HomeMy WebLinkAbout2015-05-20; Planning Commission; Resolution 7101
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT
PERMIT AND MINOR VARIANCE TO 1) ALLOW FOR THE DEMOLITION OF
AN EXISTING 3,056 SQUARE FOOT ONE-STORY SINGLE-FAMILY
RESIDENCE WITH BASEMENT AND A PARTIAL DEMOLITION OF AN
EXISTING DETACHED 528 SQUARE FOOT TWO-CAR GARAGE WITH A 432
SQUARE FOOT GUEST HOUSE; 2) ALLOW FOR THE REMODEL,
EXPANSION, AND ATTACHMENT OF THE EXISTING TWO-CAR GARAGE
AND GUEST HOUSE TO A NEW TWO-STORY SINGLE-FAMILY RESIDENCE
WITH BASEMENT TOTALING 8,845 SQUARE FEET OF LIVING AREA
ALONG WITH CONSTRUCTION OF RELATED SITE IMPROVEMENTS,
INCLUDING A NEW SWIMMING POOL; AND 3) ALLOW FOR A REDUCED
FRONT YARD SETBACK FROM 20'-0" TO 8'-9¾" AND A REDUCED SIDE
YARD SETBACK FROM 7'-6" TO 4'-4½" TO PRESERVE THE ESTABLISHED
DEVELOPMENT FOOTPRINT OF THE EXISTING GARAGE/GUEST HOUSE;
AND A REDUCED FRONT YARD SETBACK FROM 20'-0" TO 12'-6¾" FOR
THE REPLACEMENT OF A NEWLY DESIGNED FRONT ENTRY COURTYARD
WALL WITH DECORATIVE WOOD GATE AND IRON VIEW FENCE
GREATER THAN FORTY-TWO INCHES IN HEIGHT ON PROPERTY LOCATED
AT 5039 TIERRA DEL ORO WITHIN THE MELLO II SEGMENT OF THE
CITY’S COASTAL ZONE AND LOCAL FACILITIES MANAGEMENT ZONE 3.
CASE NAME: TIERRA DEL ORO RESIDENCE
CASE NO.: CDP 14-05/AV 15-04
WHEREAS, the Tierra Del Oro, LLC, “Owner/Developer” has filed a verified application
with the City of Carlsbad regarding properties described as:
Lot 8 of Tierra Del Oro, in the City of Carlsbad, County of San Diego,
State of California, according to Map thereof No. 3052, filed in the
Office of the County Recorder of San Diego County, February 4, 1954
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal Development
Permit and Minor Variance as shown on Exhibits “A” – “II” dated May 20, 2015, on file in the Planning
Division, TIERRA DEL ORO RESIDENCE – CDP 14-05/AV 15-04, as provided by Chapters 21.50 and
21.201 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on May 20, 2015, hold a duly noticed public
hearing as prescribed by law to consider said request; and
PLANNING COMMISSION RESOLUTION NO. 7101
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WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to
the Coastal Development Permit and Minor Variance.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning Commission
APPROVES TIERRA DEL ORO RESIDENCE – CDP 14-05/AV 15-04 based on the following
findings and subject to the following conditions:
Findings:
Coastal Development, CDP 14-05
1. That the proposed development is in conformance with the Certified Local Coastal Program and
all applicable policies in that the project site is designated for single-family residential
development and the development consists of demolition, partial remodel and expansion of
an existing single-family residence with an accessory garage/guest house on a 0.61 acre
property; the development is consistent with the Mello II land use designation of RLM/OS; no
development is proposed within the Open Space (OS) designated portions of the site reserved
for the coastal bluff and the beach area below; the proposed residence, which includes a
decorative iron type view fencing perpendicular to the north property line with ≥50% open
type design, does not obstruct views of the coastline as seen from public lands or public
rights-of-way or otherwise damage the visual beauty of the coastal zone; no agricultural
activities, geological instability or coastal access opportunities exist on the previously graded
and developed site; and no sensitive biological resources exist on site as discussed in the
project staff report.
2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
Coastal Act in that while the property is located adjacent to the shore, the project will not
interfere with the public’s right to physical access as there are existing vertical shoreline
public access points in close proximity of the project site located to the north along Carlsbad
Boulevard across from the Encina Power Plant, and to the south along Carlsbad Boulevard
near Cerezo Drive; and the proposal will not deny the public access to the beach in that the
project is conditioned to dedicate a lateral public access easement with a minimum width of
25 feet of dry sandy beach at all times of the year to the California Coastal Commission or
their designee as agreed to with the California Coastal Commission.
3. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone
(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
Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management Program (JURMP) to
avoid increased urban run-off, pollutants and soil erosion. No development occurs within
areas of natural steep slopes (≥25%); no native vegetation is located on the subject property;
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and no development occurs within the 100 year flood plain. A geotechnical analysis prepared
for the project indicates that the site is not located in an area prone to landslides or slope
instability; and seismic hazards, such as risk of liquefaction, tsunami and seiche, is considered
low.
4. The project is consistent with the provisions of the Coastal Shoreline Development Overlay
Zone (Chapter 21.204 of the Zoning Ordinance) in that a) the project does not interfere with
the public’s right to physical access as there are existing vertical shoreline public access points
in close proximity to the north and south of the project site as discussed in the project staff
report; b) the proposal does not deny the public access to the beach in that the project has
been conditioned to dedicate a lateral public access easement with a minimum width of 25
feet of dry sandy beach at all times of the year to the California Coastal Commission or their
designee as agreed to with the California Coastal Commission; c) a geotechnical analysis and
subsequent updates for the project concluded that the proposed development, including the
addition of a new swimming pool, will have no adverse effect on the stability of the coastal
bluff and that the site is suitable for the proposed development; d) all enclosed portions of
the proposed structures, including decks and other appurtenances, adhere to the coastal
“stringline” setback requirements; and for the proposed swimming pool, where no
“stringline” opportunity exists to the south, is proposed at or below existing grade, does not
encroach into or penetrate the coastal bluff, and is proposed within an area of existing
improvements (i.e., existing concrete patio and existing basement footprint); e) the project
proposes an attractive architectural design that is well articulated and consistent with other
adjacent homes within the neighborhood; and with exception to the southwest corner of the
existing garage/guest house structure, which is proposed to remain and the subject of a minor
variance, all new additions comply with the applicable side yard setback requirements, and to
the extent feasible along the north elevation, will continue to preserve existing ocean views
from the public street. Decorative iron type view fencing with a ≥50% open design replaces
an existing iron view fence with wide iron slats and a solid stone wall, thus increasing ocean
views from the public street; f) the proposed single-family home, to the extent feasible,
retains the natural features and topography of the site, and all new habitable living area is
stepping further back from the ocean in comparison to the existing residential footprint (i.e.,
the proposed basement footprint moves eastward approximately 21 feet while the main level
moves eastward approximately 12 feet); g) the improved site has been previously graded to
accommodate the existing single-family residence, basement and detached accessory
garage/guest house, and only minor grading for the basement and swimming pool
improvements are proposed; and h) the proposed landscape has been designed to use an
efficient irrigation system and eliminate dry weather flow.
Minor Variance, AV 15-04
5. That because of special circumstances applicable to the subject property, including size, shape,
topography, location or surroundings, the strict application of the zoning ordinance deprives
such property of privileges enjoyed by other property in the vicinity and under identical zoning
classification, in that the subject site is constrained between the street right-of-way and
coastal bluff, and application of both the “stringline” setback requirements for structures and
rear yard amenities combined with a required 20-foot front yard setback, the buildable area
of the site is significantly reduced and an average of less than 18% of the site is considered
developable. Therefore, setbacks applicable to the subject lot results in a significantly smaller
buildable area than that of comparable sized lots. Additionally, other residences within the
immediate neighborhood and along other coastal bluff areas of the city have been developed
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with 10-foot or less front yard setbacks and/or 5-foot or less side yard setbacks, or have
received approval of variances for 10-foot or less front yard setbacks and/or 5-foot or less
side yard setbacks. The requested 12'-6¾" reduced front yard setback for the replacement of
a newly designed front entry courtyard wall with decorative wood gate and iron view fence
greater than forty-two inches in height; and also the 8'-9¾" front yard setback and 4'-4½" side
yard setback for a limited portion of the existing garage/guest house is consistent with that
which was legally constructed in 1959; does not exceed 75% (i.e., 15’-0”) of the required front
yard; does not exceed 75% (i.e., 5’-⅝”) of the required side yard; does not exceed other front
and side yard setback variance requests granted in the same zone and general vicinity, and
would not constitute a special privilege that is not enjoyed by other properties in the general
vicinity and under identical zoning classifications.
