HomeMy WebLinkAbout2005-11-02; Planning Commission; ; CUP 90-05AX2 - FOUR SEASONS RESORT SHARED PARKING,. City of Carlsbad Planning Department.
A REPORT TO THE PLANNING COMMISSION
P.C. AGENDA OF: November 2, 2005
ItemNo. 0
Application complete date: July 7, 2005
Project Planner: Greg Fisher
Project Engineer: Frank Jimeno
SUBJECT: CUP 90-05(A)x2 -FOUR SEASONS RESORT SHARED PARKING -
Request for a retroactive five-year extension of CUP 90-05(A)xl to continue to
allow the shared parking arrangement between the Four Seasons Resort Hotel,
Sports Center, and Golf Clubhouse uses of the Aviara Master Plan, located south
of Aviara Parkway between Blue Heron Place and Aviara Drive in Local
Facilities Management Zone 19.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 5962
APPROVING a retroactive five-year extension of CUP 90-05(A)x 1 based upon the findings and
subject to the conditions contained therein.
II. INTRODUCTION
This proposed retroactive five-year extension of CUP 90-05(A)xl will allow the continuation of
a shared parking arrangement between the Four Seasons Resort Hotel, Sports Center, and Golf
Clubhouse uses of the A viara Master Plan, located south of A viara Parkway between Blue Heron
Place and Aviara Drive from September 18, 2005 through September 17, 2010.
III. PROJECT DESCRIPTION AND BACKGROUND
On April 4, 1990, the Planning Commission approved CUP 90-05 to allow the shared parking
arrangement between the Four Seasons Resort Hotel, Sports Center, and Golf Clubhouse uses of
the A viara Master Plan, located south of A viara Parkway between Blue Heron Place and A viara
Drive. On September 20, 1995, the Planning Commission approved CUP 90-::0S(A), amending
the shared parking program to incorporate the revisions to the hotel plan resulting from the
inclusion of timeshare units into the resort. On October 2, 2002, CUP 90-0S(A)xl retroactively
extended the conditional use permit for an additional five years from September 18, 2000
through September 17, 2005. Condition No. 2 of the approving CUP Resolution No. 5280
specifies that CUP 90-05(A)xl is granted for a period of five years but may be extended upon
written application of the permittee (Aviara Resort Associates Limited). The applicant, Aviara
Resort Associates Limited, is requesting a five-year extension of CUP 90-05(A)xl to continue to
allow the shared parking arrangement between the Four Seasons Resort Hotel, Sports Center,
and Golf Clubhouse uses at this site from September 18, 2005 through September 17, 2010. The
applicant applied for the CUP on June 2, 2005 prior to its expiration date and within the required
time frame.
CUP 90-05(A)x2 -FOUR AsoNS RESORT SHARED PARKIN,
November 2, 2005
Pa e2
IV. ANALYSIS
A. The shared parking arrangement between the Four Seasons Resort Hotel, Sports Center,
and Golf Clubhouse of the A viara Master Plan continues to be consistent with all
applicable plans, policies and regulations described below:
I. Carlsbad General Plan;
2. Local Facilities Management Plan 19;
3. Local Coastal Plan (Mello II Segment);
4. Aviara Master Plan; and
5. Title 21 of the Carlsbad Municipal Code.
B. The adopted project findings for CUP 90-05(A)xl, which are contained in Planning
Commission Resolution No. 5280 still apply to this project (CUP 90-05(A)x2).
C. The adopted project conditions for CUP 90-05(A)xl, which are contained in Planning
Commission Resolution No. 5280 still apply to this project (CUP 90-05(A)x2), with the
exception of Condition No. 4 which is replaced by Condition No. 7 in Planning
Commission Resolution No. 5962 to retroactively extend CUP 90-05(A)xl for an
additional five years from September 18, 2005 through September 17, 2010.
D. Three new conditions of approval (Nos. 4, 5, and 6) have been added to Planning
Commission Resolution No. 5962 requiring the project to ensure compliance with the
latest regulations issued by the California Regional Water Quality Control Board.
E. No formal written complaints regarding CUP 90-05(A)xl have been submitted to the
City.
F. Annual reviews have been conducted for CUP 90-05(A)xl and the project 1s m
compliance with all conditions of approval.
V. ENVIRONMENTAL REVIEW
The Planning Director has determined that this project is exempt :from the requirements of the
California Environmental Quality Act (CEQA) per Section 15301, Existing Facilities, of the
State CEQA Guidelines and will not have any adverse significant impact on the environment.
