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HomeMy WebLinkAboutMS 07-01; Scott Minor Subdivision; Minor Subdivision (MS)City of Carlsbad Public Works July 18, 2007 NOTICE OF APPROVAL OF TENTATIVE PARCEL MAP MINOR SUBDIVISION NO. MS 07-01 Notice is hereby given that a Tentative Parcel Map has been approved on property generally located at 3320 Highland Drive, Carlsbad, CA 92008 and more particularly described as a portion of Tract 123 of Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 1661, filed in the Office of the County Recorder of San Diego County, March 1, 1951. The project involved is described as subdividing one residential lot into two residential lots. APPLICANT: Thomas L. Scott and Jana L. Scott 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. MAUSER Deputy City Engineer Attachment: reduced copy of the Tentative Parcel Map C: File, #3R Management Analyst, Planning 1635 Faraday Avenue - Carlsbad, CA 92008-7314 • (76O) 602-2730 • FAX (760) 602-8562 City of Carlsbad Public Works July 18, 2007 Thomas L. Scott 5138 Delaney Ct. Carlsbad, CA 92008 MINOR SUBDIVISION NO. MS 07-01 Whereas no review of the conditions of the letter of preliminary approval was requested by the appropriate date; and whereas the requirements of the California 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. David A. Mauser Deputy City Engineer c: File Management Analyst, Development Services • Carlsbad, CA 92008-7314 • (760) 602-273O • FAX (760) 602-8562 City of Carlsbad Public Works July 16,2007 Thomas L. Scott 5138DelaneyCt. Carlsbad, CA 92008 MS 07-01: 3320 HIGHLAND DRIVE 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 conditions that follow in this letter. NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this tentative parcel map, must be met prior to approval of a parcel map. General 1. 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. 2. Developer shall submit to the City Engineer, a reproducible 24" x 36", mylar copy of the tentative parcel 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 planner prior to submittal of the building plans, parcel map, improvement or grading plans, whichever occurs first. The digital file copy shall be submitted in a format as approved by the City Engineer. 3. Developer shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, agents, officers, and representatives, from and against any and all liabilities, losses, damages, demands, claim and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this tentative parcel map, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, including an action filed within the time period specified in Government Code Section 66499.37 and (c) Developer's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. 4. There shall be one Parcel Map recorded for this project. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-2730 • FAX (760) 602-8562 MS 07-01: 3320 Highland Ave. July 16, 2007 Fees/Agreements 5. 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. 6. 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. 7. 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 and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the City Engineer. 8. Developer shall cause property owner to enter into a Neighborhood Improvement Agreement with the City on a City Standard form for the future public improvement of Highland Avenue along the subdivision frontage for a half street width of 30 feet. Public improvements shall include but are not limited to paving, base, sidewalks, curbs and gutters, medians, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights. Grading 9. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for this project is required. Developer shall apply for and obtain a grading permit from the City Engineer prior to issuance of a building permit. 10. Developer shall provide the design of proposed drainage system shown on the Tentative Parcel Map in accordance with City standards and to the satisfaction of the City Engineer. 11. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit and the City's SUSMP. 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. Page: 2 MS 07-01: 3320 Highland Ave. July 16, 2007 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 12. 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 district be formed. Parcel Map Notes Add the following notes to the parcel map as non-mapping data. 13. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. 14. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. 15. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the drainage system or other improvements identified in the City approved development plans; or by the design, construction or maintenance of the drainage system or other improvements identified in the City approved development plans. Fire 16. Developer shall install combination of fire and domestic service for Parcels B to accommodate the required automatic fire sprinkler system to the satisfaction of the Fire Marshall. Utilities 21. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. 22. The Developer shall install potable water services and meters at a location approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. 23. The Developer shall install sewer laterals and clean-outs at a location approved by the District Engineer. The locations of sewer laterals shall be reflected on public improvement plans. Code Reminder Page: 3 MS 07-01: 3320 Highland Ave. July 16, 2007 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 shall expire two years from the date of the approval letter B. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the Tentative 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. 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 Developer for such review. The City Engineer has reviewed each of the exactions imposed on 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. If you have any question, please contact Tecla Levy at (760) 602-2733. Sincerely, David A. Hauser Deputy City Engineer C: File John O'Donnell, Senior Civil Engineer Tecla Levy, Associate Engineer Page: 4