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HomeMy WebLinkAboutMS 04-20; VENTANA REAL; Minor Subdivision (MS) (2)CITY OF CARLSBAD ENGINEERING DEPARTM''NT ENGINEERING PLAN CHECK C ipl l nil ) I I 1 I I W t N/A I n I 11 I >'> PROJECT NAME: Fox Miller Offsite Improvements DATE: 12/20/07 PROJECT DESCRIPTION: Median improvements on El Camino Real at College Blvd. at Salk Ave. and median improvements on E! Camino Real at College Blvd. PROJECT ADDRESS: NA_ LOT NO(S).: MAP NO.: APN(S).: 212-020-23 NUMBER OF LOTS: NUMBER OF ACRES: .03 MILES OF TRAILS; OWNER: Mailing Address: Phone Number: Fax Number: E-Mail: I certify that I am the legal owner and that all the above information is true and correct to the best of my knowledge. Signature: Date: APPLICANT: Mailing Address: Phone Number: Fax Number: E-Mail: Signature: Fenton Carlsbad Research Ctr LLC 7577 Mission Valley Road, Ste 200 San Diego, CA 92108 619-400-0134 619-400-0111 ajones@hgfenton.com Date: 12/20/07 SOILS ENGp*§ER: // CTDM. I' aVIL ENGINEER: Tim Birch FIRM: Hunsacker & Associates Mailing Address: 9707 Waples Street San Diego, CA 92121 Phone Number: 858-558-4500 Fax Number: 858-558-1414 E-Mail: TBirch@HunsakerSD.com FIRM: Mailing Address: Phone Number: Fax Number: E-Mail: State Registration Number: State Registration Number: ADDITIONAL COMMENTS: These are offsite improvements satisfying condition 12 of project MS 04-20. Venfana Real Minor Subdivision, per condition modification letter dated September 13, 2007 from the City of Carlsbad Engineering Department • iVallecitos IMPROVEMENT VALUATION X. What water district is the proposed project located in? (check one) QCarlsbad Munidpal Water District Qoilvenhain 2. If in the Carlsbad Municipal Water District, what is the total cost estimate, including the 15% contingency fee, for water and reclaimed water improvements, sewer {for Carisbad Municipal Water District only), street, public (median) landscape and irrigation, and drainage improvements (if applicable)? $ cut fill GRADING QUANTITIES . cy remedial cy import cy export cy SEE REVERSE SIDE H/OEVELOPMEMT SERVICES/MASTERS«ppficaSo)i far Engineering Ran Ohectc Revised <1S«W7 CITY OF CARLSB/U) - ENGINEERING DEPARTMENT APPLICATION ENGINEERING PLAN CHECK Complete all appropriate information. Write N/A wiien not applicable. APPLICATION FOR ( all that apply) FOR CITY USE ONLY APPLICATION FOR ( all that apply) PROJECT LD. DRAWING NUMBER DEPOSIT/FEES PAID COMMENTS p Adjustment Plat (ADJ) Q Certificate of Compliance (CE) Q Dedication of Easement (PR) Type: Q Dedication of Easement (PR) Type: Type: Type: Q Encroachment Permit (PR) Q Fina) Map (FM) • Grading Plancheck (DWG) Improvement Plancheck (DWG) p Parcel Map (PM) Q Quitclaim of Easement (PR) Type: Q Quitclaim of Easement (PR) Type: Type: Type: p Reversion to Acreage (RA) p Street Vacation (STV) p Tentative Parcel Map (MS) n Certificate of Con-ection (CCOR) p Covenant of Easement (PR) p Substantial Conformance Exhibit (SCE) p Trails Q<mile p> mile p Other r CCPTCD DYt-RECEIVED JAN 22 2008 \ ENGINEERING DEPARTMENT DATE STAMP APPLICATON RECEIVED H:/OEVeLOPMENT SERVICES/MASTERS/Applicalion for Engineering Plan Check Pags 2 Revised 05/01/07 CITY OF CARLSBAD - ENGINEERING DEPARTMENT APPLICATION ENGINEERING PLAN CHECK Complete all appropriate information. Write N/A when not applicable. PROJECT NAME: \/^/AAJA f^&iU.-. DATE: ^/^g/ 07 PROJECT DESCRIPTION: PROJECT ADDRESS: S/R^ ASj^ . ^7^00^ LOTNO(S).: l^CT 2- MAP NO.: /S^S^ APN(S).: Z/Z ~ 02^" Z^'^ NUMBER OF LOTS: NUMBER OF ACRES: ^ 78'^ MILES OF TRAILS: A//A ly ^ bailing Address: \'^'lSfc\\/i OWNER: a l'A3l^TV^^^T)\/^y^|t iMfl^l^PPLl^ Mailing Address Phone Number: (^C^ ) ^D'?-^Z^Z Fax Number: ^py - E-Mail: J^fUlS^eAU(^l^p^!^^Ar/auAC^ I certify that I am the legal owner and that all the above information is true an^^orrecS^tothe best of my knowledge. Signature: [j/lf/lllfi ^yj^W" 'I'l^^'^ Signature: _^ ]m\ (iVf>- Phone Number: Fax Number: E-Mail: /7(o6) to7- 4a^0> 12- SOILS ENGINE'S^ FIRM: (C^gP 2^Date: I'l^^ CIVIL ENGINMrW/Qgg^ K7 > J^CAAJAJ FIRM: pAt^Kj^n-S pLA/UAy/AJ<^ 'LtAi^ Mailing Address: /c^3^ .^^^MA^Q J)rL. SAAJ O 9'^2.7 Phone Number: /fe^T j 37^ -3<^<^ Fax Number: S7^ •• E-Mail: M^D^KK^T^TmS^fB- <<^ State Registration Number: /^CZ, Mailing Address: ^6 0 /%>VV/2Q^S , Phone Number: Fax Number: - C^S'^ E-Mail: State Registration Number: C^(^ ^^'^/ ADDFTIONAL COMMENTS: IMPROVEMENT VALUATION 1. What water district is the proposed project located in? (check one) QCarlsbad Municipal Water District Qoiivenhain 2. If in the Carlsbad Municipal Water District, what is the total cost estimate, including the 15% Qvallecitos , ..,.^w..«v, ...... ...^v... ^w.^. , ... 