Loading...
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 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-2740 F 760-602-1052 ® Mr. Paul Jacinto November 4, 2011 Page 2 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 Doc DR-06-23 08/10/2011 Mr. Paul Jacinto November 4, 2011 PageS 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. Doc DR-06-23 08/10/2011 Mr. Paul Jacinto November 4, 2011 Page 4 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. Doc DR-06-23 08/10/2011 Mr. Paul Jacinto November 4, 2011 PageS 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 Doc DR-06-23 08/10/2011 Mr. Paul Jacinto November 4, 2011 Page 6 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. Ooc DR-06-23 08/10/2011 Mr. Paul Jacinto November 4, 2011 Page 7 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) Doc DR-06-23 08/10/2011 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 08/90/2010 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) Doc DR-06-23 08/10/2011 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