HomeMy WebLinkAbout2017-01-18; Planning Commission; Resolution 7222
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING SITE DEVELOPMENT PLAN SDP 16-12 TO
DEMOLISH THREE RESIDENTIAL UNITS AND THE CONSTRUCTION OF A THREE
STORY, 26-UNIT (25 INCOME RESTRICTED AND ONE MANAGER’S UNIT)
APARTMENT BUILDING DESIGNATED FOR VETERANS, INCLUDING
DEVELOPMENT STANDARDS MODIFICATIONS ON PROPERTY GENERALLY
LOCATED AT 3606 HARDING STREET IN LOCAL FACILITIES MANAGEMENT
ZONE 1.
CASE NAME: HARDING VETERANS HOUSING
CASE NO.: SDP 16-12
WHEREAS, Affirmed Housing Group, “Owner/Developer,” has filed a verified application
with the City of Carlsbad regarding property described as
APN: 204-192-05
THE NORTHWESTERLY 63.44 FEET OF THE SOUTHEASTERLY 95.15 FEET
OF LOT 4 IN BLOCK “B” OF THE RESUBDIVISION OF A PORTION OF ALLES
AVOCADO ACRES, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2027, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY
17, 1927.
APN: 204-192-06
LOT 3, EXCEPTING THEREFROM THE SOUTHEASTERLY 68.27 FEET
THEREOF, AND SOUTHEASTERLY 31.71 FEET OF LOT 4, ALL IN BLOCK “B”
OF THE SUBDIVISION OF A PORTION OF ALLES AVOCADO ACRES, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THERE NO. 2027, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 17, 1927
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development Plan as
shown on Exhibits “A” – “T” dated January 18, 2017, on file in the Planning Division, HARDING VETERANS
HOUSING – SDP 16-12 as provided by Chapter 21.06 and Section 21.53.120 of the Carlsbad Municipal
Code; and
WHEREAS, the Planning Commission did, on January 18, 2017 , hold a duly noticed public
hearing as prescribed by law to consider said request; and
PLANNING COMMISSION RESOLUTION NO. 7222
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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 Site Development.
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 HARDING VETERANS HOUSING – SDP 16-12 based on the following findings
and subject to the following conditions:
Findings:
1. 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
January 18, 2017 including, but not limited to the following:
a. Goal 2-G.3: Promote infill development that makes efficient use of limited land supply,
while ensuring compatibility and integration with existing uses. Ensure that infill
properties develop with uses and development intensities supporting a cohesive
development pattern. The applicant is proposing to redevelop an infill site that is
underutilized as it relates to density. The proposed three-story building will be adjacent
to an existing three story building and will provide a buffer between the freeway and
single-family residential uses to the west.
b. Goal 10-G.3: Sufficient new, affordable housing opportunities in all quadrants of the city
to meet the needs of current lower and moderate income households and those with
special needs, and a fair share proportion of future lower and moderate income
households. The proposed project will provide 25 affordable housing units dedicated
to persons who are in the very low to extremely low income level bracket for the San
Diego County area median income level.
c. Policy 10-P.19: Adhere to City Council Policy Statement 43 when considering allocation
of “excess dwelling unit” for the purpose of allowing development to exceed the Growth
Management Control Point (GMCP) density, as discussed in Section 10.3 (Resources
Available). With limited exception, the allocation of excess dwelling units will require
provision of housing affordable to lower income households. The 26-unit apartment
project will have housing units available to very low and extremely low income
households. Furthermore, the project site is located in an area that is in close proximity
to public transit, employment opportunities and commercial support services.
d. Policy 6-P.28: Encourage physical planning and community design practices that deter
crime and promote safety. The project has been designed to prevent crime and has
incorporated design review recommendations from the Police Department. For
example the courtyard common area is located in an area that provides maximum
surveillance from windows and balconies of the units on the second and third floors.
Additionally, the parking area will be gated and secured 24 hours a day.
