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Home My WebLink AboutCP 99-01; Monterey; Condo Permit (CP) (11)City of Carlsbad Public Works — Engineering July 20,1999 Mr. David Jacinto Sierra Linda Development 219 Meadow Vista Way Encinitas, CA 92024 PROPOSED MINOR SUBDIVISION NO. MS 99-01, Monterey Four Unit Condominium Subdivision A preliminary decision has been made, pursuant to Section 20.24.120 of the City of Carlsbad Municipal Code, to approve the tentative parcel map of the proposed minor subdivision subject to conditions that follow in this letter. Unless specifically stated in the condition, all of the following conditions, upon the approval of this tentative parcel map, must be met prior to approval of a final parcel map. 1. Approval of MS 99-01 is granted subject to the approval of CP 99-01. MS 99-01 is subject to all conditions contained in CP 99-01 for the Condominium Permit. 2. Prior to issuance of any building permit, the developer shall comply with the requirements of the City's anti-graffiti program for wall treatments if and when such a program is formerly established by the City. 3. The developer shall provide the City with the approved tentative parcel map. The map shall be to scale on a reproducible 24" x 36" xerox mylar or photo mylar. It shall reflect the conditions of approval by the City. The reproducible shall be submitted to the City Engineer, reviewed and signed by the City's project engineer and project planner prior to submittal of the building plans, final map, improvement or grading plans, whichever occurs first 4. The developer shall defend, indemnify and hold harmless the City and its agents, officers, and employees from any claim, action or proceeding against the City or its agents, officers, or employees to attack, set aside, void or null an approval of the City, the Planning Commission or City Engineer which has been brought against the City within the time period provided for by Section 66499.37 of the Subdivision Map Act. 5. The net developable acres shall be shown for each parcel. 6. The developer shall pay all current fees and deposits required. 7. The developer shall provide an acceptable means for maintaining the private easements within the subdivision and all the private: streets, sidewalks, street lights, storm drain facilities and sewer facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. Adequate provision for such maintenance shall be included in a recorded document subject to the approval of the City Engineer. 8. The owner of the subject property shall execute an agreement holding the City harmless 2O75 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (76O) 431-5769 July 20, 1999 MS 99-01, Monterey Four Unit Condominium Subdivision regarding drainage across the adjacent property. 9. Prior to approval of any grading or building permits for this project, the owner shall give written consent to the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 on a form provided by the City. 10. The owner shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the tentative parcel map. The offer shall be made by a certificate on the final map for this project. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. 11. Additional drainage easements may be required. Drainage structures shall be provided or installed prior to or concurrent with any grading or building permit as may be required by the City Engineer. 12. Rain gutters must be provided to convey roof drainage to the front of the lot towards Navarra Drive. Rain gutter and down spout locations shall be shown on the building plans. If any roof drainage is directed to the rear of the property, a hydrology study must be completed to the satisfaction of the City Engineer prior to the issuance of building permit. 13. The owner shall execute a hold harmless agreement for geologic failure. 14. No grading for private improvements shall occur outside the limits of the subdivision unless a grading or slope easement or agreement is obtained from the owners of the affected properties and recorded. If the developer is unable to obtain the grading or slope easement, or agreement, no grading permit will be issued. In that case the developer must either amend the tentative parcel map or modify the plans so grading will not occur outside the project site in a manner which substantially conforms to the approved tentative parcel map as determined by the City Engineer and Planning Director. 15. The project is approved under the express condition the developer pay the additional public facilities fee in accordance with City Council Resolution No. 9169 adopted July 28, 1987 and as amended from time to time. The developer further agrees to pay any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code. The developer's written agreement to pay said fees is on file with the office of the City Clerk and is incorporated herein by this reference. If the fees are not paid, this application will not be consistent with the General Plan and approval for this project shall be void. 16. Prior to the issuance of building permits, a right-of-way permit must be approved for issuance for the removal and replacement of sidewalk, curb and gutter which fronts the subject property. Applicant of said right-of-way permit must be the contractor of work. Parcel Map Notes 17. Note(s) to the following effect(s) shall be placed on the parcel map as non-mapping data: 17a. Building permits will not be issued for development of the subject property unless the District Engineer determines that sewer facilities are available. July 20,1999 MS 99-01, Monterey Four Unit Condominium Subdivision 17.b. Geotechnical Caution: 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. Code Reminder 18. 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. 19. The project is approved under the express condition the developer pay the additional public facilities fee in accordance with City Council Resolution No. 9169 adopted July 28, 1987 and as amended from time to time. The developer further agrees to pay any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code. The developer's written agreement to pay said fees is on file with the office of the City Clerk and is incorporated herein by this reference. If the fees are not paid, this application will not be consistent with the General Plan and approval for this project shall be void. The developer may request a review of the preliminary decision with the City Engineer in writing within ten (10) days of the date of this letter. Upon such written request the City Engineer shall arrange a time and place with the developer for such review. The City Engineer has reviewed each of the exactions imposed on the developer contained in these conditions of approval, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and degree of the exaction is in rough proportionality to the impact caused by the project. If you have any questions regarding the engineering issues of concern, you may contact David Rick at telephone 438-1161, extension 4324. If you have any questions regarding planning issues, you may contact Barbara Kennedy at 438-1161 extension 4324. ROBERT J. WOJCIK Principle Civil Engineer c: (letter only) David Rick Barbara Kennedy