HomeMy WebLinkAboutHDP 2018-0005; VIOLA MINOR SUBDIVISION; Admin Decision Letter~ \J l \ · 2 \ · t
\3f\lt eoPl Ccityof
Carlsbad
November 21, 2018
Theodore Viola
IMAGED
NOV 21 2018
AG MISH TOFF TRUST
Suite 110 CITY OF CARLSBAD~
4858 Park Drive,
Carlsbad, CA 92008
SUBJECT:
Dear Mr. Viola,
o,oo t:,,'$
HOP 2018-0005/MS 2018-0008 (DEV2018-0QW¼-VIOLA MINOR SUBDIVISION -
Request for approval of a Minor Hillside Development Permit HOP 2018-0005 and
Tentative Parcel Map MS 2018-0008 to allow for a two-lot subdivision of a 0.729-acre lot
generally located on the south side of Adams Street, north of Agua Hedionda Lagoon,
between Highland Drive and Hoover Street in Carlsbad, California, in the R-1-15,000
Zone and in Local Facilities Management Zone 1. Parcel 1 is proposed to be 15,458
square feet in size and accessed from Hoover Street. Parcel 2 is proposed to be 16,317
square feet in size and accessed from Adams Street.
The City Planner has completed a review of the application for a tentative parcel map and minor hillside
development permit located on the south side of Adams Street, north of Agua Hedionda Lagoon, between
Highland Drive and Hoover Street in Carlsbad, California (APN 206-172-02-00). A notice was sent to
property owners within a 300' radius of the subject property requesting comments regarding the above
request. No comments were received within the ten day notice period (ending on November 9, 2018).
The City Planner has made a decision pursuant to Section 20.24.120 and Chapter 21.95 of the City of
Carlsbad Municipal Code to approve this tentative parcel map based on the findings and subject to the
conditions listed below,. · ... ~~
Findings:
Minor Hillside Development Permit
1. Hillside conditions have been properly identified on the slope analysis which shows existing and
proposed conditions and slope percentages.
2. Undevelopable areas of the project, i.e. slopes over 40%, have been properly identified on the
slope analysis.
3. The development proposal is consistent with the intent, purpose and requirements of the Hillside
Ordinance, Chapter 21.95 in that there will be no impacts to the Agua Hedionda Lagoon or
riparian ecosystems in that the conceptual grading plan shows how the new lots may be
Community & Economic Development
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov
HDP 2018-0005/MS 2018-0008 (DEV2018-0010)-VIOLA MINOR SUBDIVISION
· November 21, 2018
Pa e 2
developed with single-family homes in an environmentally sensitive manner that comply with
the hillside development and design standards of Chapter 21.95, the city's Stormwater
Regulations and implement best management practices.
4. The proposed grading and development will not impact the undeveiopable portions of the site in
that the lots to be developed are within a disturbed area due to previous grading and will not
impact the surrounding natural hillside.
5. The grading design minimizes disturbance of hillside lands in that the conceptual grading plans
shows how future grading will be minimal to accommodate two stepped building pads that
follow the existing contours of the site and will not impact the surrounding natural terrain.
6. The project design substantially conforms to the intent of the concept illustrated in the Hillside
Development Guidelines Manual in that the conceptual grading plan demonstrates how future
grading will be minimal to accommodate a new single-family home on each lot. The conceptual
grading volume falls within the acceptable level per CMC Section 21.195.140(D) as follows: 1)
2,711 cubic yards of cut per acre required to accommodate the pad for parcel 1; and 2) 2,245
cubic yards of fill per acre to accommodate the pad for parcel 2. None of the manufactured
slopes will exceed a height of 40 feet. Furthermore, the graded slopes will be landscaped
pursuant to the City's Landscape Manual. The combined effect will soften the appearance of
the graded slopes.
Tentative Parcel Map
7. 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 project implements the goals and
policies of the General Plan as discussed In the General Findings section below; is consistent
with all minimum requirements of Titles 20 and 21 governing lot size and configuration; and has
been designed to comply with all applicable City regulations.
