HomeMy WebLinkAboutMS 04-06; MAY MINOR SUBDIVISION 3RD EXTENSION - AKA HUMPHREY RESIDENCE; Admin Decision LetterMaidl Ccityof
SmE COPY Carlsbad
May 11, 2018
Mary May
5258 Silkwood Dnve
Oceanside, CA 92056
SUBJECT: MS 04-06 (DEV04039) - MAY MINOR SUBDIVISION - EXTENSION
The Planning Division has completed a review of your application for the third Minor Subdivision
Extension (submitted on April 18, 2018) MS 04-06 - May Minor Subdivision, located on a 57-acre
parcel on the west side of El Camino Real south of Chestnut Avenue and north of Tamarack Avenue (APN
167-080-36-00) The project consists of a two-lot residential subdivision The Minor Subdivision was
originally approved by the City Engineer on April 21, 2005 and was due to expire on April 21, 2007 The
Minor Subdivision was subsequently extended for the first time by MS 04-06x1 with an expiration
date of April 21, 2009. Due to automatic time extensions by the California Government Code, the map
was extended until April 17, 2016. The Minor Subdivision was then extended for the second time by
MS 04-06x2 with an expiration date of April 16, 2018. Per Carlsbad Munlapal Code (CMC) Section
20.12.110.B.3, tentative map extension approvals shall be based on the onglnal approved date.
Therefore, the expiration date is April 21, 2018. On Apnl 18, 2018, the applicant filed a request for a
two-year extension pursuant to CMC Section 20.12.110
After careful consideration of the circumstances surrounding this request, it has been determined that
(1) the Minor Subdivision Extension was submitted in a timely manner prior to the code-mandated
expiration date of April 21,2018, (2) there has been no change of circumstances in relation to the Minor
Subdivision regulations (i e, Title 20 of the Carlsbad Municipal Code), (3) the project is still in
compliance with the Minor Subdivision regulations, and (4) the findings required for granting a Minor
Subdivision Extension can be made, therefore, the City Planner APPROVES the third Minor Subdivision
Extension MS 04-06 for two (2) years (from Apnl 17, 2018 to April 21, 2020), based on the following
findings and conditions
Findings:
1 That all of the findings contained in the Preliminary Decision Letter of Minor Subdivision MS
04-06, dated March 8, 2005 and Planning Department memorandum dated March 28, 2005,
apply to this extension and are incorporated herein by reference and remain in effect
2 That the third extension of Minor Subdivision MS 04-06 remains consistent with the General
Plan, all titles of the Carlsbad Municipal Code and growth management program policies and
standards in place at the time the extension was filed
3 That circumstances have not substantially changed since Minor Subdivision MS 04-06 was
originally approved
Community & Economic Development
Planning Division 11635 Faraday Avenue Carlsbad, CA 92008-73141760-602-46001760-602-8560f | wwwcarlsbadca gov
MS 04-06 (DEV04039) - MAY MINOR SUBDIVISION - EXTENSION
May 11, 2018
Page 2
4 That the third two-year extensioK Airlll iszj-z^is to April 21, 2020) is appropriate
because the owner/applicant is diligently pursuing finalizing all necessary permits, the project
remains consistent with the Minor Subdivision regulations (i e, Title 20 of the Carlsbad
Municipal Code), and the extension would allow the owner/applicant to preserve existing
property entitlSements while satisfying the conditions for the two-lot residential subdivision
Per CMC Section 20.12.110B.4.C, the City Planner may grant no more than three, two-year
extensions. This is the third extension of MS 04-06 - May Minor Subdivision.
5 That the City Planner has determined that the project belongs to a class of projects that the
State Secretary for Resources has found do not have a significant impact on the environment,
and It IS therefore categoncally exempt from the requirement for the preparation of
environmental documents pursuant to Section 15315 - Minor Land Divisions of the state CEQA
Guidelines In making this determination, the City Planner has found that the exceptions listed
in Section 15300 2 of the state CEQA Guidelines do not apply to this project
Conditions;
1 All of the conditions contained in Preliminary Decision Letter of Minor Subdivision MS 04-06,
dated March 8, 2005, Planning Department memorandum dated March 28, 2005, Minor
Subdivision Extension No. MS 04-06x1 letter dated August 8, 2008, and Minor Subdivision
Extension No. MS 04-06x2 letter dated May 2, 2016 are superseded by the conditions
contained in this approval
2 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 third
Minor Subdivision Extension.