3 ... contingency fee, for water and reclaimed water improvements, sewer (for Carlsbad Municipal Water District only}, street, public (median) landscape and irrigation, and drainage improvements (if applicable)? $ cut cy cy GRADING QUANTITIES IfjjA remedial cy import cy export. cy SEE REVERSE SIDE H /DEVELOPMENT SERVICES/MASTERS/Applicalion for Engineering Plan Check Revised 05/01/07 ClTY^BpARLSBAD - ENGINEERING DEPARTN|^ APPLICATION ENGINEERING PLAN CHECK Complete all appropriate information. Write N/A when not applicable. APPLICATION FOR ( • all that apply) FOR CITY USE ONLY APPLICATION FOR ( • all that apply) PROJECT 1 DRAWING I.D. 1 NUMBER DEPOSrr/FEES PAID COMMENTS U Adjustment Plat (ADJ) n [] Certificate of Compliance (CE) n Q Dedication of Easement (PR) Type: n Q Dedication of Easement (PR) Type: n Type: n Type: n Q Encorachment Permit (PR) n • Final Map (FM) n • Grading Plancheck (DWG) n P Improvement Plancheck (DWG) n 0^ Parcel Map (PM) n n Quitclaim of Easement (PR) Type: n n Quitclaim of Easement (PR) Type: n Type: n Type: n Q Reversion to Acreage (RA) n • Street Vacation (STV) n • Tentative Parcel Map (MS) n Q Certificate of Correction (CCOR) n Q Covenant of Easement (PR) n Q Substantial Conformance Exhibit (SCE) n P Trails •<mile •> mile n n Other APPHCATION^«CCEPTED BY: RECEIVED SEP 2 8 2007 ENGINEERING DEPARTMENT DATE STAMP APPLICATON RECEIVED H /DEVELOPMENT SERVICES/MASTERS/Application for Engineering Plan Check Page 2 Revised 06/01/07 CITY OF CARLSBAD - ENGINEERING DEPARTMENT APPLICATION ENGINEERING PLAN CHECK Complete all appropriate information. Write N/A when not applicable. PROJECT NAME: K^A>r/4ft//4 f^eAL DATE: Z-IO-OC^P PROJECT DESCRIPTION: Tf PROJECT ADDRESS: ^Al^l^ A^eUU^, CMtL$$AP CA ^ZQO^ LOT N0(S).: _2 MAP NO.: APN(S).: ^I3.-C2JO.~Z3> NUMBER OF LOTS: NUMBER OF ACRES: OWNER: Mailing Address: Phone Number: Fax Number: E-Mail: Qi^ &r>7- fZ^^ I certify that I am the legal owner and that all the above information is true artd corcscLlo the best of my knowledge. Signature Date:^-y<g'^^^ APPLICANT: Mailing Address: Phone Number: Fax Number: E-Mail: Signature: y^,^yifff ^&<»>w^ate: 7Y^ '^^ SOILS ENGINEER: sJ/f/WB Bf^i^l^ FIRM: ^eoCcti I/J^£>l^fblCATlEp Mailing Address: B%C> Ft^tJp^fZS tffl CIVIL ENGINEER: /^A/p£^tv TCAi^f^ FIRM: yAiLfiUefiJ PLfijiONn^G ^QuiemriS Mailing Address: IS938 BtASBr^c^ t&6mCl^. SArJ Pie6£>. <zA 92izn Phone Number: jSfB) 31L - ,^4-f4 Fax Number: -^5 55 E-Mail: State Registration Number: 50^-^D Phone Number: Fax Number: E-Mail: state Registration Number: Z/ ADDITIONAL COMMENTS: IMPROVEMENT VALUATION 1. What water district is the proposed project located in? (check one) Qcarlsbad Municipal Water District Qoiivenhain Qvallecitos 2. If in the Carlsbad Municipal Water District, what is the total cost estimate, including the 15% contingency fee, for water and reclaimed water improvements, sewer (for Carlsbad Municipal Water District only), street, public (median) landscape and irrigation, and drainage improvements (if applicable)? $ cut cy cy GRADING QUANTITIES remedial cy import cy export. cy SEE REVERSE SIDE H:/DEVELOPMENT SERVICES/MASTERS/Application for Engineering Plan Check Revised 1/14/02 CIT^F CARLSBAD - ENGINEERING DEPAR^ APPLICATION NT ENGINEERING PLAN CHECK Complete all appropriate information. Write N/A when not applicable. APPLICATION FOR ( ^ all that apply) FOR CITY USE ONLY APPLICATION FOR ( ^ all that apply) PROJECT I.D. DRAWING NUMBER DEPOSIT/FEES PAID COMMENTS • Adjustment Plat (ADJ) [] Certificate of Compliance (CE) [] Dedication of Easement (PR) Type: [] Dedication of Easement (PR) Type: Type: Type: [] Encorachment Permit (PR) • Final Map (FM) [] Grading Plancheck (DWG) P Improvement Plancheck (DWG) • Parcel Map (PM) [] Quitclaim of Easement (PR) Type: [] Quitclaim of Easement (PR) Type: Type: Type: P Reversion to Acreage (RA) P Street Vacation (STV) P Tentative Parcel Map (MS) P Certificate of Correction (CCOR) P Covenant of Easement (PR) P Substantial Conformance Exhibit (SCE) P Other APPLICATION ACCEPTED BY: RECEIVED FEB 10 2006 ENGINEERING DEPARTMENT DATE STAMP APPLICATON RECEIVED H:/DEVELOPMENT SERVICES/MASTERS/Applicalion for Engineenng Plan Check Page 2 Revised 1/14/02 City of Carlsbad Public Works July 16, 2007 Newport National 1525 Faraday Ave. Suite 100 Carlsbad, CA 92008 MS 04-20, VENTANA REAL MINOR SUBDIVISION The City Engineer has made a preliminary decision, pursuant to Section 20.24.120 of the City of Carlsbad Municipal Code, to approve the Tentative Parcel Map of the subject minor subdivision, subject to the conditions listed below. NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed Tentative Parcel map, must be met prior to approval of a Parcel Map, building permit, or grading permit, whichever occurs first. General 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. This approval is granted subject to all conditions contained Planned Industrial Permit, PIP 04-03, approved by Planning Director on March 30, 2006. ' Developer shall submit to the City Engineer, a reproducible 24" x 36", mylar copy of the tentative map and a digital copy of said map (in AutoCAD format, latest version) reflecting the conditions approved by the final decision making body and any applicable coastal commission approvals. The reproducible shall be submitted to the City engineer, reviewed and, if acceptable, signed by the City's project engineer and project plaimer prior to submittal of the building plans, fmal map, improvement or grading plans, whichever occurs first. The digital file copy shall be submitted in a format as approved by the City Engineer. 