HomeMy WebLinkAboutPUD 2023-0006; 1308 OAK AVE MINOR SUBDIVISION; Admin Decision Letter{city of
Carlsbad
September 10, 2025
Josh Mazur
3683 Valley Street
Carlsbad, CA 92008
SUBJECT: PUD 2023-0006/MS 2023-0008 (DEV2023-0144) -1308 OAK AVE MINOR
SUBDIVISION / PUD -Request for approval of a Minor Planned Development
Permit and Minor Subdivision (PUD 2023-0006/MS 2023-0008) to subdivide a
32,162-square-foot property with an existing single-family dwelling, accessory
dwelling unit (ADU) and junior accessory dwelling unit (JADU) into four lots: three
residential lots and one common-ownership parking and access lot. Lot 1 (8,287
square feet) will provide shared parking and a drive aisle connecting to Oak
Avenue. Lot 2 (10,564 square feet) will retain the existing single-family home, ADU
and JADU. Lot 3 (7,505 square feet) will include a new 2,440-square-foot, two-
story, 30-foot-tall, single-family home with a 1,200-square-foot attached ADU, a
472-square-foot JADU, and three one-car garages. Lot 4 (5,807 square feet) will
include a new 2,369-square-foot, two-story, 30-foot-tall, single-family home, a
1,191-square-foot-attached ADU, a 500-square-foot JADU and three one-car
garages. The project is located at 1308 Oak Avenue, in the R-1 Zone and Local
Facilities Management Zone 1.
Dear Josh Mazur,
The City Planner has completed a review of your application for a Minor Planned Development
Permit and Minor Subdivision to subdivide an existing lot with a single-family residence into
four lots: one common-ownership lot for access and parking (Lot 1), one lot retaining the
existing residence (Lot 2), and two lots (Lots 3 and 4), each proposed to contain a new single-
family dwelling with an ADU and JADU, located at 1308 Oak Avenue. A notice was sent to
property owners within a 300-foot radius of the subject property requesting comments regarding
the above request. Comments were received within the ten-day noticing period (ending on
August 4, 2025) and a request for an Administrative Hearing was filed. On September 2, 2025,
the City Planner held an Administrative Hearing to consider said request. Public testimony was
given regarding the building height and potential impacts to private views. After careful
consideration of the evidence presented at the Administrative Hearing, the City Planner has
made a decision pursuant to Section 21.45.050 of the City of Carlsbad Municipal Code to
APPROVE this request based on the following findings and subject to the conditions listed below.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
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Findings:
PUD 2023-0006
1. That the proposed project is consistent with the general plan, and complies with all applicable
provisions of Chapter 21.45, and all other applicable provisions of the Carlsbad Municipal
Code, in that the General Plan Land Use designation for the property is R-4. The R-4 Land
Use designation allows for the development of one-family, two-family, and multiple family
residential units within a density range of 0 -4 dwelling units per acre (du/ac). The site
consists of an existing single-family residence and the project proposes two additional
single-family residences for a total of 3 units. As ADUs and JADUs are not calculated
towards residential density allowances pursuant to California Government Code Section
65852.2, the project results in a density of 4.05 du/ac. General Plan Policy 2-P.156 allows
for residential development above the allowed maximum density on properties within an
R-4 land use designation when the implementing zone would permit a slightly higher
dwelling unit yield and if (1) the project is consistent with the intended uses of the
applicable land use designation (R-4) and other applicable goals and policies of the General
Plan, (2) there is sufficient infrastructure to support the project, and (3) the proposed
density does not exceed the allowed maximum density by more than 25 percent. The
project is consistent with the intended use of the R-4 land use designation in that it
proposes one detached single-family dwelling on each lot, except for the common
ownership lot which will be used for access and parking for future residents. The project is
consistent with the goals and policies of the General Plan, including Policy 2-G.4, to provide
balanced neighborhoods with a variety of housing types and density ranges to meet the
diverse demographic, economic and social needs of residents, while ensuring a cohesive
urban form with careful regard for compatibility and Policy 2-G.3 to promote infill
development that makes efficient use of limited land supply, while ensuring compatibility
and integration with existing uses. All necessary public services and infrastructure are in
place or can be extended to serve the project, which comes with support from fire, water,
sewer, and transportation, indicating that there is sufficient infrastructure to support the
project. In addition, the project's proposed density of 4.05 du/ac exceeds the allowed
maximum density of 4 du/ac by 1.25 percent. The proposed subdivision meets all
development standards and design criteria required by the Planned Development
ordinance for the creation of four lots, in that the minimum size and width of each of the
lots is approximately 5,807 square feet and 56.91 feet, respectively; the lot coverage for
each unit does not exceed 45 percent of the net pad area; and each unit complies with the
minimum yard/setback requirements.
