HomeMy WebLinkAboutMS 09-07; ROSS MINOR SUBDIVISION 1ST EXTENSION; Admin Decision LetterFILE
Ccity of
Carlsbad
March 1. 2018
Zobair A. Roohani
13788 Esprit Avenue
San Diego, CA 92128
SUBJECT: MS 09-07 (DEVIOOIO) - ROSS MINOR SUBDIVISION - 1ST EXTENSION
Dear Zobair A. Roohani,
The Planning Division has completed its review of your application for the first Minor Subdivision
Extension of MS 09-07 - ROSS MINOR SUBDIVISION, submitted on December 7, 2017. The Minor
Subdivision was originally approved by the City Engineer on December 30, 2010. Automatic extensions
were later granted by the State of California through Assembly Bill 208 - effective July 13, 2011; and,
Assembiy Bill 116 - effective July 11, 2013 thus creating a new expiration date of December 30, 2017.
After careful consideration of the circumstances surrounding this request. It has been determined that 1)
the first Minor Subdivision Extension of 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 APPROVES the first Minor Subdivision Extension of MS 09-07 - ROSS
MINOR SUBDIVISION for a period of two (2) years from December 30, 2017, to December 30, 2019,
based on the following findings and conditions.
Findings:
1. All the findings contained in Final Decision Letter of Minor Subdivision MS 09-07, dated
December 30,2010, are incorporated herein by reference and remain in effect.
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2. That Minor Subdivision Extension of MS 09-07 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.
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4. That all related permits or approvals issued pursuant to Title 21 are extended to expire
concurrently with the tentative tract map.
5. That the 2-year extension (from December 30, 2017 to December 30, 2019) is appropriate
because the owner/applicant is diligently pursuing finalizing all necessary permits, the project
Community & Economic Development
Planning Division 11635 Faraday Avenue Carlsbad, CA 92008-73141760-602-46001760-602-8560 f [ www.carisbadca.gov
MS 09-07 (DEVlOOlO) - ROSS MINOR SUBDIVISION - 1ST EXTENSION
March 1, 2018
Page 2
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remains consistent with the Minor S^^visio^ regSfftilDns (i.e., Title 20 of the Carlsbad Municipal'
Code), and the extension would aliow""^ 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 Preliminary Decision Letter of Minor Subdivision MS 09-07
dated December 16, 2010 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 fall 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 condltlon 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
MS 09-07 (DEVlOOlO) - ROSS MINOR SUBDIVISION - 1ST EXTENSION
March 1, 2018
Page 3
representatives, from and against any and ail 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) Cit/s approval or
issuance of any permit or action, whether discretionary or nondlscretionary, 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 ail legal proceedings have been concluded and continues even if the City's
approval Is not validated.
7. The first Minor Subdivision Extension MS 09-07 - ROSS MINOR SUBDIVISION and related
permits are granted for a period of two (2) years from December 30, 2017, through December
30, 2019.
8. This approval Is subject to all the conditions contained In the City Planner's Hillside
Development Permit 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 submittai 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 ail applicable provisions of federal, state, and local laws and
regufations 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
ail liabilities, losses, damages, demands, claim and costs, including court costs and attome/s fees
incurred by the City arising, directly or indirectly, from (a) City's approval and Issuance of this
tentative parcel map, (b) City's approval or Issuance of any permit or action, whether discretionary
MS 09-07 (DEVlOOlO) - ROSS MINOR SUBDIVISION - 1ST EXTENSION
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or non-discretionary, in connection with the use contemplated herein, including an action filed
within the time period specified in Government Code Section 66499.37 and (c) Developer's
Installation and operation of the facility permitted hereby. Including without limitation any and
all liabilities arising from the emission by the facility of electromagnetic fields or other energy
waves or emissions.
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-lleu 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
Ucense 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 th^e
adjacent property.
25. Developer shall cause property owner to execute and submit to the City Engineer for recordation
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
MS 09-07 (DEVlOOlO) - ROSS MINOR SUBDIVISION - 1ST EXTENSION
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recordation a city standard Permanent Stoimwater 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
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28. 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 revidw fees per the City's latest fee schedule.
29. 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 sift 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 maxirnum extent practicable. Developer shall notify prospective owners and
tenants of the above requirements.
30. 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.
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31. Unless it can be demonstrated that development can. be defined as a standard requirement
project, this project is subject to 'Priority Development Projecf requirements. Developer shall
prepare and process a Storm Water Quality Management Plan (SWQMP), subject to city engineer
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
32. Developer shall cause Owner to submit to the City Engineer for recordation a covenant of
easement for private drainage, drainage and sewer and emergency vehlcie turn around
purposes as shown on the tentative parcel map. Developer shall pay processing fees per the City's
latest fee schedule.
33. Developer shall design the private drainage systems as shown on the tentative parcel map to the
MS 09-07 (DEVlOOlO) - ROSS MINOR SUBDIVISION - 1ST EXTENSION
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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.
34. 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
35. 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
Engineering Standards or llne-of-slght 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.
MS 09-07 (DEVlOOlO) - ROSS MINOR SUBDIVISION - 1ST EXTENSION
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Utilities
36. Developer shall meet with the Fire Marshal to determine if fire protection measures (fife 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.
37. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for
connection to public facilities.
38. 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.
39. 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; ^
40. 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 (DEVlOOlO) - ROSS MINOR SUBDIVISION - 1ST EXTENSION
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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 offinai 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 similarto this, or as to which the statute
of limitations has previously otherwise expired.
CITY OF CARLSBAD
TERI DELCAMP
Principal Planner
TD:GF:dh
c: Mehdl 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