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HomeMy WebLinkAboutHDP 2018-0005; VIOLA MINOR SUBDIVISION; Admin Decision Letter~ \J l \ · 2 \ · t \3f\lt eoPl Ccityof Carlsbad November 21, 2018 Theodore Viola IMAGED NOV 21 2018 AG MISH TOFF TRUST Suite 110 CITY OF CARLSBAD~ 4858 Park Drive, Carlsbad, CA 92008 SUBJECT: Dear Mr. Viola, o,oo t:,,'$ HOP 2018-0005/MS 2018-0008 (DEV2018-0QW¼-VIOLA MINOR SUBDIVISION - Request for approval of a Minor Hillside Development Permit HOP 2018-0005 and Tentative Parcel Map MS 2018-0008 to allow for a two-lot subdivision of a 0.729-acre lot generally located on the south side of Adams Street, north of Agua Hedionda Lagoon, between Highland Drive and Hoover Street in Carlsbad, California, in the R-1-15,000 Zone and in Local Facilities Management Zone 1. Parcel 1 is proposed to be 15,458 square feet in size and accessed from Hoover Street. Parcel 2 is proposed to be 16,317 square feet in size and accessed from Adams Street. The City Planner has completed a review of the application for a tentative parcel map and minor hillside development permit located on the south side of Adams Street, north of Agua Hedionda Lagoon, between Highland Drive and Hoover Street in Carlsbad, California (APN 206-172-02-00). A notice was sent to property owners within a 300' radius of the subject property requesting comments regarding the above request. No comments were received within the ten day notice period (ending on November 9, 2018). The City Planner has made a decision pursuant to Section 20.24.120 and Chapter 21.95 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: Minor Hillside Development Permit 1. Hillside conditions have been properly identified on the slope analysis which shows existing and proposed conditions and slope percentages. 2. Undevelopable areas of the project, i.e. slopes over 40%, have been properly identified on the slope analysis. 3. The development proposal is consistent with the intent, purpose and requirements of the Hillside Ordinance, Chapter 21.95 in that there will be no impacts to the Agua Hedionda Lagoon or riparian ecosystems in that the conceptual grading plan shows how the new lots may be Community & Economic Development Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov HDP 2018-0005/MS 2018-0008 (DEV2018-0010)-VIOLA MINOR SUBDIVISION · November 21, 2018 Pa e 2 developed with single-family homes in an environmentally sensitive manner that comply with the hillside development and design standards of Chapter 21.95, the city's Stormwater Regulations and implement best management practices. 4. The proposed grading and development will not impact the undeveiopable portions of the site in that the lots to be developed are within a disturbed area due to previous grading and will not impact the surrounding natural hillside. 5. The grading design minimizes disturbance of hillside lands in that the conceptual grading plans shows how future grading will be minimal to accommodate two stepped building pads that follow the existing contours of the site and will not impact the surrounding natural terrain. 6. The project design substantially conforms to the intent of the concept illustrated in the Hillside Development Guidelines Manual in that the conceptual grading plan demonstrates how future grading will be minimal to accommodate a new single-family home on each lot. The conceptual grading volume falls within the acceptable level per CMC Section 21.195.140(D) as follows: 1) 2,711 cubic yards of cut per acre required to accommodate the pad for parcel 1; and 2) 2,245 cubic yards of fill per acre to accommodate the pad for parcel 2. None of the manufactured slopes will exceed a height of 40 feet. Furthermore, the graded slopes will be landscaped pursuant to the City's Landscape Manual. The combined effect will soften the appearance of the graded slopes. Tentative Parcel Map 7. 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 project implements the goals and policies of the General Plan as discussed In the General Findings section below; is consistent with all minimum requirements of Titles 20 and 21 governing lot size and configuration; and has been designed to comply with all applicable City regulations. 8. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential development on the General Plan and are developed with single-family homes of comparable lot sizes. 9. 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 conceptual grading plan, Exhibit "B" dated November 21, 2018, demonstrates how single-family homes may be developed on the undeveloped lots, consistent with the zoning ordinance, without the need for variances from development standards. 10. 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 project has been designed and conditioned such that there are no conflicts with established easements. 11. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). HDP 2018-0005/MS 2018-0008 (DEV2018-0010)-VIOLA MINOR SUBDIVISION November 21, 2018 Pa e 3 12. 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 new lots allow for passive or natural solar heating and cooling opportunities and provide ample area to take advantage of prevailing breezes. 13. 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. 14. 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 no native or wetland type habitats or natural drainage areas exist on site. 15. 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 tentative parcel map does not propose any physical development that would discharge waste thus resulting in a violation of existing California Regional Water Quality Control Board requirements. Future development is required to be designed in accordance with the latest orders established by the regional water quality control board. General Findings 16. That the City Planner finds that the project, as conditioned herein, is in conformance with the City's General Pian in that the Residential (R-4) General Plan Land Use designation allows for the subdivision of residential lots. The two residential lots meet the minimum lot size requirements of the R-1-15,000 Zone with Parcel 1 at 15,458 square feet in size and Parcel 2 at 16,317 square feet in size. The proposed subdivision satisfies the minimum requirements of Titles 20 and 21. 