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HomeMy WebLinkAboutHDP 96-10; Cade Tentative Parcel Map; Hillside Development Permit (HDP) (5)MR. STEVEN CADE & MAUREEN CADE, TRUSTEES February 3, 1997 C/O SOWARDS AND BROWN ENGINEERING, INC. 2187 NEWCASTLE AVE. SUITE 103 CARDIFF BY THE SEA, CA. 92007 PROPOSED MINOR SUBDIVISION NO. 96-01 A preliminary decision has been made, pursuant to Section 20.24.120 of the City of Carlsbad Municipal Code, to approve the tentative parcel map of the proposed minor subdivision subject to conditions that follow in this letter. 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 Approval of MS 96-01 includes the approval of ESV 96-01 to delete sidewalk requirements along the west side of Cove Drive and to reduce parkway dedication requirements from 7' to 5' behind the proposed curb. 1. Prior to issuance of any building permit, the developer shall comply with the requirements. of the City's anti-graffiti program for wall treatments if and when such a program is formerly established by the City. 2. The parcel map shall comply with the Planning Department memorandum for Minor Subdivision No. 96 - 01 , dated Januarv 30, 1997 (Attached Hereto). 3. The parcel map shall comply with the Planning Department memorandum for Hillside Development Permit No. 96-10, dated Januarv 30. 1997 (Attached Hereto). 4. The developer shall provide the City with the approved tentative parcel map. The map shall be to scale on a reproducible 24" x 36" Xerox mylar or photo mylar. It shall reflect the conditions of approval by the City. The reproducible shall be submitted to the City Engineer, reviewed and signed by the City's project engineer and project planner prior to submittal of the building plans, final map, improvement or grading plans, whichever occurs first. Prior to parcel map approval the developer shall obtain approval of and record a Certificate of compliance for Adjustment Plat # 492. 2075 Las Palmas Dr. Carlsbad, CA 92009-1576 (61 9) 438-1161 - FAX (619) 438-0894 e3 5. The developer shall submit proof of a Coastal Development Permit signed and acknowledged by the developer. 6. The developer shall defend, indemnify and hold harmless the City and its agents, officers, and employees from any claim, action or proceeding against the City or its agents, officers, or employees to attack, set aside, void or null an approval of the City, the Planning Commission or City Engineer which has been brought against the City within the time period provided for by Section 66499.37 of the Subdivision Map Act. 7. The developer shall provide an acceptable means for maintaining the private easements within the subdivision and all the private: streets, sidewalks, street lights, storm drain facilities and sewer facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. Adequate provision for such maintenance shall be included in a recorded document subject to the approval of the City Engineer. FeedAureements 8. The developer shall pay all current fees and deposits required. 9. The owner shall record a deed restriction on the property which relates to the proposed cross lot drainage shown on the tentative map (lots 1, 2, 8 lot 9 of Adjustment Plat #492). The deed restriction document shall be in a form acceptable to the City Engineer and shall: A. clearly delineate the limits of the drainage course; B. state that the drainage course is to be maintained in perpetuity by the underlying property owner; and C. that all future use of the property along the drainage course will not restrict, impede, divert or otherwise alter drainage flows in a manner that will result in damage to the underlying and adjacent properties or the creation of a public nuisance. 10. The owner of the subject property shall execute an agreement holding the City harmless regarding drainage across the adjacent property(s). 11. Prior to approval of any grading or building permits for this project, the owner shall give written consent to 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 on a form provided by the City. Gradinq 12. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer 0 Page2 shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. 13. No grading for private improvements shall occur outside the limits of the subdivision unless a grading or slope easement or agreement is obtained from the owners of the affected properties and recorded. If the developer is unable to obtain the grading or slope easement, or agreement, no grading permit will be issued. In that case the developer must either amend the tentative map or modify the plans so grading will not occur outside the project site in a manner which substantially conforms to the approved tentative map as determined by the City Engineer and Planning Director. 14. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for this project appears to be required. the developer must submit and receive approval for grading plans in accordance with city codes and standards prior to issuance of a building permit for the project. Dedicationdlmarovements 15. 16. 17. 18. The owner shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the tentative map. The offer shall be made by a certificate on the final map for this project. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that already public are not required to be rededicated. Additional drainage easements may be required. Drainage structures shall be provided or installed prior to or concurrent with any grading or building permit as may be required by the City Engineer. Drainage outfall end treatments for any drainage outlets where a direct access road for maintenance purposes is not provided, shall be designed and incorporated into the grading/improvement plans for the project. These end treatments shall be designed so as to prevent vegetation growth from obstructing the pipe outfall. Designs could consist of a modified outlet headwall consisting of an extended concrete spillway section with longitudinal curbing and/or radially designed rip-rap, or other means deemed appropriate, as a method of preventing vegetation growth directly in front of the pipe outlet, to the satisfaction of the Community Services Director and the City Engineer. The developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit. The developer shall provide best management practices as referenced in the "California Storm Water Best Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be approved by the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: Page 3 A. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 19. Plans, specifications and supporting documents for all improvements shall be prepared to the satisfaction of the City Engineer. The developer shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the tentative parcel map and the following improvements to City Standards to the satisfaction of the City Engineer: 1. Adam Street along the project frontage as shown on the tentative parcel map, including offsite transitions as required by the City Engineer. 