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HomeMy WebLinkAboutMS 08-03; Nolan Minor Subdivision; Minor Subdivision (MS)City of Carlsbad Public Works - Engineering August 28,2008 Frank Nolan 7331 Las Brisas Court Carlsbad, CA 92009 PROPOSED MINOR SUBDIVISION NO. 08 - 03 APPROVAL Whereas no review of the conditions of the letter of preliminary approval was requested by the appropriate date; and whereas the requirements of the California Environmental Quality Act and the City of Carlsbad Environmental Protection Ordinance of 1973 relating to the subject proposed parcel map have been examined by the Planning Director and declared to have a non-significant impact upon the environment; and whereas negative findings delineated by Section 20.24.130 of the Carlsbad Municipal Code have not been made; and whereas the subject proposed parcel map has been designed to protect and enhance to the maximum extent practicable the water quality of the City of Carlsbad receiving waters and wetlands pursuant to Title 15 of the Carlsbad Municipal Code; and whereas this minor subdivision is found to be in conformity with the General Plan of the City of Carlsbad; therefore, a final decision has been made to approve the subject tentative parcel map subject to the conditions set forth in the preliminary approval letter. Robert T. Johnson, Jr., PE City Engineer by: David A. Hauser, PE Deputy City Engineer DAH:cf Project Engineer, Clyde Wickham Senior Office Specialist, Dev. Services Project Planner, Shelley Esteybar Senior Management Analyst, Planning File 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 6O2-2720 • FAX (760) 602-8562 City of Carlsbad Public Works Engineering August 28, 2008 NOTICE OF APPROVAL OF TENTATIVE PARCEL MAP MINOR SUBDIVISION NO. 08 - 03 Notice is hereby given that a Tentative Parcel Map has been approved on property generally located at 7331 Las Brisas Court, more particularly described as Lot 389 of Carlsbad Tract 72-20 Unit No. 3. in the City of Carlsbad, County of San Diego, State of California, according to map thereof 7950, filed in the Office of the County Recorder of San Diego County. This project proposes to subdivide an existing 1 acre lot into 2 parcels. APPLICANT: Frank and Joann Nolan STATEMENT OF THE MATTER: Per City of Carlsbad Code Section 20.24.140(b) and the California Subdivision Map Act Section 66452.5(d) any interested person adversely affected by this decision of the City Engineer may appeal it to the City Council. An appeal to the City Council must be filed at the City Clerk's Office and the appeal fee amount listed in the most recent edition of the Carlsbad "Community Development Fees" schedule must be paid. The appeal must be filed with the City Clerk in writing within 10 days of the date of the final approval letter (Attached). If you wish to file an appeal, please contact the City Clerk's office in person. If you have any questions regarding this matter, please do not hesitate to contact Clyde Wickham at (760) 602-2742. DAVID A. MAUSER Deputy City Engineer Attch: 300 foot radius map C: Project Engineer Senior Management Analyst, Planning 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-2720 • FAX (760) 602-8562 BCE DEVELOPMENT PROPERTIES II 33 S 6TH ST MINNEAPOLIS, MN 55402-3601 KAO 315 CALLITA PL SAN MARINO, CA 91108-2311 YOUNG 3230 VENADO ST CARLSBAD, CA 92009-7847 STOOPACK 3240 VENADO ST CARLSBAD, CA 92009-7847 MOLLY ROMBOTIS 3250 VENADO ST CARLSBAD, CA 92009-7847 WILLIAM R & MAUREEN HOPSON 3251 PIRAGUA ST CARLSBAD, CA 92009-7840 FOYLE 3250 PIRAGUA ST CARLSBAD, CA 92009-7839 DAVID J & KAY DOKE 3240 PIRAGUA ST CARLSBAD, CA 92009-7839 BARTL 3305 PIRAGUA ST CARLSBAD, CA 92009-7842 SHAKHSHIR 3303 PIRAGUA ST CARLSBAD, CA 92009-7842 EDWIN W ALLARD 3301 PIRAGUA ST CARLSBAD, CA 92009-7842 MICHAEL S & KAREN BURCH 3302 PIRAGUA ST CARLSBAD, CA 92009-7841 LUCILLE D FAULKNER 3304 PIRAGUA ST CARLSBAD, CA 92009-7841 ROBERT W & MICHELLE DOBSON 3306 PIRAGUA ST CARLSBAD, CA 92009-7841 HALL 3308 PIRAGUA ST CARLSBAD, CA 92009-7841 JORDHEIM FAMILY 3311 CABO CT CARLSBAD, CA 92009-7803 M J I 3312 CABO CT CARLSBAD, CA 92009-7803 HAWKS VIEW GROUP 3312 CABO CT CARLSBAD, CA 92009-7803 JOHN J MITCHELL *B* 3302 VENADO ST CARLSBAD, CA 92009-7849 RICHARD & TERI MACY 3306 VENADO ST CARLSBAD, CA 92009-7849 JUDITH L SEGAL 7613 ROMERIA ST CARLSBAD, CA 92009-8348 WELCH 3327 FOSCA ST CARLSBAD, CA 92009-7835 BEATRICE R KANE 3325 FOSCA ST CARLSBAD, CA 92009-7835 JAMES A SNOW 3323 FOSCA ST CARLSBAD, CA 92009-7835 *** 24 Printed *** CURRENT RESIDENT 3230 VENADO ST CARLSBAD, CA 