HomeMy WebLinkAboutPUD 2020-0003; 2721-2723 ABEJORRO STREET; Admin Decision LetterMarch 21, 2022
Larry Walsh
{'city of
Carlsbad
8FILE COPY
Walsh Engineering & Surveying, Inc.
607 Aldwych Road
m~,·I~ J/11/22.
El Cajon, CA 92020
SUBJECT: PUD 2020-0003/MS 2020-0006 (DEV2020-0319) -2721-2723 ABEJORRO STREET -
Request for approval of a Minor Planned Development Permit and Minor Subdivision
(PUD 2020-0003/MS 2020-0006) to subdivide a 10,367-square-foot lot developed with a
twin-home into two lots to allow each unit to be located on a separate legal lot. The
project is located at 2721-2723 Abejorro Street, in the R-2 Zone and Local Facilities
Management Zone 6.
Dear Mr. Walsh,
The City Planner has completed a review of your application for a Minor Planned Development Permit
subdivision of an existing lot with a twin-home into two lots to allow each unit to be located on a
separate legal lot located at 2721-2723 Abejorro Street. A notice was sent to property owners within a
300-foot radius of the subject property requesting comments regarding the above request. No comments
were received within the ten-day notice period (ending on February 2, 2021). After careful consideration
of the circumstances surrounding this request, the City Planner has made a decision pursuant to Section
21.45.050 of the City of Carlsbad Municipal Code to APPROVE this request based on the following findings
and subject to the conditions listed below.
Findings:
PUD 2020-0003
1. That the proposed project is consistent with the general plan, and complies with all applicable
provisions of Chapter 21.45, and all other applicable provisions of the Carlsbad Municipal Code, in
that the General Plan Land Use designation for the property is R-8. The R-8 Land Use designation
allows for the development of one-family, two-family, and multiple family residential units within
a density range of 4 -8 dwelling units per acre (du/ac). The site consists of an existing twin-home
with a density of 8.6 dwelling units per acre. General Plan Policy 2-P .15 allows for the development
of a two-family dwellings on all lots which legally existed and were zoned R-2 as of December 1,
1986, regardless of the density allowed by the residential land use designation, provided the
development of the dwellings complied with all applicable development standards in effect at the
time of the development and there are no modifications required to the existing building as part of
this permit. This residence was constructed in 1981. The General Plan Land Use Element and R-2
zone both allow for the development of two-family dwelling units. The proposed subdivision meets
all development standards and design criteria required by the Planned Development ordinance for
the creation of two lots, in that the minimum size and width of each of the lots is 3,750 square feet
and 35 feet, respectively; the lot coverage for each unit does not exceed 60 percent of the net pad
area; and each unit complies with the minimum setbacks.
Community Development Department
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov
PUD 2020-0003/MS 2020-0006 (DEV2020-0319)-2721-2723 ABEJORRO STREET
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2. That the proposed project will not be detrimental to existing uses, or to uses specifically permitted in
the area in which the proposed use is to be located, and will not adversely impact the site,
surroundings, or traffic, in that the project involves the subdivision of one lot currently developed
with a twin-home into two lots to allow for each unit to be located on a separate legal lot. The
proposed.project is located in an area in which all necessary public facilities are constructed and in
place. The existing one-story residential structure is compatible with surrounding one and two-
family residential uses, and no negative traffic impacts will result from the project as no additional
average daily trips (ADTs) will be generated.
3. That the project will not adversely affect the public health, safety or general welfare, in that the
project complies with all applicable development standards of the Planned Development Ordinance
(CMC Chapter 21.45) of the Carlsbad Municipal Code by providing a diverse type of housing of twin-
homes on individual lots of less than seven thousand five hundred square feet in size.
4. That the project's design, including architecture, streets and site layout:
a. Contributes to the community's overall aesthetic quality, in that the existing one-story twin-
home with attached garages is similar to other surrounding developed residential projects;
b. Includes the use of harmonious materials and colors, and the appropriate use of landscaping,
in that the existing twin-home utilizes an earth tone color scheme. The landscaping consists
of a plant material that enhance the exterior of the building and is harmonious with the
surrounding residences; and
c. Achieves continuity among all elements of the project, in that all elements (site layout,
architecture, landscaping) create continuity in the overall project design and the project
blends well with the variety of architectural styles that exist within the surrounding
neighborhood.
MS 2020-0006
5. 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 General Plan Land Use designation, the R-2 zoning
designation and Planned Development Ordinance (CMC Chapter 21.45) allow for twin homes on
small lots with a minimum lot size of 3,750 square feet. The proposed lots and existing units comply
with the minimum requirements of Titles 20 and 21 regarding lot size and width and the project has
been designed to comply with all other regulations.
6. That the proposed project is compatible with the surrounding future land uses since surrounding
properties have a General Plan Land Use designation of R-8 and R-1.5 and the subject property is
surrounded by existing single-family and two-family homes. The subdivision of the 0.23 acre lot into
two lots would result in a density of 8.6 du/ac, which is above the density range allowed by the R-
8 designation (4 -8 du/ac) and above the Growth Management Control Point (6 du/ac). However,
General Plan Policy 2-P.15 allows for the development of a two-family dwelling on all lots which
legally existed and were zoned R-2 as of December 1, 1986, regardless of the density allowed by the
residential land use designation, provided the development of the dwellings complies with all
applicable development standards in effect at the time of the development. This residence was
constructed in 1981.
