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HomeMy WebLinkAboutMS 14-01; Berchtold Minor Subdivision; Minor Subdivision (MS)^ CITY OF CARLSBAD LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.ca risbadca .gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Develooment Permits I I Administrative Permit I I Coastal Development Permit (*) Q Minor r~l Conditional Use Permit (*) I I Minor C] Extension [xl Environmental Impact Assessment I I Habitat Management Permit Minor • Hillside Development Permit (*) I 1 Planned Development Permit I I Residential \Z\ Non-Residential I I Planned Industrial Permit I I Planning Commission Detemiination I I Site Development Plan I I Special Use Permit [yl Tentative Tract Map/Parcel Map I I Variance HH Administrative (FOR DEPT. USE ONLY) Legislative Permits 1 I General Plan Amendment I I Local Coastal Program Amendment (*) I I Master Plan Q Amendment I I Specific Plan Q Amendment I I Zone Change (*) I I Zone Code Amendment (FOR DEPT. USE ONLY) South Carisbad Coastal Review Area Permits r~l Review Permit I I Administrative \L\ Minor CH Major Villaae Review Area Permits r~l Review Permit I I Administrative C] Minor [H Major (*) = eligible for 25% discount NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMHTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPUCATION MUST BE SUBMITTED PRIOR TO 4:00 P.M. ASSESSOR PARCEL NO(S).: PROJECT NAME: 156-212-11 Berchtold IVIinor Subdivision BRIEF DESCRIPTION OF PROJECT: We are proposing to subdivide 1,47 AC into four (4) lots with a minimum lot size of 10,000 SF BRIEF LEGAL DESCRIPTION: Lot 389 of Carlsbad Tract No. 72-20, Unit No. 3 per Map No. 7950 in the City of Carlsbad LOCATION OF PROJECT: 3154 Highland Drive, Carlsbad, CA ON THE: (NORTH, S0UTH,(EAS1), WEST) BETWEEN Oak Avenue (NAME OF STREET) SIDE OF AND STREET ADDRESS Highland Drive (NAME OF STREET) Basswood Avenue (NAME OF STREET) p-1 Page 1 of 6 Revised 11/12 OWNER NAME (Print): MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: 8185 Prestwick Lh Jolla:. CA 92037 619-405-6649 N/A APPLICANT NAME (Print): Christophe Berchtold MAILINGADDRESS:3154 Highland Drive CITY, STATE,ZIP: Carlsbad, CA 92008 TELEPHONE: 619-405-6649 EMAIL ADDRESS: berchpalm(3yahoo. com I CERTIFY THAT JlAM THE LEGAL OWNER ANO" THAT ALL THE ABOVE INFORMAIION/f? TRUE AND (CQKRECT JO TH5 BEST OF MY KNOW^Dl SIGNATURE I CERTIFY THAT I AM THE LEQ ArfBrnyATALL THBf ABOVE IE BIST Of MYANOWLEDi DATE lATURE TENTATIVE OF THE OWNER IS TRUE AND CORRECT TO DATE Rod Bradley c/o BHA, Inc, APPLICANTS REPRESENTATIVE (Print): MAILING ADDRESS: 5115 Avenida Encinas, Suite L CITY. STATE, ZIP: TELEPHONE: EMAIL ADDRESS: Carlsbad, CA 92008-4387 760-931-8700 X225 rbradley§bha incsd.com I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE APPLICANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWl DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONCJITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AKTOJB/ND ANY 6UCGESS0RS IN INTE ) ApnDjBIND/^NYSUC PROPERTY OV ERSIC FOR CITY USE ONLY RECEIVED JAN 1 0 201*1 CITY OF CARLSBAD PLANNING DIVISION DATE STAMP APPLICATION RECEIVED RECEIVED BY: WL p-1 Page 2 of 6 Revised 11/12 ^ DISCLOSURE Development Services <^&* STATEMENT Planning Division ^ CITY OF p A(A\ 1635 Faraday Avenue PARI ^RAD (760)602 4610 V-.r^r\L.OD#\L/ www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on ali applications which wiii require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following infomiation MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as 'Any individual, firm, co-partnership, joint venture, association, social dub, firatemal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all Individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Christophe Berchtold Corp/Part_ Title Title Address 3154 Highland Drive Address Carlsbad, CA 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corooration or partnership, include the names, titles, addresses of all individuals owning more than 10% ofthe shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person ^^^^ ^ Silvia Berchtold Corp/Part_ Title Owner Title Address ^^35 Prestwick Address La Jolla, CA 92037 p-1 (A) Page lof 2 Revised 07/10 NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit oroanization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust y Non Profit/Trust Title / Title ^ Address Address Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? • Yes X No If yes, please indicate person(s):. NOTE: Attach additional sheets if necessary. I certify that ajl^he above information is true and correct to the best of my l<nowledge. Signature of owner/date Signature of applicant/date Print or type name of owner Print or type name of applicant licable/date Print or type name of owner/applicant's agent p-1 (A) Page 2 of 2 Revised 07/10 CITY OF CARLSBAD TENTATIVE PARCEL MAP WAIVER OF PROCESSING TIME LIMITS P-1(F) Development Services Planning Division 1635 Faraday Avenue 760-602-4610 vmw.carlsbadca.gov Proposed Minor Subdivision No.:_ Subdivision Map Act (SMA) Section 66452.1 sets a 50-day time limit for the Planning Division to process tentative parcel maps. Per SMA Section 66451.1, this time limit may be extended by mutual consent of the applicant and the city to allow for concun-ent processing of related approvals or an environmental review of the project. By accepting applications for tentative parcel maps concun'ently vAth applications for other approvals that are prerequisites to the map (e.g., Environmental Infomiation Forni, Environmental Impact Report, Condominium Permit, Planned Unit Development), the 50-day time limit is often exceeded. For the city to process a tentative parcel map application concurrently, the property owner or applicant must sign this agreement. If this agreement is not signed, the city will accept the tentative parcel map application only after all prerequisites to the map have been processed and approved. The undersigned acknowledges the processing time required by the city is expected to exceed the 50-day time restriction and hereby waives such time restriction for city planner action. Signer is (check one): •Property Owner ^Applicant Signature Print Name - ^ Signer is (check one): / " 7 ^Property Owner [IlApplicant Date P-1(F) Rev. 04/13 HAZARDOUS WASTE Development Services «^ AND SUBSTANCES Planning Division ^ CITY OF CARLSBAD STATEMENT P-1(C) 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the Califomia Environmental Protection Agency and hereby certify that (check one): X] The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Govemment Code. I I The development project and any alternatives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 ofthe State Government Code. APPLICANT lylgf^g. Christophe Berchtold Address:3154 Highland Drive Carlsbad, CA 92008 Phone Number: 619-405-6649 Name: PROPERTY OWNER Jean & Silvia Berchtold Address: 8135 Prestwick La Jolla, CA 92037 Phone Number: N/A Address of Site: 3154 Highland Drive, Carlsbad, CA 92008 Local Agency (City and Countv): City of Carlsbad/County of San Diego Assessor's book, page, and parcel number: 156-212-11 Specify list(s): County of San Diego Regulatory Identification Number:, 199577 Date of List Updated Quarterly Property Owner Signature/Date The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the Califomia Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of 2 Revised 02/13 ^ CITY OF CARLSBAD PROJECT DESCRIPTION P-1(B) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME: _ APPLICANT NAME: Berchtold Minor Subdivision Christophe Berchtold Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: See Attached P-1(B) Page 1 of 1 Revised 07/10 PROJECT DESCRIPTION The proposed minor subdivision is located at 3154 Highland Drive, Carlsbad, CA. The property is known as APN: 156-212-11 and is 1.47 acres in size. The subject property has three (3) existing structures located at the highest point of the property. One (1) of the structures will be demoUshed, while the other two (2) structures will remain. The remainder of the property is currently being cultivated for ornamental plants. The site has been 100 percent disturbed to accommodate the plants. The project is proposing to subdivide the property into four (4) parcels ranging in size from 10,000 square feet to 29,899 square feet. No grading is proposed at this time. The owner plans to remain on site, once the minor subdivision is approved. Two of the parcels will gain access from Highland Drive and two (2) will gain access from James Drive. project description.misc Inc, City of Carlsbad Faraciay Center Faraday Cashiering 001 1401001-1 01/10/2014 149 Fri, Jan 10, 2014 11:15 AM Receipt Ref Nbr: R1401001-1/0036 PERMITS - PERMITS Trap Ref Nbr; 140100101 0036 0042 Trans/Rcpt#: R0099233 SET #; MS140001 Amount: 1 @ $3,749.00 Jtem Subtotal: $3,749.00 t-tem Total: $3,749.00 [EH(S) TOTAL: $3,749.00 |k# 021939) ived; $3,749.00 $3,749.00 fiay! City of Carlsbad 163 5 Faraday Avenue Carlsbad CA 92008 Applicant: BERCHTOLD CHRISTOPHER Description MS140001 3154 HIGHLAND DR CBAD Amount 3,749.00 Receipt Number: R0099233 Transaction Date: 01/10/2014 Transaction ID: R0099233 Pay Type Method Description Amount Payment Check 3,749.00 Transaction Amount: 3,749.00 CU/) City of Carlsbao* ** Faraday Center Faraday Cashiering 001 1401301-2 01/13/2014 149 Mon, Jan 13, 2014 03:43 PH Receipt Ref Nbr; RMO 1301-2/0044 PERMITS - PERMITS Tran Ref Nbr: 140130102 0044 0051 Trans/Rcpt#: R0099258 SET #: MS140001 Amount: 1 8 $21.15 Item Subtotal; $21.16 Item Total; $21.16 1 ITEM(S) TOTAL; $21.15 Check (Chk# 021955) $21.16 Total Received: $21.15 Have a nice dayi **************CL!STOMER COPY************* city of Carlsbad 163 5 Faraday Avenue Carlsbad CA 92008 Applicant: BHA INC/BRADLEY ROD Description MS140001 3154 HIGHLAND DR CBAD Amount 21.16 Receipt Number: R0099258 Transaction Date: 01/13/2014 Transaction ID: R0099258 Pay Type Method Description Amount Payment Check 21.16 Transaction Amount: 21.16 bo) ATTACHMENT "2" CERTIFICATION OF POSTING I certify tliat the "Notice of Project Application" lias been posted at a conspicuous location on the site on (DATE) SIGNATURE: PRINT NAME: Dale J. Clark, BHA, Inc. PROJECT NAME: Berchtold Minor Subdivision PROJECT NUMBER: 14-01 LOCATION: ^^^^ Highland Drive Carlsbad, CA 92008 RETURN TO: Christer Westman (Planner) CITY OF CARLSBAD PLANNING DIVISION 1635 Faraday Avenue Carlsbad, CA 92008-7314 p-21 Page 4 of 6 Revised 07/10 ^CARLSBAD Community & Economic Development www.carisbadca.gov NOTICE OF REQUEST FOR A TENTATIVE PARCEL MAP Notice is hereby given that a