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HomeMy WebLinkAboutMS 13-08; Tierra La Costa; Minor Subdivision (MS).. • ••• . ~CARLSBAD Community & Economic Development April 23, 2014 Greg Goertzen 3466 Camino Michelle Carlsbad, CA 92009 www.carlsbadca.gov SUBJECT: MS 13-08/HDP 14-01/HMP 14-01-TIERRA LA COSTA-Request for approval of a Tentative Parcel Map (MS 13-08), Hillside Development Permit (HOP 14-01) and Habitat Management Plan .Permit (HMP 14-01); to subdivide an existing 1.02 acre parcel into two parcels at the northeast corner of Esfera Street and Venado Street, in the P-C Zone and in Local Facilities Management Zone 6. Dear Mr. Goertzen, The City Planner has completed a review of the application for a Tentative Parcel Map, Hillside Development Permit and Habitat Management Plan Permit located at the northeast corner of Esfera Street and Vena do Street. The City Planner has made a decision pursuant to Sections 20.24.120, 21.95.070 and 21.210.070 of the City of Carlsbad Municipal Code to approve this Tentative Parcel Map, Hillside Development Permit and Habitat Management Plan Permit based on the findings and subject to the conditions listed below. Findings: MS 13-08 1. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code and the State Subdivision Map Act, and will not cause serious public health problems, in that the RLM General Plan Land Use designation and the La Costa Master Plan (MP 149) allow for residential one-family lots a minimum of one-half acre in size. The lots being created satisfy all minimum requirements of MP 149 and Titles 20 and 21 regarding lot sizes and configuration and have been designed to comply with all other applicable regulations. 2. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for Residential Low-Medium (RLM) density development on the General Plan, in that the subject property is surrounded by existing single-family homes on similar sized lots. The subdivision of the original1.02 acre lot results in two one-half acre lots that would provide for two single-family homes which would result in a project density of 2.27 dwelling units per acre (du/ac) which is within the density range allowed by the RLM designation {0-4 du/ac) and below the Growth Management Control Point (3.2 du/ac). · · . Planning Division ~·'----------------------------------------------------...., 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® MS 13-08/HDP 14-01/HMP 14-01-TIERRA LA COSTA April 23, 2014 Pa e 2 3. · That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed, in that the proposed subdivision meets all development standards and design criteria required by the La Costa Master Plan (MP 149) and the underlying R-1 zone for the creation of two standard lots including but not limited to requirements for access, minimum lot size, lot width and setbacks. . 4. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that the developer has delineated and preserved on the parcel map, all existing easements of record. 5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 6. That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that the lots are approximately one-half acre in size, and future structures have flexibility in design to take advantage of shade or prevailing breezes. 7. That the City Planner has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the City and available fiscal and environmental resources and the project has been conditioned to pay housing in-lieu fees. 8. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish and wildlife or their habitat, in that the proposed. development is conditioned to pay fees for the incidental take of species of concern and is consistent with the City's Habitat Management Plan. 9.. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with the Best Management Practices for water quality protection in accordance with the City's sewer and drainage standards and the project is conditioned to comply with the National Pollutant Discharge Elimination System (NPDES) requirements. 10. That the City Planner finds that the project, as conditioned herein, is in conformance with the City's General Plan in that the subject property is designated RLM {0-4 dwelling units per acre (du/ac) with a 3.2 du/ac Growth Management Control Point density). The property has a net area of 38,504 square feet (.88 acre) and at the RLM Growth Management Control Point, 2.82 dwelling units are allowed. The project's proposed density of 2.27 du/ac is below the Growth Management Control Point density (3.2 dufac) used for the purposes of calculating the City's compliance with Government Code Section 65863. However, consistent with Program 3.2 of the City's certified Housing Element, all of the dwelling units, which were anticipated toward achieving the City's share of the regional housing needs that are not utilized by developers in approved projects, will be deposited in the City's Excess Dwelling Unit Bank. This project will MS 13-08/HDP 14-01/HMP 14-01-TIERRA LA COSTA April23, 2014 Pa e3 deposit .82 dwelling units into the Excess Dwelling Unit Bank and the excess dwelling units are then available for allocation to other projects. Accordingly, there is no net loss of residential unit capacity and there are adequate properties identified in the Housing Element allowing residential development with a unit capacity, including second dwelling units, adequate to satisfy the City's share of the regional housing need. The project has been conditioned to pay an affordable housing in-lieu fee in order to provide their proportionate share of affordable housing. 11. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 6 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire;. schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, A. The project has been conditioned to provide proof from the Encinitas School District that the project has satisfied its obligation for school facilities. B. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permit. C. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. 12. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). HOP 14-01 13. Hillside conditions have been properly identified on the constraints map which show existing and proposed conditions and slope percentages. 14. Undevelopable areas of the project, i.e. slopes over 40%, have been properly identified on the constraints map. 15. The development proposal is consistent with the intent, purpose and requirements of the Hillside Ordinance, Chapter 21.95 in that a) the project is consistent with the Land Use and Open Space/Conservation elements of the General Plan since the site is designated for residential development and no undevelopable natural hillsides or significant sensitive resources are located on the site; b) the existing hillside conditions have been properly identified and incorporated into the project review as the proposed pad grades are terraced and follow the natural slope of the property and therefore minimizes the amount of grading; c) the project design will preserve and enhance the aesthetic qualities of the existing manufactured and natural slopes by incorporating an aesthetically pleasing design using retaining walls less than six feet in height and landscaping will be used to reduce the visual impacts on the adjacent properties; d) there will be no impact on lagoons or riparian ecosystems in that the project has been designed in an environmentally sensitive manner and will be conditioned to submit a·n MS 13-08/HDP 14-01/HMP 14-01-TIERRA lA COSTA April23, 2014 Pa e4 erosion control plan consistent with the NPDES permit requirements as required by the Regional Water Quality Control Board and the City of Carlsbad. 16. The proposed grading and development will not occur in the undevelopable portions of the site in that there are no undevelopable lands located on the property as defined by Section 21.53.230(b) of the Carlsbad Municipal Code. 17. The grading design minimizes disturbance of hillside lands in that the grading design minimizes the amount of grading by respecting the existing, natural terrain and the project's grading volumes (3,333 cubic yards per acre) are within the "acceptable" range defined in Section 21.95.140 D. 2. of the Carlsbad Municipal Code. 18. The project design substantially conforms to the intent of the concept illustrated in the Hillside Development Guidelines Manual in that the newly created slopes have a gradient of 2:1 and are less than 15 feet in height. The existing manufactured slope will have a maximum 6 foot retaining wall cut into the slope and a portion of the slope re-graded. No slopes over 20 feet and over 200 feet in length exist on the site. Landscaping will be used for erosion control and to screen the slopes which are mainly internal to the site and are not easily seen from the public right-of-way. HMP 14-01 19. That the property is shown in Figure 28 of the approved HMP as a developed area. 20. That authorization to impact sensitive habitats through the removal of .31 acres of Coastal Sage Scrub, .18 acres of Non-Native Grassland and .56 acres of Eucalyptus Woodland and Disturbed Land is subject to continuous compliance with all provisions of the Habitat Management Plan for Natural Communities in the City of Carlsbad (HMP), the Citywide Incidental Take Permit issued for the HMP, the Implementing Agreement, the Terms and Conditions of the Incidental Take Permit, and the Biological Opinion. 21. That authorization to impact sensitive habitats is subject to continuous compliance with the provisions of Volumes I, II and Ill of the Multiple Habitat Conservation Program and the Final Environmental Impact Statement/Environmental Impact Report for Threatened and Endangered Species Due to Urban Growth within the Multiple Habitat Conservation Program Planning Area (SCH No. 93121073). 22. That all impacts to habitat and all take of species will be incidental to otherwise lawful activities related to construction and operation of the two-lot residential subdivision project. 23. That the project design as approved by the City of Carlsbad has avoided and minimized impacts to wildlife habitat and species of concern to the maximum extent practicable. Specifically; the project is located outside of the Existing Hardline Conservation Area and HMP Preserve Area; the conditions of approval for the project include the payment of all applicable Habitat Mitigation In-Lieu fees; and the HMP Habitat Mitigation In-Lieu Fee program anticipated impacts to native habitat outside the preserve area and payment of the in-lieu mitigation fee MS 13-08/HDP 14-01/HMP 14-01-TIERRA LA COSTA April 23, 2014 Pa e 5 assists in conserving a full range of vegetation types remaining in the City, with a focus on rare and sensitive habitats. 24. That adequate funding has been provided to address changed circumstances and adaptive management needs that may be reasonably anticipated in the future, consistent with the HMP Implementing Agreement. 