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Home My WebLink AboutCUP 2021-0014; VETERANS MEMORIAL PARK CIP 4609 - 1ST EXTENSION; Admin Decision LetterJune 13, 2024 Yi Su, Park Planner Parks & Recreation Department City of Carlsbad 3096 Harding Street Carlsbad, CA 92008 ( City of Carlsbad IMAGED JUN 1 7' 2024 CITY OF CARLSBA~ SUBJECT: FIRST EXTENSION FOR CUP 2021-0014/CDP 2021-0052/HDP 2021-0003/HMP 2021- 0006 (PUB 2019-0012) -VETERANS MEMORIAL PARK CIP 4609 The Planning Division has completed a review of your application for the first extension of Conditional Use Permit CUP 2021-0014, Coastal Development Permit CDP 2021-0052, Hillside Development Permit HDP 2021-0003, and Habitat Management Plan Permit HMP 2021-0006. These permits were issued for Veterans Memorial Park, a 91.5-acre public park to be built along Faraday Avenue, east of Cannon Road. The Planning Commission approved the permits on June 15, 2022, and that approval is due to expire on June 15, 2024. The Planning Division received an application to extend the approval on May 6, 2024. After careful consideration of the circumstances surrounding this request, it has been determined that (1) the first extension of Conditional Use Permit CUP 2021-0014, Coastal Development Permit CDP 2021- 0052, Hillside Development Permit HDP 2021-0003, and Habitat Management Plan Permit HMP 2021- 0006 was timely submitted prior to the expiration date; (2) the project is still in compliance with the Conditional Use Permit, Coastal Development Permit, Hillside Development Permit, and Habitat Management Permit regulations found in Title 21 of the Carlsbad Municipal Code; (3) there has been no change of circumstances that may affect the project's consistency with the Local Coastal Program or with the policies of Chapter 3 of the Coastal Act, and (4) that the findings required for granting a Conditional Use Permit, Coastal Development Permit, Hillside Development Permit, and Habitat Management Permit extension can be made; therefore, the City Planner APPROVES the first extension of Conditional Use Permit CUP 2021-0014, Coastal Development Permit CDP 2021-0052, Hillside Development Permit HDP 2021-0003, and Habitat Management Plan Permit HMP 2021-0006 for two years from June 15, 2024 to June 15, 2026, based on the following findings and conditions. Findings: 1. That all findings contained in the Planning Commission Resolution No. 7454 dated June 15, 2022, for Conditional Use Permit CUP 2021-0014, Coastal Development Permit CDP 2021-0052, Hillside Development Permit HDP 2021-0003, and Habitat Management Plan Permit HMP 2021-0006 apply to this extension and are incorporated herein by reference and remain in effect. 2. That the first two-year extension (from June 15, 2024, to June 15, 2026) is appropriate because the owner/applicant is diligently pursuing finalizing all necessary permits and the extension would allow the owner/applicant to preserve existing property entitlements while satisfying the conditions for the construction of a public park pursuant to Conditional Use Permit CUP 2021-0014, Coastal Development Permit CDP 2021-0052, Hillside Development Permit HDP 2021-0003, and Habitat Management Plan Permit HMP 2021-0006. Community Development Department Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 j 760·602-8560 f I www.carlsbadca.gov CUP 2021-0014/CDP 2021-0052/HDP 2021-0003/HMP 2021-0006 (PUB 2019-0012)-VETERANS MEMORIAL PARK CIP 4609 -FIRST EXTENSION June 13, 2024 Page 2 3. That the first two-year extension of Conditional Use Permit CUP 2021-0014, Coastal Development Permit CDP 2021-0052, Hillside Development Permit HDP 2021-0003, and Habitat Management Plan Permit HMP 2021-0006 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. 4. That there has been no change of circumstances that may affect the consistency of Conditional Use Permit CUP 2021-0014, Coastal Development Permit CDP 2021-0052, Hillside Development Permit HOP 2021-0003, and Habitat Management Plan Permit HMP 2021-0006 with the certified Local Coastal Program or the policies of Chapter 3 of the Coastal Act. 5. That the Planning Commission, on June 15, 2022, approved Planning Commission Resolution 7453, adopting a Mitigated Negative Declaration and finding that all potentially significant environmental impacts associated with Veterans Memorial Park would be mitigated to below a level of significance due to the incorporation of mitigation measures. The granting of this time extension does not include nor result in any changes to the project as approved; therefore, the Planning Commission's determination pursuant to the California Environmental Quality Act as documented in Resolution 7453 remains valid. Conditions: 1. This first extension of Conditional Use Permit CUP 2021-0014, Coastal Development Permit CDP 2021-0052, Hillside Development Permit HOP 2021-0003, and Habitat Management Plan Permit HMP 2021-0006 is granted from June 15, 2024, to June 15, 2026. This approval shall become null and void if building permits are not issued for this project by June 15, 2026. 2. All the conditions contained in Planning Commission Resolution No. 7454 dated June 15, 2022, for Conditional Use Permit CUP 2021-0014, Coastal Development Permit CDP 2021-0052, Hillside Development Permit HOP 2021-0003, and Habitat Management Plan Permit HMP 2021-0006 apply to this extension and are incorporated herein by reference and remain in effect except for Planning Condition No. 8, which is superseded by Condition No. 1 of this approval letter. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. CUP 2021-0014/CDP 2021-0052/HDP 2021-0003/HMP 2021-0006 (PUB 2019-0012) -VETERANS MEMORIAL PARK CIP 4609 -FIRST EXTENSION June 13, 2024 Page 3 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. This decision may be appealed by you or any other member of the public to the Planning Commission within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division at 1635 Faraday Avenue in Carlsbad, along with a payment of $900. The filing of such appeal within such time limit shall stay the effective date of the order of the City Planner until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel to contact Scott Donnell, Senior Planner, at (442) 339-2610. CITY OF CARLSBAD /p~?f# ERIC LARDY City Planner EL:sd c: Nick Stupin, Park Planning Manager Curtis Jackson, Real Estate Manager Nicole Fine, Project Engineer Robert Efird, Principal Planner Data Entry Laserfiche/File Copy