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Home My WebLink AboutCT 2019-0001; LA COSTA VILLAS NORTH - 1ST EXTENSION; Admin Decision LetterOct. 10, 2023 Richard Ferguson 3146 Tiger Run Ct. Ste. 104 Carlsbad, CA 92010 -)11~/ = ~-:L[ COPY Ccityof Carlsbad SUBJECT: CT2019-0001/PUD2019-0001 {DEV2018-0135) -LA COSTA VILLAS NORTH -FIRST EXTENSION The Planning Division has completed its review of your application for the first extension of Tentative Tract Map CT 2019-0001 and Planned Development Permit PUD 2019-0001-LA COSTA VILLAS NORTH, submitted on September 20, 2023. Said permi°ts include the subdivision of one residential lot and the construction of nine airspace condominiums on approximately 0.40 acres of land. The project site is generally located on the south side of Gibraltar Street, at the intersection of Gibraltar Street and Jerez Court {APN 216-300-05-00) within Local Facilities Management Zone 6. The project was approved on October 20, 2021, pursuant to Planning Commission Resolution No. 7427 and was due to expire on October 20, 2023. After careful consideration of the circumstances surrounding this request, it has been determined that (1) the first extension of Tentative Tract Map CT 2019-0001 and Planned Development Permit PUD 2019- 0001-LA COSTA VILLAS NORTH, was submitted iri a timely manner prior to the expiration date, and (2) that the findings required for granting a Tentative Tract Map and Planned Development Permit can be made; therefore, the City Planner APPROVES the first extension of Tentative Tract Map CT 2019-0001 and Planned Development Permit PUD 2019-0001-LA COSTA VILLAS NORTH or two (2) years from October 20, 2023, to October 20, 2025, based on the following findings and conditions. Findings: · 1. All the findings contained in the Planning Commission Resolution No. 7427 dated October 20, 2021, for Tentative Tract Map CT 2019-0001 and Planned Development Permit PUD 2019-0001-LA COSTA VILLAS NORTH, apply to this extension and are incorporated herein by reference and remain in effect. 2. That the first two-year extension of Tentative Tract Map CT 2019-0001 and Planned Development Permit PUD 2019-0001 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. 3. That circumstances have not substantially changed since Tentative Tract Map CT 2019-0001 and Planned Development Permit PUD 2019-0001 were originally approved. 4. That the two-year extension is appropriate because the owner/applicant is diligently pursuing finalizing all necessary permits, the project remains consistent with the Tentative Tract Map and Planned Development regulations (i.e., Title 20 and 21 of the Carlsbad Municipal Code), and the extension would allow the owner/applicant to preserve existing property entitlements while satisfying the conditions for the nine airspace condominium development. Con,munity Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2600 CT2019-0001/PUD2019-0001 (DEV2018-0135)-LA COSTA VILLAS NORTH -FIRST EXTENSION Oct. 10, 2023 Pae 2 5. The City Planner has determined the project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Section 15332, In-fill Development Projects. The project is consistent with the General Plan as well as with the Zoning Ordinance, the project site is within the city limits, is less than five acres in size, and is surrounded by urban uses; there is no evidence that the site has value as habitat for endangered, rare, or threatened species; approval of the project will not result in significant effects relating to traffic, noise, air quality, or water quality; and the site can be adequately served by all required utilities and p~blic services. 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 first extension of Tentative Tract Map CT 2019-0001 and Planned Development Permit PUD 2019-0001. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the first extension of Tentative Tract Map CT 2019-0001 and Planned Development Permit PUD 2019-0001 documents, as necessary to make them internally consisterit 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 Tentative Tract Map CT 2019-0001 and Planned Development Permit PUD 2019-0001 (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 CT2019-0001/PUD2019-0001 (DEV2018-0135) -LA COSTA VILLAS NORTH -FIRST EXTENSION Oct. 10, 2023 Pa e 3 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 Tentative Tract Map CT 2019-0001 and Planned Development Permit PUD 2019-0001 is granted for a period of two (2) years from October 20, 2023, to October 20, 2025. 7. All conditions contained in Planning Commission Resolution No. 7427 dated October 20, 2021, apply to this extension and are incorporated herein by reference and remain in effect, except that Condition No. 9 of Planning Commission Resolution No. 7427 is superseded by Condition No. 6 above. Sincerely, CLIFF JONES Principal Planner CJ:LY:mh c: Foroozandeh and Faramarz Sahba, 3525 Del Mar Heights RD San Diego, CA 92130-2199 400 GIBRALTAR LLC, 3525 Del Mar Heights RD Unit:724 San Diego, CA 92130 Eric Lardy, City Planner Linda Ontiveros, Project Engineer Data Entry Laserfiche