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HomeMy WebLinkAboutCT 15-06; THE WAVE - 1ST EXTENSION; Admin Decision LetterRFIj-ECOPY C City of Carlsbad May 15, 2018 Michael Akavan Carisbad Village Development, LLC 5160 Carroll Canyon Road, Ste 200 San Diego, CA 92121 SUBJECT: CT15-06 (DEV15G31) - THE WAVE The Planning Division has completed its review of your application for the first Tentative Tract Map Extension of CT 15-06 - THE WAVE, submitted on April 17, 2018 Tentative Tract Map CT 15-06 was originally approved by the Gty Counal pursuant to Resolution No. 2016-087 on May 3,2016. Condition No. 9 and Code Reminder No. 64 of Planning Commission Resolution No. 7152 required that the tentative map expire two (2) years from the date City Council approved the project or on May 3, 2018. After careful consideration of the circumstances surrounding this request, it has been determined that (1) the first Tentative Tract Map Extension of CT 15-06 - THE WAVE was submitted in a timely manner pnor 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 first Tentative Tract Map Extension of CT 15-06 for two (2) years from May 3, 2018, to May 3, 2020, based on the following findings and conditions Findings: 1 All the findings contained in City Council Resolution No. 2016-087 dated May 3, 2016, and Planning Commission Resolution No. 7152 dated March 16, 2016, are incorporated herein by reference and remain in effect 2 That the first Tentative Tract Map Extension of CT 15-06 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 15-06 was originally approved 4 That all related perjnits or approvals issued pursuant to Title 21 (RP 15-07) have been extended to expire concurrently with Tentative Tract Map CT 15-06 Community & Economic Development Planning Division 11635 Faraday Avenue Carlsbad, CA 92008-73141760-602-46001760-602-8560 f | www carlsbadca gov CT 15-06 {DEV15Q31) - THE WAVE A ' » I May 15,2018 yC ,f. „ Page 2 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 categoncally exempt from the requirement for the preparation of environmental documents pursuant to Infill Development Proj'ects - 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 recordatlon 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 overtime, if any of such conditions fail to be so implemented and maintained according to their terms, the city shall have the nght 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 nghts 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 Tentatn/e 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 Govemment 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 CT 15-06 {DEV15031) - THE WAVE May 15, 2018 Page 3 6 The first extension to Tentative Tract Map CT 15-06 and related Major Review Permit RP 15-07 is retroactively granted for a period of two (2) years from May 3,2018, to May 3, 2020. 7 All conditions contained in Planning Commission Resolution No. 7152 (CT 15-06 and RP 15-07) dated March 16,2016, and City Council Resolution No. 2016-087 dated May 3,2016, apply to this extension and are incorporated herein by reference and remain in effect, except that Condition No. 9 and Code Reminder No. 64 of Planning Commission Resolution No. 7152 are superseded by Condition No. 6 above. aTY OF CARLSBAD TERl DELCAMP Principal Planner TDSHjb Taal Safdie, 925 Fort Stockton Drive, San Diego, CA 92103 Don Neu, City Planner Shannon Marker, Project Planner Tecia Levy, Project Engineer Data Entry/HPRM File Copy