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HomeMy WebLinkAbout2002-07-17; Planning Commission; ; CDP 02-02 - MCMILLIAN CONDOMINIUMS-• 1'he City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION P.C. AGENDA OF: July 17, 2002 ItemNo.@ Application complete date: May 31, 2002 Project Planner: Greg Fisher Project Engineer: David Rick SUBJECT: CDP 02-02 -MCMILLIAN CONDOS -Request for approval of a Coastal Development Permit to convert an existing two-story, two-family residence to condominiums on property located at 5155-5157 Carlsbad Boulevard in Local Facilities Management Zone 1. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 5254 APPROVING CDP 02-02, based on the findings and subject to the conditions contained therein. II. INTRODUCTION The project is a request to convert an existing two-story, two-family residence to condominiums on property located along the west side of Carlsbad Boulevard at 515 5-5157 Carlsbad Boulevard. The project requires a Condominium Permit and Minor Subdivision to be acted upon by the Planning Director and the Public Works Director following the Planning Commission's action on the Coastal Development Permit. The applicant is concurrently processing the Minor Subdivision (MS 02-02) and Condominium Permit (CP 02-02) and the project is consistent with all of the findings required to approve the condominium conversion and minor subdivision. The project's existing density of 14.28 units per acre exceeds the upper-end of the Residential Low Medium density range for the subject property. However, this density is considered consistent with the General Plan as all legally existing R-2 zoned lots, as of December 1, 1986, may be developed with a two-family residence regardless of the density allowed by their General Plan designation if they can comply with all applicable development standards in effect at the time of their development. The existing project complied with all applicable development standards at time of construction and is therefore consistent with the General Plan. The project is a division of existing multiple family residences into common-interest ownership and is exempt from CEQA review. The project complies with the requirements of the Zoning Ordinance and Local Coastal Program and staff recommends that the requests be approved. III. PROJECT DESCRIPTION AND BACKGROUND The applicant proposes to convert an existing two-story, two-family residence to condominiums on a .14 acre site located along the west side of Carlsbad Boulevard at 5155-5157 Carlsbad Boulevard located within the Coastal Commission appeals area. Parking consists of two 2-car garages with guest parking provided as tandem spaces in front of the garages. The existing topography of the site slopes down from Carlsbad Boulevard to an elevation approximately six feet lower than the street elevation. The units range in size from 1,447 to 2,549 square feet. Each unit has a separate exterior entrance, private rear yard area and second level balcony. The if'\ ~ . ., CDP 02-02 -MCMILLIM~ONDOS July 17, 2002 Page2 building has wood sided walls and a decorative composition shingle roof. Adjacent development to the north and south consist of two-family and multi-family properties with a single-family residence located behind the subject property to the west. The subject property is boarded by Carlsbad Boulevard to the east. IV. ANALYSIS The project is subject to the following plans, ordinances and standards: A. Residential Low-Medium Density (RLM) General Plan Land Use Designation; B. Planned Development regulations (CMC 21.45); C. Mello II Segment of the Local Coastal Program; D. Inclusionary Housing Ordinance (CMC 21.85); and The recommendation for approval of this project was developed by analyzing the project's consistency with the applicable 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 General Plan for the property is Residential Low-Medium (RLM). The RLM designation allows residential development at a density range of zero to four units per acre with a growth control point of 3.2 units per acre. The dwelling unit yield for the property is .44 units or one unit. The project's existing density is 14.28 units per acre. Although the project exceeds the RLM general plan density range, all legally existing R-2 zoned lots, as of December 1, 1986, may be developed with a two-family residence regardless of the density allowed by their General Plan designation if they can comply with all applicable development standards in effect at the time of their development. The existing project complied with all applicable development standards at time of construction and is therefore consistent with the General Plan. The project will provide sufficient additional public facilities, in the form of development fees, for the