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HomeMy WebLinkAboutCDP 2022-0025; MADDOX MINOR SUBDIVISION; Admin Decision LetterSeptember 22, 2023 Doug Logan 310 Via Vera Cruz, #205 San Marcos CA 92078 Ccicyof Carlsbad SUBJECT: CDP 2022-0025 / MS 2023-0001-MADDOX MINOR SUBDIVISION. Request for a minor coastal development permit and minor subdivision to subdivide one 1.43-acre lot into three lots. The City has completed a review of the application for a Minor Coastal Development Permit for the subdivision of property located at 4208 Highland Drive, outside the Appeals Jurisdiction of the California Coastal Commission. It is the City Planner's determination that the project CDP 2022-0025 / MS 2023-0001-MADDOX MINOR SUBDIVISION, is consistent with the City's applicable Coastal Development Regulations (Chapters 21.201 -21.205) and with all other applicable City ordinances and policies. The City Planner, therefore, APPROVES this request based upon the following: Findings: Coastal Development Permit, CDP 2022-0025 1. That the total cost of the proposed development is less than $60,000. 2. That the proposed development requires no discretionary approvals other than a Minor Coastal Development Permit and Minor Subdivision Permit. 3. That the development is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act, in that the subdivision is not located on property adjacent to a body of water. Therefore, no opportunities for coastal access are available from the subject site, nor are public recreation areas required of the project. 4. The proposed development will have no adverse effect on coastal resources, in that the subdivision is not located on property adjacent to a body of water, and the entire lot is already disturbed and developed with a single-family home. 5. That the proposed development is in conformance with the Mello II Segment of the Certified Local Coastal Program and all applicable policies in that the project site is designated for residential use and the project proposes a subdivision to create legal lots for the future construction of single- family homes and accessory structures as permitted by the underlying R-1 zone, the development of which is consistent with the Mello II Land Use designation R-4. As the project is not adjacent to a beach or lagoon and is located east of the first public road, it will not obstruct views of the coastline as seen from public lands or the public rights-of-way, or otherwise damage the visual beauty of the Coastal Zone. Also, given that the site does not have any frontage along the coastline, no public opportunities for coastal shoreline access or water-oriented recreational activities are Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2600 CDP 2022-0025/ MS 2023-0001-MADDOX SUBDIVISION September 22, 2023 Page 2 available. Furthermore, no agricultural uses exist on the site, nor are there any known sensitive resources also located on the site. Lastly, the proposed subdivision is not located in an area of known geologic instability or flood hazard. 6. The project is consistent with the provisions ofthe Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance), in that the project will adhere to the city's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP) to avoid increased urban runoff, pollutants, and soil erosion. No undevelopable steep slopes or native vegetation exist on the subject property and the developed site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. No habitat buffers or geologic stability setbacks are required of the property. Tentative Parcel Map, MS 2023-0001 7. The land proposed for division was created legally. The subdivision does not create five or more lots, inclusive of the total number of lots in a parcel map of which the subject land is a part of and which was approved or recorded less than two years prior to the filling of the subject tentative parcel map. The land proposed for division is not part of an approved tentative parcel map wherein the parcel map requirement was waived. 8. 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 in that the subdivision of the property into four parcels satisfies all the minimum requirements of Title 20 and has been designed to comply with other applicable regulations including the R-4 Residential General Plan Land Use designation and the One-Family Residential (R-1) Zone such as density, lot area, and lot width. 9. That the proposed project is compatible with the surrounding future land uses and suitable for the proposed density of development in that the proposed subdivision of the existing parcel into three parcels will result in two new single-family residences and is surrounded by single-family residential development. The proposed subdivision meets all applicable standards of the One-Family Residential (R-1) Zone and the R-4 Residential General Plan Land Use designation, such as land use, density, lot area, and lot width which is consistent with the surrounding properties. 10. