HomeMy WebLinkAbout2014-05-07; Planning Commission; Resolution 70471 PLANNING COMMISSION RESOLUTION NO. 7047
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT
PERMIT TO ALLOW FOR THE CONSTRUCTION OF A NEW 3,412 SQUARE
FOOT SINGLE-FAMILY RESIDENCE WITHIN THE MELLO II SEGMENT OF
THE CITY'S COASTAL ZONE ON PROPERTY GENERALLY LOCATED ON THE
WEST SIDE OF JEFFERSON STREET SOUTH OF LAS FLORES DRIVE, IN
LOCAL FACILITIES MANAGEMENT ZONE 1,
6 CASE NAME: DE ANDA RESIDENCE
CASE NO: CDP 13-30
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WHEREAS, Veronica De Anda, "Developer/Owner," has filed a verified application with
the City of Carlsbad regarding described as:
Portion of Tract No. 3 of Laguna Mesa Tracts, in the City of Carlsbad,
10 County of San Diego, State of California, according to Map Thereof No.
1719 filed in the Office of the County Recorder of San Diego County,
June 20,1921, more particularly described as follows:
Beginning at the Southeasterly corner of Parcel 1 described in Deed to
Leo S. Kariyn, recorded August 7, 1991, as Document No. 91-0398331
of Official Records, thence along the Southerly Line of said Parcel 1
and the Southerly Line of Parcel 2 of said Deed North 89°27'37" West,
230.29 feet to the Westerly Line of Parcel 2 of said Deed; thence along
said Westerly Line North 19''15'50" East,, 79.19 feet; thence South
Sg'27'37" East, 204.88 feet to the Easterly Line of Parcel of said deed;
15 thence along said Easteriy Line South 0°32'42" West, 75.00 feet to the
point of beginning
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24 hearing as prescribed by law to consider said request; and
25 WHEREAS, at said public hearing, upon hearing and considering all testimony and
26 arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to
27 the Coastal Development Permit.
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("the Property"); and
WHEREAS, said verified application constitutes a request for a Coastal Development
Permit as shown on Exhibits "A" - "P" dated May 7, 2014, attached hereto and on file in the Carlsbad
Planning Division, DE ANDA RESIDENCE - CDP 13-30, as provided in Chapter 21.201 of the Carisbad
Municipal Code; and
WHEREAS, the Planning Commission did, on May 7, 2014, hold a duly noticed public
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad, as follows:
A) That the above recitations are true and correct.
5 B) That based on the evidence presented at the public hearing, the Commission APPROVES
DE ANDA RESIDENCE - CDP 13-30, based on the following findings and subject to the
5 following conditions:
7 Findings:
8 1. That the proposed development is in conformance with the Certified Local Coastal Program and
all applicable policies in that the project consists of the construction of a new 3,412 square foot
9 single family residence with an attached two-car car garage in an area designated for
residential development. The proposed two-story story, single-family residence is compatible
10 with the surrounding development of one and two-story single-family and multi-family
structures. The two-story residence will not obstruct views of the coastline as seen from
public lands or the public right-of-way, nor otherwise damage the visual beauty of the coastal
zone. No agricultural uses currently exist on the previously graded site, nor are there any
sensitive resources located on the developable portion of the site. The proposed single-family
residence is not located in an area of known geologic instability or flood hazard. The property
is located adjacent to the shore of the Buena Vista Lagoon; however, since the site is
residentially designated, it is not suited for water-oriented recreation activities.
2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
Coastal Act in that the project has been conditioned to dedicate an irrevocable 25 foot wide
IQ lateral access easement along the Buena Vista Lagoon to the California Coastal Commission or
their designee as agreed to with the California Coastal Commission.
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3. The project is consistent with the provisions of the Coastal Resource Protection Overiay Zone
18 (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master
Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water
19 Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management Program (JURMP) to
avoid increased urban runoff, pollutants, and soil erosion. Slopes equal to or greater than
20 25% and possessing endangered plant/animal species and/or coastal sage scrub and chaparral
plant communities are considered "dual criteria" slopes and are protected in the coastal zone.