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e. Goal 5-G.2: Ensure that new development is compatible with the noise environment, by
continuing to use potential noise exposure as a criterion in land use planning. Policy 5.P.2:
Require a noise study analysis be conducted for all discretionary development proposals
located where projected noise exposure would be other than “normally acceptable.” A
noise study was prepared by Ldn Consulting Inc. (May 5, 2016) and determined that a
Sound Transmission Class (STC) rating of 39 will be needed for the glass window
assemblies and a STC rating of 34 for all glass door assemblies adjacent to Interstate 5
to reduce the interior noise levels below 45 dBA CNEL. The remainder of the units, set
back from the freeway, will need glass assemblies having an STC rating of 36. Necessary
noise mitigation measure are required and included as a condition of approval.
f. Policy 3-P.5: Require developers to construct or pay their fair share towards
improvements for all travel modes consistent with the Mobility Element, the Growth
Management Plan, and specific impacts associated with their development. The
applicant will be required to pay traffic impact fees prior to issuance of building permit
that will go towards future road improvements.
2. That the requested development or use is properly related to the site, surroundings and
environmental settings, is consistent with various elements and objectives of the General Plan,
will not be detrimental to existing development or uses or to development or uses specifically
permitted in the area in which the proposed development or use is to be located, and will not
adversely impact the site, surroundings or traffic circulation, in that the project site is located
within an urbanized area and involves the redevelopment of a flat infill lot which is located in
close proximity to commercial/retail services, professional offices, social and community
services, and public transportation. The proposed 26-unit multi-family residential use will not
be detrimental to existing uses or to uses specifically permitted in the area in which the use is
located in that multi-family residential is a use permitted within the Residential-Density
Multiple (RD-M) Zone and is compatible with other residential uses surrounding the project site.
The project exceeds the density permitted by the Growth Management Control Point for the R-
30 General Plan Land Use designation by 12.5 units, however, the project satisfies the criteria
set forth in Chapter 21.53 and City Council Policy No. 43 for allowing a density increase in that
the project will be income restricted to very low and extremely low income households.
3. That the site for the intended development or use is adequate in size and shape to accommodate
the use, in that the 26-unit apartment project complies with all of the minimum development
standards of the Residential-Density Multiple (RD-M) Zone and Carlsbad Municipal Code, except
for a requested development standards modification to allow parking in the front yard setback
and for a reduction in the required number of parking spaces. Justification for allowing the
development standards modification is further discussed in finding number six of this
resolution.
4. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the
requested development or use to existing or permitted future development or use in the
neighborhood will be provided and maintained, in that the 26-unit apartment project complies
with all of the minimum development standards of the Residential-Density-Multiple (RD-M)
Zone and the Carlsbad Municipal Code, except for a requested development standards
modification to allow parking in the front yard setback and for a reduction in the required
number of parking spaces. Justification for allowing the development standards modification
is further discussed in finding number six of this resolution. Landscaping throughout the project
site will be provided consistent with the requirements of the city’s Landscape Manual. In
addition to the above, existing privacy fences will be maintained or replaced consistent with
the development standards in the zoning ordinance.
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5. That the street systems serving the proposed development or use is adequate to properly handle
all traffic generated by the proposed use, in that the 26-unit apartment project will take access
off of Harding Street, which is identified as a Village Street in the Mobility Element of the city’s
General Plan. Harding Street is designed to adequately handle the 156 Average Daily Trips (ADT)
generated by the project. Harding Street is already fully improved with pavement, curb, gutter
and sidewalk. The project will reconstruct portions of the curb, gutter and sidewalk along the
project frontages due to the new driveway entrances.
6. That with the application of the development standards modifications, the site is physically
suitable for the type and density of the development since the site is adequate in size and shape
to accommodate residential development at the density proposed. Development standards
modifications are appropriate for the site in that:
a. An increase in the allowed density from 30 dwelling units per acres to 48 dwelling units
is necessary to make the project financially feasible for the developer as the units will
be subsidized in order to allow for households that meet the very low and extremely
low income levels to live within the proposed project. The site is an appropriate
location for this type of development and density as it is in close proximity to
commercial/retail, professional offices, social and community services, and public
transportation.
b. The proposal to allow a standard and accessible parking space to be located within the
front yard setback is supported in order to meet American with Disabilities Act (ADA)
requirements. One accessible parking space must be provided onsite for access to the
office and lobby. The parking garage will not be accessible to visitors because the
security gate will be closed 24 hours a day. The standard parking space allows visitors
who aren’t using the accessible parking space to park off-street when visiting the office
or residents.
c. The proposal to reduce the required parking spaces from 49 to 24 is supported by the
parking study prepared by Kimley-Horn (August 26, 2016). The development will serve
homeless veterans and veterans in the very low to extremely low income bracket.
These population groups are less likely to have access to a vehicle for economic reasons.
