HomeMy WebLinkAbout1990-10-17; Planning Commission; Resolution 3127i ll 0 e ’;.
PLANNING COMMISSION RESOLUTION NO. 3127
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A 1 LOT TENTATIVE TRACT
MAP CREATING 6 CONDOMINIUM UNITS ON PROPERTY
GENERALLY LOCATED ON THE SOUTHWEST CORNER OF THE
INTERSECTION OF OCEAN STREET AND GRAND AVENUE.
CASE NAME: ST. TROPEZ WEST
CASE NO.: CT 90-7
WHEREAS, a verified application for certain property to wit:
Lot 1 of Block B of the Hays Land Company Addition in the City of
Carlsbad, County of San Diego, State of California, according to map
thereof No. 1221, filed in the office of the County Recorder of San
Diego County, November 4, 1909.
has been filed with the City of Carlsbad and referred to the Planning Commission; an
WHEREAS, said verified application constitutes a request as provided b:
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of October:
a duly noticed public hearing as prescribed by law to consider said request; and
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Co: 18
relating to the Tentative Tract Map. 17
arguments, if any, of all persons desiring to be heard, said Commission considerer 16
WHEREAS, at said public hearing, upon hearing and considering all te:
l9 // follows:
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22 CT 90-7, based on the following findings and subject to the following condit
A) That the above recitations are true and correct. .
B) That based on the evidence presented at the public hearing, the CommissioI
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1. The project is consistent with the City‘s General Plan since the proposed c 24
Findings:
du’s/acre is within the density range of 15-23 du’s/acre specified for the site
on the Land Use Element of the General Plan, and is at or below the growth I
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of 19.
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The site is physically suitable for the type and density of the development since
adequate in size and shape to accommodate residential development at tl
proposed.
The Planning Commission has, by inclusion of an appropriate condition to tl-
ensured building pennits will not be issued for the project unless the Cig
determines that sewer service is available, and building cannot occur within t
unless sewer service remains available, and the Planning Commission is satisfic
requirements of the Public Facilities Element of the General Plan have been met they apply to sewer service for this project.
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8 5. Park-in-lieu fees are required as a condition of approval.
4. School fees will be paid to ensure the availability of school facilities in the CarlsI
School District.
9 6. All necessary public improvements have been provided or will be required as co
approval. 10
7. The applicant has agreed and is required by the inclusion of an appropriate cond:
body to find that public facilities will be available concurrent with need as requ
General Plan.
11 a public facilities fee. Performance of that contract and payment of the fee will
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l3 11 8. The proposed project is consistent with the City's Planned Development Ordinan
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15 9. The proposed project is compatible with the surrounding future land uses since s
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properties are designated for high and medium-high density residential develop]
General Plan.
complies with the Design Guidelines Manual.
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10. This project will not cause any significant environmental impacts and a
Negative Declaration has been issued by the Planning Director on July 10
Approved by the Planning Commission on October 17,1990. In approving this
Negative Declaration the Planning Commission has considered the initial stuc
analysis, all required mitigation measures and any written comments received re
significant effects this project could have on the environment.
21 11. The applicant is by condition, required to pay any increase in public facility
construction tax, or development fees, and has agreed to abide by any
public facilities and will mitigate any cumulative impacts created by the proje 23 Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued a'
22 requirements established by a Local Facilities Management Plan prepared 1
24 12. This project is consistent with the City's Growth Management Ordinance as
conditioned to comply with any requirement approved as part of the Lo<
Management Plan for Zone 1. 25
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13. This project was subject to Chapter 21.95 of the Carlsbad Municipal Cod
Ordinance) and meets all the requirements of that Chapter to ensure the sensitivl
of the City's hillside resources.
Conditions:
1, Approval is granted for CT 90-7, as shown on Exhibit(s) "A" - X", dated Octobe
incorporated by reference and on file in the Planning Department. Development
substantially as shown unless otherwise noted in these conditions.
2. The developer shall provide the City with a reproducible 24" x 36", mylar (
Tentative Map as approved by the Planning Commission. The Tentative Map
the conditions of approval by the City. The Map copy shall be submitted
Engineer prior to issuance of building permits or improvement plan submittal
occurs first.
