HomeMy WebLinkAboutMS 13-04; Parker Residence; Minor Subdivision (MS),, (~CARLSBAD
Community & Economic Development
August 14, 2013
Raab Rydeen
Terramar Consulting Engineers
2888 Loker Avenue East, Suite 303
Carlsbad, CA 92010
www.carlsbadca.gov
SUBJECT: TENTATIVE PARCEL MAP-MS 13-04-PARKER RESIDENCE-Request for approval of
Tentative Parcel Map MS 13-04 to subdivide an existing .99 acre parcel into two parcels approximately
.58 and .41 acre in size at 3215 Maezel Lane, in the R-1 Zone and in Local Facilities Management Zone 1.
Dear Mr. Rydeen,
The City Planner has completed a review of the application for a tentative parcel map located at 3215
Maezel Lane. The existing lot contains one single-family home and the subdivision will create two
residentially zoned parcels with the existing home being preserved on one of the two parcels. The
second parcel would be available for the construction of one single-family home under the current R-1
zoning designation.
The City Planner has made a decision pursuant to Section 20.24.120 of the City of Carlsbad Municipal
Code to approve this tentative parcel map based on the findings and subject to the conditions listed
below.
Findings:
1. That the City Planner has determined that the project is exempt from the requirements of the
California Environmental Quality Act (CEQA) per Section 15315 (Minor Land Division) of the
State CEQA Guidelines and will not have any adverse significant impact on the environment in
that the property is in an urbanized area; zoned for residential; 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.
2. 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 RLM General Plan Land Use
designation allows for residential one-family lots. The lots being created satisfy all minimum
requirements of Titles 20 and 21 regarding lot sizes and configuration and have been designed
to comply with all other applicable regulations.
· Planning Division ·
~·'--~~-------------------------------------------~ 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559
MS 13-04-PARKER RESIDENCE
August 14, 2013
Page 2
3. That the proposed project is compatible with the surrounding future land uses since
surrounding properties also are designated for Residential low-Medium (RlM) density
development on the General Plan, in that the subject property is surrounded by existing single-
family homes and is currently developed with one single-family home. The creation of a
second lot would provide for one additional single-family home which would result in a
project density (2.02 dwelling units per acre (du/ac)) which is within the density range allowed
by the RlM designation (0-4 du/ac).
4. That the site is physically suitable for the type and density of the development since the site is
adequate in size and shape to accommodate residential development at the density proposed,
in that the proposed subdivision meets all development standards and design criteria required
by the R-1 zone for the creation of two standard lots including but not limited to requirements
for access, minimum lot size, lot width and setbacks.
5. That the design of the subdivision or the type of improvements will not conflict with easements
of record or easements established by court judgment, or acquired by the public at large, for
access through or use of property within the proposed subdivision, in that the developer has
delineated and preserved on the parcel map, all existing easements of record.
6. That the property is not subject to a contract entered into pursuant to the land Conservation
Act of 1965 (Williamson Act).
7. 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 structures are oriented to take
advantage of shade from existing trees on the property, as well as the large lots provide
ample space between structures to take advantage of prevailing breezes.
8. That the City Planner has considered, in connection with the housing proposed by this
subdivision, the housing needs of the region, and balanced those housing needs against the
public service needs of the City and available fiscal and environmental resources and the project
has been conditioned to pay housing in-lieu fees.
9. 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 does not contain any significant habitat and no significant
wildlife or habitat will be impacted by the project.
10. That the discharge of waste from the subdivision will not result in violation of existing California
Regional Water Quality Control Board requirements, in that the project has been designed in
accordance with the Best Management Practices for water quality protection in accordance
with the City's sewer and drainage standards and· the project is conditioned to comply with
the National Pollutant Discharge Elimination System (NPDES) requirements.
11. That the City Planner finds that the project, as conditioned herein, is in conformance with the
City's General Plan in that the subject property is designated RlM (0-4 dwelling units per acre
(du/ac) with a 3.2 du/ac Growth Management Control Point density). The property has a net
MS 13-04-PARKER RESIDENCE
August 14, 2013
Page 3
area of 43,017 square feet (.99 acre) and at the RLM Growth Management Control Point, 3.16
dwelling units are allowed. The project's proposed density of 2.02 du/ac is below the Growth
Management Control Point density (3.2 du/ac) used for the purposes of calculating the City's
compliance with Government Code Section 65863. However, consistent with Program 3.2 of
the City's certified Housing Element, all of the dwelling units, which were anticipated toward
achieving the City's share of the regional housing needs that are not utilized by developers in
approved projects, will be deposited in the City's Excess Dwelling Unit Bank. This project will
deposit 1.18 dwelling units into the Excess Dwelling Unit Bank and the excess dwelling units
are then available for allocation to other projects. Accordingly, there is no net loss of
residential unit capacity and there are ad~quate properties identified in the Housing Element
allowing residential development with a unit capacity, including second dwelling units,
adequate to satisfy the City's share of the regional housing need. The project has been
conditioned to pay an affordable housing in-lieu fee in order to provide their proportionate
share of affordable housing.
12. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 1 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,
a. The project has been conditioned to provide proof from the Carlsbad 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.
13. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
14. The City Planner has reviewed each of the exactions imposed on the Developer contained in this
resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts
caused by or reasonably related to the project, and the extent and the degree of the exaction is
in rough proportionality to the impact caused by the project.
CONDITIONS:
Note: Unless specifically stated in the condition, all of the following conditions, upon the approval of
this tentative parcel map, must be met prior to approval of a final parcel map, building permit, or
grading permit, whichever is first.
MS 13c04-PARKER RESIDENCE
August 14, 2013
Page4
Planning
1. 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 Tentative
Parcel Map.
2. Approval is granted forMS 13-04 as shown on Exhibits "A"-"B", dated August 14, 2013, on file
in the Planning Division and incorporated herein by reference. Development shall occur
substantially as shown unless otherwise noted in these conditions.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Tentative Parcel Map documents, as necessary to make them internally
consistent and in conformity with the final action on the project. Development shall occur
substantially as shown on the approved Exhibits. Any proposed development, different from
this approval, shall require an amendment to this approval.
4. 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.
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) Citls approval and issuance of this Tentative Parcel Map , (b) City's approval or
issuance of any permit or action, whether discretionary or nondiscretionary, in connection with
the use contemplated herein, and (c) Developer/Operator's installation and operation of the
facility permitted hereby, including without limitation, any and all liabilities arising from the
emission by the facility of electromagnetic fields or other energy waves or emissions. This
obligation survives until all legal proceedings have been concluded and continues even if the
City's approval is not validated.
7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from the Carlsbad Unified School District that this project has satisfied its obligation to
provide school facilities.
MS 13-04-PARKER RESIDENCE
August 14, 2013
Page 5
8. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
9. Building permits will not be issued for this project un.less 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.
10. At issuance of building permits, or prior to the approval of a final map and/or issuance of
certificate of compliance for the conversion of existing apartments to air-space condominiums,
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.
11. 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 1, 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.
12. Prior to the approval of the final map, owner/applicant shall submit to the City a Notice of
Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the City
Planner, notifying all interested parties and successors in interest that the City of Carlsbad has
issued a Tentative Parcel Map on the real property owned by the owner/applicant. Said Notice
of Restriction shall note the property description, location of the file containing complete
project details and all conditions of approval as well as any conditions or restrictions specified
for inclusion in the Notice of Restriction. The City Planner has the authority to execute and
record an amendment to the notice, which modifies or terminates said notice upon a showing of
good cause by the owner/applicant or successor in interest.
13. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities
District or other financing mechanism which is inconsistent with City Council Policy No. 38, by
allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any
other disclosure required by law or Council policy, the Developer shall disclose to future owners
in the project, to the maximum extent possible, the existence of the tax or fee, and that the
school district is the taxing agency responsible for the financing mechanism. The form of notice
is subject to the approval of the City Planner and shall at least include a handout and a sign
inside the sales facility stating the fact of a potential pass-through of fees or taxes exists and
where complete information regarding those fees or taxes can be obtained.
MS 13-04-PARKER RESIDENCE
August 14, 2013
Page 6
14. This project has been found to result in impacts to wildlife habitat or other lands, such as
agricultural land, non-native grassland, and disturbed lands, which provide some benefits to
wildlife, as documented in the City's Habitat Management Plan and the environmental analysis
for this project. Developer is aware that the City has adopted an In-lieu Mitigation Fee
consistent with Section E.6 of the Habitat Management Plan and City Council Resolution No.
2000-223 to fund mitigation for impacts to certain categories of vegetation and animal species.
The Developer is further aware that the City has determined that all projects will be required to
pay the fee in order to be found consistent with the Habitat Management Plan and the Open
Space and Conservation Element of the General Plan. Developer or Developer's successor(s) in
interest shall pay the fee prior to recordation of a final map, or issuance of a grading permit or
building permit, whichever occurs first. If the In-lieu Mitigation Fee for this project is not paid,
this project will not be consistent with the Habitat Management Plan and the General Plan and
any and all approvals for this project shall become null and void.
Engineering
General
15. 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.
16. Developer shall submit to the city planner, a reproducible 24" x 36", mylar copy of the Site Plan
and conceptual grading plan reflecting the conditions approved by the final decision making
body. The reproducible shall be submitted to the city planner, reviewed and, if acceptable,
signed by the city's project engineer and project planner prior to submittal of the building plans,
improvement plans, grading plans, or final map, whichever occurs first.
Fees/ Agreements
17. 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.
18. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city's standard form Drainage Hold Harmless Agreement. language in said
agreement shall include the mandate that the property owner, in perpetuity, continue to
accept the existing cross lot drainage from Maezel lane to the existing concrete brow ditch
located in the rear yard of 1845 Canyon Place.
19. Developer shall cause property owner to enter into a Neighborhood Improvement Agreement
with the city on a city standard form for the future public improvement of Maezel lane along
the property frontage for a half street width of 30 feet-feet. Public improvements shall include
but are not limited to paving, base, sidewalks, curbs and gutters, grading, clearing and grubbing,
sewer, water, fire hydrants and street lights.
