HomeMy WebLinkAboutMS 2024-0007; NOVAK 1328 PINE AVENUE; Admin Decision LetterApril 28, 2025
{'Cityof
Carlsbad
Joy Christensen
Christensen Engineering
Unit J
7888 Silverton Avenue
San Diego, CA 92126
SUBJECT: MS 2024-0007 (DEV2023-0162)-NOVAK-1328 PINE AVENUE TENTATIVE PARCEL MAP-
SB-9 SUBDIVISION -Request for approval of a Minor Subdivision of one 12,143-square-
foot lot into two lots as allowed by Assembly Bill 9 (SB-9), otherwise known as an urban
lot split. The resulting lots will be an 8,095-square-foot lot (Parcel A) and a 12,143-square-
foot panhandle lot (Parcel B). The existing single-family dwelling will be retained on Parcel
A. The existing second dwelling unit above a detached garage will be retained on Parcel
B. A 3,516-square-foot two-story single-family dwelling will be constructed on the Parcel
Bas the primary dwelling. Access to Parcel A and B will be provided by Pine Avenue .
Dear Joy Christensen,
The City Planner has completed a review of your application for a Minor Subdivision in compliance with
Assembly Bill 9 (SB-9), otherwise known as an urban lot split, to subdivide a 0.46-acre lot into two
separate legal lots located at 1328 Pine Avenue. A notice was sent to property owners within a 300-foot
radius of the subject property requesting comments regarding the above request. One comment was
received within the ten-day notice period (ending on February 17, 2025) requesting clarification on the
location of the minor subdivision. After careful consideration of the circumstances surrounding this
request, the City Planner has made a decision pursuant to Section 20.24.120 of the City of Carlsbad
Municipal Code and California Government Code 66411.7 to APPROVE this request based on the
following findings and subject to the conditions listed below.
Findings:
1. 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 of the Carlsbad Municipal Code and the State Subdivision Map Act, and will not cause
serious public health problems, in that the R-4, Residential 0-4 dwelling units per acre, General Plan
Land Use designation allows for single-family homes on individual lots. The parcels being created
meet the requirements of California Government Code Section 66411. 7 as well as Titles 20 and 21
of the Carlsbad Municipal Code and the State Subdivision Map Act.
2. That the proposed project is compatible with the surrounding future land uses in that the adjacent
properties to the north, east, and west are also designated for Residential at 0-4 dwelling units per
acre in the General Plan, and the subject property will retain the existing single-family residence
and is bordered by existing single-family homes to the north, east, and west.
Community Development
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov
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3. 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 the requirements of California Government Code Section 66411.7.
4. 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 will delineate and
preserve on the tentative parcel map all existing easements of record.
5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of
1965 (Williamson Act).
6. 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 lots provide ample area to take advantage of
prevailing breezes and allow for passive or natural solar heating and cooling opportunities for the
future dwelling unit.
7. 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
of the City and available fiscal and environmental resources in that the lots can be adequately served
by existing public services and the project has been conditioned to pay inclusionary housing in-lieu
fees for one unit.
8. That the design ofthe 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 proposed
development site does not contain any significant habitat and no significant wildlife or habitat will
be impacted by the project.
9. 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 Best Management Practices for water quality protection in accordance with the
city's sewer and drainage standards and the project is conditioned to comply with the National
Pollutant Discharge Elimination System (NPDES) requirements.
10. That the parcel map subdivides an existing parcel to create no more than two new parcels of
approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot
area of the original parcel proposed for subdivision, in that the parcel to be subdivided is 20,238
square feet and the two lots after the subdivision are 8,095 square feet and 12,143 square feet. The
smaller of the two parcels proposed is 8,095 square feet, or 40% of the lot area of the original parcel.
11. That both newly created parcels are no smaller than 1,200 square feet in that the two lots after the
subdivision are 8,095 square feet and 12,143 square feet.
12. That the parcel being subdivided meets all the following requirements:
a. That the parcel is located within a single-family residential zone (i.e., the One-Family Residential
(R-1) Zone), which allows for one-family dwelling uses.