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 Govemment 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. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-2730 • FAX (760) 602-8562 MS 04-20, Ventana Real Minor Subdivision July 16, 2007 Page 2 of5 Fees/Agreenaents 5. All fees and deposits shall be paid prior to approval of the Parcel Map. 6. 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 Disfrict No. 1 and/or to the formation or annexation into an additional Street Lighting and Landscaping Disfrict. Said written consent shall be on a form provided by the City Engineer. Grading 7. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit and the City's Standard Urban Storm Water Mitigation Plan (SUSMP). Developer shall provide improvements consfructed pursuant to best management practices as referenced in the "Califomia 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 submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: 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 sfreet, 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 freatments 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. Dedications/Improvements 8. Developer shall reserve on the Parcel Map, an easement for private sewer lateral purposes on Parcel 1 for the benefit of Parcel 2, as shown on the Tentative Parcel map, to the satisfaction of the City Engineer. 9. Developer shall cause the property owner to process, execute and submit to the City Engineer for recordation the City's standard deed restriction on the property which relates to the cross-lot drainage as shown on the Tentative Parcel Map. The deed restriction shall be in a form acceptable to the City Engineer and shall: a) Clearly delineate the limits of the drainage course; b) State the drainage course is to be maintained in perpetuity by the underlying property MS 04-20, Ventana Real Minor Subdivision July 16, 2007 Page 3 of 5 owner; and c) State 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 public nuisance. 2) Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other recorded document, for maintaining the private easements within the subdivision and all private improvements: paving, sidewalks, parking, street lights, stormwater quality treatment BMPs, and stormdrain facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. 10. Prior to issuance of building permits, grading permit or parcel map approval, whichever occurs first. Developer shall enter into a City standard Local Improvement District Agreement to pay fair share contributions for undergrounding of all existing overhead utilities and installation of sfreet lights, as needed, along the subdivision frontage, should a ftiture disfrict be formed. 11. Additional drainage easements may be required. Developer shall dedicate and provide or install drainage stmctures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit. 12. Developer shall execute a City standard Subdivision Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on the tentative map/site plan. These improvements include, but are not limited to paving, base, signing & striping, sidewalks, curbs and gutters, medians, grading, clearing and gmbbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, sfreet lights, pedesfrian ramps, drainage stmctures, best management practices for stormwater treatment, retaining walls and reclaimed water. Said improvements shall be installed to City Standards to the satisfaction of the City Engineer. More specifically, these improvements include the following mitigations presented in the Traffic Impact Analysis by Priority Engineering dated March 21,2007: A) Lengthen the northbound left turn lane on El Camino Real at College Boulevard intersection to five hundred feet. B) Construct a dual four hundred and fifty feet long westbound left turn lane on College Boulevard at Salk Avenue. A list ofthe above shall be placed on an additional map sheet on the Parcel Map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above shall be constmcted within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 13. Developer shall process an improvement plan for the required improvements per condition 13 (A) and (B) concurrent with the Parcel Map. Obtain improvement plan approval prior to recordation of the Parcel Map. MS 04-20, Ventana Real Minor Subdivision July 16, 2007 Page 4 of 5 14. Prior to issuance of Building Permit, the required improvements per condition 13 (A) and (B) above must be under construction and substantial progress has been made to the satisfaction ofthe City Engineer. Final Map Notes Add the following notes to the Parcel Map as non-mapping data. 15. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. 16. Geotechnical Caution: A) 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 constmction, operation or maintenance. Code Reminders A) Developer shall comply with all applicable provisions of federal, state and local laws and regulations in effect at the time the grading or building permit is issued. B) 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. C) The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the Tentative Parcel Map are for planning purposes only. 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. D) Developer shall exercise special care during the constmction phase of this project to prevent off-site siltation. Planting and erosion confrol measures shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. If any condition for constmction 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 Govemment Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Engineer determines that the Project without this condition complies with the requirements of the law. The applicant may request a review of the preliminary conditions within ten (10) days of the date of this approval. The request must b e submitted in writing to the City Engineer in accordance with Section 20.24.120 through 140 ofthe Carlsbad Municipal Code. The City Engineer has reviewed each of the exactions imposed on Developer contained in these MS 04-20, Ventana Real Minor Subdivision July 16, 2007 Page 5 of 5 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 exactions is in rough proportionality to the impact caused by the project. Sincerely, David A. Hauser Deputy City Engineer File John O'Donnell, Senior Civil Engineer Tecla Levy, Associate Engineer • Citv of Carlsbad Public Works Engineer! September 13, 2007 Newport National 1525 Faraday Ave. Suite 100 Carlsbad, CA 92008 MS 04-20, VENTANA REAL MINOR SUBDIVISION Whereas a review of the letter of preliminary approval was requested by the appropriate date; and whereas the a review was held on July 27, 2007; and whereas the requirements of the Califomia Environmental Quality Act and the City of Carlsbad Environmental Protection Ordinance of 1973 relating to the subject proposed parcel map have been examined by the Planning Director and declared to have a non-significant impact upon the environment; and whereas negative findings delineated by Section 20.24.130 of the Carlsbad Municipal Code have not been made; and whereas this minor subdivision is found to be in conformity with the General Plan of the City of Carlsbad; therefore, a final decision has been made to approve the subject tentative parcel map subject to the conditions set forth in the preliminary approval letter dated July 16, 2007 except as stated below: Conditions 13 and 14 shall be deleted and Condition 12 shall be modified as follows: 12. Developer shall execute a City standard Minor Subdivision Improvement Agreement to design and install and secure with appropriate security as provided by law improvements described in (A) and (B) below. These improvements include, but are not limited to paving, base, signing & striping, sidewalks, curbs and gutters, medians, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights, pedestrian ramps, drainage structures, best management practices for stormwater treatment, retaining walls and reclaimed water. Said improvements shall be installed to City Standards to the satisfaction of the City Engineer: A) Lengthen the westbound to southbound left turn lane on El Camino Real at College Boulevard intersection to five hundred feet. B) Construct a dual four hundred and fifty feet long southbound to eastbound left turn lane on College Boulevard at Salk Avenue. A list of the above shall be placed on an additional map sheet on the Parcel Map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above shall be completed within 24 months of approval of the Minor Subdivision or Development Improvement Agreement. In lieu of the developer executing a City standard Minor Subdivision Improvement Agreement for the improvements listed above, the developer may submit a City standard Development Improvement Agreement (together with appropriate security) executed by the developer of the Fox Miller Property CT 00-20 within which this development is included. It is the intent of the City that the Developer of MS 04-20 be obligated for a fair share contribution to the design and construction of the improvements described in (A) and (B) above. Prior to construction of the improvements, the Developer may request that the City establish a local benefit area and enter into a reimbursement agreement with Developer whereby the City will obtain fair share contributions for the design and construction of the above described improvements from