MS 13-04-PARKER RESIDENCE
August 14, 2013
Page 7
20. Prior to approval of any grading or building permits for this project, developer shall cause owner
to give written consent to the city engineer for the annexation of the area shown within the
boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping
District No. 1 and/or to the formation or annexation into an additional Street Lighting and
Landscaping District. Said written consent shall be on a form provided by the city engineer.
21. Prior to issuance of building permits, or grading permit, whichever occurs first, developer shall
cause owner to execute, for recordation, a city standard Local Improvement District Agreement
to pay fair share contributions for undergrounding of all existing overhead utilities and
installation of street lights, as needed, along the subdivision frontage, should a future district be
formed.
Grading
22. Based upon a review of the proposed grading and the grading quantities shown on the tentative
parcel map, a grading permit for this project is required. Developer shall prepare and submit
plans and technical studies/reports for city engineer review, post security and pay all applicable
grading plan review and permit fees per the city's latest fee schedule.
23. 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.
24. Developer shall complete and submit to the city engineer a Project Threat Assessment Form
(PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, developer shall also
submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level
Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all 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.
25. Developer shall incorporate measures with this project to comply with Standard Stormwater
Requirements per the city's Standard Urban Stormwater Management Plan (SUSMP). These
measures include, but are not limited to: 1) reducing the use of new impervious surfaces (e.g.:
paving), 2) designing drainage from impervious surfaces to discharge over pervious areas (e.g.:
turf, landscape areas), 3) and designing trash enclosures to avoid contact with storm runoff, all
to the satisfaction of the city engineer.
26. Developer shall submit documentation, subject to city engineer approval, demonstrating how
this project complies with Hydromodification requirements per the city's SUSMP, latest version.
Documentation shall be included within the Storm Water Management Plan (SWMP).
MS 13-04-PARKER RESIDENCE
August 14, 2013
Page 8
Dedications/Improvements
27. 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.
28. Developer shall cause owner to make an Irrevocable Offer of Dedication to the city and/or other
appropriate entities for the public street & public utility purposes as shown on the tentative
parcel map. The offer shall be made by a certificate on the final map or separate recorded
document. All land so offered shall be free and clear of all liens and encumbrances and without
cost to the city. Additional easements may be required at final design to the satisfaction of the
city engineer.
29. Developer shall cause owner to dedicate to the Carlsbad Municipal Water District (CMWD)
and/or other appropriate entities an easement for water distribution facilities for the existing
fire hydrant and proposed water meter located at the end of Maezel Lane. The offer shall be
made by separate recorded document. All land so offered shall be free and clear of all liens and
encumbrances and without cost to the city. Streets that are already public are not required to
be rededicated. Additional easements may be required at final design to the satisfaction of the
city engineer.
30. At the end of Maezel Lane, the developer shall install a barricade/guard posts or other
acceptable method that will alert drivers that the street ends. Specifications for said
barricade or alternate method of alerting drivers are subject to the city engineer's approval.
31. The developer shall cause owner to request, in writing, and pay appropriate fees for
processing said request that the city accept for public use Lot A of Map 3899, Paradise Estates
Unit No. 2, recorded May 29, 1958.
Non-Mapping Notes
32. Add the following notes to the final parcel map as non-mapping data:
a. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
b. 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.
c. 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
MS 13-04-PARKER RESIDENCE
August 14, 2013
Page 9
Utilities
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.
33. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
34. Developer shall install potable water and/or recycled water services and meters at locations
approved by the district engineer.
35. The developer shall install sewer laterals and clean-outs at locations approved by the city
engineer.
36. The developer shall design and construct public water, sewer, and recycled water facilities
substantially as shown on the tentative parcel map to the satisfaction of the district engineer
and city engineer.
CODE REMINDERS:
37. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final parcel map as
required by Chapter 20.44 of the Carlsbad Municipal Code.
38. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
39. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 1 as required by Carlsbad Municipal Code Section 21.90.050.
40. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050
of the Carlsbad Municipal Code.
41. 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.
42. This tentative parcel map shall expire two years from the date on which the city planner
approves this application unless extended per Chapter 20.24.180 of the Carlsbad Municipal
Code.
43. 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.
MS 13-04-PARKER RESIDENCE
August 14, 2013
Page 10
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; to planning, zoning, grading, or other
similar application processing or service fees in connection with this project; or to any fees/exactions of
which you have previously been given a NOTICE similar to this, or as to which the statute of limitations
has previously otherwise expired.
This decision may be appealed by you or any other member of the public to the Planning Commission
within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division
at 1635 Faraday Avenue in Carlsbad, along with a payment of $638.00. The filing of such appeal within
such time limit shall stay the effective date of the order of the City Planner until such time as a final
decision on the appeal is reached. If you have any questions regarding this matter, please feel free to
contact the Project Planner, Chris Garcia, at 760-602-4622.
Sincerely,
CHRIS DeCERBO
Principal Planner
CD:CG:fn
c: Don Neu, City Planner
Chris DeCerbo, Principal Planner
David Rick, Project Engineer
Fire Department, Gregory Ryan
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