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Home My WebLink AboutMS 16-02; SPRAGUE LOT SPLIT - 1ST EXTENSION; Admin Decision LetterNovember 14, 2018 Larry Walsh Walsh Engineering & Surveying Inc. 607 Aldwych Road El Cajon, CA 92020 '7ft ttt~ / I I ft 1,,f J' 8FILE COPY '-;NI-{city of Carlsbad SUBJECT: MS 16-02 -SPRAGUE LOT SPLIT-15T EXTENSION Dear Mr. Walsh: The Planning Division has completed its review of your application for the first Minor Subdivision Extehsion of MS 16-02-SPRAGUE LOT SPLIT, submitted on October 17, 2018. The Sprague Lot Split (MS 16-02) was originally approved by the City Engineer on January 5, 2017, with an expiration date of January 4, 2019. MS 16-02 was approved as an amendment to MS 14-06, approved by the Planning Commission through Resolution No. 7110 on September 16, 2015. After careful consideration of the circumstances surrounding this request, it has been determined that (1) the first Minor Subdivision Extension of MS 16-02 -SPRAGUE LOT SPLIT was submitted in a timely manner prior to the expiration date, (2) there has been no change of circumstances in relation to the Planned Unit Development and Minor Subdivision regulations (i.e., Titles 20 and 21 of the Carlsbad Municipal Code), (3) the project is still in compliance with the Planned Unit Development and Minor Subdivision regulations, and (4) the findings required for granting a Planned Unit Development and Minor Subdivision Extension can be made; therefore, the City Planner APPROVES the first Minor Subdivision Extension MS 16-02 -SPRAGUE LOT SPLIT for two (2) years from January 5, 2019, to January 5, 2021, based on the following findings and conditions. Findings: 1. That all the findings contained in the Decision Letter of Planned Unit Development and Minor Subdivision PUD 14-04A/MS 16-02, dated January 5, 2017 are incorporated herein by reference and remain in effect. 2. That the first Minor Subdivision Extension of MS 16-02 remains consistent with the general plan, all titles of this code and growth management program policies and standards in place at the time the extension is considered. 3. That circumstances have not substantially changed since Minor Subdivision MS 16-02 was originally approved and have not substantially changed since the tentative map was originally approved. 4. That the first two-year extension (January 5, 2019, to January 5, 2021) is appropriate because the owner/applicant is diligently pursuing finalizing all necessary permits, the project remains consistent with the Minor Subdivision and Planned Unit Development regulations (i.e., Titles 20 and 21 of the CMC), and the extension would allow the owner/applicant to preserve existing property entitlements while satisfying the conditions for the four-lot residential subdivision. Per Carlsbad Municipal Code (CMC) Section 20.12.110(B1(4)(c), the City Planner may grant no more than three two-year extensions. This is the first extension of MS 16-02 -SPRAGUE LOT SPLIT. Community & Economic Development Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov Ms 16-02 -SPRAGUE LoYhiG :F1~sT ~~~~J10N November 14, 2018 Pa e 2 5. That all project related permits or approvals issued pursuant to CMC Title 21 are extended to expire concurrently with the tentative map. 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 15332 -Infill Development Projects of the state CEQA Guidelines. 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, or pursuant to an approved construction schedule at the discretion of the appropriate division manager or official. 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 Extension. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Planned Development Permit/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. The Developer shall comply with all applicable provisions of federal, state, and local ordinances 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 o~ 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 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 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 • MS 16-02 -SPRAGUE LOT SPLIT -FIRST EXTENSION November 14, 2018 Pa e 3 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. All conditions contained in the Decision Letter of Planned Unit Development Amendment and Minor Subdivision PUD 14-04A/MS 16-02, dated January 5, 2017, apply to this extension and are incorporated herein by reference and remain in effect, except condition No. 37, which is hereby superseded by Condition No. 7 below. 7. The first extension of Minor Subdivision of MS 16-02 is granted for a period of two (2) years from January 5, 2019, to January 5, 2021. 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." You have 90 days from 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, revi.ew, 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, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY 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 otherwise expired. This decision may be appealed by you or any other member of the public to the Planning Commission within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division at 1635 Faraday Avenue in Carlsbad, along with a payment of $850.00. The filing of such appeal within such time limit shall stay the effective date of the order of the City Planner until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Esteban Danna at (760} 602-4629. City of Carlsbad ·-re_-~. TERI DELCAMP Principal Planner TD:ED:mh c: Bob Kevane, 8480 La Mesa Boulevard, La Mesa, CA 91942 Tim Carroll, Project Engineer Data Entry File Copy/HPRM