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HomeMy WebLinkAbout2017-06-21; Planning Commission; ; MS 16-05 (DEV 13014) – 1284 PINE PARTNERS The City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION Item No. Application complete date: February 8, 2017 P.C. AGENDA OF: June 21, 2017 Project Planner: Shannon Werneke Project Engineer: Steve Bobbett SUBJECT: MS 16-05 (DEV 13014) – 1284 PINE PARTNERS – An appeal of the City Planner’s decision to approve a request to subdivide a 0.44-acre parcel into two parcels within the One- Family Residential (R-1) zone on property addressed as 1274 Pine Avenue, in Local Facilities Management Zone 1. The City Planner has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15315 “Minor Land Divisions” of the State CEQA Guidelines and will not have any adverse significant impact on the environment. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7247 DENYING the appeal and UPHOLDING the City Planner’s decision to approve Minor Subdivision MS 16-05 based on the findings contained therein. II. PROJECT DESCRIPTION AND BACKGROUND Existing Setting The subject 0.44-acre site is located on the north side of Pine Avenue between Highland Drive to the east and Pio Pico Drive to the west. The project site is located in the One-Family Residential (R-1) zone and has a General Plan Land Use designation of Residential, 4-8 dwelling units per acre (R-8). Currently, the rear portion of the site is developed with a two-story, 4,642 square foot house with an attached five-car garage and a 640 square foot attached accessory dwelling unit. Table A below includes the General Plan designations, zoning and current land uses of the project site and surrounding properties. TABLE A Location General Plan Designation Zoning Current Land Use Site R-8 Residential 4-8 dwelling units per acre R-1, One Family Residential Single-family home and accessory dwelling unit North R-8 R-1 Single-family homes South R-4 Residential 0-4 dwelling units per acre R-1 Single-family homes East R-8 R-1 Single-family homes West R-8 R-1 Single-family homes 2 MS 16-05 (DEV 13014) – 1284 PINE PARTNERS June 21, 2017 Page 2 Project Description/History On July 21, 2016, a Minor Subdivision application (MS 16-05) was submitted to subdivide a 0.44-acre parcel addressed as 1274 Pine Avenue into two parcels with proposed lot sizes of 7,526 (Parcel 1) and 11,564 (Parcel 2) square feet. The existing single-family home is proposed to be located on Parcel 2. Access to Parcel 2 is proposed to be provided by an existing 12-foot-wide private driveway which will be located within the panhandle portion of the lot. The subject Minor Subdivision request represents the second such request to subdivide the property. The original Minor Subdivision was submitted in 2013 (MS 13-03), but was withdrawn by staff due to outstanding code violations at the time relating to grading on the property. Those violations have been resolved, and no code violations currently exist at 1274 Pine Avenue. Staff has conducted an inspection of the existing home and confirmed that it was constructed consistent with the approved building plans. On March 7, 2017, a Notice of Request for a Tentative Parcel Map was mailed out to the surrounding property owners (Carlsbad Municipal Code (CMC) Section 21.54.060.B.1, 300-foot radius). The primary intent of the Notice of Request is to solicit comments, particularly any objections with respect to the request. The notice is typically mailed out to the community when all staff comments have been addressed. If there are objections, any member of the community can request an administrative public hearing within 10 calendar days of the notice (March 7-16, 2017). Several correspondence letters were received from the public, three of which requested an administrative public hearing (please see Attachment 5). Primary concerns focused on the owner’s prior code violation history in the neighborhood. These concerns related to the illegal conversion of single-family homes into multi-family units with multiple illegal kitchens on Oak Avenue to the north and the impact that it has had on the neighborhood. Additional concerns were raised regarding the size and resulting mass/scale of the homes associated with the illegal conversions and how it has affected the character of the neighborhood. Several neighbors expressed concern regarding the proposed subdivision as it would allow for the construction of an additional potentially large single-family home, which may lack design elements and articulation which complements the older single-family neighborhood. On April 6, 2017, a notice for the administrative public hearing was mailed out to the community pursuant to CMC Section 21.54.060.B.2. On April 12, 2017, the City Planner received public comments at the administrative public hearing on the proposed request to subdivide the property. Approximately 10-15 people attended the hearing. A majority of the comments received mirrored the concerns expressed during the public comment period for the Tentative Parcel Map. Two persons spoke in favor of the project. The applicant’s representative indicated that the applicant intends to sell the additional lot created, and will not have any financial interest or involvement with the development of the future single-family home on that lot. A prospective buyer of the proposed parcel also attended the hearing. With consideration given to the comments received, as well as the fact that the proposed project meets the findings of CMC Titles 20 and 21, the City Planner approved the Minor Subdivision MS 16-05 on April 21, 2017. Please see Attachment 4 for reference. MS 16-05 (DEV 13014) – 1284 PINE PARTNERS June 21, 2017 Page 3 Three unique conditions were included to address neighborhood concerns and to ensure that the home built on Parcel 1 and, if desired, an accessory dwelling unit which complies with the Municipal Code, shall remain as such and cannot be converted into multi-family units. These conditions are summarized as follows:  Condition No. 13 requires that the standard Notice of Restriction recorded on title include a statement indicating that a maximum of one single-family home and one accessory dwelling unit can be permitted per lot.  Condition No. 29(E) requires that a note be added to the map indicating the same information but with the additional statement that multi-family units are not permitted on the lots as the properties are located in the One-Family Residential (R-1) zone.  Condition No. 32 requires that building plans for the future home on Parcel 1 be reviewed and approved by the City Planner and Building Official to confirm compliance with the CMC. This will provide staff with the opportunity to review the lay out of the floor plan to confirm that it does not lend itself to future conversions, such as the addition of more than one kitchen. On May 1, 2017, the Planning Division received an appeal of MS 16-05 from Joseph Kratcoski, on behalf of 20 property owners in the neighborhood (please see Attachment 3). As the last day to appeal fell on a weekend, staff accepted the appeal on Monday, May 1, 2017. III. APPEAL Chapter 21.54.140 of the CMC states that the burden of proof is on the appellant to establish by substantial evidence that the grounds for the requested action exist. The grounds for the appeal shall be limited to the following: 1. That there was an error or abuse of discretion on the part of the City Planner in that the decision was not supported by the facts presented to the City Planner prior to the decision being appealed; or 2. That there was not a fair and impartial hearing. The appeal hearing before the Planning Commission is de novo; however the Planning Commission shall consider only the evidence presented to the City Planner for consideration in the decision being appealed. The Planning Commission shall determine all matters not specified in the appeal have been found by the City Planner and are supported by substantial evidence. The Planning Commission may affirm, modify or reverse the decision of the City Planner, and make such order supported by substantial evidence as deemed appropriate, including remand to the City Planner with directions for further proceedings. The appeal cited three (3) reasons for the appeal. The grounds for the appeal are further discussed below, along with staff’s response. 