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HomeMy WebLinkAboutMS 14-05; Hoover Street Minor Subdivision; Minor Subdivision (MS)(~~ARLSBAD Community & Economic Development www.carlsbadca.gov January 15, 2015 Bob Ladwig Ladwig Design Group, Inc. 2234 Faraday Avenue Carlsbad, CA 92008 SUBJECT: TENTATIVE PARCEL MAP-MS 14-05/COASTAL DEVELOPMENT PERMIT-COP 14-08- HOOVER STREET MINOR SUBDIVISION -Request for approval of Tentative Parcel Map MS 14-05 and Coastal Development Permit CDP 14-08 to subdivide an existing 1.7 acre parcel into four parcels, with one panhandle lot, between .34 acre and .53 acre in size at 4276 Adams Street, in the R-1-15,000 Zone, Mello II Segment of the Local Coastal Program and in Local Facilities Management Zone 1. The City Planner has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15315 "Minor Land Divisions" of the State CEQA Guidelines and will not have any adverse significant impact on the environment. Dear Mr. Ladwig, The City Planner has completed a review of the application for a Tentative Parcel Map and Coastal Development Permit located at 4276 Adams Street. The existing lot contains one single-family home and the subdivision will create four residentially zoned parcels with the existing home being preserved on one of the four parcels. The remaining three parcels will be available for the construction of one single-family home under the current R-1-15,000 zoning designation. The City Planner has made a decision pursuant to Section 20.24.120 and 21.201.080 of the City of Carlsbad Municipal Code to APPROVE this Tentative Parcel Map and Coastal Development Permit based on the findings and subject to the conditions listed below. Findings: MS 14-05: 1. 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 Divisions) 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; -.he 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. · · Planning Division ~~'--------------------------------------------------------;: 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 MS 14-05/CDP 14-08-HOOVER STREET MINOR SUBDIVISION January 15, 2015 Pa e 2 2. 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 Residential Low-Medium density (RLM) General Plan Land Use designation allows for residential one-family lots. The lots being created satisfy all minimum requirements of Titles 20 and 21 regarding lot sizes and configuration and have been designed to comply with all other applicable regulations. 3. That the proposed project is compatible with the surrounding future land uses since surrounding properties also 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 and is currently developed with one single-family home. The four lot subdivision will provide for one single-family home per lot and will result in a project density of 2.35 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 density {3.2 du/ac) used for the purposes of calculating the City's compliance with Government Code Section 65863. 4. 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 R-1- 15,000 zone for the creation of four standard lots including but not limited to requirements for access, minimum lot size, lot width and setbacks. 5. That the property cannot be served adequately with a public street without panhandle lots due to unfavorable conditions resulting from unusual topography, surrounding land development, or lot configuration, in that due to the site's topography, the project is best served by having one of the lots accessed with a panhandle configuration. This creates lots that are relatively equal in size and buildable area. All other lots have direct access and standard minimum frontage on existing public streets. 6. That subdivision with panhandle lots will not preclude or adversely affect the ability to provide full public street access to other properties within the same block of the subject property, in that the existing street, James Drive, provides access to the adjacent properties. Furthermore, the access for the panhandle lot will be located within a 20 foot wide portion of the lot that connects directly with James Drive. No other access easements are proposed or necessary for adjacent properties. 7. That the buildable portion of the panhandle lot consists of 21,000 square feet, which meets the requirements of Section 21.10.100 D.l. of the Carlsbad Municipal Code; 8. That the front, side, and rear property lines of the buildable lot, for purposes of determining required yards, are as shown on Exhibit "A". 9. That any panhandle lot hereby approved satisfies all the requirements of Section 21.10.100 D. of the Carlsbad Municipal Code. MS 14-05/CDP 14-08-HOOVER STREET MINOR SUBDIVISION January 15, 2015 Pa e 3 10. 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. 11. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). ·12. 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 large lots provide ample space between structures to take advantage of prevailing breezes and allow for passive or natural solar heating and cooling opportunities. 13. 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. 14. Thatthe 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 site does not contain any significant habitat and no significant wildlife or habitat will be impacted by the project. 15. 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. 16. 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 lot area of 1.7 acres and at the RLM Growth Management Control Point, 5.44 dwelling units are allowed. The project's proposed density of 2.35 du/ac is below the Growth Management Control Point density (3.2 du/ac) 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 deposit 1.44 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. 17. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1 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 MS 14-05/CDP 14-08-HOOVER STREET MINOR SUBDIVISION January 15, 2015 Pa e 4 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 Carlsbad 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. 18. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). COP 14-08: 19. That the proposed development is in conformance with the Certified Local Coastal Program (LCP) and all applicable policies in that the site is designated RLM (0-4 du/ac) for single family development by the Mello II LCP and the project consists of grading and subdividing a 1.7 acre lot into four (4) single- family residential lots at a density of 2.35 du/acre on a site currently developed with one single- family home; the proposed graded four residential lots will not obstruct views from public lands or the public right-of-way, nor otherwise damage the visual beauty of the coastal zone. No agricultural uses as identified on Map X attached to the LCP currently exist on the site, nor are there any sensitive resources located on the disturbed property. In addition, the subdivision is not located in an area of known geologic instability or flood hazards. Since the site does not have frontage along the coastline, no public opportunities for coastal shoreline access are available from the subject site. Furthermore, the residentially-designated site is not suited for water-oriented recreation activities. 20. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the site is not located adjacent to the shore. Therefore, the project will not interfere with the public's right to physical access to the sea and the site is not suited for water-oriented recreation activities. 21. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil erosion. No steep slopes or native vegetation is located on the subject property and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. 22. The project is not located between the sea and the first public road parallel to the sea and, therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.201 of the Zoning Ordinance). MS 14-05/CDP 14-08-HOOVER STREET MINOR SUBOIVISION January 15, 2015 Pa e 5 23. 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. CONDITIONS: Note: Unless specifically stated in the condition, all of the following conditions, upon the approval of this Tentative Parcel Map and Coastal Development Permit, must be met prior to approval of a final parcel map. 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 and Coastal Development Permit. 2. Approval is granted forMS 14-05 and COP 14-08 as shown on Exhibits "A"-"B", dated January 15, 2015, on file in the Planning Division and incorporated herein by reference. Development shall 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 and Coastal Development 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 and Coastal Development Permit, (b) city's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated MS 14-05/CDP 14-08-HOOVER STREET MINOR SUBDIVISION January 15, 2015 Pa e 6 herein, and (c) Developer/Operator's 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. This obligation survives until all legal proceedings have been concluded and continues even if the city's approval is not validated. 7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 9. 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 t'1e time of occupancy. A note to this effect shall be placed on the Final Map. 10. 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 (a total of three) 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. 11. 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 1, 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. 12. Prior to the approval of the final map, owner/applicant shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Tentative Parcel Map and Coastal Development Permit on the real property owned by the owner/applicant. 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 owner/applicant or successor in interest. 13. Prior to approval of a final map or certificate of compliance, the existing detached garage and shed shall be removed and a new two-car garage shall be constructed within the boundaries of Parcell to serve the existing home located at 4276 Adams Street. MS 14-05/CDP 14-08-HOOVER STREET MINOR SUBDIVISION January 15, 2015 Pa e 7 14. 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 ·'he fact of a potential pass-through of fees or taxes exists and where complete information regarding those fees or taxes can be obtained. 15. 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 wildlife, 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.G of the Habitat Management Plan and City Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of vegetation and animal species. 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. Developer or Developer's successor(s) in interest shall pay the fee for 1.4 acres of disturbed lands 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 for this project shall become null and void. Engineering: General: 16. 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. 17. This project is approved upon the express condition that building permits will not be iss'ued 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 permit issuance and will continue to be available until time of occupancy. 18. Developer shall submitto 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 building plans, improvement plans, grading plans, or final map, whichever occurs first. 19. Developer shall submit to the city engineer an acceptable instrument, via CC&R's and/or other recorded document, addressing the maintenance, repair, and replacement of shared private improvements within this subdivision, including but not limited to the proposed private sewer system and drainage ditches/swales serving proposed Parcels 2, 3 and 41ocated therein and to distribute the costs of such maintenance in an equitable manner among the owners of the benefitting 1roperties within this subdivision. MS 14-05/CDP 14-08-HOOVER STREET MINOR SUBDIVISION January 15, 2015 Pa e 8 20. Developer shall submit to the city engineer an acceptable instrument, via a recorded document, addressing the maintenance, repair, and replacement of shared private improvements within this subdivision, including but not limited to the proposed private common panhandle driveway serving proposed Parcel 4 and the offsite property (APN 206-150-15) located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the benefitting properties within this subdivision. 21. Developer proposes that Parcel 4 share a common driveway with an adjacent (offsite} panhandle property (APN 206-150-15). As shown on the Tentative Parcel map, these dual common panhandles satisfies the requirements per CMC 21.08.080. However; if shared private maintenance agreements cannot be secured prior to parcel map approval, Parcel 4 may be redesigned as a single panhandle Jot, affecting the Jot area of Parcel 3. If condition 20 cannot be satisfied prior to parcel map approval, Developer shall submit a Consistency Determination, for review and approval by the city engineer and city planner to show how the revised Jot configurations satisfies zoning requirements. The Consistency Determination must be approved prior to Parcel Map approval. If zoning requirements cannot be met with the redesign, approval of this minor subdivision may be revoked. 22. 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 the standard parcel map plan check fees. Fees/ Agreements: 23. 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. 24. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 25. Developer shall cause property owner to execute and submit to the city engineer for recordation, the city's standard form Panhandle Lot Hold Harmless Agreement. 26. Developer shall cause property owner to enter into a Neighborhood Improvement Agreement with the city on a city standard form for the future public improvement of Hoover Street along the property frontage for a half street width of 30-feet. Public improvements shall include but are not limited to paving, base, sidewalks, curbs and gutters, medians, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights, pedestrian ramp, retaining walls and reclaimed water. 27. 