tentative parcel map has been applied for to allow a four lot subdivision on property generally located at, 3154 Highland Drive, Carlsbad, California, and more particularly described as: The southwesterly 400 feet of Lot 24 of Patterson's Addition in the City of Carlsbad, County of San Diego, State of California, according to Map No. 565 thereof, excepting therefrom the southwesterly 40 feet as measured parallel with the northwesterly and southwesterly lines of said Lot 24. This project proposes to subdivide an existing 1.47 acre parcel into four lots, each greater than 10,000 SF, two of which gain access from Highland Drive and two from the future extension of James Drive. If you have any objections to the granting of this tentative parcel map or wish to have an administrative hearing to discuss the requested tentative parcel map, please notify the Planning Division, 1635 Faraday Avenue, Carlsbad, California 92008, in writing within 10 days ofthe date of this notice. If you have any questions, please call Christer Westman in the Planning Division at (760) 602-4614 or by email at christer.westman@carlsbadca.gov. CASE NO.: MS 14-01 CASE NAME: BERCHTOLD MINOR SUBDIVISION DATE: January 16, 2014 CITY OF CARLSBAD PLANNING DIVISION Planning Division Mmll ]^g35 Faraday Ave. I Carisbad, CA 92008 I 760-602-4600 I 760-602-8558 fax state of California—Natural Resources Agency CALIFORNIA DEPARTiVIENT OF FISH AND WILDLIFE 2015 ENVIRONMENTAL FILING FEE CASH RECEIPT SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY RECEIPT# SD2015 0333 STATE CLEARING HOUSE #(«applicable) LEADAGENCY CITY OF CARLSBAD- PLANNING DIVISION DATE 04/13/2015 COUNTY/STATE AGENCY OF FILING SAN DIEGO DOCUMENTNUMBER *20150333* PROJECTTITLE MS 14-01 - BERCHTOLD MINOR SUBDIVISION PROJECTAPPLICANT NAME BHA INC C/O DALE CLARK PHONENUMBER (760) 931-8700 PROJECTAPPLICANT ADDRESS 5115 AVENIDA ENCINAS CFTY CARLSBAD STATE CA ZIPCODE 92008 PROJECT APPLICANT (Cfieck appropriate box): • Local Public Agency • School District • Other Special District • State Agency 12 Private Entity CHECK APPLICABLE FEES: Q Environmental Impact Report (EIR) • Negative Declaration (ND)(MND) • Application Fee Water Diversion ("Sfafe Water Resources Control Board Only) Q Projects Subject to Certified Regulatory Programs (CRP) EJ County Administrative Fee • Project that is exempt from fees [2 Notice of Exemption • CDFW No Effect Determination (Form Attached) • other PAYMENT METHOD: • Cash • Credit • Check • Other CHK #22649 $3,069.75 $ $2,210.00 $ $850.00 $ $1,043.75 $ $50.00 $ TOTALRECEIVED $ $50.00 $50.00 SIGNATURE X V. Orendain TITLE Deputy City of Carlsbad MAY 1 8 2015 Planning Division ORIGINAL - PROJECT APPLICANT COPY-CDFW/ASB COPY-LEAD AGENCY COPY - COUNTY CLERK FG 753.6a (Re\i 11/12) NOTICE OF EXEIVlftlON ^ ^ ^ ^ ^ Hrnest ,1 Dronenburg. .ir. Recorder Counn Clerl< To: SD County Clerl< From: CITYOFCARLSBAD Attn: James Scott Planning Division APR 1 3 2015 1600 Pacific Highway, Suite 260 1635 Faraday Avenue %/ /^ranHair POBOX 121750 Carlsbad, CA 92008 BY_V^JJreijUCllI I San Diego, CA 92101 (760) 602-4600 Subject: Filing of this Notice of Exemption is in compliance with Section 21152b of the Public Resources Code (California Environmental Quality Act). Project Number and Title: MS 14-01 - BERCHTOLD MINOR SUBDIVISION Project Location - Specific: 3154 Highland Drive Project Location - City: Carlsbad Project Location - County: San Diego Description of Project: Minor subdivision of a 1.47 acre single familv residential lot into three parcels each greater than 10.000 square feet each. Name of Public Agency Approving Project: Citv of Carlsbad Name of Person or Agency Carrying Out Project: Name of Applicant: BHa Inc. c/o Dale Clark Applicant's Address: 5115 Avenida Encinas Carlsbad CA 9 2-Cg> R Applicant's Telephone Number: 760-931-8700 Exempt Status: (Check One) • Ministerial (Section 21080(b)(1); 15268); • Declared Emergency (Section 21080(b)(3); 15269(a)); • Emergency Project (Section 21080(b)(4); 15269 (b)(c)); ^ Categorical Exemption - State type and section number: 15315 Minor Land Divisions • Statutory Exemptions - State code number: • General rule (Section 15061(b)(3)) Reasons why project is exempt: Division of urban infill land into fewer than 5 parcels consistent with the General Plan and Zoning Ordinance. Lead Agency Contact Person: Christer Westman Telephone: 760-602-4614 DON NEU, City Planner Date Date received for filing at OPR: FILED IN THE OFFICE OF THE COUNTY CLERK San Diego &5unty on APR 1 3 2015 Posted APR 1 3 2015 Removed HA't i4 ^1;;^ Retumed to agency on -'AV i Deouw V Orfinrlam Revised 05/13 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: (To be completed by City) Application Number(s): General Information 1. Name of project: Berchtold Minor Subdivision 2. Name of developer or project sponsor: Owner Address: 8185 Prestwick City, State, Zip Code: La Jolla, CA 92037 Phone Number: ^^^^^ 405-6649 3. Name of person to be contacted conceming this project: Rod Bradley Address: 5115 Avenida Encinas, Suite L, City, State, Zip Code: Carlsbad, CA 92008-4387 Phone Number: 760-931-8700 X225 4. Address of Project: 3154 Highland Drive Assessor's Parcel Number: 156-212-11 5. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: TPM and Stormwater 6. Existing General Plan Land Use Designation: RLM 0-4 DU's/AC R-l 10,000 7. Existing zoning district: 8. Existing land use(s): Single Family Residential 9. Proposed use of site (Project for which this fonn is filed): Four (4) Single Family Residential Parcels Project Description 10. Site size: 1-47 11. Proposed Building square footage: N/A 12: Number of floors of construction: N/A 13. Amount of off-street parl<ing provided: N/A 14. Associated projects: Boundary Adjustment p-1 (D) Page 2 of 4 Revised 07/10 15. If residential, include the number of units and schedule of unit sizes: Four (4) proposed parcels and no grading proposed. 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: N/A 17. If industrial, indicate type, estimated employment per shift, and loading facilities: N/A 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: N/A 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: N/A P-1 (D) Page 3 of 4 Revised 07/10 Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial O H alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or • 0 roads. 22. Change in pattem, scale or character of general area of project. • H 23. Significant amounts of solid waste or litter. O Q 24. Change in dust, ash, smoke, fumes or odors in vicinity. • [23 25. Change in ocean, bay, lal<e, stream or ground water quality or quantity, or • H alteration of existing drainage pattems. 26. Substantial change in existing noise or vibration levels in the vicinity. Q 27. Site on filled land or on slope of 10 percent or more. • H 28. Use of disposal of potentially hazardous materials, such as toxic substances, D S flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, • H etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). G 31. Relationship to a larger project or series of projects. • H Environmental Setting Attach sheets that include a response to the following questions: 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-bacl<, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements fumished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and infomnation presented are true and correct to the best of my l<nowledge and belief. Date: "^tlT Signature: —^- For: P-1 (D) Page 4 of 4 Revised 07/10 ENVIRONMENTAL INFORMATION FORM CONTINUED 32. The subject property is 1.47 acres in size and has been previously disturbed for the use of cuhivation of various ornamental plants. Three (3) structures exist on the property. One (1) is the current home of Christophe Berchtold, while the other two (2) structures are primarily used for storage. One (1) of these two (2) structures will be removed from the property (See TPM). The property fronts on both Highland Drive and James Drive. The property slopes toward Highland Drive and James Drive. Water, sewer and dry utilities are available to the site. The average slope of the property is less than fifteen percent (15%). 33. The surrounding land use is as follows: North: Single Family Residential East: Vacant Land and Single Family Residential South: Single Family Residential West: Single Family Residential The proposed project will ultimately result in four (4) single family homes on 10,000 square foot minimums lots and up to 29,899 square feet in size. environmental.misc , Inc. LOCATIONMAP AERIAL VIEW LOOKING SOUTHERLY ALONG HIGHLAND DRIVE FRONTAGE LOOKING WESTERLY ACROSS PR OPER TY FR OM JAMES DRIVE CITY OF CARLSBAD PLANNING DIVISION REQUEST FOR CONDITIONS DATE: FEBRUARY 17. 2015 FINAL REVISED PLANS INCLUDED • TO: 1^ LAND DEVELOPMENT ENGINEERING - T. Levy • POLICE DEPARTMENT-J. SASWAY • FIRE DEPARTMENT - GREG RYAN • BUILDING DEPARTMENT-WILL FOSS • LANDSCAPE PLANCHECK CONSULTANT - PELA • PARKS/TRAILS - LIZ KETABIAN • M & O - CMWD - STEVE PLYLER *ALWAYS SEND EXHIBITS FROM: PUNNING DIVISION/v/0i«5-|7V\^ilA REQUEST FOR CONDITIONS ON PROJECT NO(S): MS 14-01 PROJECTTITLE: BERCHTOLD MINOR SUBDIVISION APPLICANT: BHA INC PROPOSAL: 1.47 ACRES INTO 4 LOT SUBDIVISION Please review and submit written conditions to the TRACKING DESK in LDE at 1635 Faraday Avenue, by 3/10/15. If you have "No Conditions", please so state. Please note that time is of the essence, as the staff report preparation has begun. If you have any questions, please contact Christer Westman. at 760-602-4614. THANK YOU -1 ' I Da'te c: File Request for Conditions 4/14 • CITY OF CARLSBAD REVIEW AND COMMENT MEMO *ALWAyS SEND EXHIBITS • DATE: JANUARY 26, 2015 PROJEa NO(S): MS 14-01 REVIEW NO: 3 PROJECT TITLE: BERCHTOLD MINOR SUBDIVISION APPLICANT: BHA INC/ROD TO: Land Development Engineering-T. Levy • Public Works (Storm Drain) - Clayton Dobbs • Police Department - J. Sasway • Public Works (Wastewater) - Don Wasko • Fire Department - Greg Ryan • Public Works (Water) - Eric Sanders • Building Division - Will Foss • Water/Sewer District • Parks & Recreation (Parks/Trails) - Liz Ketabian • Landscape Plancheck Consultant - PELA • Parks & Recreation (Trees & Medians) - Kyle Lancaster • School District • Public Works Department (Streets) • North County Transit District - Planning Dept. • Public Works Department (Traffic) - John Kim • Sempra Energy - Land Management • • Public Works Department (Design) - David Ahles SANDAG (Any huge/major development) 401 B. Street, Suite 800, San Diego CA 92101-4231 • Caltrans (Send anything adjacent to 1-5) State of California Dept. of Transportation Planning Division, ATTN: Jacob Armstrong 4050 Taylor Street, MS 240 San Diego, CA 92110 FROM: PLANNING DIVISION/WESTMAN Please review and submit written comments and/or conditions to the TRACKING DESK in LDE at 1635 Faraday Avenue, by 2/17/15. If you have "No Comments," please so state. If vou determine that there are items that need to be submitted to deem the application "complete" for processing, please immediatelv contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you COMMENTS: Signat Date PLANS ATTACHED Review & Comment 8/14 <^»S^ CITY O F ^ CARLSBAD Memorandum February 5, 2015 To: Christer Westman, Project Planner From: Tecla Levy, Project Engineer Subject MS 14-01 BERCHTOLD MINOR SUBDIVISION The engineering department has completed its review of the project. The engineering department is recommending that the project be approved, subject to the following conditions: Engineering 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. General 1. 