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HomeMy WebLinkAboutMS 2018-0002; OAK AVENUE PARCEL MAP; Admin Decision Letter;.. . August 5, 2019 Ccityof Carlstiad John Strohminger Pacific Overland 635 Via Columbia Vista CA 92081-6338 SUBJECT: MS 2018-0002 (DEV2018-0048) -OAK AVENUE PARCEL MAP -Request for approval of Tentative Parcel Map MS 2018-0002 to subdivide an existing 0.50-acre parcel into two parcels with areas of 7,502 square feet and 14,580 square feet at 1391 Oak Avenue (APN 205-020-18-00) in the R-1 (One-Family Residential) 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. Strohminger, The City Planner has completed a review of the application for a Tentative Parcel Map located at 1391 Oak Avenue. The existing parcel contains one single-family home. The subdivision will create two residentially-zoned parcels with the existing single-family home to remain on-site. A single-family home will be constructed on the remaining parcel under the current R-1 zoning designation. The City Planner has made a 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. Findings: 1. 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 R-4, Residential 0-4 dwelling units per acre, General Plan Land Use designation allows for single-family homes on individual lots. The parcels being created satisfy all minimum requirements of Carlsbad Municipal Code Titles 20 and 21 regarding lot sizes and configuration and have been designed to comply with all applicable city regulations. 2. That the proposed project is compatible with the surrounding future land uses since the adjacent properties to the north, east, south and west are also designated for Residential at 0-4 dwelling units per acre in the General Plan, and the subject property is bordered by existing single-family homes to the north, east, south and west. The two-lot subdivision will provide for one single-family home per lot consistent with the R-1 zone. Community & Economic Development Planning Division J 1635 Faraday Avenue Carlsbad, CA 92008-7314 J 760-602-4600 J 760-602-8560 f J www.carlsbadca.gov MS 2018-0002 (DEV2018-0048)-OAK AVENUE PARCEL MAP August 5, 2019 Page 2 3. 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 the proposed subdivision meets all development standards and design criteria required by the R-1 zone for the creation of one standard lot and one panhandle lot, including but not limited to requirement for access, minimum lot size, lot width, lot coverage and setbacks. 4. 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 the developer will delineate and preserve on the tentative parcel map all existing easements of record. 5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 {Williamson Act). 6. 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 the lots provide ample area to take advantage of prevailing breezes and allow for passive or natural solar heating and cooling opportunities for the future dwelling unit. 7. That the City Planner has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the City and available fiscal and environmental resources in that the lots can be adequately served by existing public services and the project has been conditioned to pay inclusionary housing in-lieu fees for one unit. 8. 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 proposed development site does not contain any significant habitat and no significant wildlife or habitat will be impacted by the project. 9. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in. that the project has been designed in accordance with Best Management Practices for water quality protection in accordance with the city's sewer and drainage standards and the project is conditioned to comply with the National Pollutant Discharge Elimination System (NPDES) requirements. 10. That the City Planner finds that the project, as conditioned herein, is in conformance with the City's General Plan in that the subject property is designated R-4 (0-4 dwelling units per acre) with a 3.2 du/ac Growth Management Control Point (GMCP). The property has a lot area of 0.50 acres and at the R-4 GMCP 1.6 dwelling units are allowed (1.6 dwelling units rounded up to 2 dwelling units). Therefore, the project's proposed two lots allowing one dwelling unit each are consistent with the R-4 Residential General Plan Land Use designation. No units will need to be withdrawn from the city's "Excess Dwelling Unit Bank". 11. 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 MS 2018-0002 (DEV2018-0048)-OAK AVENUE PARCEL MAP August 5, 2019 Page 3 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. 12. That the property cannot be served adequately with a public street without panhandle lots due to unfavorable conditions resulting from unusual topography, surrounding land development, or lot configuration, in that due to the narrow configuration (100 feet wide) and considerable depth (221 feet deep) of the existing lot and the fact that it is surrounded by existing subdivided and developed properties, the subdivision of the property into two lots, as the General Plan allows, is feasible only if a panhandle lot is proposed. 13. That the project's 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 the "handle" (i.e. 20-foot-wide panhandle) with a 12-foot-wide driveway is within the boundaries of the subject property and extends to Oak Avenue as required by Section 21.10.100 of the Carlsbad Municipal Code. In addition, the proposed panhandle lot does not include access easements that are located on adjacent properties and all adjacent properties currently have direct access to a public street. 