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HomeMy WebLinkAboutMS 05-29; ADAMS STREET SUBDIVISION; Admin Decision Letter( Citv - December 11, 2008 Dr. Benjamin and Eunice Medina, and Dr. David Graham PO Box 1766 Bonita, CA 91908 ( Carlsbad PROPOSED MINOR SUBDIVISION NO. 05-29, ADAMS STREET SUBDIVISION The City Engineer has made a preliminary decision pursuant to Section 20.24.120 of the City of Carlsbad Municipal Code, to approve the tentative parcel map of the proposed minor stlbdivision subject to the findings and conditions that follow in this letter. The developer, or property owners who have previously filed a written request related to the project, may request in writing that the preliminary decision be reviewed. Such request must be received by the City Engineer within ten calendar days of the date of this preliminary approval. Upon receiving such written request, the City Engineer shall arrange a time and place for such review. FINDINGS 1. That the Planning Director has determined that the project is a project for which a Mitigated Negative Declaration and a Mitigated Monitoring and Reporting Program -Adams Street Subdivision (GPA 06-08, ZC 06-07, LCPA 06-08, PUD 05-19, HDP 05-12, V 07-03, HMP 07-04 and MS 05-29) -was previously adopted by the City Council on November 18, 2008 per City Council Resolution No. 2008-305; and that the Mitigated Negative Declaration and a Mitigated Monitoring and Reporting Program has been prepared in accordance with the requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and that based on the EIA Part II and comments referenced therein, there is no substantial evidence that the project will have a significant effect on the environment. 2. The City Engineer has determined that: a) 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, in that the lots being created satisfy all minimum requirements of Title 20 regarding fot sizes and configuration and have been designed to comply with all other applicable regulations; and, b) The site is physically suitable for the type and density of the development proposed, in that the proposed subdivision meets all development standards for the creation of Planned Unit Development lots in terms of access, minimum lot size, lot width and setbacks; and, c) The design of the subdivision and improvements are not lik~ly to cause substantial · environmental damage nor substantially and avoidably injure fish and wildlife or their habitat, in that the proposed development will preserve valuable habitat by designating Parcel 3 as open space for the conservation of said habitat and therefore protect significant wildlife or habitat from the impacts of the development; and, 1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-2720 • FAX (760) 602-8562 @ MS 05-29 December 11, 2008 Page 2 of7 ( ( d) The design of the subdivision and improvements are not likely to cause serious public health problems, and the discharge of stormwater from the subdivision will not result in violation of existing California Regional Water Quality Controi Board requirements, in that earth drainage swales and bio retention areas are incorporated into the subdivision design for filtration of stormwater runoff. The project is conditioned to incorporate Low Impact Design (LID) techniques, and to comply with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), and Order R9-2007-001 of the San Diego Regional Water Quality Control Board: and, e) 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 shall delineate and preserve on the parcel map, all existing easements of record, and that the development will not conflict with a sewer easement and pubic trail easement offered for dedication to the City over Parcel 3; and, f) The property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act); · ENGINEERING CONDITIONS NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed subdivision, must be met prior to approval of a parcel map, building permit or grading permit whichever occurs first. General 1. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from·, the City Engineer for the proposed haul route. 2. This approval is subject to the approval and conditions of PUD 05-19 and HDP 05-12. 3. Developer shall submit to the City Engineer, a reproducible 24" x 36", mylar copy of the tentative map and a digital copy of said map (in AutoCAD format, latest version) reflecting the conditions approved by the final decision making body and any applicable coastal commission approvals. The reproducible shall be submitted to the City engineer, reviewed and, if acceptable, signed by the City's project engineer and project planner prior to submittal of the building plans, fmal map, improvement or grading plans, whichever occurs first. The digital file copy shall be submitted in a format as approved by the City Engineer. 4. Developer shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, agents, officers, and representatives, from and against any and all liabilities, losses, damages, demands, claim and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this tentative parcel map, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, including an action filed within the time period specified in Government Code Section 66499.37 and (c) Developer's MS 05-29 December 11, 2008 Page 3 of7 ( ( installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. 5. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other recorded document, for maintaining the private easements within the subdivision and all the private improvements (e.g. driveways, storm drain facilities, etc.) located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. · 6. Developer shall install sight distance corridors at all driveways m accordance with City Engineering Standards. Fees/Agreements ·7. 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. 8. Developer shall cause property owner to execute and submit to ·the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement. 9. Prior to approval of any grading or building permits for this project, Developer shall cause Owner to give written consent to the City Engineer for the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the City Engineer. 10. Developer shall cause property owner to apply for, execute, and submit, to the City Engineer for recordation, an Encroachment Agreement covering a private retaining wall located over the existing public right-of-way or easements as shown on the tentative map. Developer shall pay all associated costs of said Encroachment Agreement. Grading 11. 