HomeMy WebLinkAboutMS 13-02; King Property; Minor Subdivision (MS)~CARLSsAo
Community & Economic Development
January 23, 2014
Robert Sukup
4322 Sea Bright Place
Carlsbad, CA 92008
www.carlsbadca.gov
SUBJECT: TENTATIVE PARCEL MAP -MS 13-02 -KING PROPERTY -Request for approval of
Tentative Parcel Map MS 13-02 to subdivide an existing 1.52 acre parcel into four parcels approximately
between .23 and .27 acre in size at 1600 Buena Vista Way, in the R-1 Zone and in Local Facilities
Management Zone 1.
Dear Mr. Sukup,
The City Planner has completed a review of the application for a tentative parcel map located at 1600
Buena Vista Way. The existing lot contains one single-family home and the subdivision will create four
residentially zoned parcels with the existing home being preserved on its own remainder parcel. The
other four parcels would be available for the construction of one single-family home each under the
current R~1 zoning designation.
The City Planner has made a 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.
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 Jots 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. That 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, and will not cause serious public health problems, in that the RLM General Plan Land Use
designation allows for residential one-family lots. The lots being created satisfy all minimum
requirements of Titles 20 and 21 regarding lot sizes and configuration and have been designed
to comply with all other applicable regulations.
· ·· . Planning Division
~' 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559
MS 13-02-KING PROPERTY
January 23, 2014
Page 2
3. That the proposed project is compatible with the surrounding future land uses since
surrounding properties also are designated for Residential Low-Medium (RLM} density
development on the General Plan, in that the subject property is surrounded by existing single-
family homes and is currently developed with one single-family home. The creation of four
additional lots would provide for four additional single-family homes which would result in a
project density (3.33 dwelling units per acre (du/ac)) which is within the density range allowed
by the RLM designation (0-4 du/ac).
4. That the site is physically suitable for the type and density of the development since the site is
adequate in size and shape to accommodate residential development at the density proposed,
in that the proposed subdivision meets all development standards and design criteria required
by the R-1 zo~e for the creation of four standard lots and a remainder lot including but not
limited to requirements for access, minimum lot size, lot width and setbacks.
5. That 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 has
delineated and preserved on the parcel map, all existing easements of record.
6. That the property is not subject to a contract entered into pursuant to the Land Conservation
Act of 1965 (Williamson Act).
7. That the property cannot be served adequately with a public street without panhandle lots due
to unfavorable conditions resulting from unusual topography, surrounding land development, or
lot configuration, in that due to the site's topography, the project is best served by having one
of the lots accessed with a panhandle configuration. This creates lots that are relatively equal
in size and buildable area. All other lots have direct access and standard minimum frontage
on existing public streets.
8. That subdivision with panhandle lots will not preclude or adversely affect the ability to provide
full public street access to other properties within the same block of the subject property, in
that the existing street, James Drive, provides access to the adjacent properties. Furthermore,
the access for the panhandle lot will be located within a 20 foot wide portion of the lot that
connects directly with James Drive. No other access easements are proposed or necessary for
adjacent properties.
9. That the buildable portion of the panhandle lot consists of 9,326 square feet, which meets the
requirements of Section 21.10.100(C) of the Carlsbad Municipal Code.
10. That the front, side, and rear property lines of the buildable lot, for purposes of determining
required yards, are as shown on Exhibit "A".
11. That any panhandle lot hereby approved satisfies all the requirements of Section 21.10.100(0)
of the Carlsbad Municipal Code.
MS 13-02-KING PROPER1Y
·January 23, 2014
Page 3
12. That the design of the subdivision provides, to the extent feasible, for future passive or natural
heating or cooling opportunities in the subdivision, in that the lots are at least 2,500 square feet
larger than the minimum lot size required by the R-1 zone, and future structures have
flexibility in design to take advantage of shade or prevailing breezes.
13. That the City Planner has considered, in connection with the housing proposed by this
subdivision, the housing needs of the region, and balanced those housing needs against the
public service needs of the City and available fiscal and environmental resources and the project
has been conditioned to pay housing in-lieu fees.