ATTACHMENTS:
1. Planning Commission Resolution No. 5962
2. Location Map
3. Disclosure Statement
4. Background Data Sheet
5. Planning Commission Resolution No. 5280, dated October 2, 2002
5. Planning Commission Resolution No. 3806, dated September 19, 1995
6. Planning Commission Resolution No. 3003, dated April 4, 1990
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SITE MAP
FOUR SEASONS RESORT SHARED PARKING
CUP 90-05(A)x2
Jun-OZ-05 03:44pm Frcm-WOLFF URB~N DEVELOPMENT 06/U~/~UUb J,~;.,~ l'AA. I\JU """ ... , -T-513 P.OOZ/004 F-467
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Cit}' o1f Carlsbad
IPibiii•eibl•ZYri\iihl§sil
DISCLOSURE STJ,TEMENT
Applioa1nt's statement or disclosure gf certain ownership interests an all applications which will require
discretiona1-y action an the part of the City Coum:il or any appointed Board. Commission or
Committee.
The following inf6rmation MUST be disclosed at the time of application submittal. Your project
cannot be 1·eviewed until this information is completed, Please print.
Note:
Person is cefined a~:' ~Ai,j. lintii'iikii.tal, ~. c0-pa~rs,1:tip!-1 joint "e1'1turiet=;1~dciatf9n. social -~~b;'°f!flte'rns"
.organi~tlon·, carpcnit1dn;• estate. tr'JS.:, rac:aiver, syndicatl1, ir. this and_ ariy. o.ther counry; c!tY and r:oumy, olty
m~m~o,ipfiltt,'. district or other pal~A~,I -~1,-lbdi~isicn or eny ot,h~r,J~~HP. ,or, combinatio~ ~J?i?f:l 1as, a, uolt." 1 : , .'
' I • I J I I ,. I I I -I I I ',,., I I
•• t 1 1 f I
Agents .ma)' ~lgr,i, ~hi~ ,~ocument; however, ~~ ,lm:}al, ,neme-and enth:v ,a!~• rapplii;ant ,and pr~~r.:Wo swner m~~
be provided belo,w. , , ,-•, ••. '' . · .... ;~• ... •1, ,,
1, APl'UCANT (Not the appliaant' s agent}
Pro11ide the COMPLETE, LEGAL names and addresses of & persons having a financial interest
in 1:he application. If ttre applicant includes a .~oreoration or eartnershiQ, include the names,
titlti, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS
OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE
SPACE BE~OW If a li!.,Ublicly-owned corporation. include the names, titles, and addresses of the
corporate ~fficers. (A separate page may be a't1:ached if necessary.)
Person ~~;:i=-"'~'1. Corp1Part Avrfl«A: ~Rf &W)e1Ams J...{M(l'E;!J
TitreA:M, ~.•ru.-:b:f:~f h-tet'-".~ Title ____________ _
Address ry~ Addr,~s '?{Pa 6'l/lR ~µ! P( ..
__ 04W@'fi). t4 'i@of _
OWNER (Not the owner's agent)
Provide tfie COMPLETE, LEGAL names and aclciresses of ALL pet$ons having any ownership
interest ii) the prapan.y involved, Alsot provide the nature of the legal ownership (i.e,
partnership, t~nants in common. non~profit, corponatlon, eta.). If the ownership includes a
,E!)fPOration or partnershi9, include 1he names, title, addresses of all individuals owning more
. ttii:m 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES.
Pl.EASE INDICATE NONwAPPLICABLE {NIA} IN THE SPACE BELOW. If a publicly■-owned
corporation, include the J1ames, titles, and addresses of the corporate officers. (A separate
page may be attached if necessary.)
Corp/Part frvMBII K6SOR1 AMP~Jf/1~ L(r1Jrl;y
Trtle ______________ _
Jun-02-05 03:44pm Uij/U~/~UU~ ~o;,1 From-WOLFF URBJM DEVELOPIIENT
~.iu.-,uu uuu ~ -T-513 P.003/004 F-467
3. NON •PROFJ1 ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust,
11st the na~es and addresses of 8r!Y person serving as an officer or director of the non•
profit organ~ation or as trustee ar beneficiary of the.