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. . MS 14-05/CDP 14-08-HOOVER STREET MINOR SUBDIVISION January 15, 2015 Pa e 9 Grading: 28. Although no grading is proposed with this Tentative Parcel Map, future lot grading associated with the development may require grading permits as determined by the city engineer. If grading permit(s) are triggered, they shall be obtained prior to issuance of building permits to the satisfaction of the City Engineer. 29. Developer acknowledges that, pursuant to Order No. R9-2013-0001 issued by the California Regional Water Quality Control Board, new storm water requirements become effective near the end of 2015, and likely affect the design of this project. Prior to construction, Developer shall demonstrate compliance with latest storm water requirements to the satisfaction of the city engineer. 30. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at a II 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. 31. Prior to any issuance of any building permits, 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. 32. Developer is responsible to ensure that all final design plans (grading plans, building plans, etc.) incorporate all applicable source control, site design, treatment control BMP, applicable hydromodification measures, and Low Impact Design (LID) facilities. Dedications/Improvements: 33. Developer shall submit proof of a recorded private easement or cause owner to submit to the city engineer for recordation a covenant of easement for private sewer, drainage, and reciprocal access & utility purposes as shown on the Tentative Parcel Map. Developer shall pay processing fees per the city's latest fee schedule. 34. Developer shall cause owner to dedicate to the city and/or other appropriate entities for the public street & public utility purposes, for Adams Street and Hoover Street, as 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. Additional easements may be required at final design to the satisfaction of the city engineer. 35. Developer shall prepare and process public improvement plans and, prior to city engineer approval of said plans, shall execute a city standard Minor Subdivision Improvement Agreement to ,,stall and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements shown on MS 14-05/CDP 14-08-HOOVER STREET MINOR SUBDIVISION January 15, 2015 Pa e 10 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. Complete half-width surface and utility improvements to Adams Street along the project frontage, plus transitions, per local street standards as shown on the Tentative Parcel Map. B. Private common sanitary sewer line serving Parcels 2, 3 and 4 as shown on the Tentative Parcel Map. C. Private common drainage facility serving Parcels 2, 3 and 4 as shown on the Tentative Parcel Map. D. Common private driveway improvements serving Parcel4 and offsite parcel (APN 206-150- 15) as shown on the Tentative Parcel Map. 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. 36. In lieu of improving Adams Street listed in condition 20{a), based on a preliminary cost ~stimate, Developer may pay a fair-share cost of $21,000 to the City to fund the future improvements of Adams Street improvements listed above in condition 20(a). This fair-share cost may be adjusted annually from the date of this approval letter consistent with the Engineer News Record building and construction cost index for the los Angeles area to the satisfaction of the city engineer. Paying the fair-share amount to the City will satisfy Developer's obligation to improve Adams Street and Developer shall not be required to prepare improvement plans for Adams Street improvements as listed in condition 20(a) all to the satisfaction of the city engineer. 37. 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. Non-Mapping Notes: 38. Add the following notes to the final map as non-mapping data: A. Developer has executed a city standard Minor Subdivision 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) Complete half-width surface and utility improvements to Adams Street along the frontage, plus transitions, per local street standards as shown on the Tentative Parcel Map. 2) Private common sanitary sewer line serving Parcels 2, 3 and 4 as shown on the Tentative Parcel Map. 3) Private common drainage facility serving Parcels 2, 3 and 4 as shown on the Tentative Parcel Map. 4) Common private driveway improvements serving Parcel 4 and offsite parcel (APN 206- 150-15) as shown on the Tentative Parcel Map. MS 14-05/CDP 14-08-HOOVER STREET MINOR SUBDIVISION January 15, 2015 Pa e 11 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. 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 objectmay 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 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. F. In lieu of improving Adams Street listed in condition 20(a), based on a preliminary cost estimate, Developer may pay a fair-share cost of $21,000 to the City to fund the future improvements of Adams Street improvements listed above in condition 20(a). This fair- share cost may be adjusted annually from the date of this approval letter consistent with the Engineer News Record building and construction cost index for the Los Angeles area to the satisfaction of the city engineer. Paying the fair-share amount to the City will satisfy Developer's obligation to improve Adams Street and Developer shall not be required to prepare improvement plans for Adams Street improvements as listed in condition 20(a) all to the satisfaction of the city engineer. Utilities: 39. 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. 40. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 41. 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. 42. Developer shall install sewer laterals and clean-outs at locations approved by the city engineer. The locations of sewer laterals shall be reflected on public improvement plans. 43. 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 and city engineer. MS 14-05/CDP 14-08-HOOVER STREET MINOR SUBDIVISION January 15, 2015 Pa e 12 Code Reminders: The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 44. This tentative parcel map shall expire two years from the date on which the city planner approves this application unless extended per Chapter 20.24.180 of the Carlsbad Municipal Code. 45. Developer shall pay drainage fees prior to approval of the parcel map all to the satisfaction of the city engineer. 46. 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. The Average Daily Trips (ADT) and floor area contained in the staff report and/or shown on the Tentative Parcel Map are for planning purposes only. 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. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 49. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management fee for Zone 1 as required by Carlsbad Municipal Code Section 21.90.050. 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. A separate Coastal Development Permit shall be processed and approved prior to the issuance of a building permit for each dwelling unit.