HomeMy WebLinkAboutPUD 2021-0008; 2343-45 LEVANTE STREET; Admin Decision LetterFebruary 6, 2023
Garth Koller
San Dieguito Engineering
1911 Palomar Oaks Way, Suite 200
Carlsbad-CA 92008
CCityof
Carlsbad
BFILE CO?Y
SUBJECT: PUD 2021-0008/MS2021-0005 (DEV2021-0157) -2343-45 LEVANTE STREET -
Request for approval of a Minor Planned Development Permit and Minor
Subdivision (PUD 2021-0008/MS 2021-0005) to subdivide a 11,279-square-foot lot
developed with a duplex into a twin-home on two parcels, both approximately
5,640 square feet in size. The project is located at 2343/2345 Levante Street, in
the R-2 Zone and Local Facilities Management Zone 6.
Dear Garth Koller,
The City Planner has completed a review of your application for a Minor Planned Development
Permit subdivision of an existing lot with a duplex into a twin-home on two lots to allow each
unit to be located on a separate legal lot located at 2343/2345 Levante Street. 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 January 23, 2023). After careful consideration of the circumstances surrounding this
request, the City Planner has made a decision pursuant to Section 21.45.050 of the City of
Carlsbad Municipal Code to APPROVE this request based on the following findings and subject to
the conditions listed below.
Findings:
PUD 2021-0008
1. That the proposed project is consistent with the general plan, and complies with all applicable
provisions of Chapter 21.45, and all other applicable provisions of the Carlsbad Municipal
Code, in that the General Plan Land Use designation for the property is R-8. The R-8 Land
Use designation allows for the development of one-family, two-family, and multiple family
residential units within a density range of 4 -8 dwelling units per acre (du/ac). The site
consists of an existing twin-home with a density of 6.9 dwelling units per acre. General
Plan Policy 2-P.15 allows for the development of a two-family dwellings on all lots which
legally existed and were zoned R-2 as of December 1, 1986, regardless of the density
allowed by the residential land use designation, provided the development of the dwellings
Community Development Department
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov
PUD 2021-0008/MS2021-0005 (DEV2021-0157) -2343-45 LEVANTE STREET
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complied with all applicable development standards in effect at the time of the
development and there are no modifications required to the existing building as part of this
permit. This residence was permitted for construction in 1985. The General Plan Land Use
Element and R-2 zone both allow for the development of two-family dwelling units. The
proposed subdivision meets all development standards and design criteria required by the
Planned Development ordinance for the creation of two lots, in that the minimum size and
width of each of the lots is approximately 35,640 square feet and 35 feet, respectively; the
lot coverage for each unit does not exceed 60 percent of the net pad area; and each unit
complies with the minimum yard/setback requirements.
2. That the proposed project will not be detrimental to existing uses, or to uses specifically
permitted in the area in which the proposed use is to be located, and will not adversely impact
the site, surroundings, or traffic, in that the project involves the subdivision of one lot
currently developed with a duplex into two lots to allow for each unit to be located on a
separate legal lot, creating a twin-home. The proposed project is located in an area in which
all necessary public facilities are constructed and in place. The existing two-story residential
structure is compatible with surrounding one and two-family residential uses, and no
negative traffic impacts will result from the project as no additional average daily trips
(ADTs) will be generated.
3. That the project will not adversely affect the public health, safety or general welfare, in that
the project complies with all applicable development standards of the Planned
Development Ordinance (CMC Chapter 21.45) of the Carlsbad Municipal Code by providing
a diverse type of housing of twin-homes on individual lots of less than seven thousand five
hundred square feet in size.
4. That the project's design, including architecture, streets and site layout:
a. Contributes to the community's overall aesthetic quality, in that the existing two-
story duplex with attached garages is similar to other surrounding developed
residential projects;
b. Includes the use of harmonious materials and colors, and the appropriate use of
landscaping, in that the existing duplex utilizes an earth tone color scheme. The
landscaping consists of a plant material that enhance the exterior of the building
and is harmonious with the surrounding residences; and
c. Achieves continuity among all elements of the project, in that all elements (site
layout, architecture, landscaping) create continuity in the overall project design and
the project blends well with the variety of architectural styles that exist within the
surrounding neighborhood.
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MS 2021-0005
5. 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-8
General Plan Land Use designation, the R-2 zoning designation and Planned Development
Ordinance (CMC Chapter 21.45} allow for twin homes on small lots with a minimum lot size
of 3,750 square feet . The proposed lots and existing units comply with the minimum
requirements of Titles 20 and 21 regarding lot size and width and the project has been
designed to comply with all other regulations.
