HomeMy WebLinkAboutMS 08-02; Rhoades Minor Subdivision; Minor Subdivision (MS)City of Carlsbad
Public Works - Engineering
October 29, 2008
NOTICE OF APPROVAL OF TENTATIVE PARCEL MAP
MINOR SUBDIVISION NO. 08 - 02
Notice is hereby given that a Tentative Parcel Map has been approved on property
generally located on a vacant lot on the south side of Triton Way approx. 200' west of
Black Rail Road, more particularly described as Parcel 1 of PM 19411 (MS 01-04 Lynn) in
the City of Carlsbad, County of San Diego, State of California, according to map thereof
7950, filed in the Office of the County Recorder of San Diego County.
This project proposes to subdivide an existing .42 acre lot into 2 lots. In association with this
project, the Developer is concurrently processing a Coastal Development Permit.
APPLICANT: Glen Rhoades
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 (Attached). 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 Clyde
Wickham at (760) 602-2742.
DAVID A. HAUSER
Deputy City Engineer
C: Project Engineer
Senior Management Analyst, Planning
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-272O • FAX (760) 602-8562
City of Carlsbad
Public Works - Engineering
October 28,2008
Glen Rhoades
961 Marlin Terrace
Vista, CA 92084
PROPOSED MINOR SUBDIVISION NO. 08 - 02 APPROVAL
Whereas a review of the conditions of the letter of preliminary approval was requested by
the appropriate date; and whereas the conditions of approval were reconsidered and found to
adequately address the concerns expressed by the interested party; 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
DAH:cf
Project Engineer, Clyde Wickham
Senior Office Specialist, Dev. Services
Project Planner, Shelley Esteybar
Senior Management Analyst, Planning
File
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (76O) 602-2720 • FAX (76O) 6O2-8562
City of Carlsbad
Public Works - Engineering
October 15, 2008
Glen Rhoades
961 Marlin Terrace
Vista, CA 92084
PROPOSED MINOR SUBDIVISION NO. 08-02, RHOADES MINOR SUBDIVISION
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 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
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
panhandle lot and 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 stormwater from the subdivision will not result in
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-272O - FAX (760) 6O2-8562
Glen Rhoades MS 08-02
October 14, 2008
Page 2 of 5
violation of existing California Regional Water Quality Control Board requirements, in
that earth drainage swales and bio retention areas are incorporated into the subdivision
design for filtration of storm water 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;
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.
Genera!
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 granted subject to the approval of CDP 08-06 and is subject to all
conditions in the approval letter for CDP 08-06 dated October 15,2008 signed by the City of
Carlsbad Planning Director incorporated herein by reference.
3. Developer shall submit to the City Engineer, a reproducible 24" x 36", mylar copy 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, improvement plans, grading
plans, or parcel map, whichever occurs first.
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.
Fees/Agreements
Glen Rhoades MS 08-02
October 7, 2008
Page 3 of 5
5. Developer shall cause property owner to execute and submit to the City Engineer for recordation
the City's standard form Drainage Hold Harmless Agreement.
6. Developer shall cause property owner to execute and submit to the City Engineer for recordation,
the City's standard form Panhandle Lot Hold Harmless Agreement.
7. 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.
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 parcel map. The deed restriction document shall:
A. Clearly delineate the limits of the drainage course; and,
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. 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 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
10. 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.
11. 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.
12. 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
Glen Rhoades MS 08-02
October 7, 2008
Page 4 of 5
Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the satisfaction of
the City Engineer.
13. 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
15. The parcel map shall show all existing and proposed easements including but not limited to
drainage and view corridor easements from adjacent parcels.
16. Developer shall design all proposed public improvements including but not limited to: relocation
of water meters, reconstruction of broken or damaged public improvements and additional
offsite AC surfacing to insure positive drainage flow to an approved drainage system. 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.
17. 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.
Parcel Map Notes
18. Add the following notes to the parcel map as non-mapping data.
i) All improvements within the boundary of the proposed subdivision are privately owned
and are to be privately maintained.
ii) Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
iii) Drainage Hold Harmless:
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
Glen Rhoades MS 08-02
October 7, 2008
Page 5 of 5
19. 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.
20. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for
connection to public facilities.
