HomeMy WebLinkAboutMS 11-02; Sohaei Minor Subdivision; Minor Subdivision (MS)CITY OF
^CARLSBAD
Community & Economic Development www.carlsbadca.gov
August 19, 2011
Frank Sohaei and Lorigene Sohaei
2359 Pio Pico Drive
Carlsbad, CA, 92008
PRELIMINARY DECISION LETTER OF TENTATIVE PARCEL MAP
Project ID: MS 11-02
Project Name: Sohaei Tentative Parcel Map
APN: 156-351-06-00
The city engineer has completed a review of the application for a tentative parcel map located at 2359
Pio Pico Drive, Carlsbad, CA 92008. 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
Land Development Engineering Division
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-2740 F 760-602-1052 ®
Mr./Ms. Sohaei
August 18, 2011
Page 2
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
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 submitted a Storm Water Standards Questionnaire and determined
that the project is not a Priority Development Project. The project is conditioned to
comply with Standard Storm Water Requirements and 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 PUD 11-01 and CDP 11-03 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
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August 18, 2011
Page 3
available until time of occupancy.
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, parcel 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 drive, private force
main (sewer), private sewer pump lift station, bio-retention basin low impact development
features and storm drain facilities 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.
Fire
12. An automatic fire sprinkler system is required for each single family home.
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August 18, 2011
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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 cause property, owner to execute and submit to the city engineer for
recordation the city's standard form Geologic Failure Hold Harmless Agreement.
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 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.
17. Developer shall cause property owner to apply for, execute, and submit to the city engineer for
recordation an Encroachment Agreement covering private storm drain located within the public
right-of-way as shown on the tentative parcel map. Developer shall pay processing fees per the
city's latest fee schedule.
18. 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 Pio Pico 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, undergrounding or relocation of
utilities.
19. 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
20. 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
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August 18, 2011
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plan review fees per the city's latest fee schedule.
21. 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.
22. 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.
23. 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.
24. Developer is responsible to ensure that all final design plans (grading plans, landscape plans,
building plans, etc) incorporate all source control, site design, and Low Impact Design (LID)
facilities.
25. 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
26. Developer shall cause owner to submit to the city engineer for recordation a covenant of
easement for private drainage purposes as shown on the tentative parcel map. Developer shall
pay processing fees per the city's latest fee schedule.
27. Developer shall cause owner to submit to the city engineer for recordation a covenant of
easement for private access purposes as shown on the tentative parcel map. Developer shall
pay processing fees per the city's latest fee schedule
28. Developer shall cause owner to dedicate to the city for public utility and access purposes as
shown on the tentative parcel map. The offer shall be made by a certificate on the parcel map.
All land so offered shall be free and clear of all liens and encumbrances and without cost to the
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August 18, 2011
Page 6
city. Additional easements may be required at final design to the satisfaction of the city
engineer.
29. Developer shall design the private streets as shown on the tentative parcel map to the
satisfaction of the city engineer. The structural section of all private streets shall conform to City
of Carlsbad Standards based on R-value tests. All private streets shall be inspected by the city.
Developer shall pay the standard improvement plancheck and inspection fees for private
streets.
30. 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.
31. Developer shall prepare and process public improvement plans and, prior to city engineer
approval of said plans, 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 shown on the tentative parcel map. Said improvements shall be installed to city
standards to the satisfaction of the city engineer. These improvements include, but are not
limited to:
A. Public water main along private drive "A".
Developer shall pay the standard improvement plancheck and inspection fees. Improvements
listed above shall be constructed within 36 months of approval of the subdivision or
development improvement agreement or such other time as provided in said agreement.
55. Prior to issuance of building permits, developer shall install separate sewer services to each unit
proposed by this tentative parcel map. Sewer services shall be provided to the satisfaction of
the city engineer.
Non-Mapping Notes
56. Note(s) to the following effect(s) 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) Public water main along private drive "A".
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. 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 line-of-sight per Caltrans standards.
D. The owner of this property on behalf of itself and all of its successors in interest has
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August 18, 2011
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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.
E. 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.
Utilities
57. Developer shall meet with the fire marshal to determine if fire protection measures fire 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.
58. Developer shall design and construct public facilities within public right-of-way or within
minimum 20-foot wide easements granted to the district or the City of Carlsbad. At the
discretion of the district or city engineer, wider easements may be required for adequate
maintenance, access, and/or joint utility purposes.
59. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
60. 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.
61. 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.
62. The developer shall design and construct public water and sewer 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:
77. This tentative parcel map will expire twenty four (24) months from the date of the final approval
notice issued by the city engineer.
78. 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
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August 18, 2011
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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, Tecla Levy at 760-
602-2733. If you have any planning-related questions, please contact the Project Planner, Van Lynch, at
760-602-4613
Sincerely,
GlenK. Van Peski, P.E., P.L.S.
City Engineer
cc: Project Engineer, Tecla Levy
Project Planner, Van Lynch
Fire Department, Gregory Ryan
Senior Office Specialist, LDE
Associate Analyst, LDE (scanned copy to MS File) y
CARLSBAD
Community & Economic Development www.carlsbadca.gov
September 26, 2011
Frank Sohaei and Lorigene Sohaei
2359 Pio Pico Drive
Carlsbad, CA, 92008
FINAL DECISION LETTER OF TENTATIVE PARCEL MAP
Project ID: MS 11-02
Project Name: Sohaei Tentative Parcel Map
APN: 156-351-06-00
Whereas no review of the Preliminary Decision letter dated August 19, 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, Tecla Levy, at 760-602-
2733 or via email at tecla.levy@carlsbadca.gov. If you have any planning-related questions, please
contact the project planner, Van Lynch, at 760-602-4613.
Sincerely,
Glen K. Van Peski, P.E., P.L.S.
City Engineer
cc: Engineer of Work
Project Engineer, then file
Planner, Van Lynch
Senior Management Analyst, CED
Senior Office Specialist, LDE
Associate Analyst, LDE -{scanned copy to MS file)
Land Development Engineering Division
Doc DR-O6-271635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-2740 F 760-602-1052 08/30/2010 ®