Non Profit/Trust~--------Nein Profit/Trust:...... ________ _
Title _____________ _ TMe --------------Address ___________ _ Address. ___________ _
---------------
4-Have you nad more than $260 worth of business transacted with any member of CltY
staff, Boards, Commissions. Committees and/or Council within the past twelve (12}
months?
0 Yes Li. No If yesr please indicate persc,n(s):. ___________ _
NOTE: Atl:ach additional sheets i1 necessary.
I certify th.at all th.a above Information is true and corre1::t to the best of my knowledge •
. · . ~ 06/e>tlos: Signatureoiai>PI ant/date
v-::..Le.t-U ,'~l }\\. L0o lf-F
PriDt or type name of owner
_ 6-wr~ I ~'-"::Z..~iA
Print or type e of applicant
Signel'cure of ~wner/applicant's agent if applicablel::iate
Print 1:>r type :name of owner/applica'nt's agent
CASE NO:
~ACKGROUND DATA SHEET -
CUP 90-05(A)x2
CASE NAME: Aviara Seasons Resort Shared Parking
APPLICANT: Aviara Resort Associates Limited
REQUEST AND LOCATION: Request for a retroactive five-year extension of CUP 90-
05(A)xl to continue to allow the shared parking arrangement between the Four Seasons Resort
Hotel, Sports Center, and Golf Clubhouse uses of the A viara Master Plan, located south of
Aviara Parkway between Blue Heron Place and Aviara Drive.
LEGAL DESCRIPTION: Lot 1 of Carlsbad Tract 95-02, Unit 1, according to Map No. 13335
filed in the Office of the County Recorder; and Lot 2 of Carlsbad Tract 85-35, Phase 1, Unit A,
according to Map No. 12409, filed in the Office of the County Recorder on June 29, 1989; and
Lot 4 and the Remainder Parcel of Carlsbad Tract 95-02, Unit 3, according to Map No. 13979,
filed in the Office of the County Recorder on June 9, 2000; all in the City of Carlsbad, County of
San Diego, State of California.
APN: 215-750-01, 215-592-28, 215-592-04, 215-592-22, 215-592-02 Acres: ~78~·~5 ___ _
Proposed No. of Lots/Units:N =--=/A=-----------------------
GENERAL PLAN AND ZONING
Land Use Designation: ..:::.T-=-Ra.::,..:Rc.::..-..:..:Mc=_;O::;._;S:,:__ __________________ _
Density Allowed: _4-_8_d_u/_a_c ___ _
Existing Zone: =--P----'-C"---------
Density Proposed: =--N=/A'-=------------
Proposed Zone:N """~/ A=------------
Surrounding Zoning, General Plan and Land Use:
Zoning General Plan Current Land Use
Site P-C T-R Resort Hotel
North P-C R-M Multi-Family Residential
South P-C OS Golf Course
East P-C OS Golf Course/Open space
West P-C OS Open space
PUBLIC FACILITIES
School District: Carlsbad Unified Water District: Carlsbad Sewer District: -=C-=ar=l=sb=a=d ____ _
Equivalent Dwelling Units (Sewer Capacity): N!:...!!..:/A'-=-----------------
ENVIRONMENTAL IMPACT ASSESSMENT
D Negative Declaration, issued. ____________________ _
D Certified Environmental Impact Report, dated ______________ _
~ Other, 15301, Existing Facilities
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PLANNING COMMISSION RESOLUTION NO. 5280
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
RETROACTIVE FIVE-YEAR EXTENSION OF A
CONDITIONAL USE PERMIT TO CONTINUE TO ALLOW A
SHARED PARKING ARRANGEMENT BETWEEN FOUR
SEASONS HOTEL, SPORTS CENTER AND GOLF
CLUBHOUSE, ON PROPERTY GENERALLY LOCATED
SOUTH OF A VIARA PARK.WAY, BETWEEN A VIARA DRIVE
AND BLUE HERON DRIVE IN LOCAL FACILITIES
MANAGEMENT ZONE 19.
CASE NAME: FOUR SEASONS SHARED PARKING
CASE NO.: CUP 90-05(A)xl
WHEREAS, Four Seasons Aviara, "Developer/Owner," has filed a verified
application with the City of Carlsbad regarding property described as
Lot 1 of Carlsbad Tract 95-02, Unit 1, according to Map No.
13335 filed in the Office of the County Recorder; and Lot 2 of
Carlsbad Tract 85-35, Phase I, Unit A, according to Map No.
