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Home My WebLink AboutMS 09-07; ROSS MINOR SUBDIVISION - 2ND EXTENSION; Admin Decision LetterFebruary 25, 2020 Zobair A. Roohani 13788 Esprit Avenue San Diego, CA 92128 FILE SUBJECT: MS 09-07 (DEV10010} -ROSS MINOR SUBDIVISION -2nd EXTENSION Dear Zobair A. Roohani, Ccityof Carlsbad The Planning Division has completed its review of your application for the second extension of Minor Subdivision MS 09-07 -ROSS MINOR SUBDIVISION, submitted on Dec. 11, 2019. The Minor Subdivision was originally approved by the City Engineer on Dec. 30, 2010. Automatic extensions were later granted by the State of California through Assembly Bill 208 -effective July 13, 2011; and, Assembly Bill 116 - effective July 11, 2013 thus creating a new expiration date of December 30, 2017. On March 1, 2018, the first two-year extension to MS 09-07 was retroactively approved from December 30, 2017 to December 30, 2019. After careful consideration of the circumstances surrounding this request, it has been determined that (1) the second extension of Minor Subdivision MS 09-07 -ROSS MINOR SUBDIVISION was submitted in a timely manner prior to the expiration date, (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 an extension can be made; therefore, the city planner retroactively APPROVES the second extension of Minor Subdivision MS 09-07 for two (2) years from Dec. 30, 2019, to Dec. 30, 2021, based on the following findings and conditions. Findings: 1. All the findings contained in the approval letter of Minor Subdivision MS 09-07, dated Dec. 30, 2010, apply to the extension and are incorporated herein by reference and remain in effect. 2. That the second two-year extension of Minor Subc;livision MS 09.;07 (from Dec. 30, 2019 to Dec. 30, 2021} 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 09-07 was originally approved. 4. That all related permits or approvals issued pursuant to Title 21 (HDP 10-02) are extended to expire concurrently with the tentative map. Community Development Department Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov MS 09-07 {DEV10010) -ROSS MINOR SUBDIVISION -2nd EXTENSION ::::u;ry 25, 2020 ;],,,.~ j ',.'.}. 5. That the second two-year extension of Minor Subdivision 09-07 (from Dec. 30, 2019 to Dec. 30, 2021} 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 entitlements while satisfying the conditions for the two-lot subdivision. 6. 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 categorically 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: NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this tentative parcel map extension, must be met prior to approval of a final parcel map, building permit, or grading permit, whichever is first. Planning: 1. All of the conditions contained in the approval letter of the first extension of Minor Subdivision MS 09-07 dated Mar. 1, 2018 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 Minor Subdivision Extension. 3. 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. 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. 5. 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. MS 09-07 (DEV10010)-ROSS MINOR SUBDIVISION -2nd EXTENSION February 25, 2020 Pa e 3 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 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. 7. The second extension of Minor Subdivision MS 09-07-ROSS MINOR SUBDIVISION and related permits are granted for a period of two (2) years from Dec. 30, 2019, through Dec. 30, 2021. 8. This approval is subject to all the conditions contained in the City Planner's Hillside Development Permit HDP 10-02 decision letter dated December 20, 2010. Engineering: General 9. 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. 10. 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. 11. Unless a standards variance has been issued, no variance from City Standards is authorized by virtue of approval of this tentative parcel map. 12. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time building permits are issued. 13. 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. 14. 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 MS 09-07 (DEV10010) -ROSS MINOR SUBDIVISION -2nd EXTENSION February 25, 2020 Pa e4 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 peri_od 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. 15. Developer shall include rain gutters on the building plans subject to the City Engineer's review and approval. Developer shall install rain gutters in accordance with said plans. Roof drainage from parcel 2 shall be directed to La Costa Avenue to the greatest extent practicable to minimize increased flows northward through or over Parcel 1. 16. 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. 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. 18. The project is approved with the express condition that building permits will not be issued for the development of the subject property unless the City Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. This note shall be placed on the non-title sheet of the final parcel map. Fees/Agreements 19. Developer is required to pay all required fees and deposits prior to approval of the parcel map. 20. Developer shall pay the Planned Local Drainage Area Fee prior to approval of the parcel map. 21. Developer shall pay or post security for park-in-lieu fees to the City prior to approval of the final parcel map as required by Chapter 20.44 of the Carlsbad Municipal Code. 22. 