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