HomeMy WebLinkAbout2011-12-07; Planning Commission; Resolution 68475
^ PLANNING COMMISSION RESOLUTION NO. 6847
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE
DEVELOPMENT PLAN SDP 11-07 TO ALLOW FOR THE
4 DEVELOPMENT OF A SIX UNIT ATTACHED APARTMENT
PROJECT ON A .38-ACRE INFILL SITE GENERALLY
LOCATED ON THE NORTH SIDE OF LA COSTA AVENUE
6 BETWEEN GIBRALTAR STREET AND ROMERIA STREET,
AND IN LOCAL FACILITIES MANAGEMENT ZONE 6.
7 CASE NAME: LA COSTA BLUFFS LOT 409
CASE NO.: SDP 11-07
9 WHEREAS, La Costa Bluffs, LLC, "Owner/Developer," has filed a verified
10 application with the City of Carlsbad regarding property described as
11 Lot 409 of La Costa South Unit No. 5, in the City of Carlsbad,
j2 County of San Diego, State of California, according to Map
Thereof No. 6600, filed in the office of the County Recorder of
13 San Diego County on March 10,1970
14 ("the Property"); and
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j9 21.06/Section 21.53.120 of the Carlsbad Municipal Code; and
20 WHEREAS, the Planning Commission did, on December 7, 2011, hold a duly
21 noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
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and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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relating to the Site Development Plan.
26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
27 Commission of the City of Carlsbad as follows:
28 A) That the foregoing recitations are tme and correct.
WHEREAS, said verified application constitutes a request for a Site Development
Plan as shown on Exhibits "A" - "I" dated December 7, 2011, on file in the Planning
Department, LA COSTA BLUFFS LOT 409 - SDP 11-07 as provided by Chapter
^ B) That based on the evidence presented at the public hearing, the Planning
2 Commission APPROVES LA COSTA BLUFFS LOT 409 - SDP 11-07 based
on the following findings and subject to the following conditions:
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Findings:
1. That the requested use is properly related to the site, surroundings and environmental
settings, is consistent with the various elements and objectives of the General Plan, will
6 not be detrimental to existing uses or to uses specifically permitted in the area in which
the proposed use is to be located, and will not adversely impact the site, surroundings or
7 traffic circulation, in that the project consists of the development of a 6-unit
residential apartment building situated on a 0.3857-acre previously graded infill lot
located on the north side of La Costa Avenue between Gibraltar Street and Romeria
9 Street. The proposed six unit residential apartment project at a density of 15.55
du/ac is consistent with the Residential High Density (RH: 15 - 23 du/ac) General
10 Plan Land Use designation and compatible with existing multi-family residences
that are located in the area. The project is consistent with the General Plan as
11 discussed in Section "A" of the staff report. Furthermore, the proposed residential
apartment project will not be detrimental to existing uses or to uses specifically
permitted in the area in which the use is located in that, the 6-unit apartment
13 building is a use permitted within the RD-M zone and is compatible with the multi-
family dwelling projects to the north, east and west. The apartment building is
14 properly related to the site surroundings and environmental settings in that the
project complies with all development standards of the RD-M zone and will result in
no environmental impacts. The project will not adversely impact the site,
16 surroundings, or traffic circulation in that the project complies with all applicable
development standards and is adequately parked onsite and will only generate 48
17 Average Daily Trips (ADT).
18 2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that the project complies with all development standards of the Residential Density-
Multiple Zone (RD-M) and Hillside Development Regulations as demonstrated in
the staff report, including front, side and rear setbacks, a slope edge building
setback, lot coverage, parking, and height restrictions.
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That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
22 the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that the proposed six unit residential apartment project
has been designed in compliance with the development and design standards of the
24 RD-M Zone and Hillside Development Regulations of the Carlsbad Municipal Code.
The project provides adequate setbacks, lot coverage, complies with the 35 foot
25 maximum height limit and is consistent with the slope edge building setback in that
all of the units, including the decks, are set back from the top of slope so that the
26 building does not intrude into a 7:1 ratio slope edge building setback (.7 foot
2y horizontal to one foot vertical imaginary diagonal plane that is measured from the
slope to the building). The project is compatible with existing permitted uses.
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" That the street systems serving the proposed use is adequate to properly handle all traffic
2 generated by the proposed use, in that the project will take access off of La Costa
Avenue. La Costa Avenue is identified as a secondary arterial, designed to
3 adequately handle the 48 Average Daily Trips generated by the six unit residential
^ apartment project.