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 available until time of occupancy. 2. Developer shall submit to the city engineer a reproducible 24" x 36" photo mylar of the tentative parcel map and conceptual grading exhibit 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. 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 Community & Economic Development - Land Development Engineering 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2740 I 760-602-1052 fax I www.carlsbadca.gov Page 1 of 15 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 ofthe 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. Fees/Agreements 8. Developer is required to pay all required fees and deposits prior to approval of the parcel map. 9. Developer shall pay the Planned Local Drainage Area Fee prior to approval ofthe parcel map. 10. 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. 11. 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. 12. 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. 13. 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 14. No grading is proposed with this application. Grading shown on the approved tentative parcel map is conceptual only. Grading permit requirements will be determined during the development of each lot. 15. 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 Page 2 of 15 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. Improvements 55. Developer shall design all proposed improvements within the public right-of-way including but not limited to water services, sewer laterals and driveways as shown on the tentative parcel map. These improvements shall be shown as£onstructionyKgvision 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. Non-Mapping Notes 56. Note(s) to the following effect(s) shall be placed on the parcel map as non-mapping data: A. Developer shall design all proposed improvements within the public right-of-way including but not limited to water services, sewer laterals and driveways as shown on the tentative parcel map. These improvements shall be shown as Construction Revision to an existing record public improvement drawing. B. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. C. 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. 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 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. E. 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. Page 3 of 15 utilities 57. 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. 58. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 59. 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. 60. 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. Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 77. This tentative parcel map will expire twenty four (24) months from the date of the final approval notice issued by the city engineer. 78. 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. Page 4 of 15 CITY OF CARLSBAD REVIEW AND COMMENT MEMO 4. DATE: JANUARY 10. 2014 PROJECT NO{S): MS 14-01 ^^t?j,^'.f . ,. REVIEW NO: 1 m PROJECT TITLE: BERCHTOLD MINOR SUBDIVISION APPLICANT: BHA, INC/ROD BRADLEY TO: Land Development Engineering-Tecla Levy • Public Works (Storm Drain) - Clayton Dobbs • Police Department-J. Sasway • Public Works (Wastewater) - Don Wasko Fire Department - Greg Ryan • Public Works (Water) - Eric Sanders • Building Division - Will Foss • Water/Sewer District • Parks & Recreation (Parks/Trails) - Liz Ketabian • Landscape Plancheck Consultant - PELA • Parks & Recreation (Trees & Medians) - Morgan • School District Rockdale • Public Works Department (Streets) - Nick Roque • North County Transit District - Planning Dept. • Public Works Department (Traffic) - John Kim • Sempra Energy - Land Management • Public Works Department (Design) - Patrick Vaughan • Caltrans (Send anything adjacent to 1-5) •ALWAYS SEND EXHIBITS FROM: PLANNING DIVISION Please review and submit written comments^j^/or co^ to the^^^g|,^|6iUI4jiJ|8^ the Planning Division at 1635 Faraday Avenue, bvl/31^14. 1f you have "No Comments," please so state, ffvou determine that there are items that nee'tfto be siifbmitted to deem the application "complete" for processing, please immediatelv contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you COMMENTS: Signatu ture CJ 14 Date PLANS ATTACHED Review & Comment 03/13 ^ CARLSBAD CITY OF Memorandum January 30, 2014 To: Christer Westman, Planner From: Tecla Levy, Associate Engineer Re: MS 14-01 - BERCHTOLD MINOR SUBDIVISION Engineering Department staff has completed the 1st review ofthe above application submittal documents for complete. The application documents submitted for this project are complete. Prior to next submittal, it is suggested the following items are adequately addressed: Engineering Issues: 1. Add a note on the site plan indicating that CT 12-07 shall be recorded and James Drive Extension improvements shown in DWG 480-4 of CT 12-07 shall be completed or secured for prior to the recordation of this parcel map, MS 14-01. 2. Revise the typical street sections of James Drive and James Drive Extension to match the cross-sections shown in DWG 480-4 of CT 12-07. 3. On the site plan, clearly delineate and dimension the public right-of-way for James Drive extension. Delineate street improvements including curb and gutter and sidewalk using symbols. 4. Revise Parcel 2 lot width to comply with the required minimum width of 75 feet per CMC 21.10.100(A)2. If Parcel 2 is intended to be a panhandle lot, revise to comply with the minimum required panhandle width of 20 feet per CMC 21.08.07(4). 5. The existing structure labeled "to remain" on the site plan is located within required 20 feet panhandle access and does not comply with CMC 21.08.07(8). In addition, the structure does not comply with setback requirements per CMC 21.10.06 and CMC 21.10.07. Please revise to indicate that the structure is to be removed. 6. Show the water main along James Drive Extension as shown on DWG 480-4 of CT 12-07. CT 12-07 is relocating a portion of the existing water main along the eastern boundary of the proposed Parcels 3 and 4. Revise the locations of the proposed water services and connection points accordingly. 7. Please comply with engineering standard Volume 3, Chapter 1, GS-14 for the required slope setback from the property line (3.5 feet minimum). Provide multiple cross-sections to demonstrate differences in grade at locations indicated on the red-lined site plan. Show r contour elevations on the conceptual slopes. Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 760-602-2710 I 760-602-8560 fax I www.carlsbadca.gov ^1 Berchtold Tentative Map, M5 14-01 January 30, 2014 Page 2 8. Meet with the Fire Department to identify the necessary fire protection measures required for this project (access, fire hydrants, sprinkler systems, etc.). 9. Show all existing easements identified in the title report. 10. Indicate the line-of-sight at all driveway /street intersections using Caltrans guidelines (corner sight distance). Verify no conflicts exist. 11. Show dimensions (distances and bearings) ofthe property boundary on sheet 2 ofthe site plan. 12. Please comply with all other comments shown on the red-lined preliminary site plan and conceptual grading exhibit. Resubmittal: 13. Please submit the following documents in the next review submittal: a) 1 copy ofthe revised preliminary site plan V 0 CITY OF CARLSBAD REVIEW AND COMMENT MEMO *ALWAYS SEND EXHIBITS DATE: NOVEMBER 13, 2014 PROJECT NO(S): MS 14-01 REVIEW NO: 2 PROJECTTITLE: BERCHTOLD MINOR SUBDIVISION APPLICANT: BHA, INC/ROD BRADLEY TO: ^ Land Development Engineering - Tecla Levy I I Police Department - J. Sasway I I Fire Department - Greg Ryan I I Building Division - Will Foss Parks & Recreation (Parks/Trails) - Liz Ketabian I I Parks & Recreation (Trees & Medians) - Kyle Lancaster I I Public Works Department (Streets) I I Public Works Department (Traffic) - John Kim I I Public Works Department (Design) - David Ahles n SANDAG (Any huge/major development) 401 B. street, Suite 800, San Diego CA 92101-4231 FROM: PLANNING DIVISION/CHRISTER WESTMAN • Public Works (Storm Drain) - Clayton Dobbs CD Public Works (Wastewater) - Don Wasko I I Public Works (Water) - Eric Sanders I I Water/Sewer District I I Landscape Plancheck Consultant - PELA • School District []] North County Transit District - Planning Dept. I I Sempra Energy - Land Management O Caltrans (Send anything adjacent to 1-5) State of California Dept. of Transportation Planning Division, ATTN: Jacob Armstrong 4050 Taylor Street, MS 240 San Diego, CA 92110 Please review and submit written comments and/or conditions to the TRACKING DESK in LDE at 1635 Faraday Avenue, by 12/4/14. If you have "No Comments," please so state. If you determine that there are items that need to be submitted to deem the application "complete" for processing, please immediatelv contact the applicant and/or their representatives (via phone or e-mail) to let them know. Thank you COMMENTS: Signature Date PLANS ATTACHED Review & Comment 8/14 '"^ CARLSBAD <^ '^rp' CITY OF Memorandum November 25, 2014 To: Christer Westman, Planner From: Tecla Levy, Associate Engineer Re: MS 14-01 - BERCHTOLD MINOR SUBDIVISION Engineering Department staff has completed the 2nd review ofthe above application submittal documents for complete. The application documents submitted for this project are complete. Prior to next submittal, it is suggested the following items are adequately addressed: Engineering Issues: 1. Revise the typical street section of James Drive to match the cross-sections shown in DWG 480-4 of CT 12-07. Specify station numbers where the cross-section varies from 20 feet to 17 feet. 2. Show dimensions (distances and bearings) of the proposed property boundary along James Drive per ADJ 13-03. 