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Home My WebLink About1986-03-04; City Council; 8526-1; SDP 84-08A FOR A 100 UNIT APARTMENT PROJECT ON THE SOUTHWEST CORNER OF XANA WAY AND CORINTIA STREET: SDP 84-08A - BREHM*' LD co 4 m L co d e M 2 tQ d -d U a, 3 a, -6, u 0 a a, 5 .d G u g c) VJ 2 q_( 0 N a, U u a E a, 0 w > 0 ac I n, 0 < JZ H ul 00 -3 I m .. z 0 F 0 a 4 - 0 z 3 0 0 CI~OF CARLSBAD - AGEN~BILL AB# 8526-1 TITLE: - SITE DEVELOPMENT PLAN SDP 84-8(A) DEI MTG. 3/4/86 FOR A 100 UNIT APARTMENT PROJECT ON CIT DEPT. CA THE SOUTHWEST CORNER OF XANA WAY AND CIT CORINTIA STREET: SDP 84-8(A) - BREHM RECOMMENDED ACTION: If the City Council concurs your action is to adopt Resoluti No. /?*c approvinq 3DP 84-8(A), ITEM EXPLANATION The City Council at your meeting of February 18, 1986 direct office to prepare documents approving the above referenced a project. Attached is Resolution No. (&4, which woul that as recommended by the Planning Commission. Council also directed staff to report on a further evaluatio developer's claim to an exemption from the interim growth ma program. The ordinance imposing the temporary land use cont would allow an apartment project to proceed provided it was previously approved final map and had secured all necessary discretionary approvals prior to the adoption of the ordinan After a review of the file we have concluded that the origin development plan for this project was approved by the Planni Commission on September 12, 1984 and expired one year later. developer in this case is not in a position to pull building and build the previously approved project. Whether or not tl project might be considered "developing" is irrelevant. The ordinance is clear that building permits may not issue for p approved after the effective date of the interim ordinance. EXHIBIT Resolution No. fl&d / FOR A 100 UNIT APARTMENT PROJECT ON cl~y THE SOUTHWEST CORNER OF XANA WAY AND cl~y CORINTIA STREET: SDP 84-8(A) - BREHM RECOMMENDED ACTION: EXt If the City Council concurs your action is to adopt Resolutioi No. f.sdzd approving SDP 84-8(A) ITEM EXPLANATION The City Council at your meeting of February 18, 1986 directe office to prepare documents approving the above referenced ap project. Attached is Resolution No. [eL which would that as recommended by the Planning Commission. Council also directed staff to report on a further evaluation developer's claim to an exemption from the interim growth man program. The ordinance imposing the temporary land use contr would allow an apartment project to proceed provided it was E previously approved final map and had secured all necessary discretionary approvals prior to the adoption of the ordinanc After a review of the file we have concluded that the origin? development plan for this project was approved by the Plannir Commission on September 12, 1984 and expired one year later. developer in this case is not in a position to pull building and build the previously approved project. Whether or not tl project might be considered "developing" is irrelevant. The ordinance is clear that building permits may not issue for pl approved after the effective date of the interim ordinance. I I I 1 2 3 4 5 6 7 8 9 10 11 12 13 0 a m am q -,a uUa m 14 gqz zowg 15 QE2.- mGz< ,*io 5%8$ 16 oa2m 17 aa 181; LI zg 2 >o c u i .m c)p RESOLUTION NO. 8426 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS A SITE DEVELOPMENT PLAN 84-8(A) FOR A 100 WIT APARTMENT PROJECT AT THE SOUTHWEST CORNER OF XANA-WAY AND CORINTIA STREET. CASE NO: SDP 84-8(A) WHEREAS on January 22, 1986, the Carlsbad Plann Commission adopted Resolution No. 2533 approving SDP 84- WHEREAS, the City Council of the City of Carlsb APPLICANT: BREHM February 18, 1986 held a public hearing to consider the recommendations and heard all persons interested in or o Site Development Plan No. 84-8(A); and WHEREAS, the Planning Director and the Planning Commission have determined that this project has alread considered in conjunction with a previously certified environmental document and, therefore, has issued a Notic Prior Environmental Compliance, dated January 11, 1986 ir satisfaction of the requirements of the City of Carlsbad Environmental Protection Ordinance of 1980 and the Califc 20 21 22 23 24 25 i 26 27 28 1 i w NOW, THEREFORE, BE IT RESOLVED by the City Counc the City of Carlsbad, California as follows: A. That the above recitations are true and cor1 B. That the findings of the Planning Commissior Resolution No. 2533 constitute the findings of the City ( in this matter with the addition of the following findin5 “9. The applicant is by condition, requirec any increase in public facility fee, or new construction development fees, and has agreed to abide by any additior V I 1 2 3 4 5 6 7 8 9 10 11 12 ; 3 13 52 % 0~s 14 gLJz zoza $$:$ 151 LL *LO Z&$ 16 oazm zo '5 Y 5 17 >u 18 n 4 k 0 requirements established by a development management or F facility program ultimately adopted by the City of Carlsb This will ensure continued availability of pubic faclliti will mitigate any cumulative impacts created by the proje That