HomeMy WebLinkAboutCT 03-10; AURA CIRCLE - 2ND EXTENSION; Admin Decision Letter0 FILE COPY V City of
Carlsbad
May 25, 2018
Michael Graham
Pacific Legacy Homes
Suite 400
16870 West Bemardo Dnve
San Diego, CA 92127
SUBJECT: CT 03-10 (DEV99049) - AURA CIRCLE
Dear Mr Graham,
The Planning Division has completed its review of your application for the second Tentative Tract Map
Extension of CT 03-10 - AURA CIRCLE, submitted on April 18, 2018 Tentative Tract Map CT 03-10 was
onginally approved by Planning Commission Resolution No. 6290 on May 2, 2007, with an expiration
date of May 2, 2009. 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 May 2,2010, Assembly Bill (AB) 333
granting a two-year extension to May 2, 2012, AB 208 granting a two-year extension to May 2, 2014,
and AB 116 granting a two-year extension to May 2, 2016. Finally, on May 2, 2016, the first two-year
extension to May 2, 2018, was approved.
After careful consideration of the circumstances surrounding this request, it has been determined that (1)
the second Tentative Tract Map Extension of CT 03-10 - AURA QRCLE 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 retroactively APPROVES the second Tentative Tract
Map Extension of CT 03-10 for two (2) years from May 2, 2018, to May 2, 2020, based on the following
findings and conditions
Findings:
1 All the findings contained in Planning Commission Resolution No. 6290 dated May 2, 2007, are
incorporated herein by reference and remain in effect
2 That the second Tentative Tract Map Extension of CT 03-10 remains consistent 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
3 That circumstances have not substantially changed since Tentative Tract Map CT 03-10 was originally
approved
Community & Economic Development
Planning Division 1 1635 Faraday Avenue Carlsbad, CA 92008-73141760-602-46001760-602-8560 f | www carlsbadca gov
CT 03-10 (DEV99049)-AURA CIRCLE n '
May 25, 2018 yq ^
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4 That all related permrts or approvals issued pursuant to Title 21 have been extended to expire
concurrently with Tentative Tract Map CT 03-10
)
5 The City Planner has determined that
a The project, the second Tentative Tract Map Extension of CT 03-10, is a subsequent activity of
Aura Circle, for which a Mitigated Negative Declaration was previously adopted (CEQA
Guidelines Section 15162),
b The project is consistent with the Aura Circle project cited above,
c A Mitigated Negative Declaration was adopted in connection with the prior project or plan,
d The project has no new significant environmental effect not analyzed as significant in the prior
Mitigated Negajbve Declaration, and
e None of the circumstances requiring a Subsequent Mitigated Negative Declaration under CEQA
Guidelines Section 15162 exist
Conditions;
NOTE Unless otherwise specified herein, all conditions shall be satisfied pnor to final map approval of
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 gamed by Developer or a
successor in interest by the City's approval of this Tentative Tract Map Extension.
2 Staff IS authonzed 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
of this Tentative Tract Map Extension, (b) City's approval or issuance of any permit or action, whether
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CT 03-10 {DEV99049) - AURA CIRCLE
May 25, 2018
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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 ansing 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 to Tentative Tract Map CT 03-10 and related permits SDP 05-05, GDP 03-32,
HMP 06-12, and HDP 03-05, is retroactively approved for a period of two (2) years from May 2,
2018, to May 2,2020.
7 All conditions contaihed in Planning Commission Resolution No. 6290 dated May 2, 2007, and the
first extension to Tentative Tract Map CT 03-10 dated June 24,2016, apply to this extension and are
mcorporated herein by reference and remain in effect except that Condition No. 6 of the
administrative approval letter for the first extension to Tentative Tract Map CT 03-10 dated June
24,2016, IS superseded by Condition No. 6 above and Condition Nos. 12 and 13 are deleted.
CITY OF CARLSBAD
7^ .
TERI DELCAMP
Principal Planner
TD SH dh
Don Neu, City Planner
David Rick, Project Engineer
Data Entry/HEBMi
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