6. That the minor variance shall not constitute a grant of special privileges inconsistent with the
limitations upon other properties in the vicinity and zone in which the subject property is
located and is subject to any conditions necessary to assure compliance with this finding, in that
other residences within the immediate neighborhood and along other coastal bluff areas of
the city that have 10-foot or less front yard setbacks and 5-foot or less side yard setbacks, so
the proposed setback reductions will be consistent with the setbacks allowed for other
properties in the same general vicinity and zone; and therefore, would not constitute a special
privilege that is not enjoyed by other properties in the same general vicinity and under the
identical zoning classification.
7. That the minor variance does not authorize a use or activity which is not otherwise expressly
authorized by the zone regulation governing the subject property, in that the proposed design
will result in the remodel of an existing legally constructed garage/guest house and the
replacement of an existing courtyard wall and iron view fence greater than forty-two inches in
height with a newly designed courtyard wall with decorative wood gate and iron view fence
greater than forty-two inches in height, maintaining the current use of the property as a one-
family dwelling while updating the appearance and functionality. The granting of the minor
variance does not authorize a use or activity which is not otherwise expressly authorized by
the zone regulations governing the property.
8. That the minor variance is consistent with the general purpose and intent of the general plan
and any applicable specific or master plans, in that the proposed use will remain as a one-
family dwelling, consistent with the Residential Low-Medium (RLM) Density designation; the
proposed project does not change the use or density of the property as discussed above; no
development is proposed within the Open Space (OS) designated portions of the site reserved
for coastal bluff and beach area below; and the granting of this variance would not be
materially detrimental to the public welfare or injurious to the property or improvements in
the vicinity and zone in which the property is located in that other residences within the
immediate neighborhood and along other coastal bluff areas of the city have been developed
with reduced setbacks.
9. That the minor variance is consistent with and implements the requirements of the certified
local coastal program and that the variance does not reduce or in any manner adversely affect
the protection of coastal resources as specified in the zones included in this title, and that the
variance implements the purposes of zones adopted to implement the local coastal program
land use plan, in that the granting of a minor variance is consistent with and implements the
requirements of the Local Coastal Program, and will not have an adverse effect on coastal
resources as discussed in the project staff report. Furthermore, the project will maintain
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coastal “stringline” limits, building height and lot coverage requirements; will not impact
steep slopes; will continue to preserve ocean views as seen from the public street along the
north property line; and will have no impact on sensitive environmental resources.
California Environmental Quality Act (CEQA):
10. The City Planner has determined that the project belongs to a class of projects that the State
Secretary for Resources has found do not have a significant impact on the environment, and it is
therefore categorically exempt from the requirement for preparation of environmental
documents pursuant to Sections 15301(l), 15303(a), and 15305(a) of the State CEQA
Guidelines. More specifically, CEQA Section 15301(l) – Existing Structures, is a Class 1
exemption that includes demolition and removal of small structures, such as but not limited
to, one single-family residence. Consistent with this section, the project includes the
demolition of one (1) existing single-family residence in preparation for the construction of a
new single-family home along with the remodel of an existing accessory structure consisting
of a two-car garage and guest house. CEQA Section 15303(a) – New Construction or
Conversion of Small Structures, is a Class 3 exemption that includes the construction of one
single-family residence or second dwelling unit in a residential zone. Consistent with the
section, the project is proposing to construct a new single-family residence in place of an
existing single-family residence, which is located on a residentially zoned property (i.e., R-1
Zone). CEQA Section 15305(a) – Minor Alterations in Land Use Limitations, is a Class 5
exemption consisting of minor alterations in land use limitations in areas with an average
slope of less than 20%, which do not result in any changes in land use density, including but
not limited to, minor lot line adjustments, side yard, and setback variances not resulting in
the creation of any new parcels. Consistent with this section, the project is proposing a
setback variance (i.e., 8'-9¾" reduced front yard and a 4'-4½" reduced side yard along the
south side of an existing detached garage/guest house, and a 12'-6¾" reduced front yard
setback for the replacement of a newly designed front entry courtyard wall with decorative
wood gate and iron view fence that is greater than forty-two inches in height) in an area of
the parcel with an average slope of less than 20% and of which does not result in any changes
in land use density. In making this determination, the City Planner has found that the
exceptions listed in Section 15300.2 of the State CEQA Guidelines do not apply to this project.
