HomeMy WebLinkAboutCDP 99-33; Dakmin Condos; Coastal Development Permit (CDP) (5)City of Carlsbad
Planning Department
February 9, 2000
Dakmin, Inc.
P.O. Box 1720
Carlsbad Ca 92018
SUBJECT: CP 99-12 - Dakmin Condos
The City has completed a review of the application for a two-unit condominium development
located at the northwest comer of Garfield Street and Juniper Avenue within Local Facilities
Management Zone 1.
It is the Planning Director's determination that based on the attached conditions, the project is
consistent with the City's condominium 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 Sections 15303 & 15304 of the California Environmental Quality
Act and a Notice of Exemption was filed on December 23, 1999.
This letter, including the listed findings and conditions, constitutes APPROVAL of CP 99-12, as
shown on Exhibits "A-E" dated February 1, 2000, on file in the Planning Department and
incorporated herein by reference.
Findings;
1. That the granting of this permit will not adversely affect and will be consistent with the
Municipal Code, the General Plan, applicable specific plans, master plans, and all adopted
plans of the City and other governmental agencies, in that the project complies with the
requirements of the R-3 zone and all applicable development standards and design
criteria of the Planned Development Ordinance, the project density of 12.1du/acre is
consistent with the Residential High (RH) (15-23 du/ac) land use designation, and the
project is consistent with the Housing Element and the inclusionary housing ordinance
as the developer has been conditioned to pay an inclusionary housing in-Iieu fee per
unit.
2. That the proposed use at the particular location is necessary and desirable to provide a
service or facility which will contribute to the long-term general well-being of the
neighborhood and the community, in that the 2-unit condominium is consistent with the
surrounding development of multi-family apartment, condominium projects and single
family units.
3. That such use will not be detrimental to the health, safety, or general welfare of persons
residing or working in the vicinity, or injurious to property or improvements in the vicinity,
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559
coBcCP 99-12 - DAKMIN CCOTEOS
February 9, 2000
Page 2
in that the project will not affect the adjacent residential properties in a negative
manner, the project is consistent with the R-H General Plan and R-3 Zoning
Designations which permits duplex attached condominiums and the project conforms to
all design and development standards of the Carlsbad Municipal Code.
4. That the proposed Planned Development meets all of the minimum development standards
set forth in Chapter 21.45.090 (Planned Development Ordinance) of the City's Zoning Code,
in that no deviations or modifications from the development standards of Chapter 21.45
are proposed. The project meets all minimum development standards for attached
duplex condominiums in that the project does not exceed the allowed density of 19
dwelling units per acre; setback requirements have been met, two-car garages have
been provided for each residence; one required guest parking space has been provided,
the required private recreational facilities have been provided as roof decks, balconies
and patios; and storage spaces have been provided in the enclosed garages for each
residence.
5. That the proposed project is designed to be sensitive to and blend in with the natural
topography of the site, and maintains and enhances significant natural resources on the site,
in that the site is a previously graded level infill lot and there are no significant natural
resources located on the site.
6. That the proposed project's design and density of the developed portion of the site is
compatible with surrounding development and does not create a disharmonious or disruptive
element to the neighborhood, in that the proposal is consistent with the surrounding
development of attached multi-family units and single family units.
7. That the project's circulation system is designed to be efficient and well integrated with the
project and does not dominate the project in that adequate circulation improvements
necessary to serve this project will be provided as required by the City Engineer in
conjunction with the approval of parcel map (MS 99-11) required for this project.
8. The project is consistent with the City-Wide 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. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will
be collected prior to issuance of building permit.
C. 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.
3TO(CP 99-12 - DAKMIN COTOOS
February 9, 2000
Page 3
D. 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.
9. That the Planning Director 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 Sections 15303 & 15304 of the state
CEQA Guidelines. In making this determination, the Planning Director has found that the
exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this
project.
10. The Planning Director has reviewed each of the 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
of the exaction is in rough proportionality to the impact caused by the project.
11. That this project could have a potentially significant negative cumulative traffic impact
on the Palomar Airport Road/El Camino Real intersection. However, this project has
been conditioned to pay its fair share of the "short-term improvements" thereby,
guaranteeing implementation of a mitigation measure that reduces the potential impact
to a level of insignificance.
Conditions^
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map
approval (MS 99-11).
1. 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; 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 Condominium Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Tentative Map/Condominium Site Plan 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.