6. That the proposed project is compatible with the surrounding future land uses since
surrounding properties have a General Plan Land Use designation of R-8 and R-4 and the
subject property is surrounded by existing single-family and two-family homes. The
subdivision of the 0.29-acre lot into two lots would result in a density of 6.96 du/ac, which
is within the density range allowed by the R-8 designation (4 -8 du/ac}. In addition,
General Plan Policy 2-P.15 allows for the development of a two-family dwelling on all lots
which legally existed and were zoned R-2 as of December 1, 1986, regardless of the density
allowed by the residential land use designation, provided the development of the dwellings
complies with all applicable development standards in effect at the time of the
development. This residence was permitted for constructed in 1985.
7. 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 Planned Development Ordinance for the creation of two parcels
including, but not limited to, requirements for access, minimum lot size, lot width and
setbacks.
8. 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.
9. That the property is not subject to a contract entered into pursuant to the Land Conservation
Act of 1965 (Williamson Act).
10. 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 existing residential
units have multiple windows on all sides of the building to take advantage of natural
heating and cooling opportunities.
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11. 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.
12. 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 project site is currently developed with a duplex and the useable rear yard areas
do not contain any sensitive resources.
13. 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.
General
14. That the City Planner has determined that the project belongs to a class of projects that the
State Secretary for Resources has found do not have a significant impact on the environment,
and it is therefore categorically exempt from the requirement for the preparation of
environmental documents pursuant to Section 15315 (Minor Land Divisions) Class 15
Categorical Exemption of the state CEQA Guidelines. In making this determination, the City
Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines
do not apply to this project.
15. That the request for a Minor Planned Development Permit was adequately noticed at least
ten (10) calendar days before the date of this decision pursuant to Section 21.54.060 of the
Carlsbad Municipal Code.
16. 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 otherwise specified herein, all conditions shall be satisfied prior to recordation of
the associated Tentative Parcel Map (MS 2020-0006).
1. Approval is granted for PUD 2021-0008/MS 2020-0005 as shown on Exhibit "A" dated
February 6, 2023 on file in the Planning Division and incorporated herein by reference.
Development shall occur substantially as shown unless otherwise noted in these conditions.
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2. If any of the following conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so implemented
and maintained according to their terms, the City shall have the right to revoke or modify all
approvals herein granted; deny or further 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 Planned Development Permit/Minor Subdivision.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Minor Planned Development Permit/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. 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.
5. Prior to final parcel map, the Developer shall provide proof to the City Planner from the San
Marcos School District that this project has satisfied its obligation to provide school facilities.
6. Prior to the recordation of the associated Parcel Map (MS 2021-0005), Developer 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 Minor Planned Development Permit (PUD
2021-0008) and Minor Subdivision (MS 2021-0005) 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.
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.
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· 9. This project approval becomes null and void upon the expiration or withdrawal of Planned
Development Permit and Minor Subdivision PUD 2021-0008/MS 2021-0005.
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.
11. 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.
12. 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 Planned Development
Permit/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. ·
13. 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.
Engineering:
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. 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.
16. Developer shall install sight distance corridors at all street intersections and driveways in
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accordance with City Engineering Standards. The property owner shall maintain this
condition.
17. Property owner shall maintain all landscaping (street trees, tree grates, shrubs, groundcover,
etc.) and irrigation along the parkway frontage with Levante Street as shown on the Tentative
Map/Site Plan.
Storm Water Quality
18. 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.
19. 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.
20. 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, prev.enting illicit discharges into the storm drain and
adding storm drain stenciling or sign age all to the satisfaction of the city engineer.
Dedications/Improvements
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.iG.070 for public
improvements shown on the Tentative Map. Said improvements shall be installed to city
standards to the satisfaction of the city engineer. These improvements include, but are not
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limited to:
A. ADA compliant driveways
B. ADA compliant sidewalk
C. Landscape area
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.
Non-Mapping Notes
23. 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:
A. ADA compliant driveways
B. ADA compliant sidewalk
C. Landscape area
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 Carlsbad Engineering Standards or line-of-sight per Caltrans
standards.
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 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.
D. There are no public park or recreational facilities to be loca.ted 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
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in accordance with section 20.16.070 of the Carlsbad Municipal ·code.
Utilities
24. 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.
25. The developer shall meet with and obtain approval from the Leucadia Wastewater District
regarding sewer infrastructure available or required to serve this project.
26. The developer shall meet with and obtain approval from the Olivenhain Municipal Water
District regarding potable water infrastructure available or required to serve this project.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited
to the following:
27. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020
of the City of Carlsbad Municipal Code to the satisfaction of the city engineer.
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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.
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 $847.00. 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 Kyle Van Leeuwen at (442) 339-2611.
Sincerely,
CLIFF JONES
Principal Planner
CJ:KVL:JC
c: Emad Elias, Project Engineer
Eric Lardy, City Planner
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