HomeMy WebLinkAboutMS 08-01; Blue Condominiums; Minor Subdivision (MS) (3)^ C 1 T Y O F
VICARLSBAD
Community & Economic Development www.carlsbadca.gov
May 2, 2012
Barry J. Blue and Mary T. Blue
2950 Ocean Street
Carlsbad, CA 92008
PRELIMINARY DECISION LETTER OF TENTATIVE PARCEL MAP
Project ID: MS 08-01
Project Name: Blue Condominiums
APN: 204-231-10-00
The city engineer has completed a review ofthe application for a tentative parcel map located at 150 &
152 Cherry Avenue, Carlsbad, CA 92008. 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:
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; 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.
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 ofthe Carlsbad Municipal Code and the State
Subdivision Map Act, in that the lots being created satisfy all minimum requirements
Land Development Engineering Division
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-2740 F 760-602-1052 ®
Blue Condominium
May 2, 2012
Page 2
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
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,
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 submitted a Storm Water Standards Questionnaire and determined
that the project is not a Priority Development Project. The project is conditioned to
comply with Standard Storm Water Requirements and 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, v/hichever is first.
General
1. This approval is granted subject to the approval of SDP 08-01, CDP 08-04 and PUD 12-01 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. 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/district engineer determines that
sewer/water facilities are available at the time of permit issuance and will continue to be
Blue Condominium
May 2, 2012
Page 3
available until time 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 prior to submittal of the building plans, parcel map,
improvement plans, or grading plans, whichever occurs first.
5. Unless a standards variance has been issued, no variance from city standards is authorized by
virtue of approval of this tentative parcel map. A standards variance has been approved for the
20% driveway grade.
6. Developer shall comply with ali 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 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 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 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.
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 drive, storm drain
facilities and private storm water sump pump, and to distribute the costs of such maintenance
in an equitable manner among the owners of the properties within this subdivision.
Fire
10. An automatic fire sprinkler system is required for each unit.
Fees/Agreements
11. Developer is required to pay all required fees and deposits prior to approval of the parcel map.
Blue Condominium
May 2, 2012
Page 4
12. Developer shall pay the Planned Local Drainage Area Fee priorto approval ofthe parcel map.
13. Developer shall pay or post security for park-in-lieu fees to the city prior to approval of the
parcel map as required by Chapter 20.44 of the Carlsbad Municipal Code.
14. 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.
15. 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.
16. Prior to approval of any grading or building permits for this project, developer shall cause owner
to give written consent to the city engineer for the annexation of the area shown within the
boundaries of the subdivision into the existing City of Carisbad 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
17. 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.
18. 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.
19. 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.
20. Developer shall complete and submit to the city engineer a Project Threat Assessment Form
(PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, developer shall also
submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level
Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF, all to
the satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and
inspection fees per the city's latest fee schedule.
21. Developer is responsible to ensure that all final design plans (grading plans, landscape plans,
Blue Condominium
May 2, 2012
Page 5
building plans, etc) incorporate all source control, site design, and Low Impact Design (LID)
facilities.
22. 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 ofthe city engineer.
Dedications/Improvements
23. Developer shall cause owner to dedicate to the city for public utility and access purposes as
shown on the tentative parcel map. The offer shall be made by a certificate on the parcel map.
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.
24. Developer shall design the private drainage systems as shown on the tentative parcel map to
the satisfaction ofthe city engineer. All private 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.
25. Developer shall design all proposed public improvements including but not limited to sewer
laterals, driveway, sidewalk, water services and meters, as shown on the tentative parcel map.
These improvements shall be shown on one ofthe following, subjectto 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.
26. 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.
Non-Mapping Notes
27. Note(s) to the following effect(s) shall be placed on 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. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted
to encroach within the area identified as a sight distance corridor as defined by City of
Carlsbad Engineering Standards or line-of-sight per Caltrans standards.
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May 2, 2012
Page 6
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.
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 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.
Utilities
28. 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 ofthe district engineer.
29. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
30. Developer shall install potable water services and meters at locations approved by the district
engineer. The locations of said services shall be reflected on public improvement plans.
31. 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.
32. The developer shall design and construct public water and sewer facilities substantially as shown
on the tentative parcel map to the satisfaction ofthe district engineer and city engineer.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
33. This tentative parcel map will expire twenty four (24) months from the date of the final approval
notice issued by the city engineer.
34. 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.
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May 2, 2012
Page 7
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.
If you have any questions regarding the above, please contact the Project Engineer, TecIa Levy at 760-
602-2733. If you have any planning-related questions, please contact the Project Planner, Van Lynch, at
760-602-4613
Sincerely,
Glen K. Van Peski, P.E., P.L.S.