12409, filed in the Office of the County Recorder on June 29,
1989; and Lot 4 and the Remainder Parcel of Carlsbad Tract
95-02, Unit 3, according to Map No. 13979, filed in the Office of
the County Recorder on June 9, 2000; all in the City of
Carlsbad, County of San Diego, State of California
("the Property"); and
WHEREAS, said verified application constitutes a request for a ·Conditional Use
Permit Extension as shown on Exhibits "A" -"SSS" and "ZZZ" dated September 19, 1995,
on file in the Carlsbad Planning Department FOUR SEASONS SHARED PARKING -CUP
90-05(A)xl, as provided by the conditions of approval of CUP 90-05(A) and Chapter 21.42 of
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 2nd day of October 2002,
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the CUP Extension.
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WHEREAS, on April 4, 1990, the Planning Commission approved CUP 90-05 as
described and conditioned in Planning Commission Resolution No. 3003.
WHEREAS, on September 19, 1995, the Planning Commission approved CUP
90-05(A) as described and conditioned in Planning Commission Resolution No. 3806.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Planning
Commission APPROVES FOUR SEASONS SHARED PARKING -CUP 90-
05{A)xl on the following findings and subject to the following conditions:
Findin~s:
1.
2.
The adopted findings for CUP 90-0S(A) which are contained in Planning Commission
Resolution No. 3806 apply to this extension and are incorporated by this reference.
That the Planning Director has determined that the project belongs to a class of projects
that the State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15301 -Existing Facilities
of the State CEQA Guidelines. In making this determination, the Planning Director has
found that the exceptions listed in Section 15300.2 of the State CEQA Guidelines do not
apply to this project.
Conditions:
1.
2.
If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City's approval of
this Conditional Use Permit.
All conditions of approval imposed upon Conditional Use Permit CUP 90-0S(A) as stated
in Planning Commission Resolution No. 3806 shall apply as conditions of approval for
CUP 90-0S(A)xl and are incorporated by this reference, except Condition No. 2 which
has been satisfied, and Condition No. 1 is replaced by Condition No. 4 below.
PC RESO NO. 5280 -2-
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3.
4.
This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis
to determine if all conditions of this permit have been met and that the use does not have
a substantial negative effect on surrounding properties or the public health and welfare. If
the Planning Director determines that the use has such substantial negative effects, the
Planning Director shall recommend that the Planning Commission, after providing the
permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
substantial negative effects.
This Conditional Use Permit is retroactively granted for a period of five (5) years from
September 18, 2000 through September 17, 2005. This permit may be revoked at any
time after a public hearing, if it is found that the use has a substantial detrimental effect
on surrounding land uses and the public's health and welfare, or the conditions imposed
herein have not been met. This permit may be extended for a reasonable period of time
not to exceed five (5) years upon written application of the permittee made no less than
90 days prior to the expiration date. The Planning Commission may not grant such
extension, unless it finds that there are no substantial negative effects on surrounding land
uses or the public's health and welfare. If a substantial negative effect on surrounding
land uses or the public's health and welfare is found, the extension shall be denied or
granted with conditions which will eliminate or substantially reduce such effects. There
is no limit to the number of extensions the Planning Commission may grant.
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/~xactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PC RESO NO. 5280 -3-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 2nd day of October 2002 by the
following vote, to wit:
AYES: Commissioners Baker, Heineman, Trigas, White, and
Whitton
NOES: None
ABSENT: Commissioner Dominguez
ABSTAIN: Commissioner Segall
SEENA TRIGAS, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
~~~====+--
Planning Director
PC RESO NO. 5280 -4-
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PLANNING COMMISSION RESOLUTION NO. 3806
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA,
RECOMMENDING APPROVAL OF A CONDffiONAL
USE PERMIT AMENDMENT TO AMEND THE SHARED
PARKING PROGRAM WITHIN THE AVIARA RESORT
DELETING A PORTION OF PLANNING 2 AND ADDING
PLANNING AREA 1 ON PROPERTY GENERALLY
LOCATED SOUTH OF ALGA ROAD BETWEEN BLACK
RAIL COURT AND BATIQUITOS DRIVE, IN AVIARA
PLANNING AREAS 1, 2 AND 10, IN LOCAL FACILITIES
MANAGEMENT ZONE 19.