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This project is approved upon the express condition that building permits will n
for development of the subject property unless the City Engineer determines
facilities are available at the time of application for such sewer permits and M
to be available until time of occupancy. This note shall be placed on the ha:
This project is also approved under the express condition that the applicant pa
facilities fee adopted by the City Council on July 28, 1987 and as amended f
the, and any development fees established by the City Council pursuant to Cl
of the Carlsbad Municipal Code or other ordinance adopted to implemen
management system or facilities and improvement plan and to fulfill the
agreement to pay the public facilities fee dated March 28,1990, a copy of wh
with the City Clerk and is incorporated by this reference. If the fees are r
application will not be consistent with the General Plan and approval for ~
be void.
The applicant shall pay park-in-lieu fees to the City, prior to the approval of t
as required by Chapter 20.44 of the Carlsbad Municipal Code.
19 I 6. The applicant shall provide school fees to mitigate conditions of overcrowdi
building permit application. These fees shall be based on the fee schedule in
time of building permit application. 2o I
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7. Water shall be provided to this project pursuant to the Water Service agreem
the City of Carlsbad and the Carlsbad Municipal Water District, dated May 21
8. This project shall comply with all conditions and mitigation measures w
required as part of the Zone 1 Local Facilities Management Plan and any amen
to that Plan prior to the issuance of building permits.
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9. If any condition for construction of any public improvements or facilities, or th
of any fees in lieu thereof, imposed by this approval or imposed by law on this
challenged this approval shall be suspended as provided in Government Co
unless the City Council determines that the project without the condition compl
requirements of law.
65913,5, If any such condition is determined to be invalid this approval shall
4 10. Approval of this request shall not excuse compliance with all sections of t
Ordinance and all other applicable City ordinances in effect at time of build 5 issuance except as specified in condition number 38.
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11. Approval of CT 90-7 is granted subject to the approval of PUD 90-11, HDP 90,
conditions and restrictions. Said CC&R's shall be submitted to and appro
12. The applicant shall establish a homeowner's association and corresponding 8
V 90-2.
9 Planning Director prior to final map approval.
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13. Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gat
to City standards. Location of said receptacles shall be approved by the Pla&
Enclosure shall be of sdar colors andlor materials to the project to the satisfa
Planning Director. 12
13 14. All roof appurtenances, including air conditioners, shall be architecturally intc
concealed from view and the sound buffered from adjacent properties and
14 substance as provided in Building Department Policy No. 80-6, to the satisfac
Directors of Planning and Building.
15 15. All visitor parking spaces shall be striped a different color than the assigned resic
16 spaces and shall be clearly marked as may be approved by the Planning Direc
17' 16. An exterior lighting plan including parking areas shall be submitted for Plann
18 approval. All lighting shall be designed to reflect downward and avoid any
adjacent homes or property.
I' 17. The applicant shall prepare a detailed landscape and irrigation plan whj
20 submitted to and approved by the Planning Director prior to the issuance 0.
building permits, whichever occurs first.
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22 weeds, trash, and debris.
18. All landscaped areas shall be maintained in a healthy and thriving conditio
23 19. AU landscape plans shall be prepared to conform with the Landscape Guideline5
24 II submitted per the landscape plan check procedures on file in the Planning Dc
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20. Landscape plans shall be designed to minimize water use. Lawn and other zor
high use. Mulches shall be used and inigation equipment and design shall pro1 1 (see Landscape Guidelines Manual) shall be limited to areas of special visual hl
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21. The developer shall avoid trees that have invasive root systems, produce exce 3
conservation.
and/or are too large relative to the lot size.
22. Prior to final occupancy, a letter from a California licensed landscape archite 5 submitted to the Planning Director certifying that all landscaping has been i
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23. The applicant shall pay a landscape plan check and inspection fee as required
shown on the approved landscape plans.
20.08.050 of the Carlsbad Municipal Code.
24. The first set of landscape and irrigation plans submitted shall include buil 9 improvement plans and grading plans.
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25. All landscape and irrigation plans shall show existing and proposed contour
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13 27. 20% of the trees in multi-family projects of 5 units or more shall be 24" box o
14 28. Any landscaping utilized west of the building shall be limited to species wh
15 growing so as to not block coastal views that adjacent properties may current
16 29. Any signs proposed for this development shall at a minimum be designed in c
with the City's Sign Ordinance and shall require review and approval of tl
match the grading plans in terms of scale and location of improvements.