8. That the proposed project is compatible with the surrounding future land uses since surrounding
properties are designated for residential development on the General Plan and are developed
with single-family homes of comparable lot sizes.
9. 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 conceptual grading plan, Exhibit "B" dated November 21, 2018, demonstrates how
single-family homes may be developed on the undeveloped lots, consistent with the zoning
ordinance, without the need for variances from development standards.
10. 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 project has been
designed and conditioned such that there are no conflicts with established easements.
11. That the property is not subject to a contract entered into pursuant to the Land Conservation Act
of 1965 (Williamson Act).
HDP 2018-0005/MS 2018-0008 (DEV2018-0010)-VIOLA MINOR SUBDIVISION
November 21, 2018
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12. 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 new lots allow for passive or
natural solar heating and cooling opportunities and provide ample area to take advantage of
prevailing breezes.
13. 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.
14. 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 no native or wetland type habitats or natural drainage areas exist on site.
15. 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 tentative parcel map does not
propose any physical development that would discharge waste thus resulting in a violation of
existing California Regional Water Quality Control Board requirements. Future development
is required to be designed in accordance with the latest orders established by the regional
water quality control board.
General Findings
16. That the City Planner finds that the project, as conditioned herein, is in conformance with the
City's General Pian in that the Residential (R-4) General Plan Land Use designation allows for the
subdivision of residential lots. The two residential lots meet the minimum lot size requirements
of the R-1-15,000 Zone with Parcel 1 at 15,458 square feet in size and Parcel 2 at 16,317 square
feet in size. The proposed subdivision satisfies the minimum requirements of Titles 20 and 21.
17. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 1 and all City public facility policies and ordinances. The project
includes elements or has been conditioned to construct or provide funding to ensure that all
facilities and improvements regarding sewer collection and treatment; water; drainage;
circulation; fire; schools; parks and other recreational facilities; libraries; government
administrative facilities; and open space, related to the project will be installed to serve new
development prior to or concurrent with need. Specifically:
a. The project has been conditioned to provide proof from the Carlsbad Unified School District
that the project has satisfied its obligation for school facilities.
b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected
prior to approval of the final parcel map.
c. The Public Facility fee is required to be paid by Council Policy No.17 and will be collected prior
to the issuance of building permit.
d. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
18. That the City Planner has determined that the project is exempt from the requirements of the
California Environmental Quality Act (CEQA) per Section 15315 (Minor Land Division) of the State
CEQA Guidelines and will not have any adverse significant impact on the environment in that the
HDP 2018-0005/MS 2018-0008 (DEV2018-0010)-VIOLA MINOR SUBDIVISION
November 21, 2018
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property is in an urbanized area; zoned for residential; is being subdivided into four or fewer
parcels; no variances are needed for the subdivision; all services for the parcels are available;
and the parcel was not part of a larger subdivision within the last two years.
19. 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.
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.
Planning
1. Prior to approval of the Minor Hillside Development Permit HDP 2018-0005 and Tentative Parcel
Map MS 2018-0008, the Developer shall apply for and obtain approval of a Coastal Development
Permit issued ,by the California Coastal Commission or its successor in interest, that substantially
conforms to this approval. A signed copy of the Coastal Development Permit must be submitted
to the City Planner. If the approval is substantially different, an amendment to Minor Hillside
Development Permit HDP 2018-0005 and Tentative Parcel Map MS 2018-0008 shall be required.
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 Hillside Development
Permit and Tentative Parcel Map.
3. Approval is granted for Minor Hillside Development Permit HDP 2018-0005 and Tentative Parcel
Map MS 2018-0008 as shown on Exhibits "A" -"C", dated November 21, 2018, on file in the
Planning Division and incorporated herein by reference. Development shall occur substantially as
shown unless otherwise noted in these conditions.
4. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Minor Hillside Development Permit HDP 2018-0005 and Tentative Parcel
Map MS 2018-0008 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.
5. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
HDP 2018-0005/MS 2018-0008 (DEV2018-0010)-VIOLA MINOR SUBDIVISION
November 21, 2018
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6. 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.
7. 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 Hillside Development Permit and Tentative
Parcel Map, (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.
8. Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from the Carlsbad Unified School District that this project has satisfied its obligation to
provide school facilities.
9. 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.
10. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the
License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD
#1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section
5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone
1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If
the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall
become void.
11. Developer shall report, in writing, to the City Planner within 30 days, any address change from
that which is shown on the permit application, any change in the telecommunications provider,
or any transfer in ownership of the site.
12. Prior to the issuance of the Final Map, Developer shall submit to the City a Notice of Restriction
executed by the owner of the real property to be developed. Said notice is 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 Hillside
Development Permit and Tentative Parcel Map by City Planner letter of approval 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 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.
HDP 2018-0005/MS 2018-0008 (DEV2018-0010)-VIOLA MINOR SUBDIVISION
November 21, 2018
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13. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities
District or other financing mechanism which is inconsistent with City Council Policy No. 38, by
allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any
either disclosure required by law or Council policy, the Developer shall disclose to future owners
in the project, to the maximum extent possible, the existence of the tax or fee, and that the school
district is the taxing agency responsible for the financing mechanism. The form of notice is subject
to the approval of the City Planner and shall at least include a handout and a sign inside the sales
facility stating the fact of a potential pass-through of fees or taxes exists and where complete
information regarding those fees or taxes can be obtained.
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.
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 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
16. 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 on either parcel prior to
approval of grading plans or Issuance of building permit, whichever occurs first.
17. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city's standard form Drainage Hold Harmless Agreement on either parcel prior to approval of
grading plans or issuance of building permit, whichever occurs first.
18. Developer shall cause property owner to enter into a lien contract with the city for the future
public improvement of Adams Street along the subdivision frontage for a half street width of 30-
feet. Public improvements shall include but are not limited to paving, base, sidewalks, curbs and
gutters, grading, clearing and grubbing, relocation of utilities, fire hydrants, street lights and guard
rail if warranted. Required improvements shall include retaining walls in the right-of-way and
related measures needed to avoid encroaching or disturbing environmentally sensitive areas
and any transitional improvements beyond the southerly property line of Parcel 2.
19. 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 Hoover Street along
the property frontage for a half street width of 28-feet. Public improvements shall include but
are not limited to paving, base, sidewalks, curbs and gutters, grading, clearing and grubbing,
relocation of utilities, fire hydrants, street lights, and retaining walls.
HOP 2018-0005/MS 2018-0008 (DEV2018-0010)-VIOLA MINOR SUBDIVISION
November 21, 2018
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Dedications/Improvements
20. Developer shall cause owner to submit to the city engineer for recordation a covenant of
easement for private sewer, potable water, and drainage purposes as shown on the tentative
map. Developer shall pay processing fees per the city's latest fee schedule.
Non-Mapping Notes
21. 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. 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 Carlsb_ad
Engineering Standards or line-of-sight per Caltrans standards.
c. 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.
CODE REMINDERS:
22. 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.
23. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final parcel map as
required by Chapter 20.44 of the Carlsbad Municipal Code.
24. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
25. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 1 as required by Carlsbad Municipal Code Section 21.90.050.
26. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of
the Carlsbad Municipal Code.
27. Approval of this request shall not excuse compliance with all applicable sections of the Zoning
Ordinance and all other applicable City ordinances in effect at time of building permit issuance,
except as otherwise specifically provided herein.
HOP 2018-0005/MS 2018-0008 (DEV2018-0010)-VIOLA MINOR SUBDIVISION
November 21, 2018
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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; to planning, zoning, grading, or other
similar application processing or service fees in connection with this project; or to any fees/exactions of
which you have previously been given a NOTICE similar to this, or as to which the statute of limitations
has previously otherwise expired.
This decision may be appealed by you or any other member of the public to the Planning Commission
within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division
at 1635 Faraday Avenue in Carlsbad, along with a payment of $876.00. 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 the Project Planner, Cliff Jones, at 760-602-4613.
Sincerely,
TERI DELCAMP
Principal Planner
TD:CJ:dh
c: Don Neu, City Planner
David Rick, Project Engineer
HPRM/File Copy
Data Entry