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Home My WebLink About1999-09-15; Planning Commission; ; SDP 99-08|CDP 99-16|AV 99-06 - CHESTNUT CONDOMINIUMSSThe City of CARLSBAD Planning Department A REPORT TO THE PLANNING COMMISSION Item No.' P.C. AGENDA OF: September 15, 1999 Application complete date: May 4, 1999 Project Planner: Greg Fisher Project Engineer: David Rick SUBJECT: SDP 99-08/CDP 99-16/AV 99-06 - CHESTNUT CONDOS - Request for approval of a Site Development Plan, Coastal Development Permit and Administrative Variance to develop a two-unit residential condominium on a site located at the northeast corner of Carlsbad Boulevard and Chestnut Avenue within Local Facilities Management Zone 1. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 4636, 4637, and 4641 APPROVING SDP 99-08, CDP 99-16 and AV 99-06 based upon the findings and subject to the conditions contained therein. II.INTRODUCTION The applicant proposes to demolish an existing two-family residence and construct a new two- unit condominium project on a .13-acre infill site located at the northeast corner of Carlsbad Boulevard and Chestnut Avenue between Sycamore Avenue and Maple Avenue. The project is located within the Beach Area Overlay Zone (BAOZ) and therefore requires a Site Development Plan. The site lies within the Mello II segment of the Local Coastal Program and therefore, a Coastal Development Permit will be issued by the City of Carlsbad. The applicant has requested a variance for the project. The Variance is similar to those approved previously for front yard setbacks along Carlsbad Boulevard and can be supported by staff. The project also requires a Minor Condominium Permit (CP), and a Minor Subdivision (MS) Both of these administrative permits have been approved by the Planning Director and the City Engineer subject to the approval of the Planning Commission's decision on the Site Development Plan, Coastal Development Permit and Administrative Variance. The project's proposed density of 15.3 units per acre is below the 19 units per acre allowed per the growth management control point for the property's Residential High (RH) General Plan designation. The proposed project has been determined not to have a significant effect on the environment, and is categorically exempt from the provisions of CEQA. With the exception of the noted Administrative Variance, the project conforms to all applicable City development standards and regulations; there are no outstanding project issues and findings can be made for the approval of the project. HI. PROJECT DESCRIPTION AND BACKGROUND The .13 acre project site is located at the northeast corner of Chestnut Avenue and Carlsbad Boulevard. The in-fill site has been previously graded and is relatively level. The site is SDP 99-08/CDP 99-16/AV 99-06 - CHESTNUT CONDOS September 15, 1999 Page 2 currently developed with an existing residence, concrete paving, non-native grasses and is void of any significant or sensitive vegetation. The site is zoned R-3 and is within the Beach Area Overlay Zone. It has a General Plan designation of RH (Residential - High Density). Surrounding properties to the north, east and south are also zoned R-3 and also have an RH General Plan designation. The surrounding development consists of attached multi-family units to the north, single family residence to the east, Chestnut Avenue to the south, and Carlsbad Boulevard to the west. Surrounding properties within the immediate neighborhood have already been developed with a variety of residential uses, including older single family residences, and newer two family and multi-family projects. The applicant is proposing to develop a two-unit residential condominium project on the subject site. The proposed two story units will contain approximately 2,400 square feet each. The structure incorporates a variety of architectural facade materials including stone veneer, stucco, color coordinated metal railings, doors, windows and trim, and color/textured paving surfaces. The proposed colors and materials for the building are light earth tone colored stucco walls with complementary colored trim ("holiday green & white"). Roofing materials consist of earth tone colored slate shingles. Other features of the proposed project