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HomeMy WebLinkAboutMS 14-11; Mathis Levante Subdivision; Minor Subdivision (MS)MS 14-11-MATHIS LEV ANTE SUBDIVISION April 20, 201S Pa e 2 serious public health problems, in that the Residential Medium-High density {RMH) General Plan Land Use designation allows for residential one-family, two-family, and multiple-family lots. The parcels being created satisfy all minimum requirements of Titles 20 and 21 regarding lot sizes and configuration and have been designed to comply with all other applicable regulations. :Jc. Thatthe proposed project is compatible with the surrounding future land uses since other properties located along Levante Street and within Specific Plan 208 are also designated for Residential Medium-High (RMH) density development on the General Plan, and that the subject property is boarded by existing single-family to the north and west and a combination of single-family and multi-family to the south and east and is currently developed with one single-family home. The three lot subdivision will provide for either single-family, two-family or multifamily dweiling units per lot. 4. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed, in that the proposed subdivision meets all development standards and design criteria required by the RD- M-Q zone for the creation of three standard lots including but not limited to requirements for access, minimum lot size, lot width and setbacks. 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 the developer has delineated and preserved on the parcel map, all existing easements of record. 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 the large lots provide ample area to take advantage of prevailing breezes and allow for passive or natural solar heating and cooling opportunities for future dwelling units. 8. That the City Planner has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the city and available fiscal and environmental resources and the project has been conditioned to pay housing in-lieu fees. 9. Thatthe 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 proposed development site does not contain any significant habitat and no significant wildlife or habitat will be impacted by the project. MS 14-11-MATHIS LEV ANTE SUBDIVISION April 20, 2015 Pa e 3 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 the project has been designed in accordance with the Best Management Practices for water quality protection in accordance with the city's sewer and drainage standards and the project is conditioned to comply with the National Pollutant Discharge Elimination System (NPDES) requirements. 11. That the City Planner finds that the project, as conditioned herein, is in conformance with the city's General Plan in that the subject property is designated RMH (8-15 dwelling unhs per acre (du/ac) with a 11.5 du/ac Growth Management Control Point density). The property has a lot area of 1.19 acres and at the RMH Growth Management Control Point, 13.68 dwelling units are allowed. At this time, no development is proposed and the proposed parcels meet the minimum lot size for the · underlying RD-M zone. Therefore, the project which consists of subdividing one lot into three separate parcels is considered consistent with the City's General Plan. 12. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 6 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, A. The project has been conditioned to provide proof from the Carlsbad 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. 13. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 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. MS 14-11-MATHIS LEV ANTE SUBDIVISION April 20, 2015 Pa e4 Planning: 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 Tentative Parcel Map. 2. Approval is granted forMS 14-11 as shown on Exhibits "A", dated April6, 2015, 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 Tentative Parcel Map 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. 6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and holt> 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 Tentative Parcel Map, (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. 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. MS 14-11-MATHIS LEV ANTE SUBDIVISION April 20, 2015 Pa e 5 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 6 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 9. 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. 10. Prior to the approval of a final map, the Developer shall pay to the city an inclusionary housing in-lieu fee (a total of two) 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. 11. 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 are not paid, this approval will not be consistent with the General Plan and shall become void. 12. Prior to the approval of the final map, owner/applicant shall submit to the City a Notice of Restriction 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 ofCarlsbad has issued a Tentative Parcel Map on the real property owned by the owner/applicant. 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 owner/applicant or successor in interest. 13. This project has been found to result in impacts to wildlife habitat or other lands, such as agricultural land, non-native grassland, and disturbed lands, which provide some benefits to wildlife, as documented in the City's Habitat Management Plan and the environmental analysis for this project. Developer is aware that the City has adopted an In-lieu Mitigation Fee consistent with Section E.G of the Habitat Management Plan and City Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of vegetation and animal species. The Developer is further aware that the City has determined that all projects will be required to pay the fee in order to be found consistent with the Habitat Management Plan and the Open Space and Conservation Element of the General Plan. Developer or Developer's successor(s) in interest shall pay the fee prior to recordation of a final map, or issuance of a grading permit or building permit, whichever occurs first. If the In-lieu Miti.;ation Fee for this project is not paid, this project will not be consistent with the Habitat Management Plan and the General Plan and any and all approvals for this project shall become null and void. MS 14-11-MATHIS LEV ANTE SUBDIVISION April 20, 2015 Pa e 6 14. 