HomeMy WebLinkAboutCDP 2020-0019; SLATTERY MS - TRITON STREET; Admin Decision LetterJune 23, 2021
Dale K. Brewer
{"city of
Carlsbad
8FILE COPY
/1fA-i'/.,_j t,/2'1/21
318 State Place
Escondido, CA 92002
SUBJECT:
Mr. Brewer,
CDP 2020-0019/MS 2020-0002 (DEV2020-0112) -SLATTERY MS -TRITON STREET -
Request for approval of Minor Coastal Development Permit CDP 2020-0019 and Tentative
Parcel Map MS 2020-0002, to subdivide a 0.64-acre lot into two parcels, each greater than
7,500 square feet in size, located on the south side of Triton Street at the western
terminus in the One-Family Residential (R-1) Zone, in the Mello II Segment of the Local
Coastal Program, and in Local Facilities Manage Zone 20. The City Planner has determined
that this project is exempt from the requirements of the California Environmental Quality
Act {CEQA) pursuant to Sections 15315 "Minor Land Divisions" and 15304 "Minor
Alterations to Land" of the State CEQA Guidelines and will not have any adverse significant
impact on the environment.
The City Planner has completed a review of the application for a Coastal Development Permit and
Tentative Parcel Map located on the south side of Triton Street at the western terminus. The existing lot
is undeveloped. The subdivision will create two residentially zoned parcels that will be available for the
construction of one single-family home per lot under the current R-1 zoning designation and Zone 20
Specific Plan {SP 203). Coastal Development Permits will be required for the construction of future homes.
The City Planner has made a decision pursuant to Section 21.201.080 and 20.24.120 of the City of Carlsbad
Municipal Code to approve this Coastal Development Permit and Tentative Parcel Map based on the
findings and subject to the conditions listed below.
Findings:
Coastal Development Permit, CDP 2020-0019
1. That the total cost of the proposed development is less than $60,000.
2. That the proposed development requires no discretionary approvals other than a Minor Coastal
Development Permit and Tentative Parcel Map.
3. That the development is in conformity with the public access and public recreation policies of Chapter
3 of the Coastal Act, in that the site is not located adjacent to the shore. Therefore, the project will
not interfere with the public's right to physical access to the sea and the site is not suited for water-
oriented recreation activities.
Community Development -
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov
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4. That the proposed development is in conformance with the Mello II Segment of the Certified Local
Coastal Program (LCP) and all applicable policies in that the site is designated R-4 Residential (0-4
du/ac) for single family development by the Mello II LCP and the project consists of grading and
·} , spltdividing a 0.64-acre lot into two (2) single-family residential lots at a density of 3.1 du/acre on
an'{,nae'i'telopedsite. The proposed graded residential lots will not obstruct views from public lands
or the public right-of-way, nor otherwise damage the visual beauty of the coastal zone. No
agricultural uses as identified on Map X attached to the LCP currently exist on the site, nor are there
any sensitive resources located on the disturbed property. In addition, the subdivision is not located
in an area of known geologic instability or flood hazards. Since the site does not have frontage along
the coastline, no public opportunities for coastal shoreline access are available from the subject
site. Furthermore, the residentially designated site is not suited for water-oriented recreation
activities.
5. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone Chapter
21.203 of the Zoning Ordinance) in that the project will adhere to the city's Master Drainage Plan,
Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff
Management Program (JRMP} to avoid increased urban runoff, pollutants, and soil erosion. No
undevelopable steep slopes or native vegetation is located on the subject property and the
previously graded site is not located in an area prone to landslides, or susceptible to accelerated
erosion, floods, or liquefaction.
6. The project is not located between the sea and the first public road parallel to the sea and, therefore,
is not subject to the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.201
of the Zoning Ordinance).
7. That the request for a minor coastal development permit was adequately noticed at least ten (10)
working days before the date of this decision pursuant to Section 21.201.0B0(B) and (C) of the
Carlsbad Coastal Development Regulations.
