HomeMy WebLinkAboutMS 12-05; Railyard Lofts; Minor Subdivision (MS)<£^^^ CITY OF
V CARLSBAD
Community & Economic Development www.carlsbadca.gov
April 19, 2013
Mark Benjamin
P.O. Box 7050
Rancho Santa Fe, CA 92067
PRELIMINARY DECISION LETTER OF TENTATIVE PARCEL MAP
Project ID: MS 12-05
Project Name: Raiiyard Lofts
APN: 203-054-07
The city engineer has completed a review ofthe application for a tentative parcel map located at 2685
State Street. The city engineer has made a preliminary decision pursuant to Section 20.24.120 of the City
of CaHsbad 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.
Fmdings:
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 Cartsbad Municipal Code and the State
Subdivision Map Act, in that the lot and units being created satisfy all minimum
Land Development Engineering Division °°o3/23"/°2oi2
1635 Faraday Avenue, CaHsbad, CA 92008-7314 T 760-602-2740 F 760-602-1052 ®
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requirements of Title 20 regarding lot sizes and configuration and have been designed
to comply with all other applicable regulations; and,
b) The site is physically suitable for the type and density of the development proposed, in
that the proposed subdivision meets all development standards for the creation of a
condominium project in terms of access, minimum lot size, lot width and setbacks;
and,
c) The design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish and wildlife or their
habitat, in that the proposed development does not contain any significant habitat
and no significant wildlife or habitat will be impacted by the project; and,
d) The design of the subdivision and improvements are not likely to cause serious public
health problems, and the discharge of storm water from the subdivision complies with
current California Regional Water Quality Control Board requirements and the City of
Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP) requirements, in that the
developer has identified pollutants of concern and incorporated standard storm water
practices to either avoid contact with storm water or filter pollutants to the maximum
extent required 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 RP 12-28 and is subject to all conditions for
that approval.
2. PHor to hauling dirt or construction mateHals 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. The project is approved with the express condition that building permits will not be issued for
the development of the subject property unless the city/distnct engineer determines that
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sewer/water facilities are available at the time of permit issuance and will continue to be
available untiltime of occupancy.
4. Developer shall submit to the city engineer a reproducible 24" x 36" photo mylar of the
tentative parcel map reflecting the conditions approved by the final decision-making body. The
reproducible shall be submitted to the city engineer, reviewed, and, if acceptable, signed by the
city's project engineer and project planner pnor to submittal of the building plans, final map,
improvement plans, or grading plans, whichever occurs first.
5. Unless.a standards vaHance has been issued, no vaHance from city standards is authorized by
virtue of approval of this tentative parcel map.
6. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time building permits are issued.
7. 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 condhion 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 ofthe law.
8. 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 ansing, 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 peHod specified in Government Code Section 66499.37
and (c) developer's installation and operation ofthe facility permitted hereby, including without
limitation any and all liabilities aHsing from the emission by the facility of electromagnetic fields
or other energy waves or emissions.
9. 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 driveway utilities,
street trees, sidewalks, landscaping, street lighting, enhanced paving, parking area, water quality
treatment measures, low impact development features, storm drainage facilities, etc.) located
therein and to distnbute the costs of such maintenance in an equitable manner among the
owners ofthe properties within this subdivision.
10. 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.
11. Developer shall install sight distance corHdors at all street intersections and driveways in
accordance with City Engineering Standards. The property owner shall maintain this condition
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Fees/Agreements
12. Developer is required to pay all required fees and deposits pHor to approval of the parcel map.
13. Developer shall pay the Planned Local Drainage Area Fee pHor to approval of the parcel map.
14. Developer shall pay or post secuHty for park-in-lieu fees to the city pHor to approval of the
parcel map as required by Chapter 20.44 ofthe Carlsbad Municipal Code.
15. Developer shall pay the Citywide Public Facilities Fee imposed by City Council Policy #17, the
License Tax on new construction imposed by CaHsbad Municipal Code Section 5.09.030, and CFD
#1 special tax (if applicable) subject to any credits authoHzed by CaHsbad 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. Ifthe taxes/fees are not paid, this approval will not be consistent with the General Plan
and shall become void.
16. 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.
17. Developer shall cause property owner to submit an executed copy to the city engineer for
recordation the city's standard Permanent Stormwater Quality Best Management Practice
Maintenance Agreement.
18. Developer shall cause property owner to apply for, execute, and submh to the city engineer for
recordation an Encroachment Agreement covenng pHvate storm drain connections located
over existing public nght-of-way or easements as shown on the tentative parcel map. Developer
shall pay processing fees per the city's latest fee schedule.
19. Pnor 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
boundaHes of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping
DistHct No. 1 and/or to the formation or annexation into an additional Street Lighting and
Landscaping DistHct. Said written consent shall be on a form provided by the city engineer.
20. Prior to issuance of building permits or a grading permit, whichever occurs first, developer shall
cause owner to execute for recordation a city-standard Local Improvement DistHct Agreement
to pay fair share contHbutions for undergrounding of all existing overhead utilities and
installation of street lights, as needed, along the subdivision frontage should a future distHct be
formed.
Grading
21. Based upon a review of the proposed grading and the grading quantities shown on the tentative
parcel map, a minor grading permit for this project is required. Developer shall process grading
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plans via the building permit process. Technical studies/reports may be required subject to the
city engineer's review. Developer shall pay all applicable grading plan check and permh fees per
the city's latest fee schedule.
22. 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.
23. 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 appropHate 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.
24. 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
25. Developer shall design the pHvate drainage systems as shown on the tentative parcel map to
the satisfaction of the city engineer. All pHvate drainage systems (12" diameter storm drain and
larger) shall be inspected by the city. Developer shall pay the standard improvement plancheck
and inspection fees for private drainage systems.
26. Developer shall design all proposed public improvements including but not limited to sewer
laterals, 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 plancheck and inspection fees using improvement valuations in accordance
with the city's current fee schedule. Developer shall apply for and obtain a Hght-of-way permit
pHor to performing work in the city Hght-of-way.
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27. Prior to issuance of building permits, developer shall install separate sewer services to each unit
proposed by this tentative parcel map. Sewer services shall be provided to the satisfaction of
the city engineer.
28. Developer shall design and obtain approval from the city engineer for 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. PHor to completion of
grading, the final structural pavement design ofthe aisle ways shall be submitted together with
required R-value soil test information, subject to the review and approval ofthe city engineer,
Utilities
29. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows,
fire hydrant locations, building spHnklers) 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 distHct engineer.
30. Pnor to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
31. Developer shall install potable water and/or recycled water services and meters at locations
approved by the distHct engineer. The locations of said services shall be reflected on public
improvement plans.
32. 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.
33. 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:
34. This tentative parcel map will expire twenty-four (24) months from the date of the final approval
notice issued by the city engineer.
35. 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 Tnps (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."
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You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section 66020(a)
and file the protest and any other required information with the city manager for processing in
accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will
bar any subsequent legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges; to planning, zoning, grading, or other
similar application processing or service fees in connection with this project; or to any fees/exactions of
which you have previously been given a NOTICE similar to this, or as to which the statute of limitations
has previously otherwise expired.
If you have any questions regarding the above, please contact the Project Engineer, David Rick at 760-
602-2781. If you have any planning-related questions, please contact the Project Planner, Austin Silva,
at 760-602-4631.
Sincerely,
Glen K. Van Peski, P.E., P.L.S.
City Engineer
cc: Project Engineer, David Rick
Project Planner, Austin Silva
Fire Department, Gregory Ryan
Senior Office Specialist, LDE
Associate Analyst, LDE (scanned copy to MS File)
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