3 Approval is granted for the third extension of MS 04-06 as shown on the approved exhibit for
MS 04-06, dated September 29, 2005, on file in the Planning Division and incorporated herein
by reference Development shall occur substantially as shown unless otherwise noted in these
conditions
4 Staff IS authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Minor Subdivision Extension 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.
5 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 04-06 (DEV04039) - MAY MINOR SUBDIVISION - EXTENSION
May 11, 2018
Page 3
6 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
7 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 Extension, (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
8 Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from the Carlsbad Unified School District that this project has satisfied its obligation to
provide school facilities
9 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
10 Building permits will not be issued for this project unless the local agency providing water and
sewer services to the project provides wntten 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 shaii be placed on the Final
Map.
11 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 mclusionary housing in-ileu 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
12 Developer shali 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 are not paid, this approval will not be consistent with the General Plan
and shall become void
MS 04-06 (DEV04039) - MAY MINOR SUBDIVISION - EXTENSION
May 11, 2018
Page 4
13 Developer shall report, in writing, to the City Planner within 30 days, any address change from
that which is shown on the permrt application, any change in the telecommunications provider,
or any transfer in ownership of the site
14 If sati^ction 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 pass-through of the taxes or fees to individual home buyers, then in addition to any
other disclosure required by law or Council policy, the Developer shall disclose to future owners
m 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
15 The Tentative Parcel Map Extension of MS 04-06 Is granted for a period of two (2) years from
Apni 17, 2018, to April 21, 2020. This is the final extension allowed by CMC Section 21.58.040.
16 Approval of this minor subdivision is subject to the conditions contained in Planning
Commission Resolution No. 6407 for Special Use Permit SUP 07-07. Special Use Permit SUP
07-07 IS extended concurrently with this map extension and shall expire on April 21, 2020.
Engineering;
General:
17 Prior to hauling dirt or construction matenals 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
18 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
19 Developer shall submit to the city planner, a reproducible 24" x 36", mylar copy of the site plan
and tentative map 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, or grading
plans, whichever occurs first
20 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 streets, utilities,
street trees, sidewalks, landscaping, street lighting, located therein and to distribute the costs of
such maintenance in an equitable manner among the owners of the properties within this
subdivision
21 Developer shall include ram gutters on the building plans subject to the city engineer's review
and approval Developer shall install ram gutters m accordance with said plans
MS 04-06 (DEV04039) - MAY MINOR SUBDIVISION - EXTENSION
May 11, 2018
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22 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 the city standard map review pdan check fees
Fees/Agreements
23 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
24 Developer shall cause property owner to execute and submit to the city engineer for
recordation the city's standard form Drainage Hold Harmless Agreement
25 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 (required only if project is determined to be a priority development
project (PDP))
26 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 Distnct 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
27 Developer shall enter into Local Improvement District Agreement to pay fair share contributions
for undergrounding of all existing overhead utilities and installation of street lights, as needed,
along the subdivision frontage, should the future distnct be formed
28 Access for the subject property as well as adjacent properties will be via a private frontage
road with a single access point to El Camino Real as shown on the tentative map. The access
to El Cammo Real will be restncted to right-in/nght-out access only. The private road will be
improved to Gty Standards and maintained in accordance with a private road maintenance
agreement executed by all benefiting properties. The property owner agrees to participate
and not oppose the execution of the private road maintenance agreements with the property
owners.
