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HomeMy WebLinkAboutMS 06-07; La Costa Oaks North 3.2 RV Lot; Minor Subdivision (MS)City of Carlsbad Public Works February 22, 2007 Real Estate Management Company 1903 Wright Place, Suite 180 Carlsbad, CA 92008, PROPOSED MINOR SUBDIVISION NO. MS 06-07: La Costa Oaks North 3.2 RV Lot Whereas a review of the conditions of the letter of preliminary approval was waived in a letter from the applicant dated 2-20-07; and whereas the requirements of the California Environmental Quality Act and the City of Carlsbad Environmental Protection Ordinance of 1973 relating to the subject proposed parcel map have been examined by the Planning Director and declared to have a non-significant impact upon the environment; and whereas negative findings delineated by Section 20.24.130 of the Carlsbad Municipal Code have not been made; and whereas this minor subdivision is found to be in conformity with the General Plan of the City of Carlsbad; therefore, a final decision has been made to approve the subject tentative parcel map subject to the conditions set forth in the preliminary approval letter. DAVID HAUSER, P.E. Deputy City Engineer Development Services Division RJW:cs File Project Engineer, Chris Scobba Senior Office Specialist Project Planner, Corey Funk File: CUP 05-06 #1R 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-2730 • FAX (760) 6O2-8562 City of Carlsbad Public Works - Engineering Date: 02/22/2007 NOTICE OF APPROVAL OF TENTATIVE PARCEL MAP MINOR SUBDIVISION NO. MS 06-07 Notice is hereby given that a Tentative Parcel Map (MS 06-07) has been approved on property generally located at the NE Corner of Rancho Santa Fe Rd and San Elijo Road and more particularly described as Lots 210 & 216 of CT 99-04 per FM 15318. The project involved is described as La Costa Oaks North 3.2 RV Lot and proposes a four lot subdivision, including two open space lots. APPLICANT: Real Estate Management Company 1903 Wright Place, Suite 180 Carlsbad, CA 92008, 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 Clerks 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 Clerks office in person. If you have any questions or comments, please do not hesitate to contact Chris Scobba of our office at (760) 602- 2747. DAVID HAUSER, P.E. Deputy City Engineer Development Services Division RJW:cs Attachment c: File Project Engineer, Chris Scobba Senior Office Specialist Project Planner, Corey Funk File: CUP 05-06 #1R 1635 Faraday Avenue - Carlsbad, CA 92008-7314 • (760) 602-2720 • FAX (760) 6O2-8562 City of Carlsbad Public Works — Engineering February 20,2007 Real Estate Management Company 1903 Wright Place, Suite 180 Carlsbad, CA 92008 MINOR SUBDIVISION (MS) PRELIMINARY CONDITIONS OF APPROVAL FOR LA COSTA OAKS NORTH 3.2 RV LOT (MS 06-07) 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 for the subject minor subdivision, subject to the conditions listed below. The preliminary conditions are: ENGINEERING CONDITIONS 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. General 1. This 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. 2. Developer shall submit to the City Engineer, a reproducible 24" x 36", mylar copy of the Tentative Parcel Map and a digital copy of said map (in AutoCAD format, latest version) reflecting the conditions approved by the final decision making body . 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, Parcel Map, improvement or grading plans, whichever occurs first. The digital file copy shall be submitted in a format as approved by the City Engineer. 3. The Parcel Map shall comply with the Planning Department memorandum for Minor Subdivision No. MS 06-07 as well as the Planning Commission conditions contained in the resolutions of approval for CUP 05-06. Approval of this project is subject the approval of CUP 05-06 and the conditions contained in the resolutions of approval for said project. 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 Government Code Section 66499.37. File: MS 06-07 #2R Page 1 of 5 1635 Faraday Avenue • Carlsbad, CA 92OO8-7314 • (76O) 6O2-272O • FAX (760) 602-8562 5. Unless specifically allowed, no variance from City Standards is authorized by virtue of approval of this Tentative Parcel Map. 6. Developer shall provide to the City Engineer, an acceptable means, CC&R's and/or other recorded document, for maintaining the private easements within the subdivision and all the private improvements: private drainage improvements and permanent post-construction BMP(s), located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. 7. There shall be one Parcel Map recorded for this project. Fees/Agreements 8. All fees and deposits shall be paid prior to approval of the Parcel Map. 9. Prior to Parcel Map approval 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 discharged from Parcel 1 and through Parcel 2. 