include private patios, balconies and roof deck. On-site parking will be subterranean (basement) providing two car garages for each unit. Building height for the proposed structure is 29.3 feet. The project also includes a common passive recreation area and one at-grade guest parking space. The proposed structure will be compatible with surrounding development. The applicant has requested a variance to the Planned Development Standards for a reduced front yard setback. This is discussed in detail in Section C of this report. Staff is recommending that the necessary findings for the requested variance can be made and that the project complies with all other applicable regulations. IV. ANALYSIS The project is subject to the following regulations and requirements: A. General Plan R-H (Residential - High Density) designation; B. Beach Area Overlay Zone (BAOZ), R-3 (Multiple-Family Residential) Zone, and Condominium Permit (Planned Unit Development) regulations (Chapters 21.82, 21.16, and 21.45 respectively of the Carlsbad MunicipalCode); C. Administrative Variance regulations (Chapter 21.51 of the Carlsbad Municipal code); D. Local Coastal Program (Mello II segment); E. Inclusionary Housing (Chapter 21.85 of the Carlsbad Municipal Code); and F. Growth Management (Chapter 21.90 of the Carlsbad Municipal Code). SDP 99-08/CDP 99-16/AV 99-06 - CHESTNUT CONDOS September 15, 1999 Page3 The recommendation for approval for this project was developed by analyzing the project's consistency with the applicable City regulations and policies. The project's compliance with each of the above regulations is discussed in detail in the sections below. A.General Plan The proposed project is consistent with the policies .and programs of the General Plan. The property has a General Plan designation of RH (Residential - High Density). The RH designation allows the development of multi-family residential units at a density of 15 - 23 dwelling units per acre. The growth control point is 19 dwelling units per acre. The proposed project involves two condominium units being developed on a 5,682 square foot (.13-acre) rectangular shaped lot. Development at the growth control point would allow 2.47 units on the property. The proposed project is for two condominium units at a density of 15.32 dwelling units per acre. The project complies with all the Elements of the General Plan as outlined in the table below: GENERAL PLAN COMPLIANCE ELEMENT Land Use Housing Public Safety Open Space & Conservation Circulation USE, CLASSIFICATION, GOAL OBJECTIVE OR PROGRAM Site is designated for Residential High at 19du/ac. In-lieu contribution for the inclusionary requirement per Objective 3.6 Provide project review that allows consideration of seismic and geologic hazards. Minimize environmental impacts to sensitive resources within the City. Utilize Best Management Practices for control of storm water and to protect water quality. Requires new development to construct improvements needed to serve proposed development. PROPOSED USES & IMPROVEMENTS Multi-family residential units at 15.32 du/ac. Project conditioned to pay an in-lieu contribution on a per unit basis per Program 3.'6c Project improvements will not significantly impact or be impacted by geologic or seismic conditions. Project is set back from Carlsbad Boulevard to minimize the visual impact to the coast. Project will conform to all NPDES requirements. All public facilities including curb, gutter and sidewalk exit along the property frontage. COMPLY Yes Yes Yes Yes Yes SDP 99-08/CDP 99-16/AV 99-06 - CHESTNUT CONDOS September 15, 1999 Page 4 o B. Beach Area Overlay Zone/R-3 Zoning/Condominium (Planned Unit Development) The proposed project is subject to the Beach Area Overlay Zone (BAOZ) regulations, the R-3 Zone regulations, and the Planned Unit Development (PUD) regulations. (The PUD regulations are the development standards for condominium projects.) Projects located within the Beach Area Overlay Zone (BAOZ) require the processing of a Site Development Plan (SDP) to ensure consistency with the BAOZ standards per Section 21.82.040 of the Carlsbad Municipal Code. The BAOZ is intended to supplement the underlying zoning by providing additional development regulations to: 1) ensure that proposed