HomeMy WebLinkAboutCT 90-07; ST. TROPEZ WEST CONDOS; Tentative Map ExhibitTENTATIVE MAP MAJOR SUBDIVISION
PWffllNG COMM'JSSJON RISOLl[T]ON NO, 3127
A RESOLUTION OF THE PLANNING COMMISSION OF THE Cl1Y OF
CARLSBAD, CALIFORNIA, APPROVING A I LOT TENTATIVE TRACT
MAP CREATING 6 CONDOMINIUM UNITS ON PROPERTY
GENERALLY LOCATED ON THE SOUTI-JWEST CORNER OF 11-JE
INTERSECTION OF OCEAN STREET AND GRAND AVENUE.
CASE NAME: ST TROPEZ WEST
CASE NO.: CJ 90-7
WHEREAS, a verified application for cenain propeny 10 wit:
Lot I of Bloek B of the Hays Land Company Addition in th• Ci,y of
CarL,bad, County of San Diego. State of California. according to map
thereof No. 1221, filed in the office of the Coun,y Recorder of San
Diego County. November 4. 1909.
.ia, been filed with the City of Carl>bad and referred to the Planning Commission; and
WHEREAS, ,a,d venfied applicallon consllrutes a request a, provided by Title 21 of
the Carl>bad Municipal Code; and
WHEREAS, the Planning Commission did. on the 17th day ot Ocrober, I 990, hold
a duly noticed public hearing •• prescribtd by law to consider s .... d request; and
WHEREAS, at said public heanng, upon hearing and considering all testimony •nd
argumems, it any, of all persons desiring 10 be heard, said Conurus .. on considertd all faccors
relating 10 the Tentative Tract Map.
NOW, 11-JEREFORE, BE IT HEIi.EBY RESOLVED by w Planning Commission a•
follows;
A) That eke above rocitai:ions at• t?\10! and correct.
B) 'l'bac bued on the evidence pre5'nted at the p11blic: hearing, the Comnwsion APPROVES er 90-7, based on the following findings and subject to the following conditions:
Fjndjnp:
I. The proje,:c is co111istent with the Ciry's Gmeral Pl&II ,inco the propooed density of 19
d11'S/acre is within the density range of 15-23 du'S/acre ,pecified for the site u ,ndicaied
on the Land Use Element of the General Plan. and. ii at or below the growth con11ol poin1
ot 19.
2. The ,ue is physically suirable for the rype and density of the development since the sit• is
ad,q11a1e in size and shape to accommoda1e residential development at the demi,y
proposed.
3. The Planning Commission has, by indu,ion of an appropriate col\dition 10 thi< projec1.
eruur•d building perm.its will not be 1Ssued for th• projoct unless the City Engineer
determines that sewer service is available, and building cannot occur within the proj,c1
unless ,ewer service rtmains available. and the Planning Commi>sion is ,arisfied that the
requirement, of the Public Facilities Element of •lie General Plan havt been met insofar JS
they apply 10 sewer service for this proiecr.
4. S<hool fees will be paid 10 ensure the availability of school facililles in the Carlsbad Crufied
S<hool Disaiet.
S. Park-in-lie11 fees are required •• a condition of approval
6. All necessary public improvemems have been provided or will be equired a, conditions of
approval.
7. The applican1 hu agreed and is required by the inclusion of an appropriate condition to pay
a public facilities fee. Performance al that contrac1 and payment of the fee will enable thi<
body to find that public facilities will be available concwrent w,th need as required by the
General Plan.
a. The proposed projecr is consi>tent with the City's Planned Devtlopment Ordinance and also
complies with the Design Guidelines Manual
9. The proposed projtct is compatible with the swrounding furur, land use, since surroundinll"
properties ar• des,gnated for high and medium-high deruity residential development on the
General Plan.
10. This projecl will not cause any signiiican1 enVU"orunental impacts and a Conditional
Negative Declaration has been issued by the Planning D1rec10, on July 10, 1990 and
Approved by th,: Planning Commission on Ocrober 17, 1990, In approVU1g thi, Conditional
Negative Declaration the Planning Commission has considered the initial srudy, the staff
analysis, all required mitigation measures and any written commenu received regarding the
significant dtttts this project could have on the enVU"Orunenl.
11, TIM: applicant is by condition. required to pay any increasc in public facility feo, or new
comtn1Ction tu, or developrn<nt fe.,, and hu apeed to abide by any addition.ii
ffilllittmenu esrablished by a Local Facilitie• Management Plan prepared punuant to
Chapw-21-90 of the Carlsbad Municip.tl Code. This will eniw-e continutd availability of
public facilities and will mitigate any cumulative impacts crea1ed by the projec1.
12. Thu project ii consistent with the Ciry's Growth Managemenr Ordinance u it Ii» b•en
conditioned to comply with any requirement app,oved u pan of w Loco! Facilitiet
Managemenr Plan for Zone 1.
13. Thia proj«t was subject to Chapter 21.95 of ~ Carl>bad Municipal Code (Hillside
Ordinance) and meets all the requirements of tha1 Chapter ro ensw-e the sensitive treaontnt
of the City's hillside resources.
Condjrioo,:
I. Approval is granted for er 90-7, a, shoWII on Exhibit($) 'A" · "K"', dated October 17, 1990,
incotpora1ed by reference and on file ,n the Planning Department. Development shall occur
subs1antially as shown unless otherwise no1ed in these conditions.
2. Toe developer shall provide the City with a reproducible 24' • 36", mylar copy of the
Tentative Map as approved by the Planrung Commission. The Tentative Map shall retl«r
the conditioru of approval by the City. Th• Map copy shall be submitted 10 !he c,,;
Engineer pnor co issuance of building pernuts or improvement plan submittal, whichever
occurs first_
3. This projecl is approved upon the express condition tha1 building perm.its will not be is,ued
for development of the subject property unless the Ci,y Engineer de1ennines that sewer
facilitie> are available at the time of application !or such sewer perm.its and will continue
ro be avail.able unnl time of occupancy. This note shall be placed on the final map.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
H.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28-
29.
30.
31.
32.
33.
This project ia abo approved undtr the upross cortdition that the applicant pay the public
facilities fet adop1td by tht City Council on July 28, 1987 and •• •me .. ~,..'. ~orn time to
time, and any developrnenr fee, established by the Ci,y Council pursuant IO Chapter 2 l.90
of the Carl,bad Muruc1pal Code o, oth., ordinantc adopted to implement a growm
managemem syuem or facilitie, and improvement plan and to lulfil.l the ,ubdivider",
apeemenr to pay the public facilities fee dated March 28, 1990, a copy of wh.ich is on tile
with the Ci,y Clerk and is incorpora1ed by this referonce. If the f<es are not paid tlu,
application will not be consisr,m with the General Plan and approval for this proJecr will
be void.
The applicant shall pay park-in-lieu fees to the City, prior to the approv.tl of th• final map
as required by Chapter 20.44 of the Carl.sbad Municip..J Code.
