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HomeMy WebLinkAboutMS 07-11; 3053 Ocean St; Minor Subdivision (MS)City of Carlsbad Public Works - Engineering January 16, 2008 NOTICE OF FILING OF TENTATIVE PARCEL MAP MINOR SUBDIVISION NO. 07-11 Notice is hereby given that a Tentative Parcel Map has been filed on a property generally located at 3053 Ocean Street, being a portion of Map 365 "Town of Carlsbad", in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, February 2, 1887. This project is being reviewed by City staff and affected departments. This project proposes to create three (3) airspace condominium units. In association with this project, the Developer is concurrently processing Administrative Variance AV 07-10, Coastal Development Permit CDP 07-32, Hillside Development Plan HDP 07-04, Site Development Plan SDP 07-07, and Variance V 07-06. These applications are subject to Planning Commission review and approval. APPLICANT: Hofman Planning & Engineering 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 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. In accordance with section 20.24.115 of the Municipal Code, provide written request must be filed with the City Engineer within fifteen (15) days of this notice. Your comments and suggestions are appreciated. This is the 1st of two public notices you will receive. When the applicant has resolved all project issues and conditions-of-approval have been prepared, staff will send a notice of decision at that time. If you have any questions or comments or wish to view the Tentative Parcel Map, please do not hesitate to contact Stephen Bobbett, the Project Engineer at 760-602-2747. Robert T. Johnson, Jr., PE City Engineer by: David A. Hauser, PE Deputy City Engineer c:File Attachment 1: Reduced copy of proposed tentative parcel map 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 6O2-2720 • FAX (760) 602-8562 AH3AV-O9-008-1 uoipmisuj.p ap suas ©09I.S ©AM3AV iueqe6 i 1 e ssipej. sewanbjig BENSON K BOREYKO 8322 E HARTFORD DR SCOTTSDALE, AZ 85255-5466 K B CARLSBAD INVESTORS L L C 3915 E BROADWAY BLVD 300 TUCSON, AZ 85711-3422 EDWARD J & MARIA QUIRK 7859 BERMUDA DUNES AVE LAS VEGAS, NV 89113-1222 DEWANNA HUSCHKA 3522 W 229TH PL TORRANCE, CA 90505-7336 ELIZABETH REUSS 1985 E CRARY ST PASADENA, CA 91104-1702 FIVE Z NORTH L L C 1579 HIKERS TRAIL DR CHULA VISTA, CA 91915-1826 INDIGO BLUE L L C 2950 OCEAN ST CARLSBAD, CA 92008-2952 WESLEY MARX 2995 OCEAN ST CARLSBAD, CA 92008-2953 THOMAS M FUNKE 3100 OCEAN ST CARLSBAD, CA 92008-2959 VIRGINIA A PHIPPS 3015 OCEAN ST CARLSBAD, CA 92008-2958 DOUGLAS A DODSON 3085 OCEAN ST CARLSBAD, CA 92008-2958 BARBARA C CRAIG 300 CARLSBAD VILLAGE DR 108A: CARLSBAD, CA 92008-2900 RED ROBINSON 2770 SUNNY CREEK RD CARLSBAD, CA 92010-7134 CARLSBAD INN LTD PO BOX 4068 CARLSBAD, CA 92018-4068 JERSE 17342 TAM 0 SHANTER DR POWAY, CA 92064-1325 PERRY PO BOX 1102 RANCHO SANTA CA 92067-1102 FORESTER FAMILY 650 RED PLUM LN VISTA, CA 92081-7558 3053 OCEAN STREET L L C 6660 WANDERMERE CT SAN DIEGO, CA 92120-3246 FRANK J & EVELYN ROSE 32791xLUMERIA LN DANA POINT, CA 92629-3548 MICHAEL W & MARJA SELNA 6284 FORESTER DR HUNTINGTON BE, CA 92648-6611 TR LOPEZ 3718 SAN REMO DR SANTA BARBARA, CA 93105-7336 DEBOER 5703 W SWEET DR VISALIA, CA 93291-9295 *** 22 Printed *** Tajnieej |88d Aseg I }33l|S UOIpnJlSU| 83$ jaded ®09is 3ivndi/\i3i ®^9Av asn |33d City of Carlsbad Public Works - Engineering January 2, 2009 3053 Ocean Street, LLC 513 Ocean Bluff Way Encinitas, CA 92024 PROPOSED MINOR SUBDIVISION NO. MS 07-11 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 the subject proposed parcel map has been designed to protect and enhance to the maximum extent practicable the water quality of the City of Carlsbad receiving waters and wetlands pursuant to Title 15 of the Carlsbad Municipal Code; 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. Robert T. Johnson, Jr., PE City Engineer by: David A. Hauser, PE Deputy City Engineer c: Stephen Bobbett, Associate Engineer Senior Office Specialist, Dev. Services Greg Fisher, Associate Planner Senior Management Analyst, Planning 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-2720 • FAX (76O) 602-8562 City of Carlsbad Public Works - Engineering January 