1. Appellant statement: The decision to approve the lot split has been made without regard or acknowledgement of the Council Policy Statement on Livable Neighborhoods, effective 12/11/01. The Policy Statement outlines “Principles for the Development of Livable Neighborhoods” with Point 1 having particular relevance. MS 16-05 (DEV 13014) – 1284 PINE PARTNERS June 21, 2017 Page 4 Staff response: City Council Policy Statement No. 66, Livable Neighborhoods (please see Attachment 3), establishes principles for the development of livable neighborhoods. Point 1 of the Policy, Building Facades, Front Entries, Porches, encourages the design of facades which create interest and character through the use of building articulation and utilizing different architectural styles. Clearly identifiable front doors and porches are encouraged to enhance the street scene and promote social interaction. The scope of the proposed project is limited to the request to subdivide one lot into two lots. The construction of a single family home is not included as a part of the proposed project. Further, this Policy is not intended to be applied to the development of one single-family home. This Policy is required to be applied to a larger development project when multiple lots and homes are proposed. CMC Chapter 21.45, the Planned Development Ordinance, requires compliance with City Council Policy No. 66. The construction of a single-family home on a lot which complies with the R-1 zone is not subject to the Planned Development Ordinance. 2. Appellant statement: The decision to approve the lot split has been made without regard or acknowledgement of the Council Policy Statement on Neighborhood Architectural Design Guidelines, effective May 2nd, 2006. Appellant believes the said Guidelines apply to this development based on the referenced applicability to “New single family and two-family residential projects of 2-4 homes.” Guidelines 1, 2, 3 and 4 are of particular relevance. Staff response: City Council Policy Statement No. 44, Neighborhood Architectural Design Guidelines (please see Attachment 3), requires residential developers to incorporate a variety of architectural elements into proposed dwelling units. The intent is to create units that are visually interesting, have sufficient building articulation to reduce the bulk and mass, are in scale with the lot size, and strongly contribute toward the creation of livable neighborhoods. When City Council Policy No. 44 was last amended in May 2006, the City Council unanimously decided to exclude requests for the development of one single-family home on an individual lot from having to comply with the Policy. The City Council strongly advocated for property rights for the construction of one single- family home and did not want the process to be too costly or onerous. As a result, it is specifically stated in the first bullet point of applicability in the Policy that new, individual, single-family homes are not subject to the architectural guidelines. Further, as noted above, the scope of the project is a subdivision that does not include the construction of a new home. Therefore, staff is not able to apply the architectural guidelines outlined in City Council Policy No. 44 to the design of the future single-family home. 3. Appellant statement: The City of Carlsbad decision document approving the lot split does not provide sufficient referenceable detail that will ensure the compliance of the developer in adhering to Carlsbad City Codes as they relate to R1 development of the lot. Staff response: Findings 1-19 of the administrative approval letter dated April 21, 2017 (please see Attachment 4), detail the project’s compliance with the CMC and the General Plan. Specific code references are included throughout the document, including statements referencing the project’s compliance with the R-1 zone (Findings 2, 3, 4, 13, and 14). It should be noted, however, that MS 16-05 (DEV 13014) – 1284 PINE PARTNERS June 21, 2017 Page 5 staff has discovered a typographical error as it relates to Finding No. 16; the correct code reference is “CMC Section 21.10.100” not “CMC Section 21.08.080.” In order to discourage possible future illegal conversions of the home into multiple units, the City Planner also added three conditions to the project (please see Nos. 13, 29(E) and 32, as discussed previously). In summary, because the proposed Minor Subdivision meets the findings of fact for approval as specified in the Minor Subdivision approval letter dated April 21, 2017, staff recommends that the Planning Commission deny the appeal and uphold the City Planner’s decision to approve Minor Subdivision MS 16- 05. IV. ENVIRONMENTAL REVIEW 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 Divisions) of the State CEQA Guidelines and will not have any adverse significant impact on the environment. Specifically, the property is located 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; the parcel was not part of a larger subdivision within the last two years; and the parcel does not have an average slope greater than 20 percent. A Notice of Exemption will be filed by the City Planner upon final project approval. ATTACHMENTS: 1. Planning Commission Resolution No. 7247 2. Location Map 3. Appeal Form and Attachments from Joseph Kratcoski, dated May 1, 2017 4. MS 16-05 Administrative Approval Letter, dated April 21, 2017 5. Correspondence received during administrative notice public review period 6. Reduced Exhibit 7. Exhibit “A” dated June 21, 2017 PINE AVPINE AVVA L L E Y S T V A L L E Y S T CHESTNUT AVCHESTNUT AVOAK AVOAK AVCARLSBAD VILLAGE DRCARLSBAD VILLAGE DRH IG H LA N D DRHIG H L A ND D R BASSWOOD AVBASSWOOD AVPINE AVPINE AVPPIIOOPPII CCOODDRROAK AVOAK AVH A R D I N G S T H A R D I N G S T JJ AA MM EE SS DD RR M C K I N L E Y S T M C K I N L E Y S T LAGUNA DRLAGUNA DR ADAMS STADAMS STEEUURREEKKAAPPLLWO O D L A N D W YWO O D L A N D W Y MS 16-05 1284 Pine Partners SITE MAP JPALOMARAIRPORTRD E LCAMREALLA COST A AVCARLSBADBLCARLSBADVILLAGEDRELCAMINOREAL MELR O SED RAVIARAPY RAN CHO S A NTAFERDCOLL EGEBL!"^ SITE Include: Jan and Peter Taylor 1351 Pine Ave Joey Kratcoski 1302 Pine Ave Sheila and Jim Mathews 1308 Pine Ave Martha Law-Edwards 1366 Pine Ave Alexa Kingaard 1364 Pine Ave Kim and David McKibben 1380 Pine Ave Becky and Bill Larson 1428 Pine Ave Brian and Lauren Conroy 1606 James Drive Marilyn Hendron 3235 McKinley Marguerite and Bill Bowden 1199 Oak Ave Laney and Andre Mesquita 3340 Highland Drive Penny Johnson 1360 Hillview Court Darlene Gillis 1225 Oak Ave Appeal of MS 16-05 (DEV 13-014) Supportive Residents/Property Owners Heather and Jesse Luevano 1307 Pine Ave Jennifer and Theodore (TO) Rolf 1345 Pine Ave Isabel and Jose De Anda 1363 Pine Ave Heather and Doug Chalrner 1235 Pine Ave Snoka Sensernan 1365 Pine Ave Mary Bernheim 3220 McKinley Sylvia Lea Trimble 1235 Pine Ave REASON FOR APPEAL Date of DECISION: April 21, 2017 SUBJECT: MS 16-05 (DEV 13-014) -1284 PINE PARTNERS Sub-division 1274 Pine Ave. Carlsbad CA. 92008 PREAMBLE The existing structure on the Pine Avenue property that has been granted a lot split by the City of Carlsbad and is the subject of this appeal, was developed in defiance of Carlsbad City Codes (subsequently addressed) and its occupancy has been at times non-compliant with "single family residential with accessory dwelling" requirements. The existing structure is incompatible with the character of the neighborhood and was constructed without regard for neighboring properties-obscuring views and outlooks and impinging on privacy. This property has also resulted in neighborhood anxiety over the occupancy pattern, irregular activities and general disregard for the character of Olde Carlsbad. This appeal is predicated on the concern that in approving the lot split, the City has not placed sufficient requirements and conditions on the developer with respect to the design and character of the type of structure to be bullt, thereby offering no protection or assurances that the new structure will not have the same potential for blocking views and outlooks, impinging on privacy, and facilitating non-compliant multi-family apartment-type occupancy as the existing structure. Additionally, if the City of Carlsbad permits the developer to build the same type structure with the same architectural design as the existing structure, this would further degrade the spirit, character and nature of the Olde Carlsbad neighborhood and will set a bad precedent for future developments on Pine Avenue and in the expanded Olde Carlsbad neighborhood. REASONS FOR APPEAL 1. The decision to approve the lot split has been made without regard or acknowledgement of the Council Policy Statement on Livable Neighborhoods, effective 12/11/01. The Policy Statement outlines "Principles for the Development of Livable Neighborhoods" with Point 1 having particular relevance. Document is included in the Appeal submission. 2. The decision to approve the lot split has been made without regard or acknowledgement of the Council Policy Statement on Neighborhood Architectural Design Guidelines, effective May 2"d, 2006. Appellant believes the said Guidelines apply to this development based on the referenced applicability to "New single family and two family residential projects of 2 -4 homes". Guidelines 1, 2, 3 and 4 are of particular relevance. Document is included in the Appeal submission. 