The applicant shall provide ichool fe,s 10 mitigate col\ditio111 of overcrowdinJ as pan of
building perm.ii application. These lees shall be hued on the fee schedule in effccr at the
ti.me of building perm.ii application.
Water ,hall bf! provided to this project punuat11 to the Water Service agreement between
1111: City ot Carlabad and the Carlsbad Municipal Water District, dated May 25, 1983.
ThiJ proj«t shall comply with ;ill conditions and mitigation meuure, which may be
required as pan of th• Zone I Local Facilities Management Plan and any amendmenu made
to that Plan prior to the issuance of building permiu.
If any condition for coru11'1.1ction of any public imptovements or facilit:its, or tht payment
of any fees in lieu thereof, imposed by this approval or imposed by law on this projecr >re
chalknged this approval shall be suipended as provided in Government Code Semon
65913.S. If any such condition " deterrruned to be invalid this approval ,hall be uwalid
wiles, ,he City Council deterrrunes that the project without th, condirion complies with all
requiremenrs of law.
Appwval of this requeSI shall not excu,e compliance with ;ill ,emons of the Zoning
Ordinance and all other applicable Ci,y ordinances in effecc a1 time of building pernut
issuance euep< as specifi,,d in condition number 38-
Approval of CT 90-7 is grant•d ,ubject ,o the approval of PUD 90·1 I, HDP 90-15. and
V 90•2.
The applicant shall ,srablish • hoMtowntr's association and corre,ponding covenancs,
conditions and resaicaoru. Said CC&R"1 shall be submined to and approved by the
Planning Direcror prior to final map approval.
Trash roceptacle areas shall be enclosed by a siJ<-foot high m .. or,ry wall with gate, pursuanl
ro Ci,y standards. Location of said rtcopracles shall be approved by the Planning D1recror.
Enclosure shall be of sLmJ.lar colon and/or ma1,rials to the projecc to the ,arisfact:1an of the
Planning D1recror.
All roof appunenances, including air conditioners, shall be archill!cruraily integtaltd and
concealed from view and the sound buffered from adjacent properties and >ll<ets, 1n
subsrance as provided in Building Department Policy No. 80-6, ,o the sarufaction of ,he
Directors of Planning and Building.
All visiror parking spaces shall be sniped a different color than the assigned resident parking
spaces and shall be dearly marked as may be approved by the Planning Direcror.
An exterior lighting plan including parking areas sh.ill be submitted for Planning Dirtctor
approval All lighting shall be designed 10 rellec1 downward and avoid any impacts on
adjacent homes or propeny.
Th• applicant shall prepare a detailed landscape and urigatiol\ plan which shall b•
submitted to and approved by the Planning Director prior to the issuance of pading or
building pemut,, whichever occurs first.
All landscaped areu sh.ill b, maintain•d in a he.uthy and thrivinll condinon, free from
w...is, trash, and dtbris.
All land,npe pl.ans shall bo prepared to conform with the Landsc•p• Guidtlin .. Manual and
submitted per the land,cape plan cheek procedur•s on file in th• Planning Department.
I.And,cape pwia sh.ill be designed to minimize wa1er use. Lawn and other zol\e J plams
(lff Landscape Guidelin., Manual) shall be limired 10 areas of speeial visual imponanc, or
ru,h u.se. Mulches shall be used and irngation equipm•nt and design shall promo1e water
con,ervation.
The developer shall avoid r:ttt5 tha1 hav• invasiv• root system>, produce uce.,ive litter
and/or ar• too large relative to the lol si.u.
Prior to final occupancy, a letter from a California licensed landscape architect shall be
submitted 10 th• Planning DireclOr c•rrifying that .ill landscaping has bten ins1alled JS
shown on the approved land1eape plans.
The applicant ,hall pay a landscape plan check and inspection fee as required by Secnon
20.08.050 of the Carlsbad Municipal Code.
The first sot of landscape and irngation plans submin•d shall include oui.iJi.ng plans.
improv,ment plans and pading plans.
All landscape and irrigation plans shall show existing and proposed contours and shall
ma1ch the pading plans in rerms of scale and location of improvements.
The number of tr••• in a resid,ntial projoet shall be equal to or pearer than the number
of residential uruts.
20% of the 11ees in multi-family projects of 5 units or more shall be 24" box or gr•a1er.
/lay )andv•rina utilized weot of the h11iJdin1 •l\all be limited to o,ecia which are low
srowina so as to 11<>t blodi cOUlal ~ thar adjacem prop,ni,,s may rurrendy enjoy.
Arly signs proposed for this dev•lopment shall at a minimum be d.,igned in conformance
w,th the Ciry, Sign Ordinance and shall require reVJew arid approval of th• Planruni
Dirce1or pnor 10 uuta.l.lation of such signs,
Build.ins identificallOn and/or addresses shall be pla<ed on all MW and ewting bwldin1•
so as 10 be plainly visible frarn the s11ce1 or acce,s road; color ot idtnrilic,mon and/ or
addre,ses shall contr.ul 10 wir backpound color.
11,e developer shall display a cwrent Zoning and Land U,e Map in the ,ales office at all
dma, or suit:oble alternative 10 th• ,atisfaction of the Planning Direc1or.
All ,ales maps thar are dilmbuttd or mad• availabl• 10 th• public ,hall include bur no1 be
limited to trails, future and ensting schools, parks, and s11cets.
This project ii being approved as a condominium permir for residential hom,ownership
purposes. lf any ot rhe unm 1n the project are ren1ed, the minimum tune incremem for
such rent.tl shall bf! not le,• Lharl 2~ days, A condition 10 >tilting tha shall be placed in the
CC&R's for the project.
34. !Y parr of th, plans s11bmitted for building penni1 plan check. the applicant shall include
a ttdoced version of the approving resolution/resolutioni on a 24" • 36" blu•lirie drawing.
Said blueline drawing(s) shall also U1dude a copy of any applicablt Coa>1al Dtvtlopmen,
Perm.ii and ,igned approved sue plan,
35. Prior to issuance of a grading or building perrni1, whiehever com•• first. • ,oil., 1eport shall
be prepared and subrrutted to the Ciry of Carlsbad. If the soils repon indica1es th• presence
oi porenna.l fossil bea.nng matenal then a standard rwo phased propam, on file in the
Planning Depamnenr. shall be undenaken to avmd pos,jblo significan1 impacts on
pa!eontological resown~s under the d.lrcction of the Pla.nn.ing Department.
36. Approval is contingent upon oblllining • Couw Development Perm.it from the Coa,tal
Commission tha1 approves deveJopnu,nt tha1 ii in subtlranti.a.l conformance with th• Ci,y
approvu A copy of th,: sigMd, approved Coaital o.v,lopment Pttmil shall be ,ubfll.lned
to 1~ Planning ~ Approval IS also contingent upon obtaining approval from th,
City Couocil for construction of imprm•-••m nf tlu: seawall on the public beach at<'"-
'.r'/. The •ppliciru shall submit lO the City prior to recordarion of tlu: Fin.a.I M.i;p a maintenance
plan for the seawall for W rcvJeW and approva.l of tlu: Planning Dittttor .,,..; Gry Engineer.