5 5. The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City's General Plan based on the facts set forth in
6 the staff report dated December 7,2011, including, but not limited to the following:
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7 a. Land Use - The General Plan Land Use designation for the property is
Residential High (RH) Density. The RH Land Use designation allows for the
development of multiple-family dwelling units within a density range of 15 -
23 dwelling units per acre (du/ac) and at a Growth Management Control
Point (GMCP) of 19 du/ac. The six unit residential apartment project has a
10 density of 15.55 du/ac which is within the RH density range. At the RH
GMCP, 7.32 dwelling units (7 units when rounded down) would be permitted
11 on this 0.3857 net developable acre property. The project proposes six
residential apartments and is consistent with the RH General Plan Land Use
^2 designation.
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b. Circulation - The project will take access off of La Costa Avenue. La Costa
14 Avenue is identified as a secondary arterial, designed to adequately handle
the 48 Average Daily Trips generated by the six unit residential apartment
15 project. All public facilities including curb, gutter and sidewalk exist along
the property frontage.
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c. Noise - A noise study was prepared by ABC Acoustics, Inc., dated August 15,
2011 and concluded that the project complies with the exterior 60 dB(A)
1 g CNEL noise standard and the interior 45dB(A) CNEL noise standard.
19 d. Housing - The project is consistent with the Housing Element of the General
Plan. The project consists of constructing six residential apartments and is
2*^ not subject to the Inclusionary Housing Ordinance.
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The project is consistent with the Citywide Facilities and Improvements Plan, the Local
22 Facilities Management Plan for Zone 6 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to constmct or
23 provide funding to ensure that all facilities and improvements regarding sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; govemment administrative facilities; and open space, related to the
25 project will be installed to serve new development prior to or concurrent with need.
Specifically,
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a. The project has been conditioned to provide proof from the San Dieguito Union
27 High and Encinitas Union School District that the project has satisfied its
obligation for school facilities.
28 b. The Public Facility fee is required to be paid by Coimcil Policy No. 17 and will be
collected prior to the issuance of building permit.
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c. The Local Facilities Management fee for Zone 6 is required by Carlsbad
2 Municipal Code Section 21.90.050 and will be collected prior to issuance of
building permit.
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7. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
4 Code Section 14.28.020 and Landscape Manual Section I B).
^ 8. That the Plarming Director has determined that the project belongs to a class of projects
6 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
7 preparation of environmental documents pursuant to Section 15332 (In-Fill
Development Projects) Class 32 Categorical Exemption of the state CEQA Guidelines.
In making this determination, the Planning Director has found that the exceptions listed in
g Section 15300.2 of the state CEQA Guidelines do not apply to this project.
JQ 9. The Planning Commission 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
11 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.
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Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
grading or building permit, whichever occurs first.
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1. If any of the following conditions fail to occur, or if they are, by their terms, to be
16 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
1 g 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
19 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
2*^ or a successor in interest by the City's approval of this Site Development Plan.
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Staff is authorized and directed to make, or require the Developer to make, all corrections
22 and modifications to the Site Development Plan documents, as necessary to make them
intemally consistent and in conformity with the final action on the project. Development
23 shall occur substantially as shown on the approved Exhibits. Any proposed development,
2^ different from this approval, shall require an amendment to this approval.
25 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.
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If any condition for constmction of any public improvements or facilities, or the payment
2^ of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
2g challenged, 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
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^ unless the City Council determines that the project without the condition complies with
2 all requirements of law.
3 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
4 representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attomey's fees incurred by the City arising, directly
or indirectly, from (a) City's approval and issuance of this Site Development Plan,
6 (b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
7 (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
9 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
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7. Developer shall include, as part of the plans submitted for any permit plancheck, a
13 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
format (including any applicable Coastal Commission approvals).
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6. Developer shall submit to Planning Director a reproducible 24" x 36" mylar copy of the
Site Plan reflecting the conditions approved by the final decision-making body.
8. Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the San Dieguito Union High and Encinitas Union School District that
16 this project has satisfied its obligation to provide school facilities.
17 9. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 6 Local Facilities Management Plan and any amendments made to that
^ ^ Plan prior to the issuance of building permits.
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10. This approval shall become null and void if building permits are not issued for this
20 project within 24 months from the date of project approval.
21 11. 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
23 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.
12. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new constmction imposed by Carlsbad Municipal Code Section
26 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
27 Local Facilities Management Plan fee for Zone 6, 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
28 approval will not be consistent with the General Plan and shall become void.
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13. Prior to the issuance of the building permit. Developer shall submit to the City a Notice
2 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 Planning
3 Director, notifying all interested parties and successors in interest that the City of
Carlsbad has issued a Site Development Plan by Resolution No. 6847 on the property.
4 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
6 Plarming Director 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
7 or successor in interest.
14. Developer shall submit and obtain Planning Director approval of a Final Landscape and
9 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City's Landscape Manual. Developer shall constmct and install all landscaping as
10 shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
^ ^ condition, free from weeds, trash, and debris.
12 15. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on file in the Plarming Department and accompanied by the
13 project's building, improvement, and grading plans.
