HomeMy WebLinkAboutPUD 2017-0003; CAZADERO DRIVE CONDOMINIUM PROJECT; Admin Decision LetterI—II cn "Lt CarlsbadiC City of
March 19,2018
Joy Christensen
Christensen Engineering & Surveying
Suite J
7888 Silverton Avenue
San Diego, CA 92126
SUBJECT: PUD 2017-0003/MS 2017-0003 (DEV2017-0134) - CAZADERO DR CONDO PROJECT -
Request for approval of a Minor Planned Development Permit and Tentative Parcel Map
(PUD 2017-0003/MS 2017-0003) for the development of two attached airspace
condominiums. The subject property is located on the north side of Cazadero Drive
between Corintia Street and Urubu Street, in the Two-Family Residential (R-2) Zone and
Local Facilities Management Zone 6.
Dear Ms. Christensen,
The City Planner has completed a review of your application for a Minor Planned Development Permit
and Tentative Parcel Map (PUD 2017-0003/MS 2017-0003) located on the north side of Cazadero Drive
between Corintia Street and Urubu Street (215-320-36-00). A notice was sent to property owners within
a 300-foot radius of the subject property requesting comments regarding the above request. No
comments were received within the ten day notice period (ending on March 15, 2018). After careful
consideration of the circumstances surrounding this request, the City Planner has made a decision
pursuant to Section 21.45.050 of the City of Carlsbad Municipal Code to APPROVE this request based on
the following findings and subject to the conditions listed below.
Findings;
1. That the proposed project is consistent with the general plan, and complies with all applicable
provisions of Chapter 21.45, and all other applicable provisions of the Carlsbad Municipal Code, in
that the proposed density of 8.5 dwelling units per acre for the two-family residential air-space
condominium project exceeds the R-8 Residential Land Use designation (4-8 du/acre). However,
pursuant to Land Use Policy 2-P.15, the development of a two-family dwelling on all lots which
legally existed and were zoned R-2 as of December 1,1986, regardless of the density allowed by the
residential land use designation are permitted, provided the development of the dwellings complies
with alt applicable development standards. As proposed, the project is consistent with all
development and design standards applicable to the property as contained in Chapters 21.12 (Two-
Family Residential Zone (R-2) and 21.45 (Planned Developments) of the Carlsbad Municipal Code.
2. That 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 two-family residential air-space condominium project is
Community & Economic Development
Planning Division j 1635 Faraday Avenue Carlsbad, CA 92008-7314 j 760-602-4600 | 760-602-8560 f| www.carlsbadca.gov
• \ n s ;■>PUD 2017-b003/MS 2017^003 (PEV20j.7^134) - CAZADERO DR CONDO PROJECT
March 19,2018 . -^ ,
Page 2 : . ' -i -
compatible with existing surrounding single-family and two-family residential uses as permitted by
the Two-Family Residential (R-2) Zone; and does not create any traffic circulation Impacts as
Cazadero Drive Is adequately designed to accommodate the 16 Average Daily Trips (ADT) being
generated.
r3. That the project wiii not adverseiy affect the pubiic heaith, safety or generai weifare, in that the
project complies with all applicable development standards of the Planned Development Ordinance
(CMC Chapter 21.45) of the Carlsbad Municipal Code and the project Is not requesting a variance
from any of the required standards.
4. That the project's design, including architecture, streets and site layout:
a. Contributes to the community's overall aesthetic quality, in that the two-family residential
airspace condominium project, with two-story construction and direct entry two-car
garages, is similar to. development in the surrounding area. The project proposes front
facing windows and entry doors, offset garage planes and stepped back second floors to
enhance visual Interest from the street;
b. includes the use of harmonious materials and colors, and the appropriate use of landscaping,
in that smooth colored stucco is utilized on all first story building elevations with fiber
cement siding utilized on the second floor elevations. The front elevation will also feature
decorative eaves, gable vents, accent materials and frosted glass garage doors while the
rear elevation has second story balconies. The 10,000 square foot-plus lot size will be able
to accommodate a moderate level of landscaping Including large shade trees along the
street frontage, screening/buffer trees along the sides of the property, and side and rear
yard ground cover Including shrubs, accent succulents and flowering plants; and
c. Achieves continuity among ail elements of the project, in that all elements (i.e. site layout,
architecture, landscaping) create continuity in the overall project design and the project will
blend In given the variety of architectural styles within the surrounding neighborhood.
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(b) - 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. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
8. 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 Ihe project, and the extent and the degree of the exaction is in rough
proportionality to the impact caused by the project.