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b. That the parcel subject to the proposed urban lot split is located within a city, the boundaries of
which include some portion of either an urbanized area or urban cluster, as designated by the
United States Census Bureau, in that the parcel is located within the City of Carlsbad, an
urbanized area.
c. That the parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of
paragraph (6) of subdivision (a) of Section 65913.4, in that the parcel is not located on a site that
is either prime farmland or farmland of statewide importance, wetlands, within a very high fire
hazard severity zone, a listed hazardous waste site, within a delineated earthquake fault zone,
within a special flood hazard area subject to inundation by the one percent annual chance flood
(100-year flood), within a regulatory floodway, lands identified for conservation, habitat for
protected species, or lands under conservation easement.
d. That the proposed urban lot split would not require demolition or alteration of any of the
following types of housing:
i. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels
affordable to persons and families of moderate, low, or very low income.
ii. Housing that is subject to any form of rent or price control through a public entity's valid
exercise of its police power.
iii. A parcel or parcels on which an owner of residential real property has exercised the owner's
rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to
withdraw accommodations from rent or lease within 15 years before the date that the
development proponent submits an application.
iv. Housing that has been occupied by a tenant in the last three years.
13. That the parcel is not located within a historic district or property included on the State Historic
Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that
is designated or listed as a city or county landmark or historic property or district pursuant to a city or
county ordinance.
14. That the parcel has not been established through prior exercise of an urban lot split as provided for in
California Government Code 66411.7.
15. That neither the owner of the parcel being subdivided nor any person acting in concert with the owner
has previously subdivided an adjacent parcel using an urban lot split as provided for in this section.
16. That the City Planner has determined that the project is not subject to the provisions of the California
Environmental Quality Act (CEQA), in that the approval of a subdivision pursuant to California
Government Code 66411.7 is a ministerial action.
Conditions:
Note: Unless specifically stated in the condition, all of the following conditions, upon the approval of this
tentative parcel map, must be met prior to approval of a final parcel map, building permit, or grading
permit, whichever is first.
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1. 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 Subdivision.
2. Approval is granted for MS 2024-0007 as shown on Exhibit "A" Through "O" dated April 28, 2025, on
file in the Planning Division and incorporated herein by reference. Development shall occur
substantially as shown unless otherwise noted in these conditions.
SB-9 allows an existing single family zoned parcel to be subdivided into two parcels, subject to
eligibility criteria and certain development standards. When a SB-9 lot split occurs, the city must
allow up to two units on each lot resulting in two primary units, or a primary unit and an ADU, or a
primary unit and a Junior ADU. Each scenario requires at least a "primary unit." A primary unit is
distinct from an ADU or a Junior ADU. Prior to map recordation, at least one primary unit must exist
on Parcel B (obtain and secure a certificate of occupancy from the Building Division).
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Minor Subdivision 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. Developers 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 conditions 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 Subdivision, (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 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.
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7. Prior to final parcel map, the Developer shall provide proof to the City Planner from the Carlsbad
Unified School District that this project has satisfied its obligation to provide school facilities.
8. This approval shall become null and void if the Parcel Map is not recorded for this project within 24
months from the date of project approval.
9. Prior to the approval of the final map, the Developer shall pay to the city an inclusionary housing in-
lieu fee for Parcel A, in accordance with the requirements and process set forth in Chapter 21.85 of
the Carlsbad Municipal Code in the amount in effect at the time, as established by City Council
resolution from time to time.
10. After recordation of the Parcel Map, the developer shall submit to the City a new Notice of Restriction
to be filed in the office of the County Recorder for Administrative Permit No. SDU 97-01 for the
existing, affordable to lower-income households, Second Dwelling Unit on Parcel B. In the
alternative, if the ADU on Parcel B is converted to a primary unit, the notice of restriction shall be
redesignated as a restriction to the primary unit (with the same terms). The Notice of Restriction
shall be placed on the deed to this property subject to the satisfaction of the City Planner notifying all
interested parties and successors in interest. 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.
11. Prior to the recordation of the associated Parcel Map (MS 2024-0007), Developer shall submit to the
City a Notice of Restriction to be filed in the office of the County Recorder, and an affidavit stating
that the applicant intends to occupy one of the housing units as their principal residence for a
minimum of three years from the date of the approval of the Parcel Map (MS 2024-0007), 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 Subdivision (MS 2024-0007) pursuant to California
Government Code 66411.7, otherwise known as an urban lot split 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 by
California Government Code 66411.7 in the Notice of Restriction, including but not limited to further
lot splits or intensification of use beyond what is expressively allowed pursuant to SB-9 and related
housing laws. 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.
12. Prior to final Parcel Map, the developer shall submit one (1) copy of a compliance inspection
performed on the property by the Building Division.
Engineering:
General
13. 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.
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14. 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 issuance and will continue to be available
until time of occupancy.
15. Developer shall include rain gutters on the building plans subject to the city engineer's review and
approval. Developer shall install rain gutters in accordance with said plans.
