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