HomeMy WebLinkAboutMS 15-01; NAYLOR JORDAN TPM - 2ND EXTENSION; Admin Decision LetterJuly 25, 2019
Nancy Naylor Jordan
PO Box 2532
Carlsbad, CA 92018
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SUBJECT: MS 15-01 (DEV15010)-NAYLOR JORDAN TPM -2ND EXTENSION
('Cityof
Carlsbad
The Planning Division has completed a review of your application for the second extension of Minor
Subdivision MS 15-01 -Naylor Jordan TPM, submitted on July 11, 2019. The Minor Subdivision was
originally approved by the City Planner on July 30, 2015 and was due to expire on July 30, 2017. On
August 21, 2017, the first two-year extension to MS 15-01 was retroactively approved from July 30,
2017 to July 30, 2019.
After careful consideration of the circumstances surrounding this request, it has been determined that (1)
the second extension of Minor Subdivision MS 15-01 -Naylor Jordan TPM was submitted in a timely
manner prior to the expiration date, (2) there has been no change of circumstances in relation to the
Minor Subdivision regulations (i.e., Title 20 of the Carlsbad Municipal Code), (3) the project is still in
compliance with the Minor Subdivision regulations, and (4) the findings required for granting a Minor
Subdivision Extension can be made; therefore, the City Planner APPROVES the second extension of Minor
Subdivision MS 15-01-NAYLOR JORDAN TPM for two (2) years from July 30, 2019, to July 30, 2021,
based on the following findings and conditions.
Findings:
1. That all of the findings contained in the approval letter of Minor Subdivision MS 15-01, dated
July 30, 2015, apply to this extension and are incorporated herein by reference and remain in
effect.
2. That the second two-year extension of Minor Subdivision MS 15-01 (from July 30, 2019 to July
30, 2021) remains consistent with the General Plan, all titles of the Carlsbad Municipal Code and
growth management program policies and standards in place at the time the extension was filed.
3. That circumstances have not substantially changed since Minor Subdivision MS 15-01 was
originally approved.
4. That the two-year extension is appropriate because the owner/applicant is diligently pursuing
finalizing all necessary permits, the project remains consistent with the Minor Subdivision
regulations (i.e., Title 20 of the Carlsbad Municipal Code), and the extension would allow the
owner/applicant to preserve existing property entitlements while satisfying the conditions for the
two-lot residential subdivision.
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
MS 15-01 (DEV15010) -NAYLOR JORDAN TPM
July 25, 2019
Page 2
5. 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 15315 -Minor Land Divisions 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.
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. All of the conditions contained
in the approval letter for Minor Subdivision MS 15-01, dated July 30, 2015 and the first extension of
Minor Subdivision MS 15-01, dated August 21, 2017, are superseded by the conditions contained in this
approval.
Planning:
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 Tentative Parcel Map.
2. Approval is granted for the second extension of MS 15-01 as shown on Exhibit "A", dated July 29,
2015, on file in the Planning Division and incorporated herein by reference. Development shall
occur substantially as shown unless otherwise noted in these conditions.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Tentative Parcel Map 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 ~re 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 Tentative Parcel Map, (b) city's approval or issuance
MS 15-01 (DEV15010) -NAYLOR JORDAN TPM
July 25, 2019
Page 3
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 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.
8. 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.
9. 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.
10. At issuance of building permits, or prior to the approval of a final map and/or issuance of
certificate of compliance for the conversion of existing apartments to air-space condominiums,
the Developer shall pay to the city an inclusionary housing in-lieu fee (a total of one, or two if the
existing home is demolished and building permits to replace that home are not applied for
within two years) as an individual fee on a per market rate dwelling unit basis in the amount in
effect at the time, as established by City Council Resolution from time to time.
11. 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.
12. Prior to the approval of the final map, owner/applicant 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 Tentative Parcel Map on the real property owned by the owner/applicant. 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 owner/applicant or successor in interest.
