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Home My WebLink AboutSDP 12-06; Cottage Row Apartments; Site Development Plan (SDP) The City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION Item No. Application complete date: March 13, 2013 P.C. AGENDA OF: August 7, 2013 Project Planner: Christer Westman Project Engineer: David Rick SUBJECT: SDP 12-06/PUD 13-01/CUP 190(C) – COTTAGE ROW APARTMENTS – Request for the approval of a Conditional Use Permit amendment CUP 190(C) to rescind Conditional Use Permit CUP 190(B), and the approval of a Site Development Plan SDP 12-06 and Planned Development Permit PUD 13-01 to allow for the existing 24 apartment units to remain onsite and be made available for rent to the general public on property generally located at 1400 Flametree Lane in Local Facilities Management Zone 20. The project is exempt from the provisions of CEQA per the General Rule [CEQA Guidelines Section 15061(b)(3)]. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7005 APPROVING Site Development Plan SDP 12-06, Planned Development Permit PUD 13-01 and Conditional Use Permit CUP 190(C) based on the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND The subject 12.2 acre property, which is located at 1400 Flametree Lane, is currently developed with a conditionally permitted (CUP 190) residential apartment project that includes 24 residential apartment units configured as 11 duplex buildings and 2 detached apartment units located around a circular private drive aisle. The center of the circular private drive aisle includes open guest and resident parking as well as a common building and open space. Ten of the duplex apartments include 1 carport covered parking space per unit and 1 uncovered parking space per unit. One of the duplex apartments (No. 22 and 23) includes 2 uncovered parking spaces per each unit; two of which are proposed to be covered with a carport as a part of this application. Each of the 2 detached apartments includes a 1 car garage and 1 uncovered parking space. There are undeveloped downhill slopes on the north and east sides of the project site that include Coastal Sage Scrub habitat. Access to the project site from the east is off of Aviara Parkway via Flametree Lane and from the south off of Mariposa Road via Sweet Briar Court. The existing project was first approved as a retirement village for retired missionaries, known as the Sudan Interior Mission, by Conditional Use Permit CUP 190 on December 17, 1980. At that time a Conditional Use Permit was required to allow a multi-family retirement community project in an (R-1) One Family zone. The original approval included conditions of approval which required that the retirement facility always be maintained as a faith based retirement facility and prohibited the CUP approval to “run with the land” and be transferred to a different property owner. An amendment to the Conditional Use Permit, CUP 190(A), was approved on 2 SDP 12-06/PUD 13-01/CUP 190(C) – COTTAGE ROW APARTMENTS August 7, 2013 Page 2 September 19, 1990 for the addition of a 560 square foot maintenance building. A second amendment, CUP 190(B), was approved on June 20, 2007 amending the conditions of approval to delete the prohibition of allowing the CUP approval to be transferred to a different property owner and “run with the land” and to reiterate that the property shall be maintained as a faith based retirement facility. Currently, neither the Sudan missionaries, nor any other faith based religious affiliation, occupy the apartment units and therefore the project applicant, Cottage Row Carlsbad, LLC is requesting to rescind Conditional Use Permit CUP 190 (B), through the approval of CUP 190 (C), to eliminate the requirement that the project be maintained as a faith based retirement facility, and to request the approval of a Site Development Plan SDP 12-06 and Planned Development Permit PUD 13-01 to allow for the existing 24 apartments to remain onsite and to allow for them to be made available for rent to the general public. Table 1 below includes the General Plan designations, zoning and current land uses of the project site and surrounding properties. TABLE 1 – GENERAL PLAN/ZONING/LAND USE Location General Plan Designation Zoning Current Land Use Site Residential Low-Medium (RLM); 0-4 du/ac with a 3.2 du/ac GMCP density R-1-10,000 w/Q Overlay 11 duplex and two detached apartment units North Unplanned Area (UA) Exclusive Agriculture (EA) Agricultural goods distribution center South Residential Low-Medium (RLM); 0-4 du/ac with a 3.2 du/ac GMCP density & Residential Medium (RM); 4-8 du/ac with a 6 du/ac GMCP density R-1-10,000 w/Qualified Development Overlay & Residential Density- Multiple (RD-M) w/Qualified Development Overlay Single-Family Residential East Residential High (RH); 15-23 du/ac with an 19 du/ac GMCP density Residential Density-Multiple (RD-M) w/Qualified Development Overlay Multi-Family Residential West Residential Medium (RM); 4-8 du/ac with a 6 du/ac GMCP density R-1-10,000 Qualified Development Overlay Single-Family Residential Because the R-1 zoned property is also subject to the Qualified Development Overlay zone, no building permit or other entitlement shall be issued for any use unless there is a valid