HomeMy WebLinkAboutMS 2018-0002; OAK AVENUE PARCEL MAP; Admin Decision Letter;.. .
August 5, 2019
Ccityof
Carlstiad
John Strohminger
Pacific Overland
635 Via Columbia
Vista CA 92081-6338
SUBJECT: MS 2018-0002 (DEV2018-0048) -OAK AVENUE PARCEL MAP -Request for approval of
Tentative Parcel Map MS 2018-0002 to subdivide an existing 0.50-acre parcel into two
parcels with areas of 7,502 square feet and 14,580 square feet at 1391 Oak Avenue (APN
205-020-18-00) in the R-1 (One-Family Residential) zone and in Local Facilities
Management Zone 1. The City Planner has determined that this project is exempt from
the requirements of the California Environmental Quality Act (CEQA) pursuant to Section
15315 "Minor Land Divisions" of the State CEQA Guidelines and will not have any adverse
significant impact on the environment.
Dear Mr. Strohminger,
The City Planner has completed a review of the application for a Tentative Parcel Map located at 1391
Oak Avenue. The existing parcel contains one single-family home. The subdivision will create two
residentially-zoned parcels with the existing single-family home to remain on-site. A single-family home
will be constructed on the remaining parcel under the current R-1 zoning designation.
The City Planner has made a decision pursuant to Section 20.24.120 of the City of Carlsbad Municipal Code
to APPROVE this tentative parcel map based on the findings and subject to the conditions listed below.
Findings:
1. That the proposed map and the proposed design and improvement of the subdivision as conditioned,
is consistent with and satisfies all requirements of the General Plan, any applicable specific plans,
Titles 20 and 21 of the Carlsbad Municipal Code and the State Subdivision Map Act, and will not cause
serious public health problems, in that the R-4, Residential 0-4 dwelling units per acre, General Plan
Land Use designation allows for single-family homes on individual lots. The parcels being created
satisfy all minimum requirements of Carlsbad Municipal Code Titles 20 and 21 regarding lot sizes
and configuration and have been designed to comply with all applicable city regulations.
2. That the proposed project is compatible with the surrounding future land uses since the adjacent
properties to the north, east, south and west are also designated for Residential at 0-4 dwelling
units per acre in the General Plan, and the subject property is bordered by existing single-family
homes to the north, east, south and west. The two-lot subdivision will provide for one single-family
home per lot consistent with the R-1 zone.
Community & Economic Development
Planning Division J 1635 Faraday Avenue Carlsbad, CA 92008-7314 J 760-602-4600 J 760-602-8560 f J www.carlsbadca.gov
MS 2018-0002 (DEV2018-0048)-OAK AVENUE PARCEL MAP
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3. That the site is physically suitable for the type and density of the development since the site is
adequate in size and shape to accommodate residential development at the density proposed, in that
the proposed subdivision meets all development standards and design criteria required by the R-1
zone for the creation of one standard lot and one panhandle lot, including but not limited to
requirement for access, minimum lot size, lot width, lot coverage and setbacks.
4. That the design of the subdivision or the type of improvements will not conflict with easements of
record or easements established by court judgment, or acquired by the public at large, for access
through or use of property within the proposed subdivision, in that the developer will delineate and
preserve on the tentative parcel map all existing easements of record.
5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of
1965 {Williamson Act).
6. That the design of the subdivision provides, to the extent feasible, for future passive or natural heating
or cooling opportunities in the subdivision, in that the lots provide ample area to take advantage of
prevailing breezes and allow for passive or natural solar heating and cooling opportunities for the
future dwelling unit.
7. That the City Planner has considered, in connection with the housing proposed by this subdivision,
the housing needs of the region, and balanced those housing needs against the public service needs
of the City and available fiscal and environmental resources in that the lots can be adequately served
by existing public services and the project has been conditioned to pay inclusionary housing in-lieu
fees for one unit.
8. That the design of the subdivision and improvements are not likely to cause substantial environmental
damage nor substantially and avoidably injure fish and wildlife or their habitat, in that the proposed
development site does not contain any significant habitat and no significant wildlife or habitat will
be impacted by the project.
9. That the discharge of waste from the subdivision will not result in violation of existing California
Regional Water Quality Control Board requirements, in. that the project has been designed in
accordance with Best Management Practices for water quality protection in accordance with the
city's sewer and drainage standards and the project is conditioned to comply with the National
Pollutant Discharge Elimination System (NPDES) requirements.
