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HomeMy WebLinkAboutMS 14-04; Sonata Minor Subdivision; Minor Subdivision (MS)i. ~ -~cARLSBAD Community & Economic Development October 21, 2014 Ladwig Design Group, Inc. 2234 Faraday Avenue Carlsbad, CA 92008 www.carlsbadca.gov SUBJECT: TENTATIVE PARCEL MAP 14-04/PUD 14-03-SONATA MINOR SUBDIVISION-Request for approval of a Tentative Parcel Map MS 14-04 and Planned Development Permit 14-03 for a two lot subdivision of an open space lot located adjacent to and on the east side of Rancho Santa Fe Road between Camino de Los Caches and Calle Barcelona, in the Planned Community Zone and in Local Facilities Management Zone 11. Dear Mr. Ladwig, The City Planner has completed a review of the application for a tentative parcel map.and planned unit development for a two lot subdivision of an open space parcel of land located on the east side of Rancho Santa Fe Road between Camino de Los Caches and Calle Barcelona. The two parcels are being created to divide the property for mitigation of project habitat impacts (La Costa Town Square) and for future habitat conservation purposes. The City Planner has made a decision pursuant to Section 20.24.120 and Section 21.47.060 of the City of Carlsbad Municipal Code to approve this tentative parcel map and planned development permit based on the findings and subject to the conditions listed below. Findings: 1. That the City Planner has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15061(b)(3) (General Rule) of the State CEQA Guidelines in that it can be seen with certainty that the subdivision of the property for open space preservation purposes will not have any adverse significant effect on the environment. 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 or master 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 property will remain as Open Space per the existing General Plan Land Use designation and the La Costa Master Plan (MP 149), there is not a minimum lot size for open space parcels, and that there will be recorded an open space easement over the property. 3. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for commercial and residential development on the General Plan, in that · ·· . Planning Division ~~'-------------------------------------------------------------~ · 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 MS 14-04/PUD 14-03-SONATA MINOR SUBDIVISION October 21, 2014 Pa e 2 the project consists ofthe preservation of open space consistent with the properties General Plan's Open Space Land Use designation. 4. That the site is physically suitable for open space as the site is low lying property with an existing creek and natural habitats. 5. 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. 6. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 7. 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 parcels will be restricted to and maintained as open space. 8. That the City Planner finds that the project, as conditioned herein, is in conformance with the City's General Plan in that the property is General Plan Land Use designated as Open Space and the _property will be restricted to open space purposes by the recordation of open space and conservation easements. 9. That the proposed use at this particular location is necessary and desirable to provide a service or facility which will contribute to the general wellbeing of the neighborhood and the community in that the open space lots will conserve lands for habitat conservation, restoration and for the preservation of protected habitats. 10. That such a use will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity in that there are no proposed changes to the open space other than a subdivision for the purpose of land ownership and that the open space will be maintained and preserved as open space which is a valued asset to the community. 11. That the proposed non-residential planned development permit meets all of the m1mmum development standards of the underlying Open Space zone, except for lot area, in that open space lots do not have a minimum lot size. The proposed Parcell does not have street frontage onto a public street as required by the subdivision ordinance unless a Planned Development Permit is app.roved. However, the lack of street frontage for Parcell does not affect the use of the property as the parcel is for open space purposes and the parcel is adequately served by an access easement (a common area as defined by section 6532{b) of the civil code of the state) from a public roadway, Camino de los Caches. 12. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). MS 14-04/PUD 14-03-SONATA MINOR SUBDIVISION October 21, 2014 Pa e 3 13. 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, 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 Minor Subdivision and Planned Development Permit. 2. Approval is granted forMS 14-04/PUD 14-03 as shown on Exhibit "A", dated October 21, 2014, 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 Minor Subdivision and Planned 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 Minor Subdivision and Planned Development Permit, (b) City's approval or issuance of any MS 14-04/PUD 14-03-SONATA MINOR SUBDIVISION October 21, 2014 Pa e4 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 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 ifthe City's approval is not validated. 7. 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. 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 11 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 9. 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 parties and successors in interest that the City of Carlsbad has issued a(n) Minor Subdivision and Planned Development 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. 10. That Parcel 2 of the parcel map shall be used for open space purposes only and shall only be available for habitat restoration or creation purposes (for mitigation) as the property is already designated open space on the General Plan Land Use map and is hardline open space in the Habitat Management Plan and is not eligible for preservation mitigation purposes. 11. The use of Parcel 2 as a mitigation site shall take the following actions to the satisfaction of the City Planner in relation to the open space lot(s) which are being conserved for natural habitat in conformance with the City's Habitat Management Plan: a. Select a conservation entity, subject to approval by the City, that possesses qualifications to manage the open space lot(s) for conservation purposes. b. Prepare a Property Analysis Record (PAR) or other method acceptable to the City for estimating the costs of management and monitoring of the open space lot(s) in perpetuity in accordance with the requirements of the North County Multiple Habitats Conservation Plan and the City's Open Space Management Plan. c. Based on the results of the PAR, provide a non-wasting endowment or other financial mechanism acceptable to the City Planner and conservation entity, if any, in an amount sufficient for management and monitoring of the open space lot(s) in perpetuity. d. Record a Conservation Easement over the open space lot(s). e. Prepare a Preserve Management Plan which will ensure adequate management of the open space lot(s) in perpetuity. ( MS 14-04/PUD 14-03-SONATA MINOR SUBDIVISION October 21, 2014 Pa e 5 Engineering 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. General 12. Developer shall prepare, submit and process for city engineer approval a parcel map to subdivide this project. 13. Developer shall grant an open space easement to the City of Carlsbad to the satisfaction of the City Planner. Easement shall be shown on the parcel map or be created by prior separate instrument. 14. 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. CODE REMINDERS: 15. 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 permit issuance, except as otherwise specifically provided herein.