92009-7847 CURRENT RESIDENT 3240 VENADO ST CARLSBAD, CA 92009-7847 CURRENT RESIDENT 3250 VENADO ST CARLSBAD, CA 92009-7847 CURRENT RESIDENT 3250 VENADO ST CARLSBAD, CA 92009-7847 CURRENT RESIDENT 3251 PIRAGUA ST CARLSBAD, CA 92009-7840 CURRENT RESIDENT 3250 PIRAGUA ST CARLSBAD, CA 92009-7839 CURRENT RESIDENT 3240 PIRAGUA ST CARLSBAD, CA 92009-7839 CURRENT RESIDENT 3307 PIRAGUA ST CARLSBAD, CA 92009-7842 CURRENT RESIDENT 3305 PIRAGUA ST CARLSBAD, CA 92009-7842 CURRENT RESIDENT 3303 PIRAGUA ST CARLSBAD, CA 92009-7842 CURRENT RESIDENT 3301 PIRAGUA ST CARLSBAD, CA 92009-7842 CURRENT RESIDENT 3302 PIRAGUA ST CARLSBAD, CA 92009-7841 CURRENT RESIDENT 3304 PIRAGUA ST CARLSBAD, CA 92009-7841 CURRENT RESIDENT 3306 PIRAGUA ST CARLSBAD, CA 92009-7841 CURRENT RESIDENT 3308 PIRAGUA ST CARLSBAD, CA 92009-7841 CURRENT RESIDENT 3311 CABO CT CARLSBAD, CA 92009-7803 CURRENT RESIDENT 3312 CABO CT CARLSBAD, CA 92009-7803 CURRENT RESIDENT ESFERA ST CARLSBAD, CA 92009-7803 CURRENT RESIDENT 3302 VENADO ST CARLSBAD, CA 92009-7849 CURRENT RESIDENT 3306 VENADO ST CARLSBAD, CA 92009-7849 CURRENT RESIDENT 3312 VENADO ST CARLSBAD, CA 92009-7849 CURRENT RESIDENT 3327 FOSCA ST CARLSBAD, CA 92009-7835 CURRENT RESIDENT 3325 FOSCA ST CARLSBAD, CA 92009-7835 CURRENT RESIDENT 3323 FOSCA ST CARLSBAD, CA 92009-7835 *** 24 Printed *** City of Carlsbad Public Works — Engineering August 18, 2008 Frank Nolan 7331 Las Brisas Court Carlsbad, CA 92009 PROPOSED MINOR SUBDIVISION NO. 08-03, NOLAN MINOR SUBDIVISION A preliminary decision has been made, pursuant to Section 20.24.120 of the City of Carlsbad Municipal Code, to approve the tentative parcel map of the proposed minor subdivision subject to conditions that follow in this letter. 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 or grading permit whichever occurs first. General 1. 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. 2. Approval of MS 08-03 is subject to the findings and conditions of Planning Department Memorandum Dated August 7, 2008 (attached hereto). 3. Developer shall submit to the City Engineer, a reproducible 24" x 36", mylar copy of the tentative map and a digital copy of said map (in AutoCAD format, latest version) reflecting the conditions approved by the final decision making body and any applicable coastal commission approvals. The reproducible shall be submitted to the City engineer, reviewed and, if acceptable, signed by the City's project engineer and project planner prior to submittal of the building plans, final map, improvement or grading plans, whichever occurs first. The digital file copy shall be submitted in a format as approved by the City Engineer. 4. Developer shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, agents, officers, and representatives, from and against any and all liabilities, losses, damages, demands, claim 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 tentative parcel map, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, including an action filed within the time period specified in Government Code Section 66499.37 and (c) Developer'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. 1635 Faraday Avenue • Carlsbad, CA 920O8-7314 • (760) 602-2720 • FAX (760) 602-8562 Fees/Agreements 5. 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. 6. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. 7. 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. Grading 8. 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 apply for and obtain a grading permit from the City Engineer. 9. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit and the City's Standard Urban Storm Water Mitigation Plan (SUSMP). Developer shall provide improvements constructed pursuant to best management practices as referenced in the "California Storm Water Best Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: A. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 10. 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 Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the satisfaction of the City Engineer. Dedications/Improvements 11. Prior to approval of the Parcel Map, the owner shall irrevocably offer or grant a minimum 20 foot wide easement with access rights to Leucadia Wastewater District for the proposed relocation of sewer main. The alignment of said easement along with the specific design for relocation shall be approved by the district. All land so offered shall be free and clear of all liens and encumbrances MS 08-03 Nolan 2 08/14/2008 and without cost to the City or District. 