HomeMy WebLinkAbout1986-07-15; City Council; Resolution 8691RESOLUTION NO. 8691
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA GRANTING THE APPEAL FROM THE
PLANNING COMMISSION'S DENIAL AND APPROVING A SITE DEVELOPMENT PLAN TO REMODEL AN EXISTING DUPLEX IN
THE BEACH OVERLAY ZONE
APPLICANT: BRODINE
CASE NO: SDP 85-17/V-373.
WHEREAS, a verified application for a variance for
certain property to wit:
Lots 11 and 12 of Block A of Hayes Land Company Addition Map No. 2, Map 1221 on file with the County of San Diego
has been filed with the City of Carlsbad, and referred to the
Planning Commission; and
WHEREAS, said verified application constitutes a requesi
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission at their meeting of
May 28, 1986 held a duly noticed public hearing as required by
law to consider said request: and
WHEREAS, the Planning Comission did on said day of said
public hearing deny the request for an variance; and
WHEREAS, the applicant appealed the decision of the
Planning Commission to the City Council; and
WHEREAS, on July 1, 1986 the City Council of the City 01
Carlsbad held a duly notice public hearing as proscribed by law
to consider said appeal and at said hearing after consideration
of all of the evidence, testimony, and argument of those persons
present and desiring to he heard the City Council determined to
grant the appeal and approve the variance V-373; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad as follows:
3
2
'1 8.
4
20
21
22
23
24
25
26
27
28
1. That the above recitations are true and correct.
2. That based on the evidence presented at the public
hearing the City Council grants the applicant's appeal and
approves Site Development Plan SDP 85-17 as shown on Exhibit A,
attached hereto and made a part hereof, based on the following
findings and conditions:
Findings:
The project is consistent with the City's General Plan sinct
the existing density of 12.5 du's/acre is slightly below tht
density range of 15-23 du's/acre specified for the site as
indicated on the Land Use Element of the General Plan. In
addition the project is an existing previously approved use,
The site is physically suitable for the type and density of the development since the site is adequate in size and shapc
to accommodate residential development at the density pro-
posed.
The project is consistent with all City public facility pol-
icies and ordinances since:
a)
b
C
The Planning Commission 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 within the project
unless sewer service remains available, and the Plannin!
Commission is satisfied that the requirements of the
Public Facilities Element of the General Plan have been
met insofar as they apply to sewer service for this
project.
All necessary public improvements have been provided or
will be required as conditions of approval.
The applicant has agreed and is required by the
inclusion of an appropriate condition to pay a public
facilities fee. Performance of that contract and
payment of the fee will enable this body to find that
public facilities will be available concurrent with nee(
as required by the General Plan.
This project has been determined to be categorically exempt
under the California Environental Quality Act.
The applicant is by condition, required to pay any increase
in public facility fee, or new construction tax, or
development fees, and has agreed to abide by any additional
-2-
requirements established by a development management or
public facility program ultimately adopted by the City of
Carlsbad. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created
by the project.
Conditions:
1) Approval is granted for SDP 85-17, as shown on Exhibits "A" - 11 E 11 , dated November 26, 1985, incorporated by reference an(
on file in the Planning Department. Development shall occui
substantially as shown unless otherwise noted in these
conditions.
2 This project is also approved under the express condition
that the applicant pay the additional public facilities fee
adopted by the City Council on April 22, 1986 and any
development fees established by the City Council pursuant tc Ordinance No. 9791 or subsequent ordinance adopted to implement a growth or development management system or public facilities phasing plan and to fulfill the
subdivider's agreement to pay the public facilities fee
dated November 19 , 1985 a copy of which is on file
with the City Clerk and is incorporated by this reference.
If the fees are not paid this application will not be
consistent with the General Plan and approval for this
project shall be void.
3) Approval of this request shall not excuse compliance with
all sections of the Zoning Ordinance and all other
applicable City ordinances in effect at time of building
permit issuance.