3. Revise the location of the proposed driveway for Parcel 3 to avoid conflict with the bio- infiltration BMP along James Drive. Coordinate with Valley 17 project to provide adequate driveway for Parcel 3. 4. Revise the location of the proposed driveway for Parcel 2 to match the driveway shown in DWG 480-4. 5. Show a drainage ditch at the toe ofthe proposed slope in Parcel 2, along the property line to prevent cross-lot drainage (see red-lined comments on the plans). Provide a minimum of 5.5 feet bench for the proposed drainage ditch. 6. Revise the preliminary drainage report to agree with the revised tentative map. 7. Please comply with all other comments shown on the red-lined preliminary site plan and conceptual grading exhibit. Resubmittal: 8. Please submit the following documents in the next review submittal: a) 1 copy of the revised preliminary site plan Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax I www.carlsbadca.gov _ _ H ^CARLSBAD Community & Economic Development www.carlsbadca.gov April 9, 2015 Dale Clark BHa, Inc. 5115 Avenida Encinas, Suite L Carlsbad CA 92008-4387 SUBJECT: MS 14-01-BERCHTOLD SUBDIVISION - Request for approval of a Tentative Parcel Map MS 14-01, to subdivide a 1.47 acre property into three parcels, with one panhandle lot, each greater than 10,000 square feet at 3154 Highland Drive, in the One-Family Residential (R- 1-10,000) Zone and in Local Facilities Management Zone 1. The City Planner has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15315 "Minor Land Divisions" of the State CEQA Guidelines and will not have any adverse significant impact on the environment. Dear Mr. Clark The City Planner has completed a review of the application for a tentative parcel map located at 3154 Highland Drive, Carlsbad, CA. The City Planner has made a decision pursuant to Section 20.24.120 of the City of Carlsbad Municipai Code to approve this tentative parcel map based on the findings and subject to the conditions listed below. 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 located within and is surrounded by properties that have been fully developed as single family residential properties; the project is the subdivision of land into single-family residential parcels. 2. That 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, and will not cause serious public health problems, in that the tentative parcel map creates 3 parcels at a density that is equal to 2.04 dwelling units per acre which is within the General Plan Residential Low Medium (RLM) density range of 0-4 dwelling units per acre and the project's three lots are 1.7 dwelling units below the growth control point yield of 4.7 dwelling units. The project density is suitable for the development of single-family residences consistent with the existing surrounding development pattern and does not introduce new or incompatible uses that could cause serious public health problems. Planning Division 1635 Faraday Avenue. Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © MS 14-01 - BERCHTOLD SUBBIPISION ^ April 9, 2015 Page 2 ' 3. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for single-family residential development on the General Plan consistent with the Residential Low Medium (RLM) density, in that and consistent with the R-1-10,000 Zone, the tentative parcel map creates parcels that will be suitable for single-family residential development on lots greater than 10,000 square feet. 4. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed, in that each of the parcels created by the tentative parcel map exceed the minimum 10,000 square feet lot size as required by the Carlsbad Municipal Code. 5. That 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 there are no easements of record or easements established by court judgment for access through or use of property within the property. 6. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 7. That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that future structures may be oriented in an east-west alignment for southern exposure and/or to take advantage of shade or prevailing breezes. 8. That the City Planner has considered, in connection with the housing proposed by this subdivision, the housing needs ofthe region, and balanced those housing needs against the public service needs of the City and available fiscal and environmental resources and the project will pay the appropriate housing in-lieu fee for the two new lots at the time that the individual parcels are developed with a single family home. 9. That 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 project site has been previously disturbed and is fully landscaped with non-native species, that the site will be fully surrounded by single-family residential development, and the site is not a part of a significant habitat preserve or corridor. 10. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that subdivision of the property into three parcels will not alter the existing drainage patterns and that future grading of the parcels will require the issuance of a grading permit and will be subject to the analysis and approval of water quality best management practices in accordance with the most recent regional water quality standards. 11. That the City Planner finds that the project, as conditioned herein, is in conformance with the City's General Plan in that the tentative parcel map will accommodate single-family residential development as designated in the General Plan at a density of 2.04 dwelling units per acre which is within the General Plan density range of 0-4 dwelling units per acre and below the growth management controi point of 3.2 dwelling units per acre which would allow the development of 4.7 dwelling units on the property and therefore still consistent with the General Plan including the Housing Element. MS 14-01 - BERCHTOLD SUBDWSION April 9, 2015 Page 3 12. Although the project is 1.7 dwelling units below the RNHA base of 4.7 dwelling units, other sites identified in the housing element are adequate to accommodate the city's share of the regional housing needs. 13. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, a. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permit. c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. 14. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 15. That the property cannot be served adequately with a public street without a panhandle lot due to unfavorable conditions resulting from unusual topography, surrounding land development, or lot configuration, in that Parcel 2 is located upslope from Parcel 1 which is adjacent to James Drive and requires a uniquely longer drive access. 16. That this subdivision with a panhandle lot will not preclude or adversely affect the ability to provide full public street access to other properties within the same block of the subject property, in that James Drive has been fully designed and existing and future homes on James Drive have full public street access. 17. That the buildable portion of the lot consists of 15,196 net square feet, which meets the requirements of Section 21.10.100(C) of the Carlsbad Municipal Code; 18. That the front, side, and rear property lines of the buildable lot, for purposes of determining required yards, are as shown on Exhibit "A" 19. That any panhandle lot hereby approved satisfies all the requirements of Section 21.10.100(D) of the Carlsbad Municipal Code. 20. The City Planner has reviewed each of the exactions imposed on the Developer contained in this resolution, 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 the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: 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. MS 14-01 - BERCHTOLD SUBIWISION April 9, 2015 Page 4 Planning 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Tentative Parcel Map. 2. Approval is granted for MS 14-01 as shown on Exhibit "A" dated March 12, 2015, on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Parcel Map (MS 14-01) documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 4. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 5. If any condition for construction of any public improvements or facilities, or the 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 Council determines that the project without the condition complies with all requirements of law. 6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 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 nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator'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. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 7. Developer shall submit to the Planning Division a reproducible 24" x 36," mylar copy of the Tentative Parcel Map reflecting the conditions approved by the final decision-making body. 8. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any applicable Coastal Commission approvals). 9. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. MS 14-01 - BERCHTOLD SUBDIVISION April 9, 2015 Pages 10. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Parcel Map. 11. At issuance of building permits for Parcel 2 and Parcel 3, or prior to the approval of a final map, the Developer shall pay to the City an inclusionary housing in-lieu fee as an individual fee on a per market rate dwelling unit basis for Parcel 2 and Parcel 3 in the amount in effect at the time, as established by City Council Resolution from time to time. 12. 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 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 13. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application, any change in the telecommunications provider, or any transfer in ownership of the site. 14. Prior to the recordation of the Final Parcel Map, Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Tentative Parcel Map on the property. Said Notice of Restriction shall note the property description, location ofthe file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 15. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities District or other financing mechanism which is inconsistent with City Council Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any other disclosure required by law or Council policy, the Developer shall disclose to future owners in the project, to the maximum extent possible, the existence of the tax or fee, and that the school district is the taxing agency responsible for the financing mechanism. The form of notice is subject to the approval of the City Planner and shall at least include a handout and a sign inside the sales facility stating the fact of a potential pass-through of fees or taxes exists and where complete information regarding those fees or taxes can be obtained. 16. No development other than improvements necessary and desirable for the driveway access may be constructed within the 35 foot wide portion of Parcel 2. Engineering Unless specifically stated in the condition, all of the following conditions, upon the approval of this tentative parcel map, must be met priorto approval of a final parcel map. MS 14-01 - BERCHTOLD SUBCWISION April 9, 2015 Page 6 17. 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 available until time of occupancy. 18. Developer shall submit to the city engineer a reproducible 24" x 36" photo mylar of the tentative parcel map and conceptual grading exhibit 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. 19. Unless a standards variance has been issued, no variance from city standards is authorized by virtue of approval of this tentative parcel map. 20. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time building permits are issued. 21. 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. 22. 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. 23. 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. Fees/Agreements 24. Developer is required to pay all required fees and deposits priorto approval ofthe final parcel map. 25. Developer shall pay the Planned Local Drainage Area Fee prior to approval of the final parcel map. 26. Developer shall pay or post security for park-in-lieu fees to the city prior to approval of the final parcel map as required by Chapter 20.44 ofthe Carlsbad Municipal Code. 27. 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. MS 14-01 - BERCHTOLD SUBDMSION April 9, 2015 Page 7 28. 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. 29. 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. 30. Developer shall cause property owner to enter into a Neighborhood Improvement Agreement with the city on a city-standard form for the future public improvement of Highland Drive along the subdivision frontage for a half street width of 30 feet. Public improvements shall include but are not limited to paving, base, sidewalks, curbs and gutters, medians, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights, pedestrian ramp, retaining walls and reclaimed water. 31. 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 32. No grading is proposed with this application. Grading shown on the approved tentative parcel map is conceptual only. Grading permit requirements will be determined during the development of each lot. 33. 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. Improvements 34. Developer shall design all proposed improvements within the public right-of-way including but not limited to water services, sewer laterals and driveways as shown on the tentative parcel map. These improvements shall be shown as Construction Revision to an existing record public improvement drawing. a. 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. Non-Mapping Notes 35. Note(s) to the following effect(s) shall be placed on the final parcel map as non-mapping data: 3^li MS 14-01 - BERCHTOLD SUBDJVlSION April 9, 2015 Pages a. Developer shall design all proposed improvements within the public right-of-way including but not limited to water services, sewer laterals and driveways as shown on the tentative parcel map. These improvements shall be shown as Construction Revision to an existing record public improvement drawing. b. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. c. 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. 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 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. e. 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 tand subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. Utilities 36. 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. 37. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 38. Developer shall install potable water services and meters at locations approved by the district engineer. The locations ofsaid services shall be reflected on public improvement plans. 39. 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. Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 40. This tentative parcel map will expire twenty four (24) months from the date of the final approval notice issued by the city engineer. 41. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 ofthe City of Carlsbad Municipal Code, respectively. 42. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final parcel map as required by Chapter 20.44 ofthe Carlsbad Municipal Code. 43. Prior to the issuance of a building permit. Developer shall pay a Public Facility fee as required by Council Policy No. 17. D^^li MS 14-01 - BERCHTOLD SUBOmSION April 9, 2015 Page 9 44. Prior to the issuance of a building permit. Developer shall pay the Local Facilities Management fee for Zone 1 as required by Carlsbad Municipal Code Section 21.90.050. 45. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 46. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 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. This decision may be appealed by you or any other member of the public to the Planning Commission within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division at 1635 Faraday Avenue in Carlsbad, along with a payment of $638.00. The filing of such appeal within such time limit shall stay the effective date of the order of the City Planner until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact the Project Planner, Christer Westman, at 760-602-4614. Sincerely, CHRIS DeCERBO Principal Planner CD: CW:bd Don Neu, City Planner Chris DeCerbo, Principal Planner Christer Westman, Project Planner Tecla Levy, Project Engineer Fire Department, Gregory Ryan File Copy DMS Data Entry CITY OF V (CARLSBAD Community & Economic Development FILE www.carlsbadca.gov PRELIMINARY DECISION LETTER OF TENTATIVE PARCEL MAP March 12, 2015 Dale Clark BHa, Inc. Suite L 5115 Avenida Encinas Carlsbad, CA 92008-4387 SUBJECT: MS 14-01 - BERCHTOLD MINOR SUBDIVISION - Request for approval of a Tentative Parcel Map MS 14-01; to subdivide a 1.47 acre property into three parcels, with one panhandle lot, each greater than 10,000 square feet at 3154 Highland Drive, in the One- Family Residential (R-1-10,000) Zone and in Local Facilities Management Zone 1. The City Planner has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15315 "Minor Land Divisions" of the State CEQA Guidelines and will not have any adverse significant impact on the environment. Dear Mr. Clark, The City Planner has completed a review of the application for a tentative parcel map located at 3154 Highland Drive. The existing lot contains one single family home and the subdivision will create three residentially zoned parcels with the existing home being preserved on one ofthe parcels. The remaining two will be available for the construction of one single family home each under the current R-1-10,000 zoning designation. The City Planner 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 Planner within 10 calendar days of the date of this preliminary approval. Upon receiving such written request, the City Planner 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 Planner 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 located within and is surrounded by properties that have been fully developed as single family residential properties; the project is the subdivision of land into single-family residential parcels. Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® CHTOLD MINCmSUBDIVISION 2. That the proposed map and the proposed design and improvement ofthe 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, and will not cause serious public health problems, in that the tentative parcel map creates 3 parcels at a density that is equal to 2.04 dwelling units per acre which is within the General Plan Residential Low Medium (RLM) density range of 0-4 dwelling units per acre and the project's three lots are 1.7 dwelling units below the growth control point yield of 4.7 dwelling units. The project density is suitable for the development of single-family residences consistent with the existing surrounding development pattern and does not introduce new or incompatible uses that could cause serious public health problems. 3. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for single-family residential development on the General Plan consistent with the Residential Low Medium (RLM) density, in that and consistent with the R-1-10,000 Zone, the tentative parcel map creates parcels that will be suitable for single-family residential development on lots greater than 10,000 square feet. 4. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed, in that each ofthe parcels created by the tentative parcel map exceed the minimum 10,000 square feet lot size as required by the Carlsbad Municipal Code. 5. That 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 there are no easements of record or easements established by court judgment for access through or use of property within the property. 6. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 7. That the design ofthe subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that future structures may be oriented in an east-west alignment for southern exposure and/or to take advantage of shade or prevailing breezes. 8. That the City Planner has considered, in connection with the housing proposed by this subdivision, the housing needs ofthe region, and balanced those housing needs against the public service needs ofthe City and available fiscal and environmental resources and the project will pay the appropriate housing in-lieu fee for the two new lots at the time that the individual parcels are developed with a single family home. 9. That the design ofthe 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 project site has been previously disturbed and is fully landscaped with non-native species, that the site will be fully surrounded by single-family residential development, and the site is not a part of a significant habitat preserve or corridor. MS 14-01 - BERCHTOLD MINOR SUBDIVISION March 12, 2015 Page 3 10. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that subdivision of the property into three parcels will not alter the existing drainage patterns and that future grading of the parcels will require the issuance of a grading permit and will be subject to the analysis and approval of water quality best management practices in accordance with the most recent regional water quality standards. 11. That the City Planner finds that the project, as conditioned herein, is in conformance with the City's General Plan in that the tentative parcel map will accommodate single-family residential development as designated in the General Plan at a density of 2.04 dwelling units per acre which is within the General Plan density range of 0-4 dwelling units per acre and below the growth management control point of 3.2 dwelling units per acre which would allow the development of 4.7 dwelling units on the property and therefore still consistent with the General Plan including the Housing Element. 12. Although the project is 1.7 dwelling units below the RNHA base of 4.7 dwelling units, other sites identified in the housing element are adequate to accommodate the city's share of the regional housing needs. 13. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, a. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permit. c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. 14. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 15. That the property cannot be served adequately with a public street without a panhandle lot due to unfavorable conditions resulting from unusual topography, surrounding land development, or lot configuration, in that Parcel 2 is located upslope from Parcel 1 which is adjacent to James Drive and requires a uniquely longer drive access. 16. That this subdivision with a panhandle lot will not preclude or adversely affect the ability to provide full public street access to other properties within the same block of the subject property, in that James Drive has been fully designed and existing and future homes on James Drive have full public street access. MS 14-01 - BERCHTOLD MINOR SUBDIVISION March 12, 2015 Page 4 17. That the buildable portion ofthe lot consists of 15,196 net square feet, which meets the requirements of Section 21.10.100(C) ofthe Carlsbad Municipal Code; 18. That the front, side, and rear property lines ofthe buildable lot, for purposes of determining required yards, are as shown on Exhibit "A" 19. That any panhandle lot hereby approved satisfies all the requirements of Section 21.10.100(D) ofthe Carlsbad Municipal Code. 20. The City Planner has reviewed each of the exactions imposed on the Developer contained in this resolution, 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 the degree of the exaction is in rough proportionality to the impact caused by the project. CONDITIONS; Note: Unless specifically stated in the condition, all ofthe 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. Planning 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Tentative Parcel Map. 2. Approval is granted for MS 14-01 as shown on Exhibit "A", dated March 12, 2015, on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Parcel Map (MS 14-01) documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 4. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 5. If any condition for construction of any public improvements or facilities, or the 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 Council determines that the project without the condition complies with all requirements of law. MS 14-01 - BERCHTOLD MINORSUBDIVISION March 12, 2015 Pages 6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 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 nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator'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. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 7. Developer shall submit to the Planning Division a reproducible 24" x 36," mylar copy of the Tentative Parcel Map reflecting the conditions approved by the final decision-making body. 8. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any applicable Coastal Commission approvals). 9. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Carlsbad School District that this project has satisfied its obligation to provide school facilities. 10. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 11. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 12. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Parcel Map. 13. At issuance of building permits for Parcel 2 and Parcel 3, or prior to the approval of a final map, the Developer shall pay to the City an inclusionary housing in-lieu fee as an individual fee on a per market rate dwelling unit basis for Parcel 2 and Parcel 3 in the amount in effect at the time, as established by City Council Resolution from time to time. 14. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping and irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum amount of water to the landscape for plant growth without causing soil erosion and runoff. M^S MS 14-01 - BERCHTOLD MlNOTf SUBDIVISION March 12, 2015 Page 6 15. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Division and accompanied by the project's building, improvement, and grading plans. 16. This approval shall be null and void if the project site subject to this approval is not annexed to City of Carlsbad CFD No. 1 within 60 days of the approval. The City shall not issue any grading, building, or other permit, until the annexation is completed. The City Manager is authorized to extend the 60 days, for a period not to exceed 90 days, upon a showing of good cause. 17. 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 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 18. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application, any change in the telecommunications provider, or any transfer in ownership ofthe site. 19. Prior to the recordation of the Final Parcel Map, Developer shall submit to the City a Notice of Restriction executed by the owner ofthe real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a{n) Tentative Parcel Map on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 20. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities District or other financing mechanism which is inconsistent with City Council Policy No. 38, by allowing a pass- through of the taxes or fees to individual home buyers, then in addition to any other disclosure required by law or Council policy, the Developer shall disclose to future owners in the project, to the maximum extent possible, the existence of the tax or fee, and that the school district is the taxing agency responsible for the financing mechanism. The form of notice is subject to the approval ofthe City Planner and shall at least include a handout and a sign inside the sales facility stating the fact of a potential pass-through of fees or taxes exists and where complete information regarding those fees or taxes can be obtained. 21. No development other than improvements necessary and desirable for the driveway access may be constructed within the 35 foot wide portion of Parcel 2. Engineering Unless specifically stated in the condition, all of the following conditions, upon the approval of this tentative parcel map, must be met priorto approval of a final parcel map. MS 14-01 - BERCHTOLD MINOFSUBDIVISION March 12, 2015 Page 7 22. 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 avaiiable until time of occupancy. 23. Developer shall submit to the city engineer a reproducible 24" x 36" photo mylar of the tentative parcel map and conceptual grading exhibit reflecting the conditions approved by the final decision- making body. The reproducible shall be submitted to the city engineer, reviewed, and, if acceptable, signed bythe city's project engineer and project planner priorto submittal ofthe building plans, parcel map, improvement plans, or grading plans, whichever occurs first. 24. Unless a standards variance has been issued, no variance from city standards is authorized by virtue of approval of this tentative parcel map. 25. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time building permits are issued. 26. 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. 27. 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) cit/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. 28. 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. Fees/Agreements 29. Developer is required to pay all required fees and deposits prior to approval of the final parcel map. 30. Developer shall pay the Planned Local Drainage Area Fee prior to approval of the final parcel map. 31. Developer shall pay or post security for park-in-lieu fees to the city priorto approval ofthe final parcel map as required by Chapter 20.44 ofthe Carlsbad Municipal Code. 32. 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. 11^5 MS 14-01 - BERCHTOLD MINCTR SUBDIVISION March 12, 2015 Page 8 33. 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. 34. 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 35. No grading is proposed with this application. Grading shown on the approved tentative parcel map is conceptual only. Grading permit requirements will be determined during the development of each lot. 36. 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. Improvements 37. Developer shall design all proposed improvements within the public right-of-way including but not limited to water services, sewer laterals and driveways as shown on the tentative parcel map. These improvements shall be shown as Construction Revision to an existing record public improvement drawing. a. 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. Non-Mapping Notes 38. Note(s) to the following effect(s) shall be placed on the final parcel map as non-mapping data: a. Developer shall design all proposed improvements within the public right-of-way including but not limited to water services, sewer laterals and driveways as shown on the tentative parcel map. These improvements shall be shown as Construction Revision to an existing record public improvement drawing. b. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. c. 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. MS 14-01 - BERCHTOLD MINORSUBDIVISION March 12, 2015 Page 9 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 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 ofthe drainage system or other improvements identified in the city approved development plans. e. 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 39. 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. 