14. That 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.
15. That the discharge of waste from the subdivision will not result in violation of existing California
Regional Water Quality Control Board requirements, in that the project has been designed in
accordance with the Best Management Practices for water quality protection in accordance
with the City's sewer and drainage standa.rds and the project is conditioned to comply with
the National Pollutant Discharge Elimination System (NPDES) requirements.
16. That the City Planner finds that the project, as conditioned herein, is in conformance with. the
City's General Plan in that the subject property is designated RLM (0-4 dwelling units per acre
(du/ac) with a 3.2 du/ac Growth Management Control Point density). The property has a net
area of 66,090 square feet (1.52 acre) and at the RLM Growth Management Control Point,
4.86 dwelling units are allowed. The project's proposed density of 3.33 du/ac is slightly above
the Growth Management Control Point density (3.2 du/ac) used for the purposes of
calculating the City's compliance with Government Code Section 65863. However, City
Council Policy No. 43 "Excess Dwelling Unit Bank" allows any residential project in which the
unit yield includes a fractional unit of .5 of greater to withdraw a fraction of a unit from the
"Excess Dwelling Unit Bank" in order to achieve but not exceed the next whole unit; provided
the maximum density allowed by the General Plan is not exceeded. In addition, the project
has been conditioned to pay affordable housing in-lieu fees in order to provide their
proportionate share of affordable housing.
17. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 1 and all City public facility policies and ordinances. The project
includes elements or has been conditioned to construct or provide funding to ensure that all
facilities and improvements regarding sewer collection and treatment; water; drainage;
circulation; fire; schools; parks and other recreational facilities; libraries; government
administrative facilities; and open space, related to the project will be installed to serve new
development prior to or concurrent with need. Specifically,
a. The project has been conditioned to provide proof from the Carlsbad School District that
the project has satisfied its obligation for school facilities.
MS 13-02-KING PROPERTY
January 23, 2014
Page4
b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be
collected prior to issuance of building permit.
c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected
prior to the issuance of building permit.
18. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
19. The City Planner has reviewed each of the exactions imposed on the Developer contained in this
resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts
caused by or reasonably related to the project, and the extent and the degree of the exaction is
in rough proportionality to the impact caused by the project.
CONDITIONS:
Note: 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.
Planning
1. 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
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 Tentative
Parcel Map.
2. Approval is granted forMS 13-02 as shown on Exhibits "A"-"B", dated January 21, 2014, on file
in the Planning Division and incorporated herein by reference. Development shall occur
substantially as shown unless otherwise noted in these conditions.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Tentative Parcel Map 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.
4. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
5. 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,
MS 13-02-KING PROPER1Y
January 23, 2014
Page 5
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.
6. 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 Tentative Parcel Map , (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.
7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from the Carlsbad Unified School District that this project has satisfied its obligation to
provide school facilities.
8. 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.
9. 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.
10. At issuance of building permits, or prior to the approval of a final map and/or issuance of
certificate of compliance for the conversion of existing apartments to air-space condominiums,
the Developer shall pay to the City an inclusionary housing in-lieu fee as an individual fee on a
per market rate dwelling unit basis in the amount in effect at the time, as established by City
Council Resolution from time to time.
11. 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 21.90. All such taxes/fees shall be paid at issuance of building
permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan
and shall become void.
MS 13-02-KING PROPERTY
January 23, 2014
Page 6
12. Prior to the approval of the final map, owner/applicant shall submit to the City a Notice of
Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the City
Planner, notifying all interested parties and successors in interest that the City of Carlsbad has
issued a Tentative Parcel Map on the real property owned by the owner/applicant. Said Notice
of Restriction shall note the property description, location of the file containing complete
project details and all conditions of approval as well as any conditions or restrictions specified
for inclusion in the Notice of Restriction. The City Planner has the authority to execute and
record an amendment to the notice, which modifies or terminates said notice upon a showing of
good cause by the owner/applicant or successor in interest.
13. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities
District or other financing mechanism which is inconsistent with City Council Policy No. 38, by
allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any
other disclosure required by law or Council policy, the Developer shall disclose to future owners
in the project, to the maximum extent possible, the existence of the tax or fee, and that the
school district is the taxing agency responsible for the financing mechanism. The form of notice
is subject to the approval of the City Planner and shall at least include a handout and a sign
inside the sales facility stating the fact of a potential pass-through of fees or taxes exists and
where complete information regarding those fees or taxes can be obtained.