3. The City of Carlsbad decision document approving the lot split does not provide sufficient referenceable detail that will ensure the compliance of the developer in adhering to Carlsbad City Codes as they relate to R1 development on the lot. CITY OF CARLSBAD COUNCIL POLICY STATEMENT General Subject LIVABLE NEIGHBORHOODS Policy No. Date Issued 66 1 "I I I /0' Page 2 of 2 Effective Date _,1,_,:2:.L/...!:.l-"-l '--'/ O,_,i~--- 1 Cancellation Date ______ _ . Supersedes No. Specific Subject: PRINCIPLES FOR THE DEVELOPMENT OF LIVABLE NEIGHBORHOODS Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads, Employee Bulletin Boards, Press, File 5. Pedestrian Walkways Pedestrian walkways should be located along or visible from all streets. Walkways (sidewalks or trails) should provide clear, comfortable and direct access to neighborhood schools. parks/plazas and transit stops. Primary pedestrian routes should be bordered by residential fronts. parks or plazas. Where street connections are not feasible (at the end of cui-de-sacs), pedestrian paths should also be provided. 6. Centralized Community Recreation Areas Park or plazas, which serve as neighborhood meeting places and as recreational activity centers should be incorporated into all planned unit developments. As frequently as possible, these parks/plazas should be designed for both active and passive uses for residents of all ages and should be centrally-located within the project. Parks and plazas should be not be sited on residual parcels, used as buffers from surrounding developments or to separate buildings from streets. CITY OF CARLSBAD Page 1 of 5 Po.licy No. ~44;!_ _____ _ COUNCIL POLICY STATEMENT Date lssuetl MAY z, zoo6 Effective Date ~.....;2~0IUIOG~--- Cancellatlon Date N;... r..:.nrPl 1 A~ion Date Supersedes No. 10110/89, 08/26/9?. 12/11/01 General Subject: NEIGHBORHOOD ARCHITECTURAL DESIGN GUIDELINES Specific Subject: Establishment of Architectural Design Guidelines for the Development of Livable Neighborhoods Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads, Employee Bulletin Boards, Press, File PURPOSE AND 1NTENT: The purpose and Intent of the architectural guidelines Is to ensure that a varfety of architectural elements are Incorporated Into single-family homes and two·fami\y structures so that they: a) are visually Interesting, b) have sufficient building articulation to reduce their bulk and mass, c) are in scale to their lot size, and d) strongly contribute to the creation of livable neighborhoods APPLICABILITY: • A new individual single-family home or remodel shall n.Q! be subject to these architectural guidelines. • New single-family and two·famlly residential projects of 24 homes shall comply with architectural guidelines 1, 2, 3, 4, 9,1 0, 11, 13, 14, 15, 16, 17 and 18 (regardless of stated percentages). • New single-family and two·famlly residential projects of 5 or more homes shall comply with all of the architectural guidelines. pROCEDURES: 1. Applicants for discretionary project applications shall design projects/homes so that they comply with the guidelines. Each applicant shall provide documentation demonstrating compliance with this policy concurrent with the submittal of development permit applfcatlons. If an applicant wishes to propose an architectural style that complies with the Purpose and Intent of this policy and yet cannot comply with 1he requirements of the guidelines, the applicant may request deviations from any of the architectural guidelines to achieve an architectural design or style of equally superior quality. All such requests shall be fully justified specifying how the Purpose and Intent of this policy Is being achieved. 2. Staff shall l'evlew projects for compliance with the guidelines and provide recommendations to the decision-makers regardlny: a. Project compliance with the policy; b. Whether or not any requested deviations are justified; and, c. Whether or not the purpose and intent of the policy would still be achieved if a deviation Is granted. 3. Decision-makers shall determine, on a case-by-case basis, whether the project complies with the Intent of the policy to create livable neighborhoods. CITY OF CARLSBAD COUNCIL POLICY STATEMENT Policy No. Dste Issued Effective Date Page 2 of 5 44 Cancellation Date "7":"'~~--~--:---l Supersedes No. 10/10/89. 08/26/97. · 12/11/01 General Subject: NEIGHBORHOOD ARCHITECTURAL DESIGN GUIDELINES Specific Subject: Establishment of Architectural Design Guidelines for the Development of livable Neighborhoods Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads, Employee Bulletin Boards, Press, File ARCHITECTURAL GUIDELINES: Floor Plans and Elevatlons 1. All residential projects shall be required to have a minimum number of different floor plans, different front and corresponding matching rear elevations wilh different color schemes as Identified below: o 2-4. dwelling units shall provide 1 floor plan and 2 different elevations. o 5~12 dwelling units shall provide 2 different floor plans and 2 different elevations. IJ 13·20 dwelling units shall provide 2 different floor plans and 3 different elevations. o 21 + dwelling units shall provide 3 different floor plans and 3 different elevations. 2. Every house should have a coherent architectural style. All elevations of a house, Including front, side and rear, should have the same design integrity offorms, details and materials. 3. In addition to the previous requirements, design details should reinforce and enhance the architectural fonn and style of every house and differ from other elevations of the same floor plan. A minimum of 4 complimentary design details, Including but not limited to those listed below, shall be Incorporated into each of the front, rear and street side building fa9ade{s) of the house. DESIGN DETAILS • Balconies • Decorative eaves and fascia • Exposed roof rafter tails • Arched elements • Towers • Knee braces • Dormers . • Columns • Exterior wood elements • Accent materials {I.e.; brick, stone, shingles, wood or siding) 4. Floor plans In a project shall exhibit a variety of roof ridges and roof heights within a neighborhood. CITY OF CARLSBAD COUNCIL POLICY STATEMENT Pqllcy No. Date Issued Effective Date Page 3 of5 44 Cancellation Date-:-:-~':':"'::'-~~~~ Supersedes No. ..:..1 0=1....:.:1 O:::.:.IB::.:9:::.a... _...::0~8!.!::./2~6/~9..w.7. 12111/01 General Subject: NEIGHBORHOOD ARCHITECTURAL DESIGN GU IDELINES Specific Subject: Establishment of Architectural Design Guidelines for the Development of Livable Neighborhoods Copies to: City Council, City Manager, City Attorney, Department Heads_ and Division Heads, Employee Bulletin Boards, Press, File Site Planning 5. Houses with both the same floor plan and elevation style shall not occur on adjacent Iota. e. Reverse floor plans shall be included where possible to add variety to the street scene. Single Storv Requirements 7. A minimum of 15% or the total number of homes shall be single-story structures. Single-story is defined as a maximum plate·line of 15 feet and a maximum building height of 20 feet. Lofts are permitted subject to CMC Section 21.04.330. or A minimum of 10% of the total number of homes shall be slngla-story structures and 15% shall be reduced second story structures. A reduced second story structure shall comply with the following criteria: c A minimum of 60% of the roofllne shall be single story: c A 2~story element may be added in the central portion of the front and rear elevation; and c The second story element may be no greater than 25% of the floor area of the first floor of the house (Including garage). or For alley·loaded product, a minimum of 20% of the homes shall be single-story for the front 20% of the home (overall depth of house times 20%). B. A maximum of 20% of the total number of homes are exempt from the requirement to have a single-story building edge. 9. The rernalnlng total number of homes shall comply with one of the following guidelines: • The home shall have a single-story building edge with a depth of not less than 8 feel and shall run the length of the building along one side except for tower elements. The roof covering the slngle·story element shall Incorporate a separate roof plane and shall be substantially lower than the roof for the two·story element. Porches and porte·cochere elements shall qualify as a single~ story edge. Houses with courtyards that are a minimum of 15 feet wide located along the side of the house and setback a minimum of 15 feet from the property line are not required to have a single-story building edge. 1 CITY OF CARLSBAD Page 4 of 5 PQlicy No. ~44~------ COUNCIL POLICY STATEMENT Date Issued -Effective Date Cancellation Date ~-~------1 Supersedes No. 10/10/89. 