HomeMy WebLinkAboutMS 04-08; La Costa Town Square; Minor Subdivision (MS)Citv of Carlsbad
Public Works - Engineering
May 25, 2010
La Costa Town Square, LLC
8799 Balboa Ave. Suite 270
San Diego, CA 92123
TENTATIVE PARCEL MAP
Project ID: IVIS 04-08
Project Name: La Costa Town Square
The City Engineer has completed a review of the application for a tentative parcel map located
at north east corner of La Costa Avenue, and Rancho Santa Fe Road. The City Engineer has
made a preliminary decision pursuant to Section 20.24.120 of the City of Carlsbad Municipal
Code to approve this tentative parcel map based on the findings and subject to the conditions
listed below.
Please review the following findings and conditions for this tentative parcel map. If you have
concerns or comments, you may request a review of this preliminary decision in writing. Such
request must be received by the City Engineer within 10 calendar days of the date of this
preliminary approval. Upon receiving such written request, the City Engineer will arrange a time
and place for such review. If after 10 days no request is made, or following a requested review of
this preliminary approval, the City Engineer will issue a final approval letter for this tentative
parcel map.
Findings:
1. The Planning Director has determined that:
a. The project is a subsequent activity of a project for which an EIR was prepared,
and a notice for the activity has been given, which includes statements that this
activity is within the scope of the project approved earlier, and that the project EIR
adequately describes the activity for the purposes of CEQA) [15168( c)(2) and
(e)] and
b. This project is consistent with the project cited above;
c. EIR 01-02 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;
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-2720 • FAX (760) 602-8562 ^
Preliminary Decision Letter
La Costa Town Square, MS 04-08
May 25, 2010
e. None of the circumstances requiring a Subsequent EIR or a Supplemental EIR
under CEQA Guidelines Sections 15162 or 15163 exist;
f. The Planning Director finds that all feasible mitigation measures or project
alternatives identified in the EIR 01-02 which are appropriate to this Subsequent
Project have been incorporated into this Subsequent Project.
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 lot 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, as shown on GPA 01-02, MP 149, and LFMP 87-11(C).; and,
c. The design of the minor subdivision and proposed 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 does not
contain any significant habitat and no significant wildlife or habitat will be
impacted by the project; and,
d. The design of the subdivision and improvements are not likely to cause serious
public health problems, and the discharge of storm water from the subdivision
complies with current California Regional Water Quality Control Board
requirements and the City of Carlsbad Standard Urban Stormwater Mitigation
Plan (SUSMP) requirements, in that no development is proposed. All lots will
remain in the existing, natural condition as shown on the tentative parcel
map: 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, or as provided by provisions of the
government code, shall vacate or abandon easements that are no longer in
use or required for public access; and,
f. The property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act);
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Preliminary Decision Letter
La Costa Town Square, MS 04-08
May 25, 2010
CONDITIONS:
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.
General
1. This approval is granted subject to certification of EIR 01-02 and the approval of
GPA 01-02, MP 149(R), and LFMP 87-11(C) and is subject to all conditions
contained in Planning Commission Resolutions No. 6577, 6578, 6579, and 6580 for
those other approvals incorporated herein by reference. No development is
proposed or approved based upon this subdivision.
2. Developer shall submit to the City Engineer a reproducible 24" x 36" photo mylar of the
tentative parcel map reflecting the conditions approved by the final decision-making
body. 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, final map, improvement plans, or grading plans, whichever occurs
first.
3. No variance from City Standards is authorized by virtue of approval of this tentative
parcel map.
4. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time building permits are issued.
5. If any condition for construction of any public facilities, or 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
Engineer determines that this project without this condition complies with the
requirements of the law.
6. 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 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.
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Preliminary Decision Letter
La Costa Town Square, MS 04-08
May 25, 2010
7. Developer shall prepare, submit and process for City Engineer approval a parcel map to
subdivide this projecL There shall be one parcel map recorded for this project. Developer
shall pay processing fees per the City's latest fee schedule.
8. The project is approved with the express condition that building permits will not be issued
for the development of the subject property unless the City Engineer determines that
sewer facilities are available at the time of application for such sewer permits and will
continue to be available until time of occupancy. This note shall be placed on the non-
title sheet of the final parcel map.
Fees/Agreements
9. Developer is required to pay all required fees and deposits prior to approval of the parcel
map.
10. Prior to approval of the parcel map. Developer shall cause Property Owner to execute
and submit to the City for recordation a Prepayment Agreement with the City for
prepayment of the obligation for funding to improve Rancho Santa Fe Road, which will
satisfy the special condition in the Zone 11 LFMP requiring a financing plan guaranteeing
construction of Rancho Santa Fe Road. The Prepayment Agreement shall be in a form
to the satisfaction of the City Attorney and City Engineer.
Dedications/Improvements
11. La Costa Avenue shall be dedicated by Owner along the project frontage based on a
street center line to right-of-way width of 42-feet and in conformance with City of
Carlsbad Standards.
12. Developer shall prepare and process public improvement plans and, prior to City
Engineer approval of said plans, shall execute a City standard Subdivision Improvement
Agreement to install and shall post security in accordance with Carlsbad Municipal Code
Section 20.16.070 for public improvements shown on the tentative 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. Half street improvements to La Costa Avenue as shown on the tentative parcel
map.
B. Missing improvements on Rancho Santa Fe Rd. (sidewalk and median
improvements).
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. Alternative requirements and forms of security are available per section
20.28.060 and 20.28.070 of Carlsbad Municipal Code.
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Preliminary Decision Letter
La Costa Town Square, MS 04-08
May 25, 2010
Non-Mapping Notes
13. Note(s) to the following effect(s) shall be placed on the parcel map as non-mapping data:
A. No development is proposed by virtue of this parcel map. Further discretionary
actions for all parcels are required.
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. 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.
E. This approval is granted subject to certification of EIR 01-02 and the
approval of GPA 01-02, MP 149{R), and LFMP 87-11(C) and is subject to
conditions contained in Planning Commission Resolutions No. 6577, 6578,
6579, and 6580 for those other approvals incorporated herein by reference.
No development is proposed or approved based upon this subdivision.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
This tentative parcel map will expire thirty-six (36) months from the date of the final approval
notice issued by the City Engineer.
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
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Preliminary Decision Letter
La Costa Town Square, MS 04-08
May 25, 2010
You have 90 days from the date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a) and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges; to planning,
zoning, grading, or other similar application processing or service fees in connection with this
project; or to any fees/exactions of which you have previously been given a NOTICE similar to
this, or as to which the statute of limitations has previously othenwise expired.
If you have any questions regarding the above, please contact the Project Engineer, Clyde
Wickham at 760-602-2742. If you have any planning-related questions, please contact the
Project Planner, Van Lynch, at 760-602-4613.
Sincerely,
Glen Van Peski, P.E.
Senior Civil Engineer
cc: Project Engineer, Clyde Wickham
Project Planner, Shannon Werneke
Fire Department, Gregory Ryan
MS File
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