The URL can be used to link to this page

Home My WebLink AboutMS 09-04; DOS COLINAS; Admin Decision LetterMarch 25, 2020 Kurt Wickham WSL Dos Colinas R/E, LLC Suite 100 5800 Armada Drive Carlsbad, CA 92008-4694 FILE SUBJECT: MS 09-04 (DEV09005)-DOS COLINAS-3RD EXTENSION Dear Mr. Wickham, ( City of Carlsbad The Planning Division has completed its review of your application for the third extension of Minor Subdivision MS 09-04-DOS COLINAS submitted on February 24, 2020. Minor Subdivision MS 09-04 was originally approved by the City Engineer on March 27, 2012, and was due to expire on March 26, 2016. On February 29, 2016, the City Planner granted the first two-year extension of Minor Subdivision MS 09-04 from March 26, 2016, to March 25, 2018; and on March 18, 2018, the City Planner granted the second two-year extension from March 25, 2018, to March 25, 2020. After careful consideration of the circumstances surrounding this request, it has been determined that (1) the third extension of Minor Subdivision Extension MS 09-04-DOS COLINAS was submitted in a timely manner prior to the expiration date, (2) there has been no change of circumstances in relation to the Minor Subdivision regulations (i.e., Title 20 of the Carlsbad Municipal Code), (3) the project is st ill in compliance with the Minor Subdivision regulations, and (4) the findings required for granting a Minor Subdivision Extension can be made; therefore, the City Planner APPROVES the third extension of Minor Subdivision MS 09-04 for a period of two (2) years from March 25, 2020, to March 25, 2022, based on the following findings and conditions. Findings: 1. That all of the findings contained in the Preliminary Decision Letter of Minor Subdivision MS 09-04, dated March 27, 2012, apply to this extension and are incorporated herein by reference and remain in effect. 2. That the third two-year extension of Minor Subdivision MS 09-04 (from March 25, 2020 to March 25, 2022) 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. 3. That circumstances have not substantially changed since Minor Subdivision MS 09-04 was originally approved. Community Development Department Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560f I www.carlsbadca.gov MS 09-04 (DEV09005)-DOS COLINAS March 25, 2020 Page 2 4. That all related permits or approvals issued pursuant to Title 21 have been extended to expire concurrently with Minor Subdivision MS 09-04. 5. That the City Planner has determined that: a. The project, third two-year extension of Minor Subdivision MS 09-04, is a subsequent activity of Dos Colinas for which a project EIR (EIR 09-01} was prepared. EIR 09-01 adequately describes the activity for the purposes of_ CEQA §15168(c)(2); · b. The project is consistent with the Dos Colinas project cited above; c. EIR 09-01 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 of issuance of a grading permit, whichever occurs first. 1. All of the conditions contained in Preliminary Decision Letter of Minor Subdivision MS 09-04, dated March 27, 2012, and the first and second extensions of Minor Subdivision MS 09-04 dated February 29, 2016 and March 13, 2018, apply to this third extension and are-incorporated herein. by reference and remain in effect except for Condition No. 8 of the second extension of MS 09-04 which is hereby superseded by Condition No. 7 of this approval letter. 2. 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 cornpel 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 Minor Subdivision Extension. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor Subdivision Extension 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. 4. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. MS 09-04 (DEV09005) -DOS COLINAS March 25, 2020 Page 3 5. 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. 6. 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 Minor Subdivision Extension, (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. 7. The third extension of Minor Subdivision MS 09-04 and related permits are granted for a period of two (2) years from March 25, 2020, to March 25, 2022. CITY OF CARLSBAD __:..,,,..---·, le---.· .. u---····•e_ __ 1 .1 . TERI DELCAMP Principal Planner TD:JG:mf c: Kyrenne Chua, Project Engineer Data Entry File Copy/HPRM