the developers of adjacent projects located within the Council established area of benefit. Alternatively, the Developer may enter into private reimbursement agreement(s) with the adjacent developers for the construction of said improvements. David A. Hauser Deputy City Engineer c: File 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-2720 • FAX (760) 602-8562 City of Carlsbad Public Works July 16,2007 Newport National 1525 Faraday Ave. Suite 100 Carlsbad, CA 92008 MS 04-20, VENTANA REAL MINOR SUBDIVISION The City Engineer has made a preliminary decision, pursuant to Section 20.24.120 ofthe City ofCarlsbad Municipal Code, to approve the Tentative Parcel Map of the subject minor subdivision, subject to the conditions listed below. NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval ofthis proposed Tentative Parcel map, must be met prior to approval of a Parcel Map, building pennit, or grading permit, whichever occurs first. General fe; Prior to hauling dirt or construction materials to or from any proposed construction site within this eii*** project, Developer shall apply for and obtain approval from, the City Engineer for the proposed Qca. haul route. C^J This approval is granted subject to all conditions contained Planned Industrial Permit, PIP 04-03, approved by Planning Director on March 30,2006. Ini^ Developer shall submit to the City Engineer, a reproducible 24" x 36", mylar copy of the tentative map and a digital copy of said map (in AutoCAD format, latest version) reflecting the conditions i«iia«i approved by the final decision making body and any applicable coastal commission approvals. The reproducible shall be submitted to tlie City engineer, reviewed and, if acceptable, signed by the City's project engmeer and project planner prior to submittal of the building plans, final map, improvement or grading plans, whichever occurs first. The digital file copy shall be submitted in a format as approved by the City Engineer. p. • 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 f 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 Govemment 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. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-2730 • FAX (760) 602-8562 @ •-•J MS 04-20, Ventana Real Minor Subdivision July 16,2007 Page 2 of 5 Fees/Agreements 5. All fees and deposits shall bc paid prior to approval ofthe Parcel Map. 6. 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 addilional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the City Engineer. Grading 7. Developer shall comply wilh the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit and the City's Standard Urban Storm Water Mitigation Plan (SUSMP). Developer shall provide improvements constructed pursuant to best management practices as referenced in the "Califomia Stonn Water Best Management Practices Handbook" lo reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: 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 sfreet, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fimgicides, 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. Dedications/Tmprovements 8. Developer shall reserve on the Parcel Map, an easement for private sewer lateral purposes on Parcel 1 for the benefit of Parcel 2, as shown on the Tentative Parcel map, to the satisfaction of the City Engineer. 9. Developer shall cause the property owner to process, execute and submit to the City Engineer for recordation tbe City's standard deed restriction on the property which relates to the cross-lot drainage as shown on the Tentative Parcel Map. The deed restriction shall bc iu a form acceptable to the City Engineer and shall: a) Clearly delineate tbc limits ofthe drainage course; b) State the drainage course is to be maintained in perpetuity by tbe underiying property MS 04-20, Ventana Real Minor Subdivision July 16,2007 Page 3 of5 owner; and c) State that all future use of the property along the drainage course will not restrict, impede, divert or othenvise alter drainage flows in a manner that will result in damage to the underlying and adjacent propei'ties or the creation of public nuisance. 2) Developer shall provide to thie City Engineer, an acceptable means, CC&Rs and/or other recorded document, for maintaining the private easements within the subdivision and all private improvements: paving, sidewalks, parking, street lights, stormwater quality treatment BMPs, and stormdrain facilities located therein and fo distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. 10. Prior to issuance of building permits, grading permit or parcel map approval, whichever occurs first, Developer shall enter into 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 disfrict be formed. 11. Additional drainage easements may be required. Developer shall dedicate and provide or install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building pennit. 