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Home My WebLink AboutCT 2019-0003; CARLSBAD STATION - 1ST EXTENSION; Admin Decision LetterAugust 16, 2022 Chris McKellar McKellar McGowan LLC 5120 Shoreham Pl, Ste 280 San Diego, CA 92122 Ccityof Carlsbad SUBJECT: FIRST EXTENSION FOR CT 2019-0003 / SOP 2019-0004 (DEV2019-0063) -CARLSBAD STATION Dear Mr. McKellar, The Planning Division has completed its review of your application for the first Tentative Tract Map Extension of CT 2019-0003 and Site Development Plan Extension of SDP 2019-0004 -CARLSBAD STATION submitted on July 13, 2022. Tentative Tract Map CT 2019-0003 / SDP 2019-0004 was originally approved by the City Council pursuant to Resolution No. Resolution No. 2020-2022 on October 13, 2020. Condition Nos. 9 of Planning Commission Resolution No. 7375 required that the tentative map and site development plan expire two (2) years from the date City Council approved the project on October 13, 2022. After careful consideration of the circumstances surrounding this request, it has been determined that (1) the first Tentative Tract Map Extension of CT 2019-0003 and Site Development Plan Extension of SDP 2019-0004-CARLSBAD STATION 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 Carlsbad Village & Barrio Master Plan and Title 21, and (4) the findings required for granting a Tentative Tract Map Extension and Site Development Plan Extension can be made. Therefore, the city planner APPROVES the first Tentative Tract Map Extension of CT 2019-0003 and Site Development Plan Extension of SDP 2019-0004 - CARLSBAD STATION for two (2) years from October 13, 2022, to October 13, 2024, based on the following findings and conditions. Findings: 1. All the findings contained in City Council Resolution No. 2020-2022 dated October 13, 2020, and Planning Commission Resolution No. 7375 dated June 17, 2020, are incorporated herein by reference and remain in effect. 2. That the first two-year extension (from October 13, 2022, to October 13, 2024) is appropriate because the owner/applicant is diligently pursuing finalizing all necessary permits, the project is still consistent with the Carlsbad Village & Barrio Master Plan regulations, and the extension would allow the owner/applicant to preserve existing property entitlements while satisfying the conditions for the Community Development Department Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov CT 2019-0003 / SDP 2019-0004 (DEV2019-0063) -CARLSBAD STATION August 16, 2022 Pa e 2 construction of a four-story mixed-use project consisting of two buildings with eighty-three condominium units comprising seventy-nine residential units and four commercial units on a 1.75- acre site located at 2747, 2775, 2777, 2785, and 2801 Roosevelt Street and 2780 and 2802 State Street. 3. That the first Tentative Tract Map Extension of CT 2019-0003 and Site Development Plan Extension of SDP 2019-0004 remains consistent with the General Plan, Carlsbad Village & Barrio Master Plan, all titles of the Carlsbad Municipal Code and growth management program policies and standards in place at the time of their extension. 4. That circumstances have not substantially changed since Tentative Tract Map CT 2019-0003 and Site Development Plan SDP 2019-0004 were originally approved. 5. 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 applX to this project. 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 py the City's approval of this first Tentative Tract Map Extension of CT 2019- 0003 and Site Development Plan Extension of SDP 2019-0004. 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 2019-0003 and Site Development Plan Extension of SDP 2019-0004 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. CT 2019-0003 / SDP 2019-0004 (DEV2019-0063) -CARLSBAD STATION August 16, 2022 Pa e 3 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 Tentative Tract Map Extension of CT 2019-0003 and Site Development Plan Extension of SOP 2019-0004, (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 2019-0003 and Site Development Plan Extension of SOP 2019-0004 is granted for a period of two (2) years from October 13, 2022, to October 13, 2024. 7. All conditions contained in City Council Resolution No. 2020-2022 dated October 13, 2020, and Planning Commission Resolution No. 7375 dated June 17, 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. 7375 is superseded by Condition No. 6 above. CITY OF CARLSBAD CLIFF JONES Principal Planner CJ:JC c: Eric Lardy, City Planner Nichole Fine, Project Engineer Data Entry /Laserfishe File Copy