development is compatible with existing surrounding uses; 2) provide adequate parking for residential developments; and 3) ensure that public facilities exist to serve the beach area. The proposed two story structure, with a building height of less than thirty feet, will be compatible with existing and proposed developments and complies with the BAOZ regulations. The two car garage per unit and guest parking space provides enough parking to satisfy the BAOZ requirements. All public facilities including curb, gutter and sidewalk exist along the property frontage. The proposed two-unit condominium project is also subject to the regulations of the R-3 Zone and the PUD (condominium standards) regulations. (The Condominium Permit is a Minor CP which will be acted upon by the Planning Director subsequent to the Planning Commission's actions on the SDP, CDP and AV.) Table A (below) illustrates how the project complies with the applicable BAOZ, R-3 zoning, and PUD development regulations. Table A: BAOZ, R-3 ZONING, AND PUD (CONDOMINIUM) STANDARDS COMPLIANCE STANDARD Min. Lot Size (PUD) Max. Lot Coverage (R-3) Min. Front Setback (PUD) Min. Side Setback (R-3) Min. Street Side Setback (PUD) Max. Building Height (BAOZ) Resident Parking (PUD) PERMITTED/ REQUIRED 3,500 sf 60% 40' (Major Arterial) measured from R.O.W. 5' 10" 3072 stories 4 covered spaces (2 full-sized covered spaces/du) PROPOSED 5,682 sf 47% 20' (See Variance Discussion) 5' 10' 29'3"/2 stories 4 covered spaces (Subterranean) SDP 99-08/CDP 99-16/AV 99-06 - CHESTNUT CONDOS September 15, 1999 Page 5 Visitor Parking (PUD) Storage Space (PUD) Recreational Space (PUD) 1. Private 2. Common 1 space (1 sp/2 du) 480 cf/du Total: 400 sf (200 sf/du) 1. +-200 sf 2. +-200 sf 1 space 3700 cf (2783 cf/du) Total: 1261 sf 871 sf 390 sf C. Variance The applicant is requesting an Administrative Variance for this project to reduce the required front yard setback. The Planned Development Ordinance requires a 40' front yard setback along Carlsbad Boulevard (Major Arterial). The applicant has proposed a 20' front yard setback along Carlsbad Boulevard, which is consistent with the adjacent and neighboring properties. Many Planned Developments along Carlsbad Boulevard were developed prior to the adoption of the Planned Development Ordinance in 1986. These projects were constructed according to the underlying Zoning (R-3) which required a 20' front yard setback. Requiring this development to comply with the Planned Development 40' front yard setback would overly burden the project and not be consistent with surrounding developed properties. D. Local Coastal Program compliance The proposed project site is located outside the appeal area of the City's Coastal Zone and lies within the Mello II segment of the Local Coastal Program (LCP). 1. Mello II Segment The proposed project is consistent with the Mello II segment of the LCP which contains land use policies for development and conservation of coastal land and water areas within the Segment boundaries. The policies of the Mello II segment emphasize topics such as preservation of agriculture and scenic resources, protection of environmentally sensitive resources, provision of shoreline access and prevention of geologic instability and erosion. The project is consistent with the coastal act policies as follows: A) no agricultural lands exist on the project site, therefore no impacts to such will occur; B) the site does not contain environmentally sensitive habitats, water or marine resources; C) the site is geologically stable and the proposed grading for the site has been limited to the area necessary to develop the site; D) the project has been designed to reduce the amount of off-site runoff by surface drains and has been conditioned to implement the NPDES standards to ensure the quality of the water leaving the site; E) the project meets the parking requirements of the zoning ordinance; F) the project has been conditioned to record a notice concerning proximity of Carlsbad Boulevard transportation corridor (the project, being less that five units and not multi-family, did not meet the threshold for requiring a noise report per the City of Carlsbad noise Guidelines Manual); G) the project does not preclude any recreational opportunities