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HomeMy WebLinkAboutMS 05-10; Chehade Minor Subdivision; Minor Subdivision (MS)City of Carlsbad Public Works July 16, 2007 NOTICE OF APPROVAL OF TENTATIVE PARCEL MAP MINOR SUBDIVISION NO. MS 05-10 Notice is hereby given that a Tentative Parcel Map has been approved on property generally located between Eucalyptus Lane and El Camino Real in Local Facilities Management Zone 1 and more particularly described as a portion of Lot 1 of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896. Also being Parcel B of the City of Carlsbad Certificate of Compliance for Adjustment Plat No. 03-17, recorded January 21, 2005, as Doc. No. 2005-0054768. The project involved is described as subdividing one residential lot into three residential lots. APPLICANT: Khaled Chehade, Trustee STATEMENT OF THE MATTER: Per City of Carlsbad Code Section 20.24.140(b) and the California Subdivision Map Act Section 66452.5(d) any interested person adversely affected by this decision of the City Engineer may appeal it to the City Council. An appeal to the City Council must be filed at the City Clerk's Office and the appeal fee amount listed in the most recent edition of the Carlsbad "Community Development Fees" schedule must be paid. The appeal must be filed with the City Clerk in writing within 10 days of the date of the final approval letter (Attached). If you wish to file an appeal, please contact the City Clerk's office in person. If you have any questions regarding this matter, please do not hesitate to contact Tecla Levy at (760) 602 2733. DAVID A. MAUSER Deputy City Engineer Attachment: reduced copy of the Tentative Parcel Map C: File, #3R Management Analyst, Planning 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (76O) 602-2730 • FAX (76O) 602-8562 City of Carlsbad Public Works July 9, 2007 Khaled Chehade, Trustee 1362 Sugarbrush Drive Vista, CA 92084 MS 05-10, CHEHADE MINOR SUBDIVISION The City Engineer has made a preliminary decision, pursuant to Section 20.24.120 of the City of Carlsbad Municipal Code, to approve the Tentative Parcel Map of the subject minor subdivision subject to the conditions listed below. NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed Tentative Parcel map, must be met prior to approval of a Parcel Map, building permit, or grading permit, whichever occurs first. General 1. 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. 2. This approval is granted subject to approval of SUP 05-12, CDP 05-49, HDP 05-10 and PCD 05-03 and is subject to all conditions contained in Planning Commission Resolutions No. 6208, 6209, 6210, and 6211. 3. Developer shall submit to the City Engineer, a reproducible 24" x 36", mylar copy of the tentative map and a digital copy of said map (in AutoCAD format, latest version) reflecting the conditions approved by the final decision making body and any applicable coastal commission approvals. The reproducible shall be submitted to the City engineer, reviewed and, if acceptable, 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 digital file copy shall be submitted in a format as approved by the City Engineer. 4. 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 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-2730 • FAX (760) 602-8562 MS 05-10 Chehade Minor Subdivision July 9, 2007 Page 2 of 6 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. 5. 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. 6. There shall be one Final Map recorded for this project. Fees/Agreements 7. All fees and deposits shall be paid prior to approval of the Parcel Map. 8. 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. 9. 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. 10. Prior to approval of any grading or building permits for this project, Developer shall cause Owner to give written consent to the City Engineer for 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 and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the City Engineer. Grading 11. Based upon a review of the proposed grading and the grading quantities shown on the Tentative Parcel 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. 12. This project requires off site grading and construction of the proposed retaining wall extending past the Northwest corner of Proposed Parcel 3. Should a change in current ownership occurs, 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 MS 05-10 Chehade Minor Subdivision July 9, 2007 Page 3 of6 Engineer and Planning Director. 13. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer receipt of a Notice of Intention from the State Water Resources Control Board. 14. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit and the City's Standard Urban Storm Water Mitigation Plan (SUSMP). 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. 15. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Pollution Prevention Plan (SWPPP)." The SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of the project. Dedications/Improvements 16. Prior to issuance of building permits, grading permit or parcel map approval, whichever occurs first, Developer shall enter into a City standard Local Improvement District Agreement to pay fair share contributions for undergrounding of all existing overhead utilities and installation of street lights, as needed, along the subdivision frontage, should a future district be formed. MS 05-10 Chehade Minor Subdivision July 9, 2007 Page 4 of6 17. 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. 18. Developer shall execute a City standard Subdivision Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on the tentative map. These improvements include, but are not limited to paving, base, signing & striping, sidewalks, curbs and gutters, medians, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights, pedestrian ramps, drainage structures, and best management practices for stormwater treatment, retaining walls and reclaimed water. Said improvements shall be installed to City Standards to the satisfaction of the City Engineer. More specifically, these improvements include: A) Eucalyptus Lane improvements to include driveways, sidewalk, and water & sewer services as shown on Tentative Parcel Map. B) £1 Camino Real improvements to include: a. Full half-width improvements of El Camino Real to Prime Arterial Road standards, along the project frontage, including all necessary transitions to existing improvements. b. Full Median landscape, hardscape and irrigation improvements along half of the project frontage. 19. The developer may request to pay a fair share contribution to the City for the construction of the El Camino Real Improvements in lieu of the construction requirement of condition No. 18 (B) above. Approval of any such request will be at the discretion of the City Council. The above options shall be placed on an additional map sheet on Parcel Map per provisions of section 66434.2 of the Subdivision Map Act. If condition 18 (B) is chosen, the improvements listed above shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other times as provided in the said agreement. 20. Prior to the recordation of the final map and issuance of a grading permit, the developer shall complete the vacation of the excess Right-of-Way as shown on the Tentative Parcel Map. 21. Developer shall cause Owner to waive direct access rights on the final for all lots abutting El Camino Real. MS 05-10 Chehade Minor Subdivision July 9,2007 Page 5 of 6 Final Map Notes Add the following notes to the Parcel Map as non-mapping data. 22. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. 23. Geotechm'cal Caution: 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. Fire 24. Developer shall install combination of fire and domestic service for parcels 2 and 3 to accommodate the required building sprinkler systems to the satisfaction of the Fire Marshall. Carlsbad Municipal Water District 25. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. 26. The Developer shall install potable water meters at locations approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. 27. The Developer shall install sewer laterals and clean-outs at locations approved by the District Engineer. The locations of sewer laterals shall be reflected on public improvement plans. 28. The Developer shall provide separate potable water meters for each separately owned unit. Code Reminders A) Developer shall comply with all applicable provisions of federal, state and local laws and regulations in effect at the time the grading or building permit is issued. B) 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. MS 05-10 Chehade Minor Subdivision July 9, 2007 Page 6 of 6 C) Developer shall pay the Agua Hedionda Local Drainage Area Fee prior to approval of the Parcel Map. D) Developer shall pay park-in-lieu fees to the City, prior to approval of the Parcel Map. E) The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the Tentative Parcel Map are for planning purposes only. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. F) Developer shall exercise special care during the construction phase of this project to prevent off-site siltation. Planting and erosion control measures shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. If any condition for construction of any public facilities, or 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 Engineer determines that the Project without this condition complies with the requirements of the law. The applicant may request a review of the preliminary conditions within ten (10) days of the date of this approval. The request must b e submitted in writing to the City Engineer in accordance with Section 20.24.120 through 140 of the Carlsbad Municipal Code. The City Engineer has reviewed each of the exactions imposed on 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 exactions is in rough proportionality to the impact caused by the project. Sincerely, David A. Hauser Deputy City Engineer C: File John O'Donnell, Senior Civil Engineer Tecla Levy, Associate Engineer