HomeMy WebLinkAboutHDP 97-21; Chapa Gaynor Minor Subdivision; Hillside Development Permit (HDP) (4)MARCH 19,1998
William R. Gaynor & Dottie Gaynor
Ernest0 Chapa & Lorie A. Chapa
2319 Littler Ln.
Oceanside Ca 92056
PROPOSED MINOR SUBDIVISION NO. 97 - 15
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.
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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.
The parcel map shall comply with the Planning Department memorandum for Minor
Subdivision No. 97-1 5, dated 3-1 9-1 998 (Attached Hereto).
The parcel map shall comply with the Carlsbad Municipal Water District memorandum
for Minor Subdivision No. 97-15, dated 3-1 1-1998 (Attached Hereto).
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.
The developer shall submit proof of a Coastal Development Permit signed and
acknowledged by the developer.
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.
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 Ci
2075 Las Palmas Dr. - Carlsbad, CA 92009-:~%7~0) 438-1 161 FAX (760) 431-5769 @
MINOR SUBDIVISION ; I -15: Chapa / Gaynor
8. Rain gutters must be provided to convey roof drainage to an approved drainage course
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or street to4he satisfaction of the City Engineer.
9. The net developable acres shall be shown for each parcel.
IO. The developer shall pay all current fees and deposits required.
11. The owner shall execute a hold harmless agreement for geologic failure.
12. The owner shall record a deed restriction on the property which relates to the proposed
cross lot drainage 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. 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.
13. The owner of the subject property shall execute an agreement holding the City harmless
regarding drainage across the adjacent property.
14. 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.
15. 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.
16. 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.
17. 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.
18. The owner shall make an offer of dedication to the City for all public streets and
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MINOR SUBDIVISION >, -15: Chapa / Gaynor
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easements required by these conditions or shown on the tentative 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 already public are not required to be rededicated.
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.
Prior to issuance of building permits, the developer shall underground all existing
overhead utilities within the subdivision boundary.
Plans, specifications and supporting documents for all improvements shall be prepared
to the satisfaction of the City Engineer. The developer shall install, or agree to install '
and secure with appropriate security as provided by law, improvements shown on the
tentative parcel map and the following improvements to City Standards to the
satisfaction of the City Engineer:
1. !/2 street improvements to Harrison Street including off site transitions as
required.
2. Sewer Main modifications and access requirements to the existing 24"
sewer main along the southern boundary of this project, and as required
by CMWD
A list of the above 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.
Harrison Street shall be dedicated by the owner along the subdivision frontage based on
a centerline to right-of-way width of 24 feet in conformance with City of Carlsbad
Standards. The offer shall be made by a Certificate on the Parcel Map. 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.
The owner shall grant a covenant of easement for joint access and drainage as shown
on the tentative parcel map. The covenant of easement shall be shown and recording
information called out on the parcel map.
Notes tothe following effect shall be placed on the parcel map as non-mapping data:
All improvements are private and are to be privately maintained with the exception of the
following:
1. Public street improvements to Harrison Street within the proposed right
of way, as shown on the tentative parcel map.
2. Modifications and improvements to the existing 24" sewer main along
the southerly boundary of this project and as required by CMWD
Building permits will not be issued for development of the subject property unless the
District Engineer determines that sewer facilities are available.
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MINOR SUBDIVISION ~ . -15: Chapa / Gaynor
c 25.C. Geotechnical Caution:
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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.
25.D. 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
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:
26. 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.
27. 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.
28. 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 conform to Section 20.16.095 of the Carlsbad Municipal Code.
29. 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.
30. All concrete terrace drains shall be maintained by the homeowner's association (if on
commonly owned property) or the individual property owner (if on an individually owned
lot). An appropriately worded statement clearly identifying the responsibility shall be
placed in the CC&Rs (if maintained by the Association) and on the Parcel Map.
31. Based upon a review of the proposed grading and the grading quantities shown on the
tentative map, a grading permit for this project appears to be 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.
32. 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
4 - MINOR SUBDIVISION - , -15: Chapa / Gaynor
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.
33. Drainage outfall end treatments for any drainage outlets where a direct access road for
maintenance purposes is not provided, shall be designed and incorporated into the
grading/improvement plans for the project. These end treatments shall be designed so
as to prevent vegetation growth from obstructing the pipe outfall. Designs could consist
of a modified outlet headwall consisting of an extended concrete spillway section with
longitudinal curbing and/or radially designed rip-rap, or other means deemed
appropriate, as a method of preventing vegetation growth directly in front of the pipe
outlet, to the satisfaction of the Community Services Director and the City Engineer.
The developer may request a review of the preliminary decision with the City Engineer in writing
within ten (IO) 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 exaction's imposed an the developer contained in
these conditions of approval, and hereby finds, in this case, that the exaction's 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, please contact Associate Engineer, Clyde Wickham at 438-1 161,
extension 4353.
ROBERT J. WOJCIK P.E.
Principal Civil Engineer - Land Development Section
c: CLYDE WICKHAM Associate Engineer - Land Development Section
GREG FISHER -Assistant Planner