HomeMy WebLinkAboutMS 11-01; Harding Street Apartments; Minor Subdivision (MS)^I i%rF> c ' T Y ° F
•V'CARLSBAD
Community & Economic Development www.carlsbadca.gov
November 4, 2011
Mr. Paul Jacinto
3430 A Harding Street
Carlsbad, CA 92008
PRELIMINARY DECISION LETTER OF TENTATIVE PARCEL MAP
Project ID: MS 11-01
Project Name: Harding Street
APN: 204-191-02
The city engineer has completed a review of the application for a tentative parcel map located at 3430,
3430-A, 3446 and 3446-A Harding Street. The city engineer has made a preliminary decision pursuant to
Section 20.24.120 of the City of Carlsbad Municipal Code to approve this tentative parcel map based on
the findings and subject to the conditions listed below.
Please review the following findings and conditions for this tentative parcel map. If you have concerns
or comments, you may request a review of this preliminary decision in writing. Such request must be
received by the city engineer within 10 calendar days of the date of this preliminary approval. Upon
receiving such written request, the city engineer will arrange a time and place for such review. If after 10
days no request is made, or following a requested review of this preliminary approval, the city engineer
will issue a final approval letter for this tentative parcel map.
Findings:
1. That the city planner has determined that the project is exempt from the requirements of the
California Environmental Quality Act (CEQA) per Section 15315 {Minor Land Division) of the
State CEQA Guidelines and will not have any adverse significant impact on the environment in
that the property is in an urbanized area; zoned for residential; is being subdivided into four or
fewer parcels; no variances are needed for the subdivision; all services for the lots are available;
the parcel was not part of a larger subdivision within the last two years; and the parcel does not
have an average slope greater than 20 percent.
2. The city engineer has determined that:
a) The proposed map and the proposed design and improvement of the subdivision, as
conditioned, is consistent with and satisfies all requirements of the General Plan, any
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code and the State
Subdivision Map Act, in that the lots being created satisfy all minimum requirements of
Land Development Engineering Division c
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November 4, 2011
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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 lots
in terms of access, minimum lot size, lot width and setbacks; and,
c) The design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish and wildlife or their
habitat, in that the proposed development does not contain any significant habitat and
no significant wildlife or habitat will be impacted by the project; and,
d) The design of the subdivision and improvements are not likely to cause serious public
health problems, and the discharge of storm water from the subdivision complies with
current California Regional Water Quality Control Board requirements and the City of
Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP) requirements, in that
drainage swales and bio retention areas are incorporated into the subdivision design for
filtration of stormwater runoff; the project is conditioned to incorporate Low Impact
Design (LID) techniques: and,
e) The design of the subdivision or the type of improvements will not conflict with
easements of record or easements established by court judgment, or acquired by the
public at large, for access through or use of property within the proposed subdivision, in
that the developer shall delineate and preserve on the parcel map, all existing
easements of record; and,
f) The property is not subject to a contract entered into pursuant to the Land Conservation
Act of 1965 (Williamson Act);
CONDITIONS:
Unless specifically stated in the condition, all of the following conditions, upon the approval of this
tentative parcel map, must be met prior to approval of a final parcel map, building permit, or grading
permit, whichever is first.
General
1. This approval is granted subject to the approval of PUD 11-06 and V 11-03 and is subject to all
conditions for those other approvals.
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" 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
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city's project engineer and project planner prior to submittal of the building plans, final map,
improvement plans, or grading plans, whichever occurs first.
4. An Engineering Standards Variance to exceed the 40% maximum lot width frontage for
residential driveways has been approved. No variance from city standards other that
authorized by the standards variance is authorized by virtue of approval of this tentative parcel
map.
5. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time building permits are issued.
6. If any condition for construction of any public facilities, or payment of any fees in-lieu thereof,
imposed by this approval or imposed by law on this project are challenged, this approval shall be
suspended as provided in Government Code Section 66020. If any such condition is determined
to be invalid, this approval shall be invalid unless the city engineer determines that this project
without this condition complies with the requirements of the law.
