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HomeMy WebLinkAboutMS 11-04; McCann Parcel Map; Minor Subdivision (MS)CITY OF ^CARLSBAD Community & Economic Development www.carlsbadca.gov May 13, 2011 Michael and Lisa McCann 7127 Hollister Avenue #25A 234 Goleta, CA 93117 PRELIMINARY DECISION LETTER OF TENTATIVE PARCEL MAP Project ID: MS 11-04 Project Name: McCann Parcel Map APN: 156-052-28 The city engineer has completed a review of the application for a tentative parcel map located at 2575 Highland Drive with access to and from Butters 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. 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 cocDR-os-23J_ ~ ~ : ; ni/ia/?nii 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-2740 F 760-602-1052 © Michael and Lisa McCann May 13, 2011 Page 2 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 two standard lots 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. 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. Doc DR-06-23 01/18/2011 Michael and Lisa McCann May 13, 2011 Page3 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 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. S. 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 9. Approval is granted for MS 11-04 as shown on the approved tentative parcel map incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 10. 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 Doc DR-06-23 01/18/2011 Michael and Lisa McCann May 13, 2011 Page 4 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. 11. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor Subdivision documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 12. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 13. 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. 14. 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. 15. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 16. 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. 17. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. Doc DR-06-23 01/18/2011 Michael and Lisa McCann May 13, 2011 PageS 18. Prior to building permit, the Developer shall pay to the City an inclusionary housing in-lieu fee for one dwelling unit as an individual fee on a per market rate dwelling unit basis in the amount in effect at the time, as amended by City Council Resolution from time to time. Standard Code Reminders 19. 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. Fire 20. An automatic fire sprinkler system is required for all residential occupancies permitted after January 1, 2011. 21. Notes shall be provided on all building plans submitted for review that indicate fire sprinklers are required. 22. A 1" water service and 1" water meter is required for Parcel 2. Fees/Agreements 23. Developer is required to pay all required fees and deposits prior to approval of the parcel map. 24. Developer shall pay the Planned Local Drainage Area Fee prior to approval of the parcel map. 25. 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. 26. 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. 27. 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 28. Supplemental grading plans are required- for precise grading associated with this project. Doc DR-06-23 01/18/2011 Michael and Lisa McCann May 13, 2011 Page 6 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. 30. Developer is responsible to ensure that all final design plans incorporate all source control, site design, treatment control BMP, and Low Impact Design (LID) facilities. 31. 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 32. Developer shall design all proposed public improvements including but not limited to sewer lateral and water service/meter as shown on the tentative parcel map. These improvements shall be shown on the following: A. 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. 33. Prior to issuance of a building permit for Parcel 2, developer shall install separate sewer service. Sewer service shall be provided to the satisfaction of the city engineer. Non-Mapping Notes 34. Notes to the following effects shall be placed on the parcel map as non-mapping: 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 D'ty of Carlsbad from any action that may Doc DR-06-23 01/18/2011 Michael and Lisa McCann May 13, 2011 Page? 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 by the design, construction or maintenance of the drainage system or other improvements. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 35. Developer shall install potable water service and meter at a location approved by the district engineer. The locations of said services shall be reflected on public improvement plans. 36. The developer shall install a sewer lateral and clean-outs at locations approved by the city engineer. The locations of sewer laterals shall be reflected on public improvement plans. 37. The developer shall provide separate potable water meters for each separately owned parcel within this subdivision. Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 38. This tentative parcel map will expire thirty-six (36) months from the date of the final approval notice issued by the city engineer. 39. 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. Doc DR-06-23 01/18/2011 Michael and Lisa McCann May 13, 2011 PageS 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, Glen K. Van Peski, P.E., P.L.S. City Engineer cc: Project Engineer, Steve Bobbett Project Planner, Greg Fisher Fire Department, Gregory Ryan Senior Office Specialist, IDE Associate Analyst, IDE (scanned copy to MS File) Doc DR-06-23 01/18/2011