25. That the authorization to impact sensitive habitats as a result of the project will not appreciably reduce the likelihood of survival and recovery of the species in the wild due to compliance with all of the above stated requirements, as well as ongoing monitoring and reporting to the wildlife agencies and the public. 26. The City Planner hereby finds that all development in Carlsbad benefits from the Habitat Management Plan, which is a comprehensive conservation plan and implementation program that will facilitate the preservation of biological diversity and provide for effective protection and conservation of wildlife and plant species while continuing to allow compatible development in accordance with Carlsbad's Growth Management Plan. Preservation of wildlife habitats and sensitive species is required by the Open Space and Conservation Element of the City's General Plan which provides for the realization of the social, economic, aesthetic and environmental benefits from the preservation of open space within an increasingly urban environment. Moreover, each new development will contribute to the need for additional regional infrastructure that, in turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on all new development within the City is essential to fund implementation of the City's Habitat Management Plan. 27. That the City Planner has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15315 (Minor Land Division) of the State CEQA Guidelines and will not have any adverse significant impact on the environment in that the property is in an urbanized area; zoned for residential; is being subdivided into four or fewer parcels; no variances are needed for the subdivision; all services for the lots are available; the parcel was not part of a larger subdivision within the last two years; and the parcel does not have an average slope greater than 20 percent. 28. The City Planner has reviewed each of the exactions imposed on the Developer contained in this resolution, 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 the degree of the exaction is in rough proportionality to the impact caused by the project. MS 13-08/HDP 14-01/HMP 14-01-TIERRA LA COSTA April 23, 2014 Pa e 6 CONDITIONS: Note: 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, building permit, or grading permit, whichever is first. Planning 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Tentative Parcel Map, Hillside Development Permit and Habitat Management Plan Permit. 2. Approval is granted forMS 13-08/HDP 14-01/HMP 14-01 as shown on Exhibits "P<'-"M", dated April 23, 2014, on file in the Planning Division and incorporated herein by reference. Deveiopment shaii occur substantially as shown unless otherwise noted in these conditions. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Parcel Map, Hillside Development Permit and Habitat Management Plan Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 4. Developer shall comply with all applicable proVISions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 5. If any condition for construction of any public improvements or facilities, or the 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 Council determines that the project without the condition complies with all requirements of law. 6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 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, Hillside Development Permit and Habitat Management Plan Permit, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including MS 13-08/HDP 14-01/HMP 14-01-TIERRA LA COSTA April 23, 2014 Pa e 7 without limitation, any and all liabilities ansmg from the em1ss1on by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until a Illegal proceedings have been concluded and continues even if the City's approval is not validated. 8. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Encinitas School District that this project has satisfied its obligation to provide school facilities. 9. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 6 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 10. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. 11. At issuance of building permits, or prior to the approval of a final map and/or issuance of certificate of compliance for the conversion of existing apartments to air-space condominiums, the Developer shall pay to the City an inclusionary housing in-lieu fee as an individual fee on a per market rate dwelling unit basis in the amount in effect at the time, as established by City Council Resolution from time to time. 12. Developer shall s.ubmit and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping and irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum amount of water to the landscape for plant growth without causing soil erosion and runoff. 13. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Division and accompanied by the project's building, improvement, and grading plans. 14. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 6, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 15. Prior to the approval of the final map, Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested MS 13-08/HDP 14-01/HMP 14-01-TIERRA LA COSTA April 23, 2014 Pa e 8 parties and successors in interest that the City of Carlsbad has issued a Tentative Parcel Map, Hillside Development Permit and Habitat Management Plan Permit on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 16. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities District or other financing mechanism which is inconsistent with City Council Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any other disclosure required by law or Council policy, the Developer shall disclose to future owners in the project, to the maximum extent possible, the existence of the tax or fee, and that the school district is the taxing agency responsible for the financing mechanism. The form of notice is subject to the approval of the City Planner and shall at least include a handout and a sign inside the sales facility stating the fact of a potential pass-through of fees or taxes exists and where complete information regarding those fees or taxes can be obtained. 17. This project has been found to result in impacts to wildlife habitat or other lands, such as agricultural land, non-native grassland, and disturbed lands, which provide some benefits to wildiife, as documented in the City's Habitat Management Plan and the environmental analysis for this project. Developer is aware that the City has adopted an In-lieu Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of vegetation and animal ~pecies. The Developer is further aware that the City has determined that all projects will be required to pay the fee in order to be found consistent with the Habitat Management Plan and the Open Space and Conservation Element of the General Plan. Developeror Developer's successor(s} in interest shall pay the fee .31 acres of Coastal Sage Scrub -Category D, .18 acres of Non-Native Grassland - Category E and .56 acres of Eucalyptus Woodland and Disturbed Land -Category F prior to recordation of a final map, or issuance of a grading permit or building permit, whichever occurs first. If the In-lieu Mitigation Fee for this project is not paid, this project will not be consistent with the Habitat Management Plan and the General Plan and any and all approvals forth is project shall become null and void. Engineering 18. 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. 19. Developer shall submit to the city planner, a reproducible 24" x 36", mylar copy of the tentative parcel map reflecting the conditions approved by the final decision making body. The reproducible shall be submitted to the city planner, reviewed and, if acceptable, signed by the city's project engineer and project planner prior to submittal of the parcel map, grading plans, improvement plans or building plans whichever occurs first. MS 13-08/HDP 14-01/HMP 14-01-TIERRA LA COSTA April 23, 2014 Pa e 9 20. Unless a standards variance has been issued, no variance from city standards is authorized by virtue of approval of this tentative map. 21. Developer shall prepare, submit and process for city engineer approval a parcel map to subdivide this project. There shall be one parcel map recorded for this project. Developer shall pay processing fees per the city's latest fee schedule. 22. Developer shall pay the Planned Local Drainage Area Fee. 23. Developer shall install park distance corridors at all street intersections and driveways in accordance with City Engineering Standards. The property owner shall maintain this condition. Fees/Agreements 24. Developer shall pay or post security for park-in-lieu fees to the city prior to approval of the parcel map as required by Chapter 20.44 of the Carlsbad Municipal Code. 25. 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. 26. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 27. D.eveloper shall cause property owner to apply for, execute, and submit, to the city engineer for recordation, an Encroachment Agreement covering private storm drains located over existing public right-of-way or easements as shown on the tentative parcel map. Developer shall pay processing fees per the city's latest fee schedule. 28. 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 29. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports, for city engineer review, and shall pay all applicable grading plan review fees per the city's latest fee schedule. 30. Developer shall apply for and obtain a grading permit from the city engineer. Developer shall pay all applicable grading permit fees per the city's latest fee schedule and shall post security per City Code requirements. 31. Upon completion of grading, developer shall file an "as-graded" geologic plan with the city MS 13-08/HDP 14-01/HMP 14-01-TIERRA LA COSTA April23, 2014 Pa e 10 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. The plan shall be signed by both the soils engineer and the engineering geologist, and shall be submitted on a 24" x 36" mylar or similar drafting film format suitable for a permanent record. 32. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 33. Developer shall complete and submit to the city engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as. determined by the completed PTAF all to the satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 34. Developer shall incorporate measures with this project to comply with Standard Stormwater Requirements per the city's Standard Urban Stormwater Management Plan (SUSMP). These measures include, but are not limited to reducing the use of new impervious surfaces (e.g.: paving) and designing drainage from impervious surfaces to discharge over pervious areas (e.g.: turf, landscape areas) all to the satisfaction of the city engineer. Dedications/Improvements 35. Developer shall design the private drainage systems, as shown on the tentative map to the satisfaction of the city engineer. All private drainage systems 12" diameter storm drain and larger shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems with 12" diameter storm drains and larger. 