PUD 2017-0003/MS 2017-0003 (DEV2017-0134) - CAZADERO DR CONDO PROJECT
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Conditions;
Unless otherwise specified herein, all conditions shall be satisfied prior to'issuance of a grading or building
permit, or recordation of the Final Map, whichever occurs first.
1. Approval Is granted for PUD 2017-0003/MS 2017-0003 as shown on Exhibits "A" - "M" dated March
15, 2018 on file in the Planning Division 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 thel^r terms, to be implemented and
maintained overtime. 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 Pianned Deveiopment Permit and Tentative
Parcei Map.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Minor Pianned Deveiopment Permit and Tentative Parcei Map 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 compiles 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 Minor Planned Deveiopment Permit and Tentative Parcel Map, (b) city's approval or issuance
of any permit of action, whether discretionary or nondiscretlonary. 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.
7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division
from the San Marcos School District that this project has satisfied its obligation to provide school
facilities.
PUD 2017-0003/MS 2017-0003 (DEV2017-0134) - CAZADERO DR CONDO PROJECT
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8. This project shall comply with all conditions and mitigation measures which are required as part of
the Zone 6 Local Facilities Management Plan and any amendments made to that Plan prior to the
issuance of building permits.
9. 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.
10. Developer shall report, in writing, to the City Planner within 30 days, any address change from that
which is shown on the permit application.
11. 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.
12. 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 and Tentative Parcel Map 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.
13. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan
showing conformance with the approved Preliminary Landscape Plan and the city's Landscape
Manual. Developer shall construct and install all landscaping and Irrigation as shown on the approved
Rnal Plans. All landscaping shall be maintained in a healthy and-thriving condition, free from weeds,
trash, and debris. All irrigation systems shall be maintained to provide the optimum amount of water
to the landscape for plant growth without causing soil erosion and runoff.
14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck
process on file in the Planning Division and accompanied by the project's building. Improvement, and
grading plans.
15. Developer shall establish a homeowner's association and corresponding covenants, conditions and
restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved by the City Planner prior to final
map approval. Prior to Issuance of a building permit, the Developer shall provide the Planning Division
with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate
and the City Planner. At a minimum, the CC&Rs shall contain the following provisions:
a. General Enforcement bv the cHv: 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, the city shall have the right to
disapprove. A copy of the final approved amendment shall be transmitted to the city within
30 days for the official record.
PUD 2017-0003/MS 2017-0003 (DEV2017-0134) - CAZADERO OR CONDO PROJECT
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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 falls 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 bv the citv: 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 shali 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 .
16. This project is being approved as a condominium permit for residential ownership purposes. If any of
the residential 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.
17. Prior to issuance of building permits, the Developer shall submit to the City Planner 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.
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18. 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 incluslonary housing (In-Iieu) 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.
Engineering:
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of
this proposed subdivision, must be met prior to approval of a final map, building or grading permit
whichever occurs first.
General
19. Prior to hauling dirt or construction materials to or from any proposed construction site within this
project, developer shall apply for and obtain approval from, the City Engineer for the proposed haul
route.
20. This project is approved upon the express condition that building permits will not be issued for the
development of the subject property, unless the District Engineer has determined that adequate
water and sewer facilities are available at the time of permit issCiance and will continue to be available
until time of occupancy.
21. Developer shall submit to the City Engineer an acceptable instrument, via CC8tRs and/or other
recorded document, addressing the maintenance, repair, and replacement of shared private
improvements within this subdivision, including but hot limited to private utilities, landscaping, water
quality treatment measures, low impact development features, storm drain facilities, etc. located
therein and to distribute the costs of such maintenance in an equitable manner among the owners of
the properties within this subdivision.
22. Developer shall prepare, submit and process for City Engineer approval a parcel map to subdivide
this project. Developer shall pay the city standard map review plan check fees.
r
23. Developer shall install sight distance corridors at all street intersections and driveways in accordance
with City Engineering Standards. The property owner shall maintain this condition.
Fees/Agreements
24. Developer shall cause property owner to execute and submit to the City Engineer for recordation, the
city's standard form Geologic Failure Hold Harmless Agreement.
25. Developer shall cause property owner to execute and submit to the City Engineer for recordation the
city's standard form Drainage Hold Harmless Agreement.
PUD 2017-0003/MS 2017-D003 (DEV2017-0134) -CAZADERO DR CONDO PROJECT
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Grading
26. Based upon a review of the proposed grading and the grading quantities shown on the tentative map,
a grading permit for this project is required. Deveidper shali prepare and submit plans and technical
studies/reports as required by City Engineer, post security and pay ail applicable grading plan review
and permit fees per the city's latest fee schedule.
