HomeMy WebLinkAboutSDP 2018-0023; CARLSBAD OAKS LOT 4; Admin Decision Letter~\~ ~-S·lq
8 FILE COPY Ccityof
Carlsbad
February 1, 2019
Peter Bussett
Smith Consulting Architects
Unit# 125
13280 Evening Creek Drive,
San Diego, CA 92128
SUBJECT: SDP 2018-0023 IDEV2018-0203) CARLSBAD OAKS LOT 4 -Request for approval of a
Minor Site Development Plan (SDP 2018-0023) for the development of a light industrial
shell building totaling 50,150 square feet. Future uses include manufacturing, research
and development, warehousing, and associated offices. The subject 5.98-acre property
is located at the northeast corner of Caribou Court and Whiptail Loop West. The property
is identified as Lot 4 (APN 209-120-03) of the Carlsbad Oaks North Specific Plan, SP 211(C),
in the Planned Industrial (P-M) Zone and Local Facilities Management Zone 16.
Dear Mr. Bussett,
The City Planner has completed a review of your application for a Minor Site Development Plan 2018-
0023 for Lot 4 of the Carlsbad Oaks North Specific Plan, SP 211(C). After careful consideration of the
circumstances surrounding this request, the City Planner has made a decision pursuant to Section
21.06.070 of the City of Carlsbad Municipal Code to APPROVE this request based on the following findings
and subject to the conditions listed below.
Findings:
1. That the proposed development or use is consistent with the General Plan and any applicable
master plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the
Carlsbad Municipal Code, and all other applicable provisions of this code in that the project
consists of the development of a light industrial shell building totaling 50,150 square feet on a
5.98-acre, previously-graded site identified as Lot 4 of the Carlsbad Oaks North Specific Plan, SP
211{C). The building measures 35 feet in height, with allowable mechanical equipment
screening protrusions. Future uses include manufacturing, research and development,
warehousing, and associated offices. Surface parking for 126 vehicles (124 required) will be
provided along with a 3,028-square-foot outdoor employee eating area. Perimeter and parking
lot landscaping, retaining walls up to six {6) feet in height, drainage facilities and other ancillary
improvements are also proposed. The proposed manufacturing, research and development,
warehouse, and associated office uses are consistent with the Planned Industrial (Pl) General
Plan Land Use designation and are permitted uses within the Planned Industrial {P-M) zoning
designation for the site. All roadways and improvements necessary to serve the development
exist, and no additional improvements are required. The project is located outside the 60 dBA
CNEL noise contour of the McClellan-Palomar Airport. Furthermore, the project complies with
Community & Economic Development
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov
SDP 2018-0023 (DEV2018-0203) -CARipBAD OAKS LOT 4
February 1, 2019
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the City of Carlsbad Climate Action Plan (CAP) in that it proposes to emit 693 metric tons of
carbon dioxide equivalent (MT CO,E) annually, which is below the City's 900 MT CO,E threshold.
2. That the requested development or use is properly related to the site, surroundings and
environmental settings, 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 50,150 square-foot light industrial project has been designed to comply with all applicable
development standards included in the Carlsbad Oaks North Specific Plan and Planned
Industrial {P-M) zoning district, as well as mitigation measures contained in EIR 98-08. The
project will not adversely impact the site, surroundings, or traffic circulation in that the existing
surrounding streets, which are fully improved, have adequate capacity to accommodate the 279
Average Daily Trips (ADTs) generated by the project. In addition, the internal traffic circulation
complies with Fire Department and Land Development Engineering requirements.
3. That the site for the intended development or use is adequate in size and shape to accommodate
the use; in that the project complies with all development standards of the Carlsbad Oaks North
Specific Plan's DevelopmentStandards and Design Guidelines and the Planned Industrial (P-M)
zoning district (Chapter 21.34 of the Carlsbad Municipal Code), including setbacks, building
coverage, employee eating areas, landscaping, parking, and height restrictions.
4. That all of the 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 proposed light industrial building,
surface parking, employee eating area, perimeter and parking lot landscape, drainage facilities
and other ancillary improvements fit within the developable area. All applicable development
standards of the Carlsbad Oaks North Specific Plan Development Standards and Design
Guidelines and the Planned Industrial (P-M) zoning district have been met. Adequate vehicle
circulation has been provided to accommodate truck turning movements and emergency
vehicle access. Access to the site will be provided via a driveway located on Caribou Court. A
pedestrian connection to the existing sidewalk on Caribou Court will be provided via a sidewalk
along the westerly side of the driveway.
5. That the street system serving the proposed development or use is adequate to properly handle
all traffic generated by the proposed use; in that the proposed light industrial uses are consistent
with the uses analyzed in the circulation analysis prepared for the Final Environmental Impact
Report (EIR 98-08) for the Carlsbad Oaks North Specific Plan. The existing surrounding streets,
which are fully improved, have adequate capacity to accommodate the 279 ADTs generated by
the project.