2, 2009 NOTICE OF APPROVAL OF TENTATIVE PARCEL MAP MINOR SUBDIVISION NO. MS 07-11 Notice is hereby given that a Tentative Parcel Map has been approved on property generally located 3053 Ocean Street and more particularly described as a portion of The Town of Carlsbad in the City of Carlsbad, County of San Diego, State of California, according to map thereof 365, filed in the Office of the County Recorder of San Diego County, February 2, 1887. The project involved is described as a single lot minor subdivision for the construction of two condominium units. APPLICANT: 3053 Ocean Street, 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 Clerk's 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. If you wish to file an appeal, please contact the City Clerk's office in person. If you have any questions regarding this matter, please do not hesitate to contact Steve Bobbett at 760-602-2747. DAVID A. HAUSER Deputy City Engineer Attch: Final Approval Letter dated January 2, 2009 300 foot radius map C: Steve Bobbett, Associate Engineer Senior Management Analyst, Planning H:\Development Services\PROJECTS\MS FILES\MS 07\MS 07-11 3053 Ocean Street - Bobbett\Cond Approval\NOTICE OF APPROVAL OF TENTATIVE PARCEL MAP.doc 1635 Faraday Avenue - Carlsbad, CA 92008-7314 - (760) 602-2720 • FAX (760) 602-8562 City of Carlsbad «^ Vm^H^M^MaMOTBBBHBBI^^^^^B^^^^^^^^^^^^^^^^^^^nPublic Works - Engineering December 24, 2008 3053 Ocean Street, LLC 513 Ocean Bluff Way Encinitas, CA 92024 PROPOSED MINOR SUBDIVISION NO. 07-11,3053 OCEAN STREET The City Engineer has made a preliminary decision 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 the findings and conditions that follow in this letter. The developer, or property owners who have previously filed a written request related to the project, may request in writing that the preliminary decision be reviewed. Such request must be received by the City Engineer within ten calendar days of the date of this preliminary approval. Upon receiving such written request, the City Engineer shall arrange a time and place for such review. FINDINGS 1. That the Planning Director has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15322 (In-Fill Development Projects) of the State CEQA Guidelines and will not have any adverse significant impact on the environment in that the project is consistent with the General Plan as well as with the Zoning Ordinance, the project site is within the City limits, is less than 5 acres in size, and is surrounded by urban uses; there is no evidence that the site has any value as habitat for endangered, rare, or threatened species; approval of the project will not result in significant effects relating to traffic, noise, air quality, or water quality; and the site can be adequately served by all required utilities and public services. 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 lot being created satisfies all minimum requirements of Title 20 regarding lot sizes and configuration and has 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 has received approval for AV 07-10 reducing the front yard setback and meets all development standards for 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, 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-2720 • FAX (760) 602-8562 d) The design of the subdivision and improvements are not likely to cause serious public health problems, and the discharge of stormwater from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that drainage swales and stormwater retention structures are incorporated into the subdivision design for filtration of and on-site use of stormwater runoff. The project is conditioned to incorporate Low Impact Design (LID) techniques, and to comply with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), and Order R9- 2007-001 of the San Diego Regional Water Quality Control Board: 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; the proposed building has been designed to accommodate he required additional offer of dedication along Ocean Street; and, f) The property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act); CONDITIONS NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed subdivision, must be met prior to approval of a parcel map or grading permit whichever occurs first. General 1. This approval is subject to the approval and conditions of SDP 07-07, CDP 07-32, HDP 07-04, CP 07-06 and AV 07-10. 