38_ All conditions stated in Resolutions 3126, 3128, 3129 and 3130 for the Conditional
Neprive Declaration, PUD 90-11, HOP 90-15, and V 90-2 are incorporated by reference
herein,
39. Grading for tlu: proj«t rite •h.ail only eueed 10,000 cub.it yards per acre, which ii in the
unacceptable rug,, pursuant to the Hillside Development Regulations, it the applicant can
demonstral• to the satisfaction of tlu: Planrting Dittctot and City Engineu through submmal
of • currmu topographic map prq>attd, •~ and ~ by a registered Civil Engineer
or Land Surveyor th.ar the aisling ground ~tio111 lo, tlu: site .m: lower-than what ii
,hown on tht uhibits approved for I.hi, project. This conndeolion has been IP8de by the
Planning O•mmiuion 10 recognize the fact th.al the aisting pound elevations for the
projcet ,ile could be signifiantly d,angcd u a ttSulr of coastal SIOOIII, This would n:qwre
that Iii! din be brought iD lo return the pound lcw:I to that whicll ia ohown on the
approved uhibits. Goding c.alculatiom shall abo be .ubmitted to IIIJIPOrt any ieq11at to
eueed 10,000 eubi.: yards of grading pu KR.
40. -n., project: ohaU eon.tain 2,629 ,q-fttt of ..,..p ,._ within tlu: lll"IICtllR • shown
aa. Ezhibil "G" dated Oclobtr 17, 1990. The IIOrap area shall be mained u IIOrage and.
w eom,mi,d to any otba 111e unlao a Planoad Ullil Developm<!ll: Permit A19f:lldmru1 i&
4'1'10iit!d by tlu: PWIJlins Commission.
ENQJNQRING CONDmONS
41. The developer shall comply with all the niles, regulations and de,i,n requirements of the
respective sewer and wa1er ag,ncies regard.ins servic., to the proJect.
42. The dtveloper shall be re,po.,,.ible for coordination with S.D.G.&E., Pacific Tel•phone, and
Cable TV authoritits.
43. 1his projttt i, approved speeitkally u I (single) phase.
44. Approval of this tentative rract map shall expire twenty.four (24) month, from the date of
planning Commission approval unless a final Dlilp is recorded. An Oltension ma,y be
requested by the applican1. Said ,n,nsion shall be approved or denied a, the discrotion ol
the Planning Commission. In approVlllg an extension, th• Planning Commission may unpose
new condinons and may revise existing conditions pursuam 10 Sec Don 20. I 2.1 IO(a)(2)
Carlsbad Municipal Code.
45, Prior to approval of the fin.tl map the d,v,lop,r shall enler into an agr,,rnenr with 1he Ciry
10 pay any drainage area fee, established as a resul1 of the forthcorrung Master Drainage
Plan U pda1e.
46. The developer ,hall ,nrer in10 an agneemem 10 pay proportional lees for the furure
underpounding of all ex,sting overhead uliu,y liries along the boundary of the subdivision
prior ro Final Map Approval.
47. No pading perm.iu ,hall be issutd for thi, subdivision prior to recordation of the fin.ii map_
48, Based upon a review of th• propo,ed pading and the grading quantirits shown on the
Tentative Map, a grading penrut for this project is required. Prior to issuanee of a build,ng
permit for the proJ«t. the applicant muS< submit and rec<ive approvol for gradin11 plaru in
aecordance with City cod,i and standards. be 1Ssued a grading pernu1 and complete the
pading work. in substantial confonnanee with rhe approved grading plans.
49. The developer shall ob1ain a grading perm.ii prior 10 the commenc,mel\l of any clearing or
pading of th• site.
SO. No pading shall occur outside the limiu of the subdivision unles, a 1Jf•din1 or dope
.. semem is obtained from the 0W11ers of the affected properties. If the developer ii unable
to obtain the grading or slope usemenr, ht must eith,r amend the tentative map or change
~ slope so grading will nol occur ouiside the projecr si1e 1n a manner which substanaally
conforms to !he approved rentative mop u de1ermincd by the City Engineer and Planruna
Direc1or.
51. A ,epara1e grading plan shall bf! submitted and approv•d and a sepuaie gtadin1 permil
iaued for the oorrow or disposal ,ite it k>cated within the ci,y lirruts.
52. Prior to haulins dirt or consll"Ucllon marerials 10 any proposed conJ11'1.1Crion si1e within this
project the developer shall submit to and receive approval from the Ciry Ensifteer for the
~ h.aul rout<. The developer shall comply with all conditio111 and rcquirenu!nu the
City e.rtgineer may impost: with regards IO the hau1in1 operation.
53. Additional drain.a~ <H<ments and drainage s11'1.1crures shall be provided or installed prior
to the issuance of grading or building perm.it as may be required by the City En&ineer.
54. Oc:ean Street ,hall be dedicated by the developer along the project frontage based on a
cel\W" line to right-of-way width of 25 feet (that is an additional five feet of nght-of-way)
and in conformance with City of Carlsbad Standards pnor ro approval of Fl,llal Map.
55, Prior to approvol of any grading or building permits for thi< project, the owner shall give
wntten coruen1 10 the annexation of the area shown w,thin the boundaries of the site plan
into the ,ruting City of Carl>bad S11eet Lighting and Landscaplilg DlStnct No. I. The form
shall b< provided by the Ciry dunng the improvement plancheck process.
56. Plans, specifications, and supporting documents for all improvemen1s shall be prepared to
th• satisfacaon o( the Ciry Engineer. Prior ta approval of the FU1al Map III accordance, .. ,th
City Standard< the Developer shall install, or apee to install and secure with appropnate
,ecunty as provided by law, improvements shown on the Tentative Map and !he foUowing
improvemem:s:
A. Full half scre•t improvemenis ,o Ocean Street alonK the project frontage including
any necessary offsice rraruition.s,
8. A note to this effect shall be placed on an additional map sheer on the final map per
the provisions of Sections 66434.2 and 6644S of the Subdivision Map Ac!.
