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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