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HomeMy WebLinkAboutMS 05-31; Donald Condominiums; Minor Subdivision (MS)City of Carlsbad Public Works — Engineering November 29, 2006 Patricia McColl, PE Lintvedt, McColl & Associates 2810 Camino del Rio South, Ste 200 San Diego, CA92108 SUBJECT: FINAL APPROVAL LETTER FOR MINOR SUBDIVISION, DONALD CONDOMINIUMS ,MS 05-31 () The City has completed the review of the application for the minor subdivision (MS 05-31) located at 2497 Ocean Street known as the Donald Condominiums. Below we have summarized the findings and conditions for the above project: FINDINGS 1. That the Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and that it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15315 (minor land divisions) and 15332 (in-fill development), of the state CEQA Guidelines. In making this determination the Planning Director has found that the exceptions listed in Section 15300.2 of the State CEQA Guidelines do not apply to this project. 2. That the requested use is properly related to the site, surroundings, and environmental settings; is consistent with the various elements and objectives of the General Plan; will not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located; and will not adversely impact the site, surroundings, or traffic circulation, in that the proposed project is a residential two-unit project at 11.76 du/ac, which is similar to surrounding residential land uses and consistent with Residential Medium-High Density (RMH; 8-15 du/ac) General Plan Land Use designation. 3. Adequate public facilities necessary to serve this project are provided in that existing street, sewer and water mains are adjacent the development that are available to serve the proposed development as reflected on the Tentative Parcel Map. 4. Whereas the City Engineer has found 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 in that the subdivision of one lot into two residential air- space condominium lots is consistent with the surrounding community; 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 subdivision fronts a publicly dedicated street for access and there are no existing easements of record within the subdivision boundary. final approval letter MS 05-31.doc 3/15/2001 7:04 AM 1635 Faraday Avenue • Carlsbad, CA 92OO8-7314 • (76O) 6O2-272O • FAX (76O) 6O2-8562 Donald Condominiums November 29, 2006 Page 2 of 6 5. That the City Engineer has reviewed each of the exactions imposed on the Developer contained in the conditions of approval and hereby finds that the exactions are imposed to mitigate impacts caused or reasonably related to this project, and the extent and degree of the exactions is in rough proportionality to the impact caused by the project CONDITIONS Unless specifically stated in the condition, all of the following conditions, upon the approval of this tentative parcel map, must be met prior to approval of a filing a parcel map, building permit, or grading permit, whichever is first. General 1. Developer shall submit to the City Engineer, a reproducible 24" x 36", photo mylar and a digital file copy of the tentative parcel map reflecting the conditions approved by the final decision making body. The reproducible shall be submitted to the City Engineer, reviewed and, if acceptable, signed by the City's project engineer 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 accordance with the established City format to the satisfaction of the City Engineer. 2. This project is approved as an air-space condominium project as defined by Section 1351 of the Civil Code of the State of California with a maximum number of 2 airspace units. 3. Unless a standards variance has been issued, no variance from City Standards is authorized by virtue of approval of this tentative parcel map. 4. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time building permits are issued. 5. If any condition for construction of any public facilities, or payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Engineer determines that this Project without this condition complies with the requirements of the law. 6. Developer shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, agents, officers, and representatives, from and against any and all liabilities, losses, damages, demands, claim and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this tentative parcel map, and (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, including an action filed within the time period specified in Government Code Section 66499.37. final approval letter MS 05-31.doc 3/15/2001 7:04 AM Donald Condominiums November 29, 2006 Page 3 of 6 7. There shall be one parcel map recorded for this project. 8. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other recorded document, for maintaining the private improvements including but not limited to: hardscape, lighting, permanent BMP treatment devices, landscape, irrigation, and storm drain facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. 9. The project is approved with the express condition that building permits will not be issued for the development of the subject property unless the City Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. This note shall be placed on the parcel map as non-mapping information. 10. Developer shall construct the units so that the upper levels of the building are served via gravity flow to the sewer lateral in Ocean Street. Only the lower level in the building requiring a private sewer pump shall be served by the pump. Planning 11. This approval is granted subject to the approval of SDP 05-17, HDP 05-13, CDP 05-52, and CP 06-11 and is subject to all conditions contained in Planning Commission Resolutions No. 6175, 6176, 6177, and 6178 for those other approvals incorporated herein by reference. Fees/Agreements 12. Developer is required to pay all required fees and deposits prior to approval of the parcel map. 13. Developer shall pay the Local Drainage Area Fee prior to approval of the parcel map. 14. Developer shall pay park-in-lieu fees to the City prior to approval of the parcel map as required by Chapter 20.44 of the Carlsbad Municipal Code. 15. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. 16. 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. 17. Prior to approval of any grading or building permits for this project, Developer shall cause Owner to give written consent to the City Engineer 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 Engineer. final approval letter MS OS-31.doc 3/15/2001 7:04 AM Donald Condominiums November 29, 2006 Page 4 of 6 18. Developer shall cause property owner to enter into a Neighborhood Improvement Agreement with the City for the future public improvement of Ocean Street along the subdivision frontage for a half street width of 20-feet. Public improvements shall include but are not limited to: paving, base, sidewalks, curbs and gutters, medians, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights, and retaining walls. 19. Developer shall execute and record a City standard Water Quality Facility Maintenance Agreement prior to the approval of grading, building permit or final map, whichever occurs first for this Project. Improvements/Dedications 20. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or other appropriate entities for all public streets and other easements shown on the Tentative Parcel Map The offer shall be made by a certificate on the final map and/or separate recorded document. All land so offered shall be offered free and clear of all liens and encumbrances and without cost to the City. Streets that already public are not required to be rededicated. 21. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit, latest version. Developer shall provide improvements constructed pursuant to 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 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 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. final approval letter MS 05-31.doc 3/15/2001 7:04 AM Donald Condominiums November 29, 2006 Page 5 of 6 22. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter said pollutants from storm water, to the maximum extent practicable, for the post-construction stage of the project. At a minimum, the SWMP shall: a. identify existing and post-development on-site pollutants-of-concern; b. identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; c. recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way; d. establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to resident education on the proper procedures for handling clean up and disposal of pollutants; e. ensure long-term maintenance of all post construct BMPs in perpetuity; and identify how post-development runoff rates and velocities from the site will not exceed the pre-development runoff rates and velocities to the maximum extent practicable. 