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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 November 23, 2022 Pa e 2 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 November 23, 2022 Pa e 3 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 Novem ber 23, 2022 Pa e 4 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 November 23, 2022 Pa e 5 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 November 23, 2022 Pa e 6 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. MS 2022-0003 (DEV2022-0112) -1098 MAGNOLIA AVE. -SB-9 SUBDIVSION November 23, 2022 Pa e 7 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 November 23, 2022 Pa e 8 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. MS 2022-0003 (D EV2022-0112) -1098 MAGNOLIA AVE. -58-9 SUBD IVSION November 23, 2022 Pa e 9 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 November 23, 2022 Pa e 10 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 Laserfiche/File Copy Data Entry