HomeMy WebLinkAboutCD 2021-0028; MARJA ACRES, AFFORDABLE SENIOR HOUSING; Admin Decision LetterMay 16, 2022
Milo Terzich
USA Properties Fund, Inc.
3200 Douglas Boulevard, Ste 200
Roseville, CA 95661
FILE {'cityof
Carlsbad
SUBJECT: CD 2021-0028 (DEV16038) -MARJA ACRES, AFFORDABLE SENIOR HOUSING
Dear Mr. Terzich,
The City Planner has completed a review of your application for a Consistency Determination, CD 2022-
0028, which is a modification to Tentative Tract Map (CT 16-07), Residential Planned Development
Permit (PUD 16-09), Nonresidential Planned Development Permit (PUD 2018-0007), Site Development
Plan {SDP 2018-0001), Coastal Development Permit {CDP 16-33), Hillside Development Permit {HOP 16-
02), Special Use Permit {SUP 16-02) and Environmental Impact Report {EIR 2017-0001)-MARJA ACRES,
which originally allowed for 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 are to the portion of the
project associated with the affordable senior apartments, which includes:
• A refined landscape site plan to illustrate the outdoor garden concept; and
• Minor architectural revisions to the affordable senior housing structure to accommodate a
manager's unit pursuant to the affordable housing agreement entered into by the City Council
on October 22, 2021.
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.
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 refined landscape plan
clarifies design intent and the proposed improvements to the affordable senior housing
structure utilize the same architectural design/materials as originally approved and the
addition of a manager unit allows the developer's property management staff to administer
and attend to the daily needs of an affordable senior housing use.
Community Development Department
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov
CD 2021-0028 (DEV16038) -MARJA ACRES, AFFORDABLE SENIOR HOUSING
May 16, 2022
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3) The proposed revision does not change the density or boundary of the subject property in that the
refined landscape plan clarifies design intent, and this consistency determination only makes
minor structural modifications to the building design to accommodate 46 affordable senior
apartments plus a manager's unit per the City Council approved Affordable Housing Agreement
dated October 22, 2021.
4) The proposed revision does not involve the addition of a new land use not shown on the original
permit.
5) The proposed revision does not rearrange the major land uses within the development in that the
outdoor garden concept and building footprint remains unchanged.
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
Munidpal Code in that the increase in gross building area (1,330 square feet) equals a 3.1%
change.
7) The proposed change will not result in any significant environmental impact, and/or require
additional mitigation.
B) The proposed change would not result in any health, safety or welfare impacts.
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 the refined landscape plan
clarifies design intent and the proposed improvements to the affordable senior housing
structure utilize the same architectural design/materials as originally approved.
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.
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 i,nformation 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
CD 2021-0028 (DEV16038) -MARJA ACRES, AFFORDABLE SENIOR HOUSING
May 16, 2022
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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 $786.00. 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 to contact
Jason Goff at (442) 339-2643.
CITY OF CARLSBAD
~~
DON NEU, AICP
City Planner
DN:JG:mf
c: Marja Dawn Selna, 6284 Forester Drive, Huntington Beach, CA 92648
Allison McLaughlin, Project Engineer
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