23. Prior to Parcel Map approval, Developer shall install separate sewer and potable water services to each Parcel proposed by this tentative parcel map. These services shall be provided to the Satisfaction of the City Engineer. Grading 24. Based upon a review of the proposed grading and the grading quantities shown on the Tentative Parcel Map, a grading permit for this project is required. Developer shall apply for and obtain a grading permit from the City Engineer prior to issuance of a building permit for the project. Carlsbad Municipal Water District 25. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. Developer shall pay the San Diego County Water Authority capacity charge(s) prior to issuance of Building Permits. Code Reminder The project is subject to all applicable provisions of local ordinances, including but not limited to the following: A. This Tentative Parcel Map shall expire twenty-four (24) months from the date of the letter containing the final decision for tentative parcel map approval. final approval letter MS 05-31.doc 3/15/2001 7:04 AM Donald Condominiums November 29, 2006 Page 6 of 6 B. 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 Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. If you have any questions regarding the above, please contact the Project Engineer, Jeremy Riddle at 760-602-2737. If you have any planning related questions, please contact Greg Fisher at 760-602-4629. Sincerely, David Mauser Deputy City Engineer c: Peter Donald, Applicant/Owner Senior Office Specialist, Development Services Greg Fisher, Project Planner Bill Billings (mail to PO Box 4231 Carlsbad, CA 92018-4231) File (MS 05-20 #3R) final approval letter MS 05-31.doc 3/15/2001 7:04 AM City of Carlsbad Public Works Engineering November 29, 2006 NOTICE OF APPROVAL OF TENTATIVE PARCEL MAP MINOR SUBDIVISION NO. MS 05-31 Notice is hereby given that a Tentative Parcel Map has been approved on property generally located along the west side of Ocean Street near the intersection with Pacific Avenue, more particularly described as a portion of lot 6 of Map 1782 filed in the office of the County Recorder of San Diego February 21,1924. See attached vicinity map. This project proposes to subdivide one existing lot into two residential air-space condominium units. In association with this project, the Developer has processed other concurrent discretionary permits in order to develop the site (e.g: Site Development Permit, Coastal Development Permit, Hillside Development Permit, Special Use Permit, etc.). APPLICANT: Peter Donald, 50807 Desert Arroyo Trail, Indian Wells, CA 92210 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 an appeal fee (per current fee schedule). The appeal must be filed with the City Clerk in writing within 10 days of the date of this notice. 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 Jeremy Riddle of our office at (760) 602-2737. DAVID HAUSER. Deputy City Engineer c: File Attachment Doeo/MinorEub/Motioo of Appreval (<M) Frm 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-272O • FAX (76O) 6O2-8562 FINISHED GRADE-^ EXIST. GRADE FINISHED GRADE PROP. WALL-REMOVE EXIST. STONE WALLREMOVE EXIST.STONE WALL SECTION A-A RSD C-3 3 MA* SUKLbN WAUL HIGH TIDE UNE(ELEV. +2.3 NGVD 29) SOUTHWESTERLY UNE OF. LOT 6AND UNE OF MEAN HIGH TIDE UNE ON JULY 1923 PER GRANTVILLEPARK, MAP NO. 1782 UNIT B GARASE F.F.-38.2 OFFER TO DEDICATE FOR tBUC ACCESS AMD REOgATIOK,6ASaroiT SCALE I' = 20' 1. POROUS PAVING WILL BE USED ON WALKWAYS TO RETAIN WATER ONSITE. 2. SURFACE RUNOFF FROM DRIVEWAYS WILL BE FILTERED IN TRENCH DRAIN AND CONTAINED ONSITE AND USED FOR LANDSCAPE PURPOSES. 3. SURFACE RUNOFF FROM ROOFS WILL BE FILTERED IN DOWNSPOUTS FILTER AND CONTAINED ONSITE AND USED FOR LANDSCAPE PURPOSES. 4. OVERFLOW FROM STORAGE TANK WILL BE PUMPED INTO OCEAN STREET VIA 2" DIAMETER PRESSURE LINE TO 4" DIAMETER CURB OUTLET. 5. STORM DRAIN SUMP PUMP AND PUMP SYSTEM SHALL PROVIDE 3000 GALLON STORAGE TANK. (CAPACITY OF FIRST FLUSH RUNOFF) DUAL PUMPS MIN. 225 GPM (Qio PEAK FLOW) MAX. 4-50 GPM (QiooPEAK FLOW) NOTES: FIRST FLOOR AND SECOND FLOOR V*LL HAVE GRAVITY SEWER SYSTEM. BASEMENT LEVEL FOR UNITS A AND B WILL HAVE SEWAGE PUMP SYSTEM. DEMOLITION NOTES: Q REMOVE BUILDING & STAIRS (D REMOVE WALL © REMOVE 2 FAN PALMS. (BM DIA. TRUNK) 0 REMOVE EXIST WATER LATERAL © REMOVE * RECONSTRUCT CURB (D REMOVE AND RELOCATE ELECTRICAL BOX AS NECESSARY © REMOVE SEWER CLEANOUT ® REMOVE EXIST. WATER METER © REMOVE & RELOCATE STREET LIGHT HANDHOLE 3' MIN. FROM DRIVEWAY FLARE, BY OTHERS. EARTHWORK VOLUMES CUT: 40 