08/26/97, 12/11/01 General Subject: NEIGHBORHOOD ARCHITECTURAL DESIGN GUIDELINES Specific Subject: Estabtishment of Architectural Design Guidelines for the Development of Livable Neighborhoods Copies to: City Council, City Manager, City Attorney; Department Heads and Division Heads, Employee Bulletin Boards, Press, File a The home shall have a single-story building edge with a depth of not less than 5 feet and shall run the length of the building along one side. The roof of the single-story element shall be substantially lower than the roof for the two-story element of the bull ding. • The home shall have a single-story building edge with a depth of not less than 3 feet for 40% of the perimeter of the building, Multiple Building Planes 10. For at least 66% of the homes in a project, there shall be at least 3 separate building planes on street side elevations of lots with 45 feet of street frontage or less and 4 separate bull ding planes on street side elevations of lots with a street frontage greater than 45 feet. Balconies and covered porches qualify as a building plane. The mlnimum offset In planes shall be 18 Inches and shall Include, but not be limited to, building walls, windows, porches and roofs. The minimum depth between the faces of the forward-most plane and the rear plane on the front elevation shall be 10 feet. A plana must be a minimum of 30 sq. ft. to receive credit under this section. 11. Rear elevations shall adhere to the same criteria outlined in Number 10 above for front elevations except that the minimum depth between front and b~ck planes on the rear elevation shall be 4 feet. Rear balconies qualify as a building plane. 12. For at least 66% of the homes in a pro}ec1, one side elevation shall have sufficient offsets or cutouts so that the side yard setback averages a minimum of 8.5 feet. Windows/Doors 13. At least 66% of e)derior openings (door/windows) on every home In the project shall be recessed or projected a minimum of 2 inches and shall be constructed with wood, vinyl or colored aluminum window frames (no mill finishes). 14. Windows shall reinforce and enhance the architectural form and style of the house through, the use of signature windows and varied window shapes and sizes. Front Porches CITY OF CARLSBAD COUNCIL POLICY STATEMENT Policy No. Date Issued Effective Date Page 5 of 5 44 Cancellation Date ~~~-----,----t Supersedes No. ~10:.:.1,.,_,10=/8=9"'-. --=O~B/.::2.:.r.61.::.97u. 12/11/01 General Subject: NEIGHBORHOOD ARCHITECTURAL DESIGN GUIDELINES Specific Subject: Establishment of Architectural Design Guidelines for the Development of Livable Neighborhoods Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads, Employee Bulletin Boards, Press, File 15. Fifty percent (50%) of the homes shalt be designed with a covered front porch, open courtyard, or balcony (each with a minimum depth of 6 feet and a minimum area of 60 square feet) located at the front of the dwelling. The minimum depth for a covered front porch shall be measured from the front facade of the home to the inside of any supporting porch posts. The front and sides of porches shall be open except for required and/or ornamental guardrails. A variety of roof elements shall be provided over porches. Porches may not be converted to living space. Front Entries 16. Seventy-five percent (75%) of the homes must have a front entry to the home that Is clearly visible from the street. Walkways from the front door to the street are encouraged. Chimneys 17. Chimneys and chimney caps shall be in scale with the size of the home. No more than 2 chimneys shall be allowed for homes on lots in planned developments having an area less than 7,500 square feet. Garage Doors 18.Garage doors for 3 or 4 cars In a row that directly faoe the street must have a minimum of an 18" plane change between the garage doors after the 2 car garage door. Note #1: Fractional units of .5 or greater shall be rounded up to the next whole number and located In a manner to achieve the best project design as determined by the project planner. When a percentage of units are described in the guidelines, the Intent is to have that percentage spread throughout the entire project. CITY OF CARLSBAD COUNCIL POLICY STATEMENT Policy No. Date Issued Effective Date Page 5 of 5 44 Cancellation Date ----------1 Supersedes No. 10/10/89, 12/11/01 08/26/97, - General Subject: NEIGHBORHOOD ARCHITECTURAL DESIGN GUIDELINES Specific Subject: Establishment of Architectural Design Guidelines for the Development of Livable Neighborhoods Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads, Employee Bulletin Boards, Press, File 15. Fifty percent (50%) of the homes shall be designed with a covered front porch, open courtyard, or balcony (each with a minimum depth of 6 feet and a minimum area of 60 square feet) located at the front of the dwelling. The minimum depth for a covered front porch shall be measured from the front fa99de of the home to the Inside of any supporting porch posts. The front and sides of porches shall be open except for required and/or ornamental guardrails. A variety of roof elements shall be provided over porches. Porches may not be converted to living space. Front Entries 16. Seventy~five percent (75%) of the homes must have a front entry to the home that Is clearly visible from the street. Walkways from the front door to the street are encouraged. Chimneys 17. Chimneys and chimney caps shall be in scale with the size of the home. No more than 2 chimneys shall be allowed for homes on lots In planned developments having an area less than 7,500 square feet. Garage Doors 18.Garage doors for 3 or 4 cars In a row that directly face the street must have a minimum of an 18" plane change between the garage doors after the 2 car garage door. Note #1: Fractional units of ,5 or greater shall be rounded up to the next whole number and located In a manner to achieve the best project design as determined by lhe project planner. When a percentage of units are described In the guidelines, the Intent is to have that percentage spread throughout the entire project. April 21, 2017 {City of Carlsbad Mr. Kevin Bresnahan Fallbrook, CA 92028 SUBJECT: MS 16-05 (DEV 13-014) -1284 PINE PARTNERS-Request for approval ofTentative Parcel Map MS 16-05 to subdivide an existing 0.44 acre parcel into two parcels with areas of 7,526 square feet and 11,564 square feet in size at 1274 Pine Avenue (APN 205-020-04), in the R-1 Zone and Local Facilities Management Zone 1. The City Planner has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15315 "Minor Land Divisions" of the State CEQA Guidelines and will not have any adverse significant impact on the environment. Dear Mr. Bresnahan, The City Planner has completed a review of the application for a Tentative Parcel Map located at 1274 Pine Avenue. The existing parcel contains one single-family home and an attached accessory dwelling unit. The subdivision will create two residentially-zoned parcels with the existing home and attached accessory dwelling unit being preserved on-site. The remaining parcel will be available for the construction of a single-family dwelling under the current R-1 zoning designation. The City Planner has made a decision pursuant to Section 20.24.120 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: 1, 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 Divisions) of the State CEQA Guidelines and will not have any adverse significant impact on the environment in that the 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; the parcel was not part of a larger subdivision within the last two years; and the parcel does not have an average slope greater than 20 percent. 2. 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-8, Residential 4-8 dwelling units per acre, General Plan land Use designation allows for single-family homes on individual lots. The parcels being created satisfy all minimum requirements of Titles 20 and 21 regarding lot sizes and configuration and have been designed to comply with all other applicable regulations. Community & Economic Development Planning Division 11635 Faraday Avenue Carlsbad, CA 92008-7314 1760-602-4600 1760-602-8560 f I www.carlsbadca.gov MS 16-05 (DEV 13-014) -1284 PINE PARTNERS April 21, 2017 Page 2 3. That the proposed project is compatible with the surrounding future land uses since the adjacent properties to the north, east and west are also designated for Residential at 4-8 dwelling units per acre on the General Plan, and that the subject property is bordered by existing single-family homes to the north, east and south. The two-lot subdivision will provide for one single-family home per lot consistent with the R-1 zone. 4. 