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Home My WebLink About2009-01-07; Planning Commission; ; CDP 08-06 RHOADES MINOR SUBDIVISIONThe City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: January 7, 2009 Application complete date: 5/19/08 Project Planner: Shelley Esteybar Project Engineer: Clyde Wickham SUBJECT: CDF 08-06 - RHOADES MINOR SUBDIVISION - Appeal of a Planning Director decision to approve a Minor Coastal Development Permit to allow for the subdivision of a .42 acre single-family residential lot, zoned R-1-7,500-Q, into two minimum 8,343 square foot single-family residential lots, including one panhandle lot, located on the south side of Triton Street, west of Black Rail Road and south of Poinsettia Lane within the Mello II Segment of the City's Local Coastal Program and within Local Facilities Management Zone 20. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6519 DENYING the appeal and upholding the decision of the Planning Director to APPROVE a Coastal Development Permit application. II. INTRODUCTION Three residents owning properties adjacent to the project site are appealing the decision of the Planning Director to approve a proposed Minor Coastal Development Permit to allow for the subdivision of a .42 acre single-family residential lot into 2 lots. The Planning Director approved the administrative Minor Coastal Development Permit application in that the project is consistent with City's applicable Coastal Development Regulations (Chapters 21.201 and 21.203 of the Carlsbad Municipal Code) as well as all other applicable City ordinances and policies. However, the appeal letter, dated October 25, 2008 argues that not all the applicable City ordinances and policies have been met and that the appeal provides sufficient grounds for a requested action from the Planning Commission. Staff has reviewed and analyzed the comments and concludes that the Planning Director approval should be upheld. Pursuant to CMC Section 21.54.140, whenever the Planning Director is the authorized decision maker, the decision may be appealed to the Planning Commission. The filed appeal shall specifically state the reason or reasons for the appeal and the burden of proof is on the appellant to establish by substantial evidence that the grounds for the requested action exist. The Planning Commission action on an appeal shall be final unless appealed to the City Council. III. PROJECT DESCRIPTION AND BACKGROUND On February 22, 2008 the applicant (Glen Rhoades) applied for a Minor Subdivision (MS 08-02) and a Minor Coastal Development Permit (CDP 08-06) to subdivide a .42 acre R-1-7500-Q zoned lot into two minimum 8,343 square foot single-family residential lots, including one panhandle lot. No houses are proposed at this time and the future homes require the approval of separate Coastal Development Permits prior to construction. The project site is located on theo CDP 08-06 - RHOADES MINOR SUBDIVISION January 7, 2009 Page 2 south side of Triton Street, west of Black Rail Road and south of Poinsettia Lane within the Mello II Segment of the City's Local Coastal Program and within Local Facilities Management Zone 20. The Minor Coastal Development Permit was deemed complete on May 19, 2008. A Notice of Pending Decision, dated August 14, 2008, was sent out in accordance with the Coastal Development Permit Procedures (Title 21 Section 21.201.080(3). The contents of the notice included a statement of a public comment period of at least fifteen working days. Within the comment period any individual is allowed to submit a request for an administrative public hearing before the Planning Director. The Planning Director's decision shall be based upon the requirements of, and shall include specific factual findings supporting whether the project is or is not in conformity with, the certified local coastal program. A Minor Subdivision (MS 08-02) application was processed concurrently with the Minor Coastal Development Permit. The City Engineering Department is the designated lead agency for the Minor Subdivision. Although both the Minor Subdivision and Minor Coastal Development Permit are processed concurrently, they are handled through separate processes. Comments were received within the 15 day noticing period for the Minor Coastal Development Permit (ending September 5, 2008) and two requests for an administrative public hearing were filed. The request was submitted by two surrounding property owners and interested party who had concerns with both the Minor Coastal Development Permit and the Minor Subdivision application. On September 9, 2008, the Planning Department and Engineering Department held a joint administrative public hearing to consider said request. Public testimony was given. After careful consideration of the public testimony given at the administrative hearing, a review of the facts set forth in the application and a review of the application's consistency with the City's applicable Coastal Development Regulations (Chapters 21.201 - 21.205) as well as all other applicable City ordinances and policies, the Planning Director determined that the Minor Coastal Development Permit CDP 08-06 - Rhoades Minor Subdivision met all the findings required for approval and therefore approved the Minor Coastal Development Permit request based on the findings and conditions contained in the Notice of Final Decision dated October 15, 2008 and attached herein by reference (Attachment 7). An appeal letter, dated October 25, 2008 (Attachment 8) was then submitted within the required 10-day appeal period (Title 21 Section 21.54.140(b)). The appellants argue that not all the applicable City ordinances and policies have been met and that the appeal provides sufficient grounds for a requested action from the Planning Commission. Staff has reviewed and analyzed the comments and concludes that the Planning Director's approval should be upheld. Concurrently, a Preliminary Decision letter for the approval of the Minor Subdivision (MS 08- 02) was sent out on October 15, 2008 to the applicant, owners and neighbors within a 600 radius by the City Engineering Department. On October 28th, 2008, the Engineering Department sent out a final letter of approval based on the findings and conditions of approval set forth in the preliminary approval letter. No appeal for the Minor Subdivision was submitted within the 10- day appeal period in accordance with the City of Carlsbad's Subdivisions Ordinance, Title 20 Section 20.24.140(f). However, the approval of the Minor Subdivision is granted subject to the approval of CDP 08-06 and is subject to all conditions in the approval letter for CDP 08-06 dated CDP 08-06 - RHOADES MINOR SUBDIVISION