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed in that all required development standards such as minimum lot size, minimum lot width, and other design criteria required by the One-Family Residential (R-1) Zone are incorporated into the minor subdivision. The Project's proposed street alignments, grades and widths; drainage and sanitary facilities and utilities, including alignments and grades thereof; location and size of all required easements and rights-of-way; lot configuration; traffic and emergency access; and grading; were all reviewed for compliance with relevant city policies and codes. CDP 2022-0025/ MS 2023-0001-MADDOX SUBDIVISION September 22, 2023 Page 3 11. That the design of the subdivision or proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Furthermore, the proposed map will not cause serious public health problems. The project proposes a subdivision to create legal lots for the future construction of single-family homes and accessory structures as permitted by the underlying R-1 zone, the development of which is consistent with all applicable plans and policies, which was studied for environmental impacts and found to be exempt from further environmental review. The Project site is located within an infill urban setting and does not contain any sensitive or protected biological or natural resources. All permits and approvals applicable to the proposed Minor Subdivision / Parcel Map pursuant to the Carlsbad Municipal Code will have been obtained prior to the recordation of the map. 12. 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 any existing easements and improvements will either be accommodated within the project design; be quitclaimed prior to recordation of the map; or alternate provisions provided. 13. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 14. That the City Planner has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the City and available fiscal and environmental resources in that the lots facilitate future dwelling units and can be adequately served by existing public services, and the project has been conditioned to pay inclusionary housing in-lieu fees for two units. 15. That the design of the subdivision provides, to the extent feasible, forfuture passive or natural heating or cooling opportunities in the subdivision, in that the subdivision of the property into three parcels meets the minimum lot size and lot width which allows for passive or natural solar heating and cooling opportunities and provides ample area to take advantage of coastal breezes. 16. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the subdivision of the property into four parcels and the construction of four single-family residences will adhere to the city's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP) to avoid increased urban runoff, pollutants, and soil erosion. General 17. That the City Planner finds that the project, as conditioned herein, is in conformance with the City's General Plan in that the subject property is designated R-4, Residential O -4 du/ac. The proposal to subdivide the 1.43-acre property into two lots has a density of 4 du/ac and is therefore within the allowable range and consistent with the R-4 General Plan Land Use designation. 18. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and CDP 2022-0025/ MS 2023-0001-MADDOX SUBDIVISION September 22, 2023 Page 4 improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, a. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44 and will be collected prior to issuance of building permit. c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. 19. That the request for a minor coastal development permit and minor subdivision permit (parcel map) was adequately noticed at least ten (10) working days before the date of this decision pursuant to Section 21.201.080(8) and (C) of the Carlsbad Coastal Development Regulations and Section 21.24.115 of the Subdivisions Ordinance. 20. That the City Planner has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15315 -Minor Land Division -of the State CEQA Guidelines and will not have any adverse significant impact on the environment. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the State CEQA Guidelines do not apply to this project. 21. That the City Planner has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15315 (Minor Land Division) of the State CEQA Guidelines and will not have any adverse significant impact on the environment in that the property is in an urbanized area zoned for single-family residential use and is being subdivided into four or fewer parcels; no variances are needed for the subdivision; all services for the parcels are available; the parcel was not part of a larger subdivision within the last two years; and the developable portion of the site does not have an average slope greater than 20 percent. 22. The City Planner has reviewed each of the exactions imposed on the Developer contained in this approval letter, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless otherwise specified herein, the issuance of grading permit, building permit, or recordation of the Final Parcel Map, whichever comes first. 