Field observations of affordable housing sites in the area with similar access to goods
and services show a reduced need for parking compared to market rate residential
developments. Based on these observations, Kimley-Horn suggests a parking ratio of
0.5 space per studio/one bedroom unit, and 1 space per unit for two and three bedroom
units. This recommendation would require 17 parking spaces for the proposed
affordable apartment project.
7. That the proposed project helps achieve the city’s affordable housing goals as set forth in the
Housing Element of the General Plan by providing an affordable apartment project with 100%
of the units designated as affordable to very low and extremely low income households. Per
the Regional Housing Needs Assessment (RHNA), the City of Carlsbad is expected to produce
912 housing units for very low income households for the reporting period of January 1, 2010
to December 31, 2020. As of the latest Housing Element Progress Report for 2015, 35 units for
very low income households have been permitted with 877 units remaining. The proposed 26-
unit affordable apartment project will reduce the amount of remaining units and help the city
achieve its affordable housing goals.
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8. That the Housing Policy Team has reviewed the applicant’s pro forma and has recommended
that the density increase is necessary to make the project feasible and to allow the project to
be developed to satisfy the City’s need to provide housing which is affordable to very low and
extremely low income households.
City Council Policy 43, Allocation for Excess Dwelling Units
9. That the project location and density are compatible with the existing adjacent residential
neighborhoods and/or nearby existing or planned uses in that the project includes a request for
an increase in the allowed density from 30 dwelling units per acre to 48 dwelling units per acre
pursuant to CMC Chapter 21.53.120. The project meets all applicable findings required of the
proposed density increase. Surrounding land uses include a three-story, 50 unit affordable
senior condominium building to the north, Interstate 5 to the east, two residential units on the
property to the south, and single-family residential across Harding Street to the west. The
proposed three-story 26 unit apartment project is compatible with the surrounding land uses.
10. That the project location and density are in accordance with the applicable provisions of the
General Plan and any other applicable planning document, in that dense residential uses are
encouraged in the Barrio in the Housing Element of the General Plan because of the connection
to commercial services in the Village, as well as easy access to nearby public transit services and
Interstate 5. The site is identified in Figure 10-1 of the General Plan as an underutilized site for
lower and moderate income housing. The requested increase in allowed density is consistent
with the provisions of CMC Chapter 21.53.120.
11. That there are an adequate number of units in the Excess Dwelling Unit Bank to remove 12.5
units. Per the city’s most recent Quadrant Dwelling Unit Report in November of 2016, 564 units
remain available for allocation in the Village.
General
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 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 exempt from the requirement for preparation of environmental documents pursuant
to Section 15194 of the State CEQA Guidelines as an affordable housing project. In making this
determination, the City Planner has found that the criteria listed in Section 15192 of the State
CEQA Guidelines have been met.
14. 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 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 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 Site Development Plan.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Site Development Plan 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 Site Development Plan, (b) City’s approval or issuance
of any permit or action, whether discretionary or nondiscretionary, in connection with the use
contemplated herein, and (c) Developer/Operator’s installation and operation of the facility
permitted hereby, including without limitation, any and all liabilities arising from the emission by
the facility of electromagnetic fields or other energy waves or emissions. This obligation survives
until all legal proceedings have been concluded and continues even if the City’s approval is not
validated.
6. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever
occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Site Plan,
conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final
decision making body. The copy shall be submitted to the city planner, reviewed and, if found
acceptable, signed by the city's project planner and project engineer. If no changes were required,
the approved exhibits shall fulfill this condition.
7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from the Carlsbad Unified School District that this project has satisfied its obligation to
provide school facilities.
8. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
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9. This approval shall become null and void if building permits are not issued for this project within
24 months from the date of project approval.
10. Building permits will not be issued for this project unless the local agency providing water and
sewer services to the project provides written certification to the City that adequate water service
and sewer facilities, respectively, are available to the project at the time of the application for the
building permit, and that water and sewer capacity and facilities will continue to be available until
the time of occupancy.
11. 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
1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If
the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall
become void.
12. Prior to the issuance of the building permit, 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 Site
Development Plan by Resolutions No. 7222 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.
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 and irrigation as shown on the
approved Final plans. All landscaping shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum
amount of water to the landscape for plant growth without causing soil erosion and runoff.
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. 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
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 approval will not be consistent with the General Plan and shall
become void.
16. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in substance
as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of
Community Development and Planning.
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17. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so
required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner of
an Outdoor Storage Plan, and thereafter comply with the approved plan.
18. Developer shall submit and obtain City Planner approval of an exterior lighting plan including
parking areas. All lighting shall be designed to reflect downward and avoid any impacts on
adjacent homes or property.
19. Developer shall report, in writing, to the City Planner within 30 days, any address change from
that which is shown on the permit application.
20. Prior to the issuance of building permits for any units, the Developer shall enter into an Affordable
Housing Agreement with the City to provide and deed restrict 25 dwelling units as affordable to
lower-income households for 55 years, in accordance with the requirements and process set forth
in Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable Housing Agreement shall
be submitted to the City Planner no later than 60 days prior to the request to final the map. The
recorded Affordable Housing Agreement shall be binding on all future owners and successors in
interest.
21. The glass assemblies in the units adjacent to Interstate 5 shall have an STC rating of 36 to reduce
interior noise levels below 45 dBA CNEL. The remainder of the units setback from the freeway
shall have glass assemblies with an STC rating of 31.
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 proposed
haul route.
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.
24. Developer shall include rain gutters on the building plans subject to the city engineer’s review
and approval. Developer shall install rain gutters in accordance with said plans.
25. The developer shall complete processing of a lot line adjustment between a portion of lot 4 (APN:
204-192-05) and a portion of lot 3 (APN: 204-192-06) to merge said lots as shown on the site
plan.
26. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards. The property owner shall maintain this condition.
27. Prior to issuance of a grading permit, the developer shall obtain written approval from Caltrans
for any work, including but not limited to grading, landscaping and irrigation, storm drain and
storm water quality facilities, proposed within the Caltrans temporary construction easement
located at the rear of the lot.
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Fees/Agreements
28. 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.
29. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city’s standard form Drainage Hold Harmless Agreement.
30. Developer shall cause property owner to submit an executed copy to the city engineer for
recordation a city standard Permanent Stormwater Quality Best Management Practice
Maintenance Agreement.
31. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for
recordation, an Encroachment Agreement covering private storm drain located over existing
public right-of-way for Harding Street as shown on the site plan. Developer shall pay processing
fees per the city’s latest fee schedule.
32. Prior to approval of a grading permit or any 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
33. 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 as required by city engineer, post security and pay all applicable grading
plan review and permit fees per the city’s latest fee schedule.
Storm Water Quality
34. 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.
35. Developer shall complete and submit to the city engineer a Determination of Project’s SWPPP Tier
Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer shall
also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level
Storm Water Pollution Prevention Plan (SWPPP) to the satisfaction of the city engineer.
Developer shall pay all applicable SWPPP plan review and inspection fees per the city’s latest fee
schedule.
36. This project is subject to ‘Priority Development Project’ requirements. Developer shall prepare
and process a Storm Water Quality Management Plan (SWQMP), subject to city engineer
approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP
required by this condition shall be reviewed and approved by the city engineer with final grading
plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city’s
latest fee schedule.
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37. Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
landscape plans, building plans, etc.) incorporate all source control, site design, pollutant control
BMP and applicable hydromodification measures.
Dedications/Improvements
38. Developer shall design the private drainage systems, as shown on the site plan to the satisfaction
of the city engineer. All private drainage systems (12” diameter storm drain and larger) shall be
inspected by the city. Developer shall pay the standard improvement plan check and inspection
fees for private drainage systems.
39. 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.
Developer shall pay plan check and inspection fees using improvement valuations in 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.
Utilities
40. Developer shall install potable water and/or recycled water services and meters at locations
approved by the district engineer. The locations of said services shall be reflected on the grading
plan or public improvement plans.
41. The developer shall agree to install sewer laterals and clean-outs at locations approved by the city
engineer. The locations of sewer laterals shall be reflected on the grading plan or public
improvement plans.
42. The developer shall design and agree to construct public water, sewer, and recycled water
facilities substantially as shown on the site plan to the satisfaction of the district engineer and city
engineer.
Code Reminders
The project is subject to all application provision of local ordinances, including, but not limited to the
following:
43. 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.
44. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section
13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and
floor area contained in the staff report and shown on the site plan are for planning purposes only.
45. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
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46. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 1 as required by Carlsbad Municipal Code Section 21.90.050.
47. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050
of the Carlsbad Municipal Code.
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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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