14. This project has been found to result in impacts to wildlife habitat or other lands, such as
agricultural land, non-native grassland, and disturbed lands, which provide some benefits to
wildlife, as documented in the City's Habitat Management Plan and the environmental analysis
for this project. Developer is aware· that the City has adopted an In-lieu Mitigation Fee
consistent with Section E.6 of the Habitat Management Plan and City Council Resolution No.
2000-223 to fund mitigation for impacts to certain categories of vegetation and animal species.
The Developer is further aware that the City has determined that all projects will be required to
pay the fee in order to be found consistent with the Habitat Management Plan and the Open
Space and Conservation Element of the General Plan. Developer or Developer's successor(s) in
interest shall pay the fee prior to recordation of a final map, or issuance of a grading permit or
building permit, whichever occurs first for impacts to 1.12 acres of disturbed land. If the In-lieu
Mitigation Fee for this project is not paid, this project will not be consistent with the Habitat
Management Plan and the General Plan and any and all approvals for this project shall become
null and void.
15. Prior to final map approval, the sheds on the remainder parcel shall be removed or relocated
to comply with current setback requirements.
Engineering
General
16. 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.
MS 13-02-KING PROPERTY
January 23, 2014
Page 7
17. This project is approved upon the express condition that building permits will not be issued for
the development of the subject property, unless the district engineer has determined that
adequate water and sewer facilities are available at the time of permit issuance and will
continue to be available until time of occupancy.
18. Developer shall submit to the city planner, a reproducible 24" x 36", mylar copy of the Site Plan
and conceptual grading plan reflecting the conditions approved by the final decision making
body. The reproducible shall be submitted to the city planner, reviewed and, if acceptable,
signed by the city's project engineer and project planner prior to submittal of the building plans,
improvement plans, grading plans, or final map, whichever occurs first.
19. Unless a standards variance has been issued, no variance from city standards is authorized by
virtue of approval of this tentative parcel map.
20. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time building permits are issued.
21. 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.
22. 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.
23. 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.
Fees/ Agreements
24. Developer is required to pay all required fees and deposits prior to approval of the parcel map.
25. Developer shall pay the Planned local Drainage Area Fee prior to approval of the parcel map.
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
MS 13-02-KING PROPERTY
January 23, 2014
Page 8
Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee
for Zone [INSERT], 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 property owner to execute and submit to the city engineer for
recordation, the city's standard form Geologic Failure Hold Harmless Agreement.
28. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city's standard form Drainage Hold Harmless Agreement.
29. 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.
30. Developer shall cause property owner to submit an executed copy to the city engineer for
recordation a city standard Permanent Stormwater Quality Best Management Practice
Maintenance Agreement.
31. 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 Arland Road along
the property frontage for a half street width of 30-feet. Public improvements shall include but
are not limited to paving, base, sidewalks, curbs and gutters, grading, clearing and grubbing,
relocation of utilities, street lights and pedestrian ramp.
32. 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.
33. Prior to issuance of building permits, or 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
34. Based upon a review of the proposed grading and the grading quantities shown on the tentative
map, a grading permit for this project is required. Developer shall prepare and submit plans and
technical studies/reports for city engineer review, post security and pay all applicable grading
plan review and permit fees per the city's latest fee schedule.
35. Developer shall comply with the city's Stormwater Regulations, latest version, 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
MS 13-02-KING PROPER1Y
January 23, 2014
Page 9
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.
36. 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.
37. This project is subject to 'Priority Development Project' requirements. Developer shall prepare
and process a Storm Water Management Plan (SWMP), subject to city engineer approval, to
demonstrate how this project meets new/current storm water treatment requirements per the
city's Standard Urban Storm Water Management Plan (SUSMP), latest version. In addition to
new treatment control BMP selection criteria in the SUSMP, the developer shall use low impact
development (site design) approaches to ensure that runoff from impervious areas (roofs,
pavement, etc.) are drained through landscaped (pervious) areas prior to discharge. Developer
shall pay all applicable SWMP plan review and inspection fees per the city's latest fee schedule.
38. 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.
39. Developer shall submit documentation, subject to city engineer approval, demonstrating how
this project complies with Hydromodification requirements per the city's SUSMP, latest version.