or shoreline access as the property is not a shorefront property; and H) no significant visual resources exist on or near the project site. Given the above, the project is consistent with the Mello II segment land use policies. SDP 99-08/CDP 99-16/AV 99-06 - CHESTNUT CONDOS September 15, 1999 Page 6 £. Inclusionary Housing The City's Inclusionary Housing regulations require that a minimum of 15% of all approved units in any residential project be made affordable to lower income households. The inclusionary housing requirement for this project would be 0.3 dwelling units. However, residential projects involving six or fewer dwelling units may satisfy their lower income inclusionary housing requirement by paying an in-Iieu fee or other in-lieu contribution. Therefore, this project has been conditioned to pay an in-lieu fee prior to building permit issuance. F. Growth Management The proposed project is located within Local Facilities Management Zone 1 in the Northwest quadrant of the City. The impacts on public facilities created by the project, and its compliance with the adopted performance standards, are summarized in Table C below. Table C: GROWTH MANAGEMENT STANDARD City Administration Library Waste Water Treatment Parks Drainage Circulation Fire Open Space Schools Sewer Collection System Water IMPACTS 7.41 sf 3.95 sf n/a .01 ac Basin A 16 ADT Stations 1 & 3 n/a CUSD 2EDU 440 GPD COMPLIANCE Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes The project is .479 dwelling units below the Growth Management Dwelling Unit allowance of 2.479 dwelling units for the subject property. V.ENVIRONMENTAL REVIEW This project is exempt from CEQA per the exemptions listed below: (1)Section 15304 of CEQA exemptions (Class 4) exempts minor alterations to land including grading on land with a slope of less than 10% from environmental review. (2) Section 15303 of CEQA exemptions (Class 3) exempts the construction of apartments, duplexes, and similar structures, with no more than four dwelling oSDP 99-08/CDP 99-16/AV~99-06 - CHESTNUT CONDOS September 15, 1999 Page? units if not in conjunction with the building of two or more such structures. A Notice of Exemption will be filed by the Planning Director upon project approval. The City has received its annual Growth Management Traffic Monitoring Report. The Report has recorded an unanticipated intersection "level of service" (LOS) failure at Palomar Airport Road (PAR) and El Camino Real (ECR) during both the a.m. and p.m. peak hours. This potentially creates a changed circumstance negating reliance on previous environmental documentation. Pursuant to §15162 of the CEQA Guidelines a lead agency must prepare a "Subsequent" environmental documentation if substantial evidence (i.e., the recorded intersection failure) determines that a changed circumstance exists. However, case law has interpreted this section of the CEQA Guidelines to not require the preparation of a "Subsequent EIR" if mitigation measures are adopted which reduce the identified impacts to a level of insignificance. A mitigation measure has been identified which, if implemented, will bring the peak hours LOS into the acceptable range. The mitigation measure involves construction of two dual right turn lanes-northbound to eastbound and westbound to northbound. This project has been conditioned to pay its fair share of the intersection "short-term improvements" thereby, guaranteeing mitigation to a level of insignificance. In light of the above, a Notice of Exemption will be filed by the Planning Director upon project approval. ATTACHMENTS: 1. Planning Commission Resolution No. 4636 (SDP) 2. Planning Commission Resolution No. 4637 (CDP) 3. Planning Commission Resolution No. 4641 (AV) 4. Location Map 5. Background Data Sheet 6. Local Facilities Impact Assessment Form 7. Disclosure Statement 8. Reduced Exhibits 9. Exhibit "A" - "I", dated September 15,1999 GF:eh SITE 140 CHESTNUT CONDOS SDP 99-08/CDP 99-16/AV 99-06 BACKGROUND DATA SHEET CASE NO: SDP 99-08/CDP 99-16/AV 99-06 CASE NAME: Chestnut Condos APPLICANT: Barry Blue REQUEST AND LOCATION: Two unit condominium project located at the northeast corner of Chestnut Avenue and Carlsbad Boulevard in the northwest quadrant of the City. LEGAL DESCRIPTION: Lot 4. Block B". Palisades. City of Carlsbad APN: 204-122-08 Acres: 5.682 Sq Ft. Proposed No. of Lots/Units: 2 units GENERAL PLAN AND ZONING Land Use Designation: RH-Residential High Density Allowed: 15-23 units per acre Density Proposed: 15.32du/ac Existing Zone: R-3 Proposed Zone: N/A Surrounding Zoning and Land Use: (See attached for information on Carlsbad's Zoning Requirements) Zoning Land Use Site R-3 Residential North R-3 Residential South R-3 Residential East R-3 . Residential West Pacific ocean N/A PUBLIC FACILITIES School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 2 Public Facilities Fee Agreement, dated: April 2. 