6. That the City Planner finds that the project, as conditioned herein, is in conformance with the
Elements of the city's General Plan and the Carlsbad Oaks North Specific Plan, in that the
proposed light industrial office use is consistent with the Planned Industrial (Pl) General Plan
Land Use and Planned Industrial (P-M) Zoning designations for the site; meets all applicable
development standards of the Planned Industrial (P-M) zoning district and the Carlsbad Oaks
North Specific Plan; all roadways and improvements necessary to serve the development exist,
and no additional improvements are required; and the project is located outside the 60 dB(A)
CNEL noise contour of the McClellan-Palomar Airport.
SDP 2018-0023 (DEV2018-0203) -CARLSBAD OAKS LOT 4
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7. That the project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 16 and all city public facility policies and ordinances. The
project includes elements or has been conditioned to construct or provide funding to ensure that
all facilities and 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.
c. The Local Facilities Management fee for Zone 16 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
d. A growth management park fee of $0.40 per square foot of non-residential development
will be collected at the time of building permit issuance. This fee will be used to construct
recreational facilities to offset demand created by employees within local Facilities
Management Zone 16.
8. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
9. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan-
Palomar Airport (ALUCP), adopted January 25, 2010 and amended March 4, 2010, in that neither
the structure nor any protrusion will exceed a total elevation of 548 feet above mean sea level
within the airport influence area, and thus will not create any obstructions of navigable air
space. In addition, the project is compatible with the projected noise levels of the ALUCP in
that the property is not located within any noise contours greater than 60 db(A) CNEL. The
project is located within the boundaries of Safety Zones 4 and 6 of the ALUCP Safety
Compatibility Map, which permit manufacturing, research and development, warehouse, and
associated office uses. The proposed structure is located entirely within the Safety Zone 6
portion of the property, which has no intensity restrictions. The ALUCP identifies
manufacturing, research and development, and warehouse uses within Safety Zone 6 as
"compatible." Within Safety Zone 4, the proposed uses are identified as "conditionally
compatible." However, no development other than landscaping and parking is proposed on the
portion of the lot within Safety Zone 4.
10. The City Planner has determined that:
a. The project is a subsequent activity of the Carlsbad Oaks North Specific Plan, SP 211(C), a
project for which a program EIR was prepared, and this activity is within the scope of the
program approved earlier, and that the program EIR adequately describes the activity for the
purposes of CEQA); [15168(c)(2) and (e)]; and
b. This project is consistent with the Specific Plan cited above; and
SDP 2018-0023 (DEV2018-0203) -CARLSBAD OAKS LOT 4
February 1, 2019
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c. The Carlsbad Oaks North Specific Plan Final EIR 98-08 was certified by the City Council on
October 8, 2002 in connection wit,h the prior project or plan; and
d. The project is consistent with the Climate Action Plan (CAP) in that it proposes to emit 693
metric tons of carbon dioxide equivalent (MT C02E) annually, which is below the City's 900
MT COzE threshold.
e. The project has no new significant environmental effect not analyzed as significant in the prior
EIR; and
f. None of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA
Guidelines Sections 15162 or 15163 exist; and
g. All feasible mitigation measures or project alternatives identified in the EIR 98-08, which are
appropriate to this Subsequent Project, have been completed, incorporated into the project
design or are required as conditions of approval for this Subsequent Project.
11. The City Planner has reviewed each of the exactions imposed on the Developer contained in this
approval letter, 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 approval of a grading
or building permit, whichever comes first.
1. Approval is granted for SOP 2018-0023 as shown on Exhibits "A" -"AA" dated February 1, 2019
on file in the Planning Division and incorporated herein by reference. Development shall occur
substantially as shown unless otherwise noted in these conditions.
2. 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 Minor Site Development
Plan.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Minor 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.
4. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
SOP 2018-0023 (DEV2018-0203) -CARLSBAD OAKS LOT 4
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5. If any condition for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged,
this approval shall be suspended as provided in Government Code Section 66020. If any such
condition is determined to be invalid, this approval shall be invalid unless the City Council
determines that the project without the condition complies with all requirements of law.
6. Developer shall implement, or cause the implementation of, the Carlsbad Oaks North Specific
Plan Mitigation Monitoring and Reporting Program (EIR 98-08) and the performance standards
of the Carlsbad Oaks North Specific Plan (page 111-29).
7. Developer shall submit and obtain City Planner approval of an exterior lighting plan including
parking areas. All outdoor lighting shall be designed to reflect downward and avoid any impacts
on adjacent property. Specifically, lighting shall be directed away from open space lots
surrounding the industrial lots to the maximum extent feasible. Energy efficient parking lot
lights shall be required. When warranted, the lights should be used in conjunction with cut-off
shields (fully shielded/full cutoff lighting). Such shields shall eliminate the horizontal and
upward projection of light and direct the light downward, eliminating excess illumination.