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 R-1 zone for the creation of one standard lot and one panhandle lot, including but not limited to requirements for access, minimum lot size, lot width, lot coverage, and setbacks. 5. 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. 6. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 7. That the design of the subd ivision provides, to t he extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that the lots provide ample area to take advantage of prevailing breezes and allow for passive or natural solar heating and cooling opportunities for the future dwelling unit. 8. 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 and the project has been conditioned to pay inclusionary housing in-lieu fees for one unit. 9. 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. 10. 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 drain~ge standards and the project is conditioned to comply with the National Pollutant Discharge Elimination System (NPDES) requirements. 11. That the City Planner finds that the project, as conditioned herein, is in conformance with the city's General Plan in that the subject property is designated R-8 (4-8 dwelling units per acre w ith a 6 du/ac Growth Management Control Point). The property has a lot area of 0.44 acres and at the R-8 Growth Management Control Point (GMCP), 2.64 dwelling units are allowed. The project's proposed density of 4.54 du/ac is within the density range allowed by the R-8 designation and the MS 16-05 (DEV 13-014) -1284 PINE PARTNERS April 21, 2017 Page 3 Growth Management Control Point used for the purposes of calculating the City's compliance with Government Code Section 65863. As 2.64 dwelling units are permitted at the GMCP and the proposed minor subdivision ultimately allows for the construction of a total of two dwelling units on the 0.44-acre site (i.e., one single-family home per lot), one dwelling unit will be deposited into the city's Excess Dwelling Unit Bank. 12. That the property cannot be served adequately with a public street without a panhandle lot due to unfavorable conditions resulting from unusual topography, surrounding land development, or lot configuration, in that due to the narrow configuration {90.75' wide) and considerable depth (210.34') of the existing lot and the fact that it is surrounded by existing subdivided and developed properties, the subdivision of the property Into two lots, as the General Plan allows, is feasible only if a panhandle lot is proposed. 13. That the project's panhandle lot will not preclude or adversely affect the ability to provide full public street access to other properties within the same block, in that the 11stem" (i.e., 20' wide panhandle) and 12' wide private driveway is within the boundaries of the subject property and extends completely to Pine Avenue as required by Section 21.10.100 of the Carlsbad Municipal Code. In addition, the proposed panhandle lot does not include access easements that are located on adjacent properties and all adjacent properties currently have direct access to a public street. 14. That the buildable portion of each panhandle lot consists of a minimum of 8,000 square feet, which meets the requirements of Section 21.10.100.0 (1) of the Carlsbad Municipal Code. 15. That the front, side, and rear property lines of the buildable lot, for purposes of determining required yards, are as shown on Exhibit 11A". 16. That the project's panhandle lot complies with all requirements of Section 21.08.080 of the Carlsbad Municipal Code in that the lots, as demonstrated on the project exhibits, meet all development, dimensional, and area standards, and have sufficient area to meet requirements regarding adequate parking and vehicle maneuvering, drainage, driveway width, and lot frontage. 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; ci rculation; 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 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 issuance of building permit. 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. MS 16-05 (DEV 13-014) -1284 PINE PARTNERS April 21, 2017 Page 4 18. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 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, building permit, or grading permit, whichever is first. Planning 1. If any ofthe 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 litigat ion 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 MS 16-05 as shown on Exhibit "A", dated April 21, 2017, 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 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 MS 16-05 (DEV 13-014) -1284 PINE PARTNERS April21, 2017 Page 5 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 approva l 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 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 sewe r 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. Prior to the approval of a final map, the Developer shall pay to the City an inclusionary housing in-lieu fee 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. 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. 13. Prior to the approval 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 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. Said Notice of Restriction shall also specify that a maximum of one single-family home and one accessory dwelling unit shall be permitted on Parcels 1 and 2. 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. MS 16-05 (DEV 13-014) -1284 PINE PARTNERS April 21, 2017 Page 6 14. 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. 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 final map, building permit or grading permit whichever comes first. General 15. 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. 16. 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. 17. Developer shall prepare, submit and process for city engineer approval a final parcel map to subdivide this project. Developer shall pay the city standard map review plan check fees. 18. Developer shall install sight distance corridors at all driveway intersections with street in accordance with City Engineering Standards. The property owner shall maintain this condition. Fees/ Agreements 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 Pine Avenue along the property frontage for a half street width of thirty (30)-feet. Public improvements shall include but are not limited to paving, base, sidewalks, curbs and gutters, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants and street lights. 20. Developer shall cause owner to execute, for recordation, a city standard Loca l 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. MS 16-05 (DEV 13-014) -1284 PINE PARTNERS April 21, 2017 Page 7 Grading 21. Based upon a review of the proposed grading shown on the tentative map, a grading permit is required prior to the development of Parcell. At the time of development of Parcel 1, developer shall prepare and submit plans and technical studies/reports a~ 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 22. 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. 23. Prior to the issuance of a grading permit for Parcel 1, 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. 24. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc.) incorporate all source control, site design, pollutant control BMP and applicable hydromodification measures. 25. Prior to the issuance of a grading permit for Parcell, 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 26. Developer shall cause owner to make a ten (10') foot Irrevocable Offer of Dedication to the city and/or other appropl'iate entities for public street and public utility purposes to complete a thirty (30') foot half street width for Pine Avenue along the subdivision frontage. The offer shall be made by a certificate on the map or by a separate recorded document. All land so offered shall be free and clear of all liens and encumbrances and without cost to the city. Additional easements may be required at final design to the satisfaction ofthe city engineer. MS 16-05 (DEV 13-014) -1284 PINE PARTNERS April 21,2017 Page 8 27. Prior to the issuance of a grading permit for Parcell, developer shall design the private drainage system, as shown on the tentative map to the satisfaction of the city engineer. All private drainage systems (12" diameter storm drain and larger) shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. 28. Developer shall obtain a right of way permit and install a street to the satisfaction of the Parks Services Manager of the Parks and Recreation Department Non-Mapping Notes 29. 