PUD 2020-0003/MS 2020-0006 (DEV2020-0319) -2721-2723 ABEJORRO STREET
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7. 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
Planned Development Ordinance for the creation of two parcels including, but not limited to,
requirements for access, minimum lot size, lot width and setbacks.
8. 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 delineated and
preserved on the parcel map, all existing easements of record.
9. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of
1965 (Williamson Act).
10. That the design of the subdivision provides, to the extent feasible, for future passive or natural heating
or cooling opportunities in the subdivision, in that the existing residential units have multiple
windows o_n all sides of the building to take advantage of natural heating and cooling opportunities.
11. 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.
12. 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 project site
is currently developed with a twin-home and the useable rear yard areas do not contain any
sensitive resources.
13. 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 drainage standards.
General
14. That the City Planner has determined that the project belongs to a class of projects that the State
Secretary for Resources has found do not have a significant impact on the environment, and it is
therefore categorically exempt from the requirement for the preparation of environmental
documents pursuant to Section 15315 (Minor Land Divisions) Class 15 Categorical Exemption of the
state CEQA Guidelines. In making this determination, the City Planner has found that the exceptions
listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project.
15. That the request for a Minor Planned Development Permit was adequately noticed at least ten (10)
calendar days before the date of this decision pursuant to Section 21.54.060 of the Carlsbad Municipal
Code.
PUD 2020-0003/MS 2020-0006 (DEV2020-0319)-2721-2723 ABEJORRO STREET
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16. 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 otherwise specified herein, all conditions shall be satisfied prior to recordation of the
associated Tentative Parcel Map (MS 2020-0006).
1. Approval is granted for PUD 2020-0003/MS 2020-0006 as shown on Exhibit "A" dated March 21, 2022
on file in the Planning Division and incorporated herein by reference. Development shall occur
substantially as shown unless otherwise noted in these conditions.
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 Planned Development Permit/Minor
Subdivision.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Minor Planned Development Permit/Minor Subdivision 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. 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.
5. Prior to final parcel map, the Developer shall provide proof to the City Planner from the San Marcos
School District that this project has satisfied its obligation to provide school facilities.
6. 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.
7. Prior to the recordation of the associated Parcel Map (MS 2020-0006), Developer shall submit to the
City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction
of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad
has issued a Minor Planned Development Permit (PUD 2020-0003} and Minor Subdivision (MS 2020-
PUD 2020-0003/MS 2020-0006 (DEV2020-0319) -272.1-2723 ABEJORRO STREET
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0006} 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 ail amendment to the notice which modifies or terminates said notice upon a
showing of good cause by the Developer or successor in interest.
8. Developer shall pay park-in-lieu fees to the city, prior to the recordation ofthe parcel map as required
by Chapter 20.44 of the Carlsbad Municipal Code.
9. Prior to final Parcel Map, the developer shall submit one (1) copy of a compliance inspection
performed on the property by the Building Division.
10. This project approval becomes null and void upon the expiration or withdrawal of Planned
Development Permit and Minor Subdivision PUD 2020-0003/MS 2020-0006.
11. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations
in effect at the time of building permit issuance.
12. 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.
13. 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 Planned Development Permit/Minor Subdivision, (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.
14. This approval shall become null and void if the Parcel Map is not recorded for this project within 24
months from the date of project approval.
Engineering:
General
15. Developer shall prepare, submit and process for city engineer approval a parcel map to subdivide
this project. There shall be one parcel map recorded for this project. Developer shall pay the city
standard map review plan check fees.
PUD 2020-0003/MS 2020-0006 (DEV2020-0319) -2721-2723 ABEJORRO STREET
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16. Property owner shall maintain all landscaping (street trees, tree grates, shrubs, groundcover, etc.)
and irrigation along the parkway frontage with Abejorro Street as shown on the Tentative Map.
Storm Water Quality
17. 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.
Dedication/Improvements
18. Prior to any work in city right-of-way or public easements, Developer shall apply for and obtain a right-
of-way permit to the satisfaction of the city engineer.
19. 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. Remove and add sidewalk to be non-contiguous with the curb along the subdivision street
frontage and transition sidewalk to the existing sidewalk contiguous with the curb fronting the
abutting properties.
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.
Non-Mapping Notes
20. 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:
1) Remove and add sidewalk to be non-contiguous with the curb along the subdivision street
frontage and transition sidewalk to the existing sidewalk contiguous with the curb
fronting the abutting properties.
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.
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Utilities
21. Developer shall install potable water and/or recycled water services and meters, if applicable, at
locations approved by the district engineer. The locations of said services shall be reflected on public
improvement plans.
22. The developer shall meet with and obtain approval from the Leucadia Wastewater District regarding
sewer infrastructure available or required to serve this project.
Code Reminders:
23. 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.
24. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section
18.04.320.
25. This tentative map shall expire two years from the date on which the City Planner approved this
application.
PUD 2020-0003/MS 2020-0006 (DEV2020-0319) -2721-2723 ABEJORRO STREET
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NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."
You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and
file the protest and any other required information with the City Manager for processing in accordance
with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any
subsequent legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges, 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.
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 Paul Dan at (442) 339-2614.
Sincerely,
~~
CLIFF JONES
Principal Planner
CJ:PD:cf
c: David Rick, Project Engineer
Don Neu, City Planner
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