HomeMy WebLinkAboutMS 12-03; CARLSBAD FLORAL TRADE CENTER - 2ND EXTENSION; Admin Decision Letter,,
October 27, 2017
Chris Calkins
Carltas Company LP.
Suite 204
7220 Avenida Encinas
Carlsbad,CA 92011
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SUBJECT: MS 12-03 (DEV12035} -CARLSBAD FLORAL TRADE CENTER -2nd EXTENSION
Dear Mr. Calkins,
The Planning Division has completed its review of your application for the second Minor Subdivision
Extension of MS 12-03 -CARLSBAD FLORAL TRADE CENTER, submitted on July 20, 2017. The Minor
Subdivision was originally approved by Planning Commission Resolution No. 7024 on December 4, 2013.
The Minor Subdivision was then approved for a first extension {2016-0001-MS) by the City Planner on
December 1, 2016, with an expiration date of December 4, 2017.
After careful consideration of the circumstances surrounding this request, it has been determined that 1)
the second 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 second Minor Subdivision Extension of MS 12-
03 -CARLSBAD FLORAL TRADE CENTER for a period of two (2) years from December 4, 2017, to
December 4, 2019, 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 Minor Subdivision Extension of 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
October 27, 2017
Pa e 2
5. That the 2-year extension (frorrfDe.cernber 4, 2017, to December 4, 2,019) is appropriate because
the ~wner/a~plicant ~(dili~~-~~~y-~uf'sti!;g fin_alizin~ all ~ecessary permits, the proj_e~t remains
consistent with the Mihor Subtl1v1s1on r~ulat1ons (1.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 previously adopted [15162]
(Planning Commission Resolution No. 7023);
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 requinng further environmental compliance under CEQA
Guidelines Sections 15162 or 15163 exist.
Conditions:
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to grading permit,
building permit or recordation of final map, whichever comes 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,
MS 12-03 (DEV12035) -CARLSBAD FLORAL TRADE CENTER
October 27, 2017
Pa e 3
this approval shall be suspended as provided in Govemment 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 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. The second Minor Subdivision Extension MS 12-03 -CARLSBAD FLORAL TRADE CENTER and
related permits are granted for a period of two (2) years from December 4, 2017, through
December 4, 2019.
7. All 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 No. 10 which is
revised as follows:
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
project second extension approval.
CITY OF CARLSBAD
TERI DELCAMP
Principal Planner
TD:GF:sc
Attachment: Planning Commission Resolution No. 7024
c: Don Neu, City Planner
David Rick, Project Engineer
HPRM/File Copy
Data Entry