HomeMy WebLinkAboutCT 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*************
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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