density in excess of the control point to ensure that the adequacy of the City's public facilities plans will not be adversely impacted. There have also been sufficient developments in the northwest quadrant that have developed at densities below the control point so the project would not result in exceeding the quadrant limit. B. Planned Development Regulations The project meets or exceeds the requirements of the Planned Development regulations in effect at the time the project was constructed as outlined in the table below: CDP 02-02 -MCMILL~ONDOS July 17, 2002 Page 3 anne eve opment Compliance For Condominium Conversion Pl dD l Standard Required Existin2/Provided Density <4 du/ac 14.28* Setbacks Front -20 feet 20 feet Interior Side -7 .5 feet 7.5 feet Rear -15 feet 15 feet Resident Parking Four Covered Spaces Two 2-Car Garages Guest Spaces One Space Two tandem spaces Recreation space Private passive Private 15' x 33' (unit 1) & 17' x 40' (unit 2) rear yards and decks provided Storage Space 960 cubic feet (total) 1,274 cubic feet *See General Plan Discussion C. Local Coastal Program The project site is located in the Mello II Segment of the Local Coastal Program (LCP). Pursuant to Subsection 21.201.060(A)(2)(f) of the Carlsbad Municipal Code, approval of a Coastal Development Permit is required for the project. The LCP Land Use Plan designates the subject site for Residential Low-Medium (RLM) density development. Based on a maximum density of 4 du/ac, the lot can accommodate one dwelling unit. As previously discussed within the General Plan analysis, although the project exceeds the RLM general plan density range, the existing R-2 zoned lot may be developed with a two-family residence regardless of the density allowed by their General Plan designation. The property is currently developed with an existing two-family residence and no agricultural uses exist on the site, nor are there any sensitive resources. The project is not located in an area of known geologic instability or flood hazard. No public opportunities for coastal access are available from the subject site and no public access requirements are conditioned for the project. Since the project is not located between the first public roadway and the ocean, the residentially designated site is not suited for water-oriented recreation activities and the development does not obstruct views of the coastline as seen from public lands or public right-of-way. The project does not have any components (i.e. steep slopes or vegetation, susceptibility to landslide or slope instability, seismic hazards, or floodplains) subject to the Coastal Agriculture Overlay Zone, Coastal Resource Protection Overlay Zone, or Coastal Shoreline Development Overlay Zone. The property does not front onto, or drain into, Buena Vista or Agua Hedionda lagoons. D. lnclusionary Housing Ordinance The inclusionary housing requirement for this project may be satisfied through the payment, to the city, of an in-lieu fee. The project has been conditioned to pay this fee prior to the issuance of Parcel Map Recordation. CDP 02-02 -MCMILLI~ONDOS July 17, 2002 Page4 V. ENVIRONMENTAL REVIEW The conversion of existing small structures from one use to another totally no more than four dwelling units is categorically exempt per section 15303(b) of the State CEQA Guidelines. A notice of exemption will be filed with the State upon approval of the project. ATTACHMENTS: 1. Planning Commission Resolution No. 5254 (CDP) 2. Location Map 3. Background Data Sheet 4. Local Facilities Impact Assessment Form 5. Disclosure Statement 6. Reduced Exhibit 7. Full Size Exhibits "A" -"F", dated July 17, 2002 GF:cs:mh McMILLIAN CONDOS CDP 02-02 CASE NO: -BACKGROUND DATA SHEET - CDP 02-02 CASE NAME: McMillian Condos APPLICANT: Robert & Sharon McMillian REQUEST AND LOCATION: Request for approval of a Coastal Development Permit to convert an existing two-story, two-family residence to condominiums on property located at 5155-5157 Carlsbad Boulevard. LEGAL DESCRIPTION: Lot 37 of Terramar Unit No.1, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 2696, filed in the office of the county recorder of San Diego County, September 6, 1950. APN: 210-032-05 Acres: JA Existing Number of Units: =2 ___________ _ GENERAL PLAN AND ZONING Land Use Designation: RML-Residential Medium Low Density Allowed: 0-4 units per acre Existing Zone: R~-2~------- Density Proposed: ..:.T....:...:w...::co-=un=it=-s _______ _ Proposed Zone: N=-.:.:....:/A'-"'------------- Surrounding Zoning and Land Use: (See attached for information on Carlsbad's Zoning Requirements) Site R-2 North R-2 South R-2 East R-2 West R-1 Zoning Land Use Two-Family Residential Two-Family Residential Multi-Family Residential Carlsbad Boulevard Single Family Residence PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad ~~----- Equivalent Dwelling Units (Sewer Capacity): ..::::O=n=e _______________ _ Public Facilities Fee Agreement, dated:N "'--"-"/A'-"'------------------- ENVIRONMENTAL IMPACT ASSESSMENT D Negative Declaration, issued ____________________ _ D Certified Environmental Impact Report, dated ______________ _ ~ Other, Exempt Sections 15301(k) CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMP ACT ASSESSMENT: FILE NAME AND NO: ~C~D_P_0_2-_0_2 _________________ _ LOCAL FACILITY MANAGEMENT ZONE: l GENERAL PLAN: ~RL_M ______ _ ZONING: R-2 ---------------------------- DEVELOPER'S NAME: Robert & Sharon McMillian ADDRESS: 5157 Carlsbad Boulevard. Carlsbad. CA 92008 PHONE NO.: 760-431-2531 ASSESSOR'S PARCEL NO.: =-21"-'0'---0=3-=2--=-0=5 ______ _ QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): =·1-'-4-=ac=r-=--e _____ _ ESTIMATED COMPLETION DATE: NIA -Existing Two-Family Residence A. B. C. D. E. F. G. H. I. J. K. City Administrative Facilities: Demand in Square Footage= -"--6.=9=-5 ____ _ Library: Demand in Square Footage= =3.'-'-7-=-1 ____ _ Wastewater Treatment Capacity (Calculate with J. Sewer) Park: Drainage: Demand in Acreage = Demand in CFS = Identify Drainage Basin = (Identify master plan facilities on site plan) Circulation: Demand in ADT = (Identify Trip Distribution on site plan) 2EDU .01 .55 A 12 Fire: Served by Fire Station No. = =-1 _____ _ Open Space: Schools: Acreage Provided= ~N~/ A~----- Elrn=.458. JHS=.104. HS=.28 Total=.842 (Demands to be determined by staff) Sewer: Demands in EDU Identify Sub Basin= (Identify trunk line(s) impacted on site plan) Water: Demand in GPD = 2EDU lH 440 L. The two unit project complies with the Growth Management Dwelling unit allowance. :,, -City of C,arlsbad l@Ei,i,ii,i·i •t4·t131, ,t4 ,Ji DISCLOSURE STATEMENT Applicant's statement or ·di-sclosure of certain .ownership interests on all applications which will require ctiscretionary action on the part of the City Council or any appointed Board. Commission or C'omminee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person .is . defmed as "Any in~vidual, . ittm, co-partnership; joint venture, association,· social club. fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county. city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit•· Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) 2. Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership. include the names, title, addresses of all individuals owning more than · 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF TIIE SHARES, PLEASE INDICATE NON- APPLICABLE (NIA) IN TIIE SPACE BELOW If a publiclv-owned cot:poration. include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Robert L. McMillian Title Trustee Address 5157 Carlsbad Blvd. Carlsbad, CA 92008 OWNER(Not the owner's agent) Corp/Part Sharon L. McMillian Title Trustee Address 5157 Carlsbad Blvd. ·---------------Carlsbad, CA 92008 Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership. include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICA~ NON-APPLICABLE (NIA) IN THE SPACE BELo\V. If a publicJy- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate · page may be attached.if necessary.) · · Person Robert L. McMillian Corp/Part Sharon L. McMillian Title ____________ _ Title _, w Address. __________ _ Address -------------- 1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 @ .. 3 . 4. NON-PRO.RGANIZATION ~R TRUST • If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust. hst the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non ProfiVIrust Robert L. McMillian Non Profit/Trust Sharon L. MdMillian Title -------------Title ---------------Address __________ _ Address ·-------------- Have you had more than $250 worth of business transacted with any member of City staff. Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes ~ ~o If yes, please indicate person(s):. _____________ _ NOTE: Attach additional sheets if necessary. I certify that all th~ above information is true and correct to the best ofmy knowledge. Si ature of applicant/date ~ti.l1l~~d Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 19. © . , ' ....... ,._,.. VICINITY MAP .. ~ ~ SITE-PLAN MAP NO. CDP 02-02 LEGfilill_ --IOI'- ..... ftDCIIB.llallCII -·,. -·"" ..=,¢:., 17, UNITl (FF45.6) FOR CONDOMINIUM PURPOSES J 11-.. T ~ l!I''""' I ......... i--iJl'...I -II!, I 11'• c:::=:::!:=::i. Cll0IMD I i~=e,--c===-=-======:r--""\11 TYPICAL STREET SECTION CARLSBAD BOULEVARD NOr101CM£ ...-,;; - S~m.oo" I .... - 1 --(FF.45.6) , .... , .... ##'21'"0f-«'AOf' ...,, ,L-:l1a &) ltlCILUT I' PIMINa •JU 1 ,. ~ j I I~ li::i:I I~ i~ 1 I SHEET! OF1 LEGALDESCRIPI'ION LO? ~ r:, 1U1tM1M 1Nr NO. 1. II H art r, CA111.!111iD. 00UN1Y r:, SAN amo,. 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