January 7, 2009 Page 3 October 15, 2008 signed by the City of Carlsbad Planning Director (Attachment 7) and will not become effective until a final decision is reached on CDP 08-06. CDP 08-06 Application Timeline February 22, 2008 - Application for CDP 08-06 submitted. May 19,2008 - Application for CDP 08-06 deemed complete. August 14th, 2008 -Notice of Pending Decision sent out. August 18th & August 22nd - Two requests for an administrative public hearing submitted. September 9,2008 - Administrative public hearing held. October 15, 2008 -Notice of final decision for CDP 08-06 mailed out. October 27,2008 - Appeal letter submitted. IV. ANALYSIS The Minor Coastal Development Permit application is subject to the following plans, ordinances, and standards: A. Residential Low-Medium (RLM) General Plan Land Use Designation; B. One-Family Residential, Qualified Development Overlay Zone (R-1-7,500-Q) (Chapter 21.06 and 21.10 of the Zoning Ordinance); C. Mello II Segment of the Local Coastal Program and the Coastal Resource Protection Overlay Zone (Chapter 21:203 of the Zoning Ordinance); and D. Growth Management Ordinance (Chapter 21.90 of the Zoning Ordinance) and Zone 20 Local Facilities Management Plan. The recommendation to uphold the Planning Director's approval of this project was developed by analyzing the project's consistency with the applicable city regulations and policies. The project's compliance with each of the above regulations is discussed in detail in the sections below. A. Residential Low-Medium (RLM) General Plan Land Use Designation The General Plan Land Use designation for the proposed subdivision is Residential Low- Medium Density (RLM). The Residential Low-Medium Density (RLM) Land Use designation allows residential development at a density range of 0 - 4.0 dwelling units per acre. The RLM Growth Management Control Point (GMCP) is 3.2 dwelling units per acre and is used for the purpose of calculating the City's compliance with Government Code Section 65863. The project site has a net developable acreage of .42 acres and at the RLM GMCP would allow 1.34 units. The proposed project's density is 4.76 dwelling units per acre which is above the GMCP of 3.2 dwelling units per acre and is also above the top of the RLM density range of 0-4 dwelling units per acre. However, there is a provision within the Land Use Element of the Carlsbad General Plan which specifies, "There are exceptional cases where the base zone is consistent with the land use designation but would permit a slightly higher yield than that recommended in the low and low-medium density residential classifications. In those exceptional cases, the City may find that the project is consistent with this element if: a) the project is compatible with the objectives, policies, general land uses and programs expressed herein, b) a]] of the necessary infrastructure is CDP 08-06 - RHOADES MINOR SUBDIVISION January 7, 2009 Page 4 in place to support the project, and c) the proposed density does not exceed the maximum density allowed at the top of the range by more than an additional 25%." The proposed project satisfies the above stated findings as follows: a. As demonstrated in Table A below, the proposed project is compatible with the objectives, policies, general land uses and programs of the General Plan. Land Use Element Section III: Goals, Objectives and Implementing Policies & Action Programs. The project is a Minor Coastal Development Permit for a two lot subdivision for single- family residential use with adequate public facilities to serve the two future single-family residences. The surrounding area is developed with predominantly single-family residences on single family lots with the same General Plan and Zoning designations. The project is designed to preserve the single-family detached neighborhood atmosphere and community identity of the existing neighborhood while providing a variety of housing types and density ranges to meet the diverse economic and social requirements of residents. b. The project either incorporates the necessary infrastructure or is conditioned to provide it. c. The maximum density of the RLM designation is 4 dwelling units/acre. The proposed project density is 4.76 dwelling units/acre, which does not exceed the maximum density allowed at the top of the range by more than an additional 25% (5 dwelling units/acre). TABLE A - GENERAL PLAN LAND USE COMPLIANCE ELEMENT GOALS, OBJECTIVES, IMPLEMENTING POLICIES OR ACTION PROGRAMS COMPLIANCE LAND USE Policy C.I (Overall Land Use Pattern - Implementing Policies & Action Programs) - Arrange land uses so that they preserve community identity and are orderly, functionally efficient, healthful, convenient to the public and aesthetically pleasing. The proposed Minor Coastal Development Permit for the subdivision of a .42 acre site into two single-family residential lots will allow the continued preservation of the single-family community identity. The project has been arranged so that the single- family lots are orderly, functionally efficient, healthful, convenient to the public and aesthetically pleasing through compliance with City's applicable Coastal Development Regulations, as well as all other applicable City ordinances and policies. CDP 08-06 - RHOADES MINOR SUBDIVISION January 7, 2009 PageS TABLE A - GENERAL PLAN LAND USE COMPLIANCE CONTINUED ELEMENT GOALS, OBJECTIVES, IMPLEMENTING POLICIES OR ACTION PROGRAMS COMPLIANCE LAND USE Policy C.3 (Overall Land Use Pattern - Implementing Policies & Action Programs) - To ensure the review of future projects places a high priority on the compatibility of adjacent land uses along the interface of different density categories. The proposed project is a Minor Coastal Development Permit to allow for the subdivision of a .42 acre site into two single-family lots. The surrounding area is predominantly single-family residences on similar sized lots and density (See Attachment 9 for an aerial photo with the lot sizes and densities of the surrounding properties). As such, the proposed project is compatible with adjacent land uses. GROWTH MANAGEMENT Policy C.I (Growth Management & Public Facilities - Implementing Policies & Action Programs) - A City which ensures the timely provision of adequate public facilities and services to preserve the quality of life of residents. Policy C.2 (Growth Management & Public Facilities - Implementing Policies & Action Programs) - Require compliance with the following public facility performance standards, adopted September 23, 1986, to ensure that adequate public facilities are provided prior to or concurrent with development: PUBLIC FACILITY AND SERVICE PERFORMANCE STANDARDS: City Administration