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Home My WebLink AboutSDP 2018-0022; RESORT VIEW APARTMENTS-1ST EXTENSION; Admin Decision LetterApril 14, 2022 John Allen Streamline Development Group PO BOX99417 San Diego, CA 99417 ('Cityof Carlsbad BFILE COPY ~ dt I 'I /l'l/22 SUBJECT: FIRST EXTENSION FOR SOP 2018-0022 / HOP 2018-0006 (DEV2017-0225)-RESORT VIEW APARTMENTS Dear Mr. Allen, The Planning Division has completed its review of your application for the first extension of Site Development Plan SOP 2018-0022 and Hillside Development Permit HOP 2018-0006 -Resort View Apartments submitted on January 26, 2022. The project was approved on February 5, 2018 and was due to expire on February 5, 2020. After careful consideration of the circumstances surrounding this request, it has been determined that (1) the first extension of Site Development Plan SOP 2018-0022 and Hi,lside Development Permit HOP 2018-0006 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 extension of Site Development Plan SOP 2018-0022 and Hillside Development Permit HOP 2018-0006 for two (2) years from February 5, 2022, to February 5, 2024, based on the following findings and conditions. Findings: 1. All the findings contained in Planning Commission Resolution No. 7358 dated February 5, 2020, are incorporated herein by reference and remain in effect. 2. That the first extension of Site Development Plan SOP 2018-0022 and Hillside Development Permit HOP 2018-0006 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 Site Development Plan SOP 2018-0022 and Hillside Development Permit HOP 2018-0006 was originally approved. 4. 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. Community Development Department Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov SDP 2018-0022 / HDP 2018-0006 (DEV2017-0225)-RESORT VIEW APARTMENTS April 14, 2022 Pa e 2 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 Site Development ~Ian SDP 2018- 0022 and Hillside Development Permit HDP 2018-0006. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the first extension of Site Development Plan SDP 2018-0022 and Hillside Development Permit HDP 2018-0006 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 Site Development Plan SDP 2018~0022 and Hillside Development Permit · HDP 2018-0006, (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. SDP 2018-0022 / HDP 2018-0006 (DEV2017-0225)-RESORT VIEW APARTMENTS April 14, 2022 Pa e 3 6. The first extension of Site Development Plan SOP 2018-0022 and Hillside Development Permit HOP 2018-0006 is retroactively granted for a period of two (2) years from February 5, 2022, to February 5, 2024. 7. All conditions contained in Planning Commission Resolution No. 7358 dated February 5, 2020, apply to this extension and are incorporated herein by reference and remain in effect, except that Condition No. 9 of Planning Commission Resolution No. 7358 are superseded by Condition No. 6 above. CITY OF CARLSBAD CLIFF JONES Principal Planner CJ:cf c: Don Neu, City Planner Cliff Jones, Project Planner Data Entry/HPRM/File Copy