Planning Conditions:
Approval of SDP 85-17 is granted subject to approval of
Variance No. 373.
Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other
applicable City ordinances in effect at time of building
permit issuance.
This approval shall become null and void if building permit: are not issued for this project within one year from the
date of project approval.
All roof appurtenances, including air conditioners, shall b<
architecturally integrated and concealed from view and the
sound buffered from adjacent properties and streets,
pursuant to Building Department Policy No. 80-6, to the
satisfaction of the Directors of Planning and Building.
Building identification and/or addresses shall be placed on
all new and existing buildings so as to be plainly visible
-3-
3
2
z
4
K U
E
7
E
9
11
19
20
21
22
23
24
25
26
27
28
from the street or access road; color of identification
and/or addresses shall contrast to their background color.
9) If any condition for construction of any public improvement or facilities, or the payment of any fees in lieu thereof,
imposed by this approval or imposed by law on this project are challenged, this approval shall be suspended as provide1
in Government Code Section 65913.5. If any such condition
is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without
the condition complies with all requirements of law.
10) Before obtaining a final map or building permit, whichever
occurs first, the applicant shall: a) agree to pay any increase in the public facilities fee or additional tax on new construction and/or new development fees established by
the City Council prior to July 20, 1986; b) agree to abide
by any additional requirements established by the development management system or phasing plans which may be ultimately adopted by the City of Carlsbad. This condition
complies with City Council Ordinance No. 9791.
Engineering Conditions:
11) This project is approved upon the express condition that
building permits will not be issued for development of the
subject property unless the City Engineer determines that sewer capacity is available at the time of application for
such permits and will continue to be available until time o
occupancy.
12) The developer shall obtain a grading permit prior to the
comm.encement of any clearing or grading of the site.
13) No grading shall occur outside the limits of the project
unless a letter of permission is obtained from the owners 0: the affected properties.
14) Prior to hauling dirt or construction materials to any
proposed construction site within this project the develope:
shall submit to and receive approval from the City Engineer
for the proposed haul route. The developer shall comply
with all conditions and requirements the City Engineer may
impose with regards to the hauling operation.
15) Additional drainage easem-ents and drainage structures shall
be provided or installed as may be required by the County
Department of Sanitation and Flood Control or the City Engi.
neer.
16) The developer shall make an offer of dedication to the City
for all public streets and easements required by these
conditions or shown on the site development plan. The offe:
shall be made by a Certificate on the Final Map for this
project. All land so offered shall be granted to the City
-4-
1
2
3
4
5
6
7
8
9
10
11
12
rd E 18
19
20
21
22
23
24
25
26
27
28
0
free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not
required to be rededicated.
Ocean Street shall be dedicated by the developer along the
subdivision frontage based on a centerline to right-of-way
width of 25 feet and in conformance with City of Carlsbad
Standards prior to occupancy of any buildings.
The developer shall obtain the City Engineer's approval of
the project improvement plans and enter into a secured
agreement with the City for completion of said improvements
prior to issuance of any building permit within this
project. The improvements shall be constructed and accepte
for maintenance by the City Council prior to issuance of a Certificate of Occupancy for any unit within the project.
The improvements are:
Ocean Street frontage improvements including but not limite to:
a) A. C. paving/overlay
b) Curb, gutter, and sidewalk c) A. C. berm transitions
d) Drainage improvements as reuuired
e) Relocation of utilities as required by each agency.
Unless a standard variance has been issued, no variance fro
City Standards is authorized by virtue of approval of this site plan, except for a 50 foot width of Ocean Street.
The developer shall comply with all the rules, regulations
and design requirements of the respective sewer and water
agencies regarding services to the project.
