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HomeMy WebLinkAboutCT 99-10; Buerger; Tentative Map (CT) (39)CITY OF CARLSBAD ENGINEERING DEPARTMENT LAND USE REVIEW DECEMBER 26,2000 TO: SENIOR PLANNER - Anne Hysong FRQWI: Associate Engineer - Land Development Section VIA: Principal Civil Engineer- Land Development Section CT 99-10, CDP 99-17, HDP 99-08, LCPA 99-03, ZC 99-05: BUERGER PROJECT REPORT AND CONDITIONS TRANSMITTAL Engineering Department staff has completed the review of the above-referenced project and are recommending: X That the project be approved subject to the conditions as listed on the attached sheet. That the project be denied for the following reasons: X The following is a final Land Development Section project report for inclusion in the staff report for this project. LAND DEVELOPMENT SECTION Project Report PROJECT ID: CT 99- 10, CDP 99- 17, HDP 99-08, LCPA 99-03, ZC 99-05: PROJECT NAME: BUERGER LOCATION: East side of Black Rail Road, north of Aviara Parkway, south of Poinsettia Lane BRIEF DESCRIPTION : A 13 unit subdivision consisting of 12 Single Family lots and 1 open space lot. ENGINEERING ISSUES AND DISCUSSION: TRAFFIC AND CIRCULATION: Projected Average Daily Traffic (ADT): 120 - based on 10 trips per unit. A Traffic study was not required because of the small size and infill location. 1 SEWER: Sewer District: City of Carlsbad Sewer EDU's Required: 12 EDU's required (1) edu/dwelling x 12 dwellings = 12 EDU's Comment: Sewer facilities exist in Black Rail Road. The developer will extend the sewer main through this subdivision as part of the required onsite improvements. WATER: Water District: Carlsbad Municipal Water District GPD Required: 220 gpd/edu x 12edu's = 2420 GPD Comment: No major water issues are associated with this proposed project. SOILS & GRADING: Quantities: Cut: 10,000 cyFill: 15,400 cy Import: 5,400 cy Permit required: Yes Off-site approval required: Yes Hillside grading requirements met: Yes Comment: This subdivision is south of and adjacent to an undeveloped parcel with a similar grading condition and topography. The project has proposed an interim design of this boundary condition, which includes side slopes and a drainage swale that should be either removed, shared, or less in slope height when both parcels are developed. Because the final design of the adjacent parcel is uncertain at this time, a condition has been placed on this project to reserve a 15' grading easement to allow for a lesser impact and an opportunity to improve the interim condition. A note is also to be placed on the final map to advise potential homeowners of this condition. DRAINAGE AND EROSION CONTROL: Drainage basin: D Erosion Potential: Low Comment: There are no major drainage issues associated with this project. LAND TITLE: Conflicts with existing easement: None Easements dedication required: "A" Street and "B" Street will be dedicated as public Streets and will connect neighborhoods to the north and south. Site boundary coincides with land title: Yes 2 Comment: No major land title issues are associated with this project. IMPROVEMENTS: Off-site improvements: None Standard variance required: None Comment: No major improvement issues are associated with this proposed project. 6. NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed tentative map, must be met prior to approval of a final map, building permit or grading permit whichever occurs first. General 7. 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. 8. Prior to issuance of any building permit, Developer shall comply with the requirements of the City's anti-graffiti program for wall treatments if and when such a program is formally established by the City. 10. 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. 1. Developer shall provide to the City Engineer, an acceptable means, CC&R's or/and other recorded document, for maintaining the private easements within the subdivision and all the private improvements located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. 12. Prior to occupancy, Developer shall install rain gutters to convey roof drainage to an approved drainage course or street to the satisfaction of the City Engineer. 13. There shall be one Final Map recorded for this project. 16. Developer shall install sight distance corridors at all street intersections in accordance with Engineering Standards. Fees/Agreements 18. 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. 19. Developer shall cause property owner to execute, record and submit a recorded copy to the City Engineer, a deed restriction on the property which relates to the proposed cross lot drainage as shown on the tentative map. The deed restriction document shall be in a form acceptable to the City Engineer and shall: A. Clearly delineate the limits of the drainage course; B. State that the drainage course is to be maintained in perpetuity by the underlying property owner; and C. State that all future use of the property along the drainage course will not restrict, impede, divert or otherwise alter drainage flows in a manner that will result in damage to the underlying and adjacent properties or the creation of a public nuisance. 