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Home My WebLink AboutMS 05-14; EUCALYPTUS ESTATES - 2ND EXTENSION; Admin Decision LetterMarch 1, 2019 Guy Oliver 2652 La Costa Avenue Carlsbad, CA 92004 \.,\A,\..,.;..\,e.J. 3·L\ ·IC\ 8FILE COPY Ccicyof Carlsbad SUBJECT: SECOND EXTENSION OF MS 05-14 (DEV 05080)-EUCALYPTUS ESTATES Dear Mr. Oliver, The Planning Division has completed its review of your application for the second extension of Minor Subdivision MS 05-14-EUCALYPTUS ESTATES, submitted on January 25, 2019. Eucalyptus Estates MS 05-14 was originally approved by the City Engineer on February 24, 2009, with an expiration date of February 24, 2011. Since that time, the minor subdivision has been automatically extended a total of three times with Assembly Bill (AB) 333 granting a two-year extension to February 24, 2013, AB 208 granting a two-year extension to February 24, 2015, and AB 116 granting a two-year extension to February 24, 2017. On April 17, 2017, the first two-year extension to MS 05-14 was retroactively approved from February 24, 201.7 to February 24, 2019. After careful consideration of the circumstances surrounding this request, it has been determined that (1) the second extension of Minor Subdivision MS 05-14-EUCALYPTUS ESTATES was subm.itted 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 extension of Minor Subdivision MS 05-14-EUCALYPTUS ESTATES for two (2) years from February 24, 2019, to February 24, 2021, based on the following findings and conditions. Findings: 1. That all the findings contained in the Preliminary Decision Letter for Minor Subdivision MS 05- 14, dated February 24, 2009, are incorporated herein by reference and remain in effect. 2. That the second two-year extension of MS 05-14 (from February 24, 2019, to February 24, 2021) 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 two-lot residential subdivision located at 4992 Eucalyptus Lane. Community & Economic Development Planning Division J 1635 Faraday Avenue Carlsbad, CA 92008-7314 J 760-602-4600 J 760-602-8560 f I www.carlsbadca.gov ,_-s_,,_ -----·----·---,. .. -· MS 05-14 (DEV 05080)-EUCALYPTUS ESTATES March 1, 2019 Page 2 3. .• I"• That the second extension of Minor Subdivision of MS 05-14 remains consistent with the General Plan, Local Coastal Program, all titles of the Carlsbad Municipal Code and growth management program policies and standards in place at the time the extension was filed. 4. That circumstances have not substantially changed since Minor Subdivision MS 05-14 was originally approved. 5. That all related permits or approvals issued pursuant to Title 21 (CDP 15-34 and SUP 05-08) have been extended to expire concurrently with MS 05-14. 6. That the City Planner has determined that the project belongs 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 Section 15315 -Minor Land Divisions 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 final map approval 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 Minor Subdivision. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor Subdivision 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 of Carlsbad, its Council members, officers, employees, agents, and MS 05-14 {DEV 05080)-EUCALYPTUS ESTATES March 1, 2019 Pa e 3 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 Minor Subdivision, {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 second extension of Minor Subdivision MS 05-14 is granted for a period of two {2) years from February 24, 2019, through February 24, 2021. 7. This approval is subject to the conditions contained in the first extension to MS 05-14, except Condition No. 14 is superseded by Condition No. 6 above. In addition, this approval is subject to all conditions contained in Planning Commission Resolution Nos. 6515 {CDP 05-34} and 6516 {SUP 05-08}. CITY OF CARLSBAD TERI DELCAMP Principal Planner TD:SH:dh c: Tecla Levy, Project Engineer Data Entry File Copy HPRM