1. The City Planner does hereby APPROVE the Minor Coastal Development Permit, CDP 2022-0025 / MS 2023-0001, for the project entitled MADDOX MINOR SUBDIVISION (Exhibits "N' -"E"), dated July 10, 2023, on file in the Planning Division and incorporated by this reference, subject to the conditions CDP 2022-0025/ MS 2023-0001-MADDOX SUBDIVISION September 22, 2023 Page 5 herein set forth. Development shall occur substantially as shown unless otherwise noted in these conditions. If the Applicant fails to file a timely and valid appeal of this Permit within the applicable appeal period, such inaction by the Applicant shall be deemed to constitute all of the following on behalf of the Applicant: a. Acceptance of the Permit by the Applicant; and b. Agreement by the Applicant to be bound by, to comply with, and to do all things required of or by the Applicant pursuant to all of the terms, provisions, and conditions of this Project Permit or other approval and the provisions of the Carlsbad Municipal Code applicable to such Permit. 2. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the city shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the city's approval of this Minor Coastal Development Permit / Minor Subdivision (Parcel Map). 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor Coastal Development Permit / Minor Subdivision (Parcel Map) documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 4. The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 5. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the city arising, directly or indirectly, from (a) City's approval and issuance of this Minor Coastal Development Permit/ Minor Subdivision (Parcel Map), (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the CDP 2022-0025/ MS 2023-0001-MADDOX SUBDIVISION September 22, 2023 Page 6 facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the city's approval is not validated. 7. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Minor Subdivision (Parcel Map), conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final decision-making body. The copy shall be submitted to the City Planner, reviewed and, if found acceptable, signed by the city's project planner and project engineer. If no changes were required, the approved exhibits shall fulfill this condition. 8. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 9. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 10. An approved or conditionally approved tentative parcel map shall expire twenty-four (24) months after the date of its approval or conditional approval. The expiration of an approved tentative parcel map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within the tentative map shall be filed without first processing a new tentative map. Once a timely filing is made, subsequent actions of the city, including, but not limited to, processing, approving and recording, may lawfully occur after the date of expiration of the tentative map. Delivery of the final tract map or final parcel map to the City Engineer shall be deemed a timely filing for purposes of this condition. 11. The appropriate development impact fees and facility fees shall be paid in accordance with the prevailing fee schedule in effect at the time of map recording or building permit issuance, the timing of which is set and required by city ordinance or resolution. The city's impact fee program includes but is not limited to the following (non-exhaustive list provided): A. Thoroughfare and bridge fees imposed pursuant to Chapter 20.08 of the Carlsbad Municipal Code; B. Drainage fees imposed pursuant to Chapters 15.08 and 20.08 of the Carlsbad Municipal Code; C. Sewer facilities fees and impact fees imposed pursuant to Chapters 13.10 and 20.08 of the Carlsbad Municipal Code; D. Traffic fees imposed pursuant to Chapter 18.42 of the Carlsbad Municipal Code; E Park in lieu fees imposed pursuant to Chapter 20.44 of the Carlsbad Municipal Code; and F. Public Facility fees and Local Facilities Management Zone fees imposed pursuant to Chapter 20.90 of the Carlsbad Municipal Code. The amount of the fees due to city shall be based on the development fee schedule in effect at the time of payment. The amount of the development impact fee established by Fee Resolution or by CDP 2022-0025/ MS 2023-0001-MADDOX SUBDIVISION September 22, 2023 Page 7 law or ordinance shall not exceed the estimated cost of providing the proposed development with the service or facility for which the development impact fee is imposed. No building permit shall be issued until all applicable development impact fees due for the development project have been paid or secured through a recorded agreement with the city, unless payment at a later time is mandated by Government Code Section 66007 or otherwise permitted by law or ordinance of the city. 12. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17 and the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030 subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 13. At issuance of building permits, or prior to the approval of a final map the Developer shall pay to the city an inclusionary housing in lieu fee as an individual fee on a per market rate dwelling unit basis in the amount in effect at the time, as established by City Council Resolution from time to time. 14. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities District or other financing mechanism which is inconsistent with City Council Policy No. 38, by allowing a pass- through of the taxes or fees to individual home buyers, then in addition to any other disclosure required by law or Council policy, the Developer shall disclose to future owners in the project, to the maximum extent possible, the existence of the tax or fee, and that the school district is the taxing agency responsible for the financing mechanism. The form of notice is subject to the approval of the City Planner and shall at least include a handout and a sign inside the sales facility, or inside each unit, stating the fact of a potential pass-through of fees or taxes exists and where complete information regarding those fees or taxes can be obtained. 