2. 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. 3. Developer shall submit to the City Engineer, a reproducible 24" x 36", mylar copy of the Tentative Parcel Map and a digital copy of said map (in AutoCAD format, compatible with the 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, Parcel 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. 5. 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 utilities, sidewalks, landscaping, enhanced paving, water quality treatment measures, and storm drain facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the property within this subdivision. 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. 8. Developer shall cause property owner to process, execute and submit an executed copy to the City Engineer for recordation a City standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement for the perpetual maintenance of all treatment control, applicable site design and source control, post-construction permanent Best Management Practices prior to the issuance of a grading permit or building permit, or the recordation of a Parcel Map, whichever occurs first for this Project. 9. Developer shall cause property owner to apply for, execute, and submit, to the City Engineer for recordation, an Encroachment Agreement covering private hardscape improvements located over proposed public right-of-way or easements as shown on the Tentative Parcel Map. Developer shall pay processing fees per the City's latest fee schedule. 10. Developer shall cause properly owner to enter into a Neighborhood Improvement Agreement with the City on a City Standard form for the future public improvement of Ocean Street along the subdivision frontage for a half street width of twenty five feet. Public improvements shall include but are not limited to paving, base, sidewalks, curbs and gutters, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights, pedestrian ramp, and retraining walls. Grading 11. Based upon a review of the proposed grading and the grading quantities shown on the Tentative Parcel Map, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports, for City Engineer review, and shall pay all applicable grading plan review fees per the City's latest fee schedule. 12. Developer shall apply for and obtain a grading permit from the City Engineer. Developer shall pay all applicable grading permit fees per the City's latest fee schedule and shall post security per City Code requirements. 13. No grading for private improvements shall occur outside the project unless Developer obtains, records, and submits a recorded copy, to the City Engineer, a temporary grading, construction or slope easement or agreement from the owners of the affected properties. If Developer is unable to obtain the temporary grading or slope easement, or agreement, no grading permit will be issued. In that 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 and/or consistency determination from both the City Engineer and Planning Director. 14. 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 treatment 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. 15. 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 Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the satisfaction of the City Engineer. 16. Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code all to the satisfaction of the City Engineer 17. Developer shall incorporate Low Impact Development (LID) design techniques, on all final design plans submitted to the City, to reduce the amount of run-off by mimicking the natural hydrologic function of the site by preserving natural open-spaces and natural drainage channels, minimizing impervious surfaces, promoting infiltration and evaporation of run-off before run-off leaves the site. Developer shall incorporate LID techniques using current County of San Diego Low Impact Development Handbook (Stormwater Management Strategies). LID techniques include, but are not limited to: vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the volume, peak flow rate, velocity and pollutants. Dedications/Improvements 18. Developer shall cause Owner to make an Irrevocable Offer of Dedication to the City and/or other appropriate entities for the public street and public utility purposes as shown on the Tentative Parcel Map. The offer shall be made by a separate recorded document. All land so offered shall be free and clear of all liens and encumbrances and without cost to the City. Additional easements may be required at final design to the satisfaction of the City Engineer. 