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HomeMy WebLinkAboutPUD 10-02; Sandwell PD; Planned Unit Development - Non-Residential (PUD)CITY OF Planning Division www.carlsbadca.gov JulyS, 2010 HowesWeiler & Associates Mike Howes 5927 Balfour Court Carlsbad, CA 92008 SUBJECT: MINOR PLANNED DEVELOPMENT PERMIT PUD 10-02/MINOR SUBDIVISION MAP MS 10-03 Dear Mr. Howes, The City has completed a review of the application for a minor planned development permit to convert two detached single family dwelling units on an 8,750 SF Residential Professional zoned lot into two airspace condominium units located at 3390 Roosevelt Street and 630 Chestnut Avenue. 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. A notice was sent to property owners within a 300' radius of the subject property requesting comments regarding the above request. No comments were received within the ten day notice period (ending on June 14, 2010). Further, the project has been found to be categorically exempt from environmental review according to Section 15301(k) (Division of existing single family residences into common-interest ownership) of the California Environmental Quality Act and a notice of exemption was filed on July 7, 2010. This memo, including the listed findings and conditions, constitutes approval of Minor Planned Development Permit PUD 10-02. Findings: 1. The proposed project is consistent with the general plan, and complies with all applicable provisions of CMC Chapter 21.45, and all other applicable provisions of the Zoning Ordinance, in that the General Plan Land Use designation for the property is Residential Medium High (RMH)/Office (O). The site is designated as a Combination District in the General Plan Land Use Element and therefore requires the approval of a Site Development Plan. SDP 06-08 was previously approved on December 6, 2006 to allow for residential development at this site. The RMH Land Use designation allows for the development of one-family, two-family, and multiple-family residential units within a density range of 8 - 15 dwelling units per acre (du/ac) and at a Growth Management Control Point (GMCP) of 11.5 du/ac. The site consists of two existing residential structures with a density of 10 dwelling units per acre. Furthermore, the project complies with all applicable development standards of the R-P Zone, the Zoning Ordinance, and specifically Chapter 21.45 of the Carlsbad Municipal Code. The project is compatible with the surrounding residential uses. 2. The proposed project will not be detrimental to existing uses, or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings, or traffic, in that the project involves the conversion of two existing detached dwelling units into airspace condominiums, in which all necessary public 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 PUD 10-02 - SANDWELL PD July?, 2010 Page 2 facilities are constructed and in place. The proposed condominium units require no standards variances and are compatible with surrounding one family, two family, and multi-family residential uses, and no negative circulation impacts will result as the existing roadways (Roosevelt Street and Chestnut Avenue) are adequate to accommodate the traffic generated by this project. 3. The project will not adversely affect the public health, safety, or general welfare, in that the project complies with all applicable development standards of the R-P Zone and Chapter 21.45 of the Carlsbad Municipal Code. The project is compatible with the surrounding residential uses. 4. The project's design, including architecture, streets, and site layout: a) contributes to the community's overall aesthetic quality; b) includes the use of harmonious materials and colors, and the appropriate use of landscaping; and c) achieves continuity among all elements of the project, in that the existing ranch and contemporary architecture style residences with attached garages are similar to other surrounding developed residential projects to the north, south, east and west. Architectural design elements include a variety of roof planes, off-set building projections, exposed wood rafter tails, stone wrapped columns, varied window shapes and a decorative mansard roof which is aesthetically pleasing and an attribute to the neighborhood. The project's landscaping consists of a variety of plant materials to enhance the visual appearance of the units. All elements (i.e. site layout, architecture, landscaping) create continuity in the overall project design and the project is similar to a variety of architectural styles that exist within the older established neighborhood. 5. The project is consistent with the Citywide 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. 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. c. 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. 6. 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 Section 15301(k) (Division of existing single family residences into common-interest ownership) 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. PUD 10-02 - SANDWELL PD July 7, 2010 Page 3 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. 8. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to Recordation of the associated Parcel Map (MS 10-03). 1. _ Approval is granted for PUD 10-02 as shown on Exhibit "A" dated June 21, 2010, on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. 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. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Planned Development Permit 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. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations 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. 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 Planned Development 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. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. PUD 10-02 - SANDWELL PD July?, 2010 Page 4 7. Developer shall submit to the Planning Department a reproducible 24" x 36," mylar copy of the Site Plan reflecting the conditions approved by the final decision making body prior to recordation of Parcel Map MS 10-03. 8. Prior to final parcel map, the Developer shall provide proof to the Director from the Carlsbad Unified 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 final parcel map. 10. This approval is granted subject to the approval of Minor Subdivision MS 10-03 and is subject to all findings and conditions contained in the City's administrative approval letter . - for this other approval incorporated herein by reference. 11. 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 31 days. The CC&Rs for the project shall include this requirement. 12. The Developer shall submit to the Planning Director a recorded copy of the Condominium Plan filed with the Department of Real Estate which is in conformance with the City approved documents and exhibits. 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. 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 final parcel map, 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 PUD 10-02 - SANDWELL PD July 7, 2010 Page 5 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, 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 pro rata 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 HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit . f. Balconies, trellis, and decks. The individual lot or unit owner allowances and prohibitions regarding balconies, trellis and decks shall be as set forth in Exhibit . 15. Prior to the recordation of the associated Parcel Map (MS 10-03), 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 Minor Planned Development Permit PUD 10-02 - SANDWELL PD on the property. 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. 16. Developer shall pay park-in-lieu fees to the City, prior to the recordation of the parcel map as required by Chapter 20.44 of the Carlsbad Municipal Code. 17. 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 wording to the satisfaction of the City Engineer and the Planning Director. 18. Prior to final Parcel Map, the developer shall submit one (1) copy of a compliance inspection performed on the property by the Building Department. PUD 10-02 - SANDWELL PD July?, 2010 Page6 19. This project approval becomes null and void upon the expiration or withdrawal of Parcel Map (MS 10-03). General: 20. Developer shall give all notices of the condominium conversion to all tenants as required by the Subdivision Map Act and the Carlsbad Municipal Code. 21. 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. 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. If you have any further questions, please call Greg Fisher in the Planning Department at (760) 602- 4629. Sincerely, CHRIS DeCERBO Principal Planner CD:GF:bd Sandwell Family Trust, 3390 Roosevelt Street, Carlsbad, CA 92008 Steven Bobbett, Project Engineer Chris DeCerbo, Team Leader File Copy Data Entry