CASE NAME: FOUR SEASONS A VIARA RESORT
CASE NO: CUP 90-05(A)
WHEREAS, Aviara Resort Associates has filed a verified application with the
City of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request for a conditional
use permit amendment as provided by Chapter 21.42 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on the 20th day of September, 1995, hold a duly noticed public hearing to
consider said application on property described as:
Lot 2, 4 and 5 of Carlsbad Tract 85-35, Phase I Unit A,
according to Map No. 12409, filed June 29, 1989; portions of lot
87 of Carlsbad Tract 85-35, Phase I Unit B, according to Map
No. 12410, filed June 29, 1989, in the City of Carlsbad, County
of San Diego, State of California;
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Planning Commission
considered all factors relating to CUP 90-05(A).
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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B)
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That based on the evidence presented at the public hearing, the Commission
recommends APPROVAL of Conditional Use Permit Amendment, CUP 90-0S(A),
based on _the following findings and subject to the following conditions:
Findings:
1.
2.
3.
4.
The Planning Commission finds that:
a)
b)
c)
d)
e)
the project is a subsequent development as identified in section 21083.3 of the
California Environmental Quality Act;
the project is consistent with the Aviara Master Plan (MP 177);
there was an EIR certified (EIR 83-02(A)) in connection with the Aviara
Master Plan (MP 177);
the project has no new significant environmental effect not analyzed as
significant in the prior EIR (EIR 83-02(A));
none of the circumstances requiring Subsequent or Supplemental EIR under
CEQA Guidelines Sections 15162 or 15163 exist;
The Planning Commission finds that all feasible mitigation measures or project
alternatives identified in the EIR (EIR 83-02(A)) which are appropriate to this
Subsequent Project have been incorporated into this Subsequent Project.
The project is consistent with the City-Wide Facilities and Improvements Plan, the
applicable local facilities management plan, and all City public facility policies and
ordinances since:
a)
b)
c)
The project has been conditioned to ensure that building permits will not be
issued for the project unless the District Engineer determines that sewer
service is available, and building cannot occur within the project unless sewer
service remains available, and the District Engineer is satisfied that the
requirements of the Public Facilities Element of the General Plan have been
met insofar as they apply to sewer service for this project.
All necessa:ry public improvements have been provided or are required as
conditions of approval.
The developer has agreed and is required by the inclusion of an appropriate
condition to pay a public facilities fee. Performance of that contract and
payment of the fee will enable this body to find that public facilities will be
available concurrent with need as required by the General Plan.
The project has been conditioned to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Lo~al Facilities Management Plan prepared pursuant
PC RESO NO. 3806 -2-
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5.
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to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued
availability of public facilities and will mitigate any cumulative impacts created by the
project.
This project has been conditioned to comply with any requirement approved as part
of the Local Facilities Management Plan for Zone 19.
That the requested use is necessary or desirable for the development of the
community; is essentially in harmony with the various elements and objectives of the
General Plan; and is not detrimental to existing uses specifically permitted in the
zone in which the proposed use is located, in that the shared parking program allows
for the staggered parking needs of the various uses; the valet and shuttle program
and trail system facilitates visitor travel within the resort and all parking areas have
proper circulation and landscaping; and the parking program is contained to only
those recreational commercial uses and does not impose on the parking needs of the
timeshare villages or neighboring residential areas.
That the site for the intended use is adequate in size and shape to accommodate the
use, in that the amount of parking provided in the proposed and existing parking
areas can meet the total parking demand and the requirements of the master plan.
That all the yards, setbacks, walls, fences, landscaping, and other features necessary
to adjust the requested use to existing or permitted future uses· in the neighborhood ,
will be provided and maintained, in that the parking areas will meet the
requirements of the Landscape Manual and all parking lot walls will be richly
landscaped.
That the street system serving the proposed use is adequate to properly handle all
traffic generated by the proposed use, in that the entire project will generate an
additional 4,826 trips which can be accommodated on either Alga Road or Batiquitos
Lane, having a maximum capacity of 20,000 ADT and 10,000 ADT, respectively.
Plannin& Conditions:
1. The Planning Commission does hereby recommend approval of the Conditional Use
Permit Amendment for the Destination Resort Project entitled "Four Seasons_Aviara
Resort". (Exhibits "A"· "SSS", dated September 20, 1995 and Exhibit "ZZZ", dated
September 20, 1995, attached hereto) on file in the Planning Department and
incorporated by this reference, subject to the conditions herein set forth. Staff is
authorized and directed to make or require the Developer to make all corrections
and modifications to the Conditional Use Permit Amendment documents, as
necessary to make them internally consistent and conform to City Council's final
action on the Project. Development shall occur substantially as shown on the
approved exhibits. Any proposed development substantially different from this
approval, shall require an amendment to this approval.
