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HomeMy WebLinkAboutMS 06-12; Carlsbad Kelly JRM Office Building; Minor Subdivision (MS)Citv of Carlsbad~~i&~~ ^^^^^^^^^^^r^^^^^^KViY^^^^^r^^^^MPublic Works October 24,2006 NOTICE OF FILING OF TENTATIVE PARCEL MAP MINOR SUBDIVISION NO. 06-12 Notice is hereby given that a Tentative Parcel Map has been filed on property generally located at the southeast corner of Aviara Parkway and Palomar Airport Road and more particularly described as a portion of Parcel "C" and all of Parcel "D" of Parcel Map No. 2993 filed in the Office of the County Recorder of San Diego County, August 23, 1974 as file No. 74-230326,0.R., and a portion of Parcel 2 of Certificate of Compliance filed in the Office of the County Recorder of San Diego County, February 15, 1990 as File No. 90-085876 O.R., all being in the City of Carlsbad, County of San Diego, State of California. The project involved is described as subdividing one lot into two lots for development of an office building. APPLICANT: Kelly/JRM - Palomar Airport Road I, LLC STATEMENT OF THE MATTER: This project is a minor subdivision (four units or less), which by subdivision ordinance, does not require a public hearing. A minor subdivision is processed by the City staff and must comply with all applicable codes, regulations, and zoning. Each property owner may request, in writing, the opportunity to be heard on the Tentative Parcel Map. Such written request must be filed with the City Engineer within fifteen (15) days of this notice. Failure to so file shall be deemed a waiver of your rights with regard to this matter. Your comments and suggestions are appreciated. If you have any questions or comments, please do not hesitate to contact David Rick of our office at (760)602-2781. DAVID HAUSER Deputy City Engineer RJW:ma c: Project Engineer H:\Development Services\Projects\MS FILES\MS 06\MS 06-12 Kelly JRM Office notice offiling.doc Revised: 5/20/02 1635 Faraday Avenue - Carlsbad, CA 92008-7314 • (76O) 602-273O - FAX (76O) 6O2-8562 City of Carlsbad Public Works October 15,2007 NOTICE OF APPROVAL OF TENTATIVE PARCEL MAP MINOR SUBDIVISION NO. 06-12 Notice is hereby given that a Tentative Parcel Map has been approved on property generally located at the southeast corner of Aviara Parkway and Palomar Airport Road and more particularly described as a portion of Parcel "C" and all of Parcel "D" of Parcel Map No. 2993 filed in the Office of the County Recorder of San Diego County, August 23, 1974 as file No. 74-230326, O.R., and a portion of Parcel 2 of Certificate of Compliance filed in the Office of the County Recorder of San Diego County, February 15, 1990 as File No. 90-085876 O.R., all being in the City of Carlsbad, County of San Diego, State of California. The project involved is described as subdividing one lot into two lots for development of an office building. APPLICANT: Kelly/JRM - Palomar Airport Road I, LLC STATEMENT OF THE MATTER: Per City of Carlsbad Code Section 20.24.140(b) and the California- Subdivision Map Act Section 66452.5(d) any interested person adversely affected by this decision of the City Engineer may appeal it to the City Council. An appeal to the City Council must be filed at the City Clerks Office and the appeal fee amount listed in the most recent edition of the Carlsbad "Community Development Fees" schedule must be paid. The appeal must be filed with the City Clerk in writing within 10 days of the date of the final approval letter (Attached). If you wish to file an appeal please contact the City Clerks office in person. If you have any questions regarding this matter please do not hesitate to contact David Rick at (760) 602-2781. DAVID HAUSER Deputy City Engineer RJW:ma Project Engineer Management Analyst, Planning H:\Development Services\Projecls\MS FILES\MS 06\MS 06-12 Kelly JRM Offices - Rick\Administrative DocumentsVMS 06-12 kelly JRM notice_of_approval.docRevised: 5/19/2003 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-273O • FAX (76O) 602-8562 lmpression antibourrage et a sechagr -,pide Utilise? \e gabarit 5160 ASCENT BIL™ORE CARLSBAD L L 8475 E HARTFORD DR 201 SCOTTSDALE, AZ 85255-5477 www.avery.r- 1-800-GO-AV SADDLEVIEW LLC 16461 SHERMAN WAY 350 VAN NUYS, CA 91406-3828 AVERY® 624rc CARLSBAD LAUREL TREE APARTMEI 22 W 35TH ST 100 NATIONAL CITY, CA 91950-7926 JAMES 4218 SKYLINE RD CARLSBAD,92008-3642 GREYSTONE HOMES INC 1525 FARADAY AVE 300 CARLSBAD, CA 92008-7372 SIM USA INC 1400 FLAME TREE LN CARLSBAD, CA 92011-1201 KELLY CORPORATE CENTER II A 1 6005 HIDDEN VALLEY RD 150 CARLSBAD, CA 92011-4224 KELLYJRM-PALOMAR AIRPORT ROAI 1040 S ANDREASEN DR 200 ESCONDIDO, CA 92029-1951 KELLY CORPORATE C 8525 GIBBS DR 200 SAN DIEGO, CA 92123-1765 *** 9 Printed *** AH3AV-O9-008-1 3iVldlAI3i ( City of Carlsbad Public Works October 15, 2007 Attention: Natalie Dew Kelly/JRM Palomar Airport Road Suite 200 1040 S. Andreason Drive Escondido, CA 92029 PROPOSED MINOR SUBDIVISION NO. 06-12 APPROVAL Whereas no review of the conditions of the letter of preliminary approval was requested by the appropriate date; and whereas the requirements of the California Environmental Quality