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 Carlsbad Engineering Standards or line-of-sight per Caltrans standards. C. The owner of this property on beha lf 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. E. The M inor Subdivision allows for the construction of a maximum of one single-family dwelling unit and an attached accessory dwelling unit on Parcel l which complies with the Carlsbad Municipal Code. Multi-family dwelling units are not permitted on Parcels 1 and 2 as t he properties are located in the One Family Residential (R-1) zone. Utilities 30. 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. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the district engineer. MS 16-05 (DEV 13-014) -1284 PINE PARTNERS April21, 2017 Page 9 31. 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: 32. Prior to the issuance of building permits for the single-family home on Parcell, the City Planner and Building Official shall review and approve the building plans to confirm compliance with the Carlsbad Municipal Code. 33. One dwelling unit shall be deposited into the city's Excess Dwelling Unit Bank. 34. This tentative parcel map shall expire two years from the date on which the city planner approves this application 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. Subdivider shall comply with Section 20.16.040(d) of the Carlsbad Municipal Code regarding the undergrounding of existing overhead utilities. 40. 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. 41. 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. Shannon Wernel<e From: Sent: To: Subject: Hello School < Thursday, April 06, 2017 4:47 PM Shannon Werneke 1284 pine partners I'm a resident at 1 oak ave. I received the parcel map for another structure. I have a few concerns about this. Is this the same man that has the structure on the back? He also owns many units on my street. He adds many illegal units to them and it causes a major headache for parking and people everywhere. It's my understand ing that this builder has been tagged for making illegal structure mult iple unit properties. I hope the city is not allowing this again with this guy. Please advise. Alicia Torres- 1 Shannon Wernelce From: Sent: To: Cc: Subject: Letter to City of Carlsbad AdministTative Hearing Dana Clymer Wednesday, April OS, 2017 3:39 PM Shannon Werneke Letter to City of Carlsbad-Administrative Hearing Suppmt of Lot Split and Development of property located at 1284 Pine Avenue, To whom it may concern, This letter is written to suppo1t the project to complete the lot split and finally build a house on the property on Pine Street, I think the address is 1284 Pine. 1 am cmrently living in a home built by the same builder on Oak Street and it is a beautiful property and I am very happy there. As I have lived here for a while I noticed there is a very angry man who lives across the street from me. He has given me "the finger" and glares at me. T his person does not represent the whole neighborhood and I do not share his anger or vitriol. Please vote Yes on this project and allow this propetiy to be brought to completion so we can all just get on with our lives. Dana Clymer 1 Shannon W erneke From: Sent: To: Cc: Subject: Shannon Werneke City of Cru·lsbad Plaruring Department 1635 Faraday Avenue Carlsbad CA 92008 March 14,2017 Dear Ms. Werneke, Martha Law-Edwards <> Tuesday, March 14, 2017 11:38 AM Shannon Werneke Debbie Fountain; Don Neu Request for a Tentative Parcel Map -Case No: MS 16-05 Please accept this as a formal request for an administrative heru·ing to voice my objections and concerns to the granting of this tentative parcel map. I will deliver to your office a signed copy of this request by week's end. Please note that I have sent copies to Don Neu and Debbie Fountain as they ru·e most familiar with past concems that were expressed by my neighborhood in 2013. It is unacceptable that any decision or discussion occur in isolation ofthose previous issues; consequently, please see that both Don and Debbie ru·e present at the hearing. It is most troubling that we ,as a neighborhood, continue to deal with a builder/owner who has clearly demonstrated a blatantly defiant pattern ofbehavior as it relates to city building codes and standards. I will, at thi s moment, give the city the benefit of doubt that certain legal constraints have deterred city staff from decreeing that this individual can not function within the city's borders. In any event, I wm be recommending to my neighbors that we form a Resident Review Panel, who will work with the city staff: in equal standing, to review and/or approve any and all matters that relate to this given property-1274-1284 Pine Avenue-now and in the futme. We are fortunate to have residents on Pine Ave. w ho are licensed contractors and/or real estate lawyers, and so are more than qualified to help oversee any and all pertinent matters-from lot split to final building inspection ... ,if it should ever come to that. Please include this on the hearing agenda, so we can discuss the collaborative process of the city staff with the Panel. It has been my deep pleasme to reside on Pine Ave. fm almost 28 yeru·s, so please understand my strong intent to preserve the integrity ru1d character of my neighborhood. It is true that no one on Pine Ave. or in the neighborhood has the "deep pockets' of the builder/owner in question, but, as a Cru·lsbad community, we have an unwavering and determined voice ... ,that will be heard. Most Sincerely, Martha Law-Edwards 1 Shannon We.rnelce From: Sent: To: Cc: Subject: Peter Taylor Sunday, March 12, 2017 1:34 PM Shannon Werneke Jan; Peter Taylor Subdivision Case# MS 16-05 I 1274 Pine Ave Dear Ms. Werneke, please accept this as formal disapproval of the sub division request for 1274 Pine Ave . Carlsbad. The property known locally as the Fishback property was developed with complete disregard for the zoning and neighborhood. The property was developed as a multi -unit dwelling (similar to properties developed on Oak Ave. by the same developer) and despite the objections from the neighbors the developer did unpermitted grading, unpermitted construction of a retaining wall and disregarded height limitations and set backs. The City endorsed the construction despite the very obvious design with multiple kitchens and entrances. Since this occurred, the vacant part of the lot has ben left as a dirt lot degrading the neighborhood. The neighbors took the case to the mayor but received no indication that the grievances would be addressed. When the property was put back on the market, the neighbors had the opportunity to meet with the realtor and an interested buyer. We also had the opportunity to walk the entire building. At the time there were at least 3 different households within the structure. The buyers interest was in the rental income that would help defray the cost of subdivision and construction of another housing unit. Your notification states as follows: "The existing single-family home on Parcell will remain". Have you inspected the property? It is not a single family home and this needs to be corrected in the records. The neighbors regard this blatant abuse of City Codes as irreversible, much as we would have liked to have stronger actions taken to restore the property to an acceptable state that aligns with the spirit of "old Carlsbad". However, we do not expect the same level of disregard for the front portion of the lot. As such1 you can only expect co-operation from the neighbors if there is a sworn affidavit from the applicant that the structure to be built on the sub divided lot be a single family house with appropriate set backs and height restrictions. We are also recommend that appropriate landscaping and other architectural features be included to block the unsightly multi unit building in the rear. lfthese points are not considered we will take other actions to ensure what has happened on the back part of the lot will not be repeated. The City needs to do all it can to rectify the gross mismanagement of this property. You can reach me via my cell phone below. I would be very pleased to discuss. Yours sincerely, Peter. Peter R Taylor Carlsbad. CA. 92008 Email: p 1 Shannon Werneke From: Sent: To: Cc: Subject: Ms. Wemeke, William Bowden < Thursday, March 16, 2017 12:48 PM Shannon Werneke Debbie Fountain; Don Neu; Martha Law-Edwards; Bill Larson; Jan; Peter Taylor; Joeys Email; Joey Kratcoski Lot Split case No. MS 16-05 Please acceptlhis letter as my official request for a public hearing regarding the proposed tot split for 1274 Pine Ave. As A 25-year resident and a former employee of the City of Carlsbad, I am unequivocally opposed to the proposed lot split. The owner/developer has demonstrated a complete disregard for all City Building Codes and Standards. According