7. Developer shall and does hereby agree to indemnify, protect, defend and hold harmless the City
of Carlsbad, its Council members, agents, officers, and representatives, from and against any
and all liabilities, losses, damages, demands, claim and costs, including court costs and
attorney's fees incurred by the city arising, directly or indirectly, from (a) city's approval and
issuance of this tentative parcel map, (b) city's approval or issuance of any permit or action,
whether discretionary or non-discretionary, in connection with the use contemplated herein,
including an action filed within the time period specified in Government Code Section 66499.37
and (c) developer's installation and operation of the facility permitted hereby, including without
limitation any and all liabilities arising from the emission by the facility of electromagnetic fields
or other energy waves or emissions.
8. Prior to approval of a final parcel map, 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 driveways, landscaping, fences, enhanced pavement, water quality treatment
measures, 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.
9. 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.
Fire
10. Prior to issuance of a building permit for Parcel 3, a 1" water service and a 1" water meter shall
be installed for the benefit of Parcel 3.
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11. Prior to occupancy of any new residential structure on Parcel 3, a fire sprinkler system
satisfactory to the fire marshal shall be installed.
12. Prior to approval of a final parcel map, developer shall provide calculations prepared by a
registered professional satisfactory to the fire marshal demonstrating the ability of the access
easement shown on the tentative map to support a 75,000 pound load imposed by fire
apparatus.
Fees/Agreements
13. Developer is required to pay all required fees and deposits prior to approval of the parcel map.
14. Developer shall pay the Planned Local Drainage Area Fee prior to approval of the parcel map.
15. Developer shall pay the Citywide Public Facilities Fee imposed by City Council Policy #17, the
License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD
#1 special tax (if applicable) subject to any credits authorized by Carlsbad Municipal Code
Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee
for Zone 1, pursuant to Chapter 21.9. All such taxes/fees shall be paid at issuance of building
permits. If the taxes/fees are not paid, this approval will not be consistent with the General Plan
and shall become void.
16. 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. Said written consent shall be on a form provided by the
city engineer.
17. 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.
Grading
18. Developer shall comply with the latest version of the city's stormwater regulations and shall
implement best management practices at all times. Best management practices include, but are
not limited to, pollution control practices or devices, erosion control to prevent silt runoff during
construction, general housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and other management practices or devices to prevent or reduce the
discharge of pollutants to stormwater, receiving water, or stormwater conveyance system to the
maximum extent practicable. Developer shall notify prospective owners and tenants of the
above requirements.
19. Developer is responsible to ensure that all final design plans (landscape plans, building plans,
etc.) incorporate all source control, site design, treatment control BMP, and Low Impact Design
(LID) facilities.
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20. Prior to approval of a final parcel map, developer shall incorporate measures with this project to
comply with Standard Stormwater Requirements per the city's Standard Urban Stormwater
Management Plan (SUSMP). These measures include, but are not limited to: 1) reducing the use
of new impervious surfaces (e.g.: paving), 2) designing drainage from impervious surfaces to
discharge over pervious areas (e.g.: turf, landscape areas), 3) and designing trash enclosures to
avoid contact with storm runoff, all to the satisfaction of the city engineer.
Dedications/Improvements
21. Developer shall cause owner to submit to the city engineer for recordation a covenant of
easement for private sewer, potable water, electric, gas, cable television, telephone, drainage,
parking and reciprocal access purposes as shown on the tentative parcel map. Developer shall
pay processing fees per the city's latest fee schedule.
22. 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.
23. Developer shall design all proposed public improvements including but not limited to sewer
laterals and water services/meters as shown on the tentative parcel map. These improvements
shall be shown as a Construction Revision to public improvement drawing 134-3 sheet 6 of 18 or
another existing record public improvement drawing acceptable to the city engineer.
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.
24. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
25. Prior to approval of a final parcel map, developer shall install separate sewer services to each
parcel at locations approved by the city engineer.
26. Prior to approval of a final parcel map, developer shall install separate potable water services
and meters to each parcel at locations approved by the district engineer.
27. Prior to approval of a final parcel map, developer shall submit compliance inspection reports
performed by the Building Department for each parcel demonstrating that all parcels have
separate public utility connections for sewer, water and electric services.
Non-Mapping Notes
28. Notes to the following effects shall be placed on the parcel map as non-mapping data:
A. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted
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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.
B. The owner of this property on behalf of itself and all of its successors in interest has
agreed to hold harmless and indemnify the 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.
C. Development shall occur substantially as shown on PUD 11-06 Exhibit "A" dated
November 1, 2011 on file in the Planning Department.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
29. This tentative parcel map will expire twenty-four (24) months from the date of the final approval
notice issued by the city engineer.
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 shown on the tentative parcel map are for planning purposes only.
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."
You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section 66020(a)
and file the protest and any other required information with the city manager for processing in
accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will
bar any subsequent legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges; to planning, zoning, grading, or other
similar application processing or service fees in connection with this project; or to any fees/exactions of
which you have previously been given a NOTICE similar to this, or as to which the statute of limitations
has previously otherwise expired.
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If you have any questions regarding the above, please contact the Project Engineer, Steve Bobbett at
760-602-2747. If you have any planning-related questions, please contact the Project Planner, Greg
Fisher, at 760-602-4629.
Sincerely,
Glen K. Van Peski, P.E., P.L.S.
City Engineer
cc: Project Engineer, Steve Bobbett
Project Planner, Greg Fisher
Fire Department, Gregory Ryan
Senior Office Specialist, IDE
Associate Analyst, IDE (scanned copy to MS File)
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CITY OF
^ CARLSBAD
Community Sc Economic Development www.carlsbadca.gov
November 15, 2011
Mr. Paul Jacinto
3430-A Harding Street
Carlsbad, CA 92008
FINAL DECISION LETTER OF TENTATIVE PARCEL MAP
Project ID: MS 11-01
Project Name: Harding Street
APN: 204-191-02
Whereas no review/ of the Preliminary Decision letter dated November 4, 2011 was requested within the
required time, the subject tentative parcel map has been approved per the findings and conditions set
forth in said Preliminary Decision letter.
As required by Carlsbad Municipal Code Section 20.24.140(e), notice of this final decision will be sent to
all property owners within 300 feet of the project. Per Carlsbad Municipal Code Section 20.24.140(b)
and the California Subdivision Map Act Section 66452.5, any interested person adversely affected by this
decision of the city engineer may appeal the decision to the City Council. Such appeal must be filed In
writing with the city clerk within 10 calendar days of the date of this notice. At the time of filing the
appeal, the appeal fee as listed in the current Carlsbad Development Fees schedule must be paid. If you
have questions regarding the appeal process, please contact the city clerk's office at (760) 434-2808.
If you have any project-related questions, please contact the project engineer, Steve Bobbett, at 760-
602-2747 or via email at steve.bobbett@carlsbadca.gov. If you have any planning-related questions,
please contact the project planner, Greg Fisher, at 760-602-4629.
Sincerely,
Gfen K. Van Peski, P.E., P.LS.
City Engineer
cc: Engineer of Work, David Jacinto P.E.
Project Engineer, Steve Bobbett P.E.
