HomeMy WebLinkAboutMS 99-03; Dolkas Layland; Minor Subdivision (MS)City of Carlsbad
Public Works — Engineering
Mary Dolkas
1173 Oak Ave.
Carlsbad CA 92008
December 8,1999
PROPOSED MINOR SUBDIVISION NO. 99 - 03
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.
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. The parcel map shall comply with the Planning Department memorandum and
conditions for Minor Subdivision No. 99-03, dated 12/7/99 (Attached Hereto).
2. The developer shall provide the City with the approved tentative parcel map. The map
shall be to scale on a reproducible 24" x 36" xerox mylar or photo mylar. It shall reflect
the conditions of approval by the City. The reproducible shall be submitted to the City
Engineer, reviewed and signed by the City's project engineer and project planner prior to
submittal of the building plans, parcel map, improvement or grading plans, whichever
occurs first.
3. The developer shall defend, indemnify and hold harmless the City and its agents,
officers, and employees from any claim, action or proceeding against the City or its
agents, officers, or employees to attack, set aside, void or null an approval of the City,
the Planning Commission or City Engineer which has been brought against the City
within the time period provided for by Section 66499.37 of the Subdivision Map Act.
4. The net developable acres shall be shown for each parcel.
Fees/Agreements
5. The developer shall pay all current fees and deposits required.
6. The owner shall execute a hold harmless agreement for drainage.
7. The owner shall enter into a lien contract with the City for the future public improvement
of Oak Ave. along the subdivision frontage for a half street width of 30'. Public
improvements shall include but not be limited to paving, base, sidewalks, curbs and
gutters, medians, grading, clearing and grubbing, undergrounding or relocation of
utilities, sewer, water, fire hydrants, street lights and retaining walls.
8. Prior to approval of the parcel map for this project, the owner shall give written consent
to the annexation of the area shown within the boundaries of the subdivision into the
2075 Las Palmas Dr. • Carlsbad, CA 92009-15^6 • (760) 438-1161 • FAX (760) 431-5769
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existing City of Carlsbad Street Lighting and Landscaping District No. 1 on a form
provided by the City.
9. No grading is proposed or hereby approved by virtue of this subdivision. The design of
this subdivision indicates a retaining wall is proposed to control drainage across the
adjacent property. The construction of the retaining wall shall be part of the building
permit or grading permit issued separate from this approval.
Dedications/Improvements
10. The owner shall make an offer of dedication to the City for all public streets and
easements required by these conditions or shown on the tentative parcel map. The
offer shall be made by a certificate on the parcel map for this project. All land so offered
shall be granted to the City free and clear of all liens and encumbrances and without
cost to the City. Streets that already public are not required to be rededicated.
Parcel Map Notes
11. Note(s) to the following effect(s) shall be placed on the parcel map as non-mapping
data:
Building permits will not be issued for development of the subject property unless
the District Engineer determines that sewer facilities are available.
Code Reminder
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
12. The tentative parcel map approval shall expire twenty-four (24) months from the date of
the letter containing the final decision for tentative parcel map approval.
13. The developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance
with the Carlsbad Municipal Code and the City Engineer.
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.
Robert J. Wojcik
Deputy City Engineer
Land Development Division
December?, 1999 IH'
.• M, ,;'.;•: J '• -K •
TO: ClydeWickham , • ,< ; , :n
FROM: Assistant Planning Director
RE: MS 99-03 DOLKAS-LAYLAND
The Planning Department has completed a review of the application for a two lot minor subdivision,
creating one panhandle lot located at 1173 Oak Avenue in the R-1-7500 zone. After careful
consideration of the circumstances surrounding this request, the Planning Director has determined that
the findings required for approving a lot split creating one or more panhandle lots, CAN be made and,
therefore, recommends APPROVAL of this request based on the findings and conditions:
Findings
1. The properties cannot be served adequately with a public street without panhandle lots due to
unfavorable conditions resulting from the lot's configuration.
2. Subdivision with panhandle lots will not preclude or adversely affect the ability to provide full
public street access to other properties within the same block.
