Loading...
HomeMy WebLinkAboutMS 15-13; QUARRY CREEK PA R-1 & R-2; Minor Subdivision (MS)March 21, 2016 SB&O Inc. c/o Aron Parker {'city of Carls Dad ·3990 Ruffin Road Suite 120 San Diego CA 92123 SUBJECT: Dear Mr. Parker MS 15-13-QUARRY CREEK PLANNING AREAS R-1 AND R-2-REQUEST FOR APPROVAL OF A TENTATIVE PARCEL MAP MS 15-ia; -TO RECONFIGURE TWO LOTS INTO A 3.22 . . :-~ ~ - ACRE PARCEL 1 AND 15.25 ACRE PARCEL 2 AT PROPERTY LOCATED SOUTH OF HAYMAR STREET AND WEST OF COLLEGE BOULEVARD, IN THE QUARRY CREEK MASTER PLAN AND IN LOCAL FACILITIES MANAGEMENT ZONE 25. The City Planner has completed a review of the application for a tentative parcel map located south of Haymar Steet and west of College Boulevard. The City Planner has made a 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. 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 approval is to grant a reconfiguration of two exi~ting lots which have been mass graded and prepared for development pursuant to the c~rtifica'ii~m of an Environmental Impact Report EIR 11- 02 for the Quarry Creek Master Plan. · ·~~' 2. 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 Municip!31 Code and the State Subdivision Map Act, and will not cause serious public health problems, in that all necessary public infrastructural improvements will be ,-pr-ovided~concurrent-with~the~future-development~of-the-mass~graded / parcels. 3. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for the future development of multi-family residential housing in the Quarry Creek Master Plan as Planning Areas R-1 and R-2 and on the General Plan, in that the surrounding properties have also been designated for future development consistent with the Quarry Creek Master Plan to provide open space, circulation, recreational opportunities, and additional multi-family and one-family development. Community & Economic Development Planning Division 11635 Faraday Avenue Carlsbad, CA 92008-73141760-602-4600 1760-602-8560 f I www.carlsbadca.gov MS 15-13-QUARRY CREEK PLANNING AREAS R-1 AND R-2 March 21, 2016 Pa e 2 4. That the site is physically suitable for the type anQ density of the development since the site is adequate in size and shape to accommodate reside~ti,al development at the density proposed, in that the future development of Parcels 1 and 2 will be consistent with the development projections of the Quarry Creek Master Plan and development standards approved for the two planning areas within the Master Plan. 5. 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 access to the two parcels will be provided through a private street to the east of the parcels and from public streets to the north and west of the two parcels and all required utility and access easements have been appropriately coordinated to coexist with the boundaries of the properties. 6. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 7. 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 large development pads are created which offer the opportunity to design the sites to achieve the desired passive or natural heating and cooling. . ii . 8. That the City Planner has considered, in connectiorr'V\fith the housing proposed by this subdivision, the housing needs of the region, and balanced those ho'using needs against the public service needs of the City and available fiscal and environmental resources. 9. 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 property has been fully disturbed consistent with a previous environmental analysis and was subject to mitigation measures pursuant to that previous environmental document. 10. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that future development will be designed in accordance with the latest orders established by the regional water quality control board. 11. That the City Planner finds that the project, as conditioned herein, is in conformance with the City's G.eneral Plan in that the re-subdivision of the two existing parcels into different configurations for future development does not alter the existing R-23 General Plan land use and does not preclude the properties for future development consistent with the General Plan goals and policies. ' 12. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 25 and all City publiCJfacility policies and ordinances. The project includes elements or has been conditioned to c6h.§tt:uct or provide funding to ensure that all facilities and improvements regarding sewer collectidn 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, MS 15-13-QUARRY CREEK PLANNING AREAS R-1 AND R-2 March 21, 2016 Pa e 3 a. The project has been conditioned to provide proof from the Carlsbad Unified 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 25 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 13. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50).;~' .. ~-::·; t- 14. 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 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, building permit, or grading permit, whichever is first. 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 MiflOr Subdivision. 2. Approval is granted forMS 15-13 as shown on Exhibits "A"-"H," dated March 21, 2016, on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 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 the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 4. 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 15-13-QUARRY CREEK PLANNING AREAS R-1 AND R-2 March 21, 2016 Pa e 4 5. If any condition for construction of any public imprM~ments 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. 6. 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 everi ifthe City's approval is not validated. 7. Developer shall submit to the City Planner a reproducible 24" x 36," mylar copy of the Tentative Parcel Map reflecting the conditions approved by the final decision-making body. '-t~-8. This project shall comply with all cenditions·and mltig~~ionmeasures which are required as part of the Zone 25 Local Facilities Management Plan and a11Y amendments made to that Plan prior to the issuance of building permits. 9. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application, any change in the telecommunications provider, or any transfer in ownership of the site. 10. Prior to the issuance of the Final Map, 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 City Planner, notifying all interested parties and successors in interest that the City of (:arlsbad has issued a(n) Minor Subdivision by City Planner letter of approval 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. 11. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities District · or other financing mechanism which is inconsistent. with City Council Policy No. 38, by allowing a • • ~ . .:1 pass-through of the taxes or fees to individual home~ .. lp;pyers,.then in addition to any other disclosure required by law or Council policy, the Developer shall disclose to future owners in the project, to the maximum extent possible, the existence of the tax or fee, and that the school district is the taxing agency responsible for the financing mechanism. The form of notice is subject to the approval of the City Planner and shall at least include a handout and a sign inside the sales facility stating the fact of a potential pass-through of fees or taxes exists and where complete information regarding those fees or taxes can be obtained. MS 15-13-QUARRY CREEK PLANNING AREAS R-1 AND R-2 March 21, 2016 Pa e 5 Engineering 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, building or grading permit whichever occurs first. General 12. 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. 13. 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. 14. Developer shall submit to the city planner, a reproducible 24" x 36," mylar copy of the site plan and conceptual grading plan, preliminary utility plan reflecting the conditions approved by the final decision making body. The reproducible shall be submitted to the city planner, reviewed and, if acceptable, signed by the city's project engineer and project planner prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first. 15. Developer shall submit to the city engineer an acceptable instrument or other recorded document, addressing the maintenance, repair, and replacement of shared private improvements within this subdivision, including but not limited to private streets, utilities, street trees, sidewalks, landscaping, street lighting, enhanced paving, water quality treatment measures,· low impact development features, storm drain 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. 16. Developer shall prepare, submit and process for ci:t\cergineer approval a parcel map to subdivide this project. There shall be one Parcel Map re~ordecf'for this project. Develop~r shall pay the city standard map review plan check fees. 17. 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 18. 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. 19. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 20. Developer shall cause property owner to submit an executed copy to the city engineer for recordation a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement. '" -t I·~ I t'•' •• • 4, •. :; MS 15-13-QUARRY CREEK PLANNING AREAS R-1 AND R-2 March 21, 2016 Page 6 ,:;:·,, 21. Developer shall cause property o~ner to apply fo~, :,~iecute, and submit, to the city engineer for recordation, an Encroachment Agreement covering private improvements including but not limited to private storm drain, private curb and gutter and landscaping located over the proposed CMWD · easement and city general utility easement as shown on the tentative parcel map/site plan. Developer shall pay processing fees per the city's latest fee schedule. Grading 22. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports for city engineer review, post security and pay all applicable grading plan review and permit fees per the city's latest fee schedule. 23. Supplemental grading plans are required for precise grading associated with this project. Developer shall prepare, and submit for approval, grading plans for the precise grading as shown on the parcel map all subject to city engineer approval. 24. The project requires grading beyond the City of Carlsbad boundary. Developer shall apply for and obtain a grading permit from the City of Oceanside for the grading shown within the City of Oceanside. {"·'_<~-~ .. 1 25. Developer shall comply with the city's stormwater re'gLiations, 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 s.hall notify prospective owners and tenants of the above requirements. 26. Prior to the issuance of a grading permit, developer shall submit to the city engineer receipt of a Notice of Intent from the State Water Resources Control Board. 27. Prior to the issuance of grading permit or building permit, whichever occurs first, developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan {TIER 3 SWPPP). The TIER 3 SWPPP shall comply with current requirements and provisions established by the San Diego Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff during construction ofthe project to the maximum extent practicable. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 28. Developer shall prepare and submit an updated StorM, Water Management Plan {SWMP), subject to city engineer approval, to demonstrate that the design of this project is consistent with the design assumptions in previously approved Quarry Creek Master SWMP and that no design changes are necessary to the existing bioretention BMPs per rough approved grading plan, DWG 484-5A. In addition, the developer shall use low impact development (site design) approaches to ensure that .runoff from impervious areas (roofs, pavement, etc.) are drained through landscaped {pervious) areas prior to discharge. Developer shall pay all applicable SWMP plan review and inspection fees per the city's latest fee schedule. MS 15-13-QUARRY CREEK PLANNING AREAS R-1 AND R-2 March 21, 2016 Pa e 7 29. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc.) incorporate all source control, site design, treatment control BMP, applicable hydromodification measures, and Low Impact Design (LID) facilities. Dedications/Improvements 30. Developer shall cause owner record a covenant of private drainage easement over portions of Parcel 2 for the benefit of Parcell as shown on the tentative map. 31. Developer shall cause owner to dedicate to the· Ciw;a general utility easement within Private Driveway A as shown on the tentative parcel map._ Th'e offer shall be made by a certificate on the final map or separate recorded document. All land so offered shall be free and clear of all liens and encumbrances and without cost to the city. Additional easements may be required at final design to the satisfaction of the city engineer. 