40. Priorto issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 41. Developer shall install potable water services and meters at locations approved by the district engineer. The locations ofsaid services shall be reflected on public improvement plans. 42. 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. Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 43. This tentative parcel map will expire twenty four (24) months from the date of the final approval notice issued by the city engineer. 44. 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. 45. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final parcel map as required by Chapter 20.44 of the Carlsbad Municipal Code. 46. Prior to the issuance of a building permit. Developer shall pay a Public Facility fee as required by Council Policy No. 17. 47. Prior to the issuance of a building permit. Developer shall pay the Local Facilities Management fee for Zone 1 as required by Carlsbad Municipal Code Section 21.90.050. 48. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 49. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. N^S MS 14-01 - BERCHTOLD MINOR SUBDIVISION March 12, 2015 Page 10 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. This decision may be appealed by you or any other member of the public to the Planning Commission within ten days ofthe date of this letter. Appeals must be submitted in writing to the Planning Division at 1635 Faraday Avenue in Carlsbad, along with a payment of $638.00. The filing of such appeal within such time limit shall stay the effective date of the order of the City Planner until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact the Project Planner, Christer Westman, at (760) 602-4614. Sincerely, CHRIS DeCERBO Principal Planner CD:CW:fn Don Neu, City Planner Chris DeCerbo, Principal Planner Christer Westman, Project Planner Tecla Levy, Project Engineer Gregory Ryan, Fire Prevention File Copy Data Entry DMS CITY OF V CARLSBAD Community & Economic Development FILE www.carlsbadca.gov NOTICE OF PREUMINARY DECISION ON TENTATIVE PARCEL MAP March 10, 2015 Mary Anne Viney 2796 James Drive Carlsbad, CA 92008 Case No.: Case Name: Applicant Name: MS 14-01 Berchtold Minor Subdivision Christopher Berchtold Per City of Carlsbad Municipal Code Section 20.24.115, the city is required to send this notice and the enclosed copy of the preliminary decision letter to all persons who requested to be heard in response to the Notice of Filing for this minor subdivision. After a final decision has been made on the project, you will also receive a notice and copy of that decision. If you have concerns or comments, you may request a review of this preliminary decision. Per Carlsbad Municipal Code Section 20.24.120, such request must be in writing and received bythe City Planner within 10 calendar days after the date of this preliminary decision. Following the completion of a requested review or if no request for review was made within the time prescribed, the City Planner will issue a final decision. If you have no remaining issues to discuss with us, there is no need to respond to this notice. However, if you have any questions or comments, please contact the project planner, Christer Westman, at (760) 602- 4614 or via email at christer.westman^carlsbadca.gov. Sincerely, CHRIS DECERBO Principal Planner CD:CW:fn Enclosure(s): Reduced Tentative Parcel Map exhibit Preliminary Decision Letter Planning Division 1635 Faraday Avenue. Carlsbad. CA 92008-7314 T 760-602-4600 F 760-602-8559 ® V (CARLSBAD " • Community & Economic Development www.carlsbadca.gov February 9, 2015 Dale Clark bHA, Inc. Suite L 5115 Avenida Encinas Carlsbad, CA 92008-4387 SUBJECT: MS 14-01 BERCHTOLD MINOR SUBDIVISION - CALIFORNIA ENVIRONMENTAL QUAUTY ACT (CEQA) APPUCABIUTY/PROCESS DETERMINATION This is to advise you that after reviewing the application for the project referenced above, the City has determined that the following environmental review process (pursuant to CEQA) will be required forthe project: The project is exempt from the provisions of CEQA, pursuant to CEQA Categorical Exemption for Minor Land Divisions Section 15315, No environmental review is required for the project. A Notice of Exemption will be filed after approval of the project with the San Diego County Clerk's Office which involves a filing fee. Please submit a check to the project planner in the amount of $50.00 made out to the San Diego County Clerk. The check should be submitted approximately one week prior to the City Planner decision date. For additional information related to this CEQA applicability/process determination, please contact the project planner, Christer Westman, at (760) 602-4614 orchrister.westman@carlsbadca.gov. Sincerely, DON NEU, AlCP City Planner DN:CW:fn c: Chris DeCerbo, Principal Planner Tecla Levy, Project Engineer File Copy Data Entry Planning Division 1635 Faraday Avenue, Carlsbad. CA 92008-7314 T 760-602-4600 F 760-602-8559 ® V (CARLSBAD riLC: Community & Economic Development www.carlsbadca.gov February 9, 2015 Dale Clark bHA, Inc. Suite L 5115 Avenida Encinas Carlsbad, CA 92008-4387 SUBJECT: MS 14-01 BERCHTOLD MINOR SUBDIVISION Dear Mr. Clark, Your project was deemed complete on February 20, 2014 and reviewed for issues after a resubmittal on January 25, 2015. There are minor issues of concern with the project that remain to be resolved. The issues are listed on the attached "redline" site plan. All issues will need to be resolved prior to approval of the minor subdivision. Please make the redline comment revisions and resubmit the plan for final approval. Please contact me at (760) 602-4614, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, CHRISTER WESTMAN, AlCP Senior Planner CW:fn Attachment c: Christopher Berchtold, 3154 Highland Drive, Carlsbad, CA 92008 Chris DeCerbo, Principal Planner Tecla Levy, Project Engineer Michele Masterson, Senior Management Analyst File Copy Data Entry Planning Division 1635 Faraday Avenue, Carlsbad. CA 92008-7314 T 760-602-4600 F 760-602-8559 ® MS 14-01-BERCHTOLD MINOR SUBDIVISION ISSUES OF CONCERN DATED 11/25/2014 W.O. 972-1293-400 January 21,2015 ENGINEERING; 1. Revise the typical street section of James Drive to match the cross-sections shown in DWG 480-4 of CT 12-07. Specify station numbers where the cross-section varies from 20 feet to 17 feet. • Typical street-sections/stations for James Drive and Frazier Drive are provided on revised MS 14-01 2. Show dimensions (bearings and distances) of proposed property boundary along James Drive per ADJ 13-03. • Bearings and Distances for proposed ADJ 13-03 are provided on revised MS 14- 01. 3. Revise the location of the proposed driveway for Parcel 3 to avoid conflict with the bio-infiltration BMP along James Drive. Coordinate with Valley 17 project to provide adequate driveway for Parcel 3. • Driveway for Parcel 3 (now parcel 2) has been revised and coordination with City Engineering/Valley 17 has occurred to provide adequate driveway. 4. Revise the location of the proposed driveway for Parcel 2 to match driveway shown in DWG 480-4. • Driveway for Parcel 2 (now parcel 1) has been revised to match location of driveway shown in DWG 480-4. 5. Show the drainage ditch at the toe of the proposed slope in Parcel 2, along property line to prevent cross-lot drainage (see red-lined comments on the plans). Provide a minimum of 5.5 feet bench for the proposed drainage ditch. • A D-75 brow ditch along with a 5.5 foot bench has been added to the toe ofthe proposed slope on Parcel 2 (now parcel 1) as shown on revised MS 14-01. bhA , Inc. 6. Revise the preliminary drainage study to agree with revised tentative map. • Preliminary drainage study has been revised to reflect the most recent revisions to MS 14-01. 7. Please comply with all other comments shown on the red-lined Preliminary Site Plan and Conceptual Grading Exhibit. • All applicable comments on Conceptual Grading Exhibit have been addressed as shown on said Exhibit RESUBMITTAL: 8. Please submit the following documents in the next review submittal: a) One (1) copy of the revised Preliminary Site Plan. • (see attached 4 copies as instructed in City "cover letter") issues of concem - Ist.misc bhA , Inc. CITY OF f=H FILE V (CARLSBAD -JriL*- Community & Economic Development www.carlsbadca.gov November 25, 2014 Dale Clark BHA, Inc. Suite L 5115 Avenida Encinas Carlsbad, CA 92008-4387 SUBJECT: MS 14-01 - BERCHTOLD MINOR SUBDIVISION Dear Mr. Clark, Your project was deemed complete on February 20, 2014. There are issues of concern with the project that remain to be resolved. The issues are listed on the attached page(s). All issues will need to be resolved prior to scheduling the project for a public hearing. Please contact me at (760) 602-4614, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, CHRISTER WESTMAN, AlCP Senior Planner CW:fn c: Christopher Berchtold, 3154 Highland Drive, Carlsbad, CA 92008 Chris DeCerbo, Principal Planner Tecla Levy, Project Engineer Michele Masterson, Senior Management Analyst File Copy Data Entry k Planning Division 1635 Faraday Avenue. Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © 11^: MS 14-01 - BERCHTOLD MiNUR SUBDIVISION ^ November 25, 2014 Page 2 ISSUES OF CONCERN Engineering: 1. Revise the typical street section of James Drive to match the cross-sections shown in DWG 480-4 of CT 12-07. Specify station numbers where the cross-section varies from 20 feet to 17 feet. 2. Show dimensions (distances and bearings) of the proposed property boundary along James Drive per ADJ 13-03. 3. Revise the location of the proposed driveway for Parcel 3 to avoid conflict with the bio-infiltration BMP along James Drive. Coordinate with Valley 17 project to provide adequate driveway for Parcel 3. 4. Revise the location of the proposed driveway for Parcel 2 to match the driveway shown in DWG 480-4. 5. Show a drainage ditch at the toe of the proposed slope in Parcel 2, along the property line to prevent cross-lot drainage (see red-lined comments on the plans). Provide a minimum of 5.5 feet bench forthe proposed drainage ditch. 