Facilities Library Wastewater Treatment Capacity Parks Drainage Circulation Fire Open Space Schools Sewer Collection System Water Distribution System The project has met the requirement for adequate public facilities and services or has been conditioned to meet adequate public facilities and services to preserve the quality of life of the future and surrounding residents (see Attachment 7 - Condition No. 23). The project does comply with the public facility and service performance standards to ensure that adequate public facilities are provided prior to or concurrent with development. Please see Table C below (Growth Management Compliance Table) for further clarification. CDP 08-06 - RHOADES MINOR SUBDIVISION January 7, 2009 Page 6 TABLE A - GENERAL PLAN LAND USE COMPLIANCE CONTINUED ELEMENT GOALS, OBJECTIVES, IMPLEMENTING POLICIES OR ACTION PROGRAMS COMPLIANCE RESIDENTIAL Policy A. 1. (Residential - Goals) - A City which provides for a variety of housing types and density ranges to meet the diverse economic and social requirements of residents, yet still ensures a cohesive urban form with careful regard for compatibility while retaining the present predominance of single family residences. The proposed two single- family lots will contribute to providing a variety of housing types and density ranges to meet the diverse economic and social requirements of residents. The project does provide a cohesive urban form with careful regard for compatibility through the design of single-family lots surrounded by single-family lots of similar lot sizes and densities (See Attachment 9). The proposed single-family lots will help retain the present predominance of single-family residences. Policy B.2. (Residential - Objectives) - To preserve the neighborhood atmosphere and identity of existing residential areas. The two proposed single- family lots will preserve the dominant single-family neighborhood atmosphere and identity of the existing single- family residential area. B. One-Family Residential, Qualified Development Overlay Zone (R-l-7,500- Q)(Chapter 21.06 and 21.10 of the Zoning Ordinance) The project meets all of the requirements of the R-1-7,500-Q zoning regulations. All required lot sizes, lot widths, and all panhandle regulations established for the zone have been reviewed for compliance as outlined in Table B below: TABLE B - R-l ZONE DEVELOPMENT STANDARDS STANDARD Lot size Lot Width Buildable Area REQUIRED/ALLOWED 7,500 square feet minimum 60 feet minimum Parcel 1 : 7,500 square feet minimum Parcel 2 (Panhandle Lot): 8,000 square feet minimum in zone districts permitting less than ten thousand square foot lots. PROPOSED Parcel 1: 8,343 square feet Parcel 2: 8,081 square feet Parcel 1:93 feet Parcel 2: 80 feet Parcel 1 : 8,343 square feet Parcel 2: 8,081 square feet CDP 08-06 - RHOADES MINOR SUBDIVISION January 7, 2009 Page 7 TABLE B - R-l ZONE DEVELOPMENT STANDARDS CONTINUED STANDARD Panhandle Width Panhandle Length Panhandle paved driveway width for single-family homes REQUIRED/ALLOWED 20 feet minimum 150 max 14 feet minimum PROPOSED 20 feet 90.23 feet 14 feet The yard requirements of the R-1-7,500-Q zone district shall be met for all future homes as required for interior lots. The Tentative Parcel Map, Exhibit "A" dated October 15, 2008 shows the front, side, and rear property lines of the buildable lot, for purposes of determining the required yards. Future homes will require the approval of a separate Coastal Development Permit and compliance with yard/setback requirements will be evaluated at that time. The majority of the drainage from the lot will be channeled down the private access to the public street. All drainage from the site will be handled to the satisfaction of the city engineer. The panhandle lot has the capacity for having three nontandem parking spaces with an approach not less than twenty-four feet in length with proper turnaround space to permit complete turnaround for forward access to the street. The parking and access arrangement for all future homes will be designed and compliance evaluated at the time future Coastal Development Permits are processed for the single family homes. Structures permitted in the access portion of the lot will be limited to mailboxes, fences, trash enclosures, landscape containers and nameplates. Except for mailboxes, the structures shall not be greater than forty-two inches in height if located within twenty feet of the street property line or greater than six feet in height beyond this point. C. Mello II Segment of the Local Coastal Program and the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) The project site is located within the Mello II Segment of the Local Coastal Program and is not in the appeal jurisdiction. The site is also located within and subject to the Coastal Resource Protection Overlay Zone (Chapter 21.203) of the Carlsbad Municipal Code. The project's compliance with each of these programs and ordinances is discussed below: 1. Mello II LCP Segment The subject site has a Mello II LCP Segment Land Use Plan designation of RLM (Residential Low-Medium Density). The projects consistency with the RLM Land Use designation was analyzed in Section A above. The proposed Minor Coastal Development Permit to allow for a two lot subdivision is consistent with the surrounding development of single-family homes. The minor subdivision will not obstruct views of the coastline as seen from public lands or the public right-of-way, nor otherwise damage the visual beauty of the coastal zone. No agricultural uses currently exist on the site, nor are there any sensitive resources located on the property. The proposed single- family lots are not located in an area of known geologic instability or flood hazard. Since the site CDP 08-06 - RHOADES MINOR SUBDIVISION January 7, 2009 PageS is not located in close proximity to the coast, no public opportunities for coastal shoreline access are available from the subject site. The single-family residentially designated site is not suited for water-oriented recreation activities. 