Documentation shall be included within the Storm Water Management Plan (SWMP).
Dedications/Improvements
40. Developer shall cause owner to submit to the city engineer for recordation a covenant of
easement for private sewer purposes as shown on the tentative map. Developer shall pay
processing fees per the city's latest fee schedule.
41. Developer shall cause owner to dedicate an easement to the city and/or other appropriate
entities for the public street & public utility purposes as shown on the tentative parcel map. The
offer shall be made by a certificate on the parcel map or separate recorded document. All land
so offered shall be free and clear of all liens and encumbrances and without cost to the city.
Streets that are already public are not required to be rededicated. Additional easements may be
required at final design to the satisfaction of the city engineer.
42. 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 plan check
MS 13-02-KING PROPERTY
January 23, 2014
Page 10
and inspection fees for private drainage systems.
43. 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. Curb, gutter and sidewalk (standard and porous concrete), driveway ramps, curb outlets,
pedestrian ramps, new pavement and base, and grind and overlay asphalt concrete.
B. Replacing a street grate inlet with a curb inlet and extending new 18 inch Reinforced
Concrete Pipe between the existing pipe and said curb inlet.
C. Installing new sewer and water services.
D. Installing a street light at the northwest corner of James Drive and Buena Vista Way if no
other street light is constructed at the intersection before construction of the
improvements described herein are completed.
Developer shall pay the standard improvement plancheck and inspection fees. Improvements
listed above shall be constructed within 18 months of approval of the subdivision or
development improvement agreement or such other time as provided in said agreement.
Non-Mapping Notes
44. 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 lmproveme.nt 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:
I. Curb, gutter and sidewalk (standard and porous concrete), driveway ramps,
curb outlets, pedestrian ramps, new pavement and base, and grind and
overlay asphalt concrete.
II. Replacing a street grate inlet with a curb inlet and extending new 18 inch
Reinforced Concrete Pipe between the existing pipe and said curb inlet.
Ill. Installing new sewer and water services.
IV. Installing a street light at the northwest corner of James Drive and Buena Vista
Way if no other street light is constructed at the intersection before
construction of the improvements described herein are completed.
B. This subdivision contains a remainder parcel. No building permit shall be issued for the
remainder parcel until a certificate of compliance or conditional certificate of compliance
is obtained pursuant to the provisions ofTitle 20 of the Carlsbad Municipal Code.
C. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
MS 13-02-KING PROPERTY
January 23, 2014
Page 11
Utilities
E. Geotechnical Caution: 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.
F. 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.
G. 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.
45. 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.
46. 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.
47. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
48. Developer shall install potable water and/or recycled water services and meters at locations
approved by the district engineer. The locations of said services shall be reflected on public
improvement plans.
49. 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.
SO. 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:
51. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final parcel map as
required by Chapter 20.44 of the Carlsbad Municipal Code.
MS 13-02-KING PROPERTY
January 23, 2014
Page 12
52. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
53. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 1 as required by Carlsbad Municipal Code Section 21.90.050.
54. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050
of the Carlsbad Municipal Code.
55. 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.
56. This tentative parcel map shall expire two years from the date on which the city planner
approves this application unless extended per Chapter 20.24.180 of the Carlsbad Municipal
Code.
57. 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) shown
on the tentative parcel map are for planning purposes only.
. '
~, . {
MS 13-02-KING PROPERTY
January 23, 2014
Page 13
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.
This decision may be appealed by you or any other member of the public to the Planning Commission
within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division
at 1635 Faraday Avenue in Carlsbad, along with a payment of $651.00 plus noticing fees. The filing of
such appeal within such time limit shall stay the effective date of the order of the City Planner until such
time as a final decision on the appeal is reached. If you have any questions regarding this matter, please
feel free to contact the Project Planner, Chris Garcia, at 760-602-4622.
Sincerely,
CHRIS DeCERBO
Principal Planner
CD:CG:fn
c: William King, Trustee, 5120 Avenida Encinas #100, Carlsbad, CA 92008
Don Neu, City Planner
David Rick, Project Engineer
Chris DeCerbo, Principal Planner
Greg Ryan, Deputy Fire Marshall
File Copy
Data Entry