10. That the City Planner finds that the project, as conditioned herein, is in conformance with the City's
General Plan in that the subject property is designated R-4 (0-4 dwelling units per acre) with a 3.2
du/ac Growth Management Control Point (GMCP). The property has a lot area of 0.50 acres and at
the R-4 GMCP 1.6 dwelling units are allowed (1.6 dwelling units rounded up to 2 dwelling units).
Therefore, the project's proposed two lots allowing one dwelling unit each are consistent with the
R-4 Residential General Plan Land Use designation. No units will need to be withdrawn from the
city's "Excess Dwelling Unit Bank".
11. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 1 and all City public facility policies and ordinances. The project includes
elements·or has been conditioned to construct or provide funding to ensure that all facilities and
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improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools;
parks and other recreational facilities; libraries; government administrative facilities; and open space,
related to the project will be installed to serve new development prior to or concurrent with need.
Specifically,
a. The project has been conditioned to provide proof from the Carlsbad Unified School District
that the project has satisfied its obligation for school facilities.
b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected
prior to issuance of building permit.
c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior
to the issuance of building permit.
12. That the property cannot be served adequately with a public street without panhandle lots due to
unfavorable conditions resulting from unusual topography, surrounding land development, or lot
configuration, in that due to the narrow configuration (100 feet wide) and considerable depth (221
feet deep) of the existing lot and the fact that it is surrounded by existing subdivided and developed
properties, the subdivision of the property into two lots, as the General Plan allows, is feasible only
if a panhandle lot is proposed.
13. That the project's panhandle lot will not preclude or adversely affect the ability to provide full public
street access to other properties within the same block of the subject property, in that the "handle"
(i.e. 20-foot-wide panhandle) with a 12-foot-wide driveway is within the boundaries of the subject
property and extends to Oak Avenue as required by Section 21.10.100 of the Carlsbad Municipal
Code. In addition, the proposed panhandle lot does not include access easements that are located
on adjacent properties and all adjacent properties currently have direct access to a public street.
14. That the buildable portion of the lot consists of a minimum of 8,000 square feet, which meets the
requirements of Section 21.10.lOO(C) of the Carlsbad Municipal Code;
15. That the front, side, and rear property lines of the buildable lot, for purposes of determining required
yards, are as shown on Exhibit "A."
16. That any panhandle lot hereby approved satisfies all the requirements of Section 21.10.100(0) of the
Carlsbad Municipal Code in that the lot, as demonstrated on the project exhibits, meets all
development, dimensional, and area standards, and has sufficient area to meet all requirements
regarding adequate parking and vehicle maneuvering, drainage, driveway width, and lot frontage.
17. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
18. That the City Planner has determined that the project is exempt from the requirements of the
California Environmental Quality Act (CEQA) per Section 15315 (Minor Land Division) of the State
CEQA Guidelines and will not have any adverse significant impact on the environment in that the
property is in an urbanized area, zoned for residential; is being subdivided into four or fewer parcels,
no variances are needed for the subdivision; all services for the parcels are available; the parcel was
not part of a larger subdivision within the last two years; and the parcel does not have an average
slope greater than 20 percent.
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19. The City Planner has reviewed each of the exactions imposed on the Developer contained in this
resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused
by or reasonably related to the project, and the extent and the degree of the exaction is in rough
proportionality to the impact caused by the project.
Conditions:
Note: Unless specifically stated in the condition, all of the following conditions, upon the approval of this
tentative parcel map, must be met prior to approval of a final parcel map, building permit, or grading
permit, whichever is first.
Planning
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 Tentative Parcel Map.
2. Approval is granted for MS 2018-0002 as shown on Exhibit "A", dated July 25, 2019, on file in the
Planning Division and incorporated herein by reference. Development shall occur substantially as
shown unless otherwise noted in these conditions.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Tentative Parcel Map 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. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations
in effect at the time of building permit issuance.
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. 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 C_ity arising, directly or indirectly, from (a) City's approval and issuance
of this Tentative Parcel Map, (b) City's approval or issuance of any permit or action, whether
MS 2018-0002 (DEV2018-0048)-OAK AVENUE PARCEL MAP
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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.
7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division
from the Carlsbad Unified School District that this project has satisfied its obligation to provide school
facilities.
8. This project shall comply with all conditions and mitigation measures which are required as part of
the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the
issuance of building permits.
9. This approval shall become null and void if building permits are not issued for this project within 24
months from the date of project approval.
10. Building permits will not be issued for this project unless the local agency providing water and sewer
services to the project provides written certification to the City that adequate water service and sewer
facilities, respectively, are available to the project at the time of the application for the building
permit, and that water and sewer capacity and facilities will continue to be available until the time of
occupancy. A note to this effect shall be placed on the Final Map
11. At issuance of building permits, or prior to the approval of a final map and/or issuance of certificate
of compliance for the conversion of existing apartments to air-space condominiums, the Developer
shall pay to the City an inclusionary housing in-lieu fee for one (1) unit as an individual fee on a per
market rate dwelling unit basis in the amount in effect at the time, as established by City Council
Resolution from time to time.