CT-NO. 90-7
57. lmpmvemenu lis1ed above shall be coNcru<ted within 12 months ol ,uw Map l\j)provai-
58_ The ronstrU<tion of tht: proposed seawall for this projttt iJ eonditionrd co comply with th,:
requirements in the report titled "Design Criteria for Vmical Seawall St Tropez w.,, 2901
Ocean Strtet. Carlsbad, California" dated December 4, 1989 and .u,y amiendmenu thcrc10,
and the letter-from Noble Consullimts dated July 10, 1990, and uy arnendmenlJ thereto_
Thr developer shall irutall and secure wirh appropriate security as provided by law, the
seawall from tht: subjttt property nonh aeroa tbr publi<e beach access 10 th,: northern
properti,,o seawall Thr d,,vdoper m..., lint obtain llll oru:roaduncnl per,nit from the Ciry
and a O:wl•I Permir from the Slate for the ofbil.e seawall prior to 6.n.al map appfC>val The
de,,,eloper muot lhl!n comply with condirio,u for wd cnaoachmeDl: penniL
fire Conditions:
59. Prior to the issuance of building perm.iu, complete building plans shall be submitted 10 and
appro~ by the Fire Department.
60. Additional public and/or onsite fire hydrants sh.ill be provided it deemed necessary by the
Firr Marshal
61. The applicant shall submit rwo (2) copies of a site pl&II showing locatio111 ot exi.srinz and
proposed fire hydrants and onsi1e roads and drives 10 the Fire Manha! for approvol prior
to issuance of a building perm.it.
62. Propo,.d se<:urity gar, sy,r,m< shall bf! providtd with "Knox' key operated override switch,
u speewd by the Fire Departtnent.
63. Fire rewdant roofs shall be required on all scrucrure,.
64. All fire alarm iysrems, fire hydrants, exringui,lhing systems, automatic sprinkler,. and oth.-,
systems perrin•nt to the proJect shall be submitt•d to the Fire Departmtm for apptoval prior
to conscruction.
65. Building exceeding 10,000 sq. fr. aggrega1e floor area shall bt sprinklered.
PASSED, APPROVED, AND ADOPTED ai a regular meeting of th• Plannm1
Conurussion of the Ciry of Carlsbad, California. held on the 17th day of Octobe,. 1990 b,· chc
following vo1e, to wir:
ATTEST:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commi>sioners: Schlehuber. Mateus and Erwin.
Chairperson Schramm and Commissioner McFadden.
Commissioners Hall and Holmes.
None.
SHARON SCHRAMM, Chairper1on
CARLSBAD PLANNING COMMISSION
PLANNJNG COMMISSION RESOLt.mON NO. 3130
A RESOLU710N OF THE PLANNING COMMISSION OF THE Cl1Y
OF CARLSBAD. CALIFORNIA. APPROVlNG A VAR!ANCE TO
ALLOW SETBACKS TO BE REDUCED FROM 10 FEET TO 6 FEET
AND INCREASING BUILDING HEIGHT FROM 25 FEET TO 47 FEET
6 INCHES AND NUMBER OF STORIES FROM 2 TO 4 FOR A 6
UNIT CONDOMINIUM PROJECT GENERALLY LOCATED ON TIJE
SOUTHWEST CORNER OF TIJE INTERSECTION OF OCEAN
STREET AND GRAND AVENUE-
CASE NAME: ST. TROPEZ WEST
CASE NO.; V 90-2
WHEREAS. a verified application for cenain propeny, to wi1:
Loi 1 of Block B of the Hays Land Cornpany Addition in the Ci,y of
Carl.shad, County of San Diego, Srate of California, according ro
map thereof No. 1221, filed in the office of the Coumy Recorder ol
San Diego County. November 4, 1909,
has bf!en filed with th, City of Carl.sbad, and referred 10 the Planrung Col!U!Wsion; and
WHEREAS, said verified application constirutes a reques1 aa provided by Title 21
of the Carl.shad Municipal Codt; and
WHEREAS. the Planning Commi>sion did, on the 17th day of October. 1990. hold
a duly notiecd public hearing as prescribed by law 10 col\Sider said request; and
WHEREAS, at said public hearing, upon h,aring and considering all testimony and
argurnenu, it any, of all person, desiring to be heard, •aid Commission considered all factor,
relating 10 V 90·2.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Col!U!Wsion of the
City of Carlabad u follows:
A) 11iat the above reciutions are IIUe and com,ct_
8) 111.ar oa.sed on the evidence presented at the public hearing, the Commission
APPROVES V 90-2, based on the following findings and subject to the following
conditions:
Findings:
l. Tbrre an, ex,:eptional or emaordinary cin:usnstimca oi condilio111 applicable to th•
property or intended 111e that do not apply ..,.....,.ny to dir odia propel"ty in the same
ricinity and zo~ because the property which ii located on the west me of Ocean Strter
dopes radially toward 1hr beach panly aa a R!IW1 of erooioD caused by wn., action. To
~ the propcny and romply with City ttquiremrnrs such aa parking and street
dediacion as wdl as an ocean setback basrd on a 'string.line' 111dhod of llll!uurrment a,
described iD Policy 7 -12 ot the M•.llo ll LCP, cause, the buildable area of W site to be les,
than that of msring projttt:s. The propolrd project sidey;ud setbacb wilJ vvy fro111 6,
8, and 14 feet or gieater to provide building planes with a great deal of relid. The
propoocd project heig!U: and number of 51ori<S complies with the 2 storia or 25 feel
lllllimum hrighr a, meuured fiom Ocean Screet. The requ .. ted variance ii nec.,sary
because of the ropography of the sire and the need to create the underground parking
gan,gr and a lrvd bwldirlg surface.
2. Such variance is necessary for the p-tioll µd enjoymrru of a substantial property
righl possess«! by other property iD the ,.._ Yidnity and tone beca111e without th•
sldeyud ,.tbac.k and building height vuian.-e the sale of the projcet would h.ave to be
reduced subs1.1nti.ally while numuous variances have previously been granted for
properrirs along Oc:ean Strtel becau.se of the phY5ical and regula1ory r .. trlcrions s1a1ed
previously. The applicant's engir,ee,-has All"Vf!)'ed numerous properties on the west side
of Ocean Strtet which are shown on the sk.etcbn attached lo the staff report th.at h.av•
been stamped and signed by the engineer. This infonu.ation showi that there are
devclopm=ts on the we..t side of Ocean Sllttt that pr=tly exist at heighrs compar;lblr
to Iha! n:questctl for this projcet because of the topography on the wesr side of Ocean
Street. The proposed project density is considerably less th.an th.at of adjacent
developments and will utiliu high qualily sw-bce m.altrials.
3. The granting of such variance will DOI hr mawially dmimcnW to the publi,; welfar• or
injurious to du: propaty or improvemcoh in th,: vicinity and tone in which the propeny
ii located becaUR all ot:ha,r requirements ha.., been llll!I including parking, lo! coverage,
density, required recreational open space, and. provision of an additional five fttt of right-
of-way for Ocean Strtet.
4. The gianling of suc:h vuiance will nor advenely affttt the •~ plan u ii will
provide for the "'"10va.l of llll uisting s:aucrure in need of ttpair having no parking with
a high qualily project that will be an improw:mcnt 10 the"""' and hatt IS omite parking
space.t-Thr pmjttt will hr compatibJ,! wilh 11111"11l!di111.,... iD ocaie and demily, and i&
iD an """' presently scned by all necessary public 11rilitin and savicn.