26. The number of trees in a residential project shall be equal to or greater than .
of residential units.
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30. Building identification and/or addresses shall be placed on all new and existi 18
Director prior to installation of such signs.
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so as to be plainly visible from the street or access road; color of identifica
addresses shall contrast to their background color.
31. The developer shall display a current Zoning and Land Use Map in the sales
21 times, or suitable alternative to the satisfaction of the Planning Director.
22 32. AU sales maps that are distributed or made available to the public shall includ
23 /I limited to &ails, future and existing schools, parks, and streets.
24 33. This project is being approved as a condominium permit for residential hox
purposes. If any of the units in the project are rented, the minimum time i
25 such rental shall be not less than 26 days. A condition so stating this shall be
CC&R's for the project.
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34. As part of the plans submitted for building permit plan check, the applicant sh
Said blueline drawing(s) shall also include a copy of any applicable Coastal De 1
Permit and signed approved site plan. 2
a reduced version of the approving resolutiodresolutions on a 24" x 36 bluelin
3 35. Prior to issuance of a grading or building permit, whichever comes first, a soils r
be prepared and submitted to the City of Carlsbad. If the soils report indicates tl
paleontological resources under the direction of the Planning Department.
Planning Department, shall be undertaken to avoid possible significant i
4 of potential fossil bearing material then a standard two phased program, on
5 ' 36. Approval is contingent upon obtaining a Coastal Development Permit from 1
Commission that approves development that is in substantial conformance wj
approval A copy of the signed, approved Coastal Development Permit shall b(
8 to the Planning Department Approval is also contingent upon obtaining appro\
City Council for constmction of improvements of the seawall on the public be;
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37. The applicant shall submit to the City prior to recordation of the Final Map a n
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10 plan for the seawall for the review and approval of the Planning Director and (3
l1 11 38. All conditions stated in Resolutions 3126, 3128, 3129 and 3130 for the
Negative Declaration, PUD 90-11, HDP 90-15, and V 90-2 are incorporated I l2iI her&
l3 39.
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Grading for the project site shall only exceed 10,000 cubic yards per acre, wh
unacceptable range pursuant to the Hillside Development Regulations, if the a]
demonshate to the satisfaction of the Planning Director and City Engineer throu,
of a current topographic map prepared, stamped, and signed by a registered Ci
or Land Surveyor that the existing ground elevations for the site are lower t
shown on the &%its approved for this project This consideration has been '
Planning Commission to recognize the fact that the existing ground elevat
project site could be significantly changed as a result of coastal storms. This w
that fill dirt be brought in to return the ground level to that which is sh
approved exhiiits. Grading calculations shall also be submitted to support an
exceed 10,000 cubic yards of grading per acre.
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40. The project shall contain 2,629 square feet of storage area within the stmcl~
on Exhiiit "G" dated October 17,1990. The storage area shall be retained as
not converted to any other use unless a Planned Unit Development Permit A
approved by the Planning Commission.
ENGINEERING CONDITIONS
24 41. The developer shall comply with all the rules, regulations and design require
respective sewer and water agencies regarding services to the project.
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42. The developer shall be responsible for coordination with S.D.G.&E., Pacific Te
Cable TV authorities.
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43. This project is approved specifically as 1 (single) phase.
44. Approval of this tentative tract map shall expire twenty-four (24) months from t
requested by the applicant. Said extension shall be approved or denied at the di
4 new conditions and may revise existing conditions pursuant to Section 20.12
Carlsbad Municipal Code.
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the Planning Commission. In approving an extension, the Planning Commission n 3
Planning Commission approval unless a final map is recorded. An extensio
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45. Prior to approval of the final map the developer shall enter into an agreement w
to pay any drainage area fees established as a result of the forthcoming Maste
Plan Update.
46. The developer shall enter into an agreement to pay proportional fees for
undergrounding of all existing overhead utility lines along the boundary of the :
prior to Final Map Approval.
