HomeMy WebLinkAboutCT 06-04; RANCHO MILAGRO - 3RD EXTENSION; Admin Decision LetterFILE
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February 10, 2020
Stan Weiler
Howes Weiler Landy
2888 Loker Avenue East, Suite 217
Carlsbad, CA 92010
SUBJECT: CT 06-04 (DEV06043) -RANCHO MILAGRO-3RD EXTENSION
Dear Mr. Weiler,
{"Cityof
Carlsbad
The Planning Division has completed its review of your application for the third extension of Tentative
Tract Map CT 06-04-Rancho Milagro submitted on January 14, 2020. Tentative Tract Map CT 06-04 was
originally approved by Planning Commission Resolution No. 6863 on February 15, 2012, and was due to
expire on 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; and on September 19, 2016, the City Planner granted the
second two-year extension from February 15, 2018 to February 15, 2020.
After careful consideration of the circumstances surrounding this request, it has been determined that (1)
the third extension of Tentative Tract Map 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 third extension ofTentative Tract Map
CT 06-04 for a period of two (2) years· from February 15, 2020 to February 15, 2022, 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 the third two-year extension of Tentative Tract Map CT 06-04 (from February 15, 2020 to
February 15, 2022) 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 Development Department
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
February 10, 2020
Page 2
4.
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That all related permits or approvals issuec:l..ilJflijilflt 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
February 10, 2020
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 attorne'y'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 third extension of Tentative Tract Map CT 06-04 and related permits are granted for a
period of two (2) years from February 15, 2020 to February 15, 2022.
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 Nos. 45, 47,
59, 64, 67 and 75, which are hereby superseded by Condition Nos. 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
February 10, 2020
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 th?tt 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
tentative 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
CT 06-04 (DEV06043) -RANCHO MILAGRO
February 10, 2020
Page 5
Engineering Standards or line-of-sight per Caltrans standards.
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:mf
c: Warren Lyall, Lyall Enterprises, Inc., 15524 Highway 76, Pauma Valley, CA 92061
Don Neu, City Planner
Tim Carrol, Project Engineer
Data Entry/HPRM
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