Conditions~
1. App1<1val is granted for V 90-2. u shown on Eihibi1(s) "A'• "K", dared October 17, 1990,
incorporated by reference and on fil• in the Planning Department. Dcvtlopmen1 shall
occur substatUiall.y as shown un1 ... otherwise 11<>ted in these conditions.
2. Approval of V 90-2 is granted subjtct co the approval of CT 90-7, PUO 90-11, and HOP
90.15.
3. All condiliou stated in Reoolutio111 3126, 3127, 3128, and 3129 for Ille Condirional
Nep!M Dttlaration, er 90-7, PUD 90-11, and HOP 90-15 an, inanponted by mu~
hrmn.
PASSED, APPROVED, AND ADOPTED at a regular meeting ol the Planrun,
Commission of the Ci,y of Carlsbad, California. held ori the 17th day of October, 1990, by th<
foUowing vort, ro wir:
AYES:
NOES:
ABSENT:
ABSTAJN:
Commis,ioners: Schlehuber, Erwin and Morcus.
Chairperson Schramm and Com.missioner McFadden.
Commissioner,: Hall and Holmes.
None.
,,;/J/,,.1:·V?U ,&24~
SHARON SCHRAMM. Chairperson
CARLSBAD PLANNING COMMISSION
TENTATIVE MAP
ST. TROPEZ WEST
CONDOMINIUMS
..
9CA&Jt:
_,l:IT:
TENTATIVE MAP MAJOR SUBDIVISION
PINfN'ING @MMISSIQN 81:SOP!IlON NO. 3121
A R.ESOttJnON Of THE PlANNING COMMISSION Of THE CI1Y OF
CARlSBAll, CALIFORNIA,APPROVlNG A PLANNED DEVELOPMENT
PERMIT TO DEVELOP SIX CONDOMINIUM UNITS AND A SEAWAll
ON PROPER1Y GENERALLY LOCATED ON THE SOUTHWEST
CORNER OF TI!E INTERSEcnON OF OCEAN STR£ET AND GRAND
AVENUE.
CASE NAME, ST, TROPEZ WEST
CASE NO,: Pt.D 90-11
WHEREAS, a v•rified application for certain property lo wit,
Lor I of Block B of the Hays Land Company Addition m rh< City of
Carlsbad, County of San Diego, State of California, according ro map
thereof No. 1221, filed in the office of the Coun,:y Reco,der of San
Diego County, November 4, 1909.
has been filed with the City of Carlsbad and referred 10 the Planning Commission; and
WHERE.AS, said verified application constitutes a reque,i a• provided by Tid• 21 of
rh< Carlsbad Municipal Code; and
wt-lEREAS, the Planning Commission did, on die 17th day of October, I 990. hold
a duly noticed public htaring u preocrib<,d by law 10 consider said reque>1; and
WHEREAS, a, said public heanng, upon hurin1 and considerin1 all testimony and
arguments, ii any, of all persons desiring 10 be heard, said Commis,ion considered all factors
relating 10 the PlaMed Unir Development.
NOW, TI-iEREFOR.E, SE IT HER.EBY RESOLVED by tile PlanninJ Commission as
follows:
A) 11uit tht above recitations are true and eoffttl,
B) Thal bl!Md on the evidence p,esented u th• public hearin1, die Conunw,on APPROVES
PUD 90-11, based on the following finding, and subject to the followinr conditions;
findina,
l.
3.
4.
5,
6.
7.
8.
9,
10.
11.
12.
13,
14.
The project is consistent with the City's General Plan since tile propoaed d•n1ity. of 19
du's/acre is within th• density range of 15-23 du's/acre specified for the sire as mdica«d
on the Land Use Element of tho General Plan, and is at or below the growth control point
of 19.
The me is physically suirable for the ,:ype .md densitY of the development 511\ce the me "
adequate m s~• and ,h.ape to accommodate r,sidential d<velopmen1 at the densi,:y
propo.ed,
The Planning Co!Tllllission has, by inclusion of an appropriate condition to this project.
ensured building permits will not be issued for the project unless the City Engineer
determines that sewer service is available, and building cannot occur wtthin the proj«c
unless sewer service remain> available, and the Planrung Commission is satisfied thac the
requirements of the Public Facilities Element of the General Plan have been mer insofar as
they apply to s,,wer service for this project.
School fees will be paid 10 ensure the availabili,:y of school facilities in th• Carlsbad t.: ru.lied
School District.
Park-in-lieu fees are required u a condition of approval.
All necessary public improvements have been provided or will b<, required as conditions of
approval
The applicanc has agreed and is required by th• inclusion of an approprfate condition 10 pay
a public facilities fee. Performance of that contract and payment of the fee will enable t!u,
body to find that public facilities will be available concurrent with need as required by rh<
General Plan.
Assurance, have bttn given that adequaro sewer for the project will be provided by the City
of Carlsbad.
The propo,ed project is consistent with th• City', Pl.onried Developmel'll Ordinance and also
complies with the Design Guidelines Manual.
The proposed project is compatible with the surrounding fuiur• land we• since sUJTounding
properties are designated for high and medium-high densi,:y residential development on the
General Plan.
Tiw project will not cause any significant envuo11111ental impacu and a Conditional
Negative Declaration has been issued by the Plannini Director on July I 0, 1990 and
Approved by the Planning Commission on October 17, 1990. In approving this Conditional
Negative Declaration the Planning CommaHon has considered the initial. ,tudy, the 1caif
analyiis, all required rnitiganon meuuru and any written comm•mts received re11arding the
aiplicanr effecu this project eowd have on the environment.
11,e ,opplicant is by condition, required to pay any increase in public facility fte, or new
construction Ill, or dev•lopmcm fee,, and has •steed to abide by any additional
requirements enablish•d by • Local facilicin Management Plan prepared pursuant co
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of
public facilities and will mitigate any cumulative impa<u crearod by the project.
nus proJect is consistent with the City', Growth Management Ordina.o•· " it has b•en
conditioned to comply with any requirement approved as part of the Local Faciliou
Management Plan for Zone l.
This project was sllbJ<ct to Chapter 21.95 of the Carlsbad Municipal Code (Hillside
ordinance) and meecs all the reqwremenrs of that Chapter to ensure the sensiove treaononl
of ch• City's hillside resources.
Conditions:
I. Approval is granrod for PUD 90-11. as shown on Exhibn(<) "A" • ··K", dared October 17.
1990, incorporai,d by reference and on file Ill the Plannmg D,panment, Development ,haU
occur substantially as shown unless othefWUe noced in these conditions.
2. Th• developer ,hall providt the City with a reproducible 24" x 36". mylar copy of the Sic,
Plan as approvtd by the Planning Commission. The Site Plan shall reflect th• conditions
of approval by t:he Ciry. The plan copy shall be submitted to t:he Ci,:y Engineer pnor to
issuance of building pennits o, improvement pl.an ,ubmittal, whichever occurs first.