47. No grading permits shall be issued for this subdivision prior to recordation of thc
48. Based upon a review of the proposed grading and the grading quantities shc
Tentative Map, a grading pennit for this project is required. Prior to issuance o
permit for the project, the applicant must submit and receive approval for grad:
accordance with City codes and standards, be issued a grading permit and c(
grading work in substantial confomance with the approved grading plans.
49. The developer shall obtain a grading permit prior to the commencemenr of any
grading of the site.
50. No grading shall occur outside the limits of the subdivision unless a gradi
easement is obtained from the owners of the affected properties. If the develop
to obtain the grading or slope easement, he must either amend the tentative ma
the slope so grading will not occur outside the project site in a manner which s
conforms to the approved tentative map as determined by the City Engineer a:
1 Director. i I-9
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I 51. A separate grading plan shall be submitted and approved and a separate grz
21 52. Prior to hauling dirt or construction materials to any proposed construction sit)
project the developer shall submit to and receive approval from the City Engj
22 proposed haul route. The developer shall comply with all conditions and requ
City Engineer may impose with regards to the hauling operation.
issued for the borrow or disposal site if located within the city limits.
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to the issuance of grading or building pennit as may be required by the City
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53. Additional drainage easements and drainage structures shall be provided or im
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54. Ocean Street shall be dedicated by the developer along the project frontage bi
center line to right-of-way width of 25 feet (that is an additional five feet of rigk
and in conformance with City of Carlsbad Standards prior to approval of Final 1
55. PAor to approval of any grading or building permits for this project, the owner written consent to the annexation of the area shown within the boundaries of th
into the existing City of Carlsbad Street Lighting and Landscaping District No. 1. , shall be provided by the City during the improvement plancheck process.
56. Plans, specifications, and supporting documents for all improvements shall be p
the satisfaction of the City Engineer. Prior to approval of the Final Map in accord
City Standards the Developer shall install, or agree to install and secure with a
security as provided by law, improvements shown on the Tentative Map and the
improvements:
A. Full half street improvements to Ocean Street along the project frontagl
any necessary offsite transitions.
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B. A note to this effect shall be placed on an additional map sheet on the fir
the provisions of Sections 66434.2 and 66445 of the Subdivision Map 1
57. Improvements listed above shall be constructed within 12 months of Final Mal
58. The construction of the proposed seawall for this project is conditioned to coml
requirements in the report titled "Design Criteria for Vertical Seawall St Trope2
Ocean Street, Carlsbad, California" dated December 4,1989 and any amendme
and the letter from Noble Consultants dated July 10,1990, and any amendme
The developer shall install and secure with appropriate security as provided
seawall from the subject property north across the public beach access to tl
properties seawall The developer must first obtain an encroachment permit fi
and a Coastal Permit from the State for the offsite seawall prior to final map ap
developer must then comply with conditions for said encroachment permit
Fire Conditions:
~ 59. Prior to the issuance of building permits, complete building plans shall be subn
approved by the Fire Department.
60. Additional public and/or onsite fire hydrants shall be provided if deemed necc
Fire Marshal.
23 61. The applicant shall submit two (2) copies of a site plan showing locations of
PC RES0 NO. 3127 -8- 27
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62. Proposed security gate systems shall be provided with "Knox" key operated ovc 25
to issuance of a building permit. 24 proposed fire hydrants and onsite roads and drives to the Fire Marshal for a]
as specified by the Fire Department.
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63. Fire retardant roofs shall be required on all structures.
64. All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers,
systems pertinent to the project shall be submitted to the Fire Department for app
to construction.
65. Building exceeding 10,000 sq. ft. aggregate floor area shall be sprinklered.
5 PASSED, APPROVED, AND ADOPTED at a regular meeting of the ' Commission of the City of Carlsbad, California, held on the 17th day of October, 19
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AYES: Commissioners: Schlehuber, Marcus and Erwin.
NOES: Chairperson Schramm and Commissioner McFadden.
ABSENT: Commissioners Hall and Holmes.
ABSTAIN: None.
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SHARON SCHRA", Chairperson
CARLSBAD PLANNING COMMISSION
16 ll ATTEST:
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