All plans, specifications, and supporting documents for the
improvements of this project shall be signed and sealed by
the Engineer in responsible charge of the work. Each sheet
shall be signed and sealed, except that bound documents may be signed and sealed on their first page. Additionally, th first sheet of each set of plans shall have the following
certificate:
"DECLARATION OF RESPONSIBLE CHARGE"
I hereby declare that I am the Engineer of Work for this
project, that I have exercised responsible charge over the design of the project as defined in Section 6703 of the Business and Professions Code, and that the design is
consistent with current standards.
I understand that the check of project drawings and specifications by the City of Carlsbad is confined to a
review only and does not relieve me, as Engineer of Work, o
my responsibilities for project design.
-5-
t 18 0
19
20
21
22
23
24
25
26
27
28
( Name
Firm:
Address and Telephone of Engineering firm)
Address:
City, St.:
Telephone:
BY Date: (Name of Engineer)
R.C.E. NO. #
3. That based on the evidence presented at the public
hearing the City Council grants the applicant's appeal and
approves Variance V-373 as shown on Exhibit A, attached hereto
and made a part hereof, based on the following findings and
conditions:
Findinas:
That there are exceptional or extraordinary circumstances 01
conditions applicable to the property or to the intended USC
that do not apply generally to the other property or class
of use in the same vicinity and zone, because the project's location on a coastal bluff limits the developability of tht
site.
That such variance is necessary for the preservation and
enjoyment of a substantial property right possessed by othei
property in the same vicinity and zone but which is denied
to the property in question, since many similar variance
requests have been granted along Ocean Street.
That the granting of such variance will not be materially
detrimental to the public welfare or injurious to the
property or improvements in such vicinity and zone in which
the property is located, since the proposed variance will allow for the improvement of an existing building.
That the granting of such variance will not adversely affect
the comprehensive General Plan, since the proposed project
will improve an existing situation.
The project is consistent with all City public facility pol- icies and ordinances since:
-6-
19
20
21
22
23
24
25
26
27
28
The Planning Commission 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 within the project unless sewer service remains available, and the Planning
Commission is satisfied that the requirements of the
Public Facilities Element of the General Plan have been
met insofar as they apply to sewer service for this
project.
All necessary public improvements have been provided or
will be required as conditions of approval.
The applicant has agreed and is required by the
inclusion of an appropriate condition to pay a public
facilities fee. Performance of that contract and
payment of the fee will enable this body to find that
public facilities will be available concurrent with need
as required by the General Plan.
Assurances have been given that adeuuate sewer for the
project will be provided by the City of Carlsbad.
6) This project has been determined to be categorically exempt
under the California Enviromental Quality Act.
Conditions:
1)
2)
3)
...
0.. ... ...
*.*
Approval is granted for V-373, as shown on Ehxibits "A" -
"E", dated November 26, 1985 incorporated by reference and
on file in the Planning Department. Development shall occur
substantially as shown unless otherwise noted in these
conditions.
This variance is subject to the approval of SDP 85-17.
This project is approved upon the express condition that thc
applicant shall pay a public facilities fee as required by
City Council Policy No. 17, dated April 2, 1982, on file
with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant fo~ payment of said fee, a copy of that agreement, dated November 22, 1985, is on file with the City Clerk and
-7-
incorporated herein by reference.
as promised, this application will not be consistent with
the General Plan and approval for this project shall be
void.
If said fee is not paid
PASSED, APPROVED AND ADOPTED at a regular meeting of thl
City Council of the City of Carlsbad, California, held on
the 15th day of July , 1986, by the following vote, to wit:
AYES:
NOES : Council Member Kulchin
ABSENT: None
Council Members Casler, Lewis, Chick and Pettine
SLER, Mayor
ATTEST:
rk
-8-
@ VICINITY MRP EYHIBIT "A"
'.
VR VILLAGE REDEVELOPMENT
BRODINE
kc:) RESIDENTIAL MEDIUM HlQH 8 -15 dulac (0s) Os OPEN SPACE 1
v-373
SDP. 85-17
(RH) RESJDENTIAL HlQH 15-23 du/ac TS TRAVEL SERVICES r