Act and the City of Carlsbad Environmental Protection Ordinance of 1973 relating to the subject proposed parcel map have been examined by the Planning Director and declared to have a non-significant impact upon the environment; and whereas negative findings delineated by Section 20.24.130 of the Carlsbad Municipal Code have not been made; and whereas this minor subdivision is found to be in conformity with the General Plan of the City of Carlsbad; therefore, a final decision has been made to approve the subject tentative parcel map subject to the conditions set forth in the preliminary approval letter. David A. Hauser Deputy City Engineer RJW:ma Project Engineer, David Rick Senior Office Specialist, Dev. Services Project Planner, Van Lynch Management Analyst, Planning HAnavalnpmant SBrviras\Prnjscls\MS Fll FS\MS nR\MS 06-17 Kully .IRM Offinas - Rlf-MConditions nf ApprovalVMS 06-12 Kelly JRM final approval.docRevised: 5120102 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-2730 • FAX (760) 6O2-8562 City of Carlsbad Public Works — Engineering September 24, 2007 Attention: Natalie Dew Kelly/JRM Palomar Airport Road Suite 200 1040 S. Andreason Drive Escondido, CA 92029 PROPOSED MINOR SUBDIVISION NO. MS 06-12, CARLSBAD KELLY/JRM OFFICE BUILDING A preliminary decision has been made, pursuant to Section 20.24.120 of the City of Carlsbad Municipal Code, to approve the tentative parcel map of the proposed minor subdivision subject to conditions that follow in this letter. 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. Engineering Conditions: 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. This approval is subject to the approval and conditions of GPA 04-20, ZC 04-15, LCPA 06-05, SDP 03-01, CDP 03-03, PIP 03-01. 3. Developer shall submit to the City Engineer, a reproducible 24" x 36", mylar copy of the tentative map and a digital copy of said map (in AutoCAD format, latest version) reflecting the conditions approved by the final decision making body and any applicable coastal commission approvals. 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 or grading plans, whichever occurs first. The digital file copy shall be submitted in a format as approved by the City Engineer. 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 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. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (76O) 602-272O • FAX (760) 6O2-8562 5. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. Fees/Agreements 6. 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. 7. 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 subject property. 8. Developer shall cause property owner to execute, and submit to the City Engineer for recordation, a City Standard deed restriction on the property which relates to the proposed cross lot drainage as shown on the tentative map. The deed restriction document shall: a. Clearly delineate the limits of the drainage course; b. State that the drainage course is to be maintained in perpetuity by the underlying property owner; and c. State that all future use of the property along the drainage course will not restrict, impede, divert or otherwise alter drainage flows in a manner that will result in damage to the underlying and adjacent properties or the creation of a public nuisance. 9. Developer shall cause property owner to execute and submit to the City Engineer for recordation a notice against the property owners regarding potential odor from the existing sewer trunk main located along Palomar Airport Road. The form of said notice shall be prepared to the satisfaction of the City Engineer. 10. Prior to approval of any grading or building permits for this project, Developer shall cause Owner to give written consent to the City Engineer to 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 11. 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 apply for and obtain a grading permit from the City Engineer prior to issuance of a building permit. 12. This project requires off site grading. No grading for private improvements shall occur outside the limits of this approval unless Developer obtains, records and submits a recorded copy to the City Engineer a grading or slope easement or agreement from the owners of the affected properties. If Developer is unable to obtain the grading or slope easement, or agreement, no grading permit will be issued. In thaj case Developer must either apply for and obtain an amendment of this approval or modify the plans so grading will not occur outside the project and apply for and obtain a finding of substantial conformance from both the City Engineer and Planning Director. An on-site retaining wall between the parking stalls and the easterly property line, no higher than 6 vertical exposed feet, may be used to eliminate the need for off-site grading. MS 06-12 7 09/24/2007 Specific location and design of said alternative design is subject to the City Engineer's and Planning Director's approval. 13. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer receipt of a Notice of Intention from the State Water Resources Control Board. 14. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit and the City's SUSMP. Developer shall provide improvements constructed pursuant to best management practices as referenced in the "California Storm Water Best Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: a. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical'treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. c. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 15. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Pollution Prevention Plan (SWPPP)." The SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of the project. 16. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Storm Water Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter said pollutants from storm water, to the maximum extent practicable, for the post-construction stage of the project. At a minimum, the SWMP shall: a. Identify existing and post-development on-site pollutants-of-concern. b. Identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project. c. Recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging offsite; MS 06-12 7 09/24/2007 d. Establish specific procedures for handling spills and routine cleanup. Special considerations and effort shall be applied to employee education on the proper procedures for handling cleanup and disposal of pollutants. e. Ensure long-term maintenance of all post-construction BMPs in perpetuity. f. Identify how post-construction runoff rates and velocities from the site will not exceed the pre-construction runoff rates and velocities to the maximum extent practicable. 17. Developer shall cause property owner to process, execute and submit an executed copy to the City Engineer for recordation a City standard Best Management Practice Maintenance Agreement for the perpetual maintenance of all treatment control, applicable site design and source control, post-construction permanent BMP's prior to the issuance of a grading permit or building permit, or the recordation of a parcel map, whichever occurs first for this Project. Dedications/Improvements 18. Developer shall cause Owner to make an offer of dedication to the City and/or other appropriate entities for the drainage, storm drain access, sewer, water, open space and conservation, and public access (trail) easement and any other public easements shown on the tentative parcel map. The offer shall be made by a certificate on the parcel map or separate recorded document. The proposed public water easement shall be dedicated to Carlsbad Municipal Water District. This easement shall be recorded by separate document and processed by separate application through the City Engineering Department. 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. 19. Additional drainage easements may be required. Developer shall dedicate and provide or install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit. 20. Developer shall provide the design of all private drainage systems to the satisfaction of the City Engineer. All private drainage systems shall be inspected by the City. Developer shall pay the standard improvement plan check and inspection fees. 21. Developer shall execute a City standard Subdivision Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on the tentative parcel map. These improvements include, but are not limited to paving, base, sidewalks, curbs and gutters, signing and striping, traffic control, pedestrian trail, grading, clearing and grubbing, relocation of utilities, installation of sewer, water, fire hydrants, street lights, retaining walls and reclaimed water all constructed to City Standards to the satisfaction of the City Engineer. More specifically, these improvements include: a. Construct 5-foot wide sidewalk along project frontage of Palomar Airport Road. Relocate any signs as needed. Remove the existing Laural Tree Lane driveway approach to Palomar Airport Road and replace with curb, gutter and sidewalk. b. Construct concrete pad along Palomar Airport Road frontage for a future bus stop as shown on the tentative parcel map and as required per North County Transit District. c. Extend curb, gutter and sidewalk improvements along the Laurel Tree Lane property frontage to the southerly boundary of the subject property as shown on the tentative parcel map. MS 06-12 7 09/24/2007 d. Construct a looped public water line system connecting from Laurel Tree Lane to Aviara Parkway including all appurtenances as shown on the tentative parcel map. e. Construct a sewer lateral. A list of the above shall be placed on an additional map sheet on the Parcel Map per the provisions of Sections 66434.2 of the Subdivision Map Act. 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. 22. Developer shall cause Owner to waive direct access rights for that portion of Parcel 1 and 2 fronting Aviara Parkway. 23. Developer shall extinguish the existing rights-of-way of Laurel Tree Lane that currently traverse along the eastern portion of the property. Easements to be vacated are identified as Items "E, F, I, J and K" of the tentative parcel map. The developer shall provide proof that the private easements have been extinguished. Application(s) for a street and/or easement vacation shall be submitted to the City and approved for the above listed easement(s) that are public. 