2.Coastal Resource Protection Overlay Zone 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, Standard Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban run off, pollutants and soil erosion. No development is proposed in areas of steep slopes (coastal bluff) and no native vegetation is located on the subject property. The site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction. The project meets the requirements of the Minor Coastal Development Regulations in that: a) The total cost of the proposed development (subdivision of a .42 acre site into two lots) is less than $60,000; b) That the proposed development requires no discretionary approvals other than a Minor Coastal Development Permit; and c) That the development is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act, in that the properties are not located adjacent to the shore and therefore the project will not interfere with the public's right to physical access to the ocean, nor are public recreation areas required of the project. D. Growth Management The project is subject to the provisions of the Growth Management Ordinance, as contained in Chapter 21.90 of the Zoning Ordinance. The project's conformance with the requirements of the Growth Management regulations is detailed in Table C below: TABLE C - GROWTH MANAGEMENT COMPLIANCE STANDARD City Administration Library Waste Water Treatment Park Drainage Circulation Fire School Districts (Carlsbad Unified) Sewer (Carlsbad) Water (Carlsbad) IMPACTS/STANDARDS 6.95 sq. ft. 3.71 sq. ft. 2EDU .01 acre 2 CFS / Drainage Basin "D" 20ADT Station No. 2 Elementary = 0.300 Middle School = 0.1 15 High School = 0.0951 2EDU 440 GPD COMPLY N/A N/A Yes N/A Yes Yes Yes Yes Yes Yes CDP 08-06 - RHOADES MINOR SUBDIVISION January 7, 2009 Page 9 The project site is located within Local Facilities Management Zone 20. There are no special conditions or requirements within the Zone 20 Local Facilities Management Plan that apply to this single-family residential project. However the project is conditioned to pay the appropriate public facility fees, water and sewer connection fees, traffic impact fees, and school fees. All facility improvements necessary to accommodate the development will be in place prior to, or concurrent with development. Therefore, the project is consistent with the Zone 20 Local Facilities Management Plan. The proposed project is .66 units above what the Growth Management Control Point density for the RLM designated property would allow, and therefore .66 dwelling units will be withdrawn from the City's Excess dwelling unit bank. V. RESPONSE TO LETTER OF APPEAL On October 27, 2008, a timely appeal of the decision approving CDP 08-06 was filed pursuant to Title 21 Section 21.54.140(b) by Mr. and Mrs. Conner, Mr. and Mrs. Lin, and Mr. and Mrs. Lynn, three neighbors owning property adjacent to project site. The reasons for the appeal, as stated within the appeal letter submitted by the three families, dated October 25, 2008 and titled CDP 08-06 - Rhoades Minor Subdivision, are listed below together with the Planning Department's Response: 1. The proposed subdivision is not compatible with the rest of the neighborhood. Planning Department Response: The project is a Minor Coastal Development Permit to allow for the subdivision of a .42 acre site into two single-family lots a minimum of 8,343 square feet in size. The surrounding area is developed with predominantly single-family residences on single family lots with the same Residential Low Medium Density (RLM) Land Use Designation and One-Family (R-l- 7,500-Q) zoning designations. The surrounding neighborhood consists of a variety of single family lots sizes ranging from 7,596 square feet to 71,438.40 square feet. The project is designed to preserve the single-family detached neighborhood atmosphere and community identity of the existing neighborhood while providing a variety of housing types and density ranges to meet the diverse economic and social requirements of residents (See Attachment 9). 2. The proposed subdivision is not in line with the General Plan of Carlsbad. The General Plan uses descriptions such as orderly, functionally efficient, aesthetically pleasing, compatible, or in harmony with neighborhood and states that site design should be "indicated by the harmony of proposed buildings in terms of site, height and location, with respect to the existing neighborhood development." Planning Department Response: The proposed Minor Coastal Development Permit is consistent with the applicable General Plan Land Use designation and is compatible and in harmony with the surrounding neighborhood. CDP 08-06 - RHOADES MINOR SUBDIVISION January 7, 2009 Page 10 The Minor Coastal Development Permit will allow for a subdivision that will create a subtle, yet compatible, variety of lot sizes due to the slightly higher density range (4.76 Dwelling Units/Acre), allowable by the Land Use Element of the General Plan, and will thereby help meet the diverse economic and social requirements of residents and still ensure a cohesive urban form with careful regard for compatibility and retaining the present predominance of single family residences which consists of single-family residential lot sizes ranging from 7,596 square feet to 71,438.40 square feet. The project meets the applicable development standards of the One-Family Residential Zone (R-1-7,500-Q), which is consistent of the neighborhood's development standards and will allow for the design of future single family homes to be in harmony with the neighborhood in terms of site, height and location. 3. The proposed panhandle lot is not consistent with designs of other panhandle lots in the area. Planning Department Response: While the proposed panhandle lot is smaller by 3,078 square feet than an existing panhandle lot directly north of Triton Street, the proposed panhandle lot (Parcel 2) does meet all the panhandle lot development standards under Title 21 Section 21.10.100(D) as demonstrated in Table B. 4. The project density is too high. Planning Department Response: This issue is addressed above in IV Analysis, Section A. The project density is entirely consistent with all applicable density provisions of the Carlsbad General Plan and the RLM Land Use designation. 5. The following issues have been brought to the Engineering Department's attention, but are still not listed [addressed] on the approval letter. Does this plan really meet the Storm Water Management Plan (SWMP) for MS 01-04? There are several storm water management issues, including but not limited to: a. An increase to the amount of impervious area b. Increase of water runoff due to proposed grading c. Cross-lot drainage d. Does not exhibit low impact design Planning Department Response: All Storm Water Management Plan (SWMP) issues, including impervious area, runoff, cross- lot drainage, and Low Impact Design (LID), have been addressed by the Engineering Department through the projects design or conditions of approval for Minor Subdivision application no. MS 08-02. 