12. Developer shall execute a City standard Subdivision Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on the tentative map/site plan. These improvements include, but are not limited to paving, base, signing & striping, sidewalks, curbs and gutters, medians, grading, clearing and gmbbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights, pedestrian ramps, drainage structures, best management practices for stormwater treatment, retaining walls and reclaimed water. Said improvements shall be installed to City Standards to the satisfaction of the City Engineer. More specificaUy, these improvements include the following mitigations presented in the Traffic Impact Analysis by Priority Engineering dated March 21,2007: A) Lengthen the northbound left turn lane on £1 Camino Real at College Boulevard intersection to five hundred feet. B) Construct a dual four hundred and fifty feet long westbound left turn lane on College Boulevard at Salk Avenue. A list of the above shall bc placed on an additional map sheet on the Parcel Map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above shall bc consfructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 13. Developer shall process an improvement plan for the required improvements per condition 13 (A) and (B) concurrent with the Parcel Map. Obtain improvement plan approval prior to recordation of the Parcel Map. MS 04-20, Ventana Real Minor Subdivision July 16,2007 Page 4 of 5 14. Prior to issuance of Building Permit, the required improvements per condition 13 (A) and (B) above must bc under construcfion and substantial progress has been made to the satisfaction of the City Engineer. Final Man Notes Add the following notes to the Parcel Map as non-mapping data. 15. Building permits will not be issued for development of the subject property unless the appropriate agency detennines that sewer and water facilides arc available. 16. Geotechnical Caution: A) The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the Cily 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 consfruction, operation or maintenance. Code Reminders A) Developer shall comply with all applicable provisions of federal, state and local laws and regulations in effect at the time the grading or building permit is issued. B) The Tentative Parcel Map approval shall expire twenty-four (24) months from the date of tlie letter containing the final decision for Tentative Parcel Map approval. C) The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the Tentative Parcel Map are for planning purposes only. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City ofCarlsbad Municipal Code, respectively. D) Developer shall exercise special care during the construction phase of this project to prevent off-site siltation. Planting and erosion confrol measures shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. If any condition for constmction 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 detennined to bc invalid, this approval shall bc invalid unless the City Engineer determines that the Project without this condition complies with the requirements of ihe law. The applicant may request a review of the preliminary conditions within ten (10) days of the date of this approval. The request must b e submitted in writing to the City Engineer in accordance with Section 20.24.120 through 140 ofthe Carlsbad Municipal Code. The City Engineer has reviewed each of the exactions imposed on Developer contained in these MS 04-20, Ventana Real Minor Subdivision July 16,2007 Page 5 of 5 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 exactions is in rough proportionality to the impact caused by the project. Sincerely, —• David A. Hauser Deputy City Engineer File John O'Donnell, Senior Civil Engineer Tecla Levy, Associate Engineer Citv of Carlsbad Public Works Engineeri September 13, 2007 NOTICE OF APPROVAL OF TENTATIVE PARCEL MAP MINOR SUBDIVISION NO. MS 04-20 Notice is hereby given that a Tentative Parcel Map has been approved on property generally located at the corner of El Camino Real and Salk Avenue, and more particularly described as portion of Lot 2 of Carlsbad Tract No. 00-20 Fox-Miller Property, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 15253. filed in the Office of the County Recorder on January 30, 2006.. The project involved is described as a subdivision of a 9.78 acre lot into two industrial lots. APPLICANT: Newport National STATEMENT OF THE MATTER: Per City of Carlsbad Code Section 20.24.140(b) and the California Subdivision Map Act Section 66452.5(d) any interested person adversely affected by this decision of the City Engineer may appeal it to the City Council. An appeal to the City Council must be filed at the City Clerk's Office and the appeal fee amount listed in the most recent edition of the Carlsbad "Community Development Fees" schedule must be paid. The appeal must be filed with the City Clerk in writing within 10 days of the date