-20, as pro-c
Chapter 21.95 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 2nd day of Septembe
consider said request; and
WHEREAS, at said hearing, Epon hearing and considering all testimc
arguments, if any, of all persons desiring to be heard, said Commission considered a1
relating to the Hillside Development Permit; and
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Cor,
APPROVES COURTYARD BY MARRIOTT, HDP 97-20, based
following findings and subject to the following conditions:
Findings:
1. There are no undevelopable areas on the project site;
2. That the development proposal is consistent with the Purpose and Intent prov
Section 21.95.010 of the Hillside Ordinance, Chapter 21.95, as follows:
A. Project hillside conditions have been properly identified on the constrai
Exhibit “H“, dated September 2, 1998, which shows existing and 1
conditions and slope percentages;
B. The project has been designed to relate to the slope of the land, to mini
amount of grading, and to incorporate contour grading into manufacture
which are located in highly visible public locations in that the project
been previously mass graded and the minimal grading that is propc
include permitted retaining wall encroachment into existing manu;
slopes, project grading volumes of 3,208 cu yds/acre are in the ac
range, and due to the fact that the existing manufactured slopes
greater than 20 feet in height and 200 feet in length, they do not
contour grading;
C. The project has been designed in an environmentally sensitive manner
lagoons and riparian ecosystems are protected from increased erosion
substantial impacts to natural resource areas, wildlife habitats or native vc
will occur in that there are no natural resource areas, wildlife haE
native vegetation in proximity to the project and the project h
conditioned to comply with City grading and erosion control stanc
reduce erosion.
3. The project complies with the Hillside Development and Design Standards inc.
Section 21.95.120 of the Hillside Ordinance in that the project will encro
maximum permitted 6 vertical feet into existing 50% gradient downhill anr
manufactured slopes, the project grading volume (3,208 cu yds/acre) is acc
the maximum ‘manufactured slope height is 20 feet, no manufactured SI
greater than 20’ in height and 200’ in length are proposed, the proposr
PC RES0 NO. 4376 -2-
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building is setback from the southern manufactured slope edge a minimu
feet, and the south facing manufactured slopes will be landscaped consist
the City’s Landscape Manual.
4. That the project design substantially conforms to the Hillside Development G
Manual, in that the proposed grading design will modify the existing
manufactured slopes, yet preserve their general character.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all co
and modifications to the Hillside Development Permit document(s) necessary
them internally consistent and in conformity with final action on the
Development shall occur substantially as shown in the approved Exhibits. Any 1
development different from this approval, shall require an amendment to this app
2. Approval of HDP 97-20 is granted subject to the approval of GPA 98-021SP 18:
SDP 97-23. HDP 97-20 is subject to all conditions contained in Planning Corn
Resolution No. 4375 for the Conditional Use Permit (CUP 98-14).
3. If any of the foregoing conditions fail to occur; or if they are, by their tern
implemented and maintained over time, if any of such conditions fail tc
implemented and maintained according to their terms, the City shall have the
revoke or modify all approvals herein granted; deny or further condition issuan
future building permits; deny, revoke or further condition all certificates of oc
issued under the authority of approvals herein granted; institute and prosecute liti;
compel their compliance with said conditions or seek damages for their viola
vested rights are gained by Developer or a successor in interest by the City’s apl
this Hillside Development Permit.
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for conven
“fees/exactions.”
You have 90 days from September 2,1998, to protest imposition of these fees/exactions
protest them, you must follow the protest procedure set forth in Government Code
66020(a), and file the protest and any other required information with the City Man
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure tc
follow that procedure will bar any subsequent legal action to attack, review, set aside,
annul their imposition.
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~ PC RES0 NO. 4376 -3 -
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You are hereby FURTHER NOTIFIED that your right to protest the specified fees/e
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor 1
zoning, grading or other similar application processing or service fees in connection 1
project; NOR DOES IT APPLY to any feedexactions of which you have previously be
a NOTICE similar to this, or as to which the statute of limitations has previously o
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the I
Commission of the City of Carlsbad, California, held on the 2nd day of September 199
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman, a~
Monroy
NOES:
ABSENT: Commissioners Nielsen, Savary, and Welshons
ABSTAIN:
BAILEY NO airperson CARLSBAD ING COMMISSION
ATTEST:
1
MICHAEL J. HOBMILYER
Planning Director
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