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HomeMy WebLinkAboutMS 10-04; 1369 Magnolia TPM; Minor Subdivision (MS)CITY OF VCARLSBAD Community & Economic Development www.carlsbadca.gov March 17, 2011 Mr. Todd Kesseler T&M Construction, Inc. 140 E. Stetson Ave., Suite 301 Hemet, CA 92543 PRELIMINARY DECISION LETTER OF TENTATIVE PARCEL MAP Project ID: MS 10-04 Project Name: 1369 Magnolia Avenue Tentative Parcel Map APN: 205-280-16 The city engineer has completed a review of the application for a tentative parcel map located at 1369 Magnolia Avenue. 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 Title 20 regarding lot sizes and configuration and have been designed to comply with all other applicable regulations; and, Land Development Engineering Division DocDR-oe-23 • 07/30/2010 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-2740 F 760-602-1052 March 17, 2011 Mr. Todd Kesseler Page 2 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 two panhandle lots 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 developer has incorporated best management practices to either avoid contact with storm water or filter pollutants to the maximum extent practicable; earth drainage swales and bio retention areas are incorporated into the subdivision design for filtration of stormwater runoff; 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); 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. This approval is granted subject to the approval of PCD 10-02 and CDP 10-28 and is subject to all conditions for those other approvals. 2. 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. 3. 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. Doc DR-06-23 07/30/2010 March 17, 2011 Mr. Todd Kesseler Page 3 4. 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. 5. Unless a standards variance has been issued, no variance from city standards is authorized by virtue of approval of this tentative parcel map. 6. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time building permits are issued. 7. 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. 8. 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. 9. Developer shall submit to the city engineer an acceptable instrument via CC&R's and/or other recorded document addressing the maintenance, repair, and replacement of shared private improvements within this subdivision, including but not limited to private driveways, landscaping, water quality treatment measures and low impact development features located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within this subdivision. 10. 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. 11. 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. Planning 12. This approval is granted subject to the approval of PCD 10-02 and CDP 10-28 and is subject to all DocDR-06-23 07/30/2010 March 17, 2011 Mr. Todd Kesseler Page 4 conditions contained in Resolutions 6765 and 6766 for those other approvals incorporated herein by reference. Fire 13. The Engineer of Work shall provide wet stamped plans certifying that driveways that are a part of the fire department turn-around are capable of supporting fire department vehicles. 14. The surface of all fire department access routes shall be of an impervious "all weather" surface material, designed to carry a minimum load of 75,000 pounds axle weight. Fees/Agreements 15. Developer is required to pay all required fees and deposits prior to approval of the parcel map. 16. Developer shall pay the Planned Local Drainage Area Fee prior to approval of the parcel map. 17. 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. 18. 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. 19. 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. 20. 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. 21. 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. 22. Developer shall cause property owner to process, execute, and submit an executed copy to the city engineer for recordation the city's standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement for the perpetual maintenance of all treatment control, applicable site design and source control, post-construction permanent Best Management Practices prior to the issuance of a grading permit or building permit, or the recordation of a parcel map, whichever occurs first for this project. 23. Developer shall cause property owner to execute, record, and submit a recorded copy to the city engineer a deed restriction on the property which relates to the proposed cross lot drainage as Doc DR-06-23 07/30/2010 March 17, 2011 Mr. Todd Kesseler PageS shown on the tentative parcel map. The deed restriction document shall be in a form acceptable to the city engineer and shall: A. Clearly delineate the limits of the drainage course; B. State that the drainage course is to be maintained in perpetuity by the underlying property owner; and C. State that all future use of the property along the drainage course will not restrict, impede, divert or otherwise alter drainage flows in a manner that will result in damage to the underlying and adjacent properties or the creation of a public nuisance. 24. 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. 25. Prior to issuance of building permits or a grading permit, whichever occurs first, developer shall cause owner to execute for recordation a city-standard Local Improvement District Agreement to pay fair share contributions for undergrounding of all existing overhead utilities and installation of street lights, as needed, along the subdivision frontage should a future district be formed. Grading 26. 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. 27. Developer shall apply for and obtain a grading permit from the city engineer. Developer shall pay all applicable grading permit fees per the city's latest fee schedule and shall post security per city code requirements. 28. Supplemental grading plans are required for precise grading associated with this project. Developer shall prepare and submit for approval grading plans for the precise grading as shown on the tentative parcel map, all subject to city engineer approval. 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 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. Doc DR-06-23 07/30/2010 March 17, 2011 Mr. Todd Kesseler PageG 30. 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. 31. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc) incorporate all source control, site design, treatment control BMP, applicable hydromodification measures, and Low Impact Design (LID) facilities. 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. Developer shall cause owner to submit to the city engineer for recordation a covenant of easement for private sewer, potable water, drainage and reciprocal access 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 sewer laterals, water service/meters, driveway approach and curb drains, as shown on the tentative parcel map and shall execute a city-standard Minor Subdivision Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements. 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. 36. Prior to issuance of building permits, developer shall install separate sewer laterals to each unit proposed by this tentative parcel map. Sewer laterals shall be provided to the satisfaction of the city engineer. Doc DR-06-23 07/30/2010 March 17, 2011 Mr. Todd Kesseler Page? 37. Prior to issuance of building permits, developer shall install separate water services to each unit proposed by this tentative parcel map. Water services shall be provided to the satisfaction of the city engineer. Non-Mapping Notes 38. Notes to the following effect shall be placed on the parcel map as non-mapping data: A. Developer has executed a city-standard Minor Subdivision Improvement Agreement and has posted security in accordance with C.M.C. Section 20.28.070 to install public improvements shown on the tentative parcel map. These improvements include, but are not limited to: 1) Concrete driveway approach. 2) Concrete sidewalk underdrain. 3) Sewer laterals 4) Water services B. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. 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. Utilities 39. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 40. Developer shall install potable water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public improvement plans. 41. 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. 42. 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: Doc DR-06-23 07/30/2010 March 17, 2011 Mr. Todd Kesseler PageS 43. This tentative parcel map will expire thirty-six (36) months from the date of the final approval notice issued by the city engineer. 44. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area shown on the tentative parcel map are for planning purposes only. 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. 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, Shannon Werneke, at 760-602-4621. Sincerely, Glen K. Van Peski, P.E., P.L.S. City Engineer cc: Project Engineer, Steve Bobbett Project Planner, Shannon Werneke Fire Department, Gregory Ryan Senior Office Specialist, IDE Associate Analyst, IDE (scanned copy to MS File) Doc DR-06-23 07/30/2010 CITY OF V CARLSBAD Community & Economic Development www.carlsbadca.gov March 31, 2011 Mr. Todd Kesseler T&M Construction, Inc. 140 E. Stetson Ave., Suite 301 Hemet, CA 92543 FINAL DECISION LETTER OF TENTATIVE PARCEL MAP Project ID: MS 10-04 Project Name: 1369 Magnolia Avenue Tentative Parcel Map APN: 205-280-16 Whereas no review of the Preliminary Decision letter dated March 17, 2011 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, Steve Bobbett, at 760- 602-2747 or via email at steve.bobbett@carlsbadca.gov. If you have any planning-related questions, please contact the project planner, Shannon Werneke, at 760-602-4621. Sincerely, Glen K. Van Peski, P.E., P.LS. City Engineer cc: Engineer of Work Project Engineer, then file Planner, Shannon Werneke Senior Management Analyst, CED Senior Office Specialist, LDE Associate Analyst, LDE (scanned copy to MS file) Land Development Engineering Division~ ~ 1 635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-2740 F 760-602-1052 ©