3. The Developer shall comply with all applicable provisions of federal, state, and local
ordinances in effect at the time of building permit issuance.
)rocCP 99-12 - DAKMIN CONBOS
February 9, 2000
Page 4
4. 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.
5. The 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 costs, including court costs and attorney's fees incurred by the City arising, directly or
indirectly, from (a) City's approval and issuance of this Condominium 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.
6. The Developer shall submit to the Planning Director a reproducible 24" x 36", mylar copy
of the Tentative Map/Condominium Site Plan reflecting the conditions approved by the
final decision making body.
7. The Developer shall include, as part of the plans submitted for any permit plan check, a
reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format.
8. Prior to the issuance of a building permit, the Developer shall provide proof to the Director
from the School District that this project has satisfied its obligation to provide school
facilities.
9. This project shall comply with all conditions and mitigation measures which are required as
part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan
prior to the issuance of building permits.
10. This approval is granted subject to the approval of MS 99-11/SDP 99-12/CDP 99-33 and is
subject to all conditions contained in the Administrative Approval letter for MS 99-11
and the Resolutions 4741 and 4742 of approval for SDP 99-12 and CDP 99-33.
11. This project is being approved as an air space condominium. There will be no
individual ownership of land. A note to this effect shall be placed on the final map with
the exact wording to the satisfaction of the Planning Director.
12. Building permits will not be issued for this project unless the local agency providing water
and sewer services to the project provides written certification to the City that adequate
water service and sewer facilities, respectively, are available to the project at the time of the
application for the building permit, and that water and sewer capacity and facilities will
continue to be available until the time of occupancy. A note to this effect shall be placed
on the Final Map.
CP 99-12 - DAKMIN COlEOS
February 9, 2000
Page 5
13. At issuance of building permits, or prior to the approval of a final map and/or issuance of
certificate of compliance for the conversion of existing apartments to air-space
condominiums, the Developer shall pay to the City an inclusionary housing in-lieu fee as an
individual fee on a per market rate dwelling unit basis in the amount in effect at the time, as
established by City Council Resolution from time to time.
14. The Developer shall establish a homeowner's association and corresponding covenants,
conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Planning
Director prior to final map approval. Prior to issuance of a building permit the Developer
shall provide the Planning Department with a recorded copy of the official CC&Rs that have
been approved by the Department of Real Estate and the Planning Director. At a minimum,
the CC&Rs shall contain the following provisions:
A. General Enforcement by the City. The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in
favor of, or in which the City has an interest.
B. Notice and Amendment. A copy of any proposed amendment shall be provided to
the City in advance. If the proposed amendment affects the City, City shall have the
right to disapprove. A copy of the final approved amendment shall be transmitted to
City within 30 days for the official record.
C. Failure of Association to Maintain Common Area Lots and Easements. In the event
that the Association fails to maintain the "Common Area Lots and/or the
Association's Easements" as provided in Article , Section
the City shall have the right, but not the duty, to perform the necessary maintenance.
If the City elects to perform such maintenance, the City shall give written notice to
the Association, with a copy thereof to the Owners in the Project, setting forth with
particularity the maintenance which the City finds to be required and requesting the
same be carried out by the Association within a period of thirty (30) days from the
giving of such notice. In the event that the Association fails to carry out such
maintenance of the Common Area Lots and/or Association's Easements within the
period specified by the City's notice, the City shall be entitled to cause such work to
be completed and shall be entitled to reimbursement with respect thereto from the
Owners as provided herein.
D. Special Assessments Levied by the City. In the event the City has performed the
necessary maintenance to either Common Area Lots and/or Association's Easements,
the City shall submit a written invoice to the Association for all costs incurred by the
City to perform such maintenance of the Common Area Lots and or Association's
Easements. The City shall provide a copy of such invoice to each Owner in the
Project, together with a statement that if the Association fails to pay such invoice in
full within the time specified, the City will pursue collection against the Owners in
the Project pursuant to the provisions of this Section. Said invoice shall be due and
payable by the Association within twenty (20) days of receipt by the Association. If
the Association shall fail to pay such invoice in full within the period specified,
CP 99-12 - DAKMIN CONOOS
February 9, 2000
Page 6
payment shall be deemed delinquent and shall be subject to a late charge in an
amount equal to six percent (6%) of the amount of the invoice. Thereafter the City
may pursue collection from the Association by means of any remedies available at
law or in equity. Without limiting the generality of the foregoing, in addition to all
other rights and remedies available to the City, the City may levy a special
assessment against the Owners of each Lot in the Project for an equal prorata share
of the invoice, plus the late charge. Such special assessment shall constitute a charge
on the land and shall be a continuing lien upon each Lot against which the special
assessment is levied. Each Owner in the Project hereby vests the City with the right
and power to levy such special assessment, to impose a lien upon their respective Lot
and to bring all legal actions and/or to pursue lien foreclosure procedures against any
Owner and his/her respective Lot for purposes of collecting such special assessment
in accordance with the procedures set forth in Article of this Declaration.
