The URL can be used to link to this page

Home My WebLink AboutCD 2021-0023; MARJA ACRES; Admin Decision Letter(cicyof Carlsbad November 30, 2021 B FILE COPY r1Ja.i/,r,/ 1z/1,/21 Jason Han, NUW Carlsbad LLC 2001 Wilshire Blvd, Suite 401 Santa Monica, CA 90403 SUBJECT: CD 2021-0023 (DEV16038) -MARJA ACRES The City Planner has completed a review of your application for a Consistency Determination, CD 2021- 0023, which is a modification to CT 16-07/PUD 16-09/PUD 2018-0007/SDP 2018-0001/CDP 16-33/HDP 16-02/SUP 16-02/EIR 2017-0001, a request for a Tentative Tract Map, Residential Planned Development Permit, Nonresidential Planned Development Permit, Site Development Plan, Coastal Development Permit, Hillside Development Permit and Special Use Permit to develop a mixed-use project consisting of 248 townhomes, 46 affordable senior apartments, and 10,000 square feet of specialty commercial uses on 20.65 acres at 4901 El Camino Real. After careful consideration of the request, the City Planner has determined that the request meets all of the findings below and APPROVES this request. The proposed modifications include: 1. Revise the shape of BMP #1 within Lot 1 to eliminate the retaining wall. 2. Retaining wall modifications along south and east property lines consisting of: a) Retaining wall along the east property line is changed from a CMU block to a soldier beam wall. b) Retaining wall near the convergence of east/south property line is changed from a single cast-in-place retaining wall to a two-tier soldier beam wall. c) Retaining wall at bottom of slope along southern portion of site is changed from a keystone retaining wall to a split face CMU block wall. 3. Moving town home units 224L-332L to the west 2.5 feet to provide for additional landscaping in front of retaining wall along eastern property line. 4. Modification to landscape plans to provide larger box trees and increase the number of vines to visually screen retaining walls. 5. Revise the retaining wall design from "Verdura" plantable retaining wall system to a "Keystone" plantable wall system. These walls are located within the project and the western edge along El Camino Real. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8560 fax CD 2021-0023 (DEV16038)-MARJA ACRES November 30, 2021 Page 2 6. Minor interior changes to retaining wall designs consisting of: a} Revise approximately BO-feet of Keystone wall along entry drive to a split face CMU wall. b) Change CMU wall located in southwest corner of affordable parking area to a plantable retaining wall. c) Addition of a retaining wall between units BBL -90L and 91S -94S. In order for a Discretionary Permit Consistency Determination to be approved, all of the following findings must be made: 1) No project condition, feature, facility or amenity is changed or deleted that had been considered essential to the project's design, quality, safety or function in that the changes proposed are minor and continue to maintain the intent of the original proposed wall designs and continue to ensure that the retaining walls are aesthetically pleasing and functional with appropriate landscape material and landscape area. 2) The request represents an upgrade in overall design features and or materials and improves upon the project's compatibility with the surrounding neighborhood in that the proposed changes continue to maintain the original intent of the approved project and maintain the project's compatibility with the surrounding neighborhood and minimize any visual impact to existing adjacent residents and the public. 3) The proposed revision does not change the density or boundary of the subject property. 4) The proposed revision does not involve the addition of a new land use not shown on the original permit in that the property use will continue to be residential and commercial as originally approved. 5) The proposed revision does not rearrange the major land uses within the development in that the property use will continue to be residential and commercial as originally approved. 6) The proposed revision does not create changes of greater than ten percent provided that compliance will be maintained with the applicable development standards of the Carlsbad Municipal Code in that there are no changes to required parking1 building setbacks, coverage or building height. The project continues to meet landscape and active recreation area requirements. 7} The proposed change will not result in any significant environmental impact, and/or require additional mitigation in that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program approved through Planning Commission Resolution No. 7381 approved by the City Council on November 31 2020 by City Council Resolution No. 2020-215 is still in force and the proposed changes do not require additional mitigation. 8} The proposed change would not result in any health, safety or welfare impacts. CD 2021-0023 (DEV16038)-MARJA ACRES November 30, 2021 Page 3 9} There were not any major issues or controversies associated with the original project which would be exacerbated with the proposed change. 10} The proposed change would not be readily discernable to the decision makers as being substantially different from the project as originally approved in that since there is not an increase in wall heights and the additional landscaping proposed is an enhancement, the proposed changes would not be readily discernable to the decision makers. Therefore, the City Planner has determined that the application qualifies for a consistency determination with the approved permit and approves the changes to the project based on Planning Division Administrative Policy No. 35. CD 2021-0023 (DEV16038) -MARJA ACRES November 30, 2021 Page 4 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 $786. 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 your project planner, Jason Goff at 760-602-4643. CITY OF CARLSBAD ~~ DON NEU, AICP City Planner DN:JG:cf c: Stan Weiler -HWL, 2888 Loker Avenue East, Suite 217, Carlsbad, CA 92010 Allison Mclaughlin, Project Engineer Laserfiche/File Copy/Data Entry