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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 ~ ~!f ovt I q. FILE {"city of Carlsbad 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