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 the city standard
map review plan check fees.
17. 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.
18. Property owner shall maintain all landscaping (street trees, tree grates, shrubs, groundcover, etc.)
and irrigation along the parkway frontage with Pine Ave. as shown on the Tentative Map/Site Plan.
Fees/ Agreements
19. 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.
20. Developer shall cause property owner to execute and submit to the city engineer for recordation the
city's standard form Drainage Hold Harmless Agreement.
21. Developer shall cause property owner to execute and submit to the city engineer for recordation, the
city's standard form Panhandle Lot Hold Harmless Agreement.
Grading
22. Based upon a review of the proposed grading and drainage shown on the tentative parcel map, a
grading permit for this project is required. Prior to map recordation, developer shall construct
improvements and complete plans and technical studies/reports as required by city engineer, post
security and pay all applicable grading plan review and permit fees per the city's latest fee schedule.
23. Prior to issuance of the grading permit, the contractor shall submit a Construction Plan to the city
engineer for review and approval. Said Plan may be required to include, but not be limited to,
identifying the location of the construction trailer, material staging, bathroom facilities, parking of
construction vehicles, employee parking, construction fencing and gates, obtaining any necessary
permission for off-site encroachment, addressing pedestrian safety, and identifying time restrictions
for various construction activities.
Storm Water Quality
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
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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.
25. 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
all applicable SWPPP plan review and inspection fees per the city's latest fee schedule.
26. Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
landscape plans, building plans, etc) incorporate all source control, site design, pollutant control BMP
and applicable hydromodification measures.
27. Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form.
Developer is responsible to ensure that all 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 all to
the satisfaction of the city engineer.
Dedications/Improvements
28. Developer shall design the private drainage systems, as shown on the tentative map to the satisfaction
of the city engineer. All private drainage systems (12" diameter storm drain and larger) shall be
inspected by the city. Developer shall pay the standard improvement plan check and inspection fees
for private drainage systems.
29. Prior to any work in city right-of-way or public easements, Developer shall apply for and obtain a right-
of-way permit to the satisfaction of the city engineer.
30. Prior to map approval, developer shall prepare and process public improvement plans and, prior to
city engineer approval of said plans, shall enter into a Developer Improvement Agreement and shall
post security in accordance with C.M.C. Section 20.28.070 for public improvements shown on the
tentative map. Said improvements shall be installed to city standards to the satisfaction of the city
engineer. These improvements include, but are not limited to:
A. Driveways
B. Sewer Laterals & Appurtenances
C. Water Laterals, Meters and Backflows
D. 3" AC Grind and Overlay
Additional public improvements required in other conditions of this resolution are hereby included in
the above list by reference. Developer shall pay the standard improvement plan check and inspection
MS 2024-0007 {DEV2023-0162) -NOVAK-1328 PINE AVENUE TENTATIVE PARCEL MAP
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fees in accordance with the fee schedule. Improvements listed above shall be constructed prior to
map approval
31. Developer is responsible to ensure utility transformers or raised water backflow preventers that serve
this development are located outside the right-of-way as shown on the Tentative Map and to the
satisfaction of the city engineer. These facilities shall be constructed within the property.
Non-Mapping Notes
32. Add the following 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. Geotechnical Caution:
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
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. 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.
D. 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-lieu fees prior to map
recordation in accordance with the latest City Council approved Master Fee Schedule.
Utilities
33. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows, fire
hydrant locations, building sprinklers) are required to serve the project
34. Developer shall design and agree to construct public facilities within public right-of-way or within the
minimum 20-foot wide easements granted to the district or the City of Carlsbad. At the discretion of
the district or city engineer, wider easements may be required for adequate maintenance, access
and/or joint utility purposes.
35. Developer shall install potable water and/or recycled water services and meters at locations approved
by the district engineer. The locations of said services shall be reflected on public improvement plans.
36. The developer shall agree to install sewer laterals and clean-outs at locations approved by the city
engineer. The locations of sewer laterals shall be reflected on public improvement plans.
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Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
37. Prior to Map Recordation developer shall pay planned local area drainage fees in accordance with
Section 15.08.020 of the City of Ca rlsbad Municipal Code to the satisfaction of the city engineer.
38. Prior to Map Recordation 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.
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.
If you have any questions regarding this matter, please feel free to contact Edward Valenzuela at (442)
339-2624 or by email at edward .valenzuela@carlsbadca .gov.
Sincerely,
MICHAEL STRONG
Assistant Director of Community Development
MS:EV:cf
c: Nichole Fine, Project Engineer
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