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Home My WebLink AboutCT 14-07; BEACHWALK AT ROOSEVELT - 1ST EXTENSION; Admin Decision LetterNovember 30, 2017 Chris McComic MR Carlsbad II, LLC Suite 100 1818 First Avenue San Diego, CA 92101 SUBJECT: CT 14-07 (DEV04098)-BEACHWALK AT ROOSEVELT De<;1r Mr. McComic, The Planning Division has completed its review of your application for the first Tentative Tract Map Extension of CT 14-07 -BEACHWALK AT ROOSEVELT submitted on October 25, 2017. Tentative Tract Map CT 14-07 was originally approved by the City Council pursuant to Resolution No. 2016-047 on March 8, 2016. Condition Nos. 9 and 56 of Planning Commission Resolution No. 7146 required that the tentative map expire two (2) years from the date City Council approved the project or on March 8, 2018. After careful consideration of the circumstances surrounding this request, it has been determined that (1) the first Tentative Tract Map Extension of CT 14-07-BEACHWALK AT ROOSEVELT 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 first Tentative Tract Map Extension of CT 14-07 for two (2) years from March 8, 2018 to March 8, 2020, based on the following findings and conditions. Findings: 1. All the findings contained in City Council Resolution No. 2016-047 dated March 8, 2016, and Planning Commission Resolution No. 7146 dated February 3, 2016, are incorporated herein by reference and remain in effect. 2. That Tentative Tract Map Extension of CT 14-07 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 14-07 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 14-07 (DEV04098)-BEACHWALK AT ROOSEVELT November 30, 2017 Page 2 4. That all related permits or approvals issued pursuant to Title 21 (RP 14-20) have been extended to expire concurrently with Tentative Tract Map CT 14-07. 5. That the City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Infill Development Projects -Section 15332 of the state CEQA Guidelines. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this 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. 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 .,, CT 14-07 (DEV04098)-BEACHWALK AT ROOSEVELT November 30, 2017 Page 3 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 first extension to Tentative Tract Map CT 14-07 and related Major Review Permit RP 14-20 is granted for a period of two (2) years from March 8, 2018 to March 8, 2020. 7. All conditions contained in Planning Commission Resolution No. 7146 {CT 14-07 and RP 14-20) dated February 3, 2016 and City Council Resolution No. 2016-047 dated March 8, 2016, apply to this extension and are incorporated herein by reference and remain in effect, except that Condition No. 9 and Code Reminder No. 56 of Planning Commission Resolution No. 7146 are superseded by Condition No. 6 above and Engineering Condition No. 35 of Planning Commission Resolution No. 7146 is superseded by Condition No. 8 below. Engineering 8. 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. CITY OF CARLSBAD TERI DELCAMP Principal Planner TD:SH:sc c: Don Neu, City Planner Shannon Harker, Project Planner Kyrenne Chua, Project Engineer Data Entry/HPRM File Copy