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HomeMy WebLinkAboutMS 09-04; DOS COLINAS - 2ND EXTENSION; Admin Decision Letter3 n 14.1 j ^City ofSfue copy Carlsbad March 13, 2018 Dennis O'Brien WSL Dos Colinas R/E, LLC Suite 300 5796 Armada Drive Carlsbad, CA 92008 SUBJECT: Second Extension for MS 09-04 (DEV09005) - DOS COUNAS I Dear Mr O'Brien, The Planning Division has completed its review of your application for the second Minor Subdivision Extension of MS 09-04 - DOS COUNAS, submitted on January 31, 2018 The Minor Subdivision application associated with the Dos Colinas project, MS 09-04, was originally approved by the Gty Engineer on March 27,2012, with an expiration date of March 26,2016. On February 29,2016, the first extension to MS 09-04 was approved for two years from March 26,2016, to March 25,2018. After careful consideration of the circumstances surrounding this request, it has been determined that (1) the second Minor Subdivision Extension of MS 09-04- DOS COUNAS was submitted in a timely manner prior to the expiration date, (2) there has been no change of circumstances in relation to the Minor Subdivision regulations (i e, Title 20 of the Carlsbad Municipal Code), (3) the project is still in compliance with the Minor Subdivision regulations, and (4) the findings required for granting a Minor Subdivision Extension can be made, therefore, the City Planner APPROVES the second Minor Subdivision Extension of MS 09-04 - DOS COUNAS for two (2) years from March 25, 2018, to March 25, 2020, based on the following findings and conditions Findings: 1 That all of the findings contained in the Preliminary Decision Letter of Minor Subdivision MS 09-04, dated March 27, 2012, and the first extension of MS 09-04 dated February 29, 2016, apply to this extension and are incorporated herein by reference and remain in effect 2 That the second Minor Subdivision Extension of MS 09-04 remains consistent with the General Plan, all titles of the Carlsbad Municipal Code and growth management program policies and standards in place at the time the extension was filed 3 That circumstances have not substantially changed since Minor Subdivision MS 09-04 was originally approved Community & Economic Development Planning Division 11635 Faraday Avenue Carisbad, CA 92008-73141760-602-46001760-602-8560 f [ www carlsbadca gov MS 09-04 (DEV09005) - DOS COLINAS March 13,2018 4 That the second two-year extension to MS 09-04 (from March 25, 2018, to March 25, 2020) is appropriate because the owner/applicant is diligently pursuing finalizing all necessary permits, the project remains consistent with the Minor Subdivision regulations (i e, Title 20 of the Carlsbad Municipal Code), and the extension would allow the owner/applicant to preserve existing property entitlements while satisfying the conditions for the construction of a continuing care retirement community 5 That the City Planner has determined that a The project, second Minor Subdivision Extension of MS 09-04, is a subsequent activity of Dos Collnas for which a project EIR (EIR 09-01) was prepared EIR 09-01 adequately describes the activity for the purposes of CEQA §15168(c)(2); b The project is consistent with the Dos Colinas project cited above, c EIR 09-01 was certified in connection with the prior project or plan; d The project has no new significant environmental effect not analyzed as significant in the prior EIR; and e None of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist Conditions; NOTE: Unless otherwise specified herein, all conditons shall be satisfied pnor to final map approval of Issuance of a grading permit, whichever occurs first 1 All of the conditions contained in Preliminary Decision Letter of Minor Subdivision MS 09-04, dated March 27,2012, and the first extension to MS 09-04 dated February 29, 2016, apply to this second extension and are incorporated herein by reference and remain in effect except for Condition No. 59 of MS 09-04 which Is superseded by Condition No. 2 of this approval letter In addition. Condition No. 5 of the first extension of MS 09-04 is replaced by Condition No. 8 below. 2 Add the following notes to the final map as non-mapping data a Developer has executed a city standard Subdivision Improvement Agreement and has posted security m accordance with CMC Section 20 16 070 to install public improvements shown on the Tentative map. These improvements include, but are not limited to I Construct onslte and offslte surface "core" Improvements for College Boulevard Reach A from its existing northerly terminus Just north of El Camino Real extended to Cannon Road. "Core" Improvements consist of full-width grading (major arterial standards), two 18-ft lanes (one each direction), median curbs, road drainage Improvements, and environmental mitigation as shown on the tentative parcel map. II Construct full Intersection improvements to the Intersection of College Boulevard and Cannon Road as shown on the tentative