HomeMy WebLinkAboutMS 2022-0003; 1098 MAGNOLIA AVE. - SB-9 SUBDIVISION; Admin Decision LetterC_ City of
Carlsbad
November 23, 2022 BFILE COPY
Mehrdad Dokhanchy
1098 Magnoli a Ave.
Carlsbad, CA 92008
SUBJECT: MS 2022-0003 (DEV2022-0112) -1098 MAGNOLIA AVE. -SB-9 SUBDIVISION -Requ est
for approval of a Minor Subdivision of on e 15,969-squ are-foot lot into t wo lots as allowed
by Asse mbly Bill 9 (SB-9 ), otherwise known as an urban lot split. Th e resulting lots will be
8,040 square feet and 7,929 squ are feet in area . The subdivision will facilitate the creation
of a second single-unit dwelling on the newly created vacant lot, resulting in two single-
unit dwellings on two lots. Each of the two lots retain the ability to add one additional
single-unit dwelling (consistent with SB-9 provisions) OR add·one acce ssory dwelling unit.
The existing single-unit dwelling on the project site will be retained.
Dear Mehrdad Dokhanchy,
The City Planner has completed a review of your application for a Minor Subdivision in compliance with
Assembly Bill 9 (SB-9), otherwise known as an urban lot split, to subdivide a 0.37-acre lot into two
separate legal lots located at 1098 Magnolia Avenue. A notice was sent to property owners within a 300-
foot radius of the sub]ect property requesting comments regarding the above request. No comments
were received within the ten-day notice period (ending on October 17, 2021). After careful consideration
of the circumstances surrounding this request, the City Planner has made a decision pursuant to Section
20.24.120 of the City of Carlsbad Municipal Code and California Government Code 66411.7 to APPROVE
this request based on the following findings and subject to the conditions listed below.
Findings:
1. 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-4, Residential 0 -4 dwelling units per acre, General Plan
Land Use designation allows for single-family homes on individual lot_s. The parcels being created
meet the requirements of California Government Code Section 66411.7 as well as any any
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code and the State Subdivision
Map Act.
2. That the proposed project is compatible with the surrounding future land uses in that the adjacent
properties to the north and west are also designated for Residential at 0-4 dwelling units per acre
in the General Plan, and the subject property will retain the existing single-family residence and is
bordered by existing single-family homes to the north and west.
3. 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 the requirements of California Government Code Section 66411.7.
Community Development Department
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov
MS 2022-0003 (D EV2022-0112) -1098 MAGNOLIA AVE. -SB-9 SUBDIVSIO N
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4. That the design of the subdivision or the type of improvements will not conflict with easements of
record or easements established by court judgment, or acquired by the public at large, for access
through or use of property within the proposed subdivision, in that the developer will delineate and
preserve on the tentative parcel map all existing easements of record.
5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of
1965 (Williamson Act).
6. That the des ign of t he subdivision provides, to the extent feasible, for future passive or natural heating
or cooling opportunities in the subdivision, in t hat the lots provide ample area to take advantage of
prevailing breezes and allow for passive or natural solar heating and coo ling opportunities for the
future dwelling unit.
7. 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 se rvice ne eds
of the City and available fiscal and environmental resources in that the lots can be adequately served
by existing public services and the project has been conditioned to pay inclusionary housing in-lieu
fees for one un it.
8. 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.
9. 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.
10. That the parcel map subdivides an . existing parcel to create no more than two new parcels of
approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot
area of the original parcel proposed for subdivision, in that the parcel to be subdivided is 15,969
square feet and the two lots after the subdivision are 8,040 square feet and 7,929 square feet. The
smaller of the two parcels proposed is 7,929 square feet, or 49.7% of the lot area of the original
parcel.
11. That both newly created parcels are no smaller than 1,200 square feet in that the two lots after the
subdivision are 8,040 square feet and 7,929 square feet.
12. That the parcel being subdivided meets all the foll.owing requirements:
a. That the parcel is located within a single-family residential zone, in that the parcel is located in
the One-Family Residential (R-1) Zone, which allows one-family dwelling use.
b. That the parcel subject to the proposed urban lot split is located within a city, the boundaries of
which include some portion of either an urbanized area or urban cluster, as designated by the
MS 2022-0003 (DEV2022-0112) -1098 MAGNOLIA AVE. -SB-9 SUBDIVSION
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United States Census Bureau, in that the parcel is located within the City of Ca rlsbad, an
urbanized area.
c. That the parcel satisfies the requirements specified in subparagraphs (B) to (I(), inclusive, of
paragraph (6) of subd ivision (a) of Section 65913.4, in that the parce l is not located on a site that
is either prime farm land or farm land of statewide importance, wetlands, within a very high fire
hazard severity zone, a listed hazardous waste site, within a delineated earthquake fault zone,
within a special flood hazard area subject to inundation by the one percent annual cha nce flood
(100-year flood), within a regulatory floodway, lands identified for conservation, habitat for
protected species, or lands under co nservation easement.
d. That the proposed urban lot split would not require demoli tion or alteration of any of the
following types of housing:
i. Housing that is subject to a recorded covena nt, ordinance, or law that restricts rents to levels
affordable to persons and families of moderate, low, or very low income.
ii . Housing that is subject to any form of rent or price control through a public entity's valid
exerci se of its police power.
iii. A parcel or parcels on which an owner of residential real property has exercised the owner's
rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to
withdraw accommodations from rent or lease within 15 years before the date that the
development proponent submits an application.
iv. Housing that has been occupied by a tenant in the last three years.
13. That the parcel is not located within a historic district or property included on the State Historic
Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that
is designated or listed as a city or county landmark or historic property or district pursuant to a city or
county ordinance.
14. That the parcel has riot been established through prior exercise of an urban lot split as provided for in
California Government Code 66411.7.
15. That neither the owner of the parcel being subdivided nor any person acting in concert with the owner
has previously subdivided an adjacent parcel using an urban lot split as provided for in this section.
16. That the City Planner has determined that the project is not subject to the provisions of the California
Environmental Quality Act (CEQA), in that the approval of a subdivision pursuant to California
Government Code 66411.7 is a ministerial action.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of the
associated Tentative Parcel Map (MS 2022-0003).
1. Approval is granted for MS 2022-0003 as shown on Exhibit "A" Through "B" dated October 27, 2022,
on file in the Planning Division and incorporated herein by reference. Development shall occur
substantially as shown unless otherwise noted in these conditions.
MS 2022-0003 (D EV2022-0112) -1098 MAGNOLIA AVE. -SB-9 SUBDIVSION
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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 co ndition issuance of all future bu ilding 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
cond itions 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 Subdivision.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the 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 t he approved Exh ibits. Any proposed development, different from this approval, shall require an
amendment to this approval.
4. Prior to final parce l map, the Developer shall provide proof to the City Pl anner from the Carlsbad
Unified School Dis.trict t hat this project has satisfied its obligation to provide school facilities.
5. Prior to the approval of a final map, t he 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.
6. Prior to the recordation of the associated Parcel Map (MS 2022-0003), Developer shall submit to the
City a Notice of Restriction to be filed in the office of the County Recorder, and an affidavit stating
that the applicant intends to occupy one of the housing units as their principal residence for a
minimum of three years from the date of the approval of the Parcel Map {MS 2022-0003), 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 Subdivision {MS 2022-0003) pursuant to California
Government Code 66411;7, otherwise known as an urban lot split 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 by
California Government Code 66411.7 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.
7. Developer shall pay park-in-lieu fees to the city, prior to the recordation of the parcel map as required
by Chapter 20.44 of the Carlsbad Municipal Code.
8. Prior to final Parcel Map, the developer shall submit one (1) copy of a compliance inspection
performed on the property by the Building Division.
9. This project approval becomes null and void upon the expiration or withdrawal of Minor Subdivision
MS 2022-0003.
10. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations
in effect at the time of building permit issuance.
MS 2022-0003 (DEV2022-0112} -1098 MAGNOLIA AVE. -SB-9 SUBD IVSION
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11. If any condition for construction of any public improvements or facilities, or the payment of any fees
in-li eu 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 approva l shall be invalid unless the City Council determines that the
project without the condition compli es with all requirements of law.
12. Developer/Operator sha ll 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 liabi lities, 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 Subdivision, (b) City's approva l or iss uance of any permit or action, whether
discretionary or nondiscretionary, in connection with the use contemplated herein, and
(c) Develo per/Operator's installation and operation of the faci lity permitted hereby, including without
limitation, any and all liab ilities arising from the em ission by the faci lity of electromagnetic fields or
other energy waves or em issions. This obligation survives until all lega l proceedings have been
concluded and continues even if t he City's approval is not validated.
13. This approval shall become null and void if t he Parcel Map is not recorded for this project within 24
months from t he date of project approval.
Engin eering:
General
14. Prior to hauling dirt or construction materials to or from any proposed construction site within this
project, developer shall apply for and obtain approval from, the city engineer for the proposed haul
route.
15. This project is approved upon the express condition that building permits will not be issued for the
development of the subject property, unless the district engineer has determined that adequate
water and sewer facilities are available at the time of permit issuance and will continue to be
available until time of occupancy.
16. Developer shall include rain gutters on the building plans subject to the city engineer's review and
approval. Developer shall install rain gutters in accordance with said plans.
17. 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 thls project. Developer shall pay the city
standard map review plan check fees.
18. 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.
19. Property owner shall maintain all landscaping (street trees, shrubs, groundcover, etc.) and irrigation
along the parkway frontage with Magnolia Avenue and Adams Street as shown on the Tentative
Map.
MS 2022-0003 (DEV2022-0112) -1098 MAGNOLIA AVE. -SB-9 SUBD IVSION
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Fees/ Agreements
20. 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.
21. Developer shall cause property owner to execute and submit to the city engineer for recordation the
city's sta ndard form Dra inage Hold Harmless Agreement ..
Grading
22. Based upon a review of the proposed grading arid the grading quantities shown on the tentative map
a grading permit for this project is required . Developer shall prepare and subm it plans and technical
studies/reports as required by city engineer, post sec urity and pay all applicab le grading plan review
and permit fees per the city's latest fee schedu le.
23. Prior to issuance of the grading permit; the contractor shall submit a Construction Plan to the city
engineer for review and approval. Said Plan may be required to include, but not be limited to,
identifying the location of the construction trailer, material staging, bathroom facilities, parking of
construction vehicl es, employee parking, construction fencing and gates, obtaining any necessary
permission for off-site encroachment, addressing pedestrian safety, and identifying time restrictions
for various construction activities.
Sto rm Water Quality
24. Developer shall comply with the city's Stormwater Regulations, latest version, and shal l 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.
25. 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 shal l pay
all applicable SWPPP plan review and inspection fees per the city's latest fee schedule.
26. 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.
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Dedications/Improvements
27. 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.
28. 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 t he city engineer.
29. Deve loper shall design all proposed publi c im provements including but not limited to storm drain
outlets, water meter, dry utilities, sidewalk, ac grind and overlay and driveway as shown on the
tentative map. These improvements shall be shown on one of the following, subject to city engineer
approval:
a. Grading plans processed in conjunction with t his project; or
b. Construction Revision to an existing record public improvement drawing
Developer shall pay plan check and inspection fees using improvement valuations in accorda nce with
the city's current fee schedule. Developer shall apply for and obtain a right-of-way permit prior to
performing work in the city right-of-way.
Non-Mapping Notes
30. 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) AC Grind & Overlay
2) Driveway
3) Sidewalk
4) Storm Drain Outlets
5) Water Meter
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. Geotechnical 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
MS 2022-0003 (D EV2022-0112) -1098 MAGNOLIA AVE. -SB-9 SUBDIVSION
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encroach within the area identified as a sight distance corridor as defined by City of Carlsbad
Engineering Standards or line-of-s ight pe·r Caltrans standards.
e. The owner of this property on behalf of itse lf and all of its successors in interest has agreed to
hold harmless and in demnify t he City of Carlsbad from any action that may ari se t hrough 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 dra in age system or other improvements identified in the city approved
development plans.
f. There are no publi c park or recreational facilities to be located in whole or in part w ithin t his
subdivision. The subdivider is therefore obligated to pay park-in-li eu fees in accordance w it h
section 20.44.050 of the Carlsbad Municipal Code and h_as either paid all of sa id park in -lieu fees
or agreed to pay all of sa id park-in-lieu fees in accordance with section 20.16.070 of the
Carlsbad Municipal Code.
Utilities
31. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows, fire
hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed,
shall be considered public improvements and shall be served by public water mains to the satisfaction
of the district engineer.
32. Developer shall design and agree to construct public facili~ies 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.
33. The developer shall agree to design landscape and irrigation plans utilizing recycled water as a source
and prepare and submit a colored recycled water use map to the Planning Department for processing
and approval by the district engineer.
34. The developer shall design and agree to construct public water facilities substantially as shown on the
tentative map to the satisfaction of the district engineer and city engineer.
35. Developer is responsible to ensure all existing overhead utilities servicing the subject property are to.
be to the satisfaction of the city engineer. No new or relocated utility poles are allowed.
Code Reminders
· The project is subject to all applicable provisions of local ordinances, including but not limited to the
· following:·
1. 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.
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2. Some improvements shown on the tentative map and/or required by these conditions are located
offsite on property which neither the city nor the owner has sufficient title or interest to permit the
improvements to be made without acquisition of title or interest. The developer shall immediately
initiate negotiations t o acquire such property. The developer shall use its best effort s to effectuate
negotiated acquisition. If unsuccessful, deve loper shall demonstrate to the city engineer _its best
efforts, and comp ly with the requirements of the Ca rlsbad Municipal Code Section 20.16.095 to notify
and enabl e the city to successfully acquire sa id property by condemnation.
3. Deve lo per shall pay traffic impact and sewe r impact fees based on Section 18.42 and Section 13.10 of
the City of Car lsbad Municipal Code, respectively. Th e Average Daily Trips (ADT) and floor area
contained in the staff report and shown on the tentative map are for planning purposes only.
4. Subdivider shall comply with Section 20.16.040(d) of the Carlsbad Municipal Code regarding the
undergrounding of existing overhead utilities.
MS 2022-0003 (DEV2022-0112) -1098 MAGNOLIA AVE. -SB-9 SUBD IVSION
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NOTICE
Pl ease take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter co ll ectively referred to for conven ience as "fees/exactions."
You have 90 days from t he 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 process ing in accordance
with Carlsbad Municipa l Code Section 3.32.030, Failure to timely follow that procedure w ill bar any
subseq uent legal action to attack, review, set aside, void, or annul t heir imposit ion .
Yo u are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer conn ection fees and capacity charges, nor plann in g, zoning, grading or other
sim ilar application pro cessing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTI CE similar to this, or as to which the stat ute
of limitations has previously otherwise ex pired.
If you have any questions regardin g t his matter, please feel free t o contact Kyle Van Leeuwen at (442)
339-2611 or by email at kyle.van leeu w en@ca rl sba dca .gov.
Sincerely,
.VVC~ t CLIFF JONES
Principal Planner
CJ:l<VL
c: Nichole Fine, Project Engineer
Eric Lardy, City Planner
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