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HomeMy WebLinkAboutCT 06-04; RANCHO MILAGRO - 2ND EXTENSION; Admin Decision LetterJanuary 12, 2018 Jack Henthorn Jack Henthorn & Associates P.O. Box 237 Carlsbad, CA 92018 IZ JCc..vl. (B FILE SUBJECT: CT 06-04 (DEV06043} -RANCHO MILAGRO Dear Mr. Henthorn, ("Cityof Carlsbad The Planning Division has completed its review of your application for the second Tentative Tract Map Extension of CT 06-04-RANCHO MILAGRO submitted on December 13, 2017. Tentative Tract Map CT 06-04 was originally approved by Planning Commission Resolution No. 6863 on February 15, 2012. Condition No. 89 required that the tentative tract map expire two (2) years from the date on which the Planning Commission voted to approve CT 06-04. The Planning Commission approved CT 06-04 on February 15, 2012, thus creating an expiration date of February 15, 2014. An automatic two (2) year extension was later granted through Assembly Bill (AB} 116, thus creating a new expiration date of February 15, 2016. On September 19, 2016, the City Planner retroactively granted the first two-year extension of Tentative Tract Map CT 06-04 from February 15, 2016 to February 15, 2018. After careful consideration of the circumstances surrounding this request, it has been determined that (1) the second Tentative Tract Map Extension of CT 06-04 -RANCHO MILAGRO 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 second Tentative Tract Map Extension of CT 06-04 for a period of two (2) years from February 15, 2018 to February 15, 2020, based on the following findings and conditions. Findings: 1. All the findings contained in Planning Commission Resolution No. 6863 dated February 15, 2012, are incorporated herein by reference and remain in effect. 2. That Tentative Tract Map Extension of CT 06-04 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 06-04 was originally approved. 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 06-04 (DEV06043)-RANCHO MILAGRO January 12, 2018 Page 2 4. That all related permits or approvals issued pursuant to Title 21 have been extended to expire concurrently with Tentative Tract Map CT 06-04. 5. The City Planner has determined that: a. the project is a project for which a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum were previously adopted [15162] (City Council Resolution No. 2012-076, dated March 27, 2012); b. this project is consistent with the project cited above; c. the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum were adopted in connection with the prior project; d. the project has no new significant environmental effect not analyzed as significant in the prior Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum; e. none of the circumstances requiring further environmental compliance under CEQA Guidelines Sections 15162 or 15163 exist; and f. the City Planner finds that all feasible mitigation measures identified in the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum, which are appropriate to this Subsequent Project, have been incorporated into this Subsequent Project. Conditions: NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of the final map 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. CT 06-04 (DEV06043) -RANCHO MILAGRO January 12, 2018 Page 3 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 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 second extension of Tentative Tract Map CT 06-04 and related permits are granted for a period of two (2) years from February 15, 2018 to February 15, 2020. 7. All conditions contained in Planning Commission Resolution No. 6863, apply to this extension and are incorporated herein by reference and remain in effect, except for Condition No. 45, 47, 59, 64, 67 and 75, which are hereby superseded by Condition No. 10, 11, 12, 13, 14 and 15 below. 8. Developer shall cause property owner to execute and submit to the city engineer for recordation, the city's standard form Panhandle Lot Hold Harmless Agreement. 9. Developer acknowledges hydromodification (runoff reduction) requirements impact how project treats and/or retains storm runoff. Hydromodification involves detailed site design and analysis to reduce the amount of post-development run-off by mimicking the natural hydrologic function of the site, preserving natural open-spaces and natural drainage channels, minimizing use of new impervious surfaces, and promoting onsite infiltration and evaporation of run-off. During final design, developer shall demonstrate compliance with storm water requirements to the satisfaction of the city engineer. Developer shall submit documentation, subject to city engineer approval, demonstrating how this project complies with hydromodification requirements per the city's BMP Design Manual, latest version. Documentation shall be included within the Storm Water Management Plan (SWQMP). 10. Developer shall prepare, submit and process for city engineer approval a final map to subdivide this project. There shall be one Final Map recorded for this project. Developer shall pay the city standard map review plan check fees. CT 06-04 (DEV06043)-RANCHO MILAGRO January 12, 2018 Page 4 11. This project is subject to approval of CT 00-18 and is subject to all conditions or amendments thereto, which are incorporated herein by reference. 12. Supplemental grading permits are required for precise grading associated for each lot within this project. Prior to building permit issuance, Developer shall prepare, and submit for approval, grading plans for the precise grading all subject to city engineer approval. Developer shall prepare and submit plans and technical studies/reports as required by city engineer, post security and pay all applicable grading plan review and permit fees per the city's latest fee schedule. 13. This project is subject to 'Priority Development Project' requirements. Developer shall prepare and process a Storm Water Quality Management Plan (SWQMP), subject to city engineer approval, to demonstrate how this project meets new/current storm water treatment requirements per the city's BMP Design Manual, latest version. In addition to new treatment control BMP selection/sizing criteria, the developer shall use low impact development (site design) approaches to ensure that runoff from impervious areas (roofs, pavement, etc.) are drained through landscaped (pervious) areas prior to discharge. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's latest fee schedule. 14. Developer shall cause owner to submit to the city engineer for recordation ·a covenant of easement for private drainage purposes as shown on the Tentative Map. The obligation to execute and record the covenant of easement shall be shown and recording information called on the Final Map. 15. Add the following notes to the final map as non-mapping data: a. Developer has executed a city standard Subdivision Improvement Agreement and has posted security in accordance with C.M.C. Section 20.16.070 to install public improvements shown on the Tentative Map. These improvements include, but are not limited to: 1) Public road and utility improvements for "K" Street, "X" Street, and "Y" Street as shown on the tentative map. 2) Off-street public sewer, storm drain, access and trail improvements as shown on the tentativ~ map. b. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. c. Geotechnical Caution: 1) The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. d. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to encroach within the area identified as a sight distance corridor as defined by City of Carlsbad Engineering Standards or line-of-sight per Caltrans standards. CT 06-04 (DEV06043) -RANCHO MILAGRO January 12, 2018 Page 5 e. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the drainage system or other improvements identified in the city approved development plans; or by the design, construction or maintenance of the drainage system or other improvements identified in the city approved development plans. f. There are no public park or recreational facilities to be located in whole or in part within this subdivision. The subdivider is therefore obligated to pay park-in-lieu fees in accordance with section 20.44.050 of the Carlsbad Municipal Code and has either paid all of said park in-lieu fees or agreed to pay all of said park-in-lieu fees in accordance with section 20.16.070 of the Carlsbad Municipal Code. Code Reminders: 16. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the City of Carlsbad Municipal Code to the satisfaction of the city engineer. CITY OF CARLSBAD TERI DELCAMP Principal Planner TD:JG:sc c: Warren Lyall, Lyall Enterprises, Inc., 15524 Highway 76, Pauma Valley, CA 92061 Don Neu, City Planner Kyrenne Chua, Project Engineer Data Entry/HPRM File Copy