HomeMy WebLinkAbout1986-07-15; City Council; 8684-1; APPROVAL OF APPEAL OF PLANNING COMMISSION DENIAL OF AN ADDITION TO A DUPLEX AT 2643 OCEAN STREET (SDP 85-17|V 373)a Lil
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CITUIF CARISBAD - AGEND~ILL
DEPl AB# 8684-31 TITLEPPPROV4L OF APPEAL OF PLANNIP.-1G
MTGB/l5/ 86 CO~~IIISSIOY D~IAL OF AN ADDITICVJ CITY
CITY DEPT.A TO -4 DUPLEX AT 2643 OCEAX STFEET
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RECOMMENDED ACTION: SDP 85-17/V-373
If Council concurs your action is to approve Resolution No. j3i
qrantina the appeal and approvinq SDP 85-17/V-373.
ITEM EXPLAF AT I ON
The City Council at your meeting of July 1, 1986 directed the (
Attorney to prepare documents grantinq the appeal and approvinc
SDP 85-17/V-373. The attached resolution contains f indinqs an(
conditions of approval as recommended by the Plannina Departme]
The City Council should satisfy itself that the findinqs and
conditions accurately reflect your intentions in the matter, t they state facts found by you to be true, and that they adecrua
explain your reasons for grantinq the appeal and approvinq
SDP 85-17/V-373.
EXHIBIT
Resolution No. F6 9 / , approving the appeal.
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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 Cou
San Diego
has been filed with the City of Carlsbad, and referred to
Planning Commission; and
WHEREAS, said verified application constitutes a
as provided by Title 21 of the Carlsbad Municipal Code; an
WHEREAS, the Planning Commission at their meeting
May 28, 1986 held a duly noticed public hearing as requirc
law to consider said request: and
WHEREAS, the Planning Comission did on said day (
I public hearing deny the reauest for an variance; and
WHEREAS, the applicant appealed the decision of j I
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Planning Commission to the City Council; and
WHEREAS, on July 1, 1986 the City Council of the I I
Carlsbad held a duly notice public hearing as proscribed
to consider said appeal and at said hearing after conside
of all of the evidence, testimony, and argument of those
1 present and desiring to be heard the City Council determi
11 1 grant the appeal and approve the variance V-373; and
NOW, THEREFORE, BE IT RESOLVED by the City Counc
the City of Carlsbad as follows: i I
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1. That the above recitations are true and corre
2. That based on the evidence presented at the F
hearing the City Council grants the applicant’s appeal and
approves Site Development Plan SDP 85-17 as shown on Exhib
attached hereto and made a part hereof, based on the follc
findings and conditions:
Findings:
1) The project is consistent with the City’s General P12
the existing density of 12.5 du’s/acre is slightly be
density range of 15-23 du’s/acre specified for the si indicated on the Land Use Element of the General Plar
addition the project is an existing previously appro\
2) The site is physically suitable for the type and dens
the development since the site is adequate in size ar
to accommodate residential development at the density
posed.
3) The project is consistent with all City public facili
icies and ordinances since:
a) The Planning Commission has, by inclusion of an
appropriate condition to this project, ensured bl
permits will not be issued for the project unles:
City Engineer determines that sewer service is
available, and building cannot occur within the E unless sewer service remains available, and the E
Commission is satisfied that the requirements of
Public Facilities Element of the General Plan ha7 met insofar as they apply to sewer service for tk
project . 1 I
~ I b) All necessary public improvements have been prov: ’ will be required as conditions of approval.
c) The applicant has agreed and is required by the
inclusion of an appropriate condition to pay a pi
facilities fee. Performance of that contract an(
payment of the fee will enable this body to find
public facilities will be available concurrent w
as required by the General Plan.
4) This project has been determined to be categorically
~ under the California Environental Quality Act.
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requirements established by a development manaqement
public facility program ultimately adopted by the Cit
Carlsbad. This will ensure continued availability of
facilities and will mitigate any cumulative impacts c
by the project.
Conditions:
1) Approval is granted for SDP 85-17, as shown on Exhibj , dated November 26, 1985, incorporated by refere
on file in the Planning Department. Development shal
substantially as shown unless otherwise noted in the: conditions.