6. Revise the preliminary drainage report to agree with the revised tentative map. 7. Please comply with all other comments shown on the red-lined preliminary site plan and conceptual grading exhibit. Resubmittal: 8. Please submit the following documents in the next review submittal: a. 1 copy ofthe revised preliminary site plan ^ ^ ROD BRADLEY, Urban Planner land planning, civil engineering, surveying RONALD L HOLLOWAY, Civil Engineer November 10, 2014 W.O. 972-1293-400 Mr. Christer Westman Planning Division CITY OF CARLSBAD 1635 Faraday Avenue Carlsbad, CA 92008-7314 RE: 1^' REVIEW LETTER DATED FEBRUARY 20,2014 - MS 14-01 BERCHTOLD MINOR SUBDIVISION Dear Mr. Westman: Pursuant to your letter dated February 20, 2014, we are providing the following information as requested, Attached please find the following: Four (4) complete sets of the development plan (MS and Conceptual Grading Exhibit) One (1) copy of City review letter dated February 20, 2014 Responses to Issues of Concern Redlines of Tentative Map RedHnes of Conceptual Grading Exhibit We are in hopes that this submittal will fully respond to your request. If not, please contact me, so we may respond accordingly. Sincerely, bh^, Inc. Dale J. Clark, LSIT Project Manager DJC:dc Attachment 2"" review.ltr 5115 Avenida Encinas, Suite L o Carlsbad, California 92008-4387 o (760)931-8700 o FAX (760) 931-7780 MS 14-01-BERCHTOLD MINOR SUBDIVISION ISSUES OF CONCERN DATED 02/20/2014 W.O. 972-1293-400 November 10,2014 PLANNING; 1. Relocate the Parcel 1 rear property line to provide a 20-foot setback from the rear of the existing structure. • A 20-foot setback is now provided as shown on revised MS 14-01 2. Front, side, and rear setbacks must be established for panhandle lots and must be shown on the map creating the panhandle lots (Lots 2 and 3). • Panhandle lot setbacks are now provided as shown on revised MS 14-01 ENGINEERING; 1. Add a note on the Site Plan indicating that CT 12-07 shall be recorded and James Drive Extension improvements shown in DWG 480-4 of CT 12-07 shall be completed or secured for prior to the recordation of this Parcel Map, MS 14-01. • A note stating required info as noted above is now provided as shown on revised MS 14-01 2. Revise the typical street sections of James Drive and James Drive Extension to match the cross-sections shown in DWG 480-4 of CT 12-07. • Typical street-sections for James Drive and proposed extension as now provided as shown on revised MS 14-01 3. On the Site Plan, clearly delineate and dimension the public right-of-way for James Drive extension. Delineate street improvements including curb and gutter and sidewalk using symbols. • James Drive public right-of-way and improvements (existing and proposed) are now shown on revised MS 14-01 ., inc, 4. Revise Parcel 2 lot width to comply with the required minimum width of 75-feet per CMC 21.10.100(A)2. If Parcel 2 is intended to be a panhandle lot, revise to comply with the minimum/maximum required panhandle width of 20/35 feet per CMC 21.08.07(4). • TPM has been revised to (3) three parcels and Parcel 2 is now a panhandle lot with a 35 foot frontage width on the handle as shown on revised MS 14-01 5. The existing structure labeled "to remain" on the Site Plan is located within required 20-feet panhandle access and does not comply with CMC 21.08.07(8). In addition, the structure does not comply with CMC 21.08.07(8). In addition, the structure does not comply with setback requirements per CMC 21.10.06 and CMC 21.10.07. Please revise to indicate that the structure is to be removed. • The above noted request is no longer applicable due to the revision made to the parcel layout removing the original panhandle lot from the design as shown on revised MS 14-01 6. Show the water main along James Drive Extension as shown on DWG 480-4 for CT 12-07. CT 12-07 is relocating a portion of the easting water main along the eastern boundary of the proposed Parcels 3 and 4. Revise the locations of the proposed water services and connection points accordingly. • New water main per DWG 480-4 for CT 12-07 and revised locations for water service connections for Parcel 2&3 are now shown on revised MS 14-01 7. Please comply with Engineering Standard Volume 3, Chapter 1, GS-14 for the required slope setback from the property line (3.5 feet minimum). Provide multiple cross-sections to demonstrate differences in grade at locations indicated on the red- lined Site Plan. Show V contour elevations on the conceptual slopes. • Setbacks have been revised as noted above, multiple cross-sections have been created and 1' contour elevations have been added to the conceptual slopes as shown on revised MS 14-01 8. Meet with the Fire Department to identify the necessary fire protection measures required for this project (access, fire hydrants, sprinkler system, etc.). Existing fire hydrants are located on Highland Drive 105'from southerly property comer and 220' from the westerly property comer as well as on James Drive 56' from the easterly property comer as shown on revised MS 14-01 bhA , Inc, 9. Show all existing easements identified in the title report. • All existing easements identified in the title report are now shown on revised MS 14-01 10. Indicate the line-of-site at all driveway/street intersections using Caltrans Guidelines (corner sight distance). Verify no conflicts exist. • Since there is only (1) one parcel on Highland Drive with an existing home/driveway only one line-of-site limit line should be required and has been added on the proposed panhandle lot driveway on James Drive as shown on revised MS 14-01 11. Show dimensions (distances and bearings) of the property boundary on Sheet 2 of the Site Plan. • Distances and bearings of the property boundary are now shown on Conceptual Grading Exhibit (sheet 2) for revised MS 14-01 12. Please comply with all other comments shown on the red-lined Preliminary Site Plan and Conceptual Grading Exhibit. • All applicable comments on Conceptual Grading Exhibit have been addressed as shown on said Exhibit RESUBMITTAL; 13. Please submit the following documents in the next review submittal: a) One (1) copy of the revised Preliminary Site Plan. • (see attached 4 copies as instmcted in City "cover letter") issues of concern - Ist.misc bhA Inc, <%c,Tvo/^ aFLE V (CARLSBAD Community 8t Economic Development www.carlsbadca.gov February 10, 2014 BHA, Inc. Attn: Rod Bradley 5115 Avenida Encinas, Suite L Carlsbad CA 92008-4387 SUBJECT: 1st REVIEW FOR MS 14-01 - BERCHTOLD MINOR SUBDIVISION Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed your Minor Subdivision, application no. MS 14-01, as to its completeness for processing. The application is complete, as submitted. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. The City may, in the course of processing the application, request that you clarify, amplify, correct, or otherwise supplement the basic information required for the application. In addition, you should also be aware that various design issues may exist. These issues must be addressed before this application can be scheduled for a hearing. The Planning Division will begin processing your application as of the date of this communication. At this time, the City asl<s that you provide FOUR (4) complete sets of the development plans so that the project can continue to be reviewed. The Citv will complete the review of vour resubmittal within 25 davs. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Christer Westman, at (760) 602-4614, to discuss or to schedule a meeting to discuss your application and to completely understand this letter. You may also contact each commenting department individually as follows: • Land Development Engineering Division: Tecla Levy, Associate Engineer, at (760) 602-2733. • Fire Department: Gregory Ryan, Fire Inspections, at (760) 602-4661. Sincerely CHRIS DeCERBO "Principal Planner CD:CW:sm c: Christopher Berchtold, 3154 Highland Drive, Carlsbad, CA 92008 Don Neu, City Planner Tecla Levy, Project Engineer Chris DeCerbo, Principal Planner Michele Masterson, Senior Management Analyst File Copy Data Entry Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © .MS44|01 - BERCHTOLD M^^R SUBDIVISION i^¥«|2014 Page 2 ISSUES OF CONCERN The following items must be adequately addressed with the next submittal: Planning: 1. Relocate the Parcel 1 rear property line to provide a 20 foot setback from the rear of the existing structure. 2. Front, side, and rear setbacks must be established for panhandle lots and must be shown on the map creating the panhandle lots (Lots 2 and 3). Engineering: 1. Add a note on the site plan indicating that CT 12-07 shall be recorded and James Drive Extension improvements shown in DWG 480-4 of CT 12-07 shall be completed or secured for prior to the recordation of this parcel map, MS 14-01. 2. Revise the typical street sections of James Drive and James Drive Extension to match the cross-sections shown in DWG 480-4 of CT 12-07. 3. On the site plan, clearly delineate and dimension the public right-of-way for James Drive extension. Delineate street improvements including curb and gutter and sidewalk using symbols. 4. Revise Parcel 2 lot width to comply with the required minimum width of 75 feet per CMC 21.10.100(A)2. If Parcel 2 is intended to be a panhandle lot, revise to comply with the minimum/maximum required panhandle width of 20/35 feet per CMC 21.08.07(4). 5. The existing structure labeled "to remain" on the site plan is located within required 20 feet panhandle access and does not comply with CMC 21.08.07(8). In addition, the structure does not comply with setback requirements per CMC 21.10.06 and CMC 21.10.07. Please revise to indicate that the structure is to be removed. 6. Show the water main along James Drive Extension as shown on DWG 480-4 of CT 12-07. CT 12-07 is relocating a portion of the existing water main along the eastern boundary of the proposed Parcels 3 and 4. Revise the locations ofthe proposed water services and connection points accordingly. 7. Please comply with engineering standard Volume 3, Chapter 1, GS-14 for the required slope setback from the property line (3.5 feet minimum). Provide multiple cross-sections to demonstrate differences in grade at locations indicated on the red-lined site plan. Show 'I' contour elevations on the conceptual slopes. 8. Meet with the Fire Department to identify the necessary fire protection measures required for this project (access, fire hydrants, sprinkler systems, etc.). 9. Show all existing easements identified in the title report. 10. Indicate the line-of-sight at all driveway /street intersections using Caltrans guidelines (corner sight distance). Verify no conflicts exist. 11. Show dimensions (distances and bearings) of the property boundary on sheet 2 of the site plan. 42. Please comply with all other comments shown on the red-lined preliminary site plan and conceptual grading exhibit. Resubmittal: 13. Piease submit the following documents in the next review submittal: a. 1 copy of the revised preliminary site plan