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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); Page 2 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. Page 3 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. Page 4 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." Page 5 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 Page 6