19. 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 and inspection fees for private drainage systems. 20. Developer shall design all proposed public improvements including but not limited to sewer laterals, streetlights, pedestrian ramps, driveways, sidewalk, water services/meters, curb drains, etc. as shown on the Tentative Parcel Map. These improvements shall be shown on one of the following, subject to City Engineer approval: A. Grading plans processed in conjunction with this project; or B. Construction Revision to an existing record public improvement drawing Developer shall pay plan check 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. Non-Mapping Notes 21. Add the following notes to the parcel map as non-mapping data: 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. Geotechnical Caution: 1) Slopes steeper than two parts horizontal to one part vertical exist within the boundaries of this subdivision. 2) 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. C. 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 22. 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. 23. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. 24. Developer shall install potable water services and meters at locations approved by the District Engineer. The locations of said services shall be reflected on the grading plan or public improvement plans. 25. 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 the grading plan or on public improvement plans. 26. The Developer shall provide separate potable water meters for each separately owned unit within this subdivision. Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 29. The tentative parcel map will expire twenty four (24) months from the date of final approval. 30. 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 contained in the staff report and shown on the Tentative Parcel Map are for planning purposes only. 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 Stephen Bobbett at (760) 602-2747. Robert T. Johnson, Jr., PE City Engineer by: David A. Hauser, PE Deputy City Engineer c: Stephen Bobbett, Associate Engineer Greg Fisher, Associate Planner Gregory Ryan, Fire Department File Ay3AV-O9-008-l uo;pnj;suj,p za)|nsu<o ®(ms ®A«3AV »ueqe6 a) sajpej. sawsnbjig BENSON K BOREYKO 8322 E HARTFORD DR SCOTTSDALE, AZ 85255-5466 K B CARLSBAD INVESTORS L L C 3915 E BROADWAY BLVD 300 TUCSON, AZ 85711-3422 EDWARD J & MARIA QUIRK 7859 BERMUDA DUNES AVE LAS VEGAS, NV 89113-1222 DEWANNA HUSCHKA 3522 W 229TH PL TORRANCE, CA 90505-7336 ELIZABETH REUSS 1985 E CRARY ST PASADENA, CA 91104-1702 FIVE Z NORTH L L C 1579 HIKERS TRAIL DR CHULA VISTA, CA 91915-1826 INDIGO BLUE L L C 2950 OCEAN ST CARLSBAD, CA 92008-2952 WESLEY MARX 2995 OCEAN ST CARLSBAD, CA 92008-2953 THOMAS M FUNKE 3100 OCEAN ST CARLSBAD, CA 92008-2959 VIRGINIA A PHIPPS 3015 OCEAN ST CARLSBAD, CA 92008-2958 DOUGLAS A DODSON 3085 OCEAN ST CARLSBAD, CA 92008-2958 BARBARA C CRAIG 300 CARLSBAD VILLAGE DR 108A: CARLSBAD, CA 92008-2900 RED ROBINSON 2770 SUNNY CREEK RD CARLSBAD, CA 92010-7134 CARLSBAD INN LTD PO BOX 4068 CARLSBAD, CA 92018-4068 JERSE 17342 TAM 0 SHANTER DR POWAY, CA 92064-1325 PERRY PO BOX 1102 RANCHO SANTA CA 92067-1102 FORESTER FAMILY 650 RED PLUM LN VISTA, CA 92081-7558 3053 OCEAN STREET L L C 6660 WANDERMERE CT SAN DIEGO, CA 92120-3246 FRANK J & EVELYN ROSE 32791 LUMERIA LN DANA POINT, CA 92629-3548 MICHAEL W & MARJA SELNA 6284 FORESTER DR HUNTINGTON BE, CA 92648-6611 TR LOPEZ 3718 SAN REMO DR SANTA BARBARA, CA 93105-7336 DEBOER 5703 W SWEET DR VISALIA, CA 93291-9295 *** 22 Printed *** ®09i.s®AH3AV Tajnjeaj |aaj Aseg JQJ.®o9is iL\ndi/\iai ®faw asn MS07- 1 I TENTATIVE PARCEL MAP FOR APN 203-251-03 IN THE CITY OF CARLSBAD. 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