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Home My WebLink AboutCT 16-07; MARJA ACRES - 1ST EXTENSION; Admin Decision LetterSeptember 26, 2022 Eric Munoz Howes Weiler Landy 2888 E. Loker Avenue, Ste. 217 Carlsbad, CA 92010 EIFILE COPY Ccityof Carlsbad SUBJECT: FIRST EXTENSION FOR CT 16-07 /PUD 16-09/PUD 2018-0007 /SOP 2018-0001/ CDP 16-33/HDP 16-02/SUP 16-02 (DEV16038} -MARJA ACRES Dear Mr. Munoz, The Planning Division has completed its review of your application for the first Tentative Tract Map Extension of CT 16-07 aod the first extension of the following related permits: PUD 16-09/PUD 2018- 0007 /SOP 2018-0001/CDP 16-33/HDP 16-02/SUP 16-02-MARJA ACRES, submitted on September 1, 2022. The project was originally approved by the City Council pursuant to Resolution No. 2020-215 on November 3, 2020. Pursuant to Condition No. 11 of Planning Commission Resolution No. 7382, CT 16- 07 and related permits noted above are set to expire two (2) years from the date City Council approved the project on November 3, 2020. After careful consideration of the circumstances surrounding this request, it has been determined that (1) the first Tentative Tract Map Extension of CT 16-07 and the first extension of the following related permits: PUD 16-09/PUD 2018-0007 /SOP 2018-0001/CDP 16-33/HDP 16-02/SUP 16-02-MARJA ACRES 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 16-07 and the first extension of the following related permits: PUD 16-09/PUD 2018-0007 /SOP 2018-0001/CDP 16-33/HDP 16-02/SUP 16-02-MARJA ACRES for two (2) years from November 3, 2022, to November 3, 2024, based on the following findings and conditions. Findings: 1. All the findings contained in City Council Resolution No. 2020-215 dated November 3, 2020, and Planning Commission Resolution No. 7382 dated September 16, 2020, are incorporated herein by reference and remain in effect. 2. That the first two-year extension (from November 3, 2022, to November 3, 2024} is appropriate because the owner/applicant is diligently pursuing the finalization of all necessary permits, the project is still consistent with the Carlsbad Municipal Code and the extension would allow the owner/applicant to preserve existing property entitlements while satisfying the conditions for a Community Development Department Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov CT 16-07 /PUD 16-09/PUD 2018-0007 /SOP 2018-0001/CDP 16-33/HDP 16-02/SUP 16-02 (DEV16038) - MARJA ACRES September 19, 2022 Pa e 2 mixed-use project consisting of 248 townhomes, 46 affordable senior apartments, and 10,000 square feet of commercial uses at 4901 El Camino Real. · 3. That the first Tentative Tract Map Extension of CT 16-07 and the extension of the following related permits: PUD 16-09/PUD 2018-0007 /SDP 2018-0001/CDP 16-33/HDP 16-02/SUP 16-02 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. 4. That circumstances have not substantially changed since CT 16-07 /PUD 16-09/PUD 2018-0007 /SDP 2018-0001/CDP 16-33/HDP 16-02/SUP 16-02 were originally approved. 5. The City Planner has determined that: a. The project is a subsequent activity of Marja Acres for which a project EIR (EIR 2017-0001, SCH No. 2018041022} was prepared. EIR 2017-0001 adequately describes the activity for the purposes of CEQA §15168(c)(2); b. The project is consistent with the Marja Acres project cited above; c. EIR 2017-0001 was certified in connection with the prior project or plan; d. The project has no new significant environmental effect not analyzed as significant in the prior EIR; and e. None of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist. Conditions: NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to final map approval or issuance of a grading 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 a~thority 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 16-07 and the first extension of the following related permits: PUD 16-09/PUD 2018-0007 /SDP 2018- 0001/CDP 16-33/HDP 16-02/SUP 16-02. 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 16-07 and the first extension of the following related permits: PUD 16-09/PUD 2018-0007 /SDP 2018-0001/CDP 16-33/HDP 16-02/SUP 16-02 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. CT 16-07/PUD 16-09/PUD 2018-0007/SDP 2018-0001/CDP 16-33/HDP 16-02/SUP 16-02 (DEV16038) - MARJA ACRES September 19, 2022 Pa e 3 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 Tentative Tract Map Extension of CT 16-07, and the first extension of the following related permits: PUD 16-09/PUD 2018-0007 /SDP 2018-0001/CDP 16-33/HDP 16-02/SUP 16-02 (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 16-07 and the first extension of the following related permits: PUD 16-09/PUD 2018-0007 /SOP 2018-0001/CDP 16-33/HDP 16-02/SUP 16-02 is granted for a period of two (2) years from November 3, 2022, to November 3, 2024. 7. All conditions contained in City Council Resolution No. 2020-215 dated November 3, 2020, and Planning Commission Resolution No. 7382 dated September 16, 2020, apply to this extension and are incorporated herein by reference and remain in effect, except that Condition No. 11 of Planning Commission Resolution No. 7382 is superseded by Condition No. 6 above. CITY OF CARLSBAD ~ cuf~s Principal Planner CJ:SH:JC c: Jesse Kleist, KB Home Coastal, 9915 Mira Mesa Blvd. Ste. 100, San Diego, CA 92131 Eric Lardy, City Planner Allison McLaughlin Project Engineer Data Entry/Laserfiche File Copy