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Home My WebLink AboutCT 00-21; HOLLY SPRINGS - 3RD EXTENSION; Admin Decision LetterJune 19, 2018 Paul J. Klukas Planning Systems Suite 100 1530 Faraday Avenue Carlsbad, CA 92008 8FILE COPY ~a· 1/?/ft/,'8 SUBJECT: CT 00-21 {DEV00123) -HOLLY SPRINGS Dear Mr. Klukas, {city of Carlsbad The Planning Division has completed its review of your application for the third Tentative Tract Map Extension CT 00-21-HOLLY SPRINGS submitted on May 18, 2018. Tentative Tract Map CT 00-21 was originally approved by City Council Resolution No. 2004-388 on December 7, 2004 with an expiration date of December 7, 2006. Due to project litigation, the map tolled during the challenge period, and a new expiration date of July 4, 2007, was established. On September 19, 2007, the Planning Commission approved Resolution No. 6334 granting a retroactive two-year extension (CT 00-21x1} from July 4, 2007, through July 4, 2009. Also extended at the same time, Resolution No. 6335 (HOP 00-12x1}, was conditioned to expire with the tentative tract map. Since that time, the tentative tract map has been automatically extended a total of four times with Senate Bill 1185 granting a one year extension to July 4, 2010, Assembly Bill (AB} 333 granting a two-year extension to July 4, 2012, AB 208 granting a two-year extension to July 4, 2014, and most recently AB 116 granting a two-year extension to July 4, 2016. On June 24, 2016, the city approved the second two-year extension from July 4, 2016, to July 4, 2018. After careful consideration of the circumstances surrounding this request, it has been determined that (1) the third Tentative Tract Map Extension CT 00-21-HOLLY SPRINGS 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 APPROVES the third Tentative Tract Map Extension CT 00-21 for two {2) years from July 4, 2018, to July 4, 2020, based on the following findings and conditions. Findings: 1. All the findings contained in Planning Commission Resolution No. 6334 dated September 19, 2007, are incorporated herein by reference and remain in effect. 2. That the third Tentative Tract Map Extension of CT 00-21 remains consi~tent with the General Plan, all titles of the Carlsbad Municipal Code and growth management program policies and standards in place at the time the extension was filed. 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 CT 00-21 (DEV00123) -HOLLY SPRINGS June 19, 2018 Page 2 - 3. That circumstances have not substantially changed since Tentative Tract Map CT 00-21 was originally approved. 4. The City Planner has determined that: a. The project, the third Tentative Tract Map Extension of CT 00-21, is a subsequent activity of Holly Springs for which a project EIR {EIR 02-02) was prepared. EIR 02-02 adequately describes the activity for the purposes of CEQA §15168(c)(2); b. The project is consistent with the Holly Springs project cited above; c. EIR 02-02 was certified in connection with the prior project or plan; d. The project has no new significant environmental effect not analyzed as significant in the prior EIR; and e. None of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist. 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 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 Extension 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 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 CT 00-21 (DEV00123)-HOLLY SPRINGS June 19, 2018 Page 3 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. 6. The third Tentative Tract Map Extension of CT 00-21 and related permit HDP 00-12 is granted for a period of two (2) years from July 4, 2018, through July 4, 2020. 7. All conditions contained in the second Tentative Tract Map Extension of CT 00-21 dated June 24, 2016, apply to this extension except that Condition No. 11 of the administrative extension letter is superseded by Condition No. 6 above. CITY OF CARLSBAD TERI DELCAMP Principal Planner TD:SH:dh c: Ken Cablay, Holly Springs Development LLC, P.O. Box 2484, Carlsbad, CA 92018 Don Neu, City Planner Teri Delcamp, Principal Planner Kyrenne Chua, Project Engineer Data Entry HPRM/ File Copy