32. Developer shall cause owner to dedicate to the city, a public access easement within Private Driveway A as shown on the tentative parcel map. The offer shall be made by a certificate on the final map or separate recorded document. All land so offered shall be free and clear of all liens and encumbrances and without cost to the city. Additional easements may be required at final design to the satisfaction of the city engineer. 33. Developer shall cause owner to dedicate to CMWD a water easement within Parcel 2 as shown on the tentative parcel map. The offer shall be made by a certificate on the final map or separate recorded document. All land so offered shall be free and clear of all liens and encumbrances and without cost to CMWD. Additional easements may be required at final design to the-satisfaction of the city engineer. 34. Developer shall cause owner to dedicate to the city, a public emergency access easement within Parcel2 as shown on the tentative parcel map. The. offer shall be made by a certificate on the final rnap or separate recorded document. All land so uff~red shall be free and clear of all liens and encumbrances and without cost to the city: Additional' easements may be required at final design to the satisfaction of the city engineer. 35. Developer shall cause owner to dedicate to the City a general utility easement for the proposed sewer and water mains located along the southern boundary of Parcel 2 as shown on the tentative parcel map. The offer shall be made by a certificate on the final map or separate recorded document. All land so offered shall be free and clear of all liens and encumbrances and without cost to city. Additional easements may be required at final design to the satisfaction of the city engineer. 36. Developer shall cause owner to abandon the existing public pedestrian/trail easement and to dedicate new public trail easement along the southern property boundary of Parcel 2 as shown on the tentative parcel map. The offer shall be made by a certificate on the final map or separate recorded document. All land so offered shall be free and clear of all liens and encumbrances and without cost to city. Additional easements may be required at final design to the satisfaction of the city engineer. MS 15-13-QUARRY CREEK PLANNING AREAS R-1 AND R-2 March 21, 2016 Page 8 : j ~.: \ 37. Developer shall design the Private Driveway "A", as shown on the tentative map to the satisfaction of the city engineer. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private streets. 38. 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. 39. 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 20.16.070 for public improvements shown on the tentative parcel map. Said improvements shall be installed to city standards to the satisfaction of the city engineer. These improvements include, but are not limited to: 1) Private Driveway "A" 2) An 8" potable water main within Private Driveway A and Parcel 2 3) A 6" recycled water main within Private Driveway A and parcel 2 4) An 8" sewer main within Private Driveway A'.and Parcel2 ... >.,.~; J Developer shall pay the standard improvement plan check and inspection fees. 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. 40. Developer shall pay plan check and inspection fees using improvement valuations in accordance 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. 41. Developer shall provide all-weather maintenance access roads to the public drainage facilities for this project to the satisfaction of the city engineer. Where maintenance access roads are not practical and/or permitted, developer shall incorporate low-maintenance design features to the satisfaction of the city engineer Non-Mapping Notes 42. Add the following notes to the final map as non-mapping data: A. Developer has executed a city standard Subdivi~ion Improvement Agreement and has posted security in accordance with C.M.C. Section 20.1~.070 to install public improvements shown on the Parcel Map. These improvements include, btl~re not limited to: 1) Private Driveway "A" 2) An 8" potable water main within Private Driveway A and Parcel 2 3) A 6" recycled water main within Private Driveway A and parcel 2 4) An 8" sewer main within Private Driveway A and Parcel2 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. MS 15-13-QUARRY CREEK PLANNING AREAS R-1 AND R-2 March 21, 2016 Pa e 9 C. Geotechnical Caution: 1) Slopes steeper than two parts horizontal to one part vertical exist within the boundaries of this subdivision. 2) 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 su~division due to its construction, operation or maintenance. . · ~~:;: D. 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. E. ·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. F. 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. Utilities ~'.i~ '· •• ' 1 l: 43. Developer shall meet with the fire marshal to determine fire protection measures (fire services, fire flows, fire hydrants and building sprinklers) required to serve the project. Fire hydrants and building sprinklers served by private onsite fire water main shall be designed to the satisfaction of the Fire Marshal. 44. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 45. The developer shall install sewer laterals and clean-outs at locations approved by the city engineer. The locations of sewer laterals shall be reflected on private improvement plans. 46. The developer shall 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 a.pproval by the district engineer. J .· MS 15-13-QUARRY CREEK PLANNING AREAS R-1 AND R-2 · March 21, 2016 Page 10 Code Reminders ?' .·. The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 47. This tentative map shall expire two years from the date on which the City Planner approved this application. 48. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 ofthe Carlsbad Municipal Code. 49. 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 contained in the staff report and shown on the tentative map are for planning purposes only. 50. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final parcel map as required by Chapter 20.44 of the Carlsbad Municipal Code. 51. Prior to the issuance of a building permit, Developer. shall pay a Public Facility fee as required by Council Policy No. 17. 52. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management fee for Zone 25 as required by Carlsbad Municipal Code Section 21.90.050. 53. Developer shall pay a landscape planch.eck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 54. 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. . ·j I ·.fr:: • ~.