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 6, 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. 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 regarding drainage across the adjacent property. 25. Developer shall cause property owner to execute and submit to the City Engineer for recordation MS 09-07 (DEV10010) -ROSS MINOR SUBDIVISION -2nd EXTENSION February 25, 2020 Pa e 5 the City's standard form Panhandle Lot Hold Harmless Agreement. 26. 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. 27. Unless otherwise waived by the City Engineer, Developer shall cause property owner to apply for, execute, and submit to the City Engineer for recordation an Encroachment Agreement covering a private-Brazilian Pepper Tree located over existing La Costa Avenue public right-of- way as shown on the tentative parcel map unless the tree is removed with permission from the city Parks and Recreation Director. Developer shall pay processing fees per the City's latest fee schedule. Grading 28. Prior to approval of the grading plans, the applicant shall submit a Construction Plan to the city Engineer for review and approval. Said Plan may be required to include, but not be limited to, identifying the location of the construction vehicles, employee parking, construction fencing and gates, obtaining any necessary permission for off-site encroachment, addressing pedestrian safety, and identifying time restrictions for various construction activities. All material staging, construction trails, bathroom facilities, etc. shall be located outside the public right-of-way unless otherwise approved by the City Engineer or Construction Management & Inspection Engineering Manager. 29. Based upon a review of the proposed grading and the grading quantities shown on the tentative parcel map, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports for City Engineer review and shall pay all applicable grading plan review fees per the City's latest fee schedule. 30. 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; 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 Engineering Standards. Developer shall also submit the appropriate 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. Unless it can be demonstrated that development can be defined as a standard requirement project, this project is subject to 'Priority Development Project' requirements. Developer shall prepare and process a Storm Water Quality Management Plan (SWQMP), subject to city engineer MS 09-07 (DEV10010) -ROSS MINOR SUBDIVISION -2nd EXTENSION February 25, 2020 Pa e 6 approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP required by this condition shall be reviewed and approved by the city engineer with final grading plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's latest fee schedule. Dedications/Improvements 33. Developer shall cause Owner to submit to the City Engineer for recordation a covenant of easement for private drainage, drainage and sewer and emer~ency vehicle turn around purposes as shown on the tentative parcel map. Developer shall pay processing fees per the City's latest fee schedule. 34. Developer shall design the private drainage systems as shown on the tentative parcel 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 plancheck and inspection fees for private drainage systems. 35. Developer shall design all proposed public improvements including but not limited to driveway approach and water services/meters as shown on the tentative parcel map. These improvements shall be shown on one of the following, subject to City Engineer approval: A. Grading plans processed in conjunction with this project; or B. Construction Revision to an existing record public improvement drawing. Developer shall pay plancheck 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. Non-Mapping Notes 36. 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. 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 1 MS 09-07 (DEV10010) -ROSS MINOR SUBDIVISION -2nd EXTENSION February 25, 2020 Pa e 7 Utilities Engineering Standards or line-of-sight per Caltrans standards. D. 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. 37. 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.· 38. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. 39. 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. 40. The Developer shall meet with and obtain approval from the Leucadia Wastewater District regarding sewer infrastructure available or required to serve this project prior to approval of the parcel map. Code Reminders: 41. 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. MS 09-07 (DEV10010)-ROSS MINOR SUBDIVISION -2nd EXTENSION February 25, 2020 Page 8 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. CITY OF CARLSBAD TERI DELCAMP Principal Planner TD:PD:mf c: Mehdi Zomorrodian, 2464 La Costa Avenue, Carlsbad, CA 92009 Ben Sweeney, 2504 La Costa Avenue, Carlsbad, CA 92009 Don Neu, City Planner David Rick, Project Engineer HPRM/File Copy Data Entry