Site Development Plan (SDP) approved for the property. Accordingly the applicant has requested the approval of a Site Development Plan for the approval of the existing site design plus the addition of carports over two existing uncovered parking spaces. SDP 12-06/PUD 13-01/CUP 190(C) – COTTAGE ROW APARTMENTS August 7, 2013 Page 3 The applicant has also requested approval of a Planned Development Permit, which is required solely for the purpose of permitting the approval of a land use other than one-family dwellings on the site. Pursuant to Section II.C.1.b. of the Land Use Element of the General Plan, on sites containing sensitive biological resources, as identified in the Carlsbad Habitat Management Plan (HMP), development with uses (including apartments) other than one-family dwellings may be approved with a Planned Development Permit (PUD), subject to the density range of the RLM designation. As shown on Figure 3 of the HMP (Vegetation Map City of Carlsbad), the property contains sensitive biological resources along the undeveloped slopes in the form of Coastal Sage Scrub habitat as a significant percentage of its gross area. As discussed above, the project site has a Residential Low-Medium (RLM) General Plan Land Use designation. Table 2 below includes the project site’s gross and net acreage, the number of dwelling units allowed by the General Plan’s Growth Management Control Point (GMCP) density for the RLM designation and the proposed project’s number of dwelling units and density. TABLE 2 – RESIDENTIAL DENSITY Gross Acres Net Acres DUs Allowed at GMPC Density DUs Proposed and Project Density 12.2 10.25 32.8 24 units/2.66 du/ac Approval of the project permits will allow the existing 24 residential rental units located at 1400 Flametree Lane to remain on-site and be made available for rent to the general public. As discussed in Section C. below, the existing structures comply with the applicable R-1 zone development standards. The only structural addition proposed is carports over two existing uncovered parking spaces. Approval of the project will not increase the average daily traffic (ADT) and therefore the street system will continue to adequately handle project traffic. IV. ANALYSIS The proposed project is subject to the following ordinances, standards, and policies: A. Residential Low-Medium Density (RLM) General Plan Land Use Designation; B. Conditional Use Permits (CMC Chapter 21.42); C. One-Family Residential Zone with a Qualified Development Overlay Zone, 10,000 square foot minimum lot size (R-1-Q, CMC Chapters 21.10/21.06); D. Parking (CMC Chapter 21.44); and E. Planned Development Ordinance (CMC Chapter 21.45). The recommendation for approval of this project was developed by analyzing the project’s consistency with the applicable regulations and policies. The project’s compliance with each of the above regulations and policies is discussed in the sections below. A. General Plan The project site has a General Plan Land Use designation of Residential Low-Medium density (RLM) which allows for the development of one-family dwellings at a density of 0-4 dwelling units per acre with a Growth Management Control Point (GMCP) of 3.2 dwelling units per acre. SDP 12-06/PUD 13-01/CUP 190(C) – COTTAGE ROW APARTMENTS August 7, 2013 Page 4 As shown in Table 2 above, the existing 24 dwelling unit project has a density of 2.66 dwelling units per acre which is below the 3.2 du/acre GMPC density but is still within the General Plan RLM density range of 0-4 dwelling units per acre and therefore the project is consistent with the General Plan. Furthermore, pursuant to Section II.C.1.b. of the Land Use Element of the General Plan, on RLM designated sites which contain sensitive biological resources, as identified in the Carlsbad Habitat Management Plan, development with uses other than one-family dwellings may be approved with a Planned Development Permit (PUD), subject to the density range of the RLM designation. Figure 3 of the HMP (Vegetation Map City of Carlsbad) identifies that the northern and eastern undeveloped slopes of the property contain sensitive biological resources in the form of Coastal Sage Scrub habitat. Accordingly, with the approval of the proposed Planned Development Permit (PUD 13-01), at a density of 2.66 dwelling units per acre, the project is consistent with the General Plan B. Conditional Use Permit At the time that the 24 unit retirement community project was first approved, “retirement communities” were allowed in the One Family (R-1) zone by approval of a Conditional Use Permit. Since that time, the Carlsbad Municipal Code has changed and retirement communities are no longer listed as a permitted or conditional use in the R-1 zone. In the past thirty years, since the original approval of the project, “retirement communities” have evolved to include many resort-like features and a full spectrum of services. The project has none of these features or services and can no longer survive as a rental property restricted only to those who have retired from a faith based job. The Sudan missionaries, nor any other religious affiliation, currently occupy the retirement community units and therefore the project applicant is requesting to rescind Conditional Use