15. This project has been found to result in impacts to wildlife habitat or other lands, such as agricultural land, non-native grassland, and disturbed lands, which provide some benefits to wildlife, as documented in the city's Habitat Management Plan and the environmental analysis for this project. Developer is aware that the city has adopted an In-lieu Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of vegetation and animal species. The Developer is further aware that the city has determined that all projects will be required to pay the fee in order to be found consistent with the Habitat Management Plan and the Open Space and Conservation Element of the General Plan. Developer or Developer's successor(s} in interest shall pay the fee prior to recordation of a final map, or issuance of a grading permit or building permit, whichever occurs first. The applicant shall pay habitat In-Lieu Mitigation Fees, consistent with the city's Habitat Management Plan for impacts to 0.7 acres of disturbed lands (Group F), as required in accordance with the Biological Technical Report for the Maddox Property, dated December 23, 2021, on file with the Planning Division. If the In-lieu Mitigation Fee for this project is not paid, this project will not be consistent with the Habitat Management Plan and the General Plan and any and all approvals for this project shall become null and void. CDP 2022-0025/ MS 2023-0001-MADDOX SUBDIVISION September 22, 2023 Page 8 16. Clearing and grading activities should be avoided during the bird nesting season (February 15 through September 15). The USFWS will be notified at least seven days before clearing and grubbing begins. During this activity, a qualified biologist will walk the area ahead of construction equipment to flush birds away from impacted areas. The biologist will immediately report to USFWS the number and location of any federally listed birds disturbed by clearing and grubbing. No gnatcatchers will be injured or killed. Other construction activities will also be avoided during the breeding season if feasible. If this cannot be avoided, the following measures shall be taken: a. Nesting bird surveys shall be conducted by qualified biologist in appropriate habitat for nesting raptors and migratory birds and within a 500-foot survey buffer within three days of construction. b. The USFWS will be notified immediately of any federally listed species that are located during pre-construction activities. c. If nests of federally or state-listed or special status birds of other migratory birds or raptors are located, a fence with a protective buffer of at least 500 feet from active nests of federally or state-listed species, and 300 feet from other bird species shall be placed. All construction activity shall be prohibited within this area. Reduced buffers can be requested from the City if the project biologist can demonstrate that nesting success will not be affected. Once the biologist has determined the nesting cycle has completed, work can commence. d. During the breeding season, construction noise will be measured regularly to maintain a threshold at or below 60dBA hourly Leq within 500 feet of breeding habitat. 17. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. 18. Developer shall make a separate formal landscape construction drawing plan check submittal to the Planning Division and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the city's Landscape Manual. Developer shall construct and install all landscaping and irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum amount of water to the landscape for plant growth without causing soil erosion and runoff. 19. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Division and accompanied by the project's building, improvement, and grading plans. CDP 2022-0025/ MS 2023-0001-MADDOX SUBDIVISION September 22, 2023 Page 9 20. Prior to the issuance of the grading permit or final map approval, whichever comes first, Developer shall submit to the city a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Minor Coastal Development Permit/ Parcel Map on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 21. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable city ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 22. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 17.04.060. Prior to submittal for a building permit, Developer shall submit a request for addressing to the Building Division. Engineering Conditions: NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed subdivision, must be met prior to approval of a parcel map, building or grading permit whichever occurs first). General 23. 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. 24. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the district engineer has determined that adequate water and sewer facilities are available at the time of permit issuance and will continue to be available until time of occupancy. 