HomeMy WebLinkAboutCT 98-12; Magnolia Gardens; Tentative Map (CT) (34)fecjs.r
November 22,1999
TO: SENIOR PLANNER - DON NEU
FROM: Associate Engineer Jimeno
CT 98-12: MAGNOLIA GARDENS - REVISED CONDITIONS
The Engineering Department has completed its review of the revised subject project. The
Engineering Department is recommending that the project be approved subject to the following
conditions:
General
42. NOTE: Unless specifically stated in the condition, all of the following
engineering conditions upon the approval of this proposed major
subdivision must be met prior to approval of a final map.
38. 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.
39. There shall be one final subdivision map recorded for this project.
43. 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 with the CC&Rs subject to the approval of the City Engineer.
45. 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.
46. Prior to hauling dirt or construction materials to or from any proposed construction site within
this project, the developer shall submit to and receive approval from the City Engineer for the
proposed haul route. The developer shall comply with all conditions and requirements the City
Engineer may impose with regards to the hauling operation.
48. The developer shall provide for sight distance corridors at all street intersections in accordance
with Engineering Standards and shall record the following statement on the Final Map (and in the
CC&R's).
"No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the
street level may be placed or permitted to encroach within the area identified as a sight
distance corridor in accordance with City Standard Public Street-Design Criteria, Section
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8.B.3. The underlying property owner shall maintain this condition."
Fees/Agreements
50. The developer shall pay all current fees and deposits required.
51. The owner of the subject property shall execute an agreement holding the City harmless
regarding drainage across the adjacent property.
52. The owner shall enter into a lien contract for the future public improvement of Highland Drive
along the subdivision frontage for a half street width of 30 feet. Public improvements shall
include, but not be limited to, paving, base, sidewalks, curbs and gutter, medians, grading,
clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street
lights and retaining walls.
55. The owner shall execute a hold harmless agreement for geologic failure.
56. 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 plan into the
existing City of Carlsbad Street Lighting and Landscaping District No. 1 on a form provided by
the City.
Grading
58. 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. The developer must submit and receive
approval for grading plans in accordance with city codes and standards prior to issuance of a
building permit for the project.
59. Prior to the issuance of a grading permit or building permit, whichever occurs first, the developer
shall submit proof that a Notice of Intention has been submitted to the State Water Resources
Control Board.
60. Upon completion of grading, the developer shall ensure that an "as-graded" geologic plan is
submitted to the City Engineer. The plan shall clearly show all the geology as exposed by the
grading operation, all geologic corrective measures as actually constructed and must be based on
a contour map which represents both the pre and post site grading. This plan shall be signed by
both the soils engineer and the engineering geologist. The plan shall be prepared on a 24" x 36"
mylar or similar drafting film and shall become a permanent record.
61. 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 map
or modify the plans so grading will not occur outside the project site in a manner which
substantially conforms to the approved tentative map as determined by the City Engineer and
Planning Director.
Dedications/Improvements
63. 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
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City Engineer.
64. 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 map. The offer shall be made by a
certificate on the final 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.
67. Direct access rights for lots 9 and 10 abutting Street "C" shall be waived on the final map.
69. The drainage system shall be designed to ensure that runoff resulting from 10-year frequency
storms of 6 hours and 24 hours duration under developed conditions, are equal to or less than the
runoff from a storm of the same frequency and duration under existing developed conditions.
Both 6 hour and 24 hour storm durations shall be analyzed to determine the detention basin
capacities necessary to accomplish the desired results.
70. The developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System (NPDES) permit. The developer shall provide 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 approved by 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.
71. Plans, specifications, and supporting documents for all public improvements shall be prepared to
the satisfaction of the City Engineer. In accordance with City Standards, the developer shall
install, or agree to install and secure with appropriate security as provided by law, improvements
shown on the tentative map and the following improvements:
A. Street "A" full improvements where project fronts on both sides of the street,
and half street plus 12 feet improvements and full width grading where project
fronts on one side of the street.
B. Street "B" half street plus 12 feet street improvements.
C. Street "C" full street improvements.
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D. Half street improvements at Valley Street.
E. Half street improvements at Magnolia Street.
F. Storm drain system from Valley Street to existing storm drain in Street "A".
A list of the above improvements shall be placed on an additional map sheet on the final map per
the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above shall
be constructed within 18 months of approval of the secured improvement agreement or such
other time as provided in said agreement.
72. The developer shall install street lights along all public and private street frontages in
conformance with City of Carlsbad Standards.
73. The developer shall install sidewalks along all public streets abutting the project in conformance
with City of Carlsbad Standards prior to occupancy of any buildings.
74. Prior to occupancy of any buildings, the developer shall install wheelchair ramps at the public
street corners abutting the subdivision in conformance with City of Carlsbad Standards.
76. The design of all private streets and drainage systems shall be approved by the City Engineer.
The structural section of all private streets shall conform to City of Carlsbad Standards based on
R-value tests. All private streets and drainage systems shall be inspected by the City. The
standard improvement plan check and inspection fees shall be paid prior to approval of the final
map for this project.
Final Map Notes
78. Notes to the following effects shall be placed on the final map as non-mapping data:
78.A. The owner of this property on behalf of itself and all of its successors in interest
has agreed to hold harmless and indemnify the City of Carlsbad from any action
that may arise through any geological failure, ground water seepage or land
subsidence and subsequent damage that may occur on, or adjacent to, this
subdivision due to its construction, operation or maintenance.
78.B. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above
the street level may be placed or permited to encroach within the area identified
as a sight distance corridor in accordance with City Standard Public Street-
Design Criteria, Section 8.B.3. The underlying property owner shall maintain
this condition.
Code Reminder
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
79. The 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 the Carlsbad
Municipal Code and the City Engineer.
80. Some improvements shown on the tentative map and/or required by these conditions are located
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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 conform
to Section 20.16.095 of the Carlsbad Municipal Code.
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