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Home My WebLink AboutRP 15-16; 4 PLUS 1 LUXURY LIVING - 1ST EXTENSION; Admin Decision LetterFebruary 5, 2019 Tony Tonekaboni 2652 Escala Circle San Diego, CA 92108 ~\~ 9-.<.:,•\C\ B FILE COPY {'cicyof Carlsbad SUBJECT: RP 15-16/CDP 15-37 (DEV15066)-4 PLUS 1 LUXURY LIVING -FIRST EXTENSION The Planning Division has completed its review of your application for the first extension of Major Review Permit RP 15-16 and Coastal Development Permit CDP 15-37 -4 PLUS 1 LUXURY LIVING, submitted on January 7, 2019. Major Review Permit RP 15-16 and Coastal Development Permit CDP 15-37 were originally approved by the City Council pursuant to Resolution No. 2017-008 on January 10, 2017. Condition No. 9 of Planning Commission Resolution No. 7210 required that the RP 15-16 and CDP 15-37 expire two (2) years from the date City Council approved the project on January 10, 2017. After careful consideration of the circumstances surrounding this request, it has been determined that (1) the first extension of Major Review Permit RP 15-16 and Coastal Development Permit CDP 15-37 -4 PLUS 1 LUXURY LIVING was submitted in a timely manner prior to the expiration date, (2) there has been no change of circumstances in relation to the Carlsbad Village Master Plan or the coastal development regulations, (3) the project is still in compliance with the Carlsbad Village Master Plan and Title 21, and (4) the findings required for granting an extension to the Major Review Permit can be made. Therefore, the city planner retroactively APPROVES the first extension of Major Review Permit RP 15-16 and Coastal Development Permit CDP 15-37 for two (2) years from January 10, 2019, to January 10, 2021, based on the following findings and conditions. Findings: 1. All the findings contained in City Council Resolution No. 2017-008 dated January 10, 2017, and Planning Commission Resolution No. 7210 dated November 16, 2016, are incorporated herein by reference and remain in effect. 2. That the first two-year extension (from January 10, 2019, to January 10, 2021) is appropriate because the owner/applicant is diligently pursuing finalizing all necessary permits, the project is still consistent with the Carlsbad Village Master Plan and Design Manual regulations, and the extension would allow the owner/applicant to preserve existing property entitlements while satisfying the conditions for the construction of a four-story mixed-use building (RP 15-16/CDP 15-37) located at 3050 Madison Street. 3. That the first extension of Major Review Permit RP 15-16 and Coastal Development Permit CDP 15- 37 remains consistent with the General Plan, Carlsbad Village Master Plan and Design Manual, Local Coastal Program, all titles of the Carlsbad Municipal Code and growth management program policies and standards in place at the time of their extension. 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 RP 15-16/CDP 15-37 (DEV15066)-4 PLUS 1 LUXURY LIVING February 5, 2019 Pa e 2 4. That circumstances have not substantially changed since Major Review Permit RP 15-16 and Coastal Development Permit CDP 15-37 were originally approved. 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 issuance of a grading permit or building 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 first extension of Major Review Permit RP 15-16 and Coastal Development Permit CDP 15-37. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the first extension of Major Review Permit RP 15-16 and Coastal Development Permit CDP 15-37 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 first extension of Major Review Permit RP 15-16 and Coastal Development Permit CDP 15- 37, (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 RP 15-16/CDP 15-37 (DEV15066)-4 PLUS 1 LUXURY LIVING February 5, 2019 Pa e 3 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 first extension of Major Review Permit RP 15-16 and Coastal Development Permit CDP 15-37 is retroactively granted for a period of two (2) years from January 10, 2019, to January 10, 2021. 7. All conditions contained in Planning Commission Resolution No. 7210 (RP 15-16 and CDP 15-37) dated November 16, 2016, and City Council Resolution No. 2017-008 dated January 10, 2017, apply to this extension and are incorporated herein by reference and remain in effect, except that Condition No. 9 of Planning Commission Resolution No. 7210 is superseded by Condition No. 6 above and Conditions Nos. 24, 25 and 31 of Planning Commission Resolution No. 7210 are deleted. CITY OF CARLSBAD TERI DELCAMP Principal Planner TD:SH:dh c: Bruce Sahba, 1010 Pearl Street #12, La Jolla, CA 92037 Don Neu, City Planner Shannon Harker, Project Planner David Rick, Project Engineer Data Entry/HPRM File Copy