6. Inaccurate calculation of buildable square footage. CDP 08-06 - RHOADES MINOR SUBDIVISION January 7, 2009 Page 11 Planning Department Response: The buildable square footage of both proposed lots is calculated accurately. In accordance with Title 21 Section 21.10.100(C), in approving a panhandle lot, the buildable portion shall be the entire lot exclusive of any portion of the lot less than thirty-five feet in width that is used for access to the lot. In addition, the project meets all residential density requirements under Section 21.53.230, in that the project site does not include undevelopable lands, which are excluded from density calculations, such as beaches, permanent bodies of water, floodways, natural slopes with an inclination greater than 40%, significant wetlands, significant riparian or woodland habits, lands subject to major power transmission easements, land upon which other significant environmental features as determined by the environmental review process for a project are located, or railroad tracks. In summary, the project site, excluding the portion of the lot with a width less than 35 feet used for access, is determined as the buildable square footage for Parcel 2, which is 8,081 square feet. Parcel 1 is not a panhandle lot nor does it have any of the above listed undevelopable lands. Therefore, the net buildable square footage for Parcel 1 is the same as the gross buildable square footage (8,323 square feet). VI. ENVIRONMENTAL REVIEW The Planning Director 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; is being subdivided into four or fewer parcels; no variances are needed for the subdivision; all services for the lots 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. ATTACHMENTS: 1. Planning Commission Resolution No. 6519 2. Location Map 3. Local Facilities Impacts Assessment Form 4. Background Data Sheet 5. Disclosure Statement 6. Reduced Exhibit 7. Planning Director's approval letter, dated October 15, 2008 for CDP 08-06 8. Appeal Letters dated October 25, 2008 9. Aerial Photo with surrounding land uses & lot sizes 10. Exhibit "A" dated October 15, 2008 NOT TO SCALE SITEMAP Rhoades Minor Subdivision CDP 08-06 CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: Rhoades Minor Subdivision - CDP 08-06 LOCAL FACILITY MANAGEMENT ZONE: 20 GENERAL PLAN: RLM ZONING: R-l-7.500-0 DEVELOPER'S NAME: Glen Rhoades ADDRESS: 3594 Evening Canyon Rd. Oceanside, CA 92056 PHONE NO.: 760-692-4100 ASSESSOR'S PARCEL NO.: 215-070-39 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): .42 Acres ESTIMATED COMPLETION DATE: January 2009 A. City Administrative Facilities: Demand in Square Footage = 6.95 B. Library: Demand in Square Footage = 3.71 C. Wastewater Treatment Capacity (Calculate with J. Sewer) 2 EDU D. Park: Demand in Acreage = .01 E. Drainage: Demand in CFS = 20 Identify Drainage Basin = D (Identify master plan facilities on site plan) F. Circulation: Demand in ADT= 20 APT (Identify Trip Distribution on site plan) G. Fire: Served by Fire Station No. = 2 H. Open Space: Acreage Provided = N/A I. Schools: Carlsbad Unified Elementary = 0.300 Middle School = 0.115 High School = 0.0951 J. Sewer: Demands in EDU 2 EDU Identify Sub Basin = N/A K. Water: Demand in GPD = 440 L. The project is .66 units above the Growth Management Dwelling unit allowance and therefore .66 dwelling units will be withdrawn from the dwelling unit bank. BACKGROUND DATA SHEET CASE NO:CDP 08-06 CASE NAME: RHOADES MINOR SUBDIVISION APPLICANT: Hoffman Planning and Engineering REQUEST AND LOCATION: A Minor Coastal Development Permit to allow for the subdivision of a .42 acre single-family residential lot into two minimum 8,343 square foot single- family residential lots, including one panhandle lot located on the south side of Triton Street, east of Black Rail Road and south of Poinsettia Lane. LEGAL DESCRIPTION: Parcel 1 of Parcel Map No. 19411. in the City of Carlsbad. County of San Diego, State of California, according to map thereof filed in the office of the County Recorder of San Diego County, January 23, 2004. APN: 215-070-39 Acres: A2 Proposed No. of Lots/Units: 2 GENERAL PLAN AND ZONING Existing Land Use Designation: Residential Low-Medium (RLM) Proposed Land Use Designation: N/A Density Allowed: 5 DU/A Density Proposed: 4.76 DU/A Existing Zone: R-1-7.500-Q Proposed Zone: N/A Surrounding Zoning, General Plan and Land Use: General Plan Site North South East West R-l-Q R-l R-l-Q R-l-Q L-C RLM RLM RLM RLM RLM LOCAL COASTAL PROGRAM Current Land Use Vacant Single-Family Residence Vacant Single-Family Residence Single-Family Residence Coastal Zone: [X] Yes I I No Local Coastal Program Segment: Mello II Within Appeal Jurisdiction: | | Yes IXI No Coastal Development Permit: IXI Yes Q Local Coastal Program Amendment: I I Yes [X] No Existing LCP Land Use Designation: RLM Proposed LCP Land Use Designation: N/A Existing LCP Zone: R-l-O Proposed LCP Zone: N/A No Revised 01/06 PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 2 EDU ENVIRONMENTAL IMPACT ASSESSMENT EX] Categorical Exemption, Minor Land Division Article 19, Class 15, Section 15315 I I Negative Declaration, issued N/A I I Certified Environmental Impact Report, dated N/A D Other, N/A Revised 01/06 City of Carlsbad PJ .aruiin g_D e p ar tm e n t DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal,, Your project cannot be reviewed until this information is completed. Please print. Note: - ^.- , ' / ~ '-,'-. ^ f ' ^ - '- - Person is defined as "Any individual, firm, co-partnership,'joint Venture, association, social club, fraternal organization, corporation, estatertrust, receivej, syndicate, in this and any other,county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit-* Agents may, sign this document; however, the legal name and entity of the applicant and property owner must be provided below..,...,__.. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a Financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person, Title Corp/Part_ Title Address Address 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership' interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of ail individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Title Corp/Part_ Title ._ Address c>Address, 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us f 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust Title Title Address Address __ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? I I Yes X No If yes, please indicate person(s):_ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. ^L/i Signature of owner/date . Signature of applicant/date "K f[ Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date /-\x tint or type name of owner/applicant's agent H:ADMIN\COUNTER\OISCLOSURE STATEMENT 12/06 Page 2 Of 2 VINHOdnVO 'OVHSTHVDQiraisaovoHH ueuyoH FILE COPY City of CarisbadT"°'°s ————'•- m^p — ii - '""~Wtf**&PlMBBtMBMBttf'9i&9t&BW0tl*U^m^mamBm^^m&**ir*mi^m^^mim MINOR COASTAL DEVELOPMENT PERMIT NOTICE OF DECISION October 15, 2008 Hofman Planning & Engineering