Storm Water Quality
27. Developer shall comply with the city's Stormwater Regulations, latest version, and shali implement
best management practices at ail times. Best management practices include but are not limited to
pollution control 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.
28. Developer shall complete and submit to the City Engineer a Determination of Project's SWPPP Tier
Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer shall
also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm
Water Pollution Prevention Plan (SWPPP) to the satisfaction of the City Engineer. Developer shall pay
ail applicable SWPPP plan review and inspection fees per the city's latest fee schedule.
29. Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form.
Developer is responsible to ensure that ail final design plans, grading plans, and building plans
incorporate applicable best management practices (BMPs). These BMPs include site design, source
control and Low impact Design (LID) measures including, but not limited to, minimizing the use of
impervious area (paving), routing run-off from impervious area to pervious/landscape areas,
preventing illicit discharges into the storm drain and adding storm drain stenciling or signage ail to
the satisfaction of the City Engineer.
Dedications/Improvements
30. Developer shall design ail proposed public improvements including but not limited to (sewer laterals,
streetlights, pedestrian ramps, driveways, sidewalk, water services/meters, curb drains, etc.) as
shown on the tentative map. These improvements shall be shown on one of the following, subject to
City Engineer approval:
a. Grading plans processed in conjunction with this project; or
b. Construction Revision to an existing record public improvement drawing
Developer shall pay plan check and inspection fees using improvement valuations in accordance
with the cit/s current fee schedule. Developer shall apply for and obtain a right-of-way permit
prior to performing work in the city right-of-way.
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Non-Mapping Notes
31. Add the foilowing notes to the final map as non-mapping data:
a. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
b. Geotechnicai Caution: The owner of this property on behalf of itself and ail of its successors
in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action
that may arise through any geological failure, ground water seepage or land subsidence and
subsequent damage that may occur on, or adjacent to, this subdivision due to its construction,
operation or maintenance.
c. No structure, fence, wail, tree, shrub, sign, or other object may be placed or permitted to
encroach within the area identified as a sight distance corridor as defined by City of Carlsbad
Engineering Standards or iine-of-sight per Caitrans standards.
c. The owner of this property on behalf of itself and ail of its successors in interest has agreed
to hold harmless and indemnify the City of Carlsbad from any action that may arise through
any diversion of waters, the alteration of the normal flow of surface waters or drainage, or
the concentration of surface waters or drainage from the drainage system or other
improvements identified in the city approved development plans; or by the design,
construction or maintenance of the drainage system or other improvements identified in the
city approved development plans.
e. There are no public park or recreational facilities to be located in whole or in part within this
subdivision. The subdivider is therefore obligated to pay park-in-iieu fees in accordance with
section 20.44.050 of the Carlsbad Municipal Code and has either paid ail of said park In-iieu
fees or agreed to pay ail of said park-in-iieu fees in accordance with section 20.16.070 of the
Carisbad Municipal Code.
Utilities
32. The developer shall meet with and obtain approval from the Leucadia Wastewater District regarding
sewer infrastructure available or required to serve this project.
33. The developer shall meet with and obtain approval from the Vaiiecitos Water District regarding
potable water infrastructure available or required to serve this project.
Code Reminders:
34. Approval of this request shall not excuse compliance with ail applicable sections of the Zoning
Ordinance and ail other applicable city ordinances in effect at time of building permit issuance, except
as otherwise specifically provided herein.
35. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the City
of Carisbad Municipal Code to the satisfaction of the City Engineer.
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36. Developer shall pay park-in-lieu fees to the City, prior to the approval of the parcel map as required
by Chapter 20.44 of the Carlsbad Municipal Code.
37. Prior to the issuance of a building permit. Developer shall pay the Local Facilities Management fee for
Zone 6 as required by Carlsbad Municipal Code Section 21.90.050.
38. Developer shall pay a landscape plancheckand inspection fee as required by Section 20.08.050 of the
Carlsbad Municipal Code.
39. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of
the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area
contained in the staff report and shown on the tentative map are for planning purposes only.
40. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section
18.04.320.
41. Any signs proposed for this development shall at a minimum be designed in conformance with the
city's Sign Ordinance and shall require review and approval of the City Planner prior to installation of
such signs.
PUD 2017-0003/MS 2017-0003 {DEV2017-0134) - CAZADERO DR CONDO PROJECT
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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 $850.00. 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 free to
contact Greg Fisher at 760-602-4629.
Sincerely,
TERI DELCAMP
Principal Planner
TD:GF:dh
c: David Rick, Project Engineer
Don Neu, City Planner
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