12. The Parcel Map shall show abandonment of previously relinquished access rights to Paragua Street as shown on Map 7950. The abandonment shall be located to accommodate the proposed driveway and SDG&E access road as shown on the tentative parcel map. 13. All proposed public improvements including but not limited to: Relocation of 8" sewer main, sewer laterals and access road shall be shown on a separate public improvement plan submitted with processing fees to the appropriate agency (LWD) or district for plan check and approval. Parcel Map Notes 14. Add the following notes to the parcel map as non-mapping data. i) All improvements are privately owned and are to be privately maintained with the exception of the following: a) Sewer Main and access holes, as shown within the proposed sewer easement on the tentative parcel map. ii) Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. iii) Geotechnical Hold Harmless: a) 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. iv) Drainage Hold Harmless: b) 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. Utilities 15. Prior to approval of improvement plans or final map, 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. 16. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. 17. The Developer shall install potable water services and meters at locations approved by the District Engineer. The locations of said services shall be reflected on the grading or improvement plans. MS 08-03 Nolan 3 08/15/2008 18. The Developer shall install sewer laterals and clean-outs at locations approved by the District Engineer. The locations of sewer laterals shall be reflected on grading or improvement plans. 19. The Developer shall design and construct public water and sewer facilities substantially as shown on the tentative parcel map to the satisfaction of the District Engineer. Code Reminder 20. The project is subject to all applicable provisions of local ordinances, including but not limited to the following: A. The tentative map shall expire two years from the date on which the City Engineer approved the application. 6. Developer shall pay the Local Drainage Area Fee and Park-in-Lieu fee prior to approval of the parcel map. The developer may request a review of the preliminary decision with the City Engineer in writing within ten (10) days of the date of this letter. Upon such written request the City Engineer shall arrange a time and place with the developer for such review. The City Engineer has reviewed each of the exactions imposed on the developer contained in these conditions of approval, 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 degree of the exaction is in rough proportionality to the impact caused by the project. If you have any questions, you may contact Clyde Wickham at (760) 602-2742. Robert T. Johnson, Jr., PE City Engineer rby: David A. Hauser, PE Deputy City Engineer c: Senior Engineer, Glen Van Peski Project Planner, Shelley Esteybar Fire Department, Gregory Ryan File MS 08-03 Nolan 4 08/15/2008 City of Carlsbad Planning Department MEMORANDUM August 7, 2008 TO: CLYDE WICKHAM, CITY ENGINEER FROM: DON NED, PLANNING DIRECTOR SUBJECT: FINDINGS AND CONDITIONS OF APPROVAL FOR NOLAN TENTATIVE PARCEL MAP (MS 08-03) The Planning Department has completed a review of the application for the subdivision of a single-family residential lot into two single-family residential lots with a minimum area of 21,055 square feet located on the east side of Piragua Street and at the terminus of Las Brisas Court in the Planned Community (P-C) zone. After careful consideration of the circumstances surrounding this request, the Planning Director has determined that the findings required for approving a lot split can be made and, therefore, recommends approval of this request based on the findings and subject to the conditions contained herein: Findings: 1. The proposed subdivision which has a density of 2.6 dwelling units/acre, is consistent with all elements of the City's General Plan, including the Land Use Element which designates this site for Residential Low-Medium Density (RLM) (0-4 dwelling units/acre) with a Growth Management Control Point (GMCP) density of 3.2 dwelling units/acre. 2. The Planning Director finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan based on the facts included herein: At the RLM GMCP, 2 dwelling units would be permitted on this 0.7625 acre (net developable) property. The project's proposed density at 2.6 dwelling units per acre is .6 dwelling units below the RLM GMCP of 3.2 dwelling units per acre used for the purpose of calculating the City's compliance with Government Code Section 65863. However, consistent with Program 3.8 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 need that are not utilized by developers in approved projects, including fractional units, are deposited in the City's Excess Dwelling Unit Bank. These excess dwelling units are available for allocation to other projects. Accordingly, there is no net loss of residential unit capacity and there are adequate 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. 