HomeMy WebLinkAboutMS 10-02; Bressi Ranch Lot 12 Building L; Minor Subdivision (MS)<«»^ CITY OF
^ CARLSBAD
Community & Economic Development www.carisbadca.gov
June 1, 2010
Kelly Capital Group Inc.
406 9*^ Avenue, Suite 309
San Diego, CA 92101
FINAL APPROVAL OF TENTATIVE PARCEL MAP
Project ID: MS 10-02
Project Name: Bressi Ranch Lot 12 / Building "L"
Whereas no review of the Preliminary Approval letter dated May 19, 2010 was requested within the
required time, the subject tentative parcel map has been approved per the findings and conditions set
forth in said Preliminary Approval letter.
As required by Carlsbad Municipal Code Section 20.24.140(e), notice of this final decision will be sent to
all property owners within 300 feet of the project. Per Carlsbad Municipal Code Section 20.24.140(b)
and the California Subdivision Map Act Section 66452.5, any interested person adversely affected by this
decision of the City Engineer may appeal the decision to the City Council. Such appeal must be filed in
writing with the City Clerk within 10 calendar days of the date of this notice. At the time of filing the
appeal, the appeal fee as listed in the current Carlsbad Development Fees schedule must be paid. If you
have questions regarding the appeal process, please contact the City Clerk's office at (760) 434-2808.
If you have any project-related questions, please contact the Project Engineer, Clyde Wickham, at 760-
602-2742 or via email at clyde.wickham@carlsbadca.gov. If you have any planning-related questions,
please contact the Project Planner, Gina Ruiz, at 760-602-4675.
Sincerely,
Glen Van Peski, P.E.
Senior Civil Engineer
cc: Engineer of Work
Project Engineer, then file
Gina Ruiz, Planner
Andrew Kann, RCE, Omega Engineering
Planning Senior Management Analyst
Senior Office Specialist, Land Development Engineering
Land Development Engineering
1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2740 I 760-602-1052 fax DOCDR-06-27
05/10/2010
<X^> CITY OF
'^CARLSBAD
Community & Economic Devejiopment www.carisbadca.gov
May 19, 2010
Kelly Capital Group Inc.
406 9**" Avenue, Suite 309
San Diego, CA 92101
TENTATIVE PARCEL MAP
Project ID: MS 10-02
Project Name: Bressi Ranch Lot 12 / Buildina "L"
The City Engineer has completed a review of the application for a tentative parcel map located
at 2784 Gateway Road, on Lot 12 of CT 05-07. The City Engineer has made a preliminary
decision pursuant to Section 20.24.120 of the City of Carlsbad Municipal Code to approve this
tentative parcel map based on the findings and subject to the conditions listed below.
Please review the following findings and conditions for this tentative parcel map. If you have
concerns or comments, you may request a review of this preliminary decision in writing. Such
request must be received by the City Engineer within 10 calendar days of the date of this
preliminary approval. Upon receiving such written request, the City Engineer will arrange a time
and place for such review. If after 10 days no request is made, or following a requested review
of this preliminary approval, the City Engineer will issue a final approval letter for this tentative
parcel map.
Findings:
1. That 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 Division) of the State CEQA Guidelines and will not have any adverse
significant impact on the environment in that the property is in an urbanized area; zoned
for residential; is being subdivided into four or fewer parcels; no variances are needed
for the subdivision; all services for the lots are available; the parcel was not part of a
larger subdivision within the last two years; and the parcel does not have an average
slope greater than 20 percent.
2. The City Engineer has determined that:
a) The proposed map and the proposed design and improvement of the subdivision,
as conditioned, is consistent with and satisfies all requirements of the General
Land Development Engineering
1635 Faraday Ave. I Carlsbad, CA 92008 i 760-602-2740 I 760-602-1052 fax
Preliminary Decision Letter
Bressi Ranch Lot 12, MS 10-02
May 19, 2010
Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal
Code and the State Subdivision Map Act and,
b) The site is physically suitable for the type and density of the development
proposed, in that the proposed subdivision meets all development standards for
the creation of a standard lot in terms of access, minimum lot size, lot width and
setbacks; and,
c) The design of the subdivision and improvements are not likely to cause
substantial environmental damage nor substantially and avoidably injure fish and
wildlife or their habitat, in that the proposed development does not contain any
significant habitat and no significant wildlife or habitat will be impacted by the
project; and,
d) The design of the subdivision and improvements are not likely to cause serious
public health problems, and the discharge of storm water from the subdivision
complies with current California Regional Water Quality Control Board
requirements and the City of Carlsbad Standard Urban Stormwater Mitigation
Plan (SUSMP) requirements, in that the project proposes no additional
development or construction; and,
e) 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 shall delineate and preserve on the parcel map,
all existing easements of record; and,
f) The property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act);
CONDITIONS:
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 or building permit,
whichever is first.