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 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 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. 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. 1. 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. 2. 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/district engineer determines that sewer/water facilities are available at the time of permit issuance and will continue to be available until time of occupancy. 3. 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. 4. Unless a standards variance has been issued, no variance from city standards is authorized by virtue of approval of this tentative parcel map. 5. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time building permits are issued. 6. 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. 7. 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 tentative MS 14-11-MATHIS LEV ANTE SUBDIVISION April 20, 2015 Pa e 7 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 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. 8. 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. 9. 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. 10. Dev.eloper 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 11. Developer is required to pay all required fees and deposits prior to approval of the parcel map. 12. Developer shall pay the Planned Local Drainage Area Fee prior to approval of the parcel map. 13. Developer shall pay or post security for park-in-lieu fees to the city prior to approval of the parcel map as required by Chapter 20.44 of the Carlsbad Municipal Code. 14. 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. 15. 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. 16. Developer shall cause property owner to apply for, execute, and submit to the city engineer for recordation an Encroachment Agreement covering private decorative pavement on the driveway for Parcel2 located over existing public right-of-way or easements as shown on the tentative parcel map. Developer shall pay processing fees per the city's latest fee schedule. 17. Developer shall cause owner to give written consent to the city engineer for the annexation ofthe area shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District 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. MS 14-11-MATHIS LEV ANTE SUBDIVISION April 20, 2015 Pa e 8 Storm Water Quality 18. 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 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. 19. Developer shall incorporate measures with this project to comply with Standard Stormwater Requirements per the city's Standard Urban Stormwater Management Plan (SUSMP). These measures include, but are not limited to: 1) reducing the use of new impervious surfaces (e.g.: paving), 2) designing drainage from impervious surfaces to discharge over pervious areas (e.g.: turf, landscape areas), 3) and designing trash enclosures to avoid contact with storm runoff, all to the satisfaction of the city engineer. Non-Mapping Notes 20. Note(s) to the following effect(s) shall be placed on the parcel map as non-mapping data Utilities 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. 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 lirie-of-sight per Caltrans standards. C. 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. 21. The developer shall meet with and obtain approval from the Leucadia Wastewater District regarding sewer infrastructure available or required to serve this project. Developer shall present the approved tentative parcel map to said District for review and approval. 22. The developer shall meet with and obtain approval from the Olivenhain Water District regarding potable water infrastructure available or required to serve this project. Developer shall present the approved tentative parcel map to said District for review and approval. MS 14-11-MATHIS LEV ANTE SUBDIVISION April 20, 2015 Pa e 9 23. The developer shall meet with and obtain approval from the Olivenhain Municipal Water District regarding recycled water infrastructure available or required to serve this project. 24. A plan verifying the location of all dry utilities currently serving 3128 Levante Street (Parcel 2) shall be submitted by a registered engineer or surveyor. If said utilities are aligned within one of the newly created parcels (Parcell or 3), then subject the City Engineer's approval, the utilities shall be relocated onto the Jot they serve or utility easements shall be dedicated. Code Reminders: The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 25. This tentative parcel map shall expire two years from the date on which the city planner approves this application unless extended per Chapter 20.24.180 of the Carlsbad Municipal Code. 26. Developer shall pay drainage fees prior to approval of the parcel map all to the satisfaction of the city engineer. 27. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Sec":ion 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and/or shown on the Tentative ·Parcel Map are for planning purposes only. 28. 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. 29. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 30. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management fee for Zone 6 as required by Carlsbad Municipal Code Section 21.90.050. 31. 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.