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HomeMy WebLinkAboutPUD 12-01; Blue Condominiums; Planned Unit Development - Non-Residential (PUD)CITY OF V (CARLSBAD Planning Division www.carlsbadca.gov April 16, 2012 Mr. Barry Blue 2950 Ocean Street Carlsbad, CA 92008 SUBJECT: MINOR PLANNED DEVELOPMENT PERMIT PUD 12-01 - BLUE CONDOMINIUMS The City has completed a review of the application for a Minor Planned Development Permit to demolish two single family dwellings and accessory structures and to allow for the construction of two attached residential air-space condominium units on a 0.16-acre infill lot located at 150-152 Cherry Avenue. It is the City Planner's determination that based on the attached conditions, the project is consistent with the City's Planned Development 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 15332 (Infill Development) of the California Environmental Quality Act and a Notice of Exemption will be filed upon project approval. This memo, including the listed findings and conditions, constitutes approval of Minor Planned Development Permit PUD 12-01. Findings: 1. The proposed project is consistent with the general plan, and complies with all applicable provisions ofthis chapter, and all other applicable provisions ofthe Carlsbad Municipal Code, in that the project is consistent with the General Plan, which allows for a mixture of residential uses, including condominiums, within the Residential High (RH) Density land use designation. Although the project's density of 12.5 dwelling units per acre is below the minimum RH density of 15 du/ac, the attached two-unit residential air-space condominium project can be found consistent with the General Plan pursuant to CMC Section 21.53.230. tn addition, 1.04 dwelling units will be deposited into the City's Excess Dwelling Unit Bank. The proposed two- story structure will be appropriately integrated with the site surroundings as well as the environmental setting in that the adjacent projects to the north, south, east and west are also currently developed with two story, multi-family uses. In addition, the project complies with the Zoning Code, no Variances are required and the two airspace condominiums, which will generate 16 ADTs, will not adversely affect traffic circulation. 2. The proposed project will not be detrimental to existing uses, or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings, or traffic, in that the project involves the demolition of two single family dwellings and. accessory structures and the development of two residential air-space condominiums on a property that is adjacent to two-story multi-family uses and has all 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® PUD 12-01 - BLUE CONDOMINIUMS April 16, 2012 Page 2 necessary public facilities constructed or conditioned to be constructed. Primary access to the site will be provided from a private driveway located off of Cherry Avenue. Cherry Avenue is classified as a Local street and is designed to handle the 16 ADTs generated by the proposed condominiums. On-site circulation consists of a private drive aisle to provide direct access to two, side-loaded, two-car garages and one exterior visitor's parking space. In addition, the adjacent streets are operating at an acceptable Level of Service (LOS). Therefore, the street system serving the proposed use will not be impacted. 3. The project will not adversely affect the public health, safety, or general welfare, in that the project complies with all applicable development standards of the R-3 Zone (CMC Chapter 21.16) and the Planned Development Ordinance (CMC Chapter 21.45) of the Carlsbad Municipal Code. In addition, the project is compatible with respect to the use as well as the bulk and scale of the adjacent high density, multi-family residentiai land uses. 4. The project's design, including architecture, streets, and site layout: a) contributes to the community's overall aesthetic quality; b) includes the use of harmonious materials and colors, and the appropriate use of landscaping; and c) achieves continuity among all elements of the project, in that the proposed two-story air-space condominiums are similar in bulk and scale to adjacent, existing, two-story, high density, multi-family residential projects to the north, south, east and, west. Architectural design elements include a variety of roof planes and materials, off-set building projections such as balconies, and varied window shapes and sizes, which are aesthetically pleasing and contribute to the overall character of the neighborhood. The project's landscaping consists of a variety of plant materials to enhance the visual appearance of the units and provide privacy aiong the property iines. Ail elements (i.e. site layout, architecture, landscaping) contribute towards the resulting continuity in the overall project design. 5. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, a. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. c. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 6. That the City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15332 - In-fill Development ofthe state CEQA PUD 12-01 - BLUE CONDOMINIUMS April 16, 2012 Page 3 Guidelines. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 7. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). 8. The City Planner has reviewed each ofthe exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree ofthe exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of the final map for MS 08-01. 1. Approval is granted for Minor Planned Development Permit PUD 12-01 as shown on Exhibit(s) "A - U," dated April 4, 2012, on file in the Planning Division and incorporated herein by reference. 2. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Planned Development Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Planned Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 4. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 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 66020. 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. 6. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and PUD 12-01 - BLUE CONDOMINIUMS April 16, 2012 Page 4 costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance ofthis Planned Development Permit, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 7. All conditions of Minor Subdivision MS 08-01 are incorporated herein by reference and shall be complied with in their entirety. 8. This approval is granted subject to the approval of SDP 08-01/CDP 08-04 and is subject to all findings and conditions contained in the Planning Commission Resolution Nos. 6867 and 6868 forthe other approvals and are incorporated herein by reference. 9. Prior to the recordation of the associated Parcel Map (MS 08-01), Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction ofthe City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued Site Development Plan SDP 08-01, Coastal Development Permit CDP 08-04, and Minor Planned Development Permit PUD 12-01- BLUE CONDOMINIUMS on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice, which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. If you have any further questions, please call Shannon Werneke in the Planning Division at (760) 602- 4621. Sincerely, CHRIS DeCERBO Principal Planner CD:SW:bd c: Buck Thompson, Pi Arc Design, 627 Bonair Way, La Jolla, CA 92037 Don Neu, City Planner Chris DeCerbo, Principal Planner Tecla Levy, Associate Engineer File Copy Data Entry/DMS