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Home My WebLink AboutSDP 2018-0014; 635 PINE AVE CONDOS - 1ST EXTENSION; Admin Decision LetterMay 30, 2023 Anthony Cassolato 576 Camino El Dorado Encinitas, CA 92024 ~s/31/2.-~ ~ BFILE COPY {°Cityof Carlstiad SUBJECT: FIRST EXTENSION FOR SOP 2018-0014/MS 2018-0011 (DEV2018-0156} -635 PINE AVE CONDOS Dear Mr. Cassolato, The Planning Division has completed its review of your application for the first Site Development Plan Extension of SOP 2018-0014 and the first extension of related permit Tentative Parcel Map MS 2018- 0011-635 PINE AVE CONDOS, submitted on April 20, 2023. The project was originally approved by the · City Council pursuant to Resolution No. 2021-184 dated July 27, 2021. Pursuant to Condition No. 9 of Planning Commission Resolution No. 7413, SOP 2018-0014 and the related permit Tentative Parcel Map noted above are set to expire two (2) years from the date City Council approved the project on July 27, 2021. After careful consideration of the circumstances surrounding this request, it has been determined that (1) the first Site Development Plan Extension of SOP 2018-0014 and the first extension of related permit Tentative Parcel Map MS 2018-0011-635 PINE AVE CONDOS was submitted in a timely manner prior to the expiration date, (2) the project is still in compliance with Title 21 of the Carlsbad Municipal Code, (3) there has been no change of circumstances in relation to the Minor Subdivision regulations (i.e., Title 20 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 Site Development Plan Extension of SOP 2018-0014 and the first extension of related permit Tentative Parcel Map MS 2018-0011 -635 PINE AVE CONDOS for two (2) years from July 27, 2023, to July 27, 2025, based on the following findings and conditions. Findings: 1. All the findings contained in City Council Resolution No. 2021-184 dated July 27, 2021, and Planning Commission Resolution No. 7413 dated May 19, 2021, are incorporated herein by reference and remain in effect. 2. That the first Site Development Plan Extension of SOP 2018-0014 and the first extension of related permit Tentative Parcel Map MS 2018-0011 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 of their extension. 3. That circumstances have not substantially changed since SOP 2018-0014/MS 2018-0011 were originally approved. Community Development Department Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 j 442-339-2600 www.carlsbadca.gov SOP 2018-0014/MS 2018-0011 (DEV2018-0156) ·~ 635 PINE AVE CONDOS May 30, 2023 Pa e 2 4. The City Planner has determined the project is exempt from the California Environmental Quality Act (CEQA} pursuant to CEQA Guidelines section 15303(b}-New Construction or Conversion of Small Structures. The project is consistent with the General Plan and Zoning Ordinance, is located in an urbanized area and proposes no more than six (6) dwelling units. 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 interest by the City's approval of this first Site Development Plan Extension of SDP 2018- 0014 and the first extension of related permit Tentative Parcel Map MS 2018-0011. 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 2018-0014 and the first extension of related permit Tentative Parcel Map MS 2018-0011 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. 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 Site Development Plan Extension of SDP 2018-0014 and the first extension of related permit Tentative Parcel Map MS 2018-0011 (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 prdceedings have been concluded and continues even if the city's approval is not validated. SDP 2018-0014/MS 2018-0011 (DEV2018-0156) -635 PINE AVE CONDOS May 30, 2023 Pa e 3 6. The first Site Development Plan Extension of SDP 2018-0014 and the first extension of related permit Tentative Parcel Map MS 2018-0011 is granted for a period of two {2) years from July 27, 2023, to July 27, 2025. 7. All conditions contained in City Council Resolution No. 2021-184 dated July 27, 2021, and Planning Commission Resolution No. 7413 dated May 19, 2021, apply to this extension and are incorporated herein by reference and remain in effect, except that Condition No. 9 of Planning Commission Resolution No. 7413 is superseded by Condition No. 6 above. Sincerely, ~~-;~------4~ CLIFF JONES Principal Planner CJ:SH:mh c: Eric Lardy, City Planner Linda Ontiveros, Project Engineer Data Entry Laserfiche