21. The 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 or improvement plans.
Water meters shall be relocated to a minimum of five (5) feet from the proposed driveway and
panhandle of this subdivision.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
A. This tentative parcel map shall expire two years from the date of the final approval notice
issued by the City Engineer.
The City Engineer has reviewed each of the exactions imposed on the developer contained in these
preliminary 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 Clyde Wickham at (760) 602-2742.
Robert T. Johnson, Jr., PE
City Engineer
by: David A. Hauser, PE
Deputy City Engineer
c: Senior Civil Engineer, Glen Van Peski
Project Engineer, Clyde Wickham
Project Planner, Shelley Esteybar
Fire Department, Gregory Ryan
File
City of Carlsbad
Public Works — Engineering
March 31, 2008
NOTICE OF FILING OF TENTATIVE PARCEL MAP
MINOR SUBDIVISION NO. 08-02
Notice is hereby given that a Tentative Parcel Map has been filed on property generally
located at a vacant lot on the south side of Triton Way approx. 200' west of Black Rail
Road, more particularly described as Parcel 1 of PM 19411 (MS 01-04 Lynn).
This project is being reviewed by City staff and affected departments. This project
proposes to subdivide an existing .42 acre Lot into 2 Lots. In association with this project,
the Developer is concurrently processing a Coastal Development Permit. This application
is subject to Planning Commission review and approval.
APPLICANT: Glen Rhodes
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, provided 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 Clyde Wickham, the Project Engineer at 760-602-2742.
Robert T. Johnson, Jr., PE
City Engineer
by: David A. Mauser, PE
Deputy City Engineer
c: File
Attachment
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 6O2-2720 • FAX (760) 602-8562
20' ACCESS EASEMENT TO THE CITY OFCARLSBAD PER PW 19411 AND PRIVATE
SEWEK EASEMENT PR03-79 RR.
01/23/04 AS INST. 2004-0052213PAD 565.5
PARCEL 1
GROSS 8,343 SF.
NET 8,343 SF
EXISTING
SINGLE FAMILY
RESIDENCE
Pad = ±375.5
2-15-070-40
ROPOSED—
VEGETATED BUILDINGSWALE SETBACK UNE
PARCEL 2
GROSS 9,887 SF.
NET 8,081 SF
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MICHAEL J & NANCY CARDOSA
6579 BLACK RAIL RD
CARLSBAD, CA 92011-2602
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6583 BLACK RAIL RD
CARLSBAD, CA 92011-2602
RICK & KRISTEN CONNER
6575 BLACK RAIL RD
CARLSBAD, CA 92011-2602
WILLIAM R & CANDACE LYNN
6575 BLACK RAIL RD
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AURIGEMMA
6620 SITIO CEDRELA
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6618 SITIO CEDRELA
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6610 SITIO CEDRELA
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EDWARD W & MARDI HOMER
6608 SITIO CEDRELA
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HOLMSTROM 2004
6609 SITIO CEDRELA
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6613 SITIO CEDRELA
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6619 SITIO CEDRELA
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6623 SITIO CEDRELA
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BRADLEY B & MICHELLEI POWELL
6628 SITIO SAGO
CARLSBAD, CA 92011-3505
KER-YEN & LIN-HWA SHEI
6618 SITIO SAGO
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PAUL F & KATHRYN PREDKI
6612 SITIO SAGO
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PAUL J DIMECH
6608 SITIO SAGO
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6600 SITIO SAGO
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CARMELO & BETTINA REYNOSO
6603 SITIO SAGO
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NANCY M GRAUER *M*
6607 SITIO SAGO
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CHRISTOPHER & TINA RIENDEAU
6611 SITIO SAGO
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6617 SITIO SAGO
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MUCK
6621 SITIO SAGO
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DAVID S & SALLY WELLS
6625 SITIO SAGO
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REDEEMER BY THE SEA LUTHERAN
6600 BLACK RAIL RD
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STANLEY THOMAS
PO BOX 131764
CARLSBAD, CA 92013-1764
JOHN A DANDREA
PO BOX 13344
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BLACK RAIL RIDGE LLC
3443 CAMINO DEL RIO S 312
SAN DIEGO, CA 92108-4005
AVIARA BLACK RAIL ROAD 16 L I
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