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Home My WebLink AboutMS 05-10; EUCALYPTUS MINOR SUBDIVISION - 3RD EXTENSION; Admin Decision LetterJuly 31, 2020 Guy Oliver Summit West Real Estate, Inc. 2652 La Costa Avenue Carlsbad, CA 92009 l3 FILE COPY C City of Carlsbad SUBJECT: MS 05-10 (DEV05123)-EUCALYPTUS MINOR SUBDIVISION -3RD EXTENSION Dear Mr. Oliver, The Planning Division has completed its review of your application for the third extension of Minor Subdivision MS 05-10 -EUCALYPTUS MINOR SUBDIVISION, submitted on June 29, 2020. The Minor Subdivision MS 05-10 was originally approved by the City Engineer on July 9, 2007, with an expiration date of July 9, 2009. Since that time, the minor subdivision has been automatically extended a total of four times with Senate Bill 1185 granting a one-year extension to July 9, 2010; Assembly Bill (AB) 333 granting a two-year extension to July 9, 2012;, AB 208 granting a two-year extension to July 9, 2014; and AB 116 granting a two-year extension to July 9, 2016. On August 24, 2016, the City approved the first two-year extension from July 9, 2016, to July 9, 2018. On July 18, 2018, the City approved the second two-year extension from July 9, 2018, to July 9, 2020. After careful consideration of the circumstances surrounding this request, it has been determined that (1) the third extension of Minor Subdivision MS 05-10 -EUCALYPTUS MINOR SUBDIVISION was submitted in a timely manner prior to the expiration date, (2) there has been no change of circumstances in relation to the Minor Subdivision regulations (i.e., Title 20 of the Carlsbad Municipal Code), (3) the project is still in compliance with the Minor Subdivision regulations, and (4) the findings required for granting a Minor Subdivision Extension can be made; therefore, the City Planner retroactively APPROVES the third extension of Minor Subdivision MS 05-10 for a period of two (2) years from July 9, 2020, to July 9, 2022, based on the following findings and conditions. Findings: 1. That all the findings contained in the Preliminary Decision Letter of Minor Subdivision MS 05-10, dated July 9, 2007, and the first and second extensions of Minor Subdivision MS 05-10, dated August 24, 2016, and July 18, 2018, respectively, are incorporated herein by reference and remain in effect. 2. That the third extension of Minor Subdivision MS 05-10 remains consistent with the General Plan, all titles of the Carlsbad Municipal Code and growth management program policies and standards in place at this time. 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 MS 05-10 (DEV05123)-EUCALYPTUS MINOR SUBDIVISION July 31, 2020 Pa e 2 3. That circumstances have not substantially changed since Minor Subdivision MS 05-10 was originally approved. 4. The City Planner has determined that: a. The project is a project for which a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program were previously adopted [15162] (Planning Commission Resolution No. 6207, dated December 6, 2006); b. This project is consistent with the project cited above; c. The Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program 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 and Mitigation Monitoring and Reporting Program; e. None of the circumstances requiring further environmental compliance under CEQA Guidelines Sections 15162 exist; and f. The City Planner finds that all feasible mitigation measures identified in the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, 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 final map approval or issuance of a grading permit, whichever occurs first, or pursuant to an approved construction schedule at the discretion of the appropriate division manager or official. 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 Minor Subdivision Extension. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor Subdivision 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. MS 05-10 (DEV05123)-EUCALYPTUS MINOR SUBDIVISION July 31, 2020 Pa e 3 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 Minor Subdivision 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. All conditions contained in the secon_d extension of Minor Subdivision MS 05-10 dated July 18, 2018, apply to this extension and are incorporated herein by reference and remain in effect except for Condition No. 7, which is hereby superseded by Condition No. 7 below. 7. The third extension of Minor Subdivision MS 05-10 is granted for a period of two (2) years from July 9, 2020, through July 9, 2022. CITY OF CARLSBAD Te-Fr' Oele111Kb f:f TERI DELCAMP Principal Planner TD:SH:cf c: Tim Carroll, Project Engineer Data Entry File Copy HPRM