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Home My WebLink AboutCT 06-04X1; Rancho Milagro; Tentative Map (CT)( Cilv of Carlsbad APPLICATIONS APPLIED FOR: (CHECK BOXES) LAND USE REVIEW APPLICATION P-1 Planning Division 1635 Faraday Avenue (760) 602-4610 www .carlsbadca.gov Development Permits (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY) 0 Coastal Development Permit 0 Minor D Conditional Use Permit 0 Minor 0 Extension 0 Day Care (Large) 0 Environmental Impact Assessment 0 Habitat Management Permit 0 Hillside Development Permit 0 Minor 0 Minor 0 Nonconforming Construction Permit 0 Planned Development Permit 0 Minor 0 Residential 0 Non-Residential 0 Planning Commission Determination 0 Reasonable Accommodation 0 Site Development Plan 0 Minor 0 Special Use Permit 0 Tentative Parcel Map (Minor Subdivision) Ill Tentative Tract Map (Major Subdivision) (Extension) D Variance 0 Minor c..r O(r,-c::l-4 V { 0 General Plan Amendment 0 Local Coastal Program Amendment 0 Master Plan 0 Amendment 0 Specific Plan 0 Zone Change 0Amendment 0 Zone Code Amendment South Carlsbad Coastal Review Area Permits 0 Review Permit 0 Administrative 0 Minor 0 Major Village Review Area Permits 0 Review Permit 0 Administrative 0 Minor 0 Major NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITTED PRIOR TO 4:00 P.M. ASSESSOR PARCEL NO(S).: 209-060-6"1 ----------------------------------------------------------------------PROJECT NAME: Rancho Miiagro ----------------------------------------------------------------------BRIEF DESCRIPTION OF PROJECT: Tentative Map Extension re: Subdivision for 21 single family residential lots, 4 open space BRIEF LEGAL DESCRIPTION: Remainder Parcel of a Carlsbad tract 96-02 per map 14060, recorded Oct. 27,2009 LOCATION OF PROJECT: Sunny Crel:>k Road ON THE: North (NORTH, SOUTH, EAST, WESD BElWEEN College Blvd (NAME OF STREET) P-1 STREET ADDRESS SIDE OF Sunny Creek Road (NAME OF STREET) AND Cougar Drive (NAME OF STREET) Page 1 of6 ])~ \1 Q (oO R:t~ 03/16 OWNER NAME (Print): Lya!! Enterprises Inc MAILING ADDRESS: 15524 Hvvy 76 --------------~--------~ CITY, STATE, ZIP: Pauma Valley, CA 92061 TELEPHONE 760-742-3538 ---------------------------EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR PURP~~ES OF THIS APPLI ATION. IV~(_. ~ f--t,-~,~~ SIGNATURE DATE APPLICANT NAME (Print): Lyall Enterprises !nc MAILING ADDRESS: '15524 Hwy 76 ------~--------------------CITY, STATE, ZIP: Pauma Valley, CA 82061 TELEPHONE: 760~ 7 42~3538 ~--------------------------EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. .,~e~~ DATE APPLICANT'S REPRESENTATIVE (Print): Jack Henthorn, Jack Henthorn & Assoc. MAILING ADDRESS: P.O. Box 237 CITY, STATE, ZIP: Carlsbad, CA 92018 TELEPHONE: 760 4'19 6'700 EMAIL ADDRESS: henthorn@jhenthorn.com IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. !/WE CONSENT TO ENTRY FOR THIS PURPOSE. FOR CITY USE ONlY p-Lt\J\\ t',J DATE STAMP APPLICATION RECEIVED RECEIVED BY: Page 2 of6 Revised 03/16 DISCLOSURE STATEMENT P-1(A) Planning Division 1635 Faraday Avenue (760) 602-4610 www.carfsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit" Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGA.L names and addresses of ~ persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Warren Lyall Corp/Part Lyall Enterprises Inc Title CEO Title CEO ----------------------------Address 15524 Hwy 76, Pauma Valley, CA 92061 Address 15524 Hwy 76, Pauma Valley, CA 92061 2. OWNER (Not the owner's agent) P-1(A) Provide the COMPLETE. LEGAL names and addresses of ALl persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Warren Lyall Title CEO Address 15524 Hwy 76, Pauma Valley, CA 92061 Corp/Part Lyall Enterprises Inc Title CEO Address 15524 Hwy 76, Pauma Valley, CA 92061 Page 1 of 2 Revised 07/10 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1} or (2) above is a nonprofit organization or a trust, list the names and addresses of ~ person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust _______ _ Non Profit/Trust. _________ _ Title Title ___________ _ --------------------------Address __________ _ Address ____________ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve ( 12) months? DYes I./INa If yes, please indicate person(s): __________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Sig~=:a~/:t~ Sig1t::~i:ai::: Print or type name of owner Print or type name of applica t Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page 2 of2 Revised 07110 PROJECT DESCRIPTION P-1(8) PROJECT NAME: Rancho Milagro APPLICANT NAME: Lyall Enterprises Inc. Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: This application is a request for extension of tentative map (and related approvals) expiration date, Rancho Milago, CT 04-02, approved February 15, 2012. The request is filed after the expiration date due to confusion surrounding the applicability of AB 1303. The owner personally checked on the status of the map and was told by the City in December 2015 that the map had been extended by action of the State legislature. Subsequently, it was determined that map approvals in the City of Carlsbad were NOT eligible for the extension which was limited to "economically disadvantaged communities". The owner was not notified of the change until it was found during a City analysis of the status of existing map approvals in August of 2016. The owner is filing for extension in a timely manner after becoming aware of the changed status of the Rancho Milagro map. P-1 (B) Page 1 of 1 Revised 07/10 '' ack Henthorn & Assoct ~s P.O. Box 237 August 18, 2016 Mr. Don Neu, Director of Planning City of Carlsbad 1635 