3. That the buildable portion of the lot consists of 8,014 square feet, which meets the requirements
of Section 21.10.080(c) of the Carlsbad Municipal Code.
4. That the front, side and rear property lines of the buildable lot, for purposes of determining
required yards, are as shown on Exhibit "A"
5. That any panhandle lot hereby approved satisfies all the requirements of Section 21.10.080(d) of
the Carlsbad Municipal Code.
6. The proposed subdivision is consistent with all elements of the City's General Plan. The project
density of 4.8 du/acre does not exceed the 6 du/acre growth management control point for the R-
M land use designation.
7. The proposed project will not result in adverse environmental impacts, and it has been found to
be exempt from the California Environmental Quality Act per Section 15305, which specifically
exempts minor subdivisions and panhandle lot subdivisions in developed areas and in the R-l
zone.
8. The project is consistent with all City public facility policies and ordinances, and with Title 21 of
the City's Municipal Code.
9. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 1 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
MS 99-03 DOLKAS-LAYi-JsID
December?, 1999
Page 2
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.
10. That this project could have a potentially significant negative cumulative traffic impact on the
Palomar Airport Road/ El Camino Real intersection. However, this project has been conditioned
to pay its fair share of the "short-term improvements" thereby, guaranteeing implementation of a
mitigation measure that reduces the potential impact to a level of insignificance.
Conditions
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;
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. Approval is granted for MS 99-03 as shown on Exhibit "A", dated November 17, 1999,
incorporated by reference and on file in the Planning Department. Development shall occur
substantially as shown unless otherwise noted in these conditions.
3. The panhandle lots shall each have three non-tandem parking spaces with an approach not less
than twenty-four feet in length with a proper turnaround area to permit complete turnaround for a
forward access to the street. Said parking and turnaround shall be subject to the approval of the
City Engineer.
4. Structures permitted in the access portion of the lots shall be limited to mailboxes, fences, trash
enclosures, landscape containers and nameplates. Except for mailboxes, the structures shall not
be greater than forty-two inches in height if located within twenty feet of the street property line
or greater than six feet in height beyond this point.
5. 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.
6. The buildable portions of the panhandle lots shall be all portions of the lots that have width of
greater than thirty-five feet.
7. The front yard of parcel No. 2 is defined as a line measured parallel to the western property line
and the front yard of parcel No. 1 is defined as a line measured parallel to the northern property
line.
8. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the MS 99-03 documents, as necessary to make them internally consistent and
in conformity with the final action on the project. Development shall occur substantially as
MS 99-03 DOLKAS-LAY^ vND
December?, 1999
Page 3
shown on the approved Exhibits. Any proposed development different from this approval, shall
require an amendment to this approval.
9. The Developer shall comply with all applicable provisions of federal, state, and local ordinances
in effect at the time of building permit issuance.
10. 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.
11. The 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 non-discretionary, 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.
12. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from
the School District that this project has satisfied its obligation to provide school facilities.
13. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
14. 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.
15. At issuance of building permits, or prior to the approval of a final map and/or issuance of
certificate of compliance for the conversion of existing apartments to air-space condominiums,
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.
16. 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.
17. 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 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 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building
permit. If the taxes/fees and not paid, this approval will not be consistent with the General Plan
and shall become void.
MS 99-03 DOLKAS-LAYb^ND
December?, 1999
Page 4
18. 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.
19. Addresses, approved by the Building Official, shall be placed on all new and existing buildings
so as to be plainly visible from the street or access road; color of identification and/or addresses
shall contrast- to their background color, as required by Carlsbad Municipal Code Section
18.04.320.
20. The Developer shall pay his fair share for the "short-term improvements" to the El Camino Real/
Palomar Airport Road intersection prior to the issuance of a building permit. The amount shall
be determined by the methodology ultimately selected by Council , including but not limited to,
an increase in the city-wide traffic impact fee; an increased or new Zone LFMP fee; the creation
of a fee or assessment district; or incorporation into a Mello-Roos taxing district.
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.
GW:CD:cs
Bobbie Hoder
File Copy
Data Entry