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HomeMy WebLinkAboutMS 12-01; Pacific Ridge School Minor Subdivision; Minor Subdivision (MS)CITY OF V'CARLSBAD Community & Economic Development www.carlsbadca.gov March 27, 2012 Pacific Ridge School 6269 El Fuerte Street Carlsbad, CA 92009 PRELIMINARY DECISION LETTER OF TENTATIVE PARCEL MAP Proiect ID: MS 12-01 Project Name: Pacific Ridge School Minor Subdivision APN: 213-122-16 The city engineer has completed a review ofthe application for a tentative parcel map located at 6269 El Fuerte Street, Carlsbad, CA 92009. 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 wiil arrange a time and place for such review. If after 10 days no request is made, or foliowing a requested review of this preliminary approval, the city engineer will issue a final approval letter for this tentative parcel map. Findings: 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 planned community; is being subdivided into two parcels; no variances are needed for the subdivision; ail services for the lots are avaiiabie; 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. 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 ofthe Carlsbad Municipal Code and the State Subdivision Map Act, in that the lots being created satisfy all minimum requirements Land Development Engineering Division -"f -—————.———— ——. ' ' '——.—————. •^""' -•^^ T 760-602-2740 F 760-602-1052 ® Pacific Ridge School March 27, 2012 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 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 porcel map, must be met prior to approval of afinal parcel map. General 1. This approval is granted subject to the approval of PUD 11-02. 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 ofthe parcel map. 3. Unless a standards variance has been issued, no variance from city standards is authorized by virtue of approval ofthis tentative parcel map. 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. Pacific Ridge School March 27, 2012 Page 3 5. Developer shali 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 ofthe facility permitted hereby, including without limitation any and all liabilities arising from the emission by the faciiity of electromagnetic fields or other energy waves or emissions. 6. 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, 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. 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. 8. 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 iimited 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. Fees/Agreements 9. Developer is required to pay all required fees and deposits prior to approval of the parcel map. 10. 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. 11. 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. Dedications 12. Developer shall cause owner to submit to the city engineer for recordation a covenant of Pacific Ridge School March 27, 2012 Page 4 easement for private access purposes as shown on the tentative parcel map. Developer shall pay processing fees per the city's latest fee schedule. Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 13. 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. 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, Christer Westman, at 760-602-4614. Sincerely, Glen K. Van Peski, P.E., P.L.S. City Engineer cc: Project Engineer, Tecla Levy Project Planner, Christer Westman Fire Department, Gregory Ryan Senior Office Specialist, LDE Associate Analyst, LDE (scanned copy to MS File) s/^