3. The project is consistent with all City public facility policies and ordinances, and with Title 21 of the City's Municipal Code. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us MS 08-03 - NOLAN MINOR SUBDIVISION August 6, 2008 Page 2 4. The property is not subject to a contract entered into pursuant to the Land Conservation act of 1965 (Williamson Act). 5. The Planning Director has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15315 (Minor Land Divisions) of the State CEQA Guidelines and will not result in adverse environmental impacts in that the property is in an urbanized area; zoned for residential; is being subdivided into four or fewer parcels; no variances or exceptions 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. 6. The Planning Director hereby finds that all development in Carlsbad benefits from the Habitat Management Plan, which is a comprehensive conservation plan and implementation program that will facilitate the preservation of biological diversity and provide for effective protection and conservation of wildlife and plant species while continuing to allow compatible development in accordance with Carlsbad's Growth Management Plan. Preservation of wildlife habitats and sensitive species is required by the Open Space and Conservation Element of the City's General Plan which provides for the realization of the social, economic, aesthetic and environmental benefits from the preservation of open space within an increasingly urban environment. Moreover, each new development will contribute to the need for additional regional infrastructure that, in turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on all new development within the City is essential to fund implementation of the City's Habitat Management Plan. 7. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 6 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 Encinitas Union Elementary School and San Dieguito Union High 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. d. The Local Facilities Management fee for Zone 6 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 8. The Planning Director has reviewed each of the exactions imposed on the Developer contained in this City Engineering Department approval letter, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably MS 08-03 - NOLAN MINOR SUBDIVISION August 6, 2008 Page3 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: General 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 Minor Subdivision. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor Subdivision documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3. 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. 4. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Minor Subdivision, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 5. Developer shall submit to the City Engineer a reproducible 24" x 36," mylar copy of the Tentative Map reflecting the conditions approved by the final decision-making body. 6. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 6 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. MS 08-03 - NOLAN MINOR SUBDIVISION August 6, 2008 Page 4 7. Building permits will not be issued for this project unless 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. 8. Prior to the approval of a final map, the Developer shall pay to the City an inclusionary housing in-lieu fee as an individual fee on a per market rate dwelling unit basis in the amount in effect at the time, as established by City Council Resolution from time to time. 9. Prior to Final Map approval, 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 Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Minor Subdivision by the City Engineering Department's Letter of Approval for the Nolan Minor Subdivision (MS 08-03), 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 Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 10. Prior to final map approval, the property owners shall enter into an agreement to hold the City or any other public service agency harmless from liability for any damage to the driveway when being used to perform a public service, subject to Planning Director and City Attorney approval. Fees 11. 