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Home My WebLink AboutCT 15-01; CASCADA VERDE; Admin Decision LetterJuly 5, 2018 Matt Nelson Lanshire Housing Partners, LLC 11913 Ocean Park Boulevard Los Angeles, CA 90064 K°'""\~ ,·S-·\~ 8 FILE COPY SUBJECT: FIRSl EXTENSION FOR CT 15-01 (DEV14027) -CASCADA VERDE Dear Mr. Nelson, CCityof Carlsbad The Planning Division has completed its review of your application for the first Tentative Tract Map Extension of CT 15-01-CASCADA VERDE submitted on April 9, 2018. Tentative Tract Map CT 15-01 was originally approved by the Planning Commission pursuant to Resolution No. 7163 on April 20, 2016. Condition Nos. 10 and 76 of Planning Commission Resolution No. 7163 required that the tentative map expire two (2) years from the date Planning Commission approved the project or on April 20, 2018. After careful consideration of the circumstances surrounding this request, it has been determined that (1) the first Tentative Tract Map Extension of CT 15-01-CASCADA VERDE was submitted in a timely manner prior to the expiration date, (2) there has been no change of circumstances in relation to the Major Subdivision regulations (i.e., Title 20 of the Carlsbad Municipal Code), (3) the project is still in compliance with the Major Subdivision regulations, and (4) the findings required for granting a Tentative Tract Map Extension can be made; therefore, the City Planner APPROVES the first Tentative Tract Map Extension of CT 15-01 for two (2) years from April 20, 2018, to April 20, 2020, based on the following findings and conditions. Findings: 1. All the findings contained in Planning Commission Resolution No. 7163 dated April 20, 2016, are incorporated herein by reference and remain in effect. 2. That Tentative Tract Map Extension of CT 15-01 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 Tentative Tract Map CT 15-01 was originally approved. 4. That all related permits or approvals issued pursuant to Title 21 (PUD 15-03/SDP 15-02/HDP 15- 02/HMP 16-02) have been extended to expire concurrently with Tentative Tract Map CT 15-01. Community & Economic Development Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 J 760-602-4600 J 760-602-8560 f I www.carlsbadca.gov CT 15-01 {DEV14027) -CASCADA VERDE July 5, 2018 Page 2 5. The City Planner has determined that: 1 ,. --.~ : a. the project is a project for which a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum were previously adopted· [15162] (Planning Commission Resolution No. 7162, dated April 20, 2016); b. this project is consistent with the project cited above; c. the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum were adopted in connection with the prior project; d. the project has no new significant environmental effect not analyzed as significant in the prior Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum; e. none of the circumstances requiring further environmental compliance under CEQA Guidelines Sections 15162 or 15163 exist; and f. the City Planner finds that all feasible mitigation measures identified in the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum, which are appropriate to this Subsequent Project, have been incorporated into this Subsequent Project. Conditions: NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of the final map or issuance of a grading permit, whichever occurs first. 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 Tract Map Extension. 2. Staff is authorized and .directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map Extension 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. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. 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. CT 15-01 (DEV14027) -CASCADA VERDE July 5, 2018 Page 3 5. 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 Tract Map 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. 6. The first extension to Tentative Tract Map CT 15-01 and related PUD 15-03/SDP 15-02/HDP 15- 02/HMP 16-02 is granted for a period of two (2) years from April 20, 2018, to April 20, 2020. 7. All conditions contained in Planning Commission Resolution No. 7163 dated April 20, 2016, apply to this extension and are incorporated herein by reference and remain in effect, except that Condition No. 10 and Code Reminder No. 76 of Planning Commission Resolution No. 7163 are superseded by Condition No. 6 above. CITY OF CARLSBAD TERI DELCAMP Principal Planner TD:CJ:dh c: Don Neu, City Planner Cliff Jones, Project Planner David Rick, Project Engineer Data Entry/HPRM File Copy