13. Prior to approval of a final map or certificate of compliance, a new two-car garage with access
from Magnolia Avenue shall be constructed within the boundaries of Parcel 1 to serve the
existing home located at 1196 Magnolia Avenue. The two-car garage shall meet all applicable
development standards.
MS 15-01 (DEV15010) -NAYLOR JORDAN TPM
July 25, 2019
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14. Prior to approval of a final map or certificate of compliance, the existing home at 1196 Magnolia
Avenue shall be modified to meet all applicable development standards, including the required
side yard setback from the new panhandle portion of Parcel 2.
15. Prior to approval of a final map or certificate of compliance, the existing shed on Parcel 1 shall
be removed or relocated to meet all applicable development standards.
16. 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
other 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.
17. This project has been found to result in impacts to wildlife habitat or other lands, such as
agricultural land, non-native grassland, and disturbed lands, which provide some benefits to
wildlife, as documented in the city's Habitat Management Plan and the environmental analysis
for this project. Developer is aware that the city has adopted an In-lieu Mitigation Fee consistent
with Section E.6 of the Habitat Management Plan and City Council Resolution No. 2000-223 to
fund mitigation for impacts to certain categories of vegetation and animal species. The Developer
is further aware that the city has determined that all projects will be required to pay the fee in
order to be found consistent with the Habitat Management Plan and the Open Space and
Conservation Element of the General Plan. Developer or Developer's successor(s) in interest shall
pay the fee for 0.25 acres of disturbed lands prior to recordation of a final map, or issuance of a
grading permit or building permit, whichever occurs first. If the In-lieu Mitigation Fee for this
project is not paid, this project will not be consistent with the Habitat Management Plan and the
General Plan and any and all approvals for this project shall become null and void.
Engineering:
General:
18. 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.
19. 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.
20. 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.
21. 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.
MS 15-01 (DEV15010) -NAYLOR JORDAN TPM
July 25, 2019
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Fees/ Agreements:
22. 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.
23. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
24. 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:
25. Prior to the issuance of a building permit for Parcel 2, a grading permit 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
26. 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.
27. Developer shall complete and submit to the city engineer a Determination of Project's SW PPP 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.
28. 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:
29. Developer shall design all proposed public improvements including but not limited to sewer
lateral and water service/meter as shown on the tentative map. These improvements shall be
shown on one of the following, subject to city engineer approval:
a. Grading plans processed in conjunction with this project; or
b. Construction Revision to an existing record public improvement drawing.
MS 15-01 (DEV15010)-NAYLOR JORDAN TPM
July 25, 2019
Page 6
Developer shall pay plan check and inspection fees using improvement valuations in accordance
with the city's current fee schedule. Developer shall apply for and obtain a right-of-way permit
prior to performing work in the city right-of-way.
Non-Mapping Notes:
30. Add the following notes to the final map as non-mapping data:
Utilities:
a. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and wa·ter facilities are available.
b. Geotechnical Caution:
i. 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. 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 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.
31. Developer shall meet with the fire marshal to determine fire protection measures (fire flows, fire
hydrant locations, building sprinklers) required to serve the project. Fire hydrants, if proposed,
shall be considered public improvements and shall be served by public water mains to the
satisfaction of the district engineer.
32. 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 or grading plans by construction revision or grading plans.
33. 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 by
construction revision or grading plans.
MS 15-01 (DEV15010) -NAYLOR JORDAN TPM
July 25, 2019
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Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
34. The second Minor Subdivision Extension of MS 15-01 is granted for a period of two (2) years
from July 30, 2019, through July 30, 2021, unless extended per Chapter 20.24.180 of the
Carlsbad Municipal Code.
35. 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.
36. 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/or shown on the Tentative Parcel Map are for planning
purposes only.
37. 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.
38. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
39. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Ma_nagement
fee for Zone 1 as required by Carlsbad Municipal Code Section 21.90.050.
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.
CITY OF CARLSBAD
TERI DELCAMP
Principal Planner
TD:CG:dh
c: Nancy Jordan, 1196 Magnolia Avenue, Carlsbad, CA 92008
Kyrenne Chua, Project Engineer
HPRM / File Copy