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Home My WebLink AboutCT 16-02; OCEAN CONDOMINIUMS - 1ST EXTENSION; Admin Decision LetterFILE 4&1.'1 l,e~ o-.:,\ 11/ ~11 c; November 26, 2019 Ron Ramos New Green Development Advisors 1257 High Bluff Av San Marcos, CA 92078 SUBJECT: CT 16-02 (DEV15031) -OCEAN CONDOMINIUMS -1st EXTENSION Dear Mr. Ramos: {'city of Carlstiad The Planning Division has completed its review of your application for the first extension of Tentative Tract Map of CT 16-02-OCEAN CONDOMINIUMS, submitted on March 17, 2019. Tentative Tract Map CT 16-02 was originally approved by the City Council pursuant to Resolution No. 2017-091 on May 23, 2017, with an expiration date of May 23, 2019. After careful consideration of the circumstances surrounding this request, it has been determined that (1) the first extension of Tentative Tract Map CT 16-02-OCEAN CONDOMINIUMS 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 retroactively APPROVES the first extension of Tentative Tract Map CT 16-02 for two (2) year~ from May 23, 2019, to May 23, 2021, based on the following findings and conditions. Findings: 1. All the findings contained in City Council Resolution No. 2017-091 dated May 23, 2017, and Planning Commission Resolution No. 7229 dated March 15, 2017, are incorporated herein by reference and remain in effect. 2. That the first extension of Tentative Tract Map of CT 16-02 remains consistent with the General Plan, all titles of the Carlsbad Municipal Code and growth management prngram policies and standards in place at the time the extension was filed. 3. That circumstances have not substantially changed since Tentative Tract Map CT 16-02 was originally approved. 4. That all rel~ted permits or approvals issued pursuant to Title 21 (RP 16-08) have been extended to expire concurrently with Tentative Tract Map CT 16-02. Community & Economic Development Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 J 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov First Extension of CT 16-02 (DEV15031) -OCEAN CONDOMINIUMS November 26, 2019 Pa e 2 5. That the City Planner has determined that ~ project belon to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Infill Development Projects -Section 15332 of the state CEQA Guidelines. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this 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 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. 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City ofCarlsbad, 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. I. First Extension of CT 16-02 (DEV15031) -OCEAN CONDOMINIUMS November 26, 2019 Pa e 3 6. The first extension to Tentative Tract Map CT 16-02 and related Major Review Permit RP 16-08 is retroactively granted for a period of two (2) years from May 23, 2019, to May 23, 2021. 7. All conditions contained in Planning Commission Resolution No. 7229 (CT 16-02 and RP 16-08) dated March 15, 2017, and City Council Resolution No. 2017-091 dated May 23, 2017, apply to this extension and are incorporated herein by reference and remain in effect, except for Condition No. 58 of Planning Commission Resolution No. 7229 which is replaced by Condition No. 6 above. CITY OF CARLSBAD TERI DELCAMP Principal Planner TD:CS:mf c: Carlsbad 17, 234 Venture St #100, San Marcos CA 92078-4399 Don Neu, City Planner Chris Sexton, Project Planner Tecla Levy, Project Engineer Data Entry/HPRM File Copy