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Home My WebLink AboutMS 16-01; PACIFIC WIND - 1ST EXTENSION; Admin Decision LetterMarch 27, 2019 Debra Pember Developers Edge 215 So. Hart Place Fullerton, CA 92831 ~ltJJ, 3 ·21-1°\ 8FllE COPY SUBJECT: MS 16-01 (DEV1S058)-PACIFIC WIND -15r EXTENSION Dear Ms. Pember, Ccityof Carlsbad The Planning Division has completed its review of your application for the first extension of MS 16-01- PACIFIC WIND, submitted on March 4, 2019. Pacific Wind Minor Subdivision (MS 16-01) was originally approved by the Planning Commission through Resolution No. 7233 on April 19, 2017, with an expiration date of April 19, 2019, and subsequently modified by Consistency Determination (CD) 2018- 0013, dated August 20, 2018. After careful consideration of the circumstances surrounding this request, it has been determined that (1) the first extension of MS 16-01-PACIFIC WIND was submitted in a timely manner prior to the expiration date, (2) there has been no change of circumstances in relation to the Planned Unit Development and Minor Subdivision regulations (i.e., Titles 20 and 21 of the Carlsbad Municipal Code), (3) the project is still in compliance with the Planned Unit Development and Minor Subdivision regulations, and (4) the findings required for granting a Minor Subdivision Extension can be made; therefore, the City Planner APPROVES the first extension of Minor Subdivision MS 16-01-PACIFIC WIND for two (2) years from April 19, 2019, to April 19, 2021, based on the following findings and conditions. Findings: 1. That all of the findings contained in Planning Commission Resolution No. 7233 dated April 19, 2017, and Consistency Determination CD 2018-0013 dated August 20, 2018, are incorporated herein by reference and remain in effect. 2. That the first extension of Minor Subdivision MS 16-01 -PACIFIC WIND remains consistent with the general plan, all titles of this code and growth management program policies and standards in place at the time the extension is considered. 3. That circumstances have not substantially changed since Minor Subdivision MS 16-01 was originally approved. 4. That the first two-year extension of MS 16-01-PACIFIC WIND (from April 19, 2019, to April 19, 2021) is appropriate because the owner/applicant is diligently pursuing finalizing all necessary permits, the project remains consistent with the Minor Subdivision and Planned Unit Development regulations Community & Economic Development Planning Division \ 1635 Faraday Avenue Carlsbad, CA 92008-7314 \ 760-602-4600 \ 760-602-8560 f I www.carlsbadca.gov MS 16-01 (DEV15058)-PACIFIC WIND March 27, 2019 Page 2 t' .... j \. (i.e., Titles 20 and 21 of the CMC), and the extension would allow the owner/applicant to preserve existing property entitlements while satisfying the conditions for the demolition of 44 residential units and construction of an 87-unit affordable housing development. Per Carlsbad Municipal Code (CMC) Section 20.12.110{B){4)(c), the City Planner may grant no more than three two-year extensions. This is the first extension of MS 16-01-PACIFIC WIND. 5. That all project related permits or approvals issued pursuant to CMC Title 21 (Site Development Plan 15-18 and Coastal Development Permit 16-04) are extended to expire concurrently with MS 16-01. 6. The project is exempt from CEQA pursuant to Sections 21159.21 and 21159.23 of the California Public Resources Code and CEQA Guidelines Section 15194 Affordable Housing Exemption. The project meets the criteria set forth in Section 15192 (Threshold Requirements for Exemptions for Agricultural Housing, Affordable Housing, and Residential Infill Projects) and Section 1~194 (Affordable Housing Exemption) as follows: the project site is less than five acres in size; the project is located in an incorporated city with a population density of at least .1,000 persons per square mile; there is no reasonable possibility that the project would have a significant effect on the environment or the residents of the project due to unusual circumstances or due to the related or cumulative impacts of reasonably foreseeable projects in the vicinity of the project; the project site has been previously developed for qualified urban uses; the project consists of the construction, conversion, or use of residential housing consisting of 100 or fewer units that are affordable to low-income households; and the· developer of the project is providing sufficient legal commitments to the City of Carlsbad to ensure the continued availability and use of the housing units for lower income households for a period of at least 55 years, at monthly housing costs deemed to be "affordable rent" for very low and extremely low income households, as determined pursuant to Section 50053 of the Health and Safety Code. Satisfaction of these criteria also satisfies the requirements set forth in CEQA Sections 21159.21 and 21159.23. 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 extension of Minor Subdivision MS 16-01 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. A.ny proposed development different from this approval, shall require an amendment to this approval. MS 16-01 (DEV15058) -PACIFIC WIND March 27, 2019 Page 3 3. The Developer shall comply with all applicable provisions of federal, state, and local ordinances 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 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 approva I is not validated. 6. The first extension of Minor Subdivision MS 16-01 is granted for a period of two (2) years from April 19, 2019, to April 19, 2021. 7. All conditions contained in Planning Commission Resolution No. 7233 and requirements of Consistency Determination CD 2018-0013 apply to this extension and are incorporated herein by reference and remain in effect, except condition No. 9 in Planning Commission Resolution No. 7233, which is hereby superseded by Condition No. 6 above. This decision may be appealed by you or any other member of the public to the Planning Commission within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division at 1635 Faraday Avenue in Carlsbad, along with a payment of $876.00. The filing of such appeal within such time limit shall stay the effective date of the order of the City Planner until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Esteban Danna at (760) 602-4629. City of Carlsbad TERI DELCAMP Principal Planner TD:ED:dh . c: Harding Street Neighbors, LP, 14211 Yorba Street, Suite 200, Tustin, CA 92780 David Rick, Project Engineer File Copy/HPRM