8. 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 Minor 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.
9. 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.
10. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 16 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits, including, but not limited to the following:
a. A growth management park fee of $0.40 per square foot of non-residential development
will be collected at the time of building permit issuance. This fee will be used to construct
recreational facilities to offset demand created by employees within Local Facilities
Management Zone 16.
11. Developer shall report, in writing, to the City Planner within 30 days, any address change from
that which is shown on the permit application.
12. 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.
SDP 2018-0023 (DEV2018-0203) -CARLSBAD OAKS LOT 4
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13. Building permits will not be issued for this project unless th.e 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.
14. Prior to the issuance of the grading permit, Developer shall submit to the city a Notice of
Restriction 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 Minor Site Development Plan 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 ~ause by the Developer or
successor in interest.
15. 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, subject to necessary corrections noted on the Preliminary Landscape
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.
16. 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.
17. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high
masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code
Chapter 21.105. Location of said receptacles shall be approved by the City Planner. Enclosure
shall be of similar colors and/or materials to the project to the satisfaction of the City Planner.
18. 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.
19. 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 and Economic Development Department and Planning.
20. Compact parking spaces shall be located in large groups, and in locations clearly marked to the
satisfaction of the City Planner.
21. All required employee eating area(s) shall be provided outdoors. Prior to issuance of a grading
permit, the grading plan and final landscape plans shall be revised to demonstrate compliance
to the satisfaction of the City Planner.
SDP 2018-0023 (DEV2018-0203) -CARLSBAD OAKS LOT 4
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Engineering:
General
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 install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards. The property owner shall maintain this condition.
Fees/ Agreements
25. 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.
26. Developer shall cause property owner to execute and submit to the City Engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
27. 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.
28. Prior to issuance of any permit, the developer shall comply with the city's Transportation Demand
Management requirements to the satisfaction of the City Engineer.
Grading
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
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.
Storm Water Quality
30. 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.
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31. Prior to the issuance of grading permit or building permit, whichever occurs first, 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 Carlsbad 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.
32. 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.
33. 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, treatment control
BMP, applicable hydromodification measures, and Low Impact Design (LID) facilities.
Dedications/Improvements
34. Developer shall design all proposed public improvements including but not limited to pedestrian
ramps, driveways, water services/meters, etc. as shown on site plans. These improvements shall
be shown on the grading plans processed in conjunction with this project to the satisfaction of
the City Engineer.
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.
35. 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.
36. 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
37. Developer shall meet with the fire marshal to determine fire protection mea~ures (fire services,
fire flows, fire hydrants and building sprinklers) required to serve the project. On-site fire
hydrants shall be served by private on-site fire water main designed to the satisfaction of the Fire
Marshal.
38. Developer shall design and agree to construct public facilities within public right-of-way or within
easement granted to the district or the City of Carlsbad. At the discretion of the district or City
Engineer, wider easements may be required for adequate maintenance, access and/or joint utility
purposes.
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39. Prior to issuance ·of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
40. The developer shall design landscape and irrigation plans utilizing recycled water as a source and
prepare and submit a colored recycled water use map to the Planning Department for processing
and approval by the district engineer.
41. Developer shall install potable water and/or recycled water services and meters at locations
approved by the district engineer. The locations of said services shall be reflected on public
improvement plans.
42. The developer shall agree to install sewer laterals and clean-outs at locations approved by the
City Engineer. The locations of sewer laterals shall be reflected on public improvement plans.
43. 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:
44. 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,
including but not limited to California Fire Code, 2013 edition and Title 19, California Code of
Regulations, except as otherwise specifically provided herein.
45. 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.
46. 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 shown on the site plan are for planning purposes only.
47. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
48. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of
the Carlsbad Municipal Code.
49. The project shall comply with the latest nonresidential disabled access requirements pursuant to
Title 24 of the California Building Code.
SO. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 17.04.320.
51. Any signs proposed for this development shall at a minimum be designed in conformance with
the city's Sign Ordinanc.e and shall require review and approval of the City Planner prior to
installation of such signs.
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SDP 2018-0023 (DEV2018-0203) -CARLSBAD OAKS LOT 4
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NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."
You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and
file the protest and any other required information with the City Manager for processing in accordance
with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any
subsequent legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges, 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.
This decision may be appealed by you or any other member of the public to the Planning Commission
within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division
at 163S Faraday Avenue in Carlsbad, along with a payment of $876.00. The filing of such appeal within
such time limit shall stay the effective date of the order of the City Planner until such time as a final
decision on the appeal is reached. If you have any questions regarding this matter, please feel free to
contact Esteban Danna at 760-602-4629.
Sincerely,
£__-~-
TERI DELCAMP
Principal Planner
TD:ED:dh
c: Victory Carlsbad Oaks Innovation Center LP, PO Box 3111, La Jolla, CA 92038
Tecla Levy, Project Engineer
Don Neu, City Planner
HPRM/File Copy