of the final approval letter (Attached). If you wish to file an appeal, please contact the City Clerk's office in person. If you have any questions regarding this matter, please do not hesitate to contact Tecla Levy at (760) 602 2733. DAVID A. HAUSER Deputy City Engineer Attachment: reduced copy of the Tentative Parcel Map C: File, #3R Management Analyst, Planning 1635 Faraday Avenue • Carlsbad. CA 92008-7314 • (760) 602-2720 • FAX (760) 602-8562 ^ C • N 5 U LTI N G PROJECT PLAN REVIEW COMPLETION The following project plans have been reviewed and are recommended for approval: Project Name: Project No.: Dwg. No.: Sheets No.: Ventana Real Lot 2 MS 04-20 PM 04-20 1 - 5 OF 5 DECLARATION OF RESPONSIBLE CHARGE I hereby declare that I have exercised responsible charge over the plan review of this project as defined in Section 6703 of the Business and Professions Code to determine that the plans are found to be in substantial conformance with applicable codes and standards. Plan review of these project drawings does not relieve the Engineer of Work of the responsibilities for project design under state and local ordinances. Signed /^-^.//^Z^^ RCE 58089 Exp. 6/30/10 PLANNING DESIGN CDNSTRUCTION 9755 Clairemont Mesa Boulevard, San Diego, CA 92124-1324 • 858.614.5000 • Fax 858.614.5001 Offices located throughout California, Arizona & Nevada • ww/w. RBF.com printed on recvcled paper CONSULTING PROJECT PLAN REVIEW COMPLETION The following project plans have been reviewed and are recommended for approval: Project Name: Project No.: Dwg. No.: Sheets No.: Fox Miller Offsite Improvements MS 04-20 456-4 1 -13 OF 13 DECLARATION OF RESPONSIBLE CHARGE I hereby declare that I have exercised responsible charge over the plan review of this project as defined in Section 6703 of the Business and Professions Code to determine that the plans are found to be in substantial conformance with applicable codes and standards. Plan review of these project drawings does not relieve the Engineer of Work of the responsibilities for project design under state and local ordinances. Signed RCE 58089 ' Datfe Exp. 6/30/10 PLANNING DESIGN CDNBTRUCTION 9755 Clairemont Mesa Boulevard, San Diego, CA 92124-1324 • 858.614.5000 • Fax 858.614.5001 Offices located throughout California, Arizona & Nevada • vvww.RBFcom printed on recycled paper 2C926 DOC# 2006-0119212 Recording Requested By: RECORDED AT THE REQUEST OF- CHICAGO T5TLE COMRftNY SUBDIVISION DEPT. When Recorded, Return To: Susan M. Hawks McClintic, Esq. EPSTEN GRINNELL & HOWELL, APC 9980 Carroll Canyon Road, Second Floor San Diego, CA 92131 lllllllllllllllllllllllllllllllllllllll FEB 17,2006 4:59 PM OFFICIAL RECORDS .SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 173.00 PAGES; 5G 2006-0119212 For Recorder's Use DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF VENTANA A Planned Development Office Park SD 213588v4 Chicago Title Company Builders Services Division 2365 Northside Drive, Suite 500, San Diego, CA 92108 (619) 521-3400 PARCEL MAP GUARANTEE Order No: 73015043-U50 Dated as of: March 18, 2009 at 7:30 am Fee: $500.00 Parcel Map No: t/c CHICAGO TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES RECEIVED MAR 2 7 2009 ENGINEERING DEPARTMENT The County of San Diego and any City within which said subdivision is located in a sum not exceeding $1,000.00 that, according to those public records which, under the recording law, impart constructive notice of matters affecting the title to the land included within the exterior boundary shown on the map of the above referenced subdivision, the only parties having any record title interest in said land whose signatures are necessary, under the requirements of the Subdivision Map Act, on the certificates consenting to the recordation of said map and offering for dedication any streets, roads, avenues, and other easements offered for dedication by said map are set forth in Schedule A. Issuing Office: 2365 Northside Drive, Suite 500 SanDiego, CA92108 (619)521-3400 (619) 521-3605 Fax CHICAGO TITLE INSURANCE COMPANY President Secretary Authorized Signature CLTA Guarantee Form No. 23 Parcel Map Guarantee (10-26-95) Page 1 Order No.: 73015043-U50 SCHEDULE A The map hereinbefore referred to is a subdivision of: SEE ATTACHED DESCRIPTION The parties hereinbefore referred to are: OWNERS: Rio San Diego Plaza n Master, LLC, a Califomia limited liability company TRUST DEED HOLDERS: First Bank, a Missouri Banking corporation, beneficiary under Deed of Trust recorded December 21, 2007 as File No. 2007-0786122, Official Records. EASEMENT HOLDERS: 1. The signature of the City of Carlsbad, successor in interest to the County of San Diego, easement holder by deeds recorded January 3, 1938 in Book 727, Page 441; January 5, 1938 in Book 743, Page 64; August 21, 1940 in Book 1054, Page 360 and November 24, 1969 as Instrument No. 214743, all of Official Records, may be omitted if the name and the nature