Grading
29. 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 secunty and pay all applicable grading
plan review and permit fees per the city's latest fee schedule
30 Developer shall comply with the city's stormwater regulations, 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 shall notify prospective owners and tenants of the
above requirements
MS 04-06 (DEV04039) - MAY MINOR SUBDIVISION - EXTENSION
May 11, 2018
Page 6
31 Developer shall complete and submit to the city engineer a Determination of Project's SWPPP
Tier Level and Construction Threat Level Form pursuant to City Engineenng Standards
Developer shall also submit the appropnate Tier level Storm Water Compliance form and
appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) to the satisfaction of the
city engineer Developer shall pay all applicable SWPPP plan review and inspection fees per the
city's latest fee schedule
32 Developer shall complete and submit to the city engineer a Storm Water Standards
Questionnaire to determine the level of storm water standards that must be applied to the
proposed development. Depending on the outcome, the project will either be subject to
"Standard Project" requirements or 'Priority Development Project* (PDP) requirements. If the
project qualifies as PDP, developer shall prepare and submit to the City a Storm Water Quality
Management Plan (SWQMP) to comply with Carlsbad BMP Design Manual, latest version and
shall pay all applicable SWQMP plan review and inspection fees per the city's latest fee
schedule.
33 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 (if project is PDP), applicable hydromodificatlon measures (If project Is PDP), and
Low Impact Design (LID) facilities
Dedications/Improvements
34 Developer shall prepare and process public improvement plans and, pnor to city engineer
approval of said plans, shall execute a city standard Subdivision Improvement Agreement to
install and shall post security in accordance with CMC Section 2016 070 for public
improvements Said improvements shall be installed to city standards to the satisfaction of the
city engineer These improvements include, but are not limited to
1 Design and build El Camino Real improvements along the project frontage to prime
arterial standards, including full median and three westerly lanes
2 Design and build improvements for a private access road along the project frontage
Optionally, the developer may make a cash deposit for the full cost of the improvements to be
used by the city for their future construction
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
35 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 dram and
larger) shall be inspected by the city Developer shall pay the standard improvement plan check
and inspection fees for private drainage systems
36 Developer shall design the on-site fire service, as shown on the site plan, to the satisfaction of
the Fire Marshal
37 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 nght-of-way permit
prior to performing work in the city right-of-way
MS 04-06 (DEV04039) - MAY MINOR SUBDIVISION - E>CTENSION
May 11, 2018
Page?
Non-Mapping Notes
38 ' Add the following notes to the final map as non-mapping data
A Developer has executed a city standard Subdivision Improvement Agreement to install and
shall post security in accordance with CMC Section 2016 070 to install public
improvements These improvements include, but are not limited to
1 Design and build El Camino Real improvements along the project frontage to prime
artenal standards, including full median and three westerly lanes
2 Design and build improvements for a private access road along the project frontage
B 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 subdivision due to
Its construction, operation or maintenance
C 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
D There are no public park or recreational facilities to be located in whole or in part within this
subdivision The subdivider is therefore obligated to pay park-in-lieu fees in accordance
with section 20 44 050 of the Carlsbad Municipal Code and has either paid all of said park
in-lieu fees or agreed to pay all of said park-in-lieu fees in accordance with section 20 16 070
of the Carlsbad Municipal Code
Utilities
39 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.
40 Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities
41 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 approval by the district engineer
42 Developer shall install potable water and/or recycled water services and meters at locations
approved by the district engineer The locations of said services shall be reflected on public
improvement plans
43 The developer shall agree to install sewer laterals and clean-outs at locations approved by the
city engineer The locations of sewer laterals shall be reflected on public improvement plans
MS 04-06 (DEV04039) - MAY MINOR SUBDIVISION - EXTENSION
May 11, 2018
Page 8
Code Reminders;
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following
44 Developer shall pay drainage fees prior to approval of the parcel map all to the satisfaction of
the city engineer
45 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 Tnps (ADT) and
floor area contained in the staff report and/or shown on the Tentative Parcel Map are for
planning purposes only
46 Pnor to the issuance of a building permit. Developer shall pay a Public Facility fee as required by
Council Policy No 17
47 Prior to the issuance of a building permit. Developer shall pay the Local Facilities Management
' fee for Zone 1 as required by Carlsbad Municipal Code Section 21 90 050
48 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
cnry of carlsbad
—Y'
TER] DELCAMP
Principal Planner
TDCGdh
Kyrenne Chua, Project Engineer
HPRM/File Copy
Data Entry