Faraday Ave, Carlsbad, CA 92008 Carlsbad, California 92018-0237 (760) 438-4090 Fax (760) 438-0981 Subject: Request for tentative map expiration time extension -CT 06-04-Rancho Milagro Dear Mr. Neu: The Rancho Milagro residential subdivision (CT 06-04) was approved by Planning Commission Resolution 6863 on February 15, 2012. Subsequently, the owner monitored the status of the approved tentative map and participated in the on-going efforts related to the formation of a facilities financing district for the purpose of funding infrastructure required to serve properties in the vicinity of the future extension of College Boulevard and Cannon Road. The approved map was initially scheduled to expire on February 15, 2014, 24 months after approval, unless a final map was filed or the applicant requested a time extension. The State legislature, responding to weak economic conditions, passed legislation extending approvals of this type for 2 years, exclusive of any other available extensions. As a result the map life was extended to February 15, 2016, an additional 2 years. In 2015, the State legislature, discussed an additional extension period and AB 1303 was introduced. The bill was passed by the legislature and signed by the Governor in late 2015. The City was notified that the bill had been signed and appropriate updates were made to the City map tracking system. The owner, believing that the map was nearing its expiration date, visited the City in December of 2015 and was told that the Governor had signed extension legislation and the map would not expire until February 15, 2018 Several days following the owner's visit to the City, the City determined that the extension approved by the Governor had limited application and did not apply to map approvals in the City of Carlsbad. The staff then corrected the expiration dates for maps in their tracking system, but did not notify the owners of the misinterpretation. The owner was unaware of the changed status of the map until an inquiry was made regarding the status of the infrastructure funding district. At that time, the tracking system revealed that the map had expired on February 15, 2016. Staff reviewed front counter logs and internal correspondence, revealing that the owner had contacted the City regarding the expiration date of the map in late December and was told that the expiration date 1902 Wright Place, Ste 200, Carlsbad, CA 92008 had been extended to February 15, 2018~ Believing that the map was valid, the owner continued to participate in activity related to the facilities financing district. The owner was not aware that the map expiration date had been revised following the December inquiry until August 15, 2016. The.;efore the owner is making a timely filing for extension as required by municipal code section 21.58.040. In addition, the owner is requesting concurrent extension of all associated approvals granted in conjunction with the original tentative map approval, as provided in municipal code section. 21.58.030. Thank you for your consideration. Regards, Jack Henthorn·& Associates August 19, 2016 Mr. Don Neu, Planning Director City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 LYALL ENTERPRISES, INC. 15524 HIGHWAY 76 PAUMA VALLEY, CA 92061 LYALLRANCH@GMAIL.COM 76()..7 42·3538 RE: Request for tentative map expiration time extension-CT 06-04-Rancho Milagro Dear Mr. Neu: Enclosed please find a completed application package for a time extension regarding the expiration of the Rancho Milagro tentative map (CT 06-04). The map was originally approved in early 2012 and subsequently extended as a part of blanket State legislative action taken in response to the slow economy. There apparently was some confusion regarding the applicability of a second State legislative extension (AB 1303). I was advised by staff initially (December, 2015) that the map would not expire on February 15, 2016, having been extended for 2 years by the legislature pursuant to AB 1303 .. Approximately one week ago, I was notified that the map had expired on February 15, 2016. I was told that the initial interpretation of the legislative extension was in error and that it had been determined that the extension authority was only granted to certain "disadvantaged" communities. Maps existing in Carlsbad did not receive the extension and the expiration dates were revised subsequent to my contact with City staff. I was not notified of this change. A more detailed explanation of the facts surrounding this situation is contained in a letter from our consultant, Jack Henthorn, which is included in the enclosed application package. You may contact him with any questions that you might have. Thank you for your consideration. )J/vV!t{<./ ('-' It Jl}j Warren Lyall CEO, Lyall Enterprises, Inc. City of Carlsbad Faraday Center Faraday Cashiering 001 1623601-1 08/23/2016 32 Tue, Aug 23, 2016 02:15PM Receipt Ref Nbr: R162360.l-1/0018 PERMITS -PERMITS Tran Ref Nbr: 162360101 0018 0020 Trans/Rcpt#: R0119647 SET #: CT0604X1 Amount: Item Subtota 1 : Item Total: ITEM(S) TOTAL: Check (Chk# 004854) Total Received: Have a nice day! 1 @ $2,942.00 $2,942.00 $2,942.00 $2,942.00 $2,942.00 $2,942.00 **************CUSTOMER COPY************* j j j j j j j j j j j j j j j j j j j j j j j j j I j City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 11111111111111111111111111111111111111111111111111111111111111111 Applicant: LYALL ENTERPRISES INC Description Amount CT0604Xl Receipt Number: R0119647 Transaction ID: R0119647 Transaction Date: 08/23/2016 Pay Type Method Description Amount Payment Check Transaction Amount: 2,942.00