General
11. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 3 and all City public policies and ordinances. The project
includes elements or has been conditioned to construct or 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; 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. 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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c. The Local Facilities Management fee for Zone 3 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
12. That the project is consistent with the City’s Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
13. 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
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 otherwise specified herein, all conditions shall be satisfied prior to the approval of the
demolition permit, grading permit or building permit whichever occurs first.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the City shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke, or
further condition all certificates of occupancy issued under the authority of approvals herein
granted; record a notice of violation on the property title; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No vested
rights are gained by Developer or a successor in interest by the City’s approval of this Coastal
Development Permit and Minor Variance.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Coastal Development Permit and Minor Variance documents, as
necessary to make them internally consistent and in conformity with the final action on the
project. Development shall occur substantially as shown on the approved Exhibits. Any
proposed development, different from this approval, shall require an amendment to this
approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged,
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.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims and
costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly,
from (a) City’s approval and issuance of this Coastal Development Permit and Minor Variance
(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
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without limitation, any and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions. This obligation survives until all
legal proceedings have been concluded and continues even if the City’s approval is not
validated.
6. Developer shall submit to the Planning Division a reproducible 24” x 36” mylar copy of the Site
Plan reflecting the conditions approved by the final decision-making body.
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 3 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. 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 Coastal Development Permit and Minor Variance by
Resolution No. 7101 on the property. 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.
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 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 construction imposed by Carlsbad Municipal Code Section 5.09.030, and
CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code
Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee
for Zone 3, 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 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 as shown on the approved Final
Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash,
and debris.
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14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape
plan check process on file in the Planning Division and accompanied by the project’s building,
improvement, and grading plans.
15. Approval is granted for CDP 14-05 and AV 15-04 as shown on Exhibits “A” – “II”, dated May 20,
2015, on file in the Planning Division and incorporated herein by reference. Development shall
occur substantially as shown unless otherwise noted in these conditions.
16. Prior to the issuance of a building permit, the owner shall comply with the Coastal Shoreline
Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance), and dedicate a lateral
public access easement with a minimum width of twenty-five feet of dry sandy beach at all
times of the year to the California Coastal Commission or their designee as agreed to with the
California Coastal Commission.
17. The proposed bar area located within the basement level of the proposed single-family home
shall comply with all zoning standards governing “wet bars” as defined in Section 21.04.378.1
of the Carlsbad Municipal Code.
Engineering:
General
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. Developer shall install sight distance corridors at all driveways in accordance with City
Engineering Standards. The property owner shall maintain this condition.
Fees/Agreements
20. 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.
21. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city’s standard form Drainage Hold Harmless Agreement.
22. 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 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 provided by the city engineer.
Grading
23. 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
technical studies/reports for city engineer review, post security and pay all applicable grading
plan review and permit fees per the city’s latest fee schedule.
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24. Developer acknowledges that, pursuant to Order No. R9-2013-0001 issued by the California
Regional Water Quality Control Board, new storm water requirements become effective near
the end of 2015, could affect the design of this project. Prior to construction, Developer shall
demonstrate compliance with latest storm water requirements to the satisfaction of the city
engineer.
25. 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.
26. Developer shall complete and submit to the city engineer a Project Threat Assessment Form
(PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, developer shall also
submit the appropriate Tier level Storm Water Compliance form and 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 applicable SWPPP plan review and
inspection fees per the city’s latest fee schedule.
27. Developer is responsible to ensure that all final design plans (grading plans, landscape plans,
building plans, etc.) incorporate all source control, site design and Low Impact Design (LID)
facilities.
28. Developer shall incorporate measures with this project to comply with Standard Stormwater
Requirements per the city’s Standard Urban Stormwater Management Plan (SUSMP). These
measures include, but are not limited to reducing the use of new impervious surfaces (e.g.:
paving) and designing drainage from impervious surfaces to discharge over pervious areas (e.g.:
turf, landscape areas) all to the satisfaction of the city engineer.
Utilities
29. 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.
30. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
31. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 3 as required by Carlsbad Municipal Code Section 21.90.050.
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32. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050
of the Carlsbad Municipal Code.
33. 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.
34. 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.
35. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village
Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning
Commission’s decision. Pursuant to Carlsbad 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
determination on the appeal prior to any judicial review.
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 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, nor planning, 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 NOTICE similar to this, or as to which the
statute of limitations has previously otherwise expired.
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