HomeMy WebLinkAbout1990-10-17; Planning Commission; Resolution 3129*
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PLANNING COMMISSION RESOLUTION NO. 3129
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING A HILLSIDE
DEVELOPMENT PERMIT FOR A TENTATIVE TRACT MAP AND
UNITS ON PROPERTY GENERALLY LOCATED ON THE
SOUTHWEST CORNER OF THE INTERSECTION OF OCEAN
STREET AND GRAND AVENUE.
CASE NAME: ST. TROPEZ WEST
PLANNED UNIT DEVELOPMENT CREATING 6 CONDOMINIUM
CASE NO.: HDP 90-15
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; a1
WHEREAS, said verified application constitutes a request as provided
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 17th day of Octc
consider said request; and
WHEREAS, at said hearing, upon hearing and considering all test
arguments, if any, of all persons desiring to be heard, said Commission considered
relating to the Planning Commission Determination; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Cor
follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
HDP 90-15, based on the following findings and subject to the following COI
Findings:
1. Hillside conditions have been properly identified on the constraints map/slope I
slope profiles exhiiit.
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2- No undevelopable areas such as slopes over 40 percent have been Idenaed or
site.
3. The development proposal and all applicable development approvals and
consistent with the purpose, intent and requirements of the Hillside D
Regulations and no modifications to the devleopment and design standards ax
4. The finding that no development or grading will occur in those portions of th
are undevelopable pursuant to the provisions of Zoning ordinance sect
21.53.230(b) can be made as the site contains no area within any of those c
5. As a result of wave erosion and existing development the project site has bea
however the project design minimizes the disturbance of the site as much as
following the existing slope of the land.
6. The project design substantially conforms to the intent of concepts ausb
Hillside Development Guidelines as follows:
k The building and useable yard area step down the slope.
B. The varied roofline and its orientation are in compliance with the gu
C. The building is setback 25 feet from the property line at the bottom
and the various levels have been setback from one another.
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7. The project is consistent with the City‘s General Plan since the proposed dc
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 c
of 19.
8. The site is physically suitable for the type and density of the development si
is adequate in size and shape to accommodate residential development at
proposed.
9, The Planning Commission has, by inclusion of an appropriate condition to ensured building permits will not be issued for the project unless the Ci
determines that sewer service is available, and building cannot occur within
unless sewer service remains available, and the Planning Commission is satisj
requirements of the Public Facilities Element of the General Plan have been
as they apply to sewer service for this project.
10. School fees will be paid to ensure the availability of school facilities in t
Unified School District.
11. Park-in-lieu fees are required as a condition of approval.
12. AU necessary public improvements have been provided or will be required a
of approval.
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PC RES0 NO. 3129 -2-
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13. The applicant has agreed and is required by the inclusion of an appropriate (
pay a public facilities fee. Performance of that contract and payment of the fee
this body to find that public facilities will be available concurrent with need
by the General Plan.
14. The proposed project is consistent with the City's Planned Development Or(
also complies with the Design Guidelines Manual.
15. The proposed project is compatible with the surrounding future land
surrounding properties are designated for High and Medium-High Density
development on the General Plan.
16. This project will not cause any significant environmental impacts and a
Negative Declaration has been issued by the Planning Director on July 1C
Approved by the Planning Commission on October 17, 1990. In apr
Conditional Negative Declaration the Planning Commission has considerec
study, the staff analysis, all required mitigation measures and any writtel
received regarding the significant effects this project could have on the envi
17. The applicant is by condition, required to pay any increase in public facility
construction tax, or development fees, and has agreed to abide by anJ
requirements established by a Local Facilities Management Plan prepared
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued a1
public facilities and will mitigate any cumulative impacts created by the proj
i 18. This project is consistent with the City's Growth Management Ordinance as
conditioned to comply with any requirement approved as part of the LOC Management Plan for Zone 1.
19. This project was subject to Chapter 21.95 of the Carlsbad Municipal Cot
Ordinance) and meets all the requirements of that Chapter to ensure t
treatment of the City's hillside resources.
Conditions:
1. Approval is granted for HDP 90-15, as shown on Exhibit(s) "A" - "IC, dated
1990, incorporated by reference and on file in the Planning Department. r
shall occur substantially as shown unless otherwise noted in these condition
2. Approval of HDP 90-15 is granted subject to the approval of CT 90-7, PUD !
V 90-2.
3. All conditions stated in Resolutions 3126, 3127, 3128, and 3130 for the
Negative Declaration, CX 90-7, PUD 90-11, and V 90-2 are incorporated 1
her&
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PC RES0 NO. 3129 -3-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of thl
Commission of the City of Carlsbad, California, held on the 17th day of October, 1!
following vote, to wit:
AYES: Commissioners: Schlehuber, Erwin and Marcus.
NOES: Chairperson Schramm and Commissioner McFadden.
ABSENT: Commissioners Hall and Holmes.
ABSTAIN: None.
SHARON SCHRA", Chairperson
CARLSBAD PLANNING COMMISSION -
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PC RES0 NO. 3129 .4-