PC RESO NO. 3806 -3-
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2.
3.
4.
Approval of CUP 90-05(A) is granted subject to the approval of MP 177(0), LCPA
90-03(A), SDP 86-02(B), CT 95-02, PUD 102(A) and HDP 95-11. CUP 95-0S(A) is
subject to all conditions contained in Planning Commission Resolution Nos. 3802,
3803, 3807, 3804, 3805 and 3809 for MP 177(0), LCPA 90-03(A), SDP 86-02(B), CT
95-02, PUD 102(A) and HDP 95-11, respectively.
This Conditional Use Permit is granted for a period of five years. This Conditional
Use Permit shall be reviewed by the Planning Director on a yearly basis to determine
if all conditions of this permit have been met and that the use does not have a
substantial negative effect on surrounding properties or the public health and welfare.
If the Planning Director determines that the use has such substantial negative effects,
the Planning Director shall recommend that the Planning Commission, after
providing the permittee the opportunity to be heard, add additional conditions to
reduce or eliminate the substantial negative effects. These conditions may include,
but not be limited to:
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4.
The addition of parking at the sports center through the construction
of a parking structure;
The creation of additional parking within the service area of the hotel
shuttle (e.g. Planning Area 23);
Precluding future use of the voided hotel areas;
Restricting the periods of occupancy of various uses within the hotel,
sports center, and golf club.
This permit may be revoked at any time after a public hearing, if it is found that the
use has a substantial detrimental effect on surrounding land uses and the public's
health and welfare, or the conditions imposed herein have not been met. This
permit may be extended for a reasonable period of time not to exceed five years
upon written application of the permittee made no less than 90 days prior to the
expiration date. The Planning Commission may not grant such extension, unless it
finds that there are no substantial negative effects on surrounding land uses or the
public's health and welfare. If a substantial negative effect on surrounding land uses
or the public's health and welfare is found, the extension shall be denied or granted
with conditions which will eliminate or substantially reduce such effects. There is no
limit to the number of extensions the Planning Commission may grant.
Approval of Conditional Use Permit Amendment CUP 90-0S(A), and related
applications, is subject to the condition that the proposed valet and shuttle service
be operated and maintained continuously by the hotel operator in perpetuity for the
life of the hotel. Said shuttle service shall be free of charge to all users in
perpetuity. Any substantial changes, as determined by the Planning Director, shall
necessitate a formal amendment to Site Development Plan Amendment SDP 86-
02(B) and Conditional Use Permit Amendment CUP 90-0S(A).
PC RESO NO. 3806 -4-
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5. Approval of Conditional Use Permit Amendment CUP 90-0S(A) is subject to the
condition that all Special Events, as defined In Section 8.17.010 of the Carlsbad
Municipal Code including, but not limited to, golf tournaments and tennis
tournaments, shall require a Special Events Permit, pursuant to Sections 8.17 .050
and 8.17.060. Included in this permit application shall be a parking and circulation
plan. Facilities not essential to the Special Event may temporarily closed for the
length of the event, as determined to be necessary by the Planning Director.
General Conditions:
6. If any of the foregoing conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time; if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right
to revoke or modify all approvals herein granted; deny or further condition issuance
of all future building permits; deny, revoke or further condition all certificates of
occupancy issued under the authority of approvals herein granted; institute and
prosecute litigation to compel their compliance with said conditions or seek damages
for their violation. No vested rights are gained by Developer or a successor in
interest by the City's approval of this Resolution.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on the 20th day of
September, 1995, by the following vote, to wit:
Planning
A YES: Chairperson Welshans, Commissioners Savary, Noble, Nielsen,
Compas, Erwin and Monroy.
NOES: None
ABSENT: None
ABSTAIN: None
KIM WELSHONS, Chairperson
CARLSBAD PIANNING COMMISSION
PC RESO NO. 3806 -5-
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PLANNING COMMISSION RESOLUTION NO. 3003
A RESOLUTION OF TIIE PLANNING COMMISSION OF TIIE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A CONDIDONAL USE PERMIT TO ALLOW
SHARED PARKING BETWEEN PLANNING AREAS 2 AND 10
OF MASTER PLAN 177 ON PROPERTY GENERALLY
LOCATED TO THE NORTII OF BATIQUITOS DRIVE
BETWEEN I-5 AND EL CAMINO REAL.