2. That the proposed project will not be detrimental to existing uses, or to uses specifically
permitted in the area in which the proposed use is to be located, and will not adversely impact
the site, surroundings, or traffic, in that the project involves the subdivision of an existing
lot with a single-family residence into four lots: one common-ownership lot for access and
parking (Lot 1), one lot retaining the existing residence (Lot 2), and two lots (Lots 3 and 4),
PUD 2023-0006/MS 2023-0008 (DEV2023-0144)-1308 OAK AVE MINOR SUBDIVISION/ PUD
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each proposed to contain a new single-family dwelling with an ADU and JADU. The project
is located in an area in which all necessary public facilities are constructed and in place. The
existing two-story residential structure and proposed two-story single-family dwellings
with proposed ADUs and JADUs are compatible with surrounding one and two-family
residential uses and one-story office uses, and no negative traffic impacts will result from
the project as the surrounding streets have adequate capacity to accommodate the 60
additional average daily trips (ADTs) generated by the 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 of the Planned
Development Ordinance (CMC Chapter 21.45} of the Carlsbad Municipal Code by providing
a diverse type of housing of one-family dwellings on individual lots, some being less than
seven thousand five hundred square feet in size.
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 single-family
dwelling and two proposed single-family dwellings with attached ADUs and JADUs are
similar to other surrounding developed residential projects.
b. Includes the use of harmonious materials and colors, and the appropriate use of
landscaping, in that the existing single-family dwelling and two proposed single-family
dwellings with attached ADUs and JADUs utilizes an earth tone color scheme. The
landscaping consists of plant material that enhance the exterior of the building and is
harmonious with the surrounding residences; and
c. Achieves continuity among all elements of the project, in that all elements (site layout,
architecture, landscaping) create continuity in the overall project design and the project
blends well with the variety of architectural styles that exist within the surrounding
neighborhood.
MS 2023-0008
5. 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
General Plan Land Use designation, the R-1 zoning designation and Planned Development
Ordinance (CMC Chapter 21.45} allow for one-family homes on small lots with a minimum
lot size of 5,000 square feet when the project site is contiguous to a higher intensity land
use designation or zone, or an existing project of comparable or higher density. The site is
adjacent to higher intensity land use designation of Office (O} to the northeast of the site,
which contains 5 existing buildings with 10 airspace medical office condominium units. The
PUD 2023-0006/MS 2023-0008 (DEV2023-0144)-1308 OAK AVE MINOR SUBDIVISION/ PUD
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proposed lots and existing units comply with the minimum requirements of Titles 20 and
21 regarding lot size and width and the project has been designed to comply with all other
regulations.
6. That the proposed project is compatible with the surrounding future land uses since
surrounding properties have a General Plan Land Use designation of R-4, 0 (Office) and P
(Public) and the subject property is surrounded by existing single-family homes, two-family
homes and medical offices. The subdivision of the 0.74-acre lot into four lots containing a
total of three single-family dwelling units would result in a density of 4.05 du/ac, which
exceeds the density range allowed by the R-4 designation (0 -4 du/ac). However, General
Plan Policy 2-P.156 allows for residential development above the allowed maximum
density on properties within an R-4 land use designation when the implementing zone
would permit a slightly higher dwelling unit yield and if (1) the project is consistent with
the intended uses of the applicable land use designation (R-4) and other applicable goals
and policies of the General Plan, (2) there is sufficient infrastructure to support the project,
and (3) the proposed density does not exceed the allowed maximum density by more than
25 percent. The project is consistent with the intended use of the R-4 land use designation
in that it proposes one detached single-family dwelling on each lot, except for the common
ownership lot which will be used for access and parking for future residents, the project is
consistent with the goals and policies of the General Plan, there is sufficient infrastructure
to support the project, and the proposed density of 4.05 du/ac exceeds the allowed
maximum density of 4 du/ac by 1.25 percent. The project supports General Plan Goal 2-G.2
which promotes a diversity of compatible land uses throughout the city to enable people
to live close to job locations, adequate and convenient commercial services, and public
support systems.