E. Landscape Maintenance Responsibilities. The HO As and individual lot or unit
owner landscape maintenance responsibilities shall be as set forth in
Exhibit .
15. This project is being approved as a condominium permit for residential
homeownership purposes. If any of the units in the project are rented, the minimum time
increment for such rental shall be not less than 26 days. The CC&Rs for the project shall
include this requirement.
16. The developer shall submit to the Planning Director a recorded copy of the Condominium
Plan which is in conformance with the City approved documents and exhibits.
17. Prior to the issuance of the Building Permit, Developer shall submit to the City a Notice of
Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the
Planning Director, notifying all interested parties and successors in interest that the City of
Carlsbad has issued a Condominium Permit, file No. CP 99-12 on the real property owned
by the Developer. 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 Planning
Director 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.
18. The Developer shall pay his fair share for the "short-term improvements" to the El
Camino Real/Palomar Airport Road intersection prior to or the issuance of a building
permit, whichever occurs first. The amount shall be determined by the methodology
ultimately selected by Council, including but not limited to, an increase in the city-wide
traffic impact fee; an increased or new Zone 1 LFMP fee; the creation of a fee or
assessment district; or incorporation into a Mello-Roos taxing district.
CP 99-12 - DAKMIN
February 9, 2000
Page?
STANDARD CODE REMINDERS
Fees
19. The Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map
as required by Chapter 20.44 of the Carlsbad Municipal Code.
20. Developer shall pay the License Tax on new construction imposed by Carlsbad Municipal
Code Section 5.09.030, and CFD #1 special tax (if applicable), and the Citywide Public
Facilities Fee imposed by City Council Policy #17, subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local
Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxes/fees
shall be paid at issuance of building permit. If the taxes/fees and not paid, this approval will
not be consistent with the General Plan and shall become void.
Final Map Notes
21. A note shall be placed on the Final Map stating that building permits will not be issued for
this project unless the local agency providing water and sewer services to the project
provides written certification to the City that adequate water service and sewer facilities,
respectively, are available to the project at the time of the application for the building permit,
and that water and sewer capacity and facilities will continue to be available until the time of
occupancy.
General
22. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
23. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Planning.
24. Prior to occupancy of the first dwelling unit the Developer shall provide all required passive
and active recreational areas per the approved plans, including landscaping and recreational
facilities.
25. Addresses, approved by the Building Official, shall be placed on all new and existing
buildings so as to be plainly visible from the street or access road; color of identification
and/or addresses shall contrast to their background color, as required by Carlsbad Municipal
Code Section 18.04.320.
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."
CP 99-12 - DAKMIN CON0OS
February 9, 2000
PageS
You have 90 days from 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.
If you have any further questions, please call Greg Fisher in the Planning Department at (760) 602-
4629.
Sincerely,
MICHAEL J. HOLZMILLER
Planning Director
GFxs
David Rick
Chris DeCerbo
File Copy
Data Entry
TheCity of CARLSBAD Planning Department
A REPORT TO THE PLANNING COMMISSION
Item No.
P.C. AGENDA OF: March 15, 2000
Application complete date:
Project Planner:
Project Engineer:
August 18, 1999
Greg Fisher
David Rick
SUBJECT: SDP 99-12/CDP 99-33 - DAKMIN CONDOS - Request for approval of a Site
Development Plan and Coastal Development Permit to develop a two-unit
residential condominium on a site located at the northwest corner of Garfield
Street and Jumper Avenue within Local Facilities Management Zone 1.
I.RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolutions No. 4741 and 4742
APPROVING SDP 99-12 and CDP 99-33 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 .165-acre infill site located at the northwest corner of Garfield
Street and Juniper 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 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 and Coastal Development Permit. The project's proposed density of
12.1 dwelling units per acre is below the 19 dwelling 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. 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.