20. Developer shall cause property owner to apply for and obtain reapportionment of the assessments imposed on the subject project in accordance with law governing the associated Poinsettia Lane Bridge and Thourofare District, or the assessments must be paid in full. Developer shall pay all associated costs of said reapportionment. The application shall be submitted to the City Engineer with the application for the final map. New condition for B&TD... The City of Carlsbad is presently considering action to reform Bridge and Thoroughfare District No. 2 (B&TD#2) to finance cost increases incurred and/or estimated to complete the design and construction of Aviara Parkway and Poinsettia Lane within the boundaries of the district. Prior to approval of a final map or issuance of a building permit on the project site, whichever occurs first, the property owner shall enter into an agreement with the City whereby the owner/developer agrees not to oppose the reformation of B&TD#2 and further agrees to pay their project's fair share contribution for the B&TD#2 facilities in accordance with the fee schedule as may be adopted by the City Council upon reformation of B&TD#2. In the event building permits are issued in advance of the reformation of the district, the owner/developer shall post a cash deposit with the City in the amount of the proposed fee as estimated in the latest revision to the B&TD#2 Fee Study Report available at the time of building permit issuance. 22. 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. 23. The subject property is within the boundaries of Assessment District No. 88-1 (Alga Road). Upon the subdivision of land within the district boundaries, Owner may pass through assessments to subsequent owners only if the owner has executed a Special Assessment District Pass-through Authorization Agreement. Said Agreement contains provision regarding notice to potential buyers of the amount of the assessment and other provisions and requires Owner to have each buyer receive and execute a Notice of 4 Assessment and an Option Agreement. In the event that Owner does not execute the Authorization Agreement, the assessment on the subject property must be paid off in full by Owner prior to final map approval. Grading 24. Prior to the issuance of a grading permit or building permit, whichever occurs first, Developer shall submit to the City Engineer proof that a Notice of Intention for the start of work has been submitted to the State Water Resources Control Board. 26. This project requires off site grading. No grading for private improvements shall occur outside the limits of this approval unless Developer obtains, records and submits a recorded copy to the City Engineer a grading or slope easement or agreement from the owners of the affected properties. If Developer is unable to obtain the 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 from both the City Engineer and Planning Director. 27. 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 for the project.) ##. The owner shall grant an irrevocable 15' wide construction, drainage and slope easement along the north side of this project to accommodate future development. After completion of the adjacent development along the northern property line, the easement can be quitclaimed except for that portion to serve the ultimate design as mutually agreed to between future landowners. Coastal Conditions 28. If a Grading Permit is required, all grading activities shall be planned in units that can be completed by October 1st. Grading activities shall be limited to the "dry season", April 1st to October 1st of each year. Grading activities may be extended to November 15th upon written approval of the City Engineer, obtained in advance, and only if all erosion control measures are in place by October 1st. Dedications/Improvements 30. Developer shall cause Owner to execute a covenant of easement for cross lot drainage as shown on the tentative map the obligation to execute and record the covenant of easement shall be shown and recording information called out on the final map. Developer shall provide City Engineer with proof of recordation prior to issuance of building permit. 31. 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 map. The offer shall be made by a certificate on the final map. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Streets that already public are not required to be rededicated. 32. Additional drainage easements may be required. Developer shall dedicate and provide or install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit. 35. Developer shall cause Owner to waive direct access rights on the final map for all lots abutting Black Rail Road. Lot 5 shall waive access to Street "A" and lot 11 shall waive access rights to Street "B". 38. Prior to issuance of building permits, Developer shall underground all existing overhead utilities along the subdivision boundary. The regional overhead transmission system is specifically not part of this condition. This condition affects the wooden power poles and individual overhead electric or telephone or cable TV service runs from the pre-developed condition. 40. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit. 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 Mao Notes 46. Developer shall show on Final Map the net developable acres for each parcel. 47. Note(s) to the following effect(s) shall be placed on the map as non-mapping data A. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. B. 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 sight distance corridors. C. A 15' grading and drainage easement has been established along the north boundary of lots 1, 2, 4, 6, and lot 7. The intent of this easement is to allow for adjacent grading to occur and to reduce the slope and drainage impacts from this project. The grading that is approved as part of the tentative map (CT 99-10) for this project is considered an interim condition to be improved by the adjacent development. After completion of the adjacent development along the northern property line, the easement can be quitclaimed except for that portion to serve the ultimate design as mutually agreed to between future landowners. 6 Code Reminder The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 48. The tentative map shall expire twenty-four (24) months from the date this tentative map approval becomes final. 49. 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.