7. 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 four parcels
including, but not limited to, requirements for access, minimum lot size, lot width and
setbacks.
8. 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.
9. That the property is not subject to a contract entered into pursuant to the Land Conservation
Act of 1965 (Williamson Act).
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10. 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 proposed residential
units have multiple windows on all sides of the buildings to take advantage of natural
heating and cooling opportunities.
11. 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.
12. 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 site is currently developed with a single family dwelling and the project
site does not contain any sensitive resources.
13. 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.
General
14. 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 to Section 15303(a) (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.
15. That the request for a Minor Planned Development Permit and Minor Subdivision 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.
16. The City Planner has reviewed each of 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.
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Conditions:
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of
the associated Tentative Parcel Map (MS 2023-0009).
1. Approval is granted for PUD 2023-0006/MS 2023-0008 as shown on Exhibit "A" -"W" dated
September 10, 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 Planned Development Permit/Minor Subdivision.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Minor Planned Development Permit/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. 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.
5. 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.
6. Prior to the recordation of the associated Parcel Map (MS 2023-0008), 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
2023-0006) and Minor Subdivision (MS 2023-0008) on the property. Said Notice of
Restriction shall note the property description, location of the file containing complete
PUD 2023-0006/MS 2023-0008 (DEV2023-0144)-1308 OAK AVE MINOR SUBDIVISION/ PUD
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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.
7. Developer shall pay park-in-lieu fees to the city, prior to the recordation of the parcel map as
required by Chapter 20.44 of the Carlsbad Municipal Code.
8. Prior to final Parcel Map, the developer shall submit one (1) copy of a compliance inspection
performed on the property by the Building Division.
9. This project approval becomes null and void upon the expiration or withdrawal of Planned
Development Permit and Minor Subdivision PUD 2023-0006/MS 2023-0008.
10. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
11. 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.
12. This project shall comply with all conditions and mitigation measures which are required as
part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan
prior to the issuance of building permits.
35. Developer shall establish a homeowner's association and corresponding covenants,
conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved by the
City Planner prior to final map approval. Prior to Certificate of Occupancy, the Developer
shall provide the Planning Division with a recorded copy of the official CC&Rs that have been
approved by the Department of Real Estate and the City Planner. A "hold" will be placed on
the building permit (i.e. Certificate of Occupancy) to ensure that said CC&R's are received
prior to issuance of Certificate of Occupancy. 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, the city shall have the right to
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disapprove. A copy of the final approved amendment shall be transmitted to the city
within 30 days for the official record.
c. Failure of Association to Maintain Common Area Lots and Easements: In the event that
the Association fails to maintain the "Common Area Lots and/or the Association's
Easements" as provided in Article---~ Section _____ the city shall have the
right, but not the duty, to perform the necessary maintenance. If the city elects to
perform such maintenance, the city shall give written notice to the Association, with a
copy thereof to the Owners in the Project, setting forth with particularity the
maintenance which the city finds to be required and requesting the same be carried out
by the Association within a period of thirty (30} days from the giving of such notice. In
the event that the Association fails to carry out such maintenance of the Common Area
Lots and/or Association's Easements within the period specified by the city's notice, the
city shall be entitled to cause such work to be completed and shall be entitled to
reimbursement with respect thereto from the Owners as provided herein.
d. Special Assessments Levied by the city: 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 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.
e. Landscape Maintenance Responsibilities: The HOAs and individual lot owner landscape
maintenance responsibilities shall be as set forth in Exhibit ____ _
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f. Drive-Aisle and Shared Parking Responsibilities: The HOAs and individual lot owner
drive-aisle and shared parking maintenance responsibilities shall be as set forth in
Exhibit -----
13. Developer shall make a separate formal landscape construction drawing plan check submittal
to the Planning Division and obtain City Planner approval of a Final Landscape and Irrigation
Plan showing conformance with the approved Preliminary Landscape Plan and the city's
Landscape Manual. Developer shall construct and install all landscaping and irrigation as
shown on the approved Final Plans. All landscaping shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris. All irrigation systems shall be
maintained to provide the optimum amount of water to the landscape for plant growth
without causing soil erosion and runoff.
14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape
plancheck process on file in the Planning Division and accompanied by the project's building,
improvement, and grading plans.