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. The 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. The Developer or Developer's successors) 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. 12. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. MS 08-03 - NOLAN MINOR SUBDIVISION August 6, 2008 Page 5 Code Reminder: 13. 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. 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 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. Please contact staff planner, Shelley Esteybar, at (760) 602-4625 for all questions or concerns or to set up a meeting. Sincerely, DON NEU Planning Director DN:SE:sm Chris DeCerbo - Team Leader File Copy Data Entry City of Carlsbad Public Works — Engineering April 15, 2008 NOTICE OF FILING OF TENTATIVE PARCEL MAP MINOR SUBDIVISION NO. 08 - 03 Notice is hereby given that a Tentative Parcel Map has been filed on a property generally located at 7331 Las Brisas Court, more particularly described as Lot 389 of Carlsbad Tract 72-20 Unit No. 3. This project is being reviewed by City staff and affected departments. This project proposes to subdivide an existing 1 acre lot into 2 parcels. APPLICANT: Frank and Joann Nolan STATEMENT OF THE MATTER: This project is a minor subdivision (four units or less), which by subdivision ordinance does not require a public hearing. A minor subdivision is processed by City staff and must comply with all applicable codes, regulations, and zoning. Each property owner may request, in writing, the opportunity to be heard on the Tentative Parcel Map. In accordance with section 20.24.115 of the Municipal Code, provide written request must be filed with the City Engineer within fifteen (15) days of this notice. Your comments and suggestions are appreciated. This is the 1st of two public notices you will receive. When the applicant has resolved all project issues and conditions-of-approval have been prepared, staff will send a notice of decision at that time. If you have any questions or comments or wish to view the Tentative Parcel Map, please do not hesitate to contact Clyde Wickham, the Project Engineer at 760-602-2742. Robert T. Johnson, Jr., PE City Engineer by: David A. Mauser, PE Deputy City Engineer c:File Attachment 1 reduced copy of proposed tentative parcel map 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-2720 • FAX (760) 602-8562 i "„,=,,«.u -ia mac ruauc DRAINAGE EASEMENT PER - /wwwn idilil wanr"*' TREE"PLA~NTINC ^*^ ri rA<?ruruT PFR MAP I^JJ^jL] EASEMENT PER MAP A|0. WIDEPUB . SEWER EASEMENT fflEffl | \ W/1P A/0. 7950 I 1 1 \ \ ,,na -to nilic rueUC.'DRAINAGE EASEMENT PER , x MAP NO. 7959. EXISTING 10' UTILITY & TREE PLANTING EASEMENT PER MAP MO. BaST\TERRACE'l \ % J1 /"x \ EXISTING ( I RESIDENCE SEWER EASEMEUtT Easy Peel Labels Use Avery® TEMPLATE 5160®jkFeed Paper See Instruction Sheet; for Easy Peel Feature^\AVERY®6241 BCE DEVELOPMENT PROPERTIES II 33 S 6TH ST MINNEAPOLIS, MN 55402-3601 KAO 315 CALLITA PL SAN MARINO, CA 91108-2311 YOUNG 3230 VENADO ST CARLSBAD, CA 92009-7847 STOOPACK 3240 VENADO ST CARLSBAD, CA 92009-7847 MOLLY ROMBOTIS 3250 VENADO ST CARLSBAD, CA 92009-7847 WILLIAM R & MAUREEN HOPSON 3251 PIRAGUA ST CARLSBAD, CA 92009-7840 FOYLE 3250 PIRAGUA ST CARLSBAD, CA 92009-7839 DAVID J & KAY DOKE 3240 PIRAGUA ST CARLSBAD, CA 92009-7839 BARTL 3305 PIRAGUA ST CARLSBAD, CA 92009-7842 SHAKHSHIR 3303 PIRAGUA ST CARLSBAD, CA 92009-7842 EDWIN W ALLARD 3301 PIRAGUA ST CARLSBAD, CA 92009-7842 MICHAEL S & KAREN BURCH 3302 PIRAGUA ST CARLSBAD, CA 92009-7841 LUCILLE D FAULKNER 3304 PIRAGUA ST CARLSBAD, CA 92009-7841 ROBERT W & MICHELLE DOBSON 3306 PIRAGUA ST CARLSBAD, CA 92009-7841 HALL 3308 PIRAGUA ST CARLSBAD, CA 92009-7841 JORDHEIM FAMILY 3311 CABO CT CARLSBAD, CA 92009-7803 M J I 3312 CABO CT CARLSBAD, CA 92009-7803 HAWKS VIEW GROUP 3312 CABO CT CARLSBAD, CA 92009-7803 JOHN J MITCHELL *B* 3302 VENADO ST CARLSBAD, CA 92009-7849 RICHARD & TERI MACY 3306 VENADO ST CARLSBAD, CA 92009-7849 JUDITH L SEGAL 7613 ROMERIA ST CARLSBAD, CA 92009-8348 WELCH 3327 FOSCA ST CARLSBAD, CA 92009-7835 BEATRICE R KANE 3325 FOSCA ST CARLSBAD, CA 92009-7835 JAMES A SNOW 3323 FOSCA ST CARLSBAD, CA 92009-7835 *** 24 Printed *** Etiquettes faciles a peler Utiiisez le gabarit AVERY® 5160®Sens de chargement Consultez la feuilie d'instruction www.avery.com 1-800-GO-AVERY