1999 ENVIRONMENTAL IMPACT ASSESSMENT Negative Declaration, issued Certified Environmental Impact Report, dated. /\ Other Notice of Exemption CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: SDP 99-08/CDP 99-16/AV 99-06 - CHESTNUT CONDOS LOCAL FACILITY MANAGEMENT ZONE: 1 GENERAL PLAN: RH ZONING: R-3 DEVELOPER'S NAME: BARRY BLUE ADDRESS: 2231 La Mirada. Vista Ca 92083 PHONE NO.: 760-599-0460 ASSESSOR'S PARCEL NO.: 204-122-08 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): .1305 acres ESTIMATED COMPLETION DATE: April 1999 A. B. C. D. E. Demand in Square Footage = 6.95 Demand in Square Footage = 3.71 2 EDU'S .55 F. G. H. I. 20 J. K. L. City Administrative Facilities: Library: Wastewater Treatment Capacity (Calculate with J. Sewer) Park: Demand in Acreage = Drainage: Demand in CFS = Identify Drainage Basin = (Identify master plan facilities on site plan) Circulation: Demand in ADT = (Identify Trip Distribution on site plan) Fire: Served by Fire Station No. = Open Space: Acreage Provided = Schools: JHS=.1Q4. HS=.28 Total=.842 (Demands to be determined by staff) Sewer: Demands in EDU Identify Sub Basin = (Identify trunk line(s) impacted on site plan) Water: Demand in GPD = The project is .479 units below the Growth Management Dwelling unit allowance. = 1 N/A Elm=458. 2 EDU's 1H 440 City of Carlsbad Planning Department DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1 . 2. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Title Corp/Part_ Title Address Address OWNER (Not the owner's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Corp/Part Title Address 2O75 Las Palmas Dr. • Carlsbad, CA 92OO9-1576 - (76O) 438-1161 • FAX (760) 438-O894 NON-PROFIT OkZiNIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust.. list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust Title Title Address Address Have you had more than $250 worth of business transacted with any member of City staff. Boards, Commissions, Committees and/or Council within the past twelve (12) months? Yes No If yes, please indicate person(s):_ NOTE: Attach additional sheets if necessary. I certify th ve informiuoh is true and correct to the best of Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 jijj jjj jMjIj ji| 11!L Ie2 I '!*' Im 5™ » * iSiiijfjI- iiil.kl hi I - ~i - ptH -<< •'iii-.r ...SS. a I'BE 8 888888 ml i; Si*? J *B * «• I siti it i MJ III!!i: *! ; 1 =2 s a; t :>| §s E a; e t s; if fill! 5^e^; ^VliiH^^l'l-^ Fo^M^- t I, t! '[] TU»KIH*l«AplftHOlWA»i» f V~* LATEST M «»4/-MCWIOI "AASHTO" TURNING RADII P GARAGE - UNIT "A" I ,T.,t™«^. "AASHTO" TURNING RADII @ GARAGE - UNIT "B" HNM* RAD1 ftHOMN AM <N &ONPOKMANCC CWTM TM>TEST fl 4ft4T-HOKIZOMTAL&O)>(TROL MAKDAWtTTA'AA5HTI7 (AMWCAh A»*OC4ATIOM Of"*""""""' ——-••• "• DAVIS GROUP phOf». 6192325990 I M4 Smnth Anna tax 619.Z3Z.5992 I Sm 0*00, CA «ZIO! Atom* PMttlxmnt P»m« uvhtem 5/1VM pragnn ]/]/» BASEMENT LEVEL FLOOR PLAN BASEMENT LEVEL FLOOR PLAN "AASHTO" TURNING RADII A2 2ND. LEVEL FtOOR PLAN \-.—. X. ..fc^^fe t tf*:- .....,,. . ..|J.3» _| ._ J......2 j DAVIS GROUP ptan*. S19.232.5WO I 344 SMrffl AwniM In 619.2325992 I S«iDtogo.CA92l01 S/14/99 Cotttil OcvBlopntmt Pemft prognm 5/5/M niOJECT MJMBEK 1 ST. LEVEL FLOOR PLAN ZND. LEVEL FLOOR PLAN A3 DAVIS GROUP HfHUIIBUMimiUBHHB phona. 619.232.5990 I 344 Sm«rih Amnu* ft* <19.232.S992 I SinDMgo.CA 92101 BUILDING "CROSS" SECTION BUILDING "LONGITUDINAL" SECTION BUILDING ROOF PLAN BUILDING SECTIONS A4 DAVIS GROUP «i.i«n..»n«n;tw.»L. mxxm MM phone. 619.232.5990 : 3M Seventh Avenue lair 619.232.5992 ' S»n D4BOO. CA 9210? B5S5S5 NORTH (Side) ELEVATION WEST (Carlsbad Blvd.) ELEVATION SOUTH (Chestnut Ave.) ELEVATION SWETNUMBtB: