HomeMy WebLinkAboutMS 2023-0006; YEOMANS TPM; Admin Decision LetterMarch 21, 2024
Ccityof
Carlsbad
Peter Riechers
Riechers Engineering
5 Canopy Lane
Napa, CA 94558
SUBJECT: MS 2023-0006 (DEV2023-0138) -YEOMANS TPM -Request for approval of a Minor
Subdivision of one 27,128-square-foot lot located at 4378 Tuolumne Place into two lots
as allowed pursuant to Assembly Bill 9 (SB-9), otherwise known as an urban lot split. The
resulting lots will be 16,277 square feet (Parcel A) and 10,851 square feet (Parcel B) in
size. The existing 2,230-square-foot single-family dwelling on the larger parcel (Parcel A)
will be retained. Access to Parcel A is provided by Tuolumne Place and access to Parcel B
will be provided by Tiburon Avenue.
Dear Peter Riechers,
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
0.62-acre lot into two separate legal lots located at 4378 Tuolumne Place (APN: 167-563-26-
00). A notice was sent to property owners within a 300-foot radius of the subject property
requesting comments regarding the above request. No comments were received within the ten-
day notice period (ending on March 8, 2024). 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, 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 O -4 dwelling units per acre
General Plan Land Use designation allows for single-family homes on individual lots. The
proposed parcels comply with the requirements of California Government Code Section
66411.7, 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 east and west are also designated for Residential, 0-4 dwelling
units per acre in the General Plan and are developed with single-family homes.
Community Development Department
1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-5088 t
MS 2023-0006 (DEV2023-0138} -YEOMANS TPM
March 21, 2024
Page 2
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.
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 design of the subdivision provides, to the extent feasible, for future passive or
natural heating or cooling opportunities in the subdivision, in that the lots provide ample
area to take advantage of prevailing breezes and allow for passive or natural solar heating
and cooling 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 service needs 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 unit.
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 27,128 square feet and the two lots after the subdivision are 16,277 square feet and
10,851 square feet. The smaller of the two parcels proposed is 10,851 square feet, or 40%
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 16,277 square feet and 10,851 square feet.
MS 2023-0006 (DEV2023-0138} -YEOMANS TPM
March 21, 2024
Page 3
12. That the parcel being subdivided meets all the following 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 dwellings.
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 United States Census Bureau, in that the parcel is located within
the city of Carlsbad, an urbanized area.
c. That the parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive,
of paragraph (6) of subdivision (a) of Section 65913.4, in that the parcel is not located on
a site that is either prime farmland or farmland 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 chance flood (100-year flood), within a regulatory floodway, lands
identified for conservation, habitat for protected species, or lands under conservation
easement.
d. That the proposed urban lot split would not require demolition or alteration of any of the
following types of housing:
i. Housing that is subject to a recorded covenant, 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 exercise 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 not been established through prior exercise of an urban lot split as
provided for in California Government Code 66411.7.
MS 2023-0006 (DEV2023-0138) -YEOMANS TPM
March 21, 2024
Page4
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 Tentative Parcel Map (MS 2023-0006).
1. Approval is granted for MS 2023-0006 as shown on Exhibits "A" -"B" dated March 21, 2024,
on file in the Planning Division and incorporated herein by reference. Development shall
occur substantially as shown unless otherwise noted in these conditions.
2. If any of the following conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so implemented
and maintained according to their terms, the City shall have the right to revoke or modify all
approvals herein granted; deny or further condition issuance of all future building permits;
deny, revoke, or further condition all certificates of occupancy issued under the authority of
approvals herein granted; record a notice of violation on the property title; institute and
prosecute litigation to compel their compliance with said conditions or seek damages for their
violation. No vested rights are gained by Developer or a successor in interest by the City's
approval of this Minor 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 the approved Exhibits. Any proposed development, different from
this approval, shall require an amendment to this approval.
4. 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.
MS 2023-0006 (DEV2023-0138) -YEOMANS TPM
March 21, 2024
Page 5
6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney's fees incurred by the City arising, directly or
indirectly, from (a) City's approval and issuance of this Minor Subdivision, (b) City's approval
or issuance of any permit or action, whether discretionary or nondiscretionary, in connection
with the use contemplated herein, and (c) Developer/Operator's installation and operation
of the facility permitted hereby, including without limitation, any and all liabilities arising from
the emission by the facility of electromagnetic fields or other energy waves or emissions. This
obligation survives until all legal proceedings have been concluded and continues even if the
City's approval is not validated.
7. Prior to final parcel map, the Developer shall provide proof to the City Planner from the
Carlsbad Unified School District that this project has satisfied its obligation to provide school
facilities.
8. Prior to the approval of the 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, to the
satisfaction of the City Planner.
9. Prior to the recordation of the associated Parcel Map (MS 2023-0006), 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 2023-0006), 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 2023-0006) 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.
10. 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.
11. This project approval becomes null and void upon the expiration or withdrawal of Minor
Subdivision MS 2023-0006.
12. This approval shall become null and void if the Parcel Map is not recorded for this project
within 24 months from the date of project approval.
MS 2023-0006 (DEV2023-0138) -YEOMANS TPM
March 21, 2024
Page 6
Engineering:
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the
approval of this proposed subdivision, must be met prior to approval of a parcel map, building or
grading permit whichever occurs first.
General
13. 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.
14. Developer shall prepare, submit, and process for city engineer approval a parcel map to subdivide
this project. There shall be one parcel Map recorded for this project. Developer shall pay the city
standard map review plan check fees.
15. 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.
Storm Water Quality
16. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include but
are not limited to pollution control practices or devices, erosion control to prevent silt runoff
during construction, general housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices or devices to prevent
or reduce the discharge of pollutants to stormwater, receiving water or stormwater
conveyance system to the maximum extent practicable. Developer shall notify prospective
owners and tenants of the above requirements.
17. Developer shall complete and submit to the city engineer a Determination of Project's SWPPP
Tier Level and Construction Threat Level Form pursuant to City Engineering Standards.
Developer shall also submit the appropriate Tier level Storm Water Compliance form and
appropriate Tier level Storm Water Pollution Prevention Plan {SWPPP) to the satisfaction of
the city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees
per the city's latest fee schedule.
18. Developer is responsible to ensure that all final design plans (grading plans, improvement
plans, landscape plans, building plans, etc.) incorporate all source control, site design,
pollutant control BMP and applicable hydromodification measures.
MS 2023-0006 (DEV2023-0138) -YEOMANS TPM
March 21, 2024
Page 7
19. 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.
Dedications/Improvements
20. Developer shall cause owner to submit to the city engineer for recordation a covenant of
easement for private drainage purposes as shown on the tentative parcel map. Developer
shall pay processing fees per the city's latest fee schedule.
21. Prior to any work in city right-of-way or public easements, Developer shall apply for and obtain a right-
of-way permit to the satisfaction of the city engineer.
22. Developer shall prepare and process public improvement plans and, prior to city engineer approval of
said plans, shall execute a city standard Subdivision Improvement Agreement to install and shall post
security in accordance with C.M.C. Section 20.16.070 for public improvements shown on the tentative
parcel map. Said improvements shall be installed to city standards to the satisfaction of the city
engineer. These improvements include, but are not limited to:
a. Driveway
b. Sewer Service
c. Water Service, Meter and Backflow
Additional public improvements required in other conditions of this resolution are hereby included in the
above list by reference. Developer shall pay the standard improvement plan check and inspection fees in
accordance with the fee schedule. Improvements listed above shall be constructed within 36 months of
approval of the subdivision or development improvement agreement or such other time as provided in
said agreement.
23. Developer is responsible to ensure utility transformers or raised water backflow preventers that serve
this development are located outside the right-of-way as shown on the tentative parcel map and to
the satisfaction of the city engineer. These facilities shall be constructed within the property.
Non-Mapping Notes
24. 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 Parcel Map. These improvements include, but
are not limited to:
i. Driveway
ii. Sewer Service
iii. Water Service, Meter and Backflow
MS 2023-0006 (DEV2023-0138) -YEOMANS TPM
March 21, 2024
Page 8
Utilities
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. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted
to encroach within the area identified as a sight distance corridor as defined by City of
Carlsbad Engineering Standards or line-of-sight per Caltrans standards.
d. The owner of this property on behalf of itself and all of its successors in interest has
agreed to hold harmless and indemnify the City of Carlsbad from any action that may
arise through any diversion of waters, the alteration of the normal flow of surface waters
or drainage, or the concentration of surface waters or drainage from the drainage system
or other improvements identified in the city approved development plans; or by the
design, construction or maintenance of the drainage system or other improvements
identified in the city approved development plans.
e. There are no public park or recreational facilities to be located in whole or in part within
this subdivision. The subdivider is therefore obligated to pay park-in-lieu fees in
accordance with section 20.44.050 of the Carlsbad Municipal Code and has either paid
all of said park in-lieu fees or agreed to pay all of said park-in-lieu fees in accordance with
section 20.16.070 of the Carlsbad Municipal Code.
25. 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.
26. Developer shall design and agree to construct public facilities within public right-of-way or within
minimum 20-foot-wide easements granted to the district or the City of Carlsbad. At the discretion of
the district or city engineer, wider easements may be required for adequate maintenance, access
and/or joint utility purposes.
27. 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.
28. Developer shall install potable water and/or recycled water services and meters at locations approved
by the district engineer. The locations of said services shall be reflected on public improvement plans.
29. The developer shall agree to install sewer laterals and clean-outs at locations approved by the city
engineer. The locations of sewer laterals shall be reflected on public improvement plans.
MS 2023-0006 (DEV2023-0138) -YEOMANS TPM
March 21, 2024
Page 9
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
30. 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.
31. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of
the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area
contained in the staff report and shown on the Tentative Parcel Map are for planning purposes only.
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."
You have 90 days from the date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a) and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow
that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul
their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other
similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute
of limitations has previously otherwise expired.
If you have any questions regarding this matter, please feel free to contact Megan McElfish at
(442) 339-5153 or by email at megan.mcelfish@carlsbadca.gov.
Sincerely,
CLIFF JONES
Principal Planner
O:MM:mh
cc: Chris Yeomans, 4378 Tuolumne Place, Carlsbad, CA 92010
Nichole Fine, Project Engineer
Eric Lardy, City Planner ·
Laserfiche/File Copy
Data Entry