Attn: Michelle Alves 3152 Lionshead Avenue Carlsbad, CA 92010 SUBJECT: CDP 08-06 - RHOADES MINOR SUBDIVISION The Planning Director has completed a review of the application for a Minor Coastal Development Permit for a proposed minor subdivision of a .42 acre single-family residential lot, zoned R-1- 7,500, into two minimum 8,343 square foot single-family residential lots, including one panhandle lot, located on the south side of Triton Way, west of Black Rail Station Road and south of Poinsettia Lane within the Mello II Segment of the City's Local Coastal Program and within Local Facilities Management Zone 20 (APN 215-070-39). A notice was sent to property owners and occupants within a 100' radius of the subject property requesting comments regarding the above request. Comments were received within the 15 day noticing period (ending September 5, 2008) and a request for an Administrative Hearing was filed. On September 9, 2008, the Planning Department held an Administrative Hearing to consider said request. Public testimony was given. After careful consideration of the public testimony given at the Administrative Hearing, a review of the facts set forth in the application and a review of the application's consistency with the City's applicable Coastal Development Regulations (Chapters 21.201 - 21.205) as well as all other applicable City ordinances and policies, the Planning Director has determined that the project CDP 08-06 - Rhoades Minor Subdivision meets all the findings required for approval of a Minor Coastal Development Permit and therefore APPROVES this request based on the following findings and conditions: Findings: 1. That the total cost of the proposed development (subdivision of a .42 acre site into two lots) is less than $60,000. 2. That the proposed development requires no discretionary approvals other than a Minor Coastal Development Permit. 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 properties are not located adjacent to the shore and therefore the project will not interfere with the public's right to physical access to the ocean, nor are public recreation areas required of the project. 4. The project is not located in the Coastal Agricultural Overlay Zone, according to Map X of the Local Coastal Program Mello II Segment Land Use Plan, certified September 1990 and, 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ;DP 08-06 - RHOADES MINOR SUBDIVISION October 15, 2008 Page 2 therefore, is not subject to the provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning Ordinance). 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, Standard Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil erosion. No steep slopes or native vegetation is located on the subject property and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. 6. That the request for a Minor Coastal Development Permit was adequately noticed from August 15, 2008 to September 5, 2008, at least fifteen (15) working days before the date of this decision pursuant to Section 21.201.080(6) and (C) of the Carlsbad Coastal Development Regulations. 7. Two requests for an Administrative Hearing were received and an Administrative Hearing was held by the Planning Department on September 9,2008. 8. That the proposed development is in conformance with the Mello II Segment of the Certified Local Coastal Program and all applicable policies in that the site is designated and zoned for single-family residential development and the project consists of the minor subdivision of an existing R-1-7500 zoned single-family residential lot into two single- family residential lots with a minimum lot size of 8,343 sq. ft., including one panhandle lot. The development is consistent with the Mello II Land Use designation of Residential - Low Medium Density (RLM) as discussed below; no agricultural activities, sensitive resources, geological instability, flood hazard or vertical coastal access opportunities exists onsite and the development does not obstruct views of the coastline as seen from public lands or public right-of-way or otherwise damage the visual beauty of the coastal zone. 9. The Residential Low-Medium Density (RLM) Land Use designation allows residential development at a density range of 0 - 4.0 dwelling units per acre. The RLM Growth Management Control Point (GMCP) is 3.2 dwelling units per acre and is used for the purpose of calculating the City's compliance with Government Code Section 65863. The project site has a net developable acreage of .42 acres and at the RLM GMCP would allow 1.34 units. The proposed project's density is 4.76 dwelling units per acre which is above the GMCP of 3.2 dwelling units per acre and is also above the top of the RLM density range of 0-4 dwelling units per acre. However, there is a provision within the Land Use Element of the Carlsbad General Plan which specifies, "There are exceptional cases where the base zone is consistent with the land use designation but would permit a slightly higher yield than that recommended in the low and low- medium density residential classifications. In those exceptional cases, the City may find that the project is consistent with this element if: a) the project is compatible with the objectives, policies, general land uses and programs expressed herein, b) all of the necessary infrastructure is in place to support the project, and c) the proposed density does not exceed the maximum density allowed at the top of the range by more than an additional 25%." The proposed project satisfies the above stated findings as follows: a. The proposed project complies with the Land Use Element Section III: Goals, Objectives and Implementing Policies & Action Programs, Overall CDP 08-06 - RHOADES MINOR SUBDIVISION October 15, 2008 Page 3 Land Use Pattern (C.3), Growth Management & Public Facilities (C.1 & C.2) and Residential (A.1 & B.2). The project is a two lot subdivision for single- family residential use with adequate public facilities to serve the two future single-family residences. The surrounding area is developed with predominantly single-family residences on single family Jots with the same General Plan and zoning designations. The project is designed to preserve the single-family detached neighborhood atmosphere and community identity of the existing neighborhood while providing a variety of housing types and density ranges to meet the diverse economic and social requirements of residents. b. The project either incorporates the necessary infrastructure or is conditioned to provide it c. The maximum density of the RLM designation is 4 dwelling units/acre. The proposed project density is 4.76 dwelling units/acre, which is less than the additional 25% maximum density allowed {5 dwelling units/acre) above the top of the range. 10. That the project will provide sufficient additional public facilities, in the form of development fees, for the density in excess of the control point to ensure that the adequacy of the City's public facility plans will not be adversely impacted. 11. That there have been sufficient developments approved in the southwest quadrant at densities below the control point to offset the units in the project above the control point so that approval will not result in exceeding the quadrant limit. 12. 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 for the creation of a panhandle and a standard lot in terms of access, minimum lot size, lot width and setbacks. As discussed in #8 above, the proposed subdivision is consistent with the RLM General Plan Land Use designation. 13. The project is consistent with all City public facility policies and ordinances, and with Title 21 of the City's Municipal Code. 14. 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 the lot is arranged in such a way that access to the rear lot would not be possible without a panhandle configuration. . 15. That subdivision with a panhandle lot will not preclude or adversely affect the ability to provide full public street access to other properties within the same block of the subject property, in that adequate access exists to service both proposed lots and this access does not compromise access to any other lot within the same block. 16. That the buildable portion of the panhandle lot consists of 8;081 square feet, which meets the minimum requirement of 8,000 square feet minimum, Section 21.10.100(D)(1) of the Carlsbad Municipal Code. 17. That any panhandle lot hereby approved satisfies all the requirements of Section 21,10.100(0) of the Carlsbad Municipal Code in that: GDP 08-06 - RHOADES MINOR SUBDIVISION October 15, 2008 Page 4 a. The buildable area (8,081 sq. ft.) is greater than 8,000 square feet in an R-1-7,500 zone district permitting less than ten thousand square foot minimum lots; b. The width required for the buildable portion of the lot (80 ft.) is greater than sixty feet, which is required for lots located in the R-1-7,500 zone district; c. The yard requirements of the R-1-7,500 zone district shall be met for all future homes as required for interior lots; d. The length of the portion of the lot (90.23 ft.) fronting on a public street afforded access to the buildable lot is not greater than one hundred fifty feet; e. The width of the portion of the lot fronting on a public street has a width of twenty feet; f. The width of the improved driveway providing access from trie street to the parking area on the buildable lot for a single-family development is fourteen feet wide; g. Drainage from the lot will be channeled down the private access to a public street or special drainage, provided to the satisfaction of the city engineer, h. The panhandle lot has the capacity for having three nontandem parking spaces with an approach not less than twenty-four feet in length with proper turnaround space to permit complete turnaround for forward access to the street. The parking and access arrangement for all future homes will be designed to the satisfaction of the city engineer; i. Structures permitted in the access portion of the lot will be limited to mailboxes, fences, trash enclosures, landscape containers and nameplates. Except for mailboxes, the structures shall not be greater than forty-two inches in height if located within twenty feet of the street property line or greater than six feet in height beyond this point; and j. The property owner of such a lot shall agree to hold the city or any other public service agency harmless from liability for any damage to the driveway when being used to perform a public service. 18. That the front, side, and rear property lines of the buildable lot, for purposes of determining required yards, are shown on the approved tentative parcel map. 19. The property is not subject to a contract entered into pursuant to the Land Conservation act of 1965 (Williamson Act). 20. That the Planning Director 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; Is being subdivided into four or fewer parcels; no variances are needed for the subdivision; all services for the lots 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. 21. 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 installed to serve new development prior to or concurrent with need. Specifically, CDP 08-06 - RHOADES MINOR SUBDIVISION October 15, 2008 Page 5 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. 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. d. The Local Facilities Management fee for Zone 20 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 22. The Planning Director has reviewed each of the exactions imposed on the Developer contained in this Notice of Decision, 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 the approval of the Final Parcel Map. 1. Approval is granted for Minor Coastal Development Permit, CDP 08-06 for the project entitled Rhoades Minor Subdivision (Exhibit A), dated October 15, 2008, incorporated by reference and on file in the Planning Department. 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 Coastal Development Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor Coastal Development Permit 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. CDP 08-06 - RHOADES MINOR SUBDIVISION October 15, 2008 PaqeS 6. The 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, (b) City's approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby. 7. ' Prior to final map approval, the property owners shall enter into an agreement to hold the City or any other public service agency harmless from liability for any damage to the driveway when being used to perform a public service, subject to Planning Director and City Attorney approval. 8. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 9. Developer shall submit to the Planning Director a reproducible 24" x 36," Mylar copy of the Tentative Map reflecting the conditions approved by the final decision-making body. 10. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 20 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 11. This approval is granted subject to the approval of MS 08-03 and is subject to all conditions contained in the approval letter for MS 08-03 signed by the City of Carlsbad City Engineer incorporated herein by reference. 12. This approval shall become null and void if a Final Parcel Map is not recorded for this project within 24 months from the date of approval of MS 08-03. 13. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. 