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HomeMy WebLinkAboutCDP 00-52; Flower Fields Restroom; Coastal Development Permit (CDP) (3)February 6, 2001 To: Bobbie Hoder From: Paul Godwin Re: CDP 00-52 - Flower Fields Restroom - Request for EIA Fee Refund Hello Bobbie, Please find attached a signed request for refund for the above referenced project. The applicant is requesting a full refund of their EIA fee payment, which was $1,030. The project was found to be exempt from further environmental review, thus the refund is acceptable to me. Please let me know if you have any questions. Paul (ext. 4625) Facts Supporting Request: CITY OF CARLSBAD REQUEST FOR REFUND Account No. "^-l Amount of Refund 0 In030„S3 Fee Paid For: Date Fee Paid: _ S/2J/CS pee pa\^ By: Vendor No. "I?. COR Name of Applicant: Address: -^-^ i. €3 llr.nela Street Signature of Applicant: City State ^js x \ . v " Zip Telephone j Date j I y J f Dept. Justification: Rec1 B Approve Finance Investigation: Rec: D Approve City Manager's Action: Q Approve D D D \) Disapprove Disapprove Disapprove *./•/• /j,/- -/,,/, Date Dept. Head Signature Date /"A:""' City Manager Signature Date rsi*-'£ ^•^ "• City of Carlsbad Planning Department MINOR COASTAL DEVELOPMENT PERMIT NOTICE OF DECISION January 11, 2001 Michael Cardoza CB Ranch Enterprises 5600 Avenida Encinas, Suite 106 Carlsbad, CA 92008 SUBJECT: CDP 00-52 - FLOWER FIELDS RESTROOM The City has completed a review of the application for a Minor Coastal Development Permit for development located at 5702 Paseo Del Norte, APN 211-022-21-00. It is the Planning Director's determination that the project, CDP 00-52 - Flower Fields Restroom, is consistent with the applicable City's Coastal Development Regulations (Chapters 21.201 - 21.205) and all other applicable City Ordinances and policies. The Planning Director, therefore, APPROVES this request based upon the following: Findings: 1. That the total cost of the proposed development is less than $60,000. 2. That the proposed development requires no other discretionary approvals other than a Minor Coastal Development Permit. 3. That the development has no adverse effect individually or cumulatively on coastal resources or public access to the shoreline or coast, in that no coastal resources or opportunities for coastal access are available from the subject site. 4. That the proposed development is in conformance with the Mello II Certified Local Coastal Program and all applicable policies, in that the site is designated for industrial uses. 5. That the proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that no opportunities for coastal access are available from the subject site. 6. That this request for a minor coastal development permit was adequately noticed at least fifteen (15) working days before the date of this decision pursuant to 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us CDP 00-52 - FLOWEEMELDS RESTROOM JANUARY 11, 2001 PAGE 2 Section 21.201.080(8) and (C) of the Carlsbad Coastal Development Regulations. 7. The subject site is located in the Coastal Resources Protection Overlay Zone, however, due to the absence of slopes steeper than 25% inclination and/or native vegetation, additional submittals, standards or requirements do not apply. The project does not require a grading permit. 8. That the Planning Director 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 the preparation of environmental documents pursuant to Section 15301 (a), minor alterations to existing facilities, of the state CEQA Guidelines. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. Conditions: 1. Approval is granted for CDP 00-52 - Flower Fields Restroom as shown on Exhibits "A" - "B", dated January 11, 2001, on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 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; 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 Coastal Development Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit 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. The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. CDP 00-52 - FLOWER «J)S RESTROOM JANUARY 11, 2001 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. The 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 Coastal Development Permit, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, 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. This project shall comply with all conditions and mitigation measures, which are required as part of the Zone 13 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 8. This approval shall become null and void if building permits are not issued for this project within 18 months from the date of project approval. 9. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 13, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 10. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. iHWCDP 00-52 - FLOWERWELDS RESTROOM JANUARY 11, 2001 PAGE 4 11. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. CITY OF CARLSBAD MICHAEL J. HOLZMILLER Planning Director MJH:PG:mh c: Gary Wayne Chris DeCerbo Paul Godwin Bobbie Hoder David Rick File Copy Data Entry Planning Aide Coastal Commission CITY OF CARLSBAD ENGINEERING DEPARTMENT LAND USE REVIEW December 11,2000 TO: Assistant Planner - Paul Godwin FROM: Associate Engineer - Land Development Sectio VIA: Senior Civil Engineer - Land Development Section *9UP"00 - (J i". nMULCT h'tvjfct^i V £j\/& /^O"' P>7_»~ PROJECT APPROVAL VT V^ X Engineering Department staff has completed the review of the above-referenced project and has no comments or conditions to add at this time. ^ V November 8, 2000 City of Carlsbad Planning Dept. 1635 Faraday Avenue Carlsbad, CA. 92008-7314 Attention: Paul Godwin Attachments: The Flower Fields letter of response, dated November 2, 2000 Site plan showing existing structures and desiltation basin, (pg1) Reclaimed Water System at The Flower Fields, (pg2 - pg4) Flower Fields/Armstrong Garden Site Development, (pg5 - pg11) RE: CDP 00-52 - FLOWER FIELDS RESTROOM Please find three copies of the attachments listed above with regard to issues of concern noted on your letter of October 25, 2000. Additionally please route copies to the appropriate departments. Best Regards, Michael J. Cardosa General Manager CB Ranch Enterprises S:\MIKBCDP 00-52 fc$&l&mmfa®8$S&AS SUITE 106 CARLSBAD, CA 92008 TELEPHONE 760 930-9123 FAX 760 431-9020 www.theflowerfields.com November 2, 2000 City of Carlsbad Planning Dept. 1635 Faraday Avenue Carlsbad, CA. 92008-7314 Attention: Paul Godwin RE: CDP 00-52 - FLOWER FIELDS RESTROOM We have received your comments of October 25, 2000. response to issues of concern set forth therein. Planning: The following is in 1. We will submit a site plan with the Armstrong facility and associated displays areas and show all existing structures. 2. This restroom structure will be in an area that is being used for farm roads and buffer area to the parking lot. No area previously used in production is being affected. The facility is permitted in the open space area pursuant to the Carlsbad Ranch Specific Plan (attached). The location is operationally appropriate because it provides access both for workers in the field and those people visiting the fields in an area close but not interfering with access to the fields. The proposed restroom facility substitutes for portable restrooms, which are placed at different points throughout the fields and take up significantly more area than the proposed restroom. Trying to locate in another area will not serve either the existing operations or permit the continued access and visibility to the fields now provided with the entrance and the drainage system in place. With respect to visually screening, the structure is low and will be screened both by the existing berm planting and existing planting on the fence line adjacent to the proposed restroom structure. Additionally it is significantly far away from Palomar Airport Road. SulTE 106 CARLSBAD, CA 92008 TELEPHONE 760 930-9123 FAX 760 431-9020 www.theflowerfields.com CDP 00-52 FF RestroorrT 11/3/00 Engineering: Page 2 of 2 3. A revised site plan with the Armstrong approved development will be submitted. Walkways within the Flower Fields are not a part of either the site plan nor are there any permanent installations. The detention basins are part of the Flower Field grading shown on the overall site plan and are not affected by the proposed structure. Please see the note above with respect to the area with which the restrooms are being located. The restrooms are accessory to the operation of the Flower Fields and the visitor serving function that they carry out as specifically provided in Section III.H.I.a.iii, of the Carlsbad Ranch Specific Plan (copy attached). No portion of landscaping, fencing or grading for the restroom proposed is within the public right-of-way. 4. Will be submitted. 5. As noted above the facility is not proposed on any desiltation of NPDES basin. The location is functionally important for operations of the Flower Fields and consistent with the Carlsbad Ranch specific plan for uses within the open space area. After you receive the foregoing we would appreciate meeting to resolve any remaining issues so that the matter may proceed as early as possible. Enterprises Attn: Paul Godwin cc: Chris DeCerbo Clyde Wickham Michael Holzmiller Michael Cardosa S:\CCC\LETTERS\CDP 00-52 FF Restroom.doc Carlsba October 25, 2000 CB Ranch Enterprises Suite 100 5600 Avenida Encinas Carlsbad, CA 92008 SUBJECT: GDP 00-52 - FLOWER FIELDS RESTROOM Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your Minor Coastal Development Permit, application no. CDP 00- 52, as to its completeness for processing. The application is complete, as submitted. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. The City may, in the course of processing the application, request that you clarify, amplify, correct, or otherwise, supplement the basic information required for the application. In addition, you should also be aware that various design issues may exist. These issues must be addressed before this application can be scheduled for a hearing. The Planning Department will begin processing your application as of the date of this communication. Please contact your staff planner, Paul Godwin, at (760) 602-4625, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, MICHAEL J. HOLZM1LLER Planning Director MJH:PG:cs Chris DeCerbo Clyde Wickham File Copy Data Entry Planning Aide 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION No. CDP 00-52, FLOWER FIELDS RESTROOM Planning: None. Engineering: None. ISSUES OF CONCERN Planning: 1. Please show all existing structures on your site plan, to include the windmill, Armstrong Nursery Center, walk ways and display areas. 2. Planning Department staff, does not support the removal of any portion of the flower fields for the restroom facility. Please consider locating the restroom facility outside the Flower Fields open space, closer to the approved Nursery Center and parking lot. This will also help to visually screen the structure from Palomar Airport Road. Engineering: 1. The site plan-should show all approved development on the Flower Field Site. The approved "Armstrong Nursery Center", Windmill, Coffee Stand, and the Detention Basins installed as a part of the Flower Field Grading as well as walk ways and the Flower Field trail system. 2. The sewer system has an existing service and cleanout that serves the Nursery. Show point of connection (at cleanout) and size of the line. Please submit the applicable section of the Carlsbad Ranch Specific Plan that allows for a restroom in the flower field easement as proposed. 3. Please indicate on the site plan, the document or encroachment agreement that permits landscaping, fencing and grading within the public right of way (Palomar Airport Road). The existing open space documents should be provided to demonstrate the ability to encroach into this area. 4. Please show the complete water system including Offsite looped or connecting systems. 5. The proposed restroom appears to be located on top of an important desiltation or NPDES Basin. The general location of the restroom is not supported from an Engineering point of view. We recommend relocating the structure outside of the Flower Field Open Space, closer to the approved Nursery facility and parking lot. Memorandum TO: Principal Planner, Paul Godwin FROM: Associate Engineer, Clyde Wickham DATE: October 23, 2000 CDP 00 - 52: FLOWER FIELD RESTROOM FACILITY COMPLETENESS & ISSUES REVIEW Engineering Department staff has completed a review of the above-referenced project for application completeness. The application and plans submitted for this proposed project are from an engineering standpoint considered complete with issues to be resolved prior to staff approval or support. The issues are: 1. The site plan should show all approved development on the Flower Field Site. The approved "Armstrong Nursery Center", The Windmill?, The Coffee Stand, and the Detention Basins installed as part of the Flower Field Grading as well as walk ways and the Flower Field trail system. 2. The sewer system has an existing service and cleanout that serves the Nursery. Show point of connection (at cleanout) and size of line. Please submit the applicable section of the Carlsbad Ranch Specific Plan that allows for a restroom facility into the flower field easement as proposed. 3. Please indicate on the site plan, the document or encroachment agreement that permits landscaping fencing and grading within the public right of way (Palomar Airport Road). The existing open space documents should be provided to demonstrate the ability to encroach into this area. 4. Please show the complete water system including Offsite looped or connecting systems. 5. The proposed restroom appears to be located on top of an important desiltation or NPDES Basin. The general location of the restroom is not supported from an Engineering point of view. We recommend relocating the structure outside of the Flower Field Open Space, closer to the approved Nursery facility and parking lot. If you or the applicant have any questions, please contact me at extension 602-2742. CLYDE WICKHAM Associate Engineer Land Development Division c: Skip Hammann Senior Civil Engineer, Land Development Division