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2) This project is also approved under the express condi that the applicant pay the additional public faciliti
adopted by the City Council on April 22, 1986 and an]
development fees established by the City Council pur:
Ordinance No. 9791 or subsequent ordinance adopted tc
implement a growth or development management system (
public facilities phasing plan and to fulfill the
subdivider's aqreement to pay the public facilities
with the City Clerk and is incorporated by this refei
If the fees are not paid this application will not bc
consistent with the General Plan and approval for th.
project shall be void.
dated November 19 , 1985 a copy of which is 01
3) Approval of this reuuest shall not excuse compliance
all sections of the Zoning Ordinance and all other
applicable City ordinances in effect at time of builc
permit issuance.
Planning Conditions: 1 4) Approval of SDP 85-17 is granted subject to approval 1 5) Approval of this request shall not excuse compliance
all sections of the Zoning Ordinance and all other
applicable City ordinances in effect at time of buil
permit issuance.
Variance No. 373. I
6) This approval shall become null and void if building are not issued for this project within one year from
date of project approval.
7) All roof appurtenances, including air conditioners, architecturally inteqrated and concealed from view a
sound buffered from adjacent properties and streets,
pursuant to Building Department Policy No. 80-6, to
satisfaction of the Directors of Planning and Buildi
I 8) Building identification and/or addresses shall be pl
all new and existing buildings so as to be plainly v
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from the street or access road: color of identificati,
and/or addresses shall contrast to their background c
9) If any condition for construction of any public impro
or facilities, or the pavment of any fees in lieu the
imposed by this approval or imposed by law on this pr
are challenged, this approval shall be suspended as p
in GoT-3rnment Code Section 65913.5. If any such cond
is determined to be invalid this approval shall be in
unless the City Council determines that the project w
the condition complies with all requirements of law.
10) Before obtaining a final map or building permit, whic
occurs first, the applicant shall: a) agree to pay a
increase in the public facilities fee or additional t
new construction and/or new development fees establis
by any additional requirements established by the
development management system or phasing plans which
ultimately adopted by the City of Carlsbad. This con
conplies with City Council Ordinance No. 9791.
the City Council prior to July 20, 1986; b) agree to
Engineerinq Conditions:
11) This project is approved upon the express condition t building permits will not be issued for development c subject property unless the City Engineer determines sewer capacity is available at the time of applicatic
such permits and will continue to be available until
occupancy. 1
12) The developer shall obtain a grading permit prior to
commencement of any clearing or grading of the site.
13) No grading shall occur outside the limits of the pro: I unless a letter of permission is obtained from the ov
the affected properties. I
14) Prior to hauling dirt or construction materials to ai
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'1 shall submit to and receive approval from the City EI
for the proposed haul route. The developer shall cor with all conditions and requirements the City Enginec
impose with regards to the hauling operation.
15) Additional drainage easements and drainage structure:
be provided or installed as may be required by the Cc
Department of Sanitation and Flood Control or the Ci.
neer.
16) The developer shall make an offer of dedication to tl
for all public streets and easements rewired by the:
conditions or shown on the site development plan. T:
shall be made by a Certificate on the Final Map for project. All land so offered shall be granted to thc
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free and clear of all liens and encumbrances and withc
cost to the City. Streets that are already public arc
required to be rededicated.
17) Ocean Street shall be dedicated by the developer alonc
subdivision frontaqe based on a centerline to right-o
Standards prior to occupancy of any buildings.
width of 25 feet and in conformance with City of Carl
18) The developer shall obtain the City Enqineer's approv
the project improvement plans and enter into a secure
agreement with the City for completion of said improv prior to issuance of any building permit within this project. The improvements shall be constructed and a
for maintenance by the City Council prior to issuance
Certificate of Occupancy for any unit within the proj
The improvements are:
Ocean Street frontage improvements including but not to:
a) A. C. paving/overlay
b) Curb, gutter, and sidewalk
c) A. C. berm transitions
d) Drainage improvements as required
e) Relocation of utilities as required by each agenc
19) Unless a standard variance has been issued, no variar
site plan, except for a 50 foot width of Ocean Street
20) The developer shall comply with all the rules, regulc
and design reauirements of the respective sewer and \
agencies regarding services to the project. 1 21) All plans, specifications, and supporting documents 1
j improvements of this project shall be signed and seal
the Engineer in responsible charge of the work. Eack
shall be signed and sealed, except that bound documel
be signed and sealed on their first page. Additiona
first sheet of each set of plans shall have the follc
certificate:
City Standards is authorized by virtue of approval of
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"DECLARATION OF RESPONSIBLE CHARGE"
I hereby declare that I am the Engineer of Work for
design of the project as defined in Section 6703 of
Business and Professions Code, and that the design i
consistent with current standards.
