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Home My WebLink AboutSDP 2018-0004; ROMERIA POINTE APARTMENTS - 1ST EXTENSION; Admin Decision LetterNovember 23, 2022 John Allen Stream line Development Group PO Box 99417 San Diego, CA 99417 E]FILE COPY C_cityof Car sba SUBJECT: FIRST EXTENSION FOR SOP 2018-0004 (DEV2017-0151) -ROMERIA POINTE APARTMENTS Dear Mr. Allen, The Planning Division has completed its review of your application for the first Site Development Plan Extension of SOP 2018-0004 -ROMERIA POINTE APARTMENTS submitted on September 14, 2022. SOP 2018-0004 was originally approved by the Planning Co mmission pursuant to Resolution No. 7377 on July 15, 2020, the decision was appealed by an appellant on July 27, 2020, and the decision to approve the project was upheld by the City Council on November 17, 2020. Condition No. 9 of Planning Commission Resolution No. 7377 required that the site development plan expire two (2) years from the date of final project approval, which was November 17, 2020. After careful consideration of the circumstances surrounding this request, it has been determined that (1) the first Site Development Plan Extension of SOP 2018-0004 -ROMERIA POINTE APARTMENTS 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 wjth Title 21, and (4) the findings required for granting a Site Development Plan Extension can be made. Therefore, the city planner APPROVES the first Site Development Plan Extension of SOP 2018-0004 -ROMERIA POINTE APARTMENTS for two (2) years from November 17, 2022, to November 17, 2024, based on the following findings and conditions. Findings: 1. All the findings contained in City Council Resolution No. 2020-223 dated November 17, 2020, and Planning Commission Resolution No. 7377 dated July 15, 2020, are incorporated herein by reference and remain in effect. 2. That the first two-year extension (from November 17, 2022, to November 17, 2024) is appropriate becau·se the owner/applicant is diligently pursuing finalizing all necessary permits, the project is still consistent with the Zoning Code regulations, and the extension would allow the owner/applicant to preserve existing property entitlements while satisfying the conditions for the construction of a four- story, 23-unit residential apartment project which includes three inclusionary housing units, on property generally located at the southwest corner of Romeria Street and Gibraltar Street. Community Development Department Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov SDP 2018-0004 (DEV2017-0151) -ROM ERIA PO INTE APARTM ENTS November 23 , 2022 Pa e 2 3. That t he first Site Development Plan Extension of SDP 2018-0004 remains consistent with the General Plan and 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 Site Development Plan SDP 2018-0004 was origina lly 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 categorica lly exempt from the requirement for the preparation of en vironmental documents pwrsuant 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 Gt.Jidelines do not app ly to t hi s project. Conditions: NOTE: Unless otherwise specified herein, all co nditions shall be satisfied prior to issuance of a grading permit or bu ilding 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 s1,.,1ch 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 this first Exte nsion of Site Development Plan SDP 2018- 0004. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the first Site Development Plan Extension of SDP 2018-0004 documents, as necessary to make them internally consistent and in c9nformity with the final a.ction 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 Cot,mcil 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 SOP 2018-0004 (DEV2017-0151) -ROMERIA POINTE APARTMENTS November 23, 2022 Pa e 3 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 Site Development Plan E><tension of SOP 2018-0004, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in con nection with the use contemplated herein, and (c) Developer/Operator's insta llation and operation of the faci lity permitted hereby, including without limitation, any and all liabilities arising from the em ission by the faci lity of electromagnetic fields or other energy waves or em issions. This obligation survives until all lega l proceedings have been concluded and continues even if the city's approval is not validated. 6. The first Site Development Plan Extension of SOP 2018-0004 is granted for a period of two (2) years from November 17, 2022, to November 17, 2024. 7. All conditions contained in City Council Resolution No. 2020-223 dated November 17, 2020, and Planning Commission Resolution No. 7377 dated July 15, 2020, apply to this extension and are incorporated here in by reference and remain in effect, except that Condition No. 9 of Planning Commission Resolution No. 7377 is superseded by Condition No. 6 above. CITY OF CARLSBAD CLIFF JONES Principal Planner CJ:JC c: Eric Lardy, City Planner Allison McLaughlin, Project Engineer Data Entry/Laserfishe File Copy