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Home My WebLink AboutPUD 13-05; Golden Surf; Private Development (PD)4~_A. C I T Y 0 F ~VCARLSBAD Community & Economic Development February 3, 2014 Karnak Planning & Design Robert Richardson PO Box 810 Carlsbad, CA 92018 SUBJECT: MINOR PLANNED DEVELOPMENT PERMIT-PUD 13-05-GOLDEN SURF www.carlsbadca.gov The City has completed a review of the application for a minor planned development project to construct a three- car garage and new living space attached to an existing single-family home located at 6796 Paseo Del Norte. The project site is located in Specific Plan 20, which specifies that since the property has a P-C zone, any development requires a Planned Development Permit. It is the City Planner's determination that based on the attached conditions, the project is consistent with the City's Planned Development regulations (Chapter 21.45) and with all other applicable City Ordinances and Policies. This memo, including the listed findings and conditions, constitutes approval of Minor Planned Development -;>ermit PUD 13-05. Findings: 1. The proposed project is consistent with the general plan, and complies with all applicable provisions of this chapter, and all other applicable provisions of the Carlsbad Municipal Code, in that the project is consistent with the General Plan which allows for residential uses within the Residential Medium (RM) Density land use designation. One single-family home is developed on the site. The existing garage is proposed to be removed and reconstructed in a similar location .and contain habitable space for the existing home. All proposed improvements comply with the development standards of Chapter 21.45 of the Carlsbad Municipal Code. 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 demolition of an existing garage and the development of a new garage on a property that is adjacent to two-story multi-family uses and single-family homes and has all necessary public facilities constructed. No increase in density is proposed with this project and the primary access to the site will remain from an existing private driveway accessed from Camino De Las Ondas. 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 Planned Development Ordinance (CMC Chapter 21.45) of the Carlsbad Municipal Code. 4. The project's design, including architecture, streets, and site layout: a. Contributes to the community's overall aesthetic quality, in that the new attached garage contains multiple roof plans, a roof deck and a balcony. b. Includes the use of harmonious materials and colors, and the appropriate use of landscaping, in that the new attached garage incorporates similar design and materials of the existing single- family home. c. Achieves continuity among all elements of the project, in that the existing garage has a nonconforming setback. The new attached garage will be located to meet all current setback requirements and all other applicable development standards. .. Planning Division ~~·----~---------------------------------------------------------- -" 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® PUD 13-05-GOLDEN SURF February 3, 2014 Page 2 5. That the City Planner 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 15303 -New Construction or Conversion of Small Structures of the state CEQA Guidelines. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 6. That the request for a Minor Planned Development Permit was adequately noticed at least ten (10) calendar days before the date of this decision pursuant to Section 21.54.060 of the Carlsbad Municipal Code. 7. The City Planner 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. Approval is granted for Minor Planned Development Permit PUD 13-05 -Golden Surf as shown on Exhibit(s) "A''-"1", dated January 31, 2014, on file in the Planning Division and incorporated herein by reference. 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 Minor Planned Development Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor Coastal 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. 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. 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 Minor Planned Development Permit, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, 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 13-05-GOLDEN SURF February 3, 2014 Page 3 6. 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. 7. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), 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 20, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 8. 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 City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Minor Planned Development Permit 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 City Planner 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. 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. 10. This approval is granted subject to the approval of COP 13-12 and is subject to all conditions contained in the approval letter dated February 3, 2014. 11. Unless otherwise stated herein, this planned development project shall comply with all applicable City Ordinances and requirements. If you have any further questions, please call Chris Garcia in the Planning Division at 760-602-4622. Sincerely, -~~Glo CHRIS DeCERBO Principal Planner CD:CG:sm c: Farzan Dehmoubed, 6798 Paseo Del Norte, Carlsbad, CA 92011 Don Neu, City Planner Chris DeCerbo, Principal Planner Steve Bobbett, Project Engineer File Copy Data Entry/OMS