36. Developer shall prepare and process public improvement plans and, prior to city engineer approval of said plans, shall execute a city standard Minor Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements shown on the tentative parcel map. Said improvements shall be installed to city standards to the satisfaction of the city engineer. These improvements include, but are not limited to: A. Driveway approach. B. Sidewalk and pedestrian ramp. C. Connection(s) to public storm drain. MS 13-08/HDP 14-01/HMP 14-01-T)ERRA LA COSTA April 23, 2014 Pa e 11 Developer shall pay the standard improvement plan check and inspection fees. Improvements listed above shall be constructed within 36 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 37. Developer shall design all proposed public improvements including but not limited to sewer laterals, pedestrian ramps, driveways, sidewalk and water services/meters as shown on the tentative parcel map. These improvements shall be shown on one of the following, subject to city engineer approval: A. Grading plans processed in conjunction with this project; or B. Construction Revision to an existing record public improvement drawing. Developer shall pay plan check and inspection fees using improvement valuations in accordance with the city's current fee schedule. Developer shall apply for and obtain a right-of-way permit prior to performing work in the city right-of-way. 38. Prior to issuance of building permits, developer shall install separate sewer services to each unit proposed by this tentative parcel map. Sewer services shall be provided to the satisfaction of the city engineer and leucadia Wastewater District. 39. Developer shall cause owner to waive direct access rights on the parcel map for all Esfera Street and Venado Street frontage with the exception of two 30' driveways located as shown on the tentative parcel map. Non-Mapping Notes 40. Add the following notes to the final map as non-mapping data: A. Developer has executed a city standard Minor Improvement Agreement and has posted security in accordance with C.M.C. Section 20.16.070 to install public improvements shown on the tentative parcel map. These improvements include, but are not limited to: 1) Driveway approach. 2) Sidewalk and pedestrian ramp 3) Connection(s) to public storm drain B. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. C. Geotechnical Caution: 1) Slopes steeper than two parts horizontal to one part vertical exist within the boundaries of this subdivision. 2) 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 MS 13-08/HDP 14-01/HMP 14-01-TIERRA LA COSTA April 23, 2014 Pa e 12 Utilities subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. D. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to encroach within the area identified as a sight distance corridor as defined by City of Carlsbad Engineering Standards or line-of-sight per Caltrans . standards. E. 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 diversion of waters, the alteration of the normal flow of surface waters or drafnage, or the concentration of surface waters or drainage from the drainage system or other improvements identified in the city approved development plans; or by the design, construction or maintenance of the drainage system or other improvements identified in the city approved development plans. 41. Developer shall meet with the fire marshal to determine fire protection measures (fire flows, fire hydrant locations, building sprinklers) required to serve the project. 42. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 43. Developer shall install potable water services and meters at locations approved by the district engineer and the Olivenhain Municipal Water District. 44. The developer shall install sewer laterals and clean-outs at locations approved by the city engineer and the Leucadia Wastewater District. 45. The developer shall meet with and obtain approval from the Leucadia Wastewater District regarding sewer infrastructure available or required to serve this project. 46. The developer shall meet with and obtain approval from the Olivenhain Municipal Water District regarding potable water infrastructure available or required to serve this project. MS 13-08/HDP 14-01/HMP 14-01-TIERRA lA COSTA April23, 2014 Pa e 13 CODE REMINDERS: 47. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final parcel map as required by Chapter 20.44 of the Carlsbad Municipal Code. 48. Developer shall pay traffic impact fees based on Section 18.42 of the City of Carlsbad Municipal Code, respectively. 49. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 50. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 51. Premise identification (addresses) sh·all be provided consistent with Carlsbad Municipal Code Section 18.04.320. 52. This Tentative Parcel Map, Hillside Development Permit and Habitat Management Plan Permit shall expire two years from the date on which the city planner approves this application unless the Tentative Parcel Map is extended per Chapter 20.24.180 of the Carlsbad Municipal Code.