City Engineer
cc: Project Engineer, TecIa Levy
Project Planner, Shannon Werneke
Fire Department, Gregory Ryan
Senior Office Specialist, LDE
Associate Analyst, LDE (scanned copy to MS File)
MINOR SUBDIVISION MS 08-01
ONE LOT. 2 UNIT CONDOMINIUM, SUBDIVISION
EXISTING BLDG
k GARAGES
PARKING
AREA
EXISTING
BLDG
PARKING
AREA
A.C. DWr
N 34'02'12"W 139,56'
EXISTING
BLOG
LOT K PER MAP 1747
PARKING
AREA
NOTE: FACE OF WAU. *
ON BOUNDARY UNE. N 34-01'SO-W 13S.53-
PARKING
AREA
EXISTING
BLOG
EXISTING
BLOG
LOCATION MAP
NO SCALE
THOM. BROS. PG. llOB E-l
CITY OF ENCINITAS
VICINITY MAP
MS 08-01
LEGAL DESGRIPTION
LOT K IN BLOCK 1 OF PAUSADES HHGHTS IN THE CITY OF CARLSBAD, COUNTf OF SAN DIEGO, STATE OF CAUFORNIA. ACCORDING TO OFHCIAL MAP
THEREOF NO. 1777. ni£D IN THE OFFICE OF THE
SAN DIEGO COUNTY RECORDER ON JANUARY 11, 192+
UTILITIES (AU. UTIUTIES ARE TO THE LOT)
GAS AND ELECTRIC
RRE
SEWER
WATER
STORM DRAIN
PHONE
CABLE T.V.
SAN DIEGO GAS & aECTRIC
CITY OF CARLSBAD
CITY OF CARLSBAO
CARLSBAO WATER DISTRICT
CITY OF CARLSBAD
AT4T
TIME WARNER
GENERAL NOTES
ASSESSOR PARCEL NO. - 204-231-10
NUMBER OF LOTS - EXISTING - 1
NUMBER OF LOTS - PROPOSED - 1 LOT. 2 CONDOMINIUM UNITS
EXISTING ZONING = R-3. MULTI FAMILY
EXISTING GENERAL PLAN = RH. RESIDENTIAL HIGH
LOCAL FACIUTIES MANAGEMENT PLAN - 1
ESTIMATED DAILY TRIPS = 20
GROSS LOT SIZE - 0.16 ACRES
NET LOT SIZE - 0.16 ACRES
SCHOOL DISTRICT - CARLSBAD
PROPERIY IS IN THE COASTAL ZONE
NET DEVELOPABLE ACRES = 0.16
DENSITY PROPOSED - 12.5 DU/AC
GROWTH MANAGEMENT CONTROL POINT (GMCP) » 19 OU/AC
PER NET ACREAGE. GMCP = 0.16 X 19 = 3.04
MAXIMUM DENSITY ALLOWED IS 0.16 X 23 = 3.63
AVERAGE WATER DEMAND = 550 GPO/UNIT
AVERAGE SEWER DEMAND = 220 GPD/UNrT
PROPOSED GRADING
CUT = 2000 CY.
FILL = 0 CY.
EXPORT - 2000 CY.
REMEDIAL = 0 CY.
PROPOSED LOT SIZES
LOT 1 - 0.16 NET ACRES
TOPOGRAPHY
WALTERS LAND SURVEY 1807 SOUTH NEVADA STREET
OCEANSIDE. CA 92054
(760) 722-1200
OWNER
BARRY J. AND MAKY T. BLUE
TRUSTEES OF THE BLUE FAMILY TRUST
2950 OCEAN STREET
CARISBAD. CA 920CB
(858) 336-8249 (BUCK THOMPSON - ARCHITECT)
PREPARED BY
THE SEA BRIGHT CO.
4322 SEA BRIGHT PLACE
CARLSBAO, CA 92008
(760) 720-0098
BY: iFrr^rulT^uJu}^ llkl 11
ROBERT 0. SUKUP, RCE 28392 OATE
CITY OF CARLSBAD
ENGINEERING DEPARTMENT
SHEETS
4
ONE LOT MINOR SUBOIVISlON:
BLUE CONDOMINIUMS
150 & 152 CHERRY AVENUE
CARLSBAD, CA 92008
APPROVED:
OTY ENGINEER
OWN BY:
CHKD BY;
RVWDBY:
PROJECT NO.
MS-08-01
3147\SUB_1 1-09-11
MINOR SUBDIVISION MS 08-01
ONE LOT, 2 UNIT CONDOMINIUM. SUBDIVISION
MS 08-01
PRELIMINARY GRADING
BASEMENT
LEGEND
RETAINING WALL
DOWN SPOUT
GRATE
CONCRETE / PAVERS
ABBREVIATIONS
FS - RNISHED SURFACE
FC = RNISHED CONCRETE
FG = RNISH GRADE
JQ = TOP OF GRATE
HP = HIGH POINT
FL » FLOW UNE IE = INVERT ELEVATION
o
•
TC = TOP OF CURB TW - TOP OF WAU BW = BOTTOM OF WALL TF = TOP OF FOOTING GB = GRADE BREAK THW = TOP OF tIEADWALL TR - TOP OF RAIL TP = TOP OF PILASTER
DRIVEWAY PROFILE
SHEET
2 CITY OF CARLSBAD
EHGINEERIHG DEPARTMENT
SHEETS
4
ONE LOT MINOR SUBDIVISION:
BLUE CONDOMINIUMS
150 & 152 CHERRY AVENUE
CARLSBAD, CA 92008
APPROVED:
aTY ENGINEER
OWN BY: CHKD BY: RVWDBY:
PROJECT NQ.
MS-08-01
DRAVflNS NO.
314ASUB_n-09-11