Tentative Parcel Map, MS 2020-0002
8. 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 Subdivisi~n Map Act, and will not cause
serious public health problems, in that the R-4 Residential General Plan Land Use designation, the R-
1 Zone, and the Zone 20 Specific Plan allow for single-family homes on individual lots. The two
parcels being created satisfy all minimum requirements of Carlsbad Municipal Code Titles 20 and
21 regarding lot sizes and configuration and have been designed to comply with all applicable city
regulations.
9. That the proposed project is compatible with the surrounding future land uses in that the subject
property is surrounded by existing single-family homes. The two-lot subdivision will provide for one
single-family home per lot consistent with the R-1 Zone and Zone 20 Specific Plan.
10. 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 creates lots that meet all development standards and design criteria
required by the R-1 Zone and Zone 20 Specific Plan for the creation of two standard lots including
but not limited to requirements for access, minimum lot size and lot width, and will facilitate future
development of homes that will be able to meet lot coverage and setback standards. The project's
density of 3.1 dwelling units per acre is within the density range allowed by the General Plan.
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11. That the design of the subdivision or the type of improvements will not conflict with easements of
record or easements established by court judgment, or acquired by the public at large, for access
through or use of property within the proposed subdivision, in that the developer has noted and will
preserve on the tentative parcel map all existing easements of record. The project is conditioned to
provide dedication of frontage for the completion of Triton Street along the project's frontage.
12. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of
1965 (Williamson Act).
13. Thatthe design of the subdivision provides, to the 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 will allow for passive or natural solar heating and cooling opportunities for
the future dwelling units.
14. 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 in that the lots facilitate future dwelling
units and can be adequately served by existing public services, and the project has been conditioned
to pay inclusionary housing in-lieu fees for two units.
15. 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.
16. 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 Best Management Practices for water quality protection in accordance with the
city's sewer and drainage standards and the project is conditioned to comply with the National
Pollutant Discharge Elimination System {NPDES} requirements.
General
17. 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-4 Residential (0-4 dwelling units per acre)
with a 3.2 du/ac Growth Management Control Point (GMCP}. The property has a net developable
lot area of 0.64 acres and at the R-4 GMCP two (2) dwelling units are allowed. Therefore, the
project's proposed two lots, allowing one dwelling unit each, are consistent with the R-4 Residential
General Plan Land Use designation.
18. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 20 and all City public facility policies and ordinances. The project includes
elements or has been conditioned to construct or provide funding to ensure that all facilities and
improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools;
parks and other recreational facilities; libraries; government administrative facilities; and open space,
related to the project will be instaHed to serve new development prior to or concurrent with need.
Specifically,
a. The project has been conditioned to provide proof from the Carlsbad Unified School District
that the project has satisfied its obligation for school facilities.
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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.
19. That the City Planner has determined that the project is exempt from the requirements of the
California Environmental Quality Act (CEQA) per Section 15315 (Minor Land Division) of the State
CEQA Guidelines and will not have any adverse significant impact on the environment in that the
property is in an urbanized area zoned for residential use and 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 developable portion
of the site does not have an average slope greater than 20 percent.
20. The City Planner has reviewed each of the exactions imposed on the Developer contained in this
approval letter, 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 otherwise specified herein, all conditions shall be satisfied prior to approval offinal map.
1. The City Planner does hereby APPROVE Minor Coastal Development Permit CDP 2020-0019 and
Tentative Parcel Map MS 2020-0002, for the project entitled SLATTERY MS -TRITON STREET
(Exhibits "A" -"B"), dated June 23, 2021 on file in the Planning Division and incorporated by this
reference, subject to the conditions herein set forth.
2. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and
maintained over time, if any of such conditions fail to be so implemented and maintained according
to their terms, the city shall have the right to revoke or modify all approvals herein granted; deny or
further condition issuance of all future building permits; deny, revoke or further condition all
certificates of occupancy issued under the authority of approvals herein granted; record a notice of
violation on the property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer or a successor
in interest by the city's approval of this Minor Coastal Development Permit and Tentative Parcel
Map.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Minor Coastal Development Permit and 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. The 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.
