HomeMy WebLinkAbout1990-10-17; Planning Commission; Resolution 3128* 0 0
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PLANNING COMMISSION RESOLUTION NO. 3128
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A PLANNED DEVELOPMENT
PERMIT TO DEVELOP SIX CONDOMINIUM UNITS AND A SEAWALL
ON PROPERTY GENERALLY LOCATED ON THE SOUTHWEST
CORNER OF THE INTERSECTION OF OCEAN STREET AND GRAND
AVENUE.
CASE NAME: ST. TROPEZ WEST
CASE NO.: PUD 90-1 1
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.
10 has been filed with the City of Carlsbad and referred to the Planning Commission; and
11 WHEREAS, said verified application constitutes a request as provided by
I.2 the Carlsbad Municipal Code; and
13 I/ WHEREAS, the Planning Commission did, on the 17th day of October, :
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a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testi
17 arguments, if any, of all persons desiring to be heard, said Commission considered ;
relating to the Planned Unit Development. 18
19 I1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Corm
20 follows:
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23 PUD 90-11, based on the following findings and subject to the following condib
B) That based on the evidence presented at the public hearing, the Commission A 22
A) That the above recitations are true and correct.
24 /I Findinns:
25 1. ne project is consistent with the City‘s General Plan since the proposed den:
du’s/acre is within the density range of 15-23 du’s/acre specified for the site as
26 on the Land Use Element of the General Plan, and is at or below the growth con
of 19.
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2. 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.
3. The Planning Commission has, by inclusion of an appropriate condition to th
ensured building permits will not be issued for the project unless the City
detennines that sewer service is available, and building cannot occur within t
unless sewer service remains available, and the Planning Commission is satisfie
requirements of the Public Facilities Element of the General Plan have been met
they apply to sewer service for this project.
4. School fees will be paid to ensure the availability of school facilities in the Carlsb
School District.
5. Park-in-lieu fees are required as a condition of approval.
6. All necessary public improvements have been provided or will be required as COI
approval.
7. The applicant has agreed and is required by the inclusion of an appropriate condii
a public facilities fee. Performance of that contract and payment of the fee will f
body to find that public facilities will be available concurrent with need as requi
General Plan.
8. Assurances have been given that adequate sewer for the project will be provided 1
of Carlsbad.
9. The proposed project ;S consistent with the City's Planned Development Ordinanc
complies with the Design Guidelines Manual.
10. The proposed project is compatible with the surrounding future land uses since su
properties are designated for high and medium-high density residential developm
General Plan.
11. This project will not cause any significant environmental impacts and a C
Negative Declaration has been issued by the Planning Director on July 10,
Approved by the Planning Commission on October 17,1990. In approving this C
Negative Declaration the Planning Commission has considered the initial studj
analysis, all required mitigation measures and any written comments received reg
significant effects this project could have on the environment.
12. The applicant is by condition, required to pay any increase in public facility ff
construction tax, or development fees, and has agreed to abide by any
requirements established by a Local Facilities Management Plan prepared PI
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued ava
public facilities and will mitigate any cumulative impacts created by the project,
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13. This project is consistent with the City's Growth Management Ordinance as it
conditioned to comply with any requirement approved as part of the Local
Management Plan for Zone 1.
14. This project was subject to Chapter 21.95 of the Carlsbad Municipal Codt
Ordinance) and meets all the requirements of that Chapter to ensure the sensitive
of the City's hillside resources.
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Conditions:
1. Approval is granted for PUD 90-11, as shown on Exhibit(s) "A" - "K", dated 0
1990, incorporated by reference and on file in the Planning Department. Develop
occur substantially as shown unless otherwise noted in these conditions.
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2. The developer shall provide the City with a reproducible 24" x 36", mylar copy
Plan as approved by the Planning Commission. The Site Plan shall reflect the
of approval by the City. The plan copy shall be submitted to the City Enginel
issuance of building permits or improvement plan submittal, whichever occurs j
3. This project is approved upon the express condition that building permits will no
for development of the subject property unless the City Engineer determines :
facilities are available at the time of application for such sewer permits and wil
to be available until time of occupancy.
4. This project is also approved under the express condition that the applicant pay
facilities fee adopted by the City Council on July 28, 1987 and as amended frc
time, and any development fees established by the City Council pursuant to Cha
of the Carlsbad Municipal Code or other ordinance adopted to implement
management system or facilities and improvement plan and to fulfill the SI
agreement to pay the public facilities fee dated March 28, 1990, a copy of whicl
with the City Clerk and is incorporated by this reference. If the fees are no1
application will not be consistent with the General Plan and approval for this p
be void.
5. The applicant shall pay park-in-lieu fees to the City, prior to the approval of the
as required by Chapter 20.44 of the Carlsbad Municipal Code.
20 6. The applicant shall provide school fees to mitigate conditions of overcrowding
21 building permit application, These fees shall be based on the fee schedule in el time of building permit application.
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the City of Carlsbad and the Carlsbad Municipal Water District, dated May 25,
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7. Water shall be provided to this project pursuant to the Water Service agreemer
8. This project shall comply with all conditions and mitigation measures whic
required as part of the Zone 1 Local Facilities Management Plan and any amendn
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 tht of any fees in lieu thereof, imposed by this approval or imposed by law on this F
challenged this approval shall be suspended as provided in Government Cod
65913.5. If any such condition is determined to be invalid this approval shall 1
unless the City Council determines that the project without the condition complit
requirements of law.
10. Approval of this request shall not excuse compliance with all sections of tl. Ordinance and all other applicable City ordinances in effect at time of buildi
issuance.