to the Carlsbad's own Code Enforcement section, Fischbach is the most investigated and the worst offender In the history of Carlsbad. In 2013. the Mayor and the City Council met with a group of residents who exposed the blatant and numerous violations at each of his building sites. In response, l!le city was forced to review and change how developers like Fischbach are Inspected. His lola I lack of respect for the city and Its residents forced the city to change how II does business. Do we really need more grief from this ''Bad apple". In my personal and professional opinion, this lot spOt should be denied because of the owner/developer's long history of violations, his known history of intentionally deceiving the city at every level of construction and the fact the violations are repeated at each building site, even afler being notified of the same violations at his other sites. He honestly doesn't believe our laws apply to him and that he Is above them. The City of Carlsbad has given the residents of Oak Ave a life sentence, having to deal with Fischbach's projects. Please don't do I he same thing to the residents on Pine Ave. Thank You, William Bowden 1 C 0 C OUTLINE OF CARLSBAD PLANNING COMMISSION PRESENTATION Handouts: 1. Hard copy of this presentation 2. Hard copy of Street & Sidewalk Policy Committee Report SLIDES 2 & 3 -NOTICE LACK OF SIDEWALKS, ABUNDUNT TREES, HOMES WITH UNIQUE CHARACTER AND DESIGN. THERE IS NO OTHER STREET LIKE THIS .IN CARLSBAD. ALL ORIGINALLY CONSTRUCTED HOMES AND REMODELED/NEW HOMES ON PINE AVENUE SHARE THIS UNIQUE CHARACTER AND DESIGN-EXCEPT FOR 1274 PINE AVENUE SLIDE 4 -"THE BASIS OF OUR APPEAL" • The basis for our appeal is that we believe the City Planner has erred in its approval of the 1274 Pine Avenue lot split by omitting certain architectural conditions that should be included in the approval which will ensure that the design of the home to be constructed will be "compatible" with the unique character and history of our Olde Carlsbad neighborhood. • There is historical precedent for the City of Carlsbad and its residents to acknowledge and distinguish our Olde Carlsbad neighborhood as a "unique, quaint and special community" and to take action for the "protection and preservation of these qualities". • For example, pursuant to a mandate of the City Council on February 23, 2000, Pine Avenue from Pio Pico to Highland was designated as an "Alternative Design Street". This special designation ensures that the unique character of our neighborhood will be protected against new development that is not consistent or compatible with our existing identity. • In our appeal, we've asked that certain architectural guidelines be applied to the prospective development of 1274 Pine Avenue. TIMING is an important consideration that must be included in the "gray area" of interpretation of the City Council Policy Statement No. 44 "Neighborhood Architectural Design Guidelines" when determining whether these architectural guidelines should be applied to an individual, single-family home or to a two-family residential project of 2-4 homes. The development of 1200 ---1212 Oak Avenue and the proposed development of 1274 Pine Avenue are essentially multi-family residential projects of 2-4 homes that have exploited this "gray area" by delaying and staggering the lot splits and the development of the homes over time so that they are not required to comply with the architectural guidelines set forth in the City Council Policy Statement. • While the current owner of 1200-1212 Oak Avenue and 1274 Pine Avenue is not a resident of our neighborhood, has developed these properties for rental income purposes and therefore has little incentive to develop structures that are compatible with the character of Olde Carlsbad, our appeal is not intended to be specific to any particular owner of 127 4 Pine Avenue. Regardless of who ultimately owns the property, we would like these architectural C conditions and safeguards to be put in place to protect our neighborhood from the C 0 0 development of more of the same multi-family box-like eyesores that have been constructed at 1274 Pine Avenue and 1200-1212 Oak Avenue in the past. SLIDES 5, 6, 7, 8 & 9 • Aerial map showing Oak and Pine Fish properties • 1274 Pine Avenue Photo -as it exists today • 1200 Oak Photo -this is what was developed by the same owner in 2009 • Multiple Photos of Oak and Pine Fish property vs. other homes on Pine to demonstrate not "compatible" with the character of our neighborhood SLIDE 10-"PINE AVENUE= ALTERNATIVE DESIGN STREET" (NOTE-REFERENCE COPY OF STREET & SIDEWALK REPORT FOR COMMISSION) • On February 23, 2000, following direction from a policy committee designated by the Carlsbad City Council, the City of Carlsbad was directed to amend the General Plan and "adopt a philosophy of distinguishing the Northwest Quadrant of Carlsbad (which includes the portion of Pine Avenue at issue in this appeal) as a unique, quaint and special community. This philosophy would recognize the necessity for the protection and preservation of the qualities unique to each area." • Further, Pine Avenue from Pio Pico to Highland, among other streets in Olde Carlsbad (include portion of Alt Streets Map), was designated as an "Alternative Design Street" deemed to be of "special character" and therefore subject to restrictions on construction of sidewalks and other common improvements in order to preserve this "special character". SLIDE 11-MAP FROM COMMITTEE REPORT SHOWING MULTIPLE ALTERNATIVE DESIGN STREETS SLIDE 12 "LOT SPLIT WITH ARCHITECTURAL CONDITIONS ATTACHED" • The approval of the 127 4 Pine lot split should be conditioned upon the owner complying with the Council Policy Statement on Livable Neighborhoods effective 12/11 /01, which outlines "Principles for the Development of Livable Neighborhoods" and includes in Section 1 "Building Facades, Front Entries, Porches" language stating" ... where houses are interesting to look at with strong architectural elements; and where open spaces form focal points ... " and also states "Facades create interest and character and should be varied and articulated to provide visual interest to pedestrians ... " • We believe that the "unique, special character" of Olde Carlsbad, the importance of which has clearly been acknowledged by the City of Carlsbad in the past, should continue to be protected and maintained by the inclusion of additional architectural conditions in the approval of the 127 4 Pine lot split that are consistent with the guidelines set forth in Council Policy C Statement No. 66 "Livable Neighborhoods". 0 0 CUDE 13-PHOTO OF 1274 COMPARED TO A CARLSBAD VILLAGE COMMERCIAL BUILDING SLIDE 14-"THESE ARE DEVELOPMENTS OF 2-4 HOMES" • Timing is an important consideration that must be included in the "gray area" of interpretation of the Council Policy Statement No. 44 "Neighborhood Architectural Design Guidelines" when determining whether the architectural guidelines should be applied to an individual, single- family home or to a two-family residential project of 2-4 homes. • The development of 1200 ---1212 Oak Avenue and the proposed development of 1274 Pine Avenue are essentially multi-family residential projects of 2-4 homes that have exploited this "gray area" by delaying and staggering the lot splits and the development of the homes over time so that they are not required to comply with the architectural guidelines set forth in Council Policy Statement No. 44. SLIDE 15-"TIMING IS IMPORTANT! PERMIT APPLICATION DATES ... " • (AERIAL MAP PHOTO OF OAK WITH EACH ADDRESS AND DATES OF PERMIT APPROVAL TO DEMONSTRATE TIME LAG IN DEVELOPMENT) CuDES 1s & 11-"DECISION MAKERS SHALL DETERMINE ... " • As Council Policy Statement No. 44 states: "Decision-makers shall determine, on a case-by- case basis, whether the project complies with the intent of the policy to create livable neighborhoods." • Unfortunately, it's too late to address 1200 Oak Avenue. The true nature of that development was not recognized and properly addressed by the City Planning Division during the approval process. • But this is an opportunity to prevent a repeat of the same omissions and mistakes for 127 4 Pine Avenue SLIDE 18 -"LOT SPLIT WITH ARCHITECTURAL CONDITIONS ATTACHED" C • The approval of the 127 4 Pine lot split should be conditioned upon the owner complying with the Council Policy Statement Neighborhood Architectural Design Guidelines effective 5/2/06, which outlines architectural guidelines to ensure" ... that a variety of architectural elements are incorporated into structures so that they are ... visually interesting, have sufficient building articulation to reduce their bulk and mass ... are in scale to their lot size, and strongly contribute to the creation of livable