Permit CUP 190 (B), with the approval of CUP 190 (C), to eliminate the condition of approval that the project be maintained as a faith based retirement community. Since the applicant is requesting approval to rent the apartments to the general public without an age or job status restriction, the CUP would no longer be applicable. Therefore, the original CUP for a faith based retirement community is being recommended to be rescinded through the adoption of CUP 190(C). C. One-Family Residential Zone with a Qualified Development Overlay Zone The intent and purpose of the R-1 One-Family residential zone is to implement the Residential Low (RL) density, Residential Low-Medium (RLM) density, and Residential Medium (RM) density land use designations of the Carlsbad General Plan; and provide regulations and standards for the development of one-family dwellings and other permitted or conditionally permitted uses as specified in the R-1 zone. Additionally, no building permit or other entitlement shall be issued for any use in the Qualified Development (Q) Overlay Zone unless there is a valid Site Development Plan (SDP) approved for the property. Table 3 below illustrates how the existing development with proposed minor carport addition exceeds all of the minimum site development standards of the R-1 zone. SDP 12-06/PUD 13-01/CUP 190(C) – COTTAGE ROW APARTMENTS August 7, 2013 Page 5 TABLE 3 – R-1 ZONE DEVELOPMENT STANDARDS STANDARD REQUIRED EXISTING COMPLY Front Yard Setback 20’ minimum 220’ Yes Street Side Yard Setback 10’ minimum N/A Yes Interior Side Yard Setback 10% of lot width 10’ maximum 100’ Yes Rear Yard Setback 20% of lot width 20’ maximum 24’ Yes Lot Coverage < 40% 5% Yes Max Building Height 30 feet. 15’ Yes The site is developed with appropriate setbacks and onsite amenities. No physical changes are proposed to the existing development with the exception to the addition of carports over two existing uncovered parking spaces. D. Parking As seen in Table 4 below, the project meets the required parking demand for apartments and has a surplus of resident and guest parking spaces. TABLE 4 – PARKING STANDARD REQUIRED PROPOSED COMPLY Parking: Apartments 1 Bdrm unit: 1.5 spaces 2 Bdrm unit: 2 spaces (One required space must be Covered) 1 guest space per four units 7 x 1.5 = 11 spaces 17 x 2 = 34 spaces -------------------------------- 45 spaces = 24 Covered spaces = 21 Open spaces = 6 guest spaces 48 spaces 24 Covered spaces 24 Open spaces 13 guest spaces Yes Surplus of 3 Open resident spaces and 7 guest spaces E. Planned Development Ordinance (CMC Chapter 21.45) A Planned Development Permit (PUD) is proposed with this project solely for the purpose of establishing a permitted land use on the site other than one family dwellings. Pursuant to the General Plan Land Use Element Section II.C.1.b, for sites containing sensitive biological resources, as identified in the Carlsbad Habitat Management Plan (HMP), development other than single family residential may be approved with a PUD. SDP 12-06/PUD 13-01/CUP 190(C) – COTTAGE ROW APARTMENTS August 7, 2013 Page 6 As identified on Figure 3 (Vegetation Map City of Carlsbad) the property contains sensitive biological resources in the form of Coastal Sage Scrub habitat as a significant percentage of its gross area. Therefore, the continued operation of the site as a multi-family residential rental project may be permitted through the approval of a PUD. Since the PUD is only to establish an “other” permitted land use in the One-Family (R-1) zone, the site is not subject to the other development standards of the Planned Development Ordinance (CMC Chapter 21.45). V. ENVIRONMENTAL REVIEW The project is exempt from the provisions of CEQA, pursuant to the General Rule [CEQA Guidelines Section 15061(b)(3)] that it can be seen with certainty that there is no possibility the project may have a significant effect on the environment. A Notice of Exemption will be filed by the City Planner upon final approval of the project. ATTACHMENTS: 1. Planning Commission Resolution No. 7005 2. Location Map 3. Disclosure Statement 4. Reduced Exhibits 5. Planning Commission Resolution No. 1741 (CUP 190) 6. Planning Commission Resolution No. 6314 (CUP 190(B)) 7. Reduced Exhibits 8. Full Size Exhibits “A – C” dated August 7, 2013 M ARIPOSA RDHIDDEN VALLEY RDCA L M E R I A P L SALTAIRE W Y COBB LES T O NE R D L A U R E L T R E E LNFLAME TREE NEBB TIDE STTOPMAST DRAV I ARA P Y BOWSPRIT WY SWEETBRIAR CRSDP12-06 / PUD 13-01 / CUP 190(C) Cottage Row Apartments SITE MAPEL CAM REALC A R LSB AD VILL AGE DR C ARLSBA D BLL A COSTA AVMELR O SE DRAVIARA PY RA N CHO S A NTA FE RDCOLL EGE BLEL CAMINO REALSITE OF 1 SHEET PREPARED BY: 3 REVISIONS DATE BYNO. 1446 DU's # SPACES/DU TOTAL SPACES 1 BDRM UNITS 7 1.5 11 2 BDRM UNITS 17 2 34 GUEST PARKING 0.25 6 TOTALS 24 --51 DU's LOCATION TOTAL SPACES COVERED 24 1 COVERED PER UNIT 24 OPEN IN LOT ADJ. TO REC AREA 13 GUEST PARKING IN DRIVEWAYS 22 ACCESSIBLE PARKING IN LOT ADJ. TO REC ARE 2 TOTALS 24 61 REQUIRED PARKING PROVIDED PARKING PRIVATE O.S.1,440 SF COMMON REC.4,800 SF 5,175 SF 14,045 SF STORAGE 392 SF 216 SF REQUIRED PROVIDED SDP 12-06/PUD 13-01 1446 OF 2 SHEETPREPARED BY: 3 SDP 12-06/PUD 13-01 OF 3 SHEETPREPARED BY: 3 SDP 12-06/PUD 13-01