11. Approval of PUD 90-11 is granted subject to the approval of CT 90-7, HDP 90-1
V 90-2.
12. Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gate;
to City standards. Location of said receptacles shall be approved by the Plannini
Enclosure shall be of similar colors and/or materials to the project to the satisfaci
Planning Director.
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13. All roof appurtenances, including air conditioners, shall be architecturally intez
concealed from view and the sound buffered from adjacent properties and
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substance as provided in Building Department Policy No. 80-6, to the satisfact
Directors of Planning and Building.
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14. All visitor parking spaces shall be striped a different color than the assigned reside
spaces and shall be clearly marked as may be approved by the Planning Direct0
15. An exterior lighting plan including parking areas shall be submitted for Plannin
approval. All lighting shall be designed to reflect downward and avoid any i
adjacent homes or property.
16. The applicant shall prepare a detailed landscape and irrigation plan whid
submitted to and approved by the Planning Director prior to the issuance of ;
building permits, whichever occurs first.
17. All landscaped areas shall be maintained in a healthy and thriving condition,
weeds, trash, and debris.
18. All landscape plans shall be prepared to conform with the Landscape Guidelines Ri
submitted per the landscape plan check procedures on file in the Planning Dep;
19. Landscape plans shall be designed to minimize water use. Lawn and other zor
(see Landscape Guidelines Manual) shall be limited to areas of special visual imr
high use. Mulches shall be used and irrigation equipment and design shall pror
conservation.
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20. The developer shall avoid trees that have invasive root systems, produce exces , 1 and/or are too large relative to the lot size.
2 21. Prior to final occupancy, a letter from a California licensed landscape architec
submitted to the Planning Director certifying that all landscaping has been in 3 shown on the approved landscape plans.
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22. The applicant shall pay a landscape plan check and inspection fee as required I
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20.08.050 of the Carlsbad Municipal Code.
23. The first set of landscape and irrigation plans submitted shall include build
improvement plans and grading plans.
24. All landscape and irrigation plans shall show existing and proposed contours
8 match the grading plans in terms of scale and location of improvements.
9 25. The number of trees in a residential project shall be equal to or greater than tl
of residential units. 10
11 26. 20% of the trees in multi-family projects of 5 units or more shall be 24" box or
12 27. Any landscaping utilizied west of the building shall be limited to species whit
growing so as to not block coastal views that adjacent properties ,my currently
13 28. Any signs proposed for this development shall at a minimum be designed in co:
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with the City's Sign Ordinance and shall require review and approval of thc
29. Building identification and/or addresses shall be placed on all new and existin$ 16 so as to be plainly visible from the street or access road; color of identificati
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18 30. The developer shall display a current Zoning and Land Use Map in the sales o
times, or suitable alternative to the satisfaction of the Planning Director.
Director prior to installation of such signs.
addresses shall contrast to their background color.
19 /I 31. All sales maps that are distributed or made available to the public shall include
2o II limited to trails, future and existing schools, parks, and streets.
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32. This project is being approved as a condominium pennit for residential homt
purposes. If any of the units in the project are rented, the minimum time inc
such rental shall be not less than 26 days. A condition so stating this shall be pl
CC&R's for the project.
33. As part of the plans submitted for building pennit plan check, the applicant s€
a reduced version of the approving resolutionhesolutions on a 24" x 36" bluelir
Said blueline drawing(s) shall also include a copy of any applicable Coastal Dc
Permit and signed approved site plan.
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34. Prior to issuance of a grading or building permit, whichever comes first, a soils n
be prepared and submitted to the City of Carlsbad. If the soils report indicates th
of potential fossil bearing material then a standard two phased program, on
Planning Department, shall be undertaken to avoid possible significant i~
paleontological resources under the direction of the Planning Department.
35. Any fencing constructed around the spa shall not be solid fencing but shall bc
having openings between the materials of which the fence is constructed which
completely block views of the coastline from adjacent properties.
36. The four single car garages adjacent to Ocean Street shall be equiped with autom
door openers due to the length of the driveways. The re,-ed garage door op
be installed prior to approval of occupancy for the structure.
8 37. All conditions stated in Resolutions 3126, 3127, 3129, and 3130 for the C
Negative Declaration, ('X 90-7, HDP 90-15, and V 90-2 are incorporated by refere
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11 herein
I.2 Fire Conditions:
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14 approved by the Fire Department.
Enkeering Condition:
38. All conditions stated in Resolution No. 3127 for a 90-7 are incorporated b:
39. Prior to the issuance of building permits, complete building plans shall be submi
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40, Additional public and/or onsite fire hydrants shall be provided if deemed neces
Fire Marshal.
41. The applicant shall submit two (2) copies of a site plan showing locations of e
proposed fire hydrants and onsite roads and drives to the Fire Marshal for apl
to issuance of a building permit.
l9 I 42. Proposed security gate systems shall be provided with "Knox" key operated over:
as specified by the Fire Department.
2o // 43. Fire retardant roofs shall be required on all structures.
21 44. All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinkler:
22 systems pertinent to the project shall be submitted to the Fire Department for apl
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45. Building exceeding 10,000 sq. ft. aggregate floor area shall be sprinklered.
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/I PASSED, APPROVED, AND ADOPTED at a regular meeting of tht 1
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Commission of the City of Carlsbad, California, held on the 17th day of October, 15
following vote, to wit:
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AYES : Commissioners: Schlehuber, Erwin and Marcus.
NOES: Chairperson Schramm and Commissioner McFadden
ABSENT: Commissioners Hall and Holmes.
ABSTAIN: None.
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SHARON SCHRA", Chairperson
CARLSBAD PLANNING COMMISSION
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PC RES0 NO. 3128 -7-