HomeMy WebLinkAboutMS 10-03; Sandwell Residence; Minor Subdivision (MS)'* C I T Y O F
CARLSBAD
Community & Economic Development www.carisbadca.gov
July 26, 2010
Sandwell Family Trust
3390 Roosevelt Street
Carlsbad CA
92008
fp't'
TENTATIVE PARCEL MAP
Project ID: MS 10-03
Project Name: Sandwell Residence
The city engineer has completed a review of the application for a tentative parcel map located at 3390
Roosevelt Street. 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.
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
Land Development Engineering
payday Ave. ! Carlsbad, CA 92008 1 760-602-2740 1 760-602-1052 fax
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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
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 proposes no additional development or construction; 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);
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.
1. This approval is granted subject to the approval of PUD 10-02 and is subject to all conditions for
that approval.
2. 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.
3. Unless a standards variance has been issued, no variance from city standards is authorized by
virtue of approval of this tentative parcel map.
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4. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time building permits are issued.
5. 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.
6. 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 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.
7. 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.
Fees/Agreements
8. Developer is required to pay all required fees and deposits prior to approval of the parcel map.
9. Developer shall pay the Planned Local Drainage Area Fee prior to approval of the parcel map.
10. Developer shall pay 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.
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 21.9. 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.
12. 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.
13. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city's standard form Drainage Hold Harmless Agreement.
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14. Developer shall cause property owner to apply for, execute, and submit to the city engineer for
recordation an Encroachment Agreement covering private landscape, trees, irrigation facilities
and hardscape 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.
15. Prior to approval of the parcel map, 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.
Stormwater
16. 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.
17. On any future design plans submitted to the City, Developer shall incorporate Low Impact
Development (LID) design techniques to reduce the amount of run-off by mimicking the natural
hydrologic function of the site by preserving natural open-spaces and natural drainage channels,
minimizing impervious surfaces, and promoting infiltration and evaporation of run-off before
run-off leaves the site. Developer shall incorporate LID techniques using current County of San
Diego Low Impact Development Handbook (Stormwater Management Strategies). LID
techniques include, but are not limited to: vegetated swale/strip, rain gardens, and porous
pavement, which can greatly reduce the volume, peak flow rate, velocity and pollutants.
Non-Mapping Notes
18. Notes to the following effects shall be placed on the parcel map as non-mapping data
A. Geotechnical Caution:
1) 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.
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itilities
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.
19. The developer shall provide separate potable water meters for each separately owned unit
within this subdivision.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
20. This tentative parcel map will expire twenty four (24) months from the date of the final approval
notice issued by the city engineer.
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, Steve Bobbett at
760-602-2747. If you have any planning-related questions, please contact the Project Planner, Greg
Fisher, at 760-602-4629.
Sincerely,
William E. Plummer, P.E.
Interim City Engineer
cc: Senior Civil Engineer, Glen Van Peski, P.E.
Project Engineer, Steve Bobbett, P.E.
Project Planner, Greg Fisher
Fire Department, Gregory Ryan
Senior Office Specialist, Land Development Engineering
MS File \A*. A^^U W A-l.^
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