neighborhoods." • We believe that the "unique, special character" of Olde Carlsbad, the importance of which has clearly been acknowledged by the City of Carlsbad in the past, should continue to be protected and maintained by the inclusion of additional architectural conditions in the approval C 0 0 of the 127 4 Pine lot split that are consistent with the guidelines set forth in Council Policy Statement No. 44 "Neighborhood Architectural Design Guidelines". SLIDE 19 PHOTO OF 1200 OAK VIEW FROM CARLSBAD CITY HALL SLIDE 20 -"HOW YOU CAN HELP" -CONCLUSION • We, the residents of Olde Carlsbad, request that the Planning Commission direct the City of Carlsbad Planning Division to modify the approval of the 1274 Pine Avenue lot split to include specific conditions that require the owner to preserve and protect the unique character of our Olde Carlsbad neighborhood by complying with the architectural guidelines set forth in Council Policy Statement No. 66 "Principles for the Development of Livable Neighborhoods" and Council Policy Statement No. 44 "Neighborhood Architectural Design Guidelines". • We also request that the City Planning Division institute safeguards within the City Building Department approvals process that reference the architectural conditions associated with 127 4 Pine Avenue property, so that any subsequent changes to previously approved plans that are proposed by the owner of 1274 Pine Avenue must comply with the architectural guidelines. SLIDE 21 -THANK YOU! C C Concerned Residents of Pine Avenue in Olde Carlsbad ~--~--~--~----------------------------------~--------------------------~---------~ ~ --------~-------------------------------------~--~---------~-----~------------------- APPEAL TO CARLSBAD CITY PLANNING COMMISSION JUNE 21, 2017 REGARDING 1274 PINE AVENUE • • •• • • ' .... '1r I '~ I -I -~ . . IJ llL ..... ~_:_ :.L' .. __ ... , ·---~-'=a.·· • .,,1.·>AL--..,,., ••. ~ • ._-.. ~ d I, ·-•' ' -.l -1 • -' The Basis of Our Appeal --------------------------------------~ --~-~~--~--· ···-···-·····-·-··-·······-·-0 ·-·················-···········--·········-··-··-··-········-········~ ~-----~. ~--- Architectural conditions should be added to the approval of the 1274 Pine Ave lot split • There is historical precedent for _protecting the unique character of our Olde Carlsbad neighborhood and our designatea "Alternative Design Street" -We ask that you apply that precedent in this circumstance c Staggering the timing of a)?plications for lot splits and permits for develoJ?ment of multiple 'single" homes does not relieve an owner's obligation to comply with the architectural requirements for developments of 2-4 homes -This "gray area" must be addressed • We don't care who owns the lot, we just don't want another ugly box built on it. These are our beautiful hoines! The Basis of Our Appeal ············-······-·-·····-·····-···········-··-······-··········· .............. ········-·-·· 0 ····-···--·-··-·····-·········-············-····-··-··········-········-···-······-····-·· • Architectural conditions should be added to the approval of the 1284 Pine Ave lot split • There is historical precedent for _protecting the unique character of our Olde Carlsbad neighborhood and our designatea "Alternative Design Street" -We ask that you apply that precedent in this circumstance • Staggering the timing of a>_?plications for lot splits and permits for develoJ?ment of multiple 'single" homes does not relieve an owner's obligation to comply with the architectural requirements for developments of 2-4 homes -This "gray area" must be addressed c, We don't care who owns the lot, we just don't want another ugly box built on it. Subject Properties -1274 Pine & 1200 Oak 0 1200 -1212 Oak Avenue --------------------------------------------------------------------------------------------------0 ----------------------------------------------------------------------------------------- Pine Avenue = Alternative Design Street ------------------------------------------------------------------------------------------------0 -------------------------------------------------------------------------------------------------- • On Feb. 23, 2000 a policy committee designated by the Carlsbad City Council directed that Pine Avenue be distinguished as part of a "unique, quaint, and special community" that deserves protection and preservation • Pine is designated as an "Alternative Design Street" and is therefore subject to restrictions on construction of sidewalks and other common improvements in order to preserve its "special character" Pine Ave = Alternative Design Street --------------------------------------------------------------------------------------------0 ------------------------------_------------------------~ --------------------------- Map of Alternative Design Streets Included in Street and Sidewalk Committee Final Report Lot Split With Architectural Conditions Attached ------------------------------------------------------------------------------------------------0 ----------------------------------------------------------------------------------------------- • The lot split should be conditioned upon the owner complying with Council Policy Statement on Livable Neighborhoods " ... where houses are interesting to look at with strong architectural elements; and where open spaces form focal points ... " "Facades create interest and character and should be varied and articulated to provide visual interest to pedestrians ... " Which One is a Commercial Building? -----------------------------------------------------------------------------------------0 ·----------------------------------------------------------------------------------------- 11,. ..ii These Are Developments of 2-4 Homes -----------------------------------------------------------------------------------------------------0 ------------------------------------------------------------------------------------------------ • TIMING is an important consideration that must be included in the "gray area" of interpretation of the Council Policy Statement No. 44 "Neighborhood Architectural Design Guidelines" when determining whether the architectural guidelines should be applied to an individual, single-family home or to a two-family residential project of 2-4 homes. • The development of 1200 ---1212 Oak Avenue and the proposed development of 1274 Pine Avenue are essentially multi-family residential projects of 2-4 homes that have exploited this "gray area" by delaying and staggering the lot splits and the development of the homes over time so that they are not required to comply with the architectural guidelines set forth in Council Policy Statement No. 44. Timing is Important! Permit Application Dates for 1200 -1212 Oak Ave ---------------------------. -/ ---·------------------------------------------------0 -------------------------------------------------------------------------------------------- Lot Split With Architectural Conditions Attached ------------------------------------------------------------------------------------------------0 ----------------------------------------------------------------------------------------------- • The approval of the 1274 Pine lot split should be conditioned upon the owner complying with the Council Policy Statement Neighborhood Architectural Design Guidelines effective 5/ 2/ 06, which outlines architectural guidelines to ensure: • " ... that a variety of architectural elements are incorporated into structures so that they are ... visually interesting, have sufficient building articulation to reduce their bulk and mass ... are in scale to their lot size, and strongly contribute to the creation of livable neighborhoods." Is this the character and architecture we want in Olde Carlsbad? How Can You Help? --------------------------------------------------------------------------------------------------0 ------------------------------------------------------------------------------------------ 1. 2. 3. Modify the a_pproval of the 127 4 Pine lot split to include specific architectural conditions that require the owner to preserve and protect the unique character of our Olde Carlsbad neighborhood Specifically -Apply the architectural guidelines set forth in Council Policy Statement No. 66 "Principles for the Development of Livable Neighborhoods" and Council Policy Statement No. 44 "Neighborhood Architectural Design Guidelines" Direct the City Planning division to institute safeguards within the City Building Department approvals J?rocess that reference the architectural conditions associated with 1274 Pine Avenue property, so that any subsequent changes to previously approved plans that are pro_posed by the owner of 1274 Pine Avenue must comply with the architectural guidelines