General
1. This approval is granted subject to the approval and conditions of PUD 10-01.
2. Developer shall submit to the City Engineer a reproducible 24" x 36" photo mylar of the
tentative parcel map reflecting the conditions approved by the final decision-making body.
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
Preliminary Decision Letter
Bressi Ranch Lot 12, MS 10-02
May 19, 2010
plans, final map, improvement plans, or grading plans, whichever occurs first.
3. Unless a standards variance has been issued, no variance from City Standards is
authorized by virtue of approval of this tentative parcel map.
4. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time building permits are issued.
5. If any condition for construction of any public facilities, or 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 Engineer
determines that this project without this condition complies with the requirements of the law.
6. 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.
7. Developer shall submit to the City Engineer an acceptable instrument via CC&R's and/or
other recorded document addressing the maintenance, repair, and replacement of shared
private improvements within this subdivision, including but not limited to private driveways,
parking areas, landscaping, irrigation, utilities, street trees, sidewalks, street lighting, water
quality treatment facilities, storm drainage facilities, etc. located therein and to distribute the
costs of such maintenance in an equitable manner among the owners of the properties
within this subdivision.
8. 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 processing fees per the City's latest fee schedule.
Fees/Agreements
9. Developer is required to pay all required fees and deposits prior to approval of the parcel
map.
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
Preliminary Decision Letter
Bressi Ranch Lot 12, MS 10-02
May 19, 2010
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 17, pursuant to Chapter 21.9. All such taxes/fees
shall be paid at issuance of building permits. If the taxes/fees are not paid, this approval will
not be consistent with the General Plan and shall become void.
11. Developer shall cause property owner to apply for and obtain reapportionment of the
assessments imposed on the subject project in accordance with law governing the
associated Poinsettia Lane East Assessment District, or the assessments must be paid in
full. Developer shall pay all associated costs of said reapportionment. The application shall
be submitted to the City Engineer with the application for the parcel map.
12. The subject property is within the boundaries of Assessment District No. 2002-01
(Poinsettia Lane East). The owner of this property has previously executed a Special
Assessment District Disclosure Agreement with the City. Said Agreement contains
provisions requiring the current owner and any subsequent owner(s) to provide notice to
potential buyers of the amount of the assessment and other provisions and requires owner
to have each buyer receive, execute and deposit into escrow a Notice of Special
Assessment and Prepayment Option Agreement. In the event that owner does not have
the buyer execute the Notice of Special Assessment and Prepayment Option Agreement
prior to close of escrow, the assessment on the subject property must be paid off In full by
owner.
Grading
13. Developer shall comply with the latest version of the City's Stormwater Regulations and
shall Implement best management practices at all times. Best management practices
Include, but are not limited to, pollution treatment 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.
Utilities
14. 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.
15. Prior to issuance of building permits. Developer shall pay all fees, deposits, and charges for
connection to public facilities.
Preliminary Decision Letter
Bressi Ranch Lot 12, MS 10-02
May 19, 2010
16. The design and operation of the proposed water system shall comply with the following:
A. Sub-meters may be Installed for portions of this project in lieu of
separate potable water meters for each separately owned unit. The sub-
meters shall be privately owned and maintained by the Property Owners
Association (POA) or Operator of this facility. It shall be the
responsibility of the POA/Operator to apportion the water bill to the
separate sub-metered ownership within each building served by a City
water meter.
B. Owners and tenants of the units shall be notified that the City may
shutoff water ser\'ice to the entire building if adequate payment of the
water bill is not made.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
17. This tentative parcel map will expire thirty-six (36) months from the date of the final
approval notice issued by the City Engineer.
18. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and
Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips
(ADT) and floor area shown on the tentative parcel map are for planning purposes only.
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 piotest 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
Preliminary Decision Letter
Bressi Ranch Lot 12, MS 10-02
May 19, 2010
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.
If you have any questions regarding the above, please contact the Project Engineer, Clyde
Wickham at 760-602-2742. If you have any planning-related questions, please contact the
Project Planner, Gina Ruiz, at 760-602-4675.
Sincerely,
Glen Van Peski, P.E.
Senior Civil Engineer
cc: Project Engineer, Clyde Wickham
Project Planner, Gina Ruiz
Senior Office Specialist, Land Development Engineering
MS File