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14 16. This project has been found to result in impacts to wildlife habitat or other lands, such as
agricultural land, non-native grassland, and disturbed lands, which provide some benefits
to wildlife, as documented in the City's Habitat Management Plan and the environmental
16 analysis for this project. Developer is aware that the City has adopted an In-lieu
Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City
17 Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of
vegetation and animal species. The Developer is further aware that the City has
determined that all projects will be required to pay the fee in order to be found consistent
J g with the Habitat Management Plan and the Open Space and Conservation Element of the
General Plan. The City is currently updating the fee study, which is expected to result in
20 an increase in the amount of the fee, and the Developer or Developer's successor(s) in
interest shall pay the adjusted amount of the fee once it is approved by the City Council.
21 The fee shall be paid prior to recordation of a final map, or issuance of a grading permit
or building permit, whichever occurs first. If the In-lieu Mitigation Fee for this project is
not paid, this project will not be consistent with the Habitat Management Plan and the
23 General Plan and any and all approvals for this project shall become null and void.
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24 17. The Developer is aware that the City is considering options for amending the Carlsbad
Municipal Code Inclusionary Ordinance Title 21, Chapter 21.85 to mandate an
2^ inclusionary housing requirement with the new constmction of rental housing, including
26 on-site constmction of affordable units. The applicant is fiirther aware that the City may
determine that certain residential rental projects may have to pay a housing impact fee, in
27 order to be found consistent with the City's revised Inclusionary Ordinance. If an impact
fee is established by City Council ordinance and/or resolution and this project becomes
28 subject to an impact fee pursuant to said ordinance and/or resolution, then the Developer,
or his/her/their successor(s) in interest, shall pay the impact fee. The impact fee shall be
PC RESO NO. 6847 -6-
paid at the time of issuance of building permits or paid on approval of the final map,
2 parcel map or certificate of compliance, required to process the residential Planned
Development Permit, whichever pertains. If impact fees are required for this project, and
3 they are not paid, this project will not be consistent with the General Plan and approval
^ for this project will become null and void.
^ Engineering:
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the
6 approval of this proposed development, must be met prior to approval of a grading or building
permit, whichever occurs first.
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General
9 18. Prior to hauling dirt or constmction materials to or from any proposed constmction site
within this project, developer shall apply for and obtain approval from, the city engineer
10 for the proposed haul route.
11 19. Prior to the approval of a grading or building permit, the developer shall complete
12 processing of a lot line adjustment between Lot 408 and Lot 409 as shown on the site
plan.
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20. Developer shall submit to the city planner, a reproducible 24" x 36", mylar copy of the
14 Site Plan and Conceptual Grading Plan reflecting the conditions approved by the final
decision making body. The reproducible shall be submitted to the city planner, reviewed
and, if acceptable, signed by the city's project engineer and project planner prior to
16 submittal of the building plans, improvement plans, grading plans, or final map,
whichever occurs first.
21. Developer shall install sight distance corridors at all driveways in accordance with City
Engineering Standards. The property owner shall maintain this condition.
Fees/Agreements
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22. Developer shall cause property owner to execute and submit to the city engineer for
21 recordation, the city's standard form Geologic Failure Hold Harmless Agreement.
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23. Developer shall cause property owner to execute and submit to the city engineer for
23 recordation the city's standard form Drainage Hold Harmless Agreement.
24 24. Developer shall cause property owner to execute, and submit to the city engineer for
recordation, a city standard deed restriction on the property which relates to the proposed
2^ cross lot drainage as shown on the site plan. The deed restriction document shall:
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A. Clearly delineate the limits of the drainage course; and
27 B. State that the drainage course is to be maintained in perpetuity by the underlying
property owner; and
28 c. State that all fiiture use of the property along the drainage course will not restrict,
impede, divert or otherwise alter drainage flows in a manner that will result in
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damage to the underlying and adjacent properties or the creation of a public
nuisance.
3 25. Prior to approval of any grading or building permits for this project, developer shall cause
owner to give written consent to the city engineer for the annexation of the area shown
4 within the boundaries of the site plan into the existing City of Carlsbad Street Lighting
and Landscaping District No. 1 and/or to the formation or annexation into an additional
Street Lighting and Landscaping District. Said written consent shall be on a form
6 provided by the city engineer.
7 Grading
26. Based upon a review of the proposed grading and the grading quantities shown on the site
9 plan), a grading permit for this project is required. Developer shall prepare and submit
plans and technical studies/reports, for city engineer review, and shall pay all applicable
10 grading plan review fees per the city's latest fee schedule.
11 27. Developer shall apply for and obtain a grading permit from the city engineer. Developer
j2 shall pay all applicable grading permit fees per the city's latest fee schedule and shall post
security per City Code requirements.