III. PROJECT DESCRIPTION AND BACKGROUND
The .165 acre project site is located at the northwest corner of Garfield Street and Juniper
Avenue. The in-fill site has been previously graded and is relatively level. The site is currently
developed with an existing two family 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, south
and west are also zoned R-3 and also have an RH General Plan designation. The surrounding
SDP 99-12/CDP 99-33 - DAKMIN CONDOS
March 15, 2000
Page 2
development consists of attached two family projects to the north and east, attached multi-family
units to the south, vacant lot 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 2,150 square feet each. The
structure incorporates a variety of architectural facade materials including ship lap siding and
sand finished stucco. There are stainless steel cable rails with painted steel top rail supports,
steel pipe deck columns, wood casement windows and trim, and textured paving surfaces. The
proposed colors and materials for the building are light earth tone colored stucco walls with
complementary colored trim. Roofing materials consist of light weight slate tile shingles. Other
features of the proposed project include private patios, balconies and roof decks. On-site parking
will consist of two-car garages for each unit. Building height for the proposed structure is 30
feet. The project also includes a common passive recreation area and one at-grade guest parking
space.
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 Municipal Code);
C. Local Coastal Program (Mello II segment);
D. Inclusionary Housing (Chapter 21.85 of the Carlsbad Municipal Code); and
E. Growth Management (Chapter 21.90 of the Carlsbad Municipal Code).
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 7,200 square foot (.165-acre)
rectangular shaped lot. Development at the growth control point would allow 3.13 units on the
property. The proposed project is for two condominium units at a density of 12.1 dwelling units
SDP 99-12/CDP 99-33 -
March 15, 2000
Page 3
CONDOS
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 12.1 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 will not have any
environmental impacts
to the existing developed
site.
Project will conform to
all NPDES
requirements.
All public facilities
including curb, gutter
and sidewalk exist along
the property frontage.
COMPLY
Yes
Yes
Yes
Yes
Yes
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
SDP 99-12/CDP 99-33 - D
March 15, 2000
Page 4
IN CONDOS
developments; 3) ensure that public facilities exist to serve the beach area; and 4) protect the
unique mix of residential development and aesthetic quality of the area.
The proposed two story structure, with a building height of 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 project will have building elevations to include elements currently found
in the neighborhood attempting to blend into the surrounding development.
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 was approved by the Planning Director subject to the Planning Commission's actions on
the SDP and CDP.
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
Max. Lot Coverage (R-3)
Min. Front Setback (PUD)
Min. Side Setback (R-3)
Min. Street Side Setback (PUD)
Min. Street Side Setback for
corner lots with garages facing
onto the street side yard
Max. Building Height (BAOZ)
Resident Parking (PUD)
Visitor Parking (PUD)
PERMITTED/
REQUIRED
7,500 sf
60%
20' (public st)
measured from row
5'
10'
20'
3072 stories
4 covered spaces
(2 full-sized covered spaces/du)
1 space
L(l sp/2 du)
PROPOSED
*7,200sf (Existing)
46%
20'
6'
12'
20.4"
3072 stories
4 covered spaces (Garages)
1 space
*21.46.210 Substandard lots
When a lot has less than the minimum required area or width as set forth in any of the zones contained
herein, or in a precise plan, and was of record on the effective date of the ordinance codified in the
title, such lot shall be deemed to have complied with the minimum required lot area or width as set
forth in any such zone or precise plan. The lot area per dwelling unit shall, however, remain as
specified in the applicable area district, except that in no instance shall this provision prevent the
erection of a single-family dwelling on any substandard lot.
DAKMISDP 99-12/CDP 99-33 - DAKMIN CONDOS
March 15, 2000
Page 5
Recreational Space (PUD)
1. Private
2. Common passive
1. Total: 400 sf (200 sf7du)
200sf7du
2. 200 sf (total)
1. Total: 1,504 (Balconies,
decks & patios)
200+ sf/du
200 sf (total)
C. 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
does not preclude any recreational opportunities or shoreline access as the property is not a
shorefront property; G) and the development does not obstruct views of the coastline as seen
from public lands or public right of way. Given the above, the project is consistent with the
Mello II segment land use policies.
D. 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-lieu fee or other in-lieu contribution.
Therefore, this project has been conditioned to pay an in-lieu fee prior to building permit
issuance.
