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Home My WebLink AboutCP 00-10A; Ocean Villas B; Condo Permit (CP)CITY OF CARLSBAD Planning Division www.carlsbadca.gov August 31, 2011 Tim Martin 2333 State Street, Ste. 103 Carlsbad, CA 92008 SUBJECT: PLANNED DEVELOPMENT PERMIT MINOR AMENDMENT NO. CP OO-IO(A) - OCEAN VILLAS UNIT B - A request to add approximately 110 square feet of habitable floor area through the conversion of an existing mezzanine to a third floor within an existing condominium located at 2494 Ocean Street, Unit B, in the Oceans Villas Condominium project in Local Facility Management Zone 1. APN: 203-022-02-02 Dear Mr. Martin: The Planning Director has completed review of your application for a Planned Development Permit Minor Amendment to add approximately 110 square feet of habitable floor area through the conversion , of an existing mezzanine to a third floor within an existing condominium located at 2494 Ocean Street, Unit B, in the Oceans Villas Condominium project. After careful consideration of this request, including written and verbal comments and objections from surrounding property owners, if any, the Planning Director has determined that the findings required for granting a Planned Development Permit Minor Amendment can be made and, therefore, APPROVES this request based upon the following findings and conditions: Findings 1. That the proposed Planned Development Permit Minor Amendment complies with the standard setback requirements for the Planned Development Ordinance, in that the Planned Development Permit Minor Amendment to add approximately 110 square feet of habitable floor area through the conversion of an existing mezzanine to a third floor within an existing condominium will not expand the existing building footprint. 2. That the proposed addition is architecturally compatible with the existing residence, in that, the exterior elevations will be comprised of similar materials and features as the existing structure. 3. That the Planning Director has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15301(e)(l), Addition to an existing structure, of the State CEQA Guidelines and will not have any adverse significant impact on the environment. 4. That all necessary public improvements have been provided. 5. That the proposed addition is compatible with the surrounding future land uses in that, the Planned Development Permit Minor Amendment to add approximately 110 square feet of habitable floor area through the conversion of an existing mezzanine to a third floor within an existing condominium, is consistent with the current Residential Medium-High (RMH) Density 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® CP OO-IO(A) - OCEAN VILLAS UNIT B August 31, 2011 Page 2 land use designation and the Multiple-Family Residential (R3) zone, and is compatible with the existing surrounding single-family, two-family, and multi-family uses. 6. That the project is consistent with the City's Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 1. 7. 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. Conditions 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; 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 Minor Amendment. 2. The Planning Director does hereby APPROVE the PLANNED DEVELOPMENT PERMIT MINOR AMENDMENT NO. CP OO-IO(A) for the project entitled "Ocean Villas Unit B," Exhibits "A - G," dated August 31, 2011, (on file in the Planning Division and incorporated by this reference), subject to the conditions herein set forth. Development shall occur substantially as shown on the approved Exhibit. Any proposed development substantially different from this approval shall require an amendment to this approval. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the CP OO-IO(A) 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. The Developer shall comply with all applicable provisions of federal, state, and local ordinances 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. 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. CP OO-IO(A) - OCEAN VILLAS UNIT B August 31, 2011 Page 3 7. Developer shall comply with the City's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution treatment practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to Stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. Code Reminders 8. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 9. 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. 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 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. City of Carlsbad CHRIS DeCERBO Principal Planner CD: DH:bd Keith Vanderhout, 10679 N. Frank Lloyd Wright #103, Scottsdale, AZ 85259 Don Neu, City Planner Chris DeCerbo, Team Leader David Rick, Project Engineer Data Entry File Copy