12. 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 CFO #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 1, 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.
13. Developer shall report, in writing, to the City Planner within 30 days, any address change from that
which is shown on the permit application, any change in the telecommunications provider, or any
transfer in ownership of the site.
14. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan
showing conformance with the approved Preliminary Landscape Plan and the city's Landscape
Manual. Developer shall construct and install all landscaping and irrigation as shown on the approved
Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free from weeds,
trash, and debris. All irrigation systems shall be maintained to provide the optimum amoun~ of water
to the landscape for plant growth without causing soil erosion and runoff.
------------------.. -----·--·----· ----
MS 2018-0002 (DEV2018-0048)-OAK AVENUE PARCEL MAP
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15. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck
process on file in the Planning Division and accompanied by the project's building, improvement, and
grading plans.
16. Prior to the issuance of the final map, Developer shall submit to the City a Notice of Restriction
executed by the owner of the real property to be developed. Said notice is to be filed in the office of
the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties
and successors in interest that the City of Carlsbad has issued a(n) Tentative Parcel Map on the real
property owned by owner/applicant. Said Notice of Restriction shall note the property description,
location of the file containing complete project details and all conditions of approval as well as any
conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the
authority to execute and record an amendment to the notice which modifies or terminates said notice
upon a showing of good cause by the Developer or successor in interest.
17. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities District or
other financing mechanism which is inconsistent with City Council Policy No. 38, by allowing a pass-
through of the taxes or fees to individual home buyers, then in addition to any other disclosure
required by law or Council policy, the Developer shall disclose to future owners in the project, to the
maximum extent possible, the existence of the tax or fee, and that the school district is the taxing
agency responsible for the financing mechanism. The form of notice is subject to the approval of the
City Planner and shall at least include a handout and a sign inside the sales facility stating the fact of
a potential pass-through of fees or taxes exists and where complete information regarding those fees
or taxes can be obtained.
Engineering
18. Prior to hauling dirt or construction materials to or from any proposed construction site within this
project, developer shall apply for and obtain approval from, the city engineer for the proposed haul
route.
19. This project is approved upon the express condition that building permits will not be issued for the
development of the subject property, unless the district engineer has determined that adequate
water and sewer facilities are available at the time of permit issuance and will continue to be available
until time of occupancy.
20. Developer shall prepare, submit and process for city engineer approval a final map to subdivide this
project. There shall be one Final Map recorded for this project. Developer shall pay the city standard
map review plan check fees.
21. Developer shall install sight distance corridors at all street intersections and driveways in accordance
with City Engineering Standards. The property owner shall maintain this condition.
Fees/ Agreements
22. Developer shall cause property owner to execute and submit to the city engineer for recordation, the
city's standard form Geologic Failure Hold Harmless Agreement.
MS 2018-0002 (DEV2018-0048) -OAK AVENUE PARCEL MAP
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23. Developer shall cause property owner to execute and submit to the city _engineer for recordation the
city's standard form Drainage Hold Harmless Agreement.
24. Developer shall cause property owner to enter into a Neighborhood Improvement Agreement with
the city on a city standard form for the future public improvement of Oak Avenue along the property
frontage for a half street width of 40-feet. Public improvements shall include but are not limited to
paving, base, sidewalks, curbs and gutters, grading, clearing and grubbing, undergrounding or
relocation of utilities, sewer, water, fire hydrants, street lights and reclaimed water.
25. Developer shall cause owner to execute, for recordation, a city standard Local Improvement District
Agreement to pay fair share contributions for undergrounding of all existing overhead utilities and
installation of street lights, as needed, along the subdivision frontage, should a future district be
formed.
Grading
26. Based upon a review of the proposed grading and the grading quantities shown on the tentative map,
a grading permit for this project is required. Developer shall prepare and submit plans and technical
studies/reports as required by city engineer, post security and pay all applicable grading plan review
and permit fees per the city's latest fee schedule.
27. Prior to issuance of the grading permit, the contractor shall submit a Construction Plan to the city
engineer for review and approval. Said Plan may be required to include, but not be limited to,
identifying the location of the construction trailer, material staging, bathroom facilities, parking of
construction vehicles, employee parking, construction fencing and gates, obtaining any necessary
permission for off-site encroachment, addressing pedestrian safety, and identifying time restrictions
for various construction activities.