SDP 99-12/CDP 99-33 - D
March 15, 2000
Page 6
SJCM:IN CONDOS
E. 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 I below.
Table B: 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 No. 1 & 3
n/a
CUSD
2EDU
440 GPD
COMPLIANCE
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
The project is 1.13 dwelling units below the Growth Management Dwelling Unit allowance of
3.13 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
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
SDP 99-12/CDP 99-33 - DTOCMIN CONDOS
March 15, 2000
Page?
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. 4741 (SDP)
2. Planning Commission Resolution No. 4742 (CDP)
3. Location Map
4. Background Data Sheet
5. Local Facilities Impact Assessment Form
6. Disclosure Statement
7. Reduced Exhibits
8. Exhibit "A" - "E" dated March 15, 2000
GFmh
SITE
DAKMIN CONDOS
SDP 99-12/CDP 99-33
BACKGROUND DATA SHEET
CASE NO: SDP 99-12/CDP 99-33
CASE NAME: Dakmin Condos
APPLICANT: Dakmin Inc.
REQUEST AND LOCATION: Two unit condominium project located at the southwest corner
of Garfield Street and Juniper Avenue in the northwest quadrant of the City.
LEGAL DESCRIPTION: Lot E. Block 2. Palisades Heights. Map 1777
APN: 204-232-05 Acres: 7.200 Sa 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: 12.1 du/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 R-3 Vacant
PUBLIC FACILITIES
School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad
Equivalent Dwelling Units (Sewer Capacity): 2
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 99-12/CDP 99-33 - Dakmin Condos
LOCAL FACILITY MANAGEMENT ZONE: 1 GENERAL PLAN: RH
ZONING: R-3
DEVELOPER'S NAME: Dakmin. Inc.
ADDRESS: P.O. Box 1720 Carlsbad Ca 92018
PHONE NO.: 760-730-3401 ASSESSOR'S PARCEL NO.: 204-232-05
QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 7.200 square feet
ESTIMATED COMPLETION DATE: December 2000
A. City Administrative Facilities: Demand in Square Footage = 6.95
B. Library: Demand in Square Footage = 3.71
C. Wastewater Treatment Capacity (Calculate with J. Sewer) 2 EDU
D. Park: Demand in Acreage = .01
E. Drainage: Demand in CFS = .55
Identify Drainage Basin = A
(Identify master plan facilities on site plan)
F. Circulation: Demand in ADT= 20
(Identify Trip Distribution on site plan)
G. Fire: Served by Fire Station No. = 1
H. Open Space: Acreage Provided = N/A_
I. Schools: Elm=458. JHS=.1Q4. HS=28 Total=.842
J. Sewer: Demands in EDU 2 EDU
Identify Sub Basin = 1H_
(Identify trunk line(s) impacted on site plan)
K. Water: Demand in GPD = 440
L. The project is 1.14 units below the Growth Management Dwelling unit allowance.
JUM. 29.3: 02PM HflMRNM CONSTRUCTION NO. 086 P. 9/11
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:
1. APPLICANT
List the names and addresses of all persons having a financial interest in the
application.
2.
-f o
OWNER
List the names and addresses of all persons having any ownership interest in the
property involved.
<;>
If any person identified pursuant to (1) or (2) above is a corporation or partnership,
list the names and addresses of a|l individuals owning more than 10% of the shares
in the corporation or owning any partnership interest in the partnership.
V~. \^fr\)v& VYXfl-fcVLUfrX
If any person identified pursuant to (1) or (2) above is a non-profit organization or a
trust, list the names and addresses of any person serving as officer or director of
the non-profit organization or as trustee or beneficiary of the trust.
2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 - (619) 438-1161 • FAX (G19) 438-O894
jun.<;y. iyyy j-ia^^n HHrn-im LunbiKUCi iun NO.086 P. 10/11
5. Have you had mole than $250 worth of business transa^ad with any member of
City staff, Boards, Commissions, Committees and/or Council within the past twelve
(12) months?
fl Yes FA) No If yes, please indicate person(s):
Person is defined as "Any. individual, firm,co-partnership,joint venture, association, social club,
friternaj organization, corporation, estate, trust, receive^ syndicate, this and any other county, city
and county, city municipality, district Brother political subdivision or any other group or'' '
NOTE: Attach additional sheets if necessary.
//I
Signature of owner/dtfte Signature of applicant/date
Print or type name of owner Print or type name of applicant
Disclosure Statement 10/96 Page 2 of 2
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