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