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HomeMy WebLinkAboutCP 92-03; Babcock Condominiums; Condo Permit (CP)City of Carlsbad Planning Department November 10, 1992 Robert H. Babcock 3402 S. Birch Street Santa Ana, CA 92707 RE: CP 92-03/MS 92-05 - BABCOCK CONDOMINIUMS The City has completed a review of the application for a two-unit condominium development located at 3636 and 3638 Carlsbad Boulevard. It is the Planning Director's determination that based on the attached conditions, the project is consistent with the City's condominium regulations (Chapter 21.45) and with all other applicable City Ordinances and Policies. Further, the project has been found to be categorically exempt from environmental review according to Section 15305.(k) of the California Environmental Quality Act and a Notice of Exemption was filed on November 6, 1992. This letter, including the listed findings and conditions, constitutes approval of CP 92-03. Findings: 1. The project is consistent with the City's General Plan since the proposed density of 12.8 du's/acre is within the density range of 15 - 23 du's/acre specified for the site as indicated on the Land Use Element of the General Plan, and is at or below the growth control point of 19 du's/acre. 2. The site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed, provided the requested variance is granted. 3. The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for High Density Residential development on the General Plan. 4. 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 requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 2O75 Las Palmas Drive • Carlsbad, California 92OO9-1576 - (619)438-1161 Robert H. Babcock November 10, 1992 Page 2 5. This project is consistent with the City's Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 1. 6. Separate gas and electric service is provided for each unit. 7. Adequate public facilities necessary to serve this project will be provided as required by the City Engineer in conjunction with the approval of the parcel map required for this project. 8. The project is consistent with the design criteria and development standards of Chapter 21.45 (Planned Development Ordinance) of the City's Zoning Code. Conditions: 1. This project is approved upon the express condition that the final map shall not be approved unless the City Engineer finds as of the time of such approval that sewer service is available to serve the subdivision. 2. Water shall be provided to this project pursuant to the Water Service agreement between the City of Carlsbad and the Carlsbad Municipal Water District, dated May 25, 1983. 3. This project shall comply with all conditions and mitigation measures which may be required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to recordatlon of the parcel map or issuance of a Certificate of Compliance. 4. The applicant is aware that the City is preparing a housing impact fee program as an alternative to the inclusionary requirements stipulated in Policy 3.6b of the Housing Element. If in the development of the impact fee program, it is determined by the City Council in order to find consistency with the Housing Element of the General Plan as well as consistency with Section 66473.5 of the Government Code (Subdivision Map Act), that this project is subject to this fee and a parcel map has not been issued, the applicant or its successors in interest shall pay whatever reasonable impact fee that is required and in effect at the time of issuance of parcel map. If required fees are not paid, this application will not be consistent with the General Plan and approval for this project will be void. No Impact fee will be required if a parcel map is issued prior to the effective date of the Inclusionary Ordinance (ZCA 91-06). 5. If any condition for construction of any public improvements 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 provided 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. Robert H. Babcock November 10, 1992 Page 3 6. The applicant shall give notice of the conversion to all tenants as required by the Subdivision Map Act and the Carlsbad Municipal Code. 7. The applicant shall establish a homeowner's association and corresponding covenants, conditions and restrictions. Said CC&R's shall be submitted to and approved by the Planning Director prior to final map approval. 8. The applicant shall post a sign concerning not backing out onto Carlsbad Boulevard, to the satisfaction of the Planning Director. 9. This project is being approved as a condominium permit for residential homeownership purposes. If any of the units in the project are rented, the minimum time increment for such rental shall be not less than 26 days. A condition so stating this shall be placed in the CC&R's for the project. 10. Approval is granted for CP 92-03 as shown on Exhibtt(s) "A" and "B", dated November 6,1992, on file in the Planning Department and incorporated herein by reference. 11. A copy of the final planned development site plan, incorporating all conditions of approval, shall be submitted to and approved by the Planning Director prior to final map approval of MS 92-05. 12. All conditions of MS 92-05 are incorporated herein by reference and shall be complied with in their entirety. 13. Unless otherwise stated herein, this condominium project shall comply with all applicable City Ordinances and requirements. 14. Approval of CP 92-03 is granted subject to the approval of V 92-01 and SDP89-01(A). Engineering Conditions; 15. The tentative parcel map approval shall expire twenty-four (24) months from the date of the letter containing the final decision for tentative parcel map approval. 16. The applicant shall provide the City with the approved tentative parcel map. The map shall be to scale on a reproducible 24" x 36" xerox or photo mylar. The tentative parcel map shall reflect the conditions of approval by the City. The reproducible shall be submitted to the City Engineer, reviewed and signed by the City's project engineer and project planner prior to subm'rttal of the building plans, final map, improvement or grading plans, whichever occurs first. 17. Unless a standards variance has been issued, no variance from City Standards is authorized by virtue of approval of this tentative parcel map. Robert H. Babcock November 10, 1992 Page 4 18. If the property is within the Coastal Zone, the applicant shall submit proof of a California State Coastal Commission permit signed and acknowledged by the applicant prior to parcel map approval. 19. All required fees and deposits shall be paid prior to approval of the parcel map. 20. Prior to approval of the parcel map the owner shall pay and/or enter into an agreement with the City to pay any drainage area fees established as a result of the Master Drainage Plan Update. 21. The applicant shall pay park-in-lieu fees to the City prior to the approval of the parcel map as required by Chapter 20.44 of the Carlsbad Municipal Code. 22. The applicant shall pay the recording fees for all agreements, easements and documents required for this project prior to the approval of the parcel map. If you have any further questions please call David Rick in the Planning Department at (619) 438-1161, extension 4328. Sincerely, MICHAEL J. HOLZMILLER Planning Director MJH:OR:lh Attachment c: Gary Wayne Bobbie Hoder Bob Wojctk Jim Davis Robert Green Don Neu File Copy Data Entry Marjorie/Steve