10. Prior to Parcel Map approval Developer shall cause property owner to process, execute and submit an executed copy to the City Engineer for recordation a City standard Best Management Practice (BMP) Maintenance Agreement for the perpetual maintenance of all treatment control and applicable site design and source control, post-construction permanent BMP's prior to the issuance of a grading permit, building permit or recordation of a map, whichever occurs first for this Project. Grading 11. 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 the maximum extent practicable (MEP) prior to discharge from the property. 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. File: MS 06-07 #2R Page 2 of 5 c. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. Dedications/Improvements 12. The Developer shall design and construct public water facilities substantially as shown on the Tentative Parcel Map to the satisfaction of the District Engineer. Proposed public facilities shall be reflected on public improvement plans. 13. Developer shall cause Owner to execute a covenant of easement for private reciprocal access and maintenance as shown on the Tentative Parcel Map. The obligation to execute and record the covenant of easement shall be shown and recording information called out on the Parcel Map. Developer shall provide City Engineer with proof of recordation prior to building permit. 14. Developer shall cause Owner to dedicate to the City and/or other appropriate entities for public utility easement and other easements shown on the Tentative Parcel Map. All offers to entities other than the City of Carlsbad shall be made on a document separate from the Parcel Map and recorded prior to Parcel Map Approval. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. 15. 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. Utilities 16. The Developer shall meet with and obtain approval from the Vallecitos Water District regarding fire services or potable and recycled water infrastructure available or required to serve this project. 17. Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. 18. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the District Engineer has determined that adequate water and sewer facilities are available at the time of occupancy. A note to this effect shall be placed on the Parcel Map as non-mapping data. 19. The Developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the Tentative Parcel Map to the satisfaction of the District Engineer. File: MS 06-07 #2R Page 3 of 5 Parcel May Notes 20. Developer shall show on the Parcel Map net developable acres for each parcel. 21. Note(s) to the following effect(s) shall be placed on the Parcel 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. Special Conditions 22. Prior to Parcel Map approval Developer shall dedicate by covenant of easement a reciprocal access and maintenance easement over parcel 2 and for the benefit of Parcel 1, as shown on the Tentative Parcel Map inclusive of the proposed sidewalk and driveway in parcel 2 that serve Parcel 1. 23. Prior to Parcel Map recordation Developer shall vacate those portions of open space dedicated over Lot 216 per Final Map 15318 that are no longer required or necessary and outside proposed open space Parcels 3 and 4 as delineated on the Tentative Parcel Map. 24. Prior to Parcel Map recordation Developer shall vacate the temporary construction easement over and across Lot 210 per Final Map 15318 unless the terms of the recordation have been otherwise satisfied and the dedication terminated by the recordation of the Notice of Completion for Rancho Santa Fe Road, Phase 2, Project 3907. 25. 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; Code Reminder 26. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time building permits are issued, including but not limited to the following: a) All Development within Local Facilities Management Plan (LFMP) Zone 11 shall conform to the provisions of Section 21.90 of the City of Carlsbad Municipal Code and to the provisions of the LFMP. b) 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. c) 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 File: MS 06-07 #2R Page 4 of5 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 this Project without this condition complies with the requirements of the law. d) The applicant may request a review of the preliminary conditions within ten (10) days of the date of this approval. The request must be 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 exaction is in rough proportionality to the impact caused by the project. Sincerely, David A. Hauser Deputy City Engineer Development Services Division File Chris Scobba, Associate Engineer Corey Funk, Assistant Planner File: MS 06-07 #2R Page 5 of 5