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Home My WebLink AboutMS 09-06; Bluwater Crossing Building 1; Minor Subdivision (MS)City of Carlsbad Public Works — Engineering July 10, 2009 Howes Weiler and Associates Attn: Mike Howes 5927 Balfour Court, Suite 202 Carlsbad, CA 92008 TENTATIVE PARCEL MAP Project ID: MS 09-06 Project Name: Bluwater Crossings Building 1 The City Engineer has completed a review of the application for a tentative parcel map located at the southeast corner of Avenida Encinas and Embarcadero Lane. 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 Planning Director has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15301(k) (Minor Land Division) of the State CEQA Guidelines and will not have any adverse significant impact on the environment in that the property consists of the division of existing multiple family residences into common interest ownership and subdivision of existing commercial buildings, where no physical changes occur which are not otherwise exempt. 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 parcels being created satisfy all minimum requirements of Title 20 regarding lot sizes and Doc DR-06-23 03/16/2009 1635 Faraday Avenue - Carlsbad, CA 92008-7314 • (76O) 6O2-272O • FAX (76O) 602-8562 Preliminary Decision Letter Biuwater Crossings Building 1, MS 09-06 July 10, 2009 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 subdivision is fully developed and 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 no new improvements are proposed on the property and the property is already developed under the previously approved Poinsettia Properties Storm Water Management Plan that identifies pollutants of concern and incorporate best management practices to either avoid contact with storm water or filter pollutants to the maximum extent practicable; earth drainage swales, cds units 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 09-05 and CDP 09-10 and is subject to all conditions for those other approvals. Page 2 of 6 DOC DR-oe-23 03/16/2009 Preliminary Decision Letter Bluwater Crossings Building 1, MS 09-06 July 10, 2009 2. 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, final map, improvement plans, or grading plans, whichever occurs first. 3. Unless a standards variance has been issued, no variance from City Standards is authorized by virtue of approval of this tentative parcel map. 4. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time building permits are issued. 5. 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. 6. 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. 7. 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. 8. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. The property owner shall maintain this condition. 9. 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 Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. This note shall be placed on the non-title sheet of the final parcel map. Page 3 of 6 DOC DR-oe-23 03/16/2009 Preliminary Decision Letter Bluwater Crossings Building 1, MS 09-06 July 10, 2009 Fees/Agreements 10. Developer is required to pay all required fees and deposits prior to approval of the parcel map. Grading 11. On all final design plans submitted to the City, Developer shall incorporate Low Impact Development (LID) design techniques 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, and 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 12. 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 plancheck and inspection fees for private drainage systems. 13. Developer shall design all proposed public improvements including but not limited to water services/meters 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 right-of-way permit prior to performing work in the City right-of-way. Utilities 14. 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. 15. Developer shall design and construct public facilities within public right-of-way or within minimum 20-foot wide easements granted to the District or the City of Carlsbad. At the discretion of the District or City Engineer, wider easements may be required for adequate maintenance, access, and/or joint utility purposes. 16. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. Page 4 of 6 DOC DR-OS-ZS 03/16/2009 Preliminary Decision Letter Bluwater Crossings Building 1, MS 09-06 July 10, 2009 17. Developer shall install potable water and/or recycled water services and meters at locations approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. 18. 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. 19. The Developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the tentative parcel map to the satisfaction of the District Engineer and City Engineer. 20. 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: 21. This tentative parcel map will expire thirty-six (36) months from the date of the final approval notice issued by the City Engineer. 