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HomeMy WebLinkAboutMS 11-03; Madsen Parcel Map; Minor Subdivision (MS)A CITY OF CARLSBAD Community & Economic Development www.carisbadca.gov August 22, 2011 STEB Properties, LLC 7149 Obelisco Circle Carlsbad, CA 92009 PRELIMINARY DECISION LETTER OF TENTATIVE PARCEL MAP Project ID: MS 11-03 Project Name: Madsen Parcel Map APN: 215-310-41 The city engineer has completed a review of the application for a tentative parcel map located at 6720 Cantil Street and 2112 Anta Court. 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 Division_ ± Z — 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-2740 F 760-602-1052 ® STEB Properties August 22, 2011 Page 2 Title 20 regarding lot sizes and configuration and have been designed to comply with all other applicable regulations; and, b) 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, c) 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 subdivision neither proposes nor requires any construction or improvements: and, d) The design of the subdivision 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, e) 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. General 1. 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. 2. Unless a standards variance has been issued, no variance from city standards is authorized by virtue of approval of this tentative parcel map. 3. If any condition for the payment of any fees imposed by this approval or imposed by law on this project is 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. 4. 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 Doc DR-06-23 01/18/2011 STEB Properties August 22, 2011 Page 3 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. 5. Developer shall submit to the city engineer an acceptable instrument addressing access easement(s) across, over and through proposed Parcel 1 as needed for the benefit of proposed Parcel 2 for: 1) the maintenance, repair, and replacement of improvements located within proposed Parcel 2, and 2) for the maintenance, repair, and replacement of utility facilities located within proposed Parcel 1. 6. 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. Planning 7. This approval is subject to the approval of PUD 11-02 and is subject to all conditions therein. Fees/Agreements 8. Developer is required to pay all required fees and deposits prior to approval of the parcel map. Non-Mapping Note 9. 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; or by the design, construction or maintenance of the drainage system or other improvements. Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 10. This tentative parcel map will expire twenty four (24) months from the date of the final approval notice issued by the city engineer. Doc DR-06-23 01/18/2011 STEB Properties August 22, 2011 Page 4 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, Chris Garcia, at 760-602-4622. Sincerely, Glen K. Van Peski, P.E., P.LS. City Engineer cc: Project Engineer, Steve Bobbett Project Planner, Chris Garcia Engineer or Work, Engineering Design Group Fire Department, Gregory Ryan Senior Office Specialist, IDE Associate Analyst, IDE (scanned copy to MS File) Doc DR-06-23 01/18/2011 CITY OF (CARLSBAD Community & Economic Development www.carlsbadca.gov September 19, 2011 STEB Properties, LLC 7149 Obelisco Circle Carlsbad, CA 92009 FINAL DECISION LETTER OF TENTATIVE PARCEL MAP Project ID: MS 11-03 Project Name: Madsen Parcel Map APN; 215-310-41 _ Whereas no review of the Preliminary Decision letter dated August 22, 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, Chris Garcia, at 760-602-4622. Sincerely, Glen K. Van Peski, P.E., P.LS. City Engineer cc: Engineer of Work, Engineering Design Group Project Engineer, then file Planner, Chris Garcia Senior Management Analyst, CED Senior Office Specialist, IDE Associate Analyst, IDE (scanned copy to MS file) Land Development Engineering Division1 •* •* 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-2740 F 760-602-1052 ©