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6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless
the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and
against any and all liabilities, losses, damages, demands, claims and costs, including court costs and
attorney's fees incurred by the city arising, directly or indirectly, from (a) City's approval and issuance
of this Minor Coastal Development Permit and Tentative Parcel Map, (b) City's approval or issuance
of any permit or action, whether discretionary or nondiscretionary, in connection with the use
contemplated herein, and (c) Developer/Operator's installation and operation of the facility
permitted hereby, including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all
legal proceedings have been concluded and continues even if the city's approval is not validated.
7. This approval is for a subdivision map and the creation of developable pads with approval of a final
map and grading permit consistent with Exhibits "A" -"B" dated June 23, 2021. Further grading and
development of homes on Parcel 1 and Parcel 2 will be subject to application and approval of a
Coastal Development Permit (CDP) for both homes or for each parcel if developed separately. All
future development shall comply with applicable codes, standards and regulations.
8. Future building permits will not be issued for this project unless the local agency providing water and
sewer services to the project provides written certification to the City that adequate water service
and sewer facilities, respectively, are available to the project at the time of the application for the
building permit, and that water and sewer capacity and facilities will continue to be available until the
time of occupancy. A note to this effect shall be placed on the Final Parcel Map.·
9. At future issuance of building permits, the Developer shall pay to the City an inclusionary housing
in-lieu fee for two (2) units 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.
10. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License
Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFO #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 20, pursuant to
Chapter 21.90. All such taxes/fees shall be paid at future issuance of future building permit. If the
taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become
void.
11. Developer shall report, in writing, to the City Planner within 30 days, any address change from that
which is shown on the permit application, any change in the telecommunications provider, or any
transfer in ownership of the site.
12. Prior to the issuance of the final parcel map, Developer shall submit to the City a Notice of Restriction
to be filed in the office of the County Recorder, subjectto the satisfaction of the City Planner, notifying
all interested parties and successors in interest that the City of Carlsbad has issued a Minor Coastal
Development Permit and Tentative Parcel Map on the property. Said Notice of Restriction shall note
the property description, location of the file containing complete project details and all conditions of
approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction.
The City Planner has the authority to execute and record an amendment to the notice which modifies
or terminates said notice upon a showing of good cause by the Developer or successor in interest.
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13. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities District or
other financing mechanism which is inconsistent with City Council Policy No. 38, by allowing a pass-
through of the taxes or fees to individual home buyers, then in addition to any 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
General
14. Prior to hauling dirt or construction materials to or from any future proposed construction site within
this project, developer shall apply for and obtain approval from, the city engineer for the proposed
haul route.
15. This project is approved upon the express condition that future 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.
16. Developer shall prepare, submit and process for city engineer approval a final map to subdivide this
project. There shall be one Final Map recorded for this project. Developer shall pay the city standard
map review plan check fees.
17. Developer shall install sight distance corridors at all street intersections and driveways in accordance
with City Engineering Standards. The property owner shall maintain this condition.
Fees/ Agreements
18. Developer shall cause property owner to execute and submit to the city engineer for recordation, the
city's standard form Geologic Failure Hold Harmless Agreement.
19. Developer shall cause property owner to execute and submit to the city engineer for recordation the
city's standard form Drainage Hold Harmless Agreement.
Grading
20. Based upon a review of the proposed grading shown on the tentative map, a grading permit is
required. Developer shall prepare and submit plans and technical studies/reports as required by city
engineer, post security and pay all applicable grading plan review and permit fees per the city's latest
fee schedule.
Storm Water Quality
21. 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.
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22. 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.
23. 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.
24. 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.
