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 ®
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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
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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
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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
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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.
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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
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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
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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.
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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
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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.
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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
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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.