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Home My WebLink AboutSDP 16-20; WEST OAKS - 1ST EXTENSION; Admin Decision Letter,. March 26, 2024 The Carlsbad West Oaks Project Attn: Greg Waite 703 Palomar Airport Rd. Suite 170 Carlsbad, CA 92011 {'city of Carlsbad SUBJECT: SOP 16-20/CDP 16-31/HMP 16-04/MS 2018-0005 (DEV13018) -WEST OAKS -1 ST EXTENSION The Planning Division has completed a review of your application for the first extension of SOP 16-20/CDP 16-31/HMP 16-04/MS 2018-0005 (DEV13018) -WEST OAKS submitted on February 13, 2024. SOP 16- 20/CDP 16-31/HMP 16-04/MS 2018-0005 was approved by the California Coastal Commission on October 12, 2022 and is due to expire on October 12, 2024. Condition No. 11 of Planning Commission Resolution No. 7397 required that Site Development Plan, Coastal Development Permit, Habitat Management Plan, and Minor Subdivision expire two (2) years from the date the California Coastal Commission approved the project or on October 12, 2022. After careful consideration of the circumstances surrounding this request, it has been determined that (1) the first extension of SOP 16-20/CDP 16-31/HMP 16-04/MS 2018-0005 (DEV13018) -WEST OAKS, was submitted in a timely manner prior to the expiration date, (2) there has been no change of circumstances in relation to the Site Development Plan, Coastal Development Permit, Habitat Management Plan and Minor Subdivision regulations (i.e., Title 20 & 21 of the Carlsbad Municipal Code), (3) the project is still in compliance with the Site Development Plan, Coastal Development Permit, Habitat Management Plan and Minor Subdivision regulations, and (4) the findings required for granting an extension of the Site Development Plan, Coastal Development Permit, Habitat Management Plan and Minor Subdivision can be made; therefore, the City Planner APPROVES the first extension of SOP 16-20/CDP 16-31/HMP 16-04/MS 2018-0005 (DEV13018) -WEST OAKS, for two (2) years from October 12, 2024, to October 12, 2026, based on the following findings and conditions. Findings: 1. All of the findings contained in the City Council Resolution No. 2021-097, dated May 4, 2021 and Planning Commission Resolution No. 7395, dated January 20, 2021 for SOP 16-20/CDP 16-31/HMP 16-04/MS 2018-0005 (DEV13018) -WEST OAKS apply to this extension and are incorporated herein by reference and remain in effect. 2. That the two-year extension (from October 12, 2024, to October 12, 2026) is appropriate because the owner/applicant is diligently pursuing finalizing all necessary permits, the project is still consistent with the Site Development Plan, Coastal Development Permit, Habitat Management Plan and Minor Subdivision regulations, and the extension would allow the owner/applicant to preserve existing Community Development Department Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov SDP 16-20/CDP 16-31/HMP 16-04/MS 2018-0005 (DEV13018) -WEST OAKS March 26, 2024 Pa e 2 property entitlements while satisfying the conditions for the construction of a 192 multiple-family residential unit project (SDP 16-20/CDP 16-31/HMP 16-04/MS 2018-0005). 3. That circumstances have not substantially changed since SDP 16-20/CDP 16-31/HMP 16-04/MS 2018- 0005 were originally approved. 4. That all related permits or approvals issued pursuant to Title 21 have been extended to expire concurrently with SDP 16-20/CDP 16-31/HMP 16-04/MS 2018-0005. 5. The City Planner has determined that: a. the project is a project for which a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum were previously adopted [15162) (City Council Resolution No. 2021-097, dated May 4, 2021 and Planning Commission Resolution No. 7395, dated January 20, 2021); b. this project is consistent with the project cited above; c. the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum were adopted in connection with the prior project; d. the project has no new significant environmental effect not analyzed as significant in the prior Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum; e. none of the circumstances requiring further environmental compliance under CEQA Guidelines Sections 15162 or 15163 exist; and f. the City Planner finds that all feasible mitigation measures identified in the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Addendum, which are appropriate to this Subsequent Project, have been incorporated into this Subsequent Project. 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 inter~st by the City's approval of this first extension of SDP 16-20/CDP 16-31/HMP 16- 04/MS 2018-0005. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the first extension of SDP 16-20/CDP 16-31/HMP 16-04/MS 2018-0005 documents, as necessary to make them internally consistent and in conformity with the final action on the project. SDP 16-20/CDP 16-31/HMP 16-04/MS 2018-0005 (DEV13018) -WEST OAKS March 26, 2024 Pa e 3 Development shall occur substantially as shown on the a'pproved 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 SOP 16-20/CDP 16-31/HMP 16-04/MS 2018-0005 (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 extension of SOP 16-20/CDP 16-31/HMP 16-04/MS 2018-0005 is· granted for a period of two (2) years from October 12, 2024, to October 12, 2026. 7. All conditions contained in City Council Resolution No. 2021-097 dated May 4, 2021, and Planning Commission Resolution No. 7397 dated January 20, 2021, apply to this extension and are incorporated herein by reference and remain in effect, except that Condition No. 11 of Planning Commission Resolution No. 7397 is superseded by Condition No. 6 above. CITY OF CARLSBAD CLIFF JONES Principal Planner CJ:mh c: Nichole Fine, Project Engineer Eric Lardy, City Planner Data Entry Laserfiche/File Copy