3. This project is approved upon th• •xpross condition th.at building pennit, will not be issued
for development of the subjecr property unless th• Cl,:y Engineer deterrnin•• w, sewer
facilities aie available at t:ho time of applicanan for such s,,wer permits and will connnue
to be available unnl time of occupancy.
4. This project is also approved under ,:he express condition that the applicant pay t:he public
facilities fee adopted by the Ci,:y Council on July 28, 1987 and as amended from time co
time, and any development fees established by the Ci,:y Council pursuant to Chapl<r 21.90
of the Carlsbad Municipal Code or other ordinance adopr<d to implement a growth
manag~ment systtrn or facilities and UT\prov~mtnt plan and co fulfill tht 5ubdivider's
agreement to pay the public facilities fee dated March 28, 1990, a copy of which u on tile
with the C,,:y Clerk and » >ncorporated by this reference. If the fees are not paid ,!us
application will not be consistent with the General Plan and approval tor this proJect will
be void.
5. The applicant shall pay park-in-lieu fees co the Ci,:y, prior to the approval of the final map
as required by Chapter 20.44 of the Carlsbad Municipal Code.
6. The applicant shall provide school fees to mitigate conditio111 of ov•rcrowding as part of
building permit application. Thest fees shall be based on ,:he le• schedule m effect at the
time of building penrut application.
7. Water shall be provided to this project pursuant to the Water Service agr•ement berween
the City of Carlsbad and the Carlsbad Municipal Water District, dated May 25, 1983.
8.
9.
10.
12.
13.
14.
15.
16.
17.
18.
19.
20,
21.
22.
23.
24.
25.
26.
27.
28.
29.
This project shall comply with all conditions and mitigation measures which may be
«quired u part of the Zone I Local Facilities Manage-nr Plan and any amendments made
to that Plan prior to the Issuance of building penniu.
If any eondition for coiu!I\lction of any public u,q,rovements or facilities, or the payment
of any fees m lieu ther,of, imposed by this appro~ or imposed by law on this project are
chall•mged this approval shall be suspended as provided in Govemm•Tir Code Steno"
65913.5. If any such condition is derermined to be mvalid this approval ,hall be mvalid
unless the City Council determines that the project withouc the condinon complies with all
requirements of law.
Approval of this request shall not excus• complianct wi,:h all s•cnons of the Zoning
Ordinance and all other applicable City ordinances in effect at time of building pemut
issuance.
Approval of PUD 90"1 I i.s granted ,.,bjec110 the approval of CT 90-7, HDP 90-15 and
V 90-2.
Ttash receptacle areas shall be endosed by a ,ilt-foot high masonry wall with gates pursua1u
to City standards, Location of said receptacles shall be approved by the Planrung Otrector.
Endosu:re shall be of similar colors and/ or materials to the project to the sacis/acoon of the
Planning Director.
All roof appurtenances, including air conditioners, shall be architecrurally integrated and
concealed from view and the sound buffered from adjacent properties and street,, ln
substance as provided in Building Deparnnem Policy No. 80-6, co the satisfaction of the
Directors of Planning and Building.
All visitor parking space, shall b• striped a different color than the aS&igned resident parking
spaces and shall be clearly marked a, may be approved by the Planrung Direc1or.
An exrerior lighting plan including parking areas shall be submined for Pl.anning Direccor
approval. All tighting shall be designed 10 reffrct downward and av01d any impacts on
adjacem homes or property.
The applicant ,hall prepare a doratled Landscape and trrigation plan which ,haU be
submitted to and approved by the Planning Director prior to the issuance of gradlllg or
building permits, whichever occurs first.
All landscaped ar•as shall be maintained "' a healthy and thriving condition, free from
woods, trash, and debris.
All landscape plan., shall be prepared 10 conform with the Landscape Guidelines Manual and
submitred per the landscape plan check procedure• on tile ln th• Planrung Department.
Landscape plan., shall i,,, desigrted to minimize water use. Lawn and other ion• I planes
(see Landscape Guidelines Manual) shall b<, limited to areas of special wual importance or
high use. Mwches shall be used and inigation equipment and design shall promote water
co~rvation.
n., de~loper shall avoid tnes thar have invas,ve root sy<tems, produce excessive litter
and/or ar• too large rel.ative to the lot size.
Prior 10 final occupancy, a lettu from a California lic•ns•d land.cape architect shall be
submitted to the Plaruung Director cenifying that all landscaping has been uutalled a,
shown on the approved landscape plans.
The applicant shall pay a landscape plan check and inspection fe• as required by Section
20.08.050 of the Carlsbad Municipal Code.
The first set of landscape and irrigation plans submirted shall indud• buildin11 plans.
improvement plans and grading plans.
All landscape and irrigation plans shall show emting .nd proposed contour, and shaU
match the grading plans in terms of ,cale .nd location of improvem,onu.
The number of tr••• in a residential project shall be equal to or greacer than the number
of residential units.
20% of the ttees in multi-family projects of 5 units or more shall b<, 24' box or greater.
Any l■nd11C11P;"I ut:ilwed wat of the t,mlding sb.all be limited to specia whicli att low
growing so as to DO[ block coa,tal view> that adjac!Olll pn,p,t:rtis moy a,,l1elllly atjoy.
Any signs propos,d to, this development •h.all at • minimum be de>1gned in conformance
wit:h the City's Sign Ordinance and ,hall requi.r• re\llew and approval oi ,:he Planrung
Director prio( to iruitallarion of )UCh $lgns.
Building identification and/or addresses ,hall be placed on all new and existing buildings
so as to be plamly \llsible from the street or ace es, road; color of idennfication and/ or
addre,ses shall contrast to tl>cu backgrnund color
30. The d,vdoper shall di.,play a current Zoning and Land Use Map m the ,ales office at all
times, or suitable alternative ro the satisfaction of the Planning Director.
'31. All sale• maps that are distributed or made availablo lo tile public shall includ• but no, be
limited to trails, furuie and ewti.ng schools, park>, and otreeu.
32. nu. project i.s being approved a, a condominiwn permit for residential homeownenhip
purposes. II any of the units in the project are rented. the minimum time mcr•ment for
such rental shall b<, not leso than 26 day,. A condition so otating this shall b• pl.octd in th•
CC&.R's for the projecr.
33. As part of the plans submitr•d for buildin1 penrut plan check, tho applicant shall include
a rod11ced version <>I the approvin1 resolutio,v'resolutiolll on • 24" 1 36" blueline draWU\f.
Said blueline drawing(s) shall also include a copy of any applicable Coastal Development
Permir and ,ign,d approved site plan.
