HomeMy WebLinkAboutMS 08-06; Mashou Minor Subdivision; Minor Subdivision (MS)CITY OFCARLSBAD
Community & Economic Development www.carlsbadca.gov
September 21, 2010
Hshing-Lung Lin
2740Arland Road
Carlsbad, CA 92008
PRELIMINARY DECISION LETTER OF TENTATIVE PARCEL MAP
Project ID: MS 08-06
Project Name: Mashou Minor Subdivision
APN: 156-142-02
The city engineer has completed a review of the application for a tentative parcel map located
at 2740 Arland Road. The city engineer has made a preliminary decision pursuant to Section
20.24.120 of the City of Carlsbad Municipal Code to approve this tentative parcel map based on
the findings and subject to the conditions listed below.
Please review the following findings and conditions for this tentative parcel map. If you have
concerns or comments, you may request a review of this preliminary decision in writing. Such
request must be received by the city engineer within 10 calendar days of the date of this
preliminary approval. Upon receiving such written request, the city engineer will arrange a
time and place for such review. If after 10 days no request is made, or following a requested
review of this preliminary approval, the city engineer will issue a final approval letter for this
tentative parcel map.
Findings:
1. That the city planner has determined that the project is exempt from the requirements
of the California Environmental Quality Act (CEQA) per Section 15315 (Minor Land
Division) of the State CEQA Guidelines and will not have any adverse significant impact
on the environment in that the property is in an urbanized area; zoned for residential;
is being subdivided into four or fewer parcels; no variances are needed for the
subdivision; all services for the lots are available; the parcel was not part of a larger
subdivision within the last two years; and the parcel does not have an average slope
greater than 20 percent.
Land Development Engineering Division DOC00-06-2307/30/2010
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2. The city engineer has determined that:
a) The proposed map and the proposed design and improvement of the
subdivision, as conditioned, is consistent with and satisfies all requirements of
the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad
Municipal Code and the State Subdivision Map Act, in that the lots being created
satisfy all minimum requirements of Title 20 regarding lot sizes and
configuration and have been designed to comply with all other applicable
regulations; and,
b) The site is physically suitable for the type and density of the-development
proposed, in that the proposed subdivision meets all development standards
for the creation of a panhandle lot and a standard lot in terms of access,
minimum lot size, lot width and setbacks; and,
c) The 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 does not
contain any significant habitat and no significant wildlife or habitat will be
impacted by the project; and,
d) The design of the subdivision and improvements are not likely to cause serious
public health problems, and the discharge of storm water from the subdivision
complies with current California Regional Water Quality Control Board
requirements and the City of Carlsbad Standard Urban Stormwater Mitigation
Plan (SUSMP) requirements in that the project is conditioned to incorporate
Low Impact Design (LID) techniques: and,
e) 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 shall delineate and preserve on the parcel
map, all existing easements of record; and,
f) The property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
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CONDITIONS:
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, building permit,
or grading permit, whichever is first.
General
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 parcel map, (b) city's approval or issuance
of any permit or action, whether discretionary or non-discretionary, in connection with
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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 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.
9. 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.
10. Development of Parcel C shall be designed to pump sewer to the main sewer line in
Arland Road if no gravity sewer is available at the time of development. The
development shall be designed to convert from pump to gravity flow upon the needed
public sewer infrastructure becoming available.
Planning
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to Parcel Map
recordation.
Planning - General
11. 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.
12. 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.
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13. 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
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.
14. 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.
15. Prior to Final Map approval, Developer shall submit to the City a Notice of Restriction
executed by the owner of the real property to be developed. Said notice is to be filed in
the office of the County Recorder, subject to the satisfaction of the Planning Director,
notifying all interested parties and successors in interest that the City of Carlsbad has
issued a Minor Subdivision by the City Engineering Department's Letter of Approval for
the MS 08-06 - Mashou Minor Subdivision, on the property. 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 Planning Director 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 Developer or successor in interest.
16. 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.
Planning- Fees
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
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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.
18. 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.
19. Prior to the approval of a final map, the Developer shall pay to the City an inclusionary
housing in-lieu fee for two lots 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.
Fire
20. Prior to issuance of building permits on Parcel C, developer shall demonstrate that all
newly constructed dwellings will be provided with a fire sprinkler system designed per
California Residential Code; NFPA 13D. All dwelling units constructed on Parcel A
shall be equipped with fire sprinklers if building permits have not been issued before
January 1, 2010.
Fees/Agreements
21. Developer is required to pay all required fees and deposits prior to approval of the
parcel map.
22. Developer shall pay the Planned Local Drainage Area Fee prior to approval of the parcel
map.
23. 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 21.9. 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.
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 the city's standard form Panhandle Lot Hold Harmless Agreement.
26. Developer shall cause property owner to apply for, execute, and submit, to the city
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engineer for recordation, an Encroachment Agreement covering private fence and gate
located over existing and proposed 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.
27. Developer shall cause property owner to enter into a lien contract with the city for the
future public improvement of the future extension of James Drive along the subdivision
frontage for a half street width of 30 feet. Public improvements shall include but are not
limited to paving, base, sidewalks, curbs and gutters, grading, clearing and grubbing,
relocation of utilities, sewer, water, fire hydrants, and street lights.