of their interest are stated on the Map and if not required by the goveming body in accordance with Section 66436, (a)3A(I-VIII) of the Subdivision Map Act, as their interest cannot ripen into a fee. 2. The signature of the City of Carlsbad, easement holder by deed recorded January 30, 2006 as File No. 2006-0067904, Official Records, may be omitted if the name and the nature of their interest are stated on the Map and if not required by the goveming body in accordance with Section 66436, (a)3A(I-VIII) of the Subdivision Map Act, as their interest cannot ripen into a fee. 3. The signature of Carlsbad Mutual Water District, easement holder by deed recorded January 30, 2006 as File No. 2006-0067905, Official Records, may be omitted if the name and the nature of their interest are stated on the Map and if not required by the goveming body in accordance with Section 66436, (a)3A(I-VIII) of the Subdivision Map Act, as their interest cannot ripen into a fee. 4. The City of Carlsbad, easement holder by a Dedication on Map No. 15253 recorded January 30, 2006. 5. The signature of San Diego Gas and Electric Company, easement holder by deeds recorded July 31, 2006 as File No. 2006-0538872 and Febmary 8, 2007 as File No. 2007-0089400, both of Official Records, may be omitted if the name and the nature of their interest are stated on the Map and if not required by the goveming body in accordance with Section 66436, (a)3A(I-VIII) of the Subdivision Map Act, as their interest cannot ripen into a fee. CLTA Guarantee Form No. 23 Parcel Map Guarantee (10-26-95) Page 2 Order No.: 73015043-U50 SCHEDULE A (continued) 6. The signature of Pacific Bell Telephone company, easement holder by deed recorded February 23, 2007 as File No. 2007-0124966, Official Records, may be omitted if the name and the nature of their interest are stated on the Map and if not required by the goveming body in accordance with Section 66436, (a)3A(I-VIII) of the Subdivision Map Act, as their interest cannot ripen into a fee. END OF SCIIEDULE A CLTA Guarantee Form No. 23 Parcel Map Guarantee (10-26-95) Page 3 Order No.: 73015043-U50 LEGAL DESCRIPTION LOT 2 OF CARLSBAD TRACT NO. 00-20 FOX-MILLER PROPERTY IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15253, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 30, 2006. END OF LEGAL DESCRIPTION CLTA Guarantee Form No. 23 Parcel Map Guarantee (10-26-95) Page 4 GVP Consultants PROJECT PLAN REVIEW COMPLETION The following project plans have been reviewed and are recommended for approval: Project Name: Project No.: Dwg. No.: Sheets No.: CRC LOT 66 PD 04-17 425-6A 1 -4 DECLARATION OF RESPONSIBLE CHARGE I hereby declare that I have exercised responsible charge over the plan review of this project as defined in Section 6703 of the Business and Professions Code to determine that the plans are found to be in substantial conformance with applicable codes and standards. Plan review of these project drawings does not relieve the Engineer of Work of the responsibilities for project design under state and local ordinances. Signed Gl^n K. Van Peski RCE 41204 Exp. 3/31/07 Date 3764 Cavern Place Carlsbad CA 92008-6585 Ph 760-720-0500 Fx 760-720-2282 10/20/2084 12:06 7609438236 SANDIEGUITO ENG .fUL-09"2004 FRI ID: 16 AN CA^AD ENGINEERING FAX NO. 760 IB 1052 PAGE 02/02 P. 03 CHY OF CARLSBAO - ENGtNEERING DEPARTTIENt , . APPUCAHON Complete all appw)pnate if^<Mimitign. .WritB;N/A when not iai ••'4'';... •' PROJECT NAME: CAlUS>^/YS E^tT^CH CG/Jn^ ^<9r^^DATE! /O tO-Oi PROJECT PESCRimON; rAPlHt^n/^. T)t^S.tJPnf^ PROJECT ADDRESS: ^mtO Al/{f LOTNO(S>.: <^<$ MAPNa: //3/{ APNfS).: ^IL-/7^0^0S NUMBER OF LOTS: . / NUMBER OF ACRS: 5-3^ OWNER: All^ T- 2h^ CY.y{W\0(^ APPUCANT: eAjrc€. (AS (Mnev Mailing Address: 'Fa €6^ I^IC? Mailing Address; Phone Number: '\£0 W^- "^(^00 Phone Number; Fax Number: _ ^ft/O ^W- ^ i^O^ Fax Number: E-Mail: E-Mail: I certif that I arn th(t legal ommr and that all the above Signature: Date: am ENGINEER: SA/e^V MU/JSO/J SOILS ENGINEER: . Ei^uiO S)Ct£LtY FIRM: </\fj'i>ia^UtfO iSAJGlAJ&^JKf, RRM: (f^/EO^oiLS Malfing Address; ^401 M/huout^v^ ^ MaHIng Address: PAi^riBe-u^i^ Phone Number; "7^0 -y^fi ^fJVC Phone Numbar: nhO ^Ib- 31S^ Fax Numben 94^-fs7:\(c Fax Number: Ihn ^.3^ O^iC e-Mail: hn)UA><=ns^ ^at/iccov E-Man: state R^lstration Number: ^Of^O State ReglStratton Number \ic,r, 476>S7 ADDITIONAL COMMEIWS: IMPROVEMENT VALUATION 1. What water district is the proposed project located in? (dieck one) I^Carlsbad Municipal water District Qorivenhain Qvalledlns 1 If In the Cariabad '<1unidpai water District, what Is the total cost estimate, Induding liw 15% conlinflency teA, fhr water end reclaimed watnr impnnremenls, wwer (fbr Cartsbad Municipal WelM* District o.ily), street^ public (median) landscape and Irrigation, and drainage Impravements Ofapplitable)? $ GRADING QUANnnES aic^QU) cy f^\^QOO. Of remedial cy Import , cy exjxirt cy SEE REVERSE SIDE Poo''-"2