34. Prior to issuance of a grading or building p•rmir. whichever comes fint, a soils r•porr shall
be pnpared and submmed to the City of Carlsbad. If the soils ,eporr indicates ,:he presonce
of potential fossil beanng material then a standard rwo phued program, on tile ,n t:he
Planning Depanmen1, shall be undertaken 10 avoid possible Slgnificant impact> on
p~mological reoource, under the direcnon of the Planrung Department,
JS. Any fencing coNlrU<ted around the spa •lwl "°' be oolid fencinl but •hall be of a type
having openings b,etween the m.■terwS of wb.ir.b du, fence ii consttuc:ted wluch would <WI
comploldy bloclt ~ of the e~ from adja<eQI propertia.
Jt,. T1IE four~ car P"II"" adj11e...i to Oce111 s_, shall be equiped with automatic f""II"
door openen due to the length of du, driveway.. ~ required garage door openers shall
be insralled prior to approval of occupancy for du! strucrure.
37. All condition, stated in ~lutiom 3126, 3127, 3129, and 3130 for the Conditional
Negative Declaration, er 90-7, HDP 90-15, and V 90-2 are mcorpor.■1ed by ref•rence herein.
Enfineering Condition;
38. All conditio111 K1tod in Reoolutia11 No, 3127 for CT 90-7 an uu:orporated by reference
h£tt.in.
fiH CondjtioN;
39. Prior 10 the issuance of building permits, complete building plans shall be submitted to and
approved by the Fire Departmenc.
40. Additional public and/or onsite lire hydrants shall be provided ii deemed necu,ary by the
Fire Marshal.
41. Th• applicant shall submit rwo (2) copies of • site plan showing locations of emting and
proposed lire hydrants and onsite roads and drives to th• Fire Manha! for approval pnor
to issuance of a building pennir.
42. Proposed securitY gate systems shall be provided with "Knox• key operared override switch,
as specified by the Fire Depamnem.
43. Fit• rewdant rQOfs shall be required on all StrUClllres.
4,4. All lire aJ.ar,,,. systems. lire hydrants, extinJui,hing >)"Hems, automatic sprinklers, and other
syste1111 pertinent to the project shall be submitted to the Fire Depanmem for approval priot
to construction.
45. Building e1ceedin1 10,000 sq. fl. aggregate floor uea shall be sprinklered.
PASSED, APPROVED, AND ADOPTED ar a regular meeting of the Pl3nrung
Commission of the City of Carlsbad, California. held on the 17th day of Dccober. l 990. by ,he
following vote, co wit;
AYES:
NOES:
ABSENT·
ABSTl'JN;
Conunissioners: Schlehuber. Erwin and Marcus.
Chairpcison Schramm and Comnumoner McFadden.
Commissioners HaU and Holmes.
~inv/J4~
Sf{ARON SCHRAMM. Chairper,on
CARLSBAD PLANNING COMMISSION
PLANMNG COMMISSION RESOLIJ1]0N NO. 3129
A RESOLUTION OF THE PLANNING COMMISSION OF 11-lE CITY
OF CARLSBAD, CALlFORNlA, APPROVlNG A HILLSIDE
DEVELOPMENT PERMIT FOR A TENTATM TRACT MAP AND
PLANNED UNIT DEVELOPMENT CREATING 6 CONDOMINIUM
UNITS ON PROPERTY GENERALLY LOCATED ON THE
SOUTHWEST CORNER 01' 11-IE INTIRSECTION OF OCEAN
STREET AND GRAND AVENUE.
CASE NAME: ST. TROPEZ WEST
CASE NO : HDP 90· l S
WHERfAS, a verified application for cortaU'\ prop•ny 10 wit:
Loe I of Block B of the Hays Land Company Addinor1 in the.City of
Carlsbad, County o/ San Diego, State of Califorrua, accmding to
map thereof No. 1221, filed ,n the offi« of t:hc County Recorder of
San Diego County, November 4, 1909,
has be•n tiled with ,:he Ci,:y of Carlsbad and i,ferted to the Pl.lMlilg Corrurus5lon; and
WHEREAS, ,aid verified applicatio" consntuteo a request as provid•d by Title 21
of the Carlsbad Municipal Code; and
CT-NO. 90-7
WHEREAS, rhe Planning Commission did on the 17th day of Ocrober, 1990,
consider said request; and
WHEREAS, at said hearing, upon hearing and considering all testimony ani:l
arguments, ii any, o/ all persons desiring to be heard, 1.ud Commission considered all fae1011
relating to the Planning Commission Det•nnination; and
NOW, TI!EREFORE, SE IT HEREBY RESOLVED by the Planning Commission as
follows:
A)
8)
Tiiat the foregoing reciiations are aue and correct.
111at based on the evidence pre,emed al th• public hearinr, die Commission APPROV£S
HOP 90-15, based on the following finding> and subject to the following conditions:
Findings:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
L3.
14.
l 5.
16.
17.
IB.
19.
Hillside """ctiriom haw beai properly identified OIi lhe consminU map/dope analysis and
dope pro~ abibiL
No ~pable areas sud! as slopes o'ler 40 percent have be<:n identified. on the project •
111, drfflopment propooal and ~ applicable doevelopment approvals and permilS are
cmsisttnl with the pwpore, imenl and requir= of the Hillside Development
R,:gutatioos and no modific.atioos to the d<Mftlpment and design standards att ne,:essary.
The finding that no development or ~ will oo:ur in thme portions of the site which
are undcvelopable punuant to the provmoll$ of Zoning Ordinance ,ecllon Secnon
21.53.230(b) can be made as the ,we contains no aru within any of thooe caregones.
As a result of wa~ erosion and emun11 development rh< project sue has been disturbed;
however the project d"5ign minimizes the dimuban<e of the site as mu.-h u feasible by
following the uisting slope of the land.
11,e projttt design subow>rially ronfort1111 lo the intent of ,oncepu illwua1ed in rh<
Hillside Orvelopmmt Guidelines as follows:
A. The building and use.ablo yard aru step down the ,lope.
8. The varied to0flinc and its orientation att in compliance with the guiddi.nes.
C. The building is setback 25 teer from the property line ar the bottom of the ,lope
and the various levels have be<:n s,,d,ad from one another.
The project is consutent with the City', Gener~ Plan since. the proposed i:l•nsitY _of 19
du's/acre is within the density range of 15-23 du s/acre specified for the me as Uld,cat.ed
on the Land Use Element of the General Plan, and is a1 or below the growth control pom1
of 19,
The site is physically suitable for t:he rype and densitY of the development since the site
is adequate in size and shape 10 accommodate residential development ac the densuy
proposed.
The Planning Commis,ion has, by incluston of an appropriate condition to .this project,
ensured building permits will not be issued for t:h• proiect unles, the c,,:y Engmeer
determine, that sewer ,.rvice ii available, and building cannot occur W'lt!un the pioJect
unless sewer service remains available, and the Planrung Commis5lon » satufied that the
requirements of the Public Facilities Element o/ t:h• General Plan hav• been mei Ul>olar
as they apply to oewor 1ervice for this project.