14. Prior to the approval 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, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Minor Coastal Development Permit and a Minor Subdivision 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 Assistant Planning Director 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. CDP 08-06 - RHOADES MINOR SUBDIVISION • October 15, 2008 Page? Standard Code Reminders: 15. 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. 16. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 17. 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, thet City Engineer for the proposed haul route. 18. The panhandle lot shall provide three nontandem parking spaces with an approach not less than twenty-four feet in length with proper turnaround space to permit complete turnaround for forward access to the street. The parking and access arrangement will be designed to the satisfaction of the city engineer. 19. Structures permitted in the access portion of the panhandle lot shall be limited to mailboxes, fences, trash enclosures, landscape containers and nameplates. Except for mailboxes, the structures shall not be greater than forty-two inches in height if located within twenty feet of the street property line or greater than six feet in height beyond this point. 20. Prior to final map approval, the property owners shall enter into an agreement to hold the City or any other public service agency harmless from liability for any damage to the driveway when being used to perform a public service, subject to Planning Director and City Attorney-approval. 21. The buildable portions of the panhandle lot shall include all portions of the lot that has a width of greater than thirty-five feet. 22. The front property line for Parcel 2 shall be defined as the westerly most property line of said parcel which runs perpendicular to Triton Way. Fees: 23. 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 20, 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. 24. Developer shalf pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. 25. 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. CDP 08-06 - RHOADES MINOR SUBDIVISION October 15, 2008 PaqeS NOTICE This decision may be appealed by you or any member of the public to the Planning Commission within ten 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 $613 (plus noticing costs). The filing of such appeal within such time limit shall stay the effective date of the order of the Planning Director 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 Shelley Esteybar at (760) 602- 4625. 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. CITY OF CARLSBAD 'GARY T. BARBER10 Assistant Planning Director GTB:SE:sm c: Chris DeCerbo, Team Leader Clyde Wickham, City Engineer File Copy Data Entry California Coastal Commission RECEIVED October 25, 2008 0C" 1 1 OF CARLSBAD t 0—Shelley Esteybar Assistant Planner RE: Tentative Parcel Map No. 08-02 Carlsbad City Officials: This letter is written on behalf of several residents in the area of the referenced project We disapprove of the proposed minor sub division of this parcel. This letter shall serve as our request of appeal to the planning commission, and wish to have our comments heard. Also enclosed is the fee required for the appeal process. Please contact the following residents for any additional information required. Sincerely, Rick and Kristen Conner 6575 Black Rail Road Carlsbad, CA 92011 E-Mail: rconner@ci.san-marcos.ca.us Cell # 760-594-6300 Sha-Li Lin Mailing address on file E-Mail: shalilin@vahoo.com Home: 1-847-945-0007 William and Candice Lynn 6585 Black Rail Road Carlsbad, CA 92011 No E-Mail 760-931-2793 October 25, 2008 To: DonNeu RECEIVED Planning Dept. Director - _ . . OCT292QG8Gary Barbeno Assistant Planning Director CITY OF CARLSBAD Shelley Esteybar PUNNING DEPT Assistant Planner Subject! CDP 08-06 RHOADES MINOR SUBDIVISION IThis letter is to inform you that we reviewed your Notice of Decision 'letter dated October 15, 2008 and decided to appeal to Planning Commission based on, but not limited to, the following reasons: 1. The proposed subdivision is not compatible with the rest of the neighborhood. 2. The proposed subdivision is not in line with the General Plan of Carlsbad. The general plan uses descriptions such as orderly, functionally efficient, aesthetically pleasing, compatible, or in harmony with neighborhood and states that site design should be "indicated by the harmony of proposed buildings in terms of site, height and location, with respect to the existing neighborhood development." 3. The proposed panhandle lot is not consistent with designs of other panhandle lots in the area. 4. The project density is too high. 5. The following issues have been brought to the Engineering department's attention, but are still not listed on the approval letter. Does this plan really meet the Storm Water Management Plan (SWMP) for MS 01-04? There are several storm water management issues, including but not limited to a. an increase to the amount of impervious area b. increase of water runoff due to proposed grading c. cross-lot drainage d. does not exhibit low impact design 6. Inaccurate calculation of buildable square footage. This letter serves as our request of appeal to the planning commission and we wish our voices be heard. Please note the required fee for the appeal process has been hand delivered to the City of Carlsbad. If questions arise, please contact us. Sincerely, Rick & Kristen Conner 6575 Black Rail Road Carlsbad, CA 92011 Sha-Li & Lawrence Lin 2565 Riverwoods Road, Riverwoods, IL 60015 William & Candice Lynn 6585 Black Rail Road Carlsbad, CA 92011 Lot* 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2.1 22 23 24 25 26 27 28 Lot Size (Acres) 0.23 0.19 0.20 0.22 0.24 0.18 0.21 0.30 0.34 0.17 0.20 0.64 0.51 1.64 0.42 0.36 0.36 0.35 0.24 0.39 0.27 0.30 0.37 0.27 0.26 0.27 0.25 0.23 Lot Size (Square Feet) 9,898.00 8,248.00 8,554.00 9,431.00 10,284.00 7,687.00 8,947.00 12,965.00 14,772.00 7,596.00 8,589.00 27,878.40 22,215.60 71,438.40 18,189.00 15,651.00 15,752.00 15,435.00 10,417.00 17,186.00 11,730.00 13,242.00 11,894.00 11,894.22 11,220.46 11,781.99 10,777.16 10,027.47 Land Use Designation RiLM RLM BLM RLM RLM RLM RLM RLM RLM RLM RLM RLM RLM RLM RLM RLM RLM RLM RLM RLM RLM RLM RLM RLM RLM RLM RLM RLM Zone R*1-7,500 R-1 -7,500 R-1 -7,500 R-1-7,500 R-1-7,500 R-1-7,500 R-1-7,500 R-1-7,500 R-1-7,500 R-1-7,500 R-1-7,500 R-1-7.500-Q R-1-7,500-Q R-1-7.500-Q R-1-7.500-Q R-1-7,500-0 R-1-7.500-Q R-1-7.500-Q R-1-7.500-Q R-1-7.500-Q R-1>-7,500-Q R-1-7.500-Q R-1-7,500-0 R-1-7,500 R-1-7,500 R-1-7,500 R-1-7,500 R-1-7,500 Average Minimum Maximum 0.34 0.17 1.64 14,775.03 7,596.00 71,438.40