2. Cove Drive along the project boundary as shown on the tentative parcel map, including offsite transitions as required by the City Engineer. 3. Storm Drainage improvements as shown on the tentative parcel map. 4. Modifications or additions to the existing sewer system including but Modified sewer access lid or rim to accommodate the sand volleyball court proposed over the sewer main. not limited to: 0 Modified sewer access lids or rims to accommodate the BBQ and the proposed landscaping over the sewer main. Relocation and possible rededication of sewer easement to a more convenient and accessible location as determined by CMWD. 0 Rip rap or flood-proof grading to protect access to City sewer and water easements. 0 Page4 0 Removal or reconstruction of the fence and gate system at Cove Drive to provide access to the existing sewer system. A list of the above shall be placed on an additional map sheet on the final map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above shall be constructed within 18 months of approval of the secured improvement agreement or such other time as provided in said agreement. Adams Street shall be dedicated by the owner along the subdivision frontage based on a centerline to right-of-way width of 30 feet in conformance with City of Carlsbad Resolution No. 89-412. The offer shall be made by a Certificate on the Parcel Map. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. Cove Drive shall be dedicated by the owner along the subdivision frontage based on a centerline to right-of-way width of 23 feet in conformance with City of Carlsbad Drawing # 134-9 and ESV 96-01. The offer shall be made by a Certificate on the Parcel Map. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. The owner shall grant a covenant of easement for Private access, utility, and drainage easement between Parcels 1 and 2 of the proposed subdivision and for Lot 9 of Map 2152 as shown on the tentative parcel map. The covenant of easement shall be shown and recording information called out on the parcel map. Direct access rights for all lots abutting Cove Drive shall be waived on the parcel map. Parcel Man Notes 24. Notes to the following effect shall be placed on the parcel map as non- mapping data: All improvements are private and are to be privately maintained with the exception of the following: 1. Adams Street 2. Cove Drive 3. The proposed Storm Drain that runs south from Adams Street, along the west side of this project. 4. The existing Sewer and Water facilities along Cove Drive and along the north shore of Agua Hedionda Lagoon. 5. The 25’ public access easement for a north shore trail as specified in Condition No. 8 of Planning Department 0 Page 5 ,- approval MS 96-01 , Dated January 30,1997. 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 use that may occur, on or adjacent to, this subdivision due to its design, construction, operation or maintenance. The hold harmless and indemnification agreements shall include the proposed encroachments over the existing sewer easement along the north shore of the Agua Hedionda Lagoon. Code Reminder 25. 26. 27. 28. The project is subject to all applicable provisions of local ordinances, including but not limited to the following: The tentative parcel map approval shall expire twenty-four (24) months from the date of the letter containing the final decision for tentative parcel map approval. The developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with the Carlsbad Municipal Code and the City Engineer. Some improvements shown on the tentative map and/or required by these conditions are located offsite on property which neither the City nor the owner has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The developer shall conform to Section 20.16.095 of the Carlsbad Municipal Code. The project is approved under the express condition the developer pay the additional public facilities fee in accordance with City Council Resolution No. 9169 adopted July 28, 1987 and as amended from time to time. The developer further agrees to pay any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code. The developer's written agreement to pay said fees is on file with the office of the City Clerk and is incorporated herein by this reference. If the fees are not paid, this application will not be consistent with the General Plan and approval for this project shall be void. SEWER AND WATER DISTRICT 29. The entire potable water system, reclaimed water system shall be evaluated in detail to insure that pressure and flow demands can be met. system and sewer adequate capacity, 30. The developer shall be responsible for all fees, deposits and charges which will be collected before and/or at the time of issuance of the building permit. The San Diego County Water Authority capacity 0 Page6 -. charge will be collected at the issuance of application for meter installation. 31. Sequentially, the Developers Engineer shall do the following: A. Meet with the City Fire Marshal and establish the fire protection requirements. Also obtain G.P.M. demand for domestic and irrigational needs from parties. B. Prepare a colored reclaimed water use area map and submit to the Planning Department for processing and approval. C. Prior to the preparation of sewer, water and reclaimed water improvement plans, a meeting must be scheduled with the District Engineer for review, comment and approval of the preliminary system layouts and usage’s (i.e. - GPM - EDU). 32. This project is approved upon the expressed condition that building permits will not be issued for development of the subject property unless the water district sewing the development determines that adequate water service and sewer facilities are available at the time of application for such water service and sewer permits will continue to be available until time of occupancy. This note shall be placed on the final map. The developer may request a review of the preliminary decision with the City Engineer in writing within ten (10) days of the date of this letter. Upon such written request the City Engineer shall arrange a time and place with the developer for such review. The City Engineer has reviewed each of the exactions imposed on the developer contained in these conditions of approval, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and degree of the exaction is in rough proportionality to the impact caused by the project. Robert J. Wojcik Principal Civil Engineer Land Use Review Division c: City Engineer Associate Planner, Ann Hysong 0 Page 7