14. That the buildable portion of the lot consists of a minimum of 8,000 square feet, which meets the requirements of Section 21.10.lOO(C) of the Carlsbad Municipal Code; 15. That the front, side, and rear property lines of the buildable lot, for purposes of determining required yards, are as shown on Exhibit "A." 16. That any panhandle lot hereby approved satisfies all the requirements of Section 21.10.100(0) of the Carlsbad Municipal Code in that the lot, as demonstrated on the project exhibits, meets all development, dimensional, and area standards, and has sufficient area to meet all requirements regarding adequate parking and vehicle maneuvering, drainage, driveway width, and lot frontage. 17. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 18. That the City Planner has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15315 (Minor Land Division) of the State CEQA Guidelines and will not have any adverse significant impact on the environment in that the property is in an urbanized area, zoned for residential; is being subdivided into four or fewer parcels, no variances are needed for the subdivision; all services for the parcels are available; the parcel was not part of a larger subdivision within the last two years; and the parcel does not have an average slope greater than 20 percent. , MS 2018-0002 (DEV2018-0048)-OAK AVENUE PARCEL MAP August 5, 2019 Page4 19. 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. 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 2018-0002 as shown on Exhibit "A", dated July 25, 2019, 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 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 C_ity 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 MS 2018-0002 (DEV2018-0048)-OAK AVENUE PARCEL MAP August 5, 2019 Pa e 5 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. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 8. 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. 9. 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. 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 Map 11. At issuance of building permits, or prior to the approval of a final map and/or issuance of certificate of compliance for the conversion of existing apartments to air-space condominiums, the Developer shall pay to the City an inclusionary housing in-lieu fee for one (1) unit as an individual fee on a per market rate dwelling unit basis 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 CFO #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. 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 amoun~ of water to the landscape for plant growth without causing soil erosion and runoff. ------------------.. -----·--·----· ---- MS 2018-0002 (DEV2018-0048)-OAK AVENUE PARCEL MAP August 5, 2019 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. Prior to the issuance of the final 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(n) Tentative Parcel Map on the real property owned by owner/applicant. 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. 17. 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. Engineering 18. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. 19. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the district engineer has determined that adequate water and sewer facilities are available at the time of permit issuance and will continue to be available until time of occupancy. 20. Developer shall prepare, submit and process for city engineer approval a final map to subdivide this project. There shall be one Final Map recorded for this project. Developer shall pay the city standard map review plan check fees. 21. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. The property owner shall maintain this condition. Fees/ Agreements 22. 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 2018-0002 (DEV2018-0048) -OAK AVENUE PARCEL MAP August 5, 2019 Pa e 7 23. Developer shall cause property owner to execute and submit to the city _engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 24. 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 Oak Avenue along the property frontage for a half street width of 40-feet. Public improvements shall include but are not limited to paving, base, sidewalks, curbs and gutters, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights and reclaimed water. 25. Developer shall cause owner to execute, for recordation, a city standard Local Improvement District Agreement to pay fair share contributions for undergrounding of all existing overhead utilities and installation of street lights, as needed, along the subdivision frontage, should a future district be formed. Grading 26. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports as required by city engineer, post security and pay all applicable grading plan review and permit fees per the city's latest fee schedule. 27. Prior to issuance of the grading permit, the contractor shall submit a Construction Plan to the city engineer for review and approval. Said Plan may be required to include, but not be limited to, identifying the location of the construction trailer, material staging, bathroom facilities, parking of construction vehicles, employee parking, construction fencing and gates, obtaining any necessary permission for off-site encroachment, addressing pedestrian safety, and identifying time restrictions for various construction activities. Storm Water Quality 28. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution 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. 29. Developer shall complete and submit to the city engineer a Determination of Project's SWPPP Tier Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer shall also submit the appropriate Tier Level Storm Water Compliance form and appropriate Tier Level Storm Water Pollution Prevention Plan (SWPPP) to the satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 30. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc) incorporate all source control, site design, pollutant control BMP MS 2018-0002 (DEV2018-0048) -OAK AVENUE PARCEL MAP August 5, 2019 Page 8 and applicable hydromodification measures. 31. Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form. Developer is responsible to ensure that all final design plans, grading plans, and building plans incorporate applicable best management practices (BMPs). These BMPs include site design, source control and Low Impact Design (LID) measures including, but not limited to, minimizing the use of impervious area (paving), routing run-off from impervious area to pervious/landscape areas, preventing illicit discharges into the storm drain and adding storm drain stenciling or signage all to the satisfaction of the city engineer. Dedications/Improvements 32. Developer shall design the private drainage systems, as shown on the tentative map to the satisfaction of the city engineer. All private drainage systems (12" diameter storm drain and larger) shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. 33. Developer shall design all proposed public improvements including but not limited to (sewer laterals, driveways, sidewalk, water services/meters, curb drains, etc.) as shown on the tentative map. These improvements shall be shown on one of the following, subject to city engineer approval: A. Gra.ding plans processed in conjunction with this project; or B. Construction Revision to an existing record public improvement drawing Developer shall pay plan check and inspection fees using improvement valuations in accordance with the city's curren~ fee schedule. Developer shall apply for and obtain a right-of-way permit prior to performing work in the city right-of-way. Developer shall prepare a separate construction bond estimate for the public improvements shown on the grading plans and a separate subdivision improvement agreement shall be processed for these improvements. Non-Mapping Notes 34. Add the following notes to the final map as non-mapping data: A. Developer has executed a city standard subdivision Improvement Agreement and has posted security in accordance with C.M.C. Section 20.16.070 to install public improvements shown on the tentative map. These improvements include, but are not limited to: driveway, water service and meter, sewer lateral, sewer main. 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. Geotechnical Caution: 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. · MS 2018-0002 {DEV2018-0048}-OAK AVENUE PARCEL MAP August 5, 2019 Page 9 D. 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. 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 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. F. There are no public park or recreational facilities to be located in whole or in part within this subdivision. The subdivider is therefore obligated to pay park-in-lieu fees in accordance with section 20.44.050 of the Carlsbad Municipal Code and has either paid all of said park in-lieu fees or agreed to pay all of said park-in-lieu fees in accordance with section 20.16.070 of the Carlsbad Municipal Code. Utilities 35. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the district engineer. 36. Developer shall install potable water and/or recycled water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public improvement plans. 37. The developer shall agree to 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: 38. Developer sh.all 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.· 39. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 40. 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. 41. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 42. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 17.04.060. MS 2018-0002 (DEV2018-0048)-OAK AVENUE PARCEL MAP August 5, 2019 Page 10 43. 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. 44. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the City of Carlsbad Municipal Code to the satisfaction of the city engineer. 45. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the tentative map are for planning purposes only. 46. Subdivider shall comply with Section 20.16.040(d) of the Carlsbad Municipal Code regarding the undergrounding of existing overhead utilities. MS 2018-0002 (DEV2018-0048)-OAK AVENUE PARCEL MAP August 5, 2019 Page 11 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 $876.00. 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, Chris Sexton, at 760-602-4631. Sincerely, 1e---·~. TERI DELCAMP Principal Planner TD:CS:mf c: Temujin and Summer Matsubara, 1391 Oak Ave., Carlsbad CA 92008 Don Neu, City Planner Tim Carroll, Project Engineer Randy Metz, Fire Prevention HPRM/File Copy Data Entry