24. Developer shall preliminarily design, and obtain approval from fie City Engineer, the structural section for the access aisles with a traffic index of 5.0 in accordance with City Standards due to truck access through the parking area and/or aisles with an ADT greater than 500. Prior to completion of grading, the final structural pavement design of the aisle ways shall be submitted together with required R-value soil test information subject to the review and approval of the City Engineer. 25. Developer shall incorporate into the grading/improvement plans the design for the project drainage outfall end treatments for any drainage outlets where a direct access road for maintenance purposes is not practical. These end treatments shall be designed so as to prevent vegetation growth from obstructing the pipe outfall. Designs could consist of a modified outlet headwall consisting of an extended concrete spillway section with longitudinal curbing and/or radially designed rip-rap, or other means deemed appropriate, to the satisfaction of the City Engineer. 26. Developer shall pay their fair-share cost of the design and construction of the traffic signal at Laurel Tree Lane and Aviara Parkway. Said cost shall not exceed the maximum amount stipulated under item No. 5 of Exhibit A of the stipulated judgment in City of Carlsbad v. Richard C. Kelly, et. al. (1998) Case No. N 73929-1 of the Superior Court of the State of California for the County of San Diego. Parcel Map Notes 27. Add the following notes to the Parcel Map as non-mapping data: a. All improvements are privately owned and are to be privately maintained with the exception of the following: i. Sidewalk along project frontage of Palomar Airport Road. ii. Concrete pad along Palomar Airport Road frontage for future bus stop as required per North County Transit District, iii. Extension of curb, gutter and sidewalk improvements along the Laurel Tree Lane property frontage to the southerly boundary of the MS 06-12 7 ' 09/24/2007 subject property. iv. All onsite water line systems located within a public water easement, v. The sewer lateral located within the public right-of-way. 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. d. 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. Utilities 28. The Carlsbad Municipal Water District easement identified as File No. 223207 of Official records recorded December 28, 1961 and identified as Item "G" of the Easement Notes on the tentative parcel map shall be quitclaimed. 29. Prior to approval of improvement plans or final map, 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. 30. The 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 Engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. 31. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. 32. The Developer shall design landscape and irrigation plans utilizing recycled water as a source and prepare and submit a colored recycled water use map to the Planning Department for processing and approval by the District Engineer. 33. The Developer shall install (potable water and/or recycled water services) and meters at a location approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. 34. The Developer shall install sewer laterals and clean-outs at a location approved by the District Engineer. The locations of sewer laterals shall be reflected on public improvement plans. 35. The Developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the Tentative Parcel Map to the satisfaction of the District Engineer. MS 06-12 7 09/24/2007 Code Reminder 36. The project is subject to all applicable provisions of local ordinances, including but not limited to the following: a. The tentative parcel map shall expire two years from the date on which the City Engineer approved the application. b. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the tentative parcel map are for planning purposes only. 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. 37. The developer shall install at developer's cost a temporary fence or other acceptable barrier to prevent unauthorized motor vehicles from accessing the City trail along the Laural Tree property frontage, as directed by the City Engineer. Said fence shall also be removed at developer's cost when and as directed by the City Engineer. The developer may request a review of the preliminary decision with the City Engineer in writing within ten (10) days of the date of this letter. Upon such written request the City Engineer shall arrange a time and place with the developer for such review. The City Engineer has reviewed each of the exactions imposed on the developer contained in these conditions of approval, 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 degree of the exaction is in rough proportionality to the impact caused by the project. If you have any questions, you may contact David Rick at (760) 602-2781. David A. Mauser Deputy City Engineer c: David Rick, Assistant Engineer John O'Donnell, Senior Engineer Project Planner, Van Lynch File MS 06-12 7 09/24/2007