Site Development Plan NO, 84-8(&) toget the provisions for its design and improvement and subject conditions of this resolution, is consistent with all app general and specific plans of the City of Carlsbad. c. D. That Site Development Plan No. 84-8(A) is he approved subject to all applicable requirements of the Ca Munic.ipal Code and to the satisfaction of the conditions contained in Planning Commission Resolution No. 2533, dat January 25, 1984 marked Exhibit A, attached hereto and mac part hereof, with the addition of the following condition "56. Before obtaining a final map or buildii permit, whichever occurs first, the applicant shall: a) ac pay any increase in the public facilities fee or addition, on new construction and/or new development fees establisht the City Council prior to July 20, 1986: and b) agree to l any additional requirements established by the developmeni management system or phasinq plans which may be ultimate11 adopted by the City of Carlsbad. This condition complies City Councnil Ordinance No. 9791 -" PASSED, APPROVED AND ADOPTED at a regular meetins i; 21 22 23 24 vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and NOES: None ABSENT: k~ne I 26 27 28 MARY H. CMLER, Mayor LJ ATTEST : I ALW.> d4mKRAe*-k I? 1 1 :. 5$ - A,@- --- I) -. March 4, 1986 Ms. Aletha Rautenkranz City Clerk CITY OF CARLSBAD 1200 Elm Street Carlsbad, CA 92008 RE: CITY COUNCIL MEETING AGENDA ITEM #8526 - SUPPLEMENT #1 FILE NO. SDP84-8A Dear Ms. Rautenkranz: As of today, we obtained important information from Mr. Michael Holzmiller, Planning Director of the City of Carlsbad. Because we believe it is important for us to analyze this information, we request a continuance on the above referenced item of one week to March 11, 1986. Very truly yours, BREHM COMMUNITIES -7 ./’ ,A filliam H. Hoover WHH: ss ~ rn 1 2 3 4 5 6 7 a 9 10 11 12 $ % 13 Ed o 7a OWa 8 14 du3z P+~LL 15 mGz< u *-lo +&W - $282 16 oE2m zo ’5 2 5 17 18 19 20 21 D a qgg >o t 0 22 23 24 25 26 27 28 m RESOLUTION NO. 8426 A RESOLUTION OF THE CITY COUNCIL OF THE; CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS A SITE DEVELOPMENT PLAN 84-8(A) FOR A 100 UNIT APARTMENT PROJECT AT THE SOUTHWEST CORNER OF XANA WAY AND CORINTIA STREET. APPLICANT: BREHM CASE NO: SDP 84-8(A) WHEREAS on January 22, 1986, the Carlsbad Plann Commission adopted Resolution No. 2533 approving SDP 84-1 WHEREAS, the City Council of the City of Carlsb, February 18, 1986 held a public hearing to consider the recommendations and heard all persons interested in or 01 Site Development Plan No. 84-8(A); and i WHEREAS, the Planning Director and the Planning has alread; Commission have determined that this project considered in conjunction with a previously certified environmental document and, therefore I has issued a Noti1 Prior Environmental Compliance, dated January 11, 1986 ii satisfaction of the requirements of the City of Carlsbad I Environmental Protection Ordinance of 1980 and the Calif( ~ Environmental Quality Act, i NOW, THEREFORE, BE IT RESOLVED by the City Counc the City of Carlsbad, California as follows: A. That the above recitations are true and cor1 B. That the findings of the Planning Commissiol Resolution No. 2533 constitute the findings of the City I in this matter with the addition of the following findin! “9. The applicant is by condition, require( any increase in public facility fee, or new construction development fees, and has agreed to abide by any additioi I/ - t 1 2 3 4 5 6 7 8 9 lo 11 12 m m 13 58 5% % 6vu6 14 Dgzg 5~2: 15 ;=ra 0 6 ,>dV 0 m requirements established by a development management or pu facility program ultimately adopted by the City of Carlsba This will ensure continued availability of pubic facilitie will mitigate any cumulative impacts created by the projec C. That Site Development Plan No. 84-8(A) togett the provisions for its design and improvement and subject conditions of this resolution, is consistent with all appl general and specific plans of the City of Carlsbad. D. That Site Development Plan No. 84-8(A) is he approved subject to all applicable requirements of the Ca Municipal Code and to the satisfaction of the conditions contained in Planning Commission Resolution No, 2533, datl January 25, 1984 marked Exhibit A, attached hereto and ma part hereof, with the addition of the following condition "56. Before obtaining a final map or buildi permit, whichever occurs first, the applicant shall: a) a pay any increase in the public facilities fee or addition on new construction and/or new development fees establish the City Council prior to July 20, 1986: and b) agree to any additional requirements established by the developmen management system or phasinq plans which may be ultimate1 g&i 161 go u3 '5 z 17 0 z 0 18 adopted by the City of Carlsbad. This condition complies City Councnil Ordinance No. 9791." 21 22 23 24 the 18th day of March , 1986, by the fc vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick av NOES: None ABSENT: None 1' 26 27 28 I,_ e?/&L+- MARY H. CWLER, Mayor cl ATTEST: i I 1 p! Q- ~ ALETHA L. RAUTENKRANZ, City Cle k I