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HomeMy WebLinkAboutMS 12-03; CARLSBAD FLORAL TRADE CENTER - 3RD EXTENSION; Admin Decision LetterNovember 18, 2019 Christopher Calkins 7220 Avenida Encinas, Suite 204 Carlsbad, CA 92011 FILE ~q_ l ~ O<--c;A.. ',(?\(I "\ {'cityof Carlsbad SUBJECT: MS 12-03 (DEV12035) -CARLSBAD FLORAL TRADE CENTER -3Ro EXTENSION Dear Mr. Calkins, The Planning Division has completed its review of your application for the third extension of MS 12-03 - CARLSBAD FLORAL TRADE CENTER, submitted on July 29, 2019. The Minor Subdivision was originally approved by Planning Commission Resolution No. 7024 on December 4, 2013. The Minor Subdivision was subsequently approved for two extensions by the City Planner. Due to a staff error in the application of California Assembly Bill AB1303, the City retroactively approved the first extension on December 1, 2016, with an expiration date of December 4, 2017. The second extension was approved on October 27, 2017, with an expiration date of December 4, 2019. After careful consideration of the circumstances surrounding this request, it has been determined that 1) the third Minor Subdivision extension of MS 12-03 -CARLSBAD FLORAL TRADE CENTER 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 an extension can be made; therefore, the City Planner APPROVES the third Minor Subdivision Extension of MS 12-03 -CARLSBAD FLORAL TRADE CENTER for a period of two (2) years from December 4, 2019, to December 4, 2021, based on the following findings and conditions. Findings: 1. That all of the findings contained in Planning Commission Resolution No. 7024 dated December 4, 2013, are incorporated herein by reference and remain in effect. 2. That the third extension of Minor Subdivision MS 12-03 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 12-03 was originally approved. 4. That all related permits or approvals issued pursuant to Title 21 are extended to expire concurrently with the tentative tract map. 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 12-03 (DEV12035} -CARLSBAD FLORAL TRADE CENTER November 18, 2019 Page 2 5. That the two-year extension (from December 4, 2019,· to December 4, 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 four-lot subdivision. 6. The City Planner has determined that: a. The project is a project for which a Negative Declaration was prev·iously adopted [15162] (Planning Commission Resolution No. 7023, dated December 4, 2013); b. This project is consistent with the project cited above; c. The Negative Declaration was adopted in connection with the prior project; d. The project has no new significant environmental effect not analyzed as significant in the prior Negative Declaration; and, e. None of the circumstances requiring further environmental compliance under CEQA Guidelines Sections 15162 or 15163 exist. Conditions: NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a grading or building permit, or approval of the Final Parcel Map, 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 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 MS 12-03 (DEV12035) -CARLSBAD FLORAL TRADE CENTER November 18, 2019 Page 3 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 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. 6. Developer shall obtain a right-of-way permit for the approved traffic control plan per CD2019- 0011, Phase 1 seasonal parking for each Flower Field season. Developer shall pay all applicable permit fees per the city's latest fee schedule. 7. The third Minor Subdivision extension MS 12-03 and related permits are granted for a period of two (2) years from December 4, 2019, through December 4, 2021. 8. All other conditions contained in Planning Commission Resolution No. 7024 apply to this extension and are incorporated herein by reference and remain in effect except for Condition Nos. 10, 35, 39, 41, 42, and 46, which are replaced by Condition Nos. 9-14 of this approval letter. In addition, Condition No. 6 above is imposed as a new condition. 9. This approval shall become null and void if building permits are not issued for the Floral Trade Center and Marketplace building within 24 months from the date of the project's third extension approval. 10. This project is subject to 'Priority Development Project' requirements. Developer shall prepare and process a Storm Water Quality Management Plan (SWQMP), subject to city engineer approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP required by this condition shall be reviewed and approved by the city engineer with final grading plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's latest fee schedule. 11. Developer shall cause owner to dedicate to the city and/or other appropriate entities an easement for a general utility and access easement for sewer facilities, a public street & public utility easement or a proposed deceleration lane on Cannon Road, and public trails. The offer shall be made by a certificate on the final map or separate recorded document. All land so offered shall be free and clear of all liens and encumbrances and without cost to the city. Streets that are already public are not required to be rededicated. Additional easements may be required at final design to the satisfaction of the city engineer. 12. Developer shall prepare and process public improvement plans and, prior to city engineer approval of said plans, shall execute a city standard Subdivision Improvement Agreement to install MS 12-03 (DEV12035) -CARLSBAD FLORAL TRADE CENTER November 18, 2019 Page 4 and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements shown on the Tentative Map. Said improvements shall be installed to city standards to the satisfaction of the city engineer. These improvements include, but are not limited to: 1. A deceleration lane on Cannon Road with new pavement, striping, curb, gutter, sidewalk and pedestrian ramps. 2; Onsite public sewer facilities 3. Modifying the traffic signal at the intersection of cannon Road and Legoland Drive and installing a left turn lane on eastbound Cannon Road to accommodate u-turns at said intersection OR constr~cting paved access to Car Country Drive with development of Phase 2. 4. Public trails. 13. Developer shall pay the standard improvement plan check and inspection fees in accordance with the fee schedule. Improvements listed above shall be constructed within 36 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 14. Add the following notes to the final map as non-mapping data: A. Developer has executed a city standard Subdivision Improvement Agreement and has posted security in accordance with C.M.C. Section 20.16.070 to install public improvements shown on the Tentative Map. These improvements include, but are not limited to: 1. A deceleration lane on Cannon Road with new pavement, striping, curb, gutter, sidewalk and pedestrian ramps. 2. Onsite public sewer facilities 3. Modifying the traffic signal at the intersection of Cannon Road and Legoland Drive and installing a left turn lane on eastbound Cannon Road to accommodate u-turns at said intersection OR constructing paved access to Car Country Drive with development of Phase 2. 4. Public trails. B. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. C. Geotechnical Caution: 1. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. MS 12-03 (DEV12035) -CARLSBAD FLORAL TRADE CENTER November 18, 2019 Page 5 D. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to encroach within the area identified as a sight distance corridor as defined by City of Carlsbad Engineering Standards or line-of-sight per Caltrans standards. E. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the drainage system or other improvements identified in the city approved development plans; or by the design, construction or maintenance of the drainage system or other improvements identified in the city approved development plans. This decision may be appealed by you or any other member of the public to the Planning Commission within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division at 1635 Faraday Avenue in Carlsbad, along with a payment of $876.00. The filing of such appeal within such time limit shall stay the effective date of the order of the City Planner until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Esteban Danna at (760) 602-4629. City of Carlsbad TERI DELCAMP Principal Planner TD:ED:mf c: CB Ranch Enterprises, 7220 Avenida Encinas, Suite 204, Carlsbad, CA 92011 Kyrenne Chua, Project Engineer File Copy/HPRM