22. Some improvements shown on the tentative map and/or required by these conditions are located offsite on property which neither the City nor the owner has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The Developer shall immediately initiate negotiations to acquire such property. The Developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessful, Developer shall demonstrate to the City Engineer its best efforts and comply with the requirements of the Carlsbad Municipal Code Section 20.16.095 to notify and enable the City to successfully acquire said property by condemnation. 23. 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." Page 5 of 6 DOC OR-OS-ZZ 03/16/2009 Preliminary Decision Letter Bluwater Crossings Building 1, MS 09-06 July 10, 2009 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, Dan Halverson, at 760-602-4631. Sincerely, Robert T. Johnson, Jr., PE City Engineer by: David A. Mauser, PE Deputy City Engineer cc: Senior Civil Engineer, Glen Van Peski Project Engineer, David Rick Project Planner, Dan Halverson Fire Department, Gregory Ryan Senior Office Specialist, Dev. Svcs. MS File Page 6 of 6 DOC DR-oe-23 03/16/2009 City of Car Is bad Public Works — Engineering July 22, 2009 Howes Weiler and Associates Attn: Mike Howes 5927 Balfour Court, Suite 202 Carlsbad, CA 92008 FINAL APPROVAL OF TENTATIVE PARCEL MAP Project ID: MS 09-06 Project Name: Bluwater Crossings Building 1 Whereas no review of the Preliminary Approval letter dated July 10, 2009 was requested within the required time, the subject tentative parcel map has been approved per the findings and conditions set forth in said Preliminary Approval 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, David Rick, at 760-602-2781 or via email at david.rick@carlsbadca.gov. If you have any planning-related questions, please contact the Project Planner, Daniel Halverson, at 760-602-4631. Sincerely, Robert T. Johnson, Jr., PE City Engineer by: David A. Hauser, PE Deputy City Engineer cc: Engineer of Work Project Engineer, then file Daniel Halverson, Planner Planning Senior Management Analyst Senior Office Specialist, Dev. Svcs. Doc DR-06-27 01/05/2009 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-2720 • FAX (760) 602-8562 VCNTTMM' WT JO SCM£ "^—*B,B__/ BLUWATER LOT 1 OF MAP NO. 15593 PLANNED DEVELOPMENT PERMIT (NON-RESIDENTIAL) MINOR COASTAL DEVELOPMENT PERMIT TENTATIVE PARCEL MAP MS O9-O6 GBCRAL NOTES row MEM wmw MC jusavsoN AX* BOMM/IY is am ACHES (CROSS *MD >TT}DtSOK MC PfKfOSfD 2DNNC CTCOSING **) ffMPOSEP GENERAL PtM USE OE5CN40DK f-*/hVoasntc ue PROPOSED uua uz OMUOKUI/VSOBVIUI.oxssnciiKM OF uns lAfr-KKwr ofnx ua itsconua.row Nuocv <r IDIS i TDM OUMC OWRttE -11*BUUMW SOUMT/WKWC- USB ST. UNDSUffiD MEA- «,IW ST. NMDSCtK MC* S.U1 SKNcaosmcc owtssw UNTO SCHOOL tenserOEDUfVK EMJHKHf OUWUKS CVT- 0 CT. /U- 0 CT. ••WT- 0 CreaiiMBOMMue t.i enAUKS. * s A onvoMuv MOECT « OEFMED w XCKM uw n sra v mrow axe OF THE smc <r CALFOMA AH> na> PURSUAHT n DC suuneatUAPACI. trc_TDW wueex <r Amsnux CCHDOUMVU ans s i cautacut. 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KL OATtD MMUAKr A XO4 FB=HBCE PLANS STAIKH omtweE at ut, nary <f fvemu u OMIT OF fVEfMUKCit Mf 30, l I 1 1 OF 2 MS 09-O6 I I I I 1 2 OF 2 City of Carlsbad Public Works - Engineering July 22, 2009 NOTICE OF APPROVAL OF TENTATIVE PARCEL MAP Project ID: MS 09-06 Project Name:BLUWATER CROSSINGS BUILDING 1 Applicant Name: Mike Howes of Howes Weiler and Associates Notice is hereby given that a tentative parcel map has been approved subject to conditions on property generally located at the southeast corner of Embarcadero Lane and Avenida Encinas and more particularly described as Lot 1 of Carlsbad Tract No. 04-11, Poinsettia Properties, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 15593, filed in the office of the County Recorder of San Diego on August 17, 2007. The project proposes to convert an existing 12,535 square foot apartment and commercial retail building into one residential and two commercial air space condominium units. 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, David Rick, at 760-602-2781 or via email at david.rick@carlsbadca.gov. Sincerely, Robert T. Johnson, Jr., PE City Engineer by: David A. Hauser, PE Deputy City Engineer Enclosure(s): Reduced tentative parcel map exhibit cc: Applicant Engineer of Work Project Engineer, then file Doc DR-06-29 01/05/2009 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 6O2-272O • FAX (760) 602-8562 ENCINA WASTEWATER AUTHORITY 6200 AVENIDA ENCINAS CARLSBAD CA 92011 NORTH SAN DIEGO COUNTY TRANSIT 810 MISSION AVE OCEANSIDE CA 92054 GLENDORA MOTORCARS CO INC 6830 AVENIDA ENCINAS CARLSBAD CA 92011 HOEHN GROUP L L C PO BOX 789 CARLSBAD CA 92018 COMMONS L L C POINSETTIA 949 S COAST DR #400 COSTA MESA CA 92626 HOWES WEILER & ASSOCIATES 5927 BALFOUR COURT #202 CARLSBAD CA 92088