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HomeMy WebLinkAboutCD 2022-0006; PACIFIC WIND CARPORTS; Admin Decision LetterMarch 17, 2022 Mike Van Buskirk 933 Woodlake Drive Cardiff, CA 92007 SUBJECT: CD 2022-0006 (DEV15058) -PACIFIC WIND CARPORTS ('Cityof Carlsbad 8FILE COPY IY/,.,,1«1 '5/ ,-,/22. The City Planner has completed a review of your application for CD 2022-0006, (APNs: 204-291-14-00; 204-291-19-00 -27-00; 204-292-02-00; 204-292-10-00 -14-00; 204-292-16-00 -22-00) which is a modification to SDP 15-18/CDP 16-04/MS 16-01-PACIFIC WIND, a request for the demolition of 44 residential units and the construction of a 93-unit apartment (92 affordable units) development, including a development standards modification, and a street abandonment for a portion of Harding Street near the intersection of Carol Place, in the Residential-Density Multiple Zone and within Local Facilities Management Zone 1. After careful consideration of the request, the City Planner has determined that the request meets all of the findings below and APPROVES this request. The proposed modifications include: • Change in design from 12 previously approved 12'-8"-high carports to 12 shade structures measuring 12'-8" in height. Photovoltaic panels will serve as the roofing material for six of the twelve shade structures. Metal roofs are proposed for the remaining six shade structures. In order for a Discretionary Permit Consistency Determination to be approved, all of the following findings must be made: 1} No project condition, feature, facility or amenity is changed or deleted that had been considered essential to the project's design, quality, safety or function in that the overall project does not significantly change and the proposed land use and project layout remain unchanged. The proposed changes do not significantly change the project's design, quality, safety or function. 2) The request represents an upgrade in overall design features and or materials and improves upon the project's compatibility with the surrounding neighborhood. 3} The proposed revision does not change the density or boundary of the subject property in that the proposed change in carport design and function does not alter the project's previously approved density or boundaries. 4) The proposed revision does not involve the addition of a new land use not shown on the original permit in that the proposed change to carport design and function does not alter the property's residential land use as originally approved. Community Development Department Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov CD 2022-0006 (DEV15058)-PACIFIC WIND CARPORTS March 17, 2022 Page 2 5) The proposed revision does not rearrange the major land uses within the development in that the proposed land use remains residential as originally approved. 6) The proposep revision does not create changes of greater than ten percent provided that compliance. will be maintained with the applicable development standards of the Carlsbad Municipal Code in that the change in carport design and function does not change the proposed buildings' heights, areas, or setbacks. Additionally, the proposed changes to the project comply with all applicable development standards of the Carlsbad Municipal Code. 7) The proposed change will not result in any significant environmental impact, and/or require additional mitigation in that the proposed project is not substantially different than what was previously approved. 8) The proposed change would not result in any health, safety or welfare impacts. mitigation in that the proposed project is not substantially different than what was previously approved. 9) There were not any major issues or controversies associated with the original project which would be exacerbated with the proposed change in that the carport design and function were not the subject of controversy associated with the project. 10) The proposed change would not be readily discernable to the decision makers as being substantially different from the project as originally approved in that the proposed project is not substantially different than what was previously approved. The proposed changes will not affect the existing buildings' heights, areas, setbacks, or architectural style. Therefore, the City Planner has determined that the application qualifies for a consistency determination with the approved permit and approves the changes to the project based on Planning Division Administrative Policy No. 35. CD 2022-0006 (DEV15058) -PACIFIC WIND CARPORTS March 17, 2022 Page 3 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020{a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3,32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. This decision may be appealed by you or any other member of the public to the Planning Commission within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division at 1635 Faraday Avenue in Carlsbad, along with a payment of $786. The filing of such appeal within such time limit shall stay the effective date of the order of the City Planner until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel to contact Esteban Danna at (442) 339-2629. CITY OF CARLSBAD ~~ DON NEU, AICP City Planner DN:ED:cf c: Harding Street Neighbors, LP, 14211 Yorba Street, Suite 200, Tustin, CA 92780 David Rick, Project Engineer Laserfiche/File Copy Data Entry