CY FILL: 40 CY (DRIVEWAY, WALKWAYS, STAIRS AND UTILITY TRENCHES) CUT: 2100 CY n i. o TV(BUILDING EXCAVAfKW INCLUDING OVEREXCAVATION AND RECOMPACTION ALONG WESTERLY PORTIONOF HOUSE) CUT: 20 CY (STORAGE TANK EXACAVATION) EXISTING UTILITIES LEGEND TENTATIVE PARCEL MAP ITEM GAS LINE WATER UNE SEWER LINE ELECTRICAL UNE TELEPHONE UNE CABLE UNE SEWER MANHOLE LEGEND ITEM PROPERTY UNE RIGHT-OF-WAY CENTERUNE EXIST. SPOT ELEVATION EXIST. TOP AND BOTTOM OF WALL ELEVATION EXIST. CONTOUR EXIST. TREE SYMBOL G — E - — T - — CTV- © SYMBOL 6" CURB IVEWAY 4" SEWER LATERAL mat, 1* WATER LATERAL AND 1" WATER METER I STORM DRAIN PIPE . STORM DRAIN CATCH BASIN 8B(H»STORM DRAIN CLEANOUT «•» TRENCH DRAIN DIRECTION OF FLOW AMR RETAINING WALL 1 "IRRIGATION UNE AND WATER METER I-— NOTES: t. TAX ASSESSOR'S NUMBER: 2. LEGAL ACCESS: 3. EXISTING ZONING: 4. GENERAL PLAN DESIGNATION: 5. PROPOSED ZONING it LAND USE: 6. WATER SUPPLY: 7. FIRE PROTECTION: 8. SCHOOL DISTRICT 9. SEWER: 10. TOTAL AREA: 11. SOURCE OF TOPOGRAPHY: 12. TOTAL NO. OF LOTS £ UNITS: 13. AVERAGE DAILY TRAFFIC 203-021-08-00 OCEAN STREET R-3 MULTI-FAMILY BEACH AREA OVERLAY WITH RESIDENTIAL SINGLEFAMILY DWELLING UNIT RMH (RESIDENTIAL MEDIUM-HIGH) R-3 MULTI-FAMILY BEACH AREA OVERLAY LOCAL COASTAL DEVELOPMENT WITH TWO RESIDENTIAL CONDOMINIUM UNITS CARLSBAD MUNICIPAL WATER DISTRICT CARLSBAD FIRE PROTECTION DISTRICT CARLSBAD UNIFIED SCHOOL DISTRICT CITY OF CARLSBAD 0.23 AC. - 10,065 SF - IMTHIN LOT 6 PER MAP 1782 0.20 AC. - 8922 SF - BETWEEN L016 AND MEAN HIGH TIDE LOW-AS OF MAY 22. 2006 SAN-LO AERIAL SURVEYS DATED: SEPT. 17, 2003 FIELD SURVEY BY UNTVEDT, McCOLL AND ASSOC.DATED: SEPT. 16 4 23, 2003, OCT. IS, 2003, JAN. 12, 2004 AND MAY 22. 2006. NO. OF LOTS-1 / NO. OF UNITS-2 1 SINGLE FAMILY DWELLING- 10 ADT (EXISTING} 2 CONDO UNITS-8 ADT/UNIT x 2 UNITS - 16 ADT (PROP) 9.09 DU/AC 4700 S.F. 14. PROPOSED DENSITY 15. TOTAL BUILDING COVERAGE: LEGAL DESCRIPTION: THAT PORTION OF LOT SIX OF GRANV1LLE PARK IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALFORNIA, ACCORDING TO MAP THEREOF NO. 1782, FILED INTHE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 21. 1924, LYING NORTHWESTERLY OF A UNE DRAWN PARALLEL WITH AND SEVENTY-FOUR AND FIFTY-SEVEN HUNOREDTHS FEET SOUTHEASTERLY OF WE DIVIDING UNE BETWEEN LOTSIX AND FIVE OF SAID GRANVILLE PARK. ALSO THAT LAND, IF ANY. LYING WESTERLY OF THE WESTERLY UNE OF SAID GRANVILLEPARK, SOUTHEASTERLY OF THE SOUTHERWESTERLY EXTENSION OF THE NORTHWESTERLY UNE OF SAID LOT SIX; NORTHWESTERLY OF A UNE THAT BEARS SOUTH 5r29' WEST FROM THE MOST EASTERLY CORNER OF SAID LOT SIX AND NORTHEAST OF THE MEANHIGH TIDE UNE OF THE PACIFIC OCEAN. * EXCEPTING FROM THE ABOVE PROPERTY THAT PORTION THEREOF, IF ANY, HERETOFORE,OR NOW LYING BELOW THAT MEAN HIGH TIDE UNE OF THE PACIFIC OCEAN. SUBDIVIDER: PETER AND MARY KAY DONALD 3505 ROCK RIDGE ROAD CARLSBAD, CA 92009 OWNER: TRENCH DRAIN O LOW PONT _ WDEMNGIVEWAY APPROACH 0 PL Mm FUTURE WDENING PETER AND MARY KAY DONALD 3S05 ROCK RIDGE ROAD CARLSBAD, CA 92009 ABBREVIATIONS BACK FLOW PREVENTOR BFP BOTTOM OF WALL O GROUND, , BW / GRDBUILDING CORNER ! BC CONCRETE CONC DRIVEWAY DWYELECTRICAL BOX EBOX ELECTRIC HANDHOLE EHHEXISTING EX / EXIST FINISH FLOOR FF FIRE HYDRANT I FH FLOWUNE ' FL GAS MARKOUT GMO IRREVOCABLE OFFER OF DEDICATION 100 INVERT ELEVATION IE PREPARED BY: LANDING MAIL BOXPOWER POLE PROPOSEDSEWER CLEAN OUT SEWER MANHOLESTREET UGHT HANDHOLE TELEGQMUNICATIONS PEDESTALTELEPHONE PEDESTAL TOP OF CURB TOP OF GRATETOP OF WALL WATER GATE VALVEWATER METER UNTVEDT, McCOLL AND ASSOCIATES 2810 CAMINO DEL RIO SOUTH, SUITE 200 SAN DIEGO. CALIFORNIA 92108 PATRICIA M McCOLL RCE 36873 VICINITY MAP NOT TO SCALE SHEET CITY OF CARLSBAD SHEETS1 TENTATIVE PARCEL MAP FOR DONALD RESIDENTIAL CONDOMINIUMS DATE: 06/05/06 (KO. 12295-1 IPWT: MD I CHK'D gift PMM I LAW 3UR\€WW WO ConkM M We South, Suit. 300. Se* DhflO, CA 92108 4Bll)2M-44«) •fo<eig)294~4443 City of Carlsbad Public Works - Engineering November 20, 2006 Patricia McColl, PE Lintvedt, McColl & Associates 2810 Camino del Rio South, Ste 200 San Diego, CA92108 SUBJECT: PRELIMINARY CONDITIONS OF APPROVAL DONALD CONDOMINIUMS (MS 05-31) 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 proposed minor subdivision, subject to the conditions listed below. The preliminary conditions are: 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 filing a parcel map, building permit, or grading permit, whichever is first. General 1. Developer shall submit to the City Engineer, a reproducible 24" x 36", photo mylar and a digital file copy of the tentative parcel map reflecting the conditions approved by the final decision making body. The reproducible shall be submitted to the City Engineer, reviewed and, if acceptable, signed by the City's project engineer 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 accordance with the established City format to the satisfaction of the City Engineer. 