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HomeMy WebLinkAbout1998-09-02; Planning Commission; Resolution 4376c \ 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 I I i 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I 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- z ll 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. ~ ~ PC RES0 NO. 4376 -3 - I , A> 8 e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 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 24 25 26 27 28 I/ PC RES0 NO. 4376 -4-