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