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HomeMy WebLinkAboutPUD 14-02; Cantil Street Duplex; Planned Unit Development - Non-Residential (PUD)PUD 14-02/MS 14-03-CANTil STREET DUPlEX October 1, 2014 Pa e 2 surroundings, or traffic, in that the project involves the conversion of two existing attached dwelling units on one lot into a twin-home development on separate lots, in which all necessary public facilities are constructed and in place. The existing two-story project is compatible with surrounding one and two-family residential uses, and no negative circulation impacts will result as the existing roadways (Cantil Street and Abejorro Street) are adequate to accommodate the traffic generated by this project. 3. That the project will not adversely affect the public health, safety or general welfare, in that the project complies with all applicable development standards ofthe Planned Development Ordinance (CMC Chapter 21.45) of the Carlsbad Municipal Code. 4. That the project's design, including architecture, streets and site layout: a. Contributes to the community's overall aesthetic quality, in that the existing two-story duplex with attached garages is similar to other surrounding developed residential projects; b. Includes the use of harmonious materials and colors, and the appropriate use of landscaping, in that architectural design elements include a variety of roof planes, off-set building projections, wood timbering arid stone veneer at the base of the building that are aesthetically pleasing. The landscaping consists of a variety of plant m;;~terials that enhance the exterior of the building; and c. Achieves continuity among all elements of the project, in that all elements (site layout, architecture, landscaping) create co·ntinuity in the overall project design and the project blends well with the variety of architectural styles that exist 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 tci Section 15303 (New Construction or Conversion of Small Structures) Class 3 Categorical Exemption, 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 cif 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. PUD 14-02/MS 14-03-CANTIL STREET DUPLEX October 1, 2014 Pa e 3 MS 14-03 8. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 ofthe Carlsbad Municipal Code and the State Subdivision Map Act, and will not cause serious public health problems, in that the RM General Plan Land Use designation and the R-2 zoning designation and Planned Development Ordinance (Chapter 21.45 of the C.M.C) allow for minimum 3,750 square foot twin home lots. The lots being created satisfy this area requirement and all minimum requirements of Titles 20 and 21 regarding lot sizes and configuration and have been designed to comply with all other regulations. 9. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for Residential Medium (RM) density development on the General Plan, in that the subject property is surrounded by existing single-family and two-family homes. The subdivision of the original.28 acre lot in two lots that are .13 (Parcell) and .15 acre (Parcel2) would provide a twin home that would result in a density of 7.69 du/ac (Parcell) and 6.67 du/ac (Parcel 2) which are within the density range allowed by the RM designation (4-8 du/ac) and above the Growth Management Control Point (6 du/ac). 10: That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed, in that the proposed subdivision meets all development standards and design criteria required by the Planned Development ordinance for the creation of two lots including, but not limited to requirements for access, minimum lot size, lot width and setbacks. 11. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that the developer has delineated and preserved on the parcel map, all existing easements of record. 12. That the property is not subject to a contract entered into pursuant to the Land.Conservation Act of 1965 (Williamson Act). 13. That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that the residential units are designed'with multiple windows on all sides of the building to take advantage of natural heating and cooling opportunities. 14. That the City Planner has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs ofthe City and available fiscal and environmental resources and the project has been conditioned to pay housing in-lieu fees. 15. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish and wildlife or their habitat, in that the project involves the conversion of an existing apartment building into condominiums which is exempt from CEQA review per Section 15303 (New Construction or Conversion of Small Structures). PUD 14-02/MS 14-03-CANTIL STREET DUPLEX October 1, 2014 Pa e 4 16. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with the Best Management Practices for water quality protection in accordance with the City's sewer and drainage standards. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to Recordation of the. associated Parcel Map (MS 14-03). 1. Approval is granted for PUD 14-02/MS 14-03 as shown on Exhibit "A" dated September 30, 2014 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 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/Tentative Parcel Map. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and ·modifications to the Planned Development Permit/Tentative Parcel 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 d"evelopment, 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 Minor Planned Development Permit/Tentative Parcel Map, (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 PUD 14-02/MS 14-03-CANTIL STREET DUPLEX October 1, 2014 Pa e 5 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. Developer shall submit to the Planning Division a reproducible 24" x 36," mylar copy of the Site Plan/Tentative Parcel Map reflecting the conditions approved by the final decision-making body prior to approval of Parcel Map MS 14-03. 8. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24" x 36" blue line drawing format (including any applicable Coastal Commission approvals). 9. Prior to final parcel map, the Developer shall provide proof to the City Planner from the San Marcos School District that this project has satisfied its obligation to provide school facilities. 10. 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 an individual ownership twin home on separate lots, 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. 11. Developer shall establish a homeowner's association and corresponding covenants, conditions and restrictions. Said CC&Rs shall be submitted to and approved by the City Planner prior to final map approval. Prior to final parcel map, the Developer shall provide the Planning Division with a recorded copy of the official CC&Rs that have been approved by the Division of Real Estate and the City Planner. 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 ofthe final approved amendment shall be transmitted to City within 30 days for the official record. c. Special Assessments Levied by 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 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 PUD 14-02/MS 14-03-CANTIL STREET DUPLEX October 1, 2014 Pa e 6 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. 12. Prior. to the Recordation of the associated Parcel Map (MS 14-03), 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 City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Minor Planned Development Permit (PUD 14-02) and Tentative Parcel Map (MS 14-03) 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 pay park-in-lieu fees to the city, prior to the Recordation or Certificate of Compliance the parcel map as required by Chapter 20.44 ofthe Carlsbad Municipal Code. 14. Prior to final Parcel Map, the developer shall submit one {1) copy of a compliance inspection performed on the property by the Building Division. 15. This project approval becomes null and void upon the expiration or withdrawal of Parcel Map MS 14- 03. Engineering: 16. Developer shall prepare, submit and process for city engineer approval a parcel map to subdivide this project. There shall be one parcel map recorded for this project. Developer shall pay processing fees per the city's latest fee schedule. 17. Developer shall submifto the city engineer an acceptable instrument, via CC&R's and/or other recorded document, addressing the maintenance, repair, and replacement of shared private improvements within this subdivision, including but not limited to private utilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within this subdivision. 18. The developer shall provide separate potable water meters for each separately owned unit within this subdivision. 19. Unless a standards variance has been issued, no variance from city standards is authorized by virtue of approval of this tentative map. PUD 14-02/MS 14-03-CANTIL STREET DUPLEX October 1, 2014 Pa e 7 20. Developer shall comply with all applicable provisions of federal, state and local laws and regulations in effect at the time building permits are issued. 21. If any condition for construction of any public facilities, or 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 engineer determines that this project without this c.ondition complies with the requirements of the law. 22. Developer shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, agents, officers, and representatives, from and against any and all liabilities, losses, damages, demands, claim 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 tentative parcel map, (b) city's approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, including an action filed within the time period speCified in Government Code Section 66499.37 and (c) developer'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. Agreements 23. Developer shall cause owner to give written consent to the city engineer for the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No.1 and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the city engineer. Stormwater 24. 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 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 ofthe above requirements. 25. Developer shall incorporate measures with this project to comply with Standard Stormwater Requirements per the city's Standard Urban Stormwater Management Plan (SUSMP). These measures include, but are not limited to reducing the use of new impervious surfaces (e.g.: paving) and designing drainage from impervious surfaces to discharge over pervious areas (e.g.: turf, landscape areas) all to the satisfaction of the city engineer. PUD 14-02/MS 14-03-CANTIL STREET DUPLEX October 1, 2014 Pa e 8 Non-Mapping Notes 26. Add the following note to the final map as non-mapping data: The owner of this property on behalf of itself and all 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. Code Reminders: 27. Developer shall pay park-in-lieu fees to the city, prior to the approval of the final parcel map as required by Chapter 20.44 of the Carlsbad Municipal Code. 28. Prior to the issuance of any required building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 29. Prior to the approval of the final parcel map, Developer shall pay the Local Facilities Management fee for Zone 6 as required by Carlsbad Municipal Code Section 21.90.050. 30. 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. 31. Developer shall give all notices of the subdivision to all tenants as required by the Subdivision Map Act and the Carlsbad Municipal Code.