I understand that the check of project drawings and
specifications by the City of Carlsbad is confined t
review only and does not relieve me, as Engineer of my responsibilities for project design.
project, that I have exercised responsible charge OVI
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(Name, Address and Telephone of Engineering firm)
Firm:
Address:
City, St.:
Telephone:
BY Date:
--
- (Name of Engineer)
R.C.E. NO. #
3. That based on the evidence presented at the F
hearing the City Council grants the applicant's appeal and
approves Variance V-373 as shown on Exhibit A, attached he
and made a part hereof, based on the following findings ar
conditions :
Findinqs:
1) That there are exceptional or extraordinary circumstr
conditions applicable to the property or to the inter
that do not apply generally to the other property or
of use in the same vicinity and zone, because the prc
location on a coastal bluff limits the developabilitl I
50 '3 + 5 17 >o k 0
site.
2) That such variance is necessary for the preservation
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3) That the granting of such variance will not be mater detrimental to the public welfare or injurious to thc
property or improvements in such vicinity and zone il
the property is located, since the proposed variance 1 allow for the improvement of an existing building.
4) That the granting of such variance will not adverse1
the comprehensive General Plan, since the proposed P
will improve an existing situation.
5) The project is consistent with all City public facil icies and ordinances since: '
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a) The Planning Commission has, by inclusion of an
appropriate condition to this project, ensured bu
permits will not be issued for the project unless
City Enaineer determines that sewer service is avi
sewer service remains available, and the Plannina
Cornmission is satisfied that the requirements of Public Facilities Element of the General Plan hav net insofar as they apply to sewer service for th
project.
and building cannot occur within the project unle
b) All necessary public improvements have been provi
will be required as conditions of approval.
c) The applicant has agreed and is required by the inclusion of an appropriate condition to pay a pu
facilities fee. Performance of that contract and
payment of the fee will enable this body to find
public facilities will be available concurrent wi
as required by the General Plan.
d) Assurances have been given that adeauate sewer fo
project will be provided by the City of Carlsbad.
6) This project has been determined to be cateqorically
under the California Environmental Quality Act.
Conditions:
1) Approval is granted for V-373, as shown on Ehxibits "
"E", dated November 26, 1985 incorporated by referenc
on file in the Planning Department. Development shal
substantially as shown unless otherwise noted in thec conditions.
2) This variance is subject to the approval of SDP 85-11 1
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City Council Policy No. 17, dated April 2, 1982, on 1
with the City Clerk and incorporated herein by referc
and according to the agreement executed by the applic payment of said fee, a copy of that aqreement, dated November 22, 1985, is on file with the City Clerk anc
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incorporated herein by reference. If said fee is not
as promised, this application will not be consistent
the General Plan and approval for this project shall
void.
PASSED, APPROVED ARD ADOPTED at a reuular meeting
City Council of the City of Carlsbad, California, held on
the 15th day of July , 1986, by the following vote, t
AYES: Council Members Casler, Lewis, Chick and Pettine
NOES : Council Member Kulchin
ABSENT: None Y'"a d. L
MARY H. ,ASLER, Mayor
ATTEST:
ALETHF L. RAUT
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-- V I C I N I TY MF EYHIBJ
1
Os OPEN SPACE (OS)
city of carlsbad
R-3 ;RMH) RESIDENTIAL MEDIUM HIGH 8 -15 dulnc
(RH) RESIDENTIAL HIGH 15-23 du/nc 13 TRAVEL SER
VR VILLAGE REDEVELOPMENT \
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BRODINE I %-. ?3P.
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1200 ELM AVENUE TELE
CARLSBAD, CALIFORNIA 92008 (714)
Citp of Carls'bab
July 22, 1986
David H. and Gail R. Brodine
2643 Ocean Street
Carlsbad, CA 92008
Enclosed for your records, please find a copy of the
fOl~OWhg Resolution 8691 _-- , adopted by the
Carlsbad City Council on July 15, 1986
Sincerely, &fl- LEE RAUTENKRANZ,
City Clerk
LR : adm
Enclosures ( 1 )