parcel map. III Complete half-street Improvements for College Boulevard (major artenal standards) along the project frontage per city standards. Complete half-street VII VIII MS 09-04 {DEV09005) - DOS COUNAS March 13, 2018 Page 3 improvements Indude a 32-ft paved half-street width consisting of two 12-foot lanes and an 8-foot bike lane, curb, gutter, street lights, fire hydrants, median hardscape, median landscaping, parkway irrigation and parkway imgation as shown on the tentatwe parcel map. IV Construct bridge improvements supporting College Boulevard as shown on the tentative parcel map. V Complete the signal modifications necessary for a fully actuated traffic signal at College Boulevard and Sunny Creek Road. VI Construct 36-inch potable wateiiine In College Boulevard from its existing northerly terminus near El Camino Real to the Intersection of private street "D" and a 16-inch potable waterline in College Boulevard from the intersecton with private street "D" to Cannon Road as shown on the tentative parcel map. Construct 12-inch recycled waterline in College Boulevard from Its existing northerly terminus near El Camino Real to Cannon Road Construct utility improvements in College Boulevard Reach A (potable water, recycled water, storm drain, sewer) as shown on the tentative parcel map. IX Construct onsite potable wateriines and appurtenances through the project as shown on the tentative parcel map. X Construct onsite and offsite sanitary sewer and appurtenances as shown on the tentative parcel map. XI Construct onsite and offsite storm drains and appurtenances as shown on the tentative parcel map. Developer has executed a city standard Minor Subdivision Improvement Agreement and has posted security in accordance with CMC Section 2016 070 to install public signal improvements shown on the tentative parcel map These signal improvements include but are not limited to constructing a new fully actuated traffic signal including all appurtenances and traffic signal interconnect conduit and cable, at the intersection of College Boulevard and Cannon Road Developer has executed a city standard Minor Subdivision Improvement Agreement and has posted secunty in accordance with CMC Section 2016 070 to install public signal improvements shown on the tentative parcel map These signal improvements include but are not limited to constructing a new fully actuated traffic signal including all appurtenances and traffic signal interconnect conduit and cable, at the intersection of College Boulevard and pnvate driveway "A" Developer has executed a city standard Minor Subdivision Improvement Agreement and has posted security in accordance with CMC Section 2016 070 to install public signal improvements shown on the tentative parcel map These signal improvements include but are not limited to constructing a new fully actuated traffic signal including all appurtenances and traffic signal interconnect conduit and cable, at the intersection of College Boulevard and pnvate driveway "D" Budding permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available MS 09-04 {DEV09005) - DOS COLIN AS March 13, 2018 Page 4 f No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to encroach withm the area identified as a sight distance corridor as defined by City of Carlsbad Engineering Standards or Iine-of-sight per Caltrans standards g 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 h Geotechnical Caution* I 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 II There are no public park or recreational facilities to be located in whole or in part within this subdivision The subdivider is therefore obligated to pay park-in-lieu fees in accordance with section 20 44 050 of the Carlsbad Municipal Code and has either paid all of said park in-lieu fees or agreed to pay all of said park-in-lieu fees in accordance with section 2016 070 of the Carlsbad Municipal Code 3 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 authonty 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 second Minor Subdivision Extension 4 Staff IS authorized and directed to make, or require the Developer to make, all corrections and modifications to the second Minor Subdivision Extension documents, as necessary to make them intemally 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 5 Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance MS 09-04 (DEV09005) - DOS COLIN AS March 13, 2018 PaRe 5 6 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 7 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) Crt/s approval and issuance of this second Minor Subdivision Extension, (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 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 8 The second Minor Subdivision Extension of MS 09-04 is granted for a period of two (2) years from March 25,2018, to March 25,2020. ' CITY OF CARLSBAD TERI DELCAMP Principal Planner TDSW.fn Kyrenne Chua, Project Engineer Data Entry File Copy/HPRM