CASE NAME: A VIARA
CASE NO: CUP 90-5
WHEREAS, a verified application has been filed with the City of Carlsbad and
referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided by Title 21
of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on the 4th day of April, 1990, hold a duly noticed public hearing to consider said
application on property descn'bed as:
Lots 2,4, and 5 of Map 12409 and Lots 87 and 88 of Map 12410 of
Carlsbad Tract 85-35, City of Carlsbad, County of San Diego, State of
California.
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to CUP 90-5.
NOW, TIIEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public bearing, the Commission recommends
APPROVAL of CUP 90-5, based on the following findings and subject to the following
conditions:
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Findings:
1. That the requested shared parking between the hotel and sports center is necessary and
desirable for the development of the community, is essentially in harmony with the various
elements and objectives of the general plan, and is not detrimental to existing uses or to
uses specifically permitted in the zone in which the proposed shared parking is to be
located.
2. That the site for the intended use is adequate in size and shape to accommodate the
proposed shared parking.
3. That all of the setbacks, walls, fences, landscaping, and other features necessary to adjust
the requested shared parking to existing or permitted future uses in the neighborhood will
be provided and maintained.
4. That the street system serving the proposed shared parking is adequate to properly handle
all traffic generated by the proposed shared parking. (Ord. 9252 §l(part), 1970: Ord. 9060
§1401).
Conditions:
1. This conditional use permit is granted for a period of five years. This conditional use
permit shall be reviewed by the Planning Director on a yearly basis to determine if all
conditions of this permit have been met and that the use does not have a significant
detrimental impact on surrounding properties or the public health and welfare. If the
Planning Director determines that the use has such significant adverse impact, one of the
following mitigations shall be required to be implemented:
Restrict the hoUIS of operation of the Sports Center in Planning Area
10.
Provide additional parking in the service area of the hotel shuttle. or
in Planning Area 11.
Any additional parking constructed under mitigation No. (2) above shall not encroach into any
areas currently in open space as shown on Exhibits •A-E". dated April 4. 1990. This permit may
be revoked at any time after a public hearing, if it is found that the use has a significant
detrimental affect on surrounding land uses and the public's health and welfare, or the conditions
imposed herein have not been met. This permit may be extended for a reasonable period of time
not to exceed five years upon written application of permittee made no less than 90 days prior
to the expiration date. In granting such extension, the Planning Commission shall find that no
substantial adverse affect on surrounding land uses or the public's health and welfare is found, the
extension shall be considered as an original application for a conditional use permit. There is no
limit to the number of extensions the Planning Commission may grant.
PC RESO NO. 3003 -2-
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2. Approval is granted for CUP 90-5 subject to the approval of MP 177(C) and SDP 86-
2(A), and Conditional Use Permit 90-5. All conditions of approval of MP 177(C) and SDP
86-2(A) are incorporated herein by reference.
3. Approval of CUP 90-5 is subject to the condition that the proposed valet and shuttle
service shall be operated and maintained continuously by the hotel operator in perpetuity
for the life of the hotel Any substantial changes, as determined by the Planning Director,
shall necessitate a formal amendment of Site Development Plan 86-2(A) and Conditional
Use Permit 90-5 to be processed.
4. This project is approved subject to the condition that all special events, as defined in
Section 8.17.010 of the Carlsbad Municipal Code including, but not limited to, golf and
tennis tournaments, shall require a Special Events Permit, pursuant to Section 8.17.050 and
8.17.060. Included with this permit application shall be a parking and circulation plan.
Facilities not essential to the special event may be temporarily closed to the public for the
duration of the event, as determined to be necessary by the Planning Director.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 4th day of April, 1990, by the
following vote, to wit:
AYES: Chairperson Schramm, Commissioners: Hall, Holmes, Marcus,
Schlehuber.
NOES: Commissioners Erwin, McFadden.
ABSENT: None.
ABSTAIN: None.
dhM~~ SHARON S ,chairperson
CARLSBAD PLANNING COMMISSION
ATIEST:
A i)il ' (} r.:l\ 1 \ ,.,() r;r: ., V VIJ.A)f\.~wj&b.__
MICHAEL J. HOLZ LER
PLANNING DIRECTOR
PC RESO NO. 3003 -3-