The subject property does not contain and "dual criteria" slopes. A 100 foot setback from
wetlands and the Buena Vista Lagoon has been provided to buffer any sensitive habitat from
intrusion. However, the project is encroaching into natural 25% or greater slopes without
native vegetation. Pursuant to Section 21.203.040(A)(3), development of such slopes is
permitted provided that A) a supplement to a geotechnical review prepared by GeoSoils, Inc.
dated October 28, 2013, found that the subject slope area is stable and will remain so for at
least 75 years, or the life of the structure; B) The development intent of this property is to
25 utilize its location and take advantage of its views towards the Buena Vista Lagoon and Pacific
Ocean. By restricting development to areas with slope gradients of less than 25%, it leaves
25 little developable land in relation to the size of the property. Therefore it is essential to build
upon portions of the steep slope in order to have a house that is comparable in size to those
27 in nearby lots and to have a usable rear yard with decks and a pool; C) According to a
Biological Resources Letter Report prepared by Helix Environmental Planning on August 5,
28 2013, the area of slope disturbance contains non-native grassland and would therefore not
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damage or alter major wildlife habitat or native vegetation areas; D) The area of slope
^ disturbance is 1,152 square feet, which is less than one-third of the total steep slope area; E)
According to a Biological Resources Letter Report prepared by Helix Environmental Planning
on August 5, 2013, the area of slope disturbance does not contain any wildlife corridors; and
^ F) The slope that is within the property is a west facing slope, and would not be prone to
stability problems and does not contain natural vegetation.
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The project is consistent with the provisions ofthe Coastal Shoreline Development Overiay Zone
5 (Chapter 21.204 of the Zoning Ordinance) in that A) the project has been conditioned to
dedicate an irrevocable 25' wide lateral access easement along the Buena Vista Lagoon to the
7 California Coastal Commission or their designee as agreed to with the California Coastal
Commission; B) A geotechnical analysis for the project was prepared by Geosoils, inc. on
8 October 28, 2013. The analysis concluded that the proposed development will have no
adverse effect on the stability of the slope and that the site is suitable for the proposed
9 development; C) The proposed residential structure has been designed with attractive
architectural features such as smooth Santa Barbara stucco, stone veneer, and horizontal
10 wood and metal siding, which are compatible with the surrounding development and natural
environment; D) The project design is consistent with the other adjacent buildings along
Jefferson Street and the proposed structure complies with applicable side yard setback
requirements, which will, to the extent feasible, continue to preserve existing ocean views
from the street; E) The proposed single-family residence has been designed to step-down the
existing terraced pad; F) The site will require grading to accommodate the proposed residence
and pool. A grading permit will be required for the construction of this project. The grading
^4 has been planned so as to limit the impact on the slope; G) The project adheres to all coastal
"stringline" setback requirements. The project consists of the construction of a single-family
•j^5 residence with an outdoor deck and pool. The proposed construction will adhere to the
"stringline" setback requirement for both the residential structure and pool/decks.
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The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
17 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
18 facilities and improvements regarding sewer collection and treatment; water; drainage;
circulation; fire: schools; parks and other recreational facilities: libraries; government
19 administrative facilities; and open space, related to the 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 Carisbad Unified School District
21 that the project has satisfied its obligation for school facilities.
22 b. 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.
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The Local Facilities Management fee for Zone 1 is required by Carisbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
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6. 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 the staff report dated May
7, 2014 including, but not limited to the following: The subject property is designated
Residential Medium High (RMH). The RMH Land Use designation allows for the development
of residential units within a density range of 8 to 15 dwelling units per acre (du/ac) and at a
23 Growth Management Control Point (GMCP) of 11.5. The project site has a net area of .31
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acres and at the 11.5 GMCP, 3.57 dwelling units are allowed. The project's density is below
the density range set for the subject property, however, one single-family dwelling unit is
permitted pursuant to the following General plan Land Use provision: "Notwithstanding the
density provisions and intent of each residential land use designation, a one-family dwelling
shall be permitted on any legal lot that existed as of October 28, 2004." The subject lot was
legally created prior to October 28, 2004; therefore, development of a one-family dwelling is
consistent with the RMH General Plan Land Use designation.
5 7. 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 to
7 mitigate impacts caused by or reasonably related to the project, and the extent and the degree
ofthe exaction is in rough proportionality to the impact caused by the project.
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Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading or
11 building permit, whichever occurs first.
Conditions:
General
^2 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
2^5 rights are gained by Developer or a successor in interest by the City's approval of this Coastal
Development Permit.
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2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
18 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
19 occur substantially as shown on the approved Exhibits. Any proposed development, different
from this approval, shall require an amendment to this approval.
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Developer shall comply with all applicable provisions of federal, state, and local laws and
21 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,
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.