15. Building permits will not be issued for this project unless the local agency providing water
and sewer services to the project provides written certification to the city that adequate
water service and sewer facilities, respectively, are available to the project at the time of the
application for the building permit, and that water and sewer capacity and facilities will
continue to be available until the time of occupancy. A note to this effect shall be placed on
the Final Map.
16. 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/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.
17. 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.
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Engineering:
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the
approval of this proposed development/subdivision, must be met prior to approval of a
Parcel Map, building or grading permit whichever occurs first.
General
1. 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.
2. 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.
3. Developer shall submit to the city engineer an acceptable instrument, via CC&Rs and/or other
recorded document, addressing the maintenance, repair, and replacement of shared private
improvements within this subdivision, including but not limited to pervious pavers and
driveway improvements located therein and to distribute the costs of such maintenance in
an equitable manner among the owners of the properties within this subdivision.
4. 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.
5. 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.
6. 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.
Fees/ Agreements
7. 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.
8. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city's standard form Drainage Hold Harmless Agreement.
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9. Developer shall cause property owner to enter into a Neighborhood Improvement
Agreement with the city on a city standard form for the future public improvement of OAK
AVENUE along the property frontage for a half street width of 40-feet. Public improvements
shall include but are not limited to paving, base sidewalks, curb and gutter, relocation of
utilities, sewer, water, fire hydrants and street lights.
10. Developer shall cause owner to execute, for recordation, a city standard Local Improvement
District Agreement to pay fair share contributions for undergrounding of all existing overhead
utilities and installation of street lights, as needed, along the subdivision frontage, should a
future district be formed.
Grading
11. Based upon a review of the proposed grading and the grading quantities shown on the
tentative parcel map, a grading permit for this project is required. Developer shall prepare
and submit 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.
Storm Water Quality
12. 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 of the above requirements.
13. 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.
14. 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 sign age all to the satisfaction of the city engineer.
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Dedications/Improvements
15. Developer shall cause owner to submit to the city engineer for recordation a covenant of
easement for private reciprocal access purposes as shown on the tentative parcel map. The
offer shall be made by certificate on the parcel map. Developer shall pay processing fees per
the city's latest fee schedule.
16. Developer shall cause owner to dedicate to the city and/or other appropriate entities for fire
access purposes as shown on the tentative parcel map. The offer shall be made by a
certificate on the parcel map. All land so offered shall be free and clear of all liens and
encumbrances and without cost to the city. Streets that are already public are not required
to be rededicated. Additional easements may be required at final design to the satisfaction
of the city engineer.
17. Developer shall design the private drainage systems, as shown on the tentative parcel 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.
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 shall prepare and process public improvement plans and, prior to city engineer
approval of said plans, shall execute a city standard Subdivision Improvement Agreement to
install and shall post security in accordance with C.M.C. Section 20.16.070 for public
improvements shown on the tentative parcel 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. Driveway
B. Water Services, meters and backflows
C. Sewer service
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 fees in accordance with the fee schedule. Improvements listed above
shall be constructed within 36 months of approval of the subdivision or development
improvement agreement or such other time as provided in said agreement.
20. 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.
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Non-Mapping Notes
21. Add the following notes to the final map as non-mapping data:
A. Developer has executed a city standard Subdivision Improvement Agreement and has
posted 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:
1. Driveway
2. Water Services, meters and backflows
3. Sewer service
4. 3" AC Grind and Overlay
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. 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 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.
Utilities
22. 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
23. 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.
PUD 2023-0006/MS 2023-0008 (DEV2023-0144)-1308 OAK AVE MINOR SUBDIVISION/ PUD
September 10, 2025
Pa e 14
24. 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.
25. The developer shall design and agree to construct public water and sewer facilities
substantially as shown on the Tentative Parcel Map to the satisfaction of the district engineer
and city engineer.
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.
28. Subdivider shall comply with Section 20.16.040{0) of the Carlsbad Municipal Code regarding
the undergrounding of existing overhead utilities.
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.
PUD 2023-0006/MS 2023-0008 (DEV2023-0144)-1308 OAK AVE MINOR SUBDIVISION/ PUD
September 10, 2025
Pa e 15
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 $952.00. 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 free to contact Lauren Yzaguirre at (442) 339-2634.
Sincerely,
~~
Eric Lardy
City Planner
EL:LV:cf
c: Eric Munoz, 288 Loker Avenue STE 217, Carlsbad, CA 92010
Nichole Fine, Project Engineer
Laserfiche/File Copy
Data Entry