25. Developer shall include rain gutters on the building plans subject to the city engineer's review and approval. Developer shall install rain gutters in accordance with said plans. 26. Developer shall prepare, submit and process for city engineer approval a parcel map to subdivide this project. There shall be one Parcel Map recorded for this project. Developer shall pay the city standard map review plan check fees. 27. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. The property owner shall maintain this condition. CDP 2022-0025/ MS 2023-0001-MADDOX SUBDIVISION September 22, 2023 Page 10 28. Property owner shall maintain all landscaping (street trees, tree grates, shrubs, groundcover, etc.) and irrigation along the parkway frontage with Highland and Hillside Drive as shown on the Tentative Map/Site Plan. Fees/ Agreements 29. 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. 30. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 31. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for recordation, an Encroachment Agreement covering private rock retaining wall, irrigation control valves located over existing public right-of-way or easements as shown on the site plan. Developer shall pay processing fees per the city's latest fee schedule. 32. 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 and Hillside Drive along the property frontage for a half street width of 30-feet. Public improvements shall include but are not limited to paving, base, sidewalks, curbs and gutters, grading, clearing and grubbing, undergrounding or relocation of utilities, street lights, pedestrian ramp, retaining walls. Grading 33. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports as required by city engineer, post security and pay all applicable grading plan review and permit fees per the city's latest fee schedule. 34. This project may require off site grading. No grading for private improvements shall occur outside the project unless developer obtains, records, and submits a recorded copy, to the city engineer, a temporary grading, construction or slope easement or agreement from the owners of the affected properties. If developer is unable to obtain the temporary grading or slope easement, or agreement, no grading permit will be issued. In that case developer must either apply for and obtain an amendment of this approval or modify the plans so grading will not occur outside the project and apply for and obtain a finding of substantial conformance and/or consistency determination from both the city engineer and city planner. 35. If shoring walls are required, concurrent with the grading plans Developer shall include shoring plans as part of the grading plans to the satisfaction of the city engineer. Structural calculations for all shoring shall be submitted for review and approval by the Land Development Engineering division. Developer shall pay all deposits necessary to cover any 3rd party review. CDP 2022-0025/ MS 2023-0001-MADDOX SUBDIVISION September 22, 2023 Page 11 36. If non-standard retaining walls are required, concurrent with the grading plans Developer shall include retaining wall plans as part of the grading plans to the satisfaction of the city engineer. Structural calculations for all retaining walls shall be submitted for review and approval by the Land Development Engineering division. Developer shall pay all deposits necessary to cover any 3rd party review. Storm Water Quality 37. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 38. Developer shall complete and submit to the city engineer a Determination of Project's SWPPP Tier Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) to the satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 39. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc) incorporate all source control, site design, pollutant control BMP and applicable hydromodification measures. 40. Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form. Developer is responsible to ensure that all final design plans, grading plans, and building plans incorporate applicable best management practices (BMPs). These BMPs include site design, source control and Low Impact Design (LID) measures including, but not limited to, minimizing the use of impervious area (paving), routing run-off from impervious area to pervious/landscape areas, preventing illicit discharges into the storm drain and adding storm drain stenciling or signage all to the satisfaction of the city engineer. Dedications/Improvements 41. Developer shall cause owner to dedicate to the city and/or other appropriate entities for the public street & public utility purposes as shown on the site plan. The offer shall be made by a certificate on the parcel map or separate recorded document. All land so offered shall be free and clear of all liens and encumbrances and without cost to the city. Streets that are already public are not required to be rededicated. Additional easements may be required at final design to the satisfaction of the city engineer. 42. Developer shall design the private drainage systems, as shown on the site plan to the satisfaction of the city engineer. All private drainage systems (12" diameter storm drain and larger) shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. CDP 2022-0025/ MS 2023-0001-MADDOX SUBDIVISION September 22, 2023 Page 12 43. Prior to any work in city right-of-way or public easements, Developer shall apply for and obtain a right- of-way permit to the satisfaction of the city engineer. 