Storm Water Quality
28. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement
best management practices at all times. Best management practices include but are not limited to
pollution control practices or devices, erosion control to prevent silt runoff during construction,
general housekeeping practices, pollution prevention and educational practices, maintenance
procedures, and ·other management practices or devices to prevent or reduce the discharge of
pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent
practicable. Developer shall notify prospective owners and tenants of the above requirements.
29. Developer shall complete and submit to the city engineer a Determination of Project's SWPPP Tier
Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer shall
also submit the appropriate Tier Level Storm Water Compliance form and appropriate Tier Level
Storm Water Pollution Prevention Plan (SWPPP) to the satisfaction of the city engineer. Developer
shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule.
30. Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
landscape plans, building plans, etc) incorporate all source control, site design, pollutant control BMP
MS 2018-0002 (DEV2018-0048) -OAK AVENUE PARCEL MAP
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and applicable hydromodification measures.
31. Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form.
Developer is responsible to ensure that all final design plans, grading plans, and building plans
incorporate applicable best management practices (BMPs). These BMPs include site design, source
control and Low Impact Design (LID) measures including, but not limited to, minimizing the use of
impervious area (paving), routing run-off from impervious area to pervious/landscape areas,
preventing illicit discharges into the storm drain and adding storm drain stenciling or signage all to
the satisfaction of the city engineer.
Dedications/Improvements
32. Developer shall design the private drainage systems, as shown on the tentative map to the satisfaction
of the city engineer. All private drainage systems (12" diameter storm drain and larger) shall be
inspected by the city. Developer shall pay the standard improvement plan check and inspection fees
for private drainage systems.
33. Developer shall design all proposed public improvements including but not limited to (sewer laterals,
driveways, sidewalk, water services/meters, curb drains, etc.) as shown on the tentative map. These
improvements shall be shown on one of the following, subject to city engineer approval:
A. Gra.ding plans processed in conjunction with this project; or
B. Construction Revision to an existing record public improvement drawing
Developer shall pay plan check and inspection fees using improvement valuations in accordance with
the city's curren~ fee schedule. Developer shall apply for and obtain a right-of-way permit prior to
performing work in the city right-of-way. Developer shall prepare a separate construction bond
estimate for the public improvements shown on the grading plans and a separate subdivision
improvement agreement shall be processed for these improvements.
Non-Mapping Notes
34. 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: driveway, water service
and meter, sewer lateral, sewer main.
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: 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. ·
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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.
F. There are no public park or recreational facilities to be located in whole or in part within this
subdivision. The subdivider is therefore obligated to pay park-in-lieu fees in accordance with
section 20.44.050 of the Carlsbad Municipal Code and has either paid all of said park in-lieu fees
or agreed to pay all of said park-in-lieu fees in accordance with section 20.16.070 of the Carlsbad
Municipal Code.
Utilities
35. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows, fire
hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed,
shall be considered public improvements and shall be served by public water mains to the satisfaction
of the district engineer.
36. Developer shall install potable water and/or recycled water services and meters at locations approved
by the district engineer. The locations of said services shall be reflected on public improvement plans.
37. The developer shall agree to install sewer laterals and clean-outs at locations approved by the city
engineer. The locations of sewer laterals shall be reflected on public improvement plans.
Code Reminders:
38. Developer sh.all pay park-in-lieu fees to the City, prior to the approval of the final parcel map as
required by Chapter 20.44 of the Carlsbad Municipal Code.·
39. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
40. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management fee for
Zone 1 as required by Carlsbad Municipal Code Section 21.90.050.
41. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the
Carlsbad Municipal Code.
42. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 17.04.060.
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43. 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.
44. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the City
of Carlsbad Municipal Code to the satisfaction of the city engineer.
45. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of
the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area
contained in the staff report and shown on the tentative map are for planning purposes only.
46. Subdivider shall comply with Section 20.16.040(d) of the Carlsbad Municipal Code regarding the
undergrounding of existing overhead utilities.
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NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."
You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section 66020(a) and
file the protest and any other required information with the city manager for processing in accordance
with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any
subsequent legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges; to planning, zoning, grading, or other
similar application processing or service fees in connection with this project; or to any fees/exactions of
which you have previously been given a NOTICE similar to this, or as to which the statute of limitations
has previously otherwise expired.
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 the Project Planner, Chris Sexton, at 760-602-4631.
Sincerely,
1e---·~.
TERI DELCAMP
Principal Planner
TD:CS:mf
c: Temujin and Summer Matsubara, 1391 Oak Ave., Carlsbad CA 92008
Don Neu, City Planner
Tim Carroll, Project Engineer
Randy Metz, Fire Prevention
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