HomeMy WebLinkAboutAMEND 2025-0002; YEOMANS TPM; Department CommentsJuly 16, 2025
{city of
Carlsbad
Peter Riechers
Riechers Engineering
5 Canopy Lane
Napa, CA 94558
SUBJECT: AMEND 2025-0002 (DEV2023-0138) -YEOMANS TPM -Request for an amendment to
Minor Subdivision MS 2023-0006 and subsequent amendment AMEND 2024-0007, to
subdivide a 24,399-square-foot lot into two lots as allowed by Assembly Bill 9 (SB-9),
otherwise known as an urban lot split. The proposed lot sizes are 14,638 square feet
(Parcel A) and 9,761 square feet (Parcel B). The existing 2,230-square-foot single-family
dwelling on the larger parcel (Parcel A) will remain. Access to Parcel A is provided by
Tuolumne Place and access to Parcel B will be provided by Tiburon Avenue. The
amendment to AMEND 2024-0007 has been requested to allow a minor adjustment in
the lot sizes .
Dear Peter Riechers,
The City Planner has completed a review of your application, AMEND 2025-0002, which is an amendment
to AMEND 2024-0007 as described above. 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:
MINOR SUBDIVISION AMENDMENT, AMEND 2025-0002
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, 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 amended lot configuration complies with the
requirements of California Government Code Section 66411.7, 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 east and west are also designated for Residential, 0-4 dwelling units per acre in
the General Plan and are developed with single-family homes.
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 amended lot configuration for the proposed subdivision meets the requirements of California
Government Code Section 66411.7.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
AMEND 2025-0002 {DEV2023-0138)-YEOMANS TPM
July 16, 2025
Pa e 2
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, 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 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 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 24,339
square feet and the two lots after the subdivision are 14,638 square feet {Parcel A) and 9,761 square
feet {Parcel B). The smaller of the two parcels proposed is 9,761 square feet, or 40% of the lot area
of the original parcel.
11. Both newly created parcels are no smaller than 1,200 square feet, as the two lots after the
subdivision are 14,638 square feet and 9,761 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, in that the parcel is in the One-
Family Residential (R-1) Zone, which allows one-family dwellings.
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
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
AMEND 2025-0002 (DEV2023-0138) -YEOMANS TPM
July 16, 2025
Page 3
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 haza rdous waste site, within a delineated ea rthquake 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.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
AMEND 2025-0002 (DEV2023-0138) -YEOMANS TPM
July 16, 2025
Pa e 4
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of the
Tentative Parcel Map.
1. Approval is granted for AMEND 2025-0002 as shown on Exhibits "A" -"B" dated July 1, 2025, 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 Subdivision Amendment.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Minor Subdivision Amendment 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. 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 Subdivision Amendment, (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.
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.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
AMEND 2025-0002 (DEV2023-0138)-YEOMANS TPM
July 16, 2025
Pa e 5
8. Prior to the recordation of the parcel map, the Developer shall enter into an Affordable Housing
Agreement with the city, requiring an inclusionary housing in lieu fee be paid prior to issuance of
building permits, in accordance with the requirements and process set forth in Chapter 21.85 of the
Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be submitted to the City
Planner no later than 60 days prior to the request to final the map. The recorded Affordable Housing
Agreement shall be binding on all future owners and successors in interest.
9. Prior to the recordation of the associated Parcel Map, 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, 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 Amendment (AMEND 2025-0002) 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. 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.
10. Prior to the recordation of the parcel map, developer shall pay park-in-lieu fees to the city or enter
into an agreement to secure the payment of the fees in accordance with Section 20.44.050 of the
Carlsbad Municipal Code.
11. This project approval becomes null and void upon the expiration or withdrawal of Amendment to
Minor Subdivision AMEND 2025-0002.
12. 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.
13. This approval letter dated July 1, 2025, supersedes the previous approval letter dated October 3,
2024 (MS 2023-0006).
Engineering:
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of
this proposed subdivision, must be met prior to approval of a parcel map, building or grading permit
whichever occurs first.
General
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 prepare, submit, and process for city engineer approval a parcel map to subdivide
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442 -339-2600
AMEND 2025-0002 (DEV2023-0138) -YEOMANS TPM
July 16, 2025
Page 6
this project. There shall be one parcel Map recorded for this project. Developer shall pay the city
standard map review plan check fees.
16. 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.
Dedications/Improvements
17 . Developer shall cause owner to submit to the city engineer for recordation a covenant of easement
for private drainage purposes as shown on the tentative parcel map. Developer shall pay processing
fees per the city's latest fee schedule.
18. 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.
19. 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 parcel map and to
the satisfaction of the city engineer. These facilities shall be constructed within the property.
Non-Mapping Notes
20. Add the following notes to the final map as non-mapping data:
a. Pursuant to Carlsbad Municipal Code Section 20.28.0G0(b), the City Engineer has
determined that public street improvements shall not be required until, at or after
such time as a building or grading permit is required. Therefore, prior to issuance of a
building permit or grading permit, whichever occurs first, on Parcel B developer shall
execute a city standard Subdivision Improvement Agreement and shall post security in
accordance with C.M.C. Section 20.16.070 to install public improvements shown on the
Tentative Parcel Map. These improvements include, but are not limited to:
i. Driveway
ii. Sewer Service
iii. Water Service, Meter and Backflow
b. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
c. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted
to encroach within the area identified as a sight distance corridor as defined by City of
Carlsbad Engineering Standards or line-of-sight per Caltrans standards.
d. 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
Commun ity Deve lopment Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
AMEND 2025-0002 (DEV2023-0138)-YEOMANS TPM
July 16, 2025
Pa e 7
Utilities:
identified in the city approved development plans.
e. 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 in
accordance with section 20.44.050 of the Carlsbad Municipal Code and has either paid
all of said park in-lieu fees or agreed to pay all of said park-in-lieu fees in accordance with
section 20.16.070 of the Carlsbad Municipal Code.
21. 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.
22. Developer shall design and agree to construct public facilities within public right-of-way or within
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.
23. The developer shall agree to design landscape and irrigation plans utilizing recycled water as a source
and prepare and submit a colored recycled water use map to the Planning Department for processing
and approval by the district engineer.
24. Prior to issuance of a building permit or grading permit, whichever occurs first the 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. '
25. Prior to issuance of a building permit or grading permit, whichever occurs first 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.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
26. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the City
of Carlsbad Municipal Code to the satisfaction of the city engineer.
27 . 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 Parcel Map are for planning purposes only.
Commun ity Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
AMEND 2025-0002 (DEV2023-0138)-VEOMANS TPM
July 16, 2025
Page 8
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 Mackenzie VanZyverden at
(442) 339-5301 or by email at mackenzie.vanzyverden@carlsbadca.gov.
Sincerely,
~~
ERIC LARDY, AICP
City Planner
EL:cf
cc: Chris Yeomans, 4378 Tuolumne Place, Carlsbad, CA 92010
Nichole Fine, Project Engineer
Eric Lardy, City Planner
Laserfiche/File Copy
Data Entry
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600