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28. Based upon a review of the site plan this project requires off site grading and construction
14 of a retaining wall along the easterly property line common to Lot 409. No grading for
private improvements shall occur outside the project unless developer submits, to the city
engineer, a temporary grading, construction or slope agreement from the owners of the
16 affected properties. If developer is unable to obtain the temporary grading or slope
agreement, no grading permit will be issued. In that case developer must either apply for
17 and obtain an amendment of this approval or modify the plans so grading and
construction will not occur outside the project and apply for and obtain a finding of
substantial conformance and/or consistency determination from both the city engineer
I g and city planner.
20 29. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include
21 but are not limited to pollution control practices or devices, erosion control to prevent silt
runoff during constmction, general housekeeping practices, pollution prevention and
educational practices, maintenance procedures, and other management practices or
23 devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or
stormwater conveyance system to the maximum extent practicable. Developer shall
24 notify prospective owners and tenants of the above requirements.
2^ 30. Developer shall complete and submit to the city engineer a Project Threat Assessment
26 Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF,
developer shall also submit the appropriate Tier level Storm Water Compliance form and
27 appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by
the completed PTAF all to the satisfaction of the city engineer. Developer shall pay all
28 applicable SWPPP plan review and inspection fees per the city's latest fee schedule.
PC RESO NO. 6847
^ 31. Developer is responsible to ensure that all final design plans (grading plans, improvement
2 plans, landscape plans, building plans, etc) incorporate all source control, site design,
treatment control BMP and Low Impact Design (LID) facilities.
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32. Developer shall incorporate measures with this project to comply with Standard
4 Stormwater Requirements per the city's Standard Urban Stormwater Management Plan
(SUSMP). These measures include, but are not limited to: 1) reducing the use of new
impervious surfaces (e.g.: paving), 2) designing drainage from impervious surfaces to
6 discharge over pervious areas (e.g.: turf, landscape areas), 3) and designing trash
enclosures to avoid contact with storm runoff, all to the satisfaction of the city engineer.
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Dedications/Improvements
9 33. Developer shall cause owner to submit to the city engineer for recordation a covenant of
easement for private drainage purposes as shown on the site plan. Developer shall pay
10 processing fees per the city's latest fee schedule.
11 34. Developer shall design the private drainage systems, as shown on the site plan to the
j2 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
13 plan check and inspection fees for private drainage systems.
14 35. Developer shall design all proposed public improvements including but not limited to
sewer laterals, water services/meters, fire service line, driveway, sidewalk and curb drain
as shown on the site plan. These improvements shall be shown on one of the following,
16 subject to city engineer approval:
A. Grading plans processed in conjunction with this project; or
17 B. Construction Revision to an existing record public improvement drawing.
1^ 36. Developer shall pay plan check and inspection fees using improvement valuations in
^g accordance with the city's current fee schedule. Developer shall apply for and obtain a
right-of-way permit prior to performing work in the city right-of-way.
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38. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges
24 for connection to public facilities.
2^ 39. Developer shall install potable water and irrigation water services and meters at locations
26 approved by the district engineer. The locations of said services shall be reflected on
grading plans processed for this project or public improvement plans.
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40. The developer shall install sewer laterals and clean-outs at locations approved by the
28 Leucadia Wastewater District. The locations of sewer laterals shall be reflected on
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Utilities
37. Developer shall meet with the fire marshal to determine fire protection measures (fire
flows, fire hydrant locations, building sprinklers) required to serve the project.
^ grading plans processed for this project or public improvement plans, to the satisfaction
2 of the Leucadia Wastewater District.
3 41. The developer shall meet with and obtain approval from the Leucadia Wastewater
District regarding sewer infrastmcture available or required to serve this project.
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Code Reminders:
6 The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
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42. 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
9 Trips (ADT) and floor area contained in the staff report and shown on the site plan are for
planning purposes only.
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43. Approval of this request shall not excuse compliance with all applicable sections of the
11 Zoning Ordinance and all other applicable City ordinances in effect at time of building
j2 permit issuance, except as otherwise specifically provided herein.
13 44. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
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45. Developer shall pay traffic impact fees based on Section 18.42 of the City of Carlsbad
Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained
16 in the staff report and shown on the site plan are for planning purposes only.
17 NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
19 reservations, or other exactions hereafter collectively referred to for convenience as
'fees/exactions."
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2j You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Govemment Code Section
22 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
23 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
25 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, nor planning,
26 zoning, grading, or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
27 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
2g expired.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, Califomia, held on December 7, 2011, by the following
vote, to wit:
^ AYES: Chairperson L'Heureux, Commissioner Amold, Black, Nygaard,
Schumacher, Scully and Siekmann
NOES:
ABSENT:
ABSTAIN:
STEPHEN-^P" L'HEUREUX, Chairperson
13 CARLSBAD PLANNING COMMISSION
ATTEST:
17 DON NEU
Planning Director
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