HomeMy WebLinkAboutRP 16-05; CARLSBAD VILLAGE LOFTS; Admin Decision Letter.,
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July 3, 2018
Evan Gerber
AGC Development
703 16th Street, Ste. 200
San Diego, CA 92101
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Carlsbad
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CITY OF CARLSBAD
SUBJECT: First Extension for MS 16-06 (DEV16014) -CARLSBAD VILLAGE LOFTS
Dear Mr. Gerber,
The Planning Division has completed its review of your application for the first Minor Subdivision
Extension of MS 16-06 -CARLSBAD VILLAGE LOFTS, submitted on May 22, 2018. The Minor Subdivision
application associated with the Carlsbad Village Lofts project, MS 16-06, was originally approved by the
City Council on February 28, 2017, with an expiration date of February 28, 2019.
After careful consideration of the circumstances surrounding this request, it has been determined that (1)
the first Minor Subdivision Extension of MS 16-06-CARLSBAD VILLAGE LOFTS 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 still 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 first Minor Subdivision
Extension of MS 16-06-CARLSBAD VILLAGE LOFTS for two (2) years from February 28, 2019, to February
28, 2021, based on the following findings and conditions.
Findings:
1. That the findings contained in Planning Commission Resolution No. 7220 for Minor Subdivision
MS 16-06 and related permit Major Review Permit RP 16-05, approved on February 28, 2017,
are incorporated herein by reference and remain in effect.
2. That the first Minor Subdivision Extension of MS 16-06 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 16-06 was
originally approved.
Community & Economic Development
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov
MS 16-06 (DEV16014) -CARLS,, .J VILLAGl; LO~S
July 3, 2018
Pa e 2
4. That the 2-year extension (from February 28, 2019, to February 28, 2021) is appropriate because
the owner/applicant is diligently pursuing finalizing all necessary permits, the project remains
consistent with the Minor Subdivision regulations (i.e., Title 20 of the Carlsbad Municipal Code),
and the extension would allow the owner/applicant to preserve existing property entitlements
while satisfying the conditions for the Minor Subdivision.
5. 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 preparation of environmental
documents pursuant to Section 15332 of the State CEQA Guidelines as an infill development
project. In making this determination, the City Planner has found that the exceptions listed in
Section 15300.2 of the State CEQA Guidelines do not apply to this project.
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. 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 s.o 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 Minor Subdivision Extension.
2. 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.
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,
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·: · • MS 16-06 (DEV16014) -CARLSB,._., VILLAGE LOFTS
July 3, 2018
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from (a) City's approval and issuance of this Minor Subdivision Extension, (bl 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 Minor Subdivision Extension of MS 16-06 and related permit Major Review Permit RP
16-05 are granted for a period of two (2) years from February 28, 2019, through February 28,
2021.
7. This approval is subject to all conditions contained in Planning Commission Resolution No. 7220
(RP 16-05/MS 16-06) except for Condition Nos. 9 and 67, which are superseded by Condition No.
6 above.
CITY OF CARLSBAD
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TERI DELCAMP
Principal Planner
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c: David Rick, Project Engineer
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