2. This project is approved as an air-space condominium project as defined by Section 1351 of the Civil Code of the State of California with a maximum number of 2 airspace units. 3. Unless a standards variance has been issued, no variance from City Standards is authorized by virtue of approval of this tentative parcel map. 4. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time building permits are issued. 5. If any condition for construction of any public facilities, or payment of any fees in- lieu thereof, imposed by this approval or imposed by law on this Project are 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (76O) 602-272O • FAX (760) 602-8562 Preliminary Conditions - Donald Condominiums November 20, 2006 Page 2 of 6 challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Engineer determines that this Project without this condition complies with the requirements of the law. 6. Developer shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, agents, officers, and representatives, from and against any and all liabilities, losses, damages, demands, claim and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this tentative parcel map, and (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, including an action filed within the time period specified in Government Code Section 66499.37. 7. There shall be one parcel map recorded for this project. 8. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other recorded document, for maintaining the private improvements including but not limited to: hardscape, lighting, permanent BMP treatment devices, landscape, irrigation, and storm drain facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. 9. The project is approved with the express condition that building permits will not be issued for the development of the subject property unless the City Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. This note shall be placed on the parcel map as non-mapping information. 10. Developer shall construct the units so that the upper levels of the building are served via gravity flow to the sewer lateral in Ocean Street. Only the lower level in the building requiring a private sewer pump shall be served by the pump. Planning 11. This approval is granted subject to the approval of SDP 05-17, HDP 05-13, CDP 05-52, and CP 06-11 and is subject to all conditions contained in Planning Commission Resolutions No. 6175, 6176, 6177, and 6178 for those other approvals incorporated herein by reference. Conditions MS 05-31 Riddle.doc REV. 11/20/06 Page: 2 Preliminary Conditions - Donald Condominiums November 20, 2006 Page 3 of 6 Fees/Agreements 12. Developer is required to pay all required fees and deposits prior to approval of the parcel map. 13. Developer shall pay the Local Drainage Area Fee prior to approval of the parcel map. 14. Developer shall pay park-in-lieu fees to the City prior to approval of the parcel map as required by Chapter 20.44 of the Carlsbad Municipal Code. 15. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. 16. 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. 17. Prior to approval of any grading or building permits for this project, Developer shall cause Owner to give written consent to the City Engineer 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 Engineer. 18. Developer shall cause property owner to enter into a Neighborhood Improvement Agreement with the City for the future public improvement of Ocean Street along the subdivision frontage for a half street width of 20-feet. Public improvements shall include but are not limited to: paving, base, sidewalks, curbs and gutters, medians, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights, and retaining walls. 19. Developer shall execute and record a City standard Water Quality Facility Maintenance Agreement prior to the approval of grading, building permit or final map, whichever occurs first for this Project. Improvements/Dedications 20. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or other appropriate entities for all public streets and other easements shown on the Tentative Parcel Map The offer shall be made by a certificate on the final map and/or separate recorded document. All land so offered shall be Conditions MS 05-31 Riddle.doc REV. 11/20/06 Page: 3 Preliminary Conditions - Donald Condominiums November 20, 2006 Page 4 of 6 offered free and clear of all liens and encumbrances and without cost to the City. Streets that already public are not required to be rededicated. 21. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit, latest version. Developer shall provide improvements constructed pursuant to 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 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 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. 22. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter said pollutants from storm water, to the maximum extent practicable, for the post-construction stage of the project. At a minimum, the SWMP shall: a. identify existing and post-development on-site pollutants-of-concern; b. identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; Conditions MS 05-31 Riddle.doc REV. 11/20/06 Page: 4 Preliminary Conditions - Donald Condominiums November 20, 2006 Page 5 of 6 c. recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way; d. establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to resident education on the proper procedures for handling clean up and disposal of pollutants; e. ensure long-term maintenance of all post construct BMPs in perpetuity; and identify how post-development runoff rates and velocities from the site will not exceed the pre-development runoff rates and velocities to the maximum extent practicable. 23. Prior to Parcel Map approval, Developer shall install separate sewer and potable water services to each Parcel proposed by this tentative parcel map. These services shall be provided to the Satisfaction of the City Engineer. Grading 24. Based upon a review of the proposed grading and the grading quantities shown on the Tentative Parcel Map, a grading permit for this project is required. Developer shall apply for and obtain a grading permit from the City Engineer prior to issuance of a building permit for the project. Carlsbad Municipal Water District 25. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. Developer shall pay the San Diego County Water Authority capacity charge(s) prior to issuance of Building Permits. Code Reminder The project is subject to all applicable provisions of local ordinances, including but not limited to the following: A. This Tentative Parcel Map shall expire twenty-four (24) months from the date of the letter containing the final decision for tentative parcel map approval. B. 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 Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. C. Some improvements shown on the tentative parcel map and/or required by these Conditions MS 05-31 Riddle.doc REV. 11/20/06 Page: 5 Preliminary Conditions - Donald Condominiums November 20, 2006 Page 6 of 6 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 immediately initiate negotiations to acquire such property. The Developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessful, Developer shall demonstrate to the City Engineer its best efforts, and comply with the requirements of the Carlsbad Municipal Code Section 20.16.095 to notify and enable the City to successfully acquire said property by condemnation. The applicant may request a review of these preliminary conditions within ten (10) days of the date of this preliminary approval. The request must be submitted in writing to the City Engineer in accordance with Section 20.24.120 through 140 of the Carlsbad Municipal Code. The City Engineer has reviewed each of the exactions imposed on the Developer contained in the conditions of approval and hereby finds that the exactions are imposed to mitigate impacts caused or reasonably related to this project, and the extent and degree of the exactions is in rough proportionality to the impact caused by the project. If you have any questions regarding the above, please contact the Project Engineer, Jeremy Riddle at 760-602-2737. If you have any planning related questions, please contact Greg Fisher at 760-602-4629. Sincerely, David Mauser Deputy City Engineer c: Peter Donald, Applicant/Owner (w/o attachment) Jeremy Riddle, Project Engineer(w/o attachment) Greg Fisher, Project Planner(w/o attachment) Conditions MS 05-31 Riddle.doc REV. 11/20/06 Page: 6