44. Developer shall prepare and process public improvement plans and, prior to city engineer approval of said plans, shall execute a city standard Subdivision Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements shown on the site plan. Said improvements shall be installed to city standards to the satisfaction of the city engineer. These improvements include, but are not limited to: A. Install sewer laterals in Hillside Drive. B. Install potable water service lines and meters in Hillside Drive. C. Install driveways. D. AC grind and overlay. E. Sidewalk underdrains. Additional public improvements required in other conditions of this resolution are hereby included in the above list by reference. Developer shall pay the standard improvement plan check and inspection fees in accordance with the fee schedule. Improvements listed above shall be constructed within 36 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 45. Developer is responsible to ensure all existing overhead utilities servicing the subject property are to be undergrounded as shown on the Site Planand to the satisfaction ofthe city engineer. No new or relocated utility poles are allowed. 46. Developer is responsible to ensure utility transformers or raised water backflow preventers that serve this development are located outside the right-of-way as shown on the Site Plan and to the satisfaction of the city engineer. These facilities shall be constructed within the property. Non-Mapping Notes 47. Add the following notes to the final map as non-mapping data: A. Developer has executed a city standard Subdivision Improvement Agreement and has posted security in accordance with C.M.C. Section 20.16.070 to install public improvements shown on the site plan. These improvements include, but are not limited to: 1) Install sewer laterals in Hillside Drive. 2) Install potable water service lines and meters in Hillside Drive. 3) Install driveways. 4) AC grind and overlay. 5) Sidewalk underdrains. B. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. CDP 2022-0025/ MS 2023-0001-MADDOX SUBDIVISION September 22, 2023 Page 13 Utilities C. Geotechnical Caution: 1) Slopes steeper than two parts horizontal to one part vertical exist within the boundaries of this subdivision. 2) 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. D. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to encroach within the area identified as a sight distance corridor as defined by City of Carlsbad Engineering Standards or line-of-sight per Caltrans standards. E. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the drainage system or other improvements identified in the city approved development plans; or by the design, construction or maintenance of the drainage system or other improvements identified in the city approved development plans. F. There are no public park or recreational facilities to be located in whole or in part within this subdivision. The subdivider is therefore obligated to pay park-in-lieu fees in accordance with section 20.44.050 of the Carlsbad Municipal Code and has either paid all of said park in-lieu fees or agreed to pay all of said park-in-lieu fees in accordance with section 20.16.070 of the Carlsbad Municipal Code. 48. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. 49. The developer shall agree to design landscape and irrigation plans utilizing recycled water as a source and prepare and submit a colored recycled water use map to the Planning Department for processing and approval by the district engineer. 50. Developer shall install potable water and/or recycled water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public improvement plans. 51. The developer shall agree to install sewer laterals and clean-outs at locations approved by the city engineer. The locations of sewer laterals shall be reflected on public improvement plans. 52. Water service lines shall be installed per City Standards W-13 or W-14 as applicable. CDP 2022-0025/ MS 2023-0001-MADDOX SUBDIVISION September 22, 2023 Page 14 Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 53. Some improvements shown on the tentative map and/or required by these conditions are located offsite on property which neither the city nor the owner has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The developer shall 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. CDP 2022-0025/ MS 2023-0001-MADDOX SUBDIVISION September 22, 2023 Page 15 NOTICE This decision may be appealed by you or any member of the public to the Planning Commission within ten (10) calendar days of receipt of this letter. Appeals must be submitted in writing to the Planning Commission at 1635 Faraday Avenue in Carlsbad, along with a payment of $900.00. The filing of such appeal within such time limit shall stay the effective date of the order of the City Planner until such time as a final decision on the appeal is reached. Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. If you have any questions regarding this matter, please feel free to contact Mike Strong at (442) 339-2721 or by email at mike.strong@carlsbadca.gov. Sincerely, ;n{)s Mike Strong Assistant Director of Community Development MS:ES c: Linda Ontiveros, Project Engineer Laserfiche/File Copy Data Entry