Dedication/Improvements
25. Developer shall design the private drainage systems, 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.
26. Developer shall prepare and process public improvement plans and, prior to city engineer approval
of said plans, shall execute a city standard Subdivision Improvement Agreement to install and shall
post security in accordance with C.M.C. Section 20.16.070 for public improvements shown on the
tentative map. Said improvements shall be installed to city standards to the satisfaction of the city
engineer. These improvements include, but are not limited to:
a. Curb and gutter
b. Sidewalk
C. Driveways
d. Sewer laterals
e. Water services/meters
f. Asphalt concrete pavement
Developer shall pay the standard improvement plan check and inspection fees in accordance with the
fee schedule. Improvements listed above shall be constructed within 36 months of approval of the
subdivision or development improvement agreement or such other time as provided in said
agreement.
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Non-Mapping Notes
27. Add the following notes to the final map as non-mapping data:
a. Developer has executed a city standard Subdivision Improvement Agreement and has posted
security in accordance with C.M.C. Section 20.16.070 to install public improvements shown ·on
the tentative map. These improvements include, but are not limited to:
i. Curb and gutter
ii. Sidewalk
iii. Driveways
iv. Sewer laterals
v. Water services/meters
vi. Asphalt concrete pavement
b. Building permits will not be issued for development of the subject property unless the appropriate
agency determines that sewer and water facilities are available.
c. Geologic Caution: The owner of this property on behalf of itself and all of its successors in interest
has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise
through any geological failure, ground water seepage or land subsidence and subsequent damage
that may occur on, or adjacent to, this subdivision due to its construction, operation or
maintenance.
d. 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.
e. The owner of this property on behalf of itself and all of its successors in interest has agreed to
hold harmless and indemnify the City of Carlsbad from any action that may arise through any
diversion of waters, the alteration of the normal flow of surface waters or drainage, or the
concentration of surface waters or drainage from the drainage system or other improvements
identified in the city approved development plans; or by the design, construction or maintenance
of the drainage system or other improvements identified in the city approved development plans.
f. There are no public park or recreational facilities to be located in whole or in part within this
subdivision. The subdivider is therefore obligated to pay park-in-lieu fees in accordance with
section 20.44.050 of the Carlsbad Municipal Code and has either paid all of said park in-lieu fees
or agreed to pay all of said park-in-lieu fees in accordance with section 20.16.070 of the Carlsbad
Municipal Code.
Utilities
28. 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.
29. Developer shall design and agree to construct public facilities within public right-of-way or within
minimum 20-foot wide easements granted to the district or the City of Carlsbad. At the discretion of
the district or city engineer, wider easements may be required for adequate maintenance, access
and/or joint utility purposes.
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30. Developer shall install potable water and/or recycled water services and meters at locations approved
by the district engineer. The locations of said services shall be reflected on public improvement plans.
31. 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.
32. Developer shall design and agree to construct public water, sewer, and recycled water facilities
substantially as shown on the tentative map to the satisfaction of the district engineer and city
engineer.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
33. 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.
34. Prior to the future issuance of a building permit, Developer shall pay a Public Facility fee as required
by Council Policy No. 17.
35. Prior to the future issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 20 as required by Carlsbad Municipal Code Section 21.90.050.
36. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section
17.04.060.
37. 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.
38. 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.
39. 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) shown on the
tentative map are for planning purposes only.
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NOTICE
This decision may be appealed by you or any member of the public to the Planning Commission within ten
(10) calendar days of receipt of this letter. Appeals must be submitted in writing to the Planning
Commission 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.
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."
You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest
them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the
protest and any other required information with the City Manager for processing in accordance with
Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent
legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other
similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute
of limitations has previously otherwise expired.
If you have any questions regarding this matter, please feel free to contact Chris Garcia at 760-602-4622
or by email at chris.garcia@carlsbadca.gov.
CITY OF CARLSBAD
CLIFF JONES
Principal Planner
CJ:CG:cf
c: Don Neu, City Planner
Bill Slattery, 2794 Gateway Road, Carlsbad, CA 92009
Allison McLaughlin, Project Engineer
HPRM/File Copy
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