17. 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 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 approval of the final parcel map. 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 1 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 18. 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 HDP 2018-0005/MS 2018-0008 (DEV2018-0010)-VIOLA MINOR SUBDIVISION November 21, 2018 Pa e 4 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 parcels are available; and the parcel was not part of a larger subdivision within the last two years. 19. 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. Planning 1. Prior to approval of the Minor Hillside Development Permit HDP 2018-0005 and Tentative Parcel Map MS 2018-0008, the Developer shall apply for and obtain approval of a Coastal Development Permit issued ,by the California Coastal Commission or its successor in interest, that substantially conforms to this approval. A signed copy of the Coastal Development Permit must be submitted to the City Planner. If the approval is substantially different, an amendment to Minor Hillside Development Permit HDP 2018-0005 and Tentative Parcel Map MS 2018-0008 shall be required. 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 Hillside Development Permit and Tentative Parcel Map. 3. Approval is granted for Minor Hillside Development Permit HDP 2018-0005 and Tentative Parcel Map MS 2018-0008 as shown on Exhibits "A" -"C", dated November 21, 2018, on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 4. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor Hillside Development Permit HDP 2018-0005 and Tentative Parcel Map MS 2018-0008 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. 5. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. HDP 2018-0005/MS 2018-0008 (DEV2018-0010)-VIOLA MINOR SUBDIVISION November 21, 2018 Pa e 5 6. 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. 7. 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 Hillside Development Permit and 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. 8. 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. 9. 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. 10. 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. 11. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application, any change in the telecommunications provider, or any transfer in ownership of the site. 12. Prior to the issuance of the Final Map, Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Minor Hillside Development Permit and Tentative Parcel Map by City Planner letter of approval on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. HDP 2018-0005/MS 2018-0008 (DEV2018-0010)-VIOLA MINOR SUBDIVISION November 21, 2018 Pa e 6 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 either 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. 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. General 14. 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. 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. Fees/ Agreements 16. 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 on either parcel prior to approval of grading plans or Issuance of building permit, whichever occurs first. 17. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement on either parcel prior to approval of grading plans or issuance of building permit, whichever occurs first. 18. Developer shall cause property owner to enter into a lien contract with the city for the future public improvement of Adams Street along the subdivision frontage for a half street width of 30- feet. Public improvements shall include but are not limited to paving, base, sidewalks, curbs and gutters, grading, clearing and grubbing, relocation of utilities, fire hydrants, street lights and guard rail if warranted. Required improvements shall include retaining walls in the right-of-way and related measures needed to avoid encroaching or disturbing environmentally sensitive areas and any transitional improvements beyond the southerly property line of Parcel 2. 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 Hoover Street along the property frontage for a half street width of 28-feet. Public improvements shall include but are not limited to paving, base, sidewalks, curbs and gutters, grading, clearing and grubbing, relocation of utilities, fire hydrants, street lights, and retaining walls. HOP 2018-0005/MS 2018-0008 (DEV2018-0010)-VIOLA MINOR SUBDIVISION November 21, 2018 Pa e 7 Dedications/Improvements 20. Developer shall cause owner to submit to the city engineer for recordation a covenant of easement for private sewer, potable water, and drainage purposes as shown on the tentative map. Developer shall pay processing fees per the city's latest fee schedule. Non-Mapping Notes 21. Add the following notes to the final 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. 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 Carlsb_ad Engineering Standards or line-of-sight per Caltrans standards. c. 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. CODE REMINDERS: 22. 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. 23. 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. 24. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 25. 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. 26. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 27. 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. HOP 2018-0005/MS 2018-0008 (DEV2018-0010)-VIOLA MINOR SUBDIVISION November 21, 2018 Pa e 8 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 $876.00. The filing of such appeal within such time limit shall stay the effective date of the order of the City Planner until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact the Project Planner, Cliff Jones, at 760-602-4613. Sincerely, TERI DELCAMP Principal Planner TD:CJ:dh c: Don Neu, City Planner David Rick, Project Engineer HPRM/File Copy Data Entry