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HomeMy WebLinkAboutMS 10-05; Sharp Family Limited Partnership; Minor Subdivision (MS)CITY OF V'CARLSBAD Community & Economic Development www.carlsbadca.gov January 18, 2011 Sharp Family Limited Partnership Attn: Steve Sharp 1035 E. Vista Way, Ste 113 Vista, CA 92084 PRELIMINARY DECISION LETTER OF TENTATIVE PARCEL MAP Project ID: MS 10-05 Project Name: Sharp Family Limited Partnership APN: 211-060-14 and 15 The city engineer has completed a review of the application for a tentative parcel map located at 5500 and 5550 Paseo Del Norte. 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 city planner has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15315 (Minor Land Division) of the State CEQA Guidelines and will not have any adverse significant impact on the environment in that the property is in an urbanized area; zoned for commercial; 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 Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code and the State Land Development Engineering Division "wwow 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-2740 f 760-602-1052 © MS 10-05 January 13, 2011 Page 2 Subdivision Map Act, in that the lots being created satisfy all minimum requirements of Title 20 regarding lot sizes and configuration and have been designed to comply with all other applicable regulations; 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 no development is proposed as a part of this subdivision: 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. General 1. This approval is granted subject to the approval of CDP 10-30 and is subject to all conditions for those other approvals. 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 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. Doc DR-06-23 07/30/2010 MS 10-05 January 13, 2011 PageB 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 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. 8. Developer shall install sight distance corridors at all street intersections and driveways in accordance with city Engineering Standards. The property owner shall maintain this condition. Fees/Agreements 9. Developer is required to pay all required fees and deposits prior to approval of the parcel map. 10. 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. 11. 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 12. 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 control practices or devices, erosion control to prevent silt runoff during Doc DR-06-23 07/30/2010 MS 10-05 January 13, 2011 Page 4 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. 13. Developer shall incorporate measures with this project to comply with Standard Stormwater Requirements per the city's Standard Urban Stormwater Management Plan (SUSMP). These measures include, but are not limited to: 1) reducing the use of new impervious surfaces (e.g.: paving), 2) designing drainage from impervious surfaces to discharge over pervious areas (e.g.: turf, landscape areas), 3) and designing trash enclosures to avoid contact with storm runoff, all to the satisfaction of the city engineer. Non-Mapping Notes 14. Note(s) to the following effect(s) shall be placed on the parcel map as non-mapping data: A. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. B. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to encroach within the area identified as a sight distance corridor as defined by City of 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. Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 15. This tentative parcel map will expire thirty-six (36) months from the date of the final approval notice issued by the city engineer. 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." Doc DR-06-23 07/30/2010 MS 10-05 January 13, 2011 PageS You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a) and file the protest and any other required information with the city manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges; to planning, zoning, grading, or other similar application processing or service fees in connection with this project; or to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. If you have any questions regarding the above, please contact the Project Engineer, David Rick at 760- 602-2781. If you have any planning-related questions, please contact the Project Planner, Gina Ruiz, at 760-602-4625. Sincerely, Glen K. Van Peski, P.E., P.L.S. City Engineer cc: Project Engineer, David Rick Project Planner, Gina Ruiz Fire Department, Gregory Ryan Senior Office Specialist, IDE Associate Analyst, IDE (scanned copy to MS File) \/ Ronald Holloway, BHA, Inc., 5115 Avenida Encinas, Suite L, Carlsbad, CA 92008 Doc DR-06-23 07/30/2010 A > CITY OF CARLSBAD Community & Economic Development www.carlsbadca.gov February 3, 2011 Sharp Family Limited Partnership Attn: Steve Sharp 1035 E. Vista Way, Ste 113 Vista, CA 92084 FINAL DECISION LETTER OF TENTATIVE PARCEL MAP Project ID: MS 10-05 Project Name: Sharp Family Limited Partnership APN: 211-060- 14 and 15 Whereas no review of the Preliminary Decision letter dated January 18, 2011 was requested within the required time, the subject tentative parcel map has been approved per the findings and conditions set forth in said Preliminary Decision 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, David Rick, at 760-602- 2781 or via email at david.rick@carlsbadca.gov. If you have any planning-related questions, please contact the project planner, Gina Ruiz, at 760-602-4675. Sincerely, Gren K. Van Peski, P.E., P.L.S. City Engineer cc: Engineer of Work Project Engineer, then file Planner, Gina Ruiz Fire Department, Gregory Ryan Senior Management Analyst, CED Senior Office Specialist, IDE Associate Analyst, IDE (scanned copy to MS file) \X" Ronald Holloway, BHA, Inc., 5115 Avenida Encinas, Suite L, Carlsbad, CA 92008 Land Development Engineering Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-2740 F 760-602-1052