28. Developer shall cause property owner to enter into a Neighborhood Improvement
Agreement with the city on a city standard form for the future public improvement of
Arland Road along the property frontage for a half street width of 30-feet. Public
improvements shall include but are not limited to paving, base, sidewalks, curbs and
gutters, grading, clearing and grubbing, relocation of utilities, sewer, water, fire
hydrants, and street lights.
29. Prior to approval of any grading or building permits for this project, 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 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.
Grading
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 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.
31. Developer shall complete and submit to the city engineer a Project Threat Assessment
Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF,
developer shall also submit the appropriate Tier level Storm Water Compliance form
and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as
determined by the completed PTAF, all 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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32. 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.
Dedications/Improvements
33. Arland Road shall be offered for dedication by owner along the project frontage based
on a street center line to right-of-way width of 30-feet and in conformance with City of
Carlsbad Standards.
34. Developer shall cause owner to dedicate to the city and/or other appropriate entities
for public street & public utility purposes for the future extension of James Drive as
shown on the tentative map. The offer shall be made by a certificate on the final map or
separate recorded document. All land so offered shall be free and clear of all liens and
encumbrances and without cost to the city. Streets that are already public are not
required to be rededicated. Additional easements may be required at final design to the
satisfaction of the city engineer.
35. Developer shall cause owner to waive direct access rights on the parcel map for all lots
abutting the future extension of James Drive.
Non-mapping notes
36. Add the following notes to 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. 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.
Utilities
37. Developer shall meet with the fire marshal to determine if fire protection measures (fire
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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 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.
41. The developer shall design and construct public water, sewer, and recycled water
facilities substantially as shown on the tentative parcel map to the satisfaction of the
district engineer and city engineer.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited
to the following:
42. This tentative parcel map will expire twenty-four (24) months from the date of the final
approval notice issued by the city engineer.
43. 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.
44. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
45. Developer shall report, in writing, to the Planning Director within 30 days, any address
change from that which is shown on the permit application, any change in the
telecommunications provider, or any transfer in ownership of the site.
46. The panhandle lot shall provide three non-tandem parking spaces with an approach not
less than twenty-four feet in length with proper turnaround space to permit complete
turnaround for forward access to the street. The parking and access arrangement will be
designed to the satisfaction of the city engineer.
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47. Structures permitted in the access portion of the panhandle lot 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.
48. The buildable portions of the panhandle lot shall include all portions of the lot that has a
width of greater than thirty-five feet.
49. The front property line for Parcel C shall be defined as the westerly most property line
of said parcel which runs perpendicular to Arland Road.
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 the 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; to planning, zoning,
grading, or other similar application processing or service fees in connection with this project;
or 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.
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If you have any questions regarding the above, please contact the Project Engineer, David Rick
at 760-602-2781. If you have any planning-related questions, please contact the Project
Planner, Shelley Glennon, at 760-602-4625. For any fire-related questions, contact Greg Ryan
at (760) 602-4663.
Sincerely,
Glen K. Van Peski, P.E., P.L.S.
City Engineer
cc: Project Engineer, David Rick
Project Planner, Shelley Glennon
Fire Department, Gregory Ryan
Senior Office Specialist, LDE
Associate Analyst, LDE (scanned copy to MS File)
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CITV °F
VCARLSBAD
Community & Economic Development www.carlsbadca.gov
October 7, 2010
Hshing-Lung Lin
2740 Arland Road
Carlsbad, CA 92008
FINAL DECISION LETTER OF TENTATIVE PARCEL MAP
Project ID: MS 08-06
Project Name: Mashou Minor Subdivision
APN; 156-142-02 _
Whereas no review of the Preliminary Decision letter dated September 21, 2010 was requested within
the required time, the subject tentative parcel map has been approved per the findings and conditions
set forth in said Preliminary Decision letter.
As required by Carlsbad Municipal Code Section 20.24.140(e), notice of this final decision will be sent to
all property owners within 300 feet of the project. Per Carlsbad Municipal Code Section 20.24. 140(b)
and the California Subdivision Map Act Section 66452.5, any interested person adversely affected by this
decision of the city engineer may appeal the decision to the City Council. Such appeal must be filed in
writing with the city clerk within 10 calendar days of the date of this notice. At the time of filing the
appeal, the appeal fee as listed in the current Carlsbad Development Fees schedule must be paid. If you
have questions regarding the appeal process, please contact the city clerk's office at (760) 434-2808.
If you have any project-related questions, please contact the project engineer, David Rick, at 760-602-
2781 or via email at david.rick@carlsbadca.gov. If you have any planning-related questions, please
contact the project planner, Shelley Glennon, at 760-602-4625.
Sincerely,
Glen K. Van Peski, P.E., P.LS.
City Engineer
cc: Engineer of Work
Project Engineer, then file
Planner, Shelley Glennon
Fire Department, Gregory Ryan
Planning Senior Management Analyst
Senior Office Specialist, LDE ,
Associate Analyst, LDE (scanned copy to MS file) v
Land Development Engineering Division Dra/i3/2oio
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-2740 F 760-602-1052 ®