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5. Developer shall implement, or cause the implementation of, the De Anda Residence Coastal
25 Development Permit Project Mitigation Monitoring and Reporting Program and Addendum.
27 6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carisbad, its Council members, officers, employees, agents, and
28 representatives, from and against any and all liabilities, losses, damages, demands, claims and
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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 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.
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7. Developer shall submit to the City Planner a reproducible 24" x 36," mylar copy of the Site Plan
7 reflecting the conditions approved by the final decision-making body.
8 8. Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from the Carisbad Unified School District that this project has satisfied its obligation to
9 provide school facilities.
10 9. This project shall comply with all conditions and mitigation measures which are required as part
ofthe Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
10. 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.
11. Prior to the issuance of the building permit. Developer shall submit to the City a Notice of
Restriction executed by the owner ofthe real property to be developed. Said notice is to be filed
j5 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 Coastal
16 Development Permit by Resolution No. 7047 on the property. Said Notice of Restriction shall
note the property description, location of the file containing complete project details and all
17 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
18 to the notice which modifies or terminates said notice upon a showing of good cause by the
Developer or successor in interest.
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12. Building permits will not be issued for this project unless the local agency providing water and
20 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
21 application for the building permit, and that water and sewer capacity and facilities will continue
to be available until the time of occupancy.
13. Prior to the issuance of any permits for the project, the applicant shall submit to the City Planner
a digital copy of the biology report exhibits in Autocad DWG or ESRI-Shape-File Format
registered to CCS zone 6 NAD 83. The City Planner has the discretion to waive this condition
based on factors such as the scope of the study and the format in which the exhibits were
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14. 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
27 wildlife, as documented in the City's Habitat Management Plan and the environmental analysis
for this project. Developer is aware that the City has adopted an In-lieu Mitigation Fee
28 consistent with Section E.6 of the Habitat Management Plan and City Council Resolution No.
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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 with the Habitat Management Plan and the Open
Space and Conservation Element of the General Plan. Developer or Developer's successor(s) in
interest shall pay the fee 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 General Plan and
any and all approvals for this project shall become null and void.
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15. At issuance of building permits, the Developer shall pay to the city an inclusionary housing (in
7 lieu) fee 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.
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16. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan
9 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
10 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 amount of water to the landscape for plant growth without causing soil erosion and
runoff.
17. 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.
15 18. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the
License Tax on new construction imposed by Carisbad Municipal Code Section 5.09.030, and CFD
16 #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
17 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
18 and shall become void.
19 19. Prior to issuance of a grading permit, the developer shall record a deed restriction/waiver of
public liability in compliance with the requirements of Municipal Code Section 21.204.120
20 (Coastal Shoreline Development Overiay Zone).
21 20. The owner shall comply with the Coastal Shoreline Development Overiay Zone (Chapter
21.204 of the Zoning Ordinance), and dedicate a 25 foot wide lateral access easement to the
22 California Coastal Commission or their designee as agreed to with the California Coastal
Commission.
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21. Developer shall comply with the Mitigation Measures outlined in the Mitigation Monitoring
2^ and Reporting Program and the Addendum to the Mitigated Negative Declaration.
25 Engineering
22. 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
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proposed haul route.
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23. 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.
Fees/Agreements
24. 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.
25. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city's standard form Drainage Hold Harmless Agreement.
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26. Developer shall cause property owner to process, execute and submit an executed copy to the
g city engineer for recordation a city standard Permanent Stormwater Quality Best Management
Practice Maintenance Agreement for the perpetual maintenance of all treatment control,
10 applicable site design and source control, post-construction permanent Best Management
Practices prior to the issuance of a grading permit or building permit, whichever occurs first.
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27. Developer shall cause owner to give written consent to the city engineer for the annexation of
12 the area shown within the boundaries of the site plan into the existing City of Carisbad Street
Lighting and Landscaping District No. 1 and/or to the formation or annexation into an additional
13 Street Lighting and Landscaping District. Said written consent shall be on a form provided by the
city engineer.
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28. Developer shall cause owner to execute, for recordation, a city standard Local Improvement
15 District Agreement to pay fair share contributions for undergrounding of all existing overhead
utilities and installation of street lights, as needed, along the project frontage, should a future
1^ district be formed.
1^ Grading
18 29. Based upon a review of the proposed grading and the grading quantities shown on the site plan
a grading permit for this project is required. Developer shall prepare and submit plans and
19 technical studies/reports, for city engineer review, and shall pay all applicable grading plan
review fees per the city's latest fee schedule.