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 apply for and obtain a grading permit from the City Engineer prior to issuance of a building permit. 12. 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 Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the satisfaction of the City Engineer. • 13. Developer shall cause property owner to process, execute and submit an executed copy to the City Engineer for recordation a City Standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement for the perpetual maintenance of all treatment control, applicable site design and source control, post-construction permanent Best Management Practices prior to the issuance of a grading permit or building permit, or the recordation of a parcel map, whichever occurs first for this Project. MS 05-29 December 11, 2008 Page 4 of7 ( ( 14. Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code all to the satisfaction of the City Engineer. Dedications/Improvements 15. Developer shall cause Owner to execute a covenant of easement for private drainage and sewer, a covenant of easement for private sewer, and a covenant of easement for reciprocal private access, drainage and utilities all 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 issuance of building permit. 16. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or other appropriate entities for the public street right-of-way shown on the tentative parcel map. The offer shall be made by a certificate on the parcel map. All land so offered shall be free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. 1 7. Additional drainage easements may be required. Developer shall dedicate and provide or install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit. 18. Developer shall design the private drainage system as shown on the tentative parcel map to the satisfaction of the City Engineer. All private drainage systems (12 inch diameter storm drain and larger) shall be inspected by the City. Developer shall pay the standard improvement plan check and inspection fee for private drainage systems. 19. Developer shall execute a City standard Subdivision Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on the tentative parcel map. These improvements include, but are not limited to paving, base, signing, sidewalks, curbs and gutters, grading, clearing and grubbing, relocation of utilities, sewer, water, guard rail, and retaining walls. Said improvements shall be installed to City Standards to the satisfaction of the City Engineer. More specifically, these improvements include: a) Widening Adams Street with AC pavement and base along project street frontage and transitions, as shown on the tentative parcel map; b) Installation of curb, gutter, sidewalk, driveway and guard rail as shown on the tentative parcel map; c) Grading of the right-of-way as shown on the tentative parcel map. d) Installation of new water services and meters and relocation of an existing water meter. e) Installation of retaining wall and trail within the proposed public trail easement. A list of the above shall be placed on an additional map sheet on the parcel map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such MS 05-29 December 11, 2008 Page 5 of7 ( ( other time as provided in said agreement. Parcel Map Notes 20. Add the following notes to the parcel map as non-mapping data: A. All improvements are privately owned and are to be privately maintained with the exception of the following: a) AC pavement and base on Adams Street along project street frontage and transitions, b) All curb, gutter, sidewalk and guard rail in public right-of-way. c) Water services and meters within the public right-of-way. d) Retaining walls, trail and related appurtenances within the public trail easement. 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: The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. 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. E. (Covenant of easement recording information.) F. 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 drainage, 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. Utilities 21. The Developer shall design and construct public facilities within public right-of-w*y or within minimum 20-foot wide easements granted to the District or the City of Carlsbad. At the discretion of the District Engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. 22. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. MS 05-29 December 11, 2008 Page 6 of7 ( 23. The Developer shall install potable water services and meters at locations approved by the District · Engineer. The locations of said services shall be reflected on public improvement plans. 24. The Developer shall install sewer laterals and clean-outs at locations approved by the District Engineer. The locations of sewer laterals shall be reflected on public improvement plans. 25. The Developer shall design and construct public water and sewer facilities substantially as shown on the Tentative Parcel Map to the satisfaction of the District Engineer. 26. The Developer shall provide separate potable water meters for each separately owned unit. Fire 27. An automatic Fire Sprinkler System shall be installed for each dwelling unit per NFPA 13D Standards. Code Reminder 28. The project is subject to all applicable provisions of local ordinances, including but not limited to the following: A. The tentative parcel map shall expire two years from the date on which the California Coastal Commission approval of LCPA 06-08 becomys effective. B. Developer shall pay the Local Drainage Area Fee and Park-in-Lieu fee prior to approval of the parcel map. The developer may request a review of the preliminary decision with the City Eiigineer in writing within ten (10) days of the date of this letter. Upon such written request the City Engineer shall arrange a time and place with the developer for such review. '• MS 05-29 December 11, 2008 Page 7 of7 ( ( The City Engineer has reviewed each of the exactions imposed on the 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. If you have any questions, you may contact David Rick at (760) 602-2781. Robert T. Johnson, Jr., City Engineer by: David A. Hauser Deputy City Engineer c: David Rick, Associate Enginee; Jason Goff, Project Planner V O'Day Consultants File Attn: Meg Carroll 2710 Loker Avenue West, Suite 100 Carlsbad, CA 92010