Planner, Greg Fisher
Senior Management Analyst, CED
Senior Office Specialist, IDE
Associate Analyst, IDE (scanned copy to MS file)
Land Development Engineering Division OOCDR-O6-27
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1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-2740 F 760-602-1052 ®
CITY OF
CARLSBAD
Community & Economic Development www.carlsbadca.gov
August 16, 2011
Mr. Paul Jacinto
3430 A. Harding Street
Carlsbad, CA 92008
DECISION LETTER OF ENGINEERING STANDARDS VARIANCE
Project ID: MS 11-01
Project Name: Harding Street Apartments
APN: 204-191-02
The city engineer has completed a review of the application for an Engineering Standards Variance
located at 3430, 3430-A, 3446 and 3446-A Harding Street. The request is to exceed the 40% maximum
lot width frontage for residential driveways pursuant to Volume 1, Chapter 3, Section 15 of the City of
Carlsbad Engineering Standards and to allow sewer laterals to be located in driveways pursuant to
Volume 1, Chapter 6, Section 5-1-2 of the City of Carlsbad Engineering Standards. The city engineer has
made a decision pursuant to Volume 1, Chapter 3, Section 18-D-l through Section 18-D-5 of said
Standards to approve this variance based on the findings listed below.
Please review the following findings for this variance. If you have concerns or comments, you or other
affected party may file an appeal of the decision to the City Council within ten (10) days of the date of
this letter.
Findings:
1) There are extraordinary or unusual circumstances or conditions applicable to the situation or
surrounding property necessitating a variance of the standards, in that;
2) The granting of such variance will not cause substantial drainage problems, because;
3) The granting of such variance will not conflict with existing or future traffic and parking demands
or pedestrian or bicycle use, since;
4) The granting of such variance will not be detrimental to the public welfare or injurious to the
property or improvements in the vicinity in which the variance is granted, and;
5) The granting of such variance will not adversely affect the comprehensive general plan.
Land Development Engineering Division
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-2740 F 760-602-1052 ®
Mr. Paul Jacinto
August 16, 2011
Page 2
If you have any questions regarding the above, please contact the Project Engineer, Steve Bobbett at
760-602-2747.
Sincerely,
Glen K. Van Peski, P.E., P.L.S.
City Engineer
Attachment: August 1,2011 Request for Engineering Standards Variance
cc: Project Engineer, Steve Bobbett, P.E.
Project Planner, Greg Fisher
Senior Office Specialist, IDE
Associate Analyst, LDE (scanned copy to MS File)
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Paul Alan Jacinto
3430 A Harding Street
Carlsbad, California 92008
760-688-8913
RECEIVED
August 1,2011 AUG042G1?
Mr. Glen Van Peske
City of Carlsbad Engineering Manager
163 5 Faraday Avenue
Carlsbad, California 92008-7314
Re: Tentative Parcel Map, MS 11-01; Justification for engineering variance:
exceeding 40% of parcel 3 frontage for the total driveway width, sewer line in
existing aisle, X-dimension for existing drive aisle.
Drear Glen:
Please grant our request for the referenced Engineering Varance request based
on the following justification and determination:
1. The sewer line is proposed to be constructed down an existing drive aisle
and driveway entrance onto Harding Street, with existing X-dimensions less
than 3', in an existing development. This is to add the 2 additional required
sewer lines. There is no other viable location that allows easy access in the
event of required repairs. The added straight in driveway to the house on
parcel 3 is in conforrnance to all other driveways in the neighborhood,
including those on this property. There is no other suitable location or design
for any of these three items.
2. The plan proposed actually improves the drainage on this existing project
site.
3. Again this design is consistent with existing conditions and in conforrnance
to with virtually all other development hi the immediate community and will
not negatively affect parking. In fact for the same number of existing units
the project will add 4 additional parking spaces.
4. This variance will not be detrimental to the public welfare or injurious to
the property or improvements in the vicinity in which the variance is being
granted and is in conformance with existing design standards for the area.
5. This variance will not adversely affect the comprehensive general plan. In
fact the proposed variance is in conformance with the spirit of the plan and
will increase both the as aesthetic value and engineering integrity of the
project.
Thank you for your support qn this project that will enhance this
neighborhood in Carlsbad.
Sincerely,
Paul Jacini
Carlsbad Poinsetta'a Land Company LLC
2834 La Mirada Drive, Vista, CA 92081
760 598-8988 lax 760 598-8288