Sd,ool fees will b• paid to ensurn the availability of school facilities in the Carlsbad
Unified School District.
Park-in-lieu fees are required as a condition of approval.
All necessary public imp,ovements have been provided or will be required as conditions
of approval
The applicant has agre•d and is required by the inclusion of an appropriate condtoon co
pay a public faeilities fee, Performance of tha1 contract and payment of the fee will enable
this body 10 find thar public facilio,s will be available concWTent with need as requirod
by the General Plan,
The proposod pro1ect is consistent with th• City's Planned Development Ordinance and
also complies wi,:h the Design Guidelines Manual.
The proposed project » compaable with the surrounding future land usu 1uice
surrounding properties are designa«d for High and Mediwn•High Density Restdenaal
development on the General Plan.
Tius project will not cause any s.ignificant enVU-onmeritaJ impacts and a Con<lirion,1l
Neganve Declaranon has been 1uued by t:he PlariniJtg Duector on July 10. 1990 and
Apprnved by ,he Planning ComtlUS>lOn on October 17, 1990. In approvu,g ,lu,
Cmd.i.tiona.l N~gative D~claranon the l'lanrung Com..m.i.s~1on has com1dr.red the 1n.Hl.11
study, the sra.ff_ analysis_, all Jequued m.i.riganon measures and any wnrten corrunen1:.
received rega.rdmg the !iignilicant effects t..hu proje<'t could have an [he envuorunent.
The applicant is by condition, required co pay any inciease Ill public lacili,:y fee. or new
construction tax, or development fee,, and ha, agreed to abide by any additional
requirements established by a Lota.I Fncilir.i~s Management Plan prepared pUOJJ_a~-H w_
Chapier 21.90 of t:he Cailsbad Murucipal Code. '11tis will ensUie connnued aviillabiliry ot
public facilities and will mitigate any cumulative unpacts created by the proJect.
1b.is project 1.5 consistent wich tht Cicy's. Growth Managt:mt:nc Ordinance as it hai been
conditioned to comply with any requtrement approved as pa.rt of the Local facilines
Management Plan for lone I.
This pIOJect was subj.cl to Chapter 2 l.95 of the Carlsbad Murucipal Code (Hilhld•
Ordmance) and meets all ,:he requtrements ol t:hac Chapter co ensure the sensmce
rn:acment of the: City's nillsidc rcsowces.
Condirioru:
2.
3.
Approval is granted for HOP 90-15, as shown on Exhibit(>) "A" • "I(", dated October 17.
1990, 1J1corporated by rel,ience and on file U1 the Plail.llffig DeparonenL D,v<iopment
shall occur subnanrially •• shown unJ,., otherwue noted 1J1 these cond1nons.
Approval of HOP 90-1 S is granted 1ubject to t:he approval o/ CT 90-7, PU D 90-1 l. and
V 90-2.
All cooditions llllted in Resolutions 3126, 3127, 3128, and 3130 for the Conditional
Negative Declaration, CT 90-7, PUD 90-11, and V 90-2 are mcorporatrd by ~erence
~
PLANNING COMMISS!ON Rf.SOWUON NQ, J126
A RESOLUTION OF TIIE PlANNING COMMISSION Of TI-IE CI1Y
OF CARLSBAD, CALIFORNIA APPROVING A CONDITIONAL
NEGATIVE DECLARATION FOR A TENTATIVE TRACT MAP,
PLANNED UNIT DEVELOPMENT, HILLSIDE DEVELOPMENT
PERMIT AND VARIANCES TO CONSTRIJCT SIX CONDOMINIUM
i.;NITS hND A SEAWALL ON 11-lE SOUTHWEST CORNER OF THE
INTER5EcnON OF OCEAN STREET AND GRAND AVENUE.
CASE NAME: ST. TROPEZ WEST
CASE NO, CT 90·?tPVP 90•lJ/tlPP 90-JStY 90-2
WHEREAS, the Planning Commission did on t:he 17th day o/ October. 1990. hold
a duly noticed public hearing ., prescnbed by law ro consider said requu1, and
WHEREAS, al said pub Uc hearing. upon hearing and considering all testimony and
arguments, examining t:h• initial ,rudy, analyzing the information submitted by staff, and
considering any writren commenlS rec,ived, the Planning Commission considered all factors
r,lating 10 the Conditional Negative Declaration.
NOW, TI!EREFORE, BE IT HERESY RESOLVED by the Plaruung Commission as
follows:
A)
S)
That the foregoing recitations ace true and correct.
That based on the evidence presented at the public hearing, th• Planning C,o~mon
hereby APPROVES the Conditional Negative Declaration according to Exlubic ND , date~
July 10, 1990, and "PII", dared July 3, 1990, atrached hereto and made a part hereor.
based on th• following findings and conditions;
Findina:
I.
2.
3.
4.
The initial study shows that the proposed p«>jeet could have a significant ilnpact: on the
a,wonment; howev,et, there will not be • signi6canl impact m t1m case ~w• the
mitiplion aiea,ut<!S described m the inirial ,tudy ha~ been added to the ptOJttL
Th• site has be•n previously distusbed by m,ting ~menr and iaapacted by hwnan
aidMties-
The streets are adequate in sne 10 handk traffic generated by the proposed proj,ct.
There are no sensitive resourees located oll$ile or located so u to be signifi~antly_ impacted
by this project provided that lllitipti,,g condilio• of appronl are comp~ wilh.
Conditions:
11li■ project if appro<ml is subjttt to ~ conditions contained in Planning Commission
t. ~n Nos. 3127, 3128, 3129, and 3130 pllll compliance with the following
awiprion condition:
Prior to issuanl:e of a grading or building permit. which,n,er comes_ lint, a ooils •~port shall
be prepared and submined to the City of Carlsbad. If the soils repon llldicates the
presence of potential fossil bearing matenal then a standard rwo phased program. on file
;,, the Planning Department, shall be undertilin to avoid possible Stgnificam unpacts on
p.aleontological resources under the direction of tl>• Plamung Department.
PASSED, APPROVED, AND ADOPTED at a regular meenng of the Pla1UW1g Comnumon
of t:he Ciry of Carlsbad, Califorrua, held on the 17th day of October, 1990, by the followmg ·. cco.
town:
AYES: Commissicner,: Schlehuber, Erwin and Marcus.
NOES: Chairperson Schumm and Commi»ione, McFadden.
ABSENT: Commissioners Hall and Holmes.
ABSTAIN; None.
oha,u,-,u iJUJ.1a wt;;::;
SHARON SCHAAMM.'Chauperson
CARLSBAD PLANNING COMMISSION
/. Mli1wi<EL Jl.!'~OLZMILLER /
/• 1i>u.NNING DIR.ECTOR
TENTATIVE MA.P
11" . •
I ci Ee ,=,:o~: -1
ST. TROPEZ WEST
CONDOMINIUMS
■M•N SMITH •IG•
SCM..!::
•
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