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30. Developer shall apply for and obtain a grading permit from the city engineer. Developer shall
pay all applicable grading permit fees per the city's latest fee schedule and shall post security
per City Code requirements.
31. 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
24 not limited to pollution control practices or devices, erosion control to prevent silt runoff during
construction, general housekeeping practices, pollution prevention and educational practices,
25 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
26 maximum extent practicable. Developer shall notify prospective owners and tenants of the
above requirements.
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32. Prior to the issuance of a grading permit, developer shall submit to the city engineer receipt of a
28 Notice of Intent from the State Water Resources Control Board.
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33. Developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3
SWPPP). The TIER 3 SWPPP shall comply with current requirements and provisions established
by the San Diego Regional Water Quality Control Board and City of Carisbad Requirements. The
TIER 3 SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff
during construction of the project to the maximum extent practicable. Developer shall pay all
applicable SWPPP plan review and inspection fees per the city's latest fee schedule.
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^ " 34. This project is subject to 'Priority Development Project' requirements. Developer shall prepare
5 and process a Storm Water Management Plan (SWMP), subject to city engineer approval, to
demonstrate how this project meets new/current storm water treatment requirements per the
7 city's Standard Urban Storm Water Management Plan (SUSMP), latest version. In addition to
new treatment control BMP selection criteria in the SUSMP, the developer shall use low impact
8 development (site design) approaches to ensure that runoff from impervious areas (roofs,
pavement, etc.) are drained through landscaped (pervious) areas prior to discharge. Developer
9 shall pay all applicable SWMP plan review and inspection fees per the city's latest fee schedule.
10 35. Developer is responsible to ensure that all final design plans (grading plans, landscape plans,
building plans, etc.) incorporate all source control, site design, treatment control BMP,
11 applicable hydromodification measures, and Low Impact Design (LID) facilities.
12 36. Developer shall submit documentation, subject to city engineer approval, demonstrating how
this project complies with hydromodification requirements per the city's SUSMP, latest version.
13 Documentation shall be included within the Storm Water Management Plan (SWMP).
1^ Dedications/Improvements
37. Developer shall design all proposed public improvements including but not limited to (sewer
laterals, streetlights, pedestrian ramps, driveways, sidewalk, water services/meters, curb drains,
etc.) as shown on the site plan These improvements shall be shown on one of the following,
subject to city engineer approval:
A. Grading plans processed in conjunction with this project; or
B. Construction Revision to an existing record public improvement drawing.
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Developer shall pay plan check and inspection fees using improvement valuations in accordance
20 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. Developer shall meet with the fire marshal to determine fire protection measures (fire flows,
23 fire hydrant locations, building sprinklers) required to serve the project. Fire hydrants, if
proposed, shall be considered public improvements and shall be served by public water mains to
24 the satisfaction of the district engineer.
25 39. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
Utilities
40. Developer shall install potable water service and meter at a location approved by the district
engineer.
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41. The developer shall install sewer lateral and clean-outs at a location approved by the city
engineer.
Code Reminders
42. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section
13.10 ofthe City of Carisbad Municipal Code, respectively.
43. Prior to the issuance of a building permit. Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
44. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050
8 of the Carisbad Municipal Code.
9 45. 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,
10 except as otherwise specifically provided herein.
11 46. Premise identification (addresses) shall be provided consistent with Carisbad Municipal Code
Section 18.04.320.
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47. Any signs proposed for this development shall at a minimum be designed in conformance with
13 the City's Sign Ordinance and shall require review and approval of the City Planner prior to
installation of such signs.
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NOTICE TO APPLICANT
16 An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carisbad Village
Drive, Carisbad, California, 92008, within ten (10) calendar days of the date of the Planning
17 Commission's decision. Pursuant to Carisbad Municipal Code Chapter 21.54, section 21.54.150, the
appeal must be in writing and state the reason(s) for the appeal. The City Council must make a
18 determination on the appeal prior to any judicial review.
19 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 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 Carisbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will
23 bar any subsequent legal action to attack, review, set aside, void, or annul their imposition.
24 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, zoning, grading, or other
25 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 NOTICE similar to this, or as to which the
26 statute of limitations has previously otherwise expired.
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PASSED, APPROVED, AND ADOPTED at a regular meeting ofthe Planning Commission of
the City of Carlsbad, California, held on May 7, 2014, by the following vote, to wit:
AYES: Chairperson Black, Commissioners Anderson, L'Heureux, Scully, Segall
and Siekmann
NOES:
ABSENT:
ABSTAIN:
NEIL BLACK, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
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