HomeMy WebLinkAboutAMEND 2020-0008; HOOVER STREET MINOR SUBDIVISION; Admin Decision LetterSeptember 22, 2020
Robert Sukup
4322 Sea Bright Place
Carlsbad, CA 92008
{"city of
Carlsbad
A notice has been mailed to
all property owners/occupants
listed herein. / /. Date: 'f z !. 20
Signature: c{lore.S
SUBJECT: AMEND 2020-0008 (DEV14024) -HOOVER STREET MINOR SUBDIVISION -Request for
approval of a Tentative Parcel Map Amendment AMEND 2020-0008, which is a
modification to MS 14-05; an approved four-lot subdivision at 4276 Adams Street, in the
R-1-15,000 Zone, Mello II Segment of the Local Coastal Program and in Local Facilities
Management Zone 1.
Dear Mr. Sukup,
The City Planner has completed a review of the application for a tentative parcel map amendment for an
approved four-lot subdivision located at 4276 Adams Street. The applicant has requested to modify
condition 35.D. listed in the administrative approval letter for MS 14-05, dated January 15, 2015.
Condition 35.D. of MS 14-05 states:
35. Developer shall prepare and process public improvement plans and, prior to city engineer
approval of said plans, shall execute a city standard Minor Subdivision Improvement Agreement
to install and shall post security in accordance with C.M.C. Section 20.16.070 for public
improvements shown on the Tentative Parcel Map. Said improvements shall be installed to city
standards to the satisfaction of the city engineer. These improvements include, but are not
limited to:
D. Common private driveway improvements serving Parcel 4 and offsite parcel (APN 206-
150-15) as shown on the Tentative Parcel Map.
The applicant is proposing that this condition be modified to defer construction of the driveway
improvements to prior to building occupancy of Parcel 4 of Parcel Map PM 21413.
The City Planner has made a decision pursuant to Section 20.24.120 of the City of Carlsbad Municipal Code
to deny this tentative parcel map amendment based on the finding listed below.
Finding:
1. That the proposed map amendment is not consistent with Title 20 of the Carlsbad Municipal Code
(CMC), in that the proposed request to amend a condition of approval of MS 14-05 is not consistent
with CMC Section 20.16.040(A)(1), 20.28.020 and 20.28.060. CMC Section 20.16.040(A)(1) states
Community Development Department
Planning Division j 1635 Faraday Avenue Carlsbad, CA 92008-7314 j 760-602-4600 j 760-602-8560 f I www.carlsbadca.gov
AMEND 2020-0008 (DEV14024) -HOOVER STREET MINOR SUBDIVISION
September 22, 2020
Pa e 2
that the subdivider shall grade and improve or agree to grade and improve all land dedicated or to
be dedicated for streets or easements, bicycle routes and all private streets and private easements
laid out on a final map or parcel map in such manner and with such improvements as are necessary
for the use of the lot owners in the subdivision and local neighborhood traffic and drainage needs,
and in· accordance with city standards. Furthermore, CMC Section 20.28.020 states a panhandle-
shaped or flag-shaped lot, if permitted by Title 21, shall have a minimum frontage of 20 feet on a
dedicated public street or publicly dedicated easement accepted by the city. Panhandles may not
serve as access to any lot except the lot of which the panhandle is a part. Where the panhandle or
flag-shaped portion of a lot is adjacent to the same portion of another such lot, the required
minimum frontage on such street or easement shall be 15 feet provided a joint easement ensuring
common access to both such portions is agreed upon by the property owners and recorded. Lastly,
CMC Section 20.28.060 states:
A. As a condition precedent to the approval of a parcel map for a minor subdivision, the
subdivider shall construct all off-site and onsite improvements in accordance with the
requirements applicable to major subdivisions as set forth in Section 20.16.040 of this title
for the parcels being created; provided, however, that requirements for the construction
of such off-site and onsite improvements shall be noticed by certificate on the parcel map,
in the instrument evidencing the waiver of such parcel map, or by separate instrument and
shall be recorded on, concurrently with, or prior to the parcel map or instrument of waiver
of a parcel map being filed for record.
B. Fulfillment of such construction requirements shall not be required until at or after such
time as a building or grading permit is issued by the city or at such time as may be provided
by an agreement between the subdivider and the city pursuant to Section 20.28.070,
except that in the absence of such agreement the city engineer may require fulfillment of
some or all of such construction requirements within a reasonable time following approval
of the parcel map and prior to the issuance of a building or grading permit for the
development of a parcel upon a finding that fulfillment of such construction requirements
is necessary for reasons of public health and safety or that the construction is a necessary
prerequisite to the orderly development of the surrounding area.
Parcel 4 of Parcel Map PM 21413 is a panhandle lot that has the minimum required frontage of 15 feet
with a provided private joint easement with offsite parcel (APN 206-150-15) ensuring common access.
The panhandle lot and private joint easement caused the requirements for off-site improvements to
ensure the minimum 20-foot driveway access (required per CMC Section 21.10.100{D)(5)) and the
requirements for construction of such off-site improvement was noticed by the certificate on Parcel Map
PM 21413. The fulfillment of said off-site improvements must be fulfilled at the time of grading permit
issuance which the project has an issued active grading permit, GR2016-0001 as of June 28, 2018.
Therefore, the request to defer construction of the driveway improvements prior to building occupancy
of Parcel 4 of Parcel Map PM 21413 is denied since the request is not consistent with the requirements of
CMC Section 20.16.040(A)(1), 20.28.020, and 20.28.060. ·
AMEND 2020-0008 (DEV14024)-HOOVER STREET MINOR SUBDIVISION
September 22, 2020
Pa e 3
NOTICE
This decision may be appealed by you or any other member of the public to the Planning Commission
within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division at
1635 Faraday Avenue in Carlsbad, along with a payment of $876.00. The filing of such appeal within such
time limit shall stay the effective date of the order of the City Planner until such time as a final decision
on the appeal is reached. If you have any questions regarding this matter, please feel free to contact the
Project Planner, Chris Garcia, at 760-602-4622 or chris.garcia@carlsbadca.gov.
DON NEU
City Planner
DN:CG:cf
c: Teri Delcamp, Principal Planner
Kyrenne Chua, Project Engineer
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