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Home My WebLink AboutCT 2017-0003; LA COSTA TOWN SQUARE PARCEL 3 RESIDENTIAL - 1ST EXTENSION; Admin Decision LetterJanuary 23, 2023 Craig Moraes 1250 Corona Point Court, Suite 500 Corona, CA 92879 BFIL[ CO?Y {'cityof Carlsbad SUBJECT: FIRST EXTENSION FOR CT 2017-0003/PUD 2017-0004/SDP 2018-0018 (DEV2017-0178}- LA COSTA TOWN SQUARE PARCEL 3 RESIDENTIAL Dear Mr. Moraes, The Planning Division has completed its review of your application for the first Tentative Tract Map Extension of CT 2017-0003 and the first extension ofthe following related permits: PUD 2017-0004/SDP 2018-0018 -LA COSTA TOWN SQUARE PARCEL 3 RESIDENTIAL, submitted on January 12, 2023. The project was originally approved by the City Council pursuant to Resolution No. 2021-052 dated March 9, 2021. Pursuant to Condition No. 65 of Planning Commission Resolution No. 7391, CT 2017-0003 and those related permits noted above are set to expire two (2) years from the date City Council approved the project on March 9, 2021. After careful consideration of the circumstances surrounding this request, it has been determined that (1) the first Tentative Tract Map Extension of CT 2017-0003 and the first extension of the following related permits: PUD 2017-0004/SDP 2018-0018 -LA COSTA TOWN SQUARE PARCEL 3 RESIDENTIAL 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 Title 21 of the Carlsbad Municipal Code, and (4) the findings required for granting a time extension can be made. Therefore, the city planner APPROVES the first Tentative Tract Map Extension of CT 2017-0003 and the first extension of the following related permits: PUD 2017- 0004/SDP 2018-0018 -LA COSTA TOWN SQUARE PARCEL 3 RESIDENTIAL for two (2) years from March 9, 2023, to March 9, 2025, based on the following findings and conditions. Findings: 1. All the findings contained in City Council Resolution No. 2021-052 dated March 9, 2021, and Planning Commission Resolution No. 7391 dated December 2, 2020, are incorporated herein by reference and remain in effect. 2. That the first Tentative Tract Map Extension of CT 2017-0003 and the extension of the following related permits: PUD 2017-0004/SDP 2018-0018 remains consistent with the General Plan, 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 Development Department Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov CT 2017-0003/PUD 2017-0004/SDP 2018-0018 (DEV2017-0178) - LA COSTA TOWN SQUARE PARCEL 3 RESIDENTIAL January 23, 2023 Pa e 2 3. That circumstances have not substantially changed since CT 2017-0003/PUD 2017-0004/SDP 2018- 0018 were originally approved. 4. The City Planner has determined that the potenti;;il environmental effects of the project were adequately analyzed by the previously certified Environmental Impact Report (EIR) and Mitigation Monitoring and Reporting Program (MMRP) for the construction of La Costa Town Square (EIR 01- 02) -LA COSTA TOWN SQUARE, City Council Resolution No. 2009-213, dated August 18, 2009. The project has no new significant environmental effect not analyzed as significant in the certified Environmental Impact Report and Mitigation Monitoring and Reporting Program; none of the circumstances requiring further environmental compliance under CEQA Guidelines Sections 15162 or 15163 exist; and all feasible mitigation measures identified in the certified Environmental Impact Report and Mitigation Monitoring and Reporting Program, which are appropriate to this subsequent project, will be incorporated. The approved EIR and MMRP are on file for review at the Planning Division. Conditions: 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 Tentative Tract Map Extension of CT 2017- 0003 and the first extension of the following related permits: PUD 2017-0004/SDP 2018-0018. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the first Tentative Tract Map Extension of CT 2017-0003 and the first extension of the following related permits: PUD 2017-0004/SDP 2018-0018 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 CT 2017-0003/PUD 2017-0004/SDP 2018-0018 (DEV2017-0178) - LA COSTA TOWN SQUARE PARCEL 3 RESIDENTIAL January 23, 2023 Pa e 3 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 Tentative Tract Map Extension of CT 2017-0003 and the first extension of the following related permits: PUD 2017-0004/SDP 2018-0018 (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. The first Tentative Tract Map Extension of CT 2017-0003 and the first extension of the following related permits: PUD 2017-0004/SDP 2018-0018 is granted for a period of two (2) years from March 9, 2023, to March 9, 2025. 7. All conditions contained in City Council Resolution No. 2021-052 dated March 9, 2021, and Planning Commission Resolution No. 7391 dated December 2, 2020, apply .to this extension and are incorporated herein by reference and remain in effect, except that Condition No. 65 of Planning Commission Resolution No. 7391 is superseded by Condition No. 6 above. CITY OF CARLSBAD 1fffe~---· CLIFF JONES Principal Planner CJ:JG:JC c: Chris Stanicek, WOODSIDE 05S, LP, 1250 Corona Point Court, Suite 500, Corona, CA 92879 Eric Lardy, City Planner Nichol Fine, Project Engineer Data Entry Laserfiche