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HomeMy WebLinkAbout2018-11-07; Planning Commission; ; CDP 2018-0019 (DEV 2018-0032) – SNYDER RESIDENCEItem No. Application complete date: September 7, 2018 P.C. AGENDA OF:November 7, 2018 Project Planner: Chris Sexton Project Engineer: Tim Carroll SUBJECT: CDP 2018-0019 (DEV 2018-0032) – SNYDER RESIDENCE – Request for approval of a Coastal Development Permit (CDP) to allow for construction of a new 3,380-square-foot two-story single-family residence with a 672-square-foot attached 3-car garage and an existing detached 600-square-foot garage to remain within the Mello II Segment of the city’s Local Coastal Program located at 1781 Skimmer Court within Local Facilities Management Zone 21. The project site is not within the appealable area of the California Coastal Commission. 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 the preparation of environmental documents pursuant to Section 15303 (a), construction of a single-family residence, of the state CEQA Guidelines. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7314 APPROVING Coastal Development Permit CDP 2018-0019, based upon the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND Project Site/Setting: The 0.96 acre (42,253 square feet [net acreage]) project site is located at the terminus of Skimmer Court, more specifically, 1781 Skimmer Court, as shown on the attached location map. The site topography is relatively flat at the front of the parcel and slopes up at the rear of the parcel that abuts El Camino Real and Poinsettia Lane. The site was previously developed with a one-story single- family residence constructed in 1966 and a detached 600-square-foot two-car garage constructed in 2002. The single-family residence was destroyed in the 2014 Poinsettia Fire; however, the detached two-car garage remains intact and will not be demolished. Due to economic issues, the previous property owner was not able to rebuild the single-family residence. Section 30610(g)(1) of the California Coastal Act exempts from a CDP the replacement of any structure, other than a public works facility, destroyed by a disaster under specific circumstances. The circumstances are that the replacement structure shall conform to applicable existing zoning requirements, shall be for the same use as the destroyed structure, shall not exceed either the floor area, height, or bulk of the destroyed structure by more than 10 percent, and shall be sited in the same location on the affected property as the destroyed structure. The single-family residence is proposing more than 10 percent change in height as the single-family residence was one story and the proposed single-family residence is two stories. Additionally, more than 10% of floor area is being increased as the single-family residence was 1,638 square-feet and 3,380-square-feet is being proposed. Therefore, the exemption does not apply and a CDP is required. Existing frontage improvements include a paved road, curb, gutter and sidewalk. 1 CDP 2018-0019 (DEV2018-0032) – SNYDER RESIDENCE November 7, 2018 Page 2 Table “A” below includes the General Plan Land Use designations, zoning and current land uses of the project site and surrounding properties. TABLE A Location General Plan Designation Zoning Current Land Use Site R-8 R-1 Detached Garage North Open Space Open Space Open Space South R-4 R-1-Q Single-Family Home East Open Space Open Space El Camino Real West R-4 R-1 Single-Family Home Proposed Residential Construction: The proposed project consists of the construction of a new 3,380- square-foot two-story single-family residence with an attached 672-square-foot three-car garage. The proposed residence consists of a 1,758-square-foot first story, 1656-square-foot second story, and 672- square-foot attached three-car garage. The design also includes a 180-square-foot deck off the second- floor family room. The proposed project offers a contemporary Spanish-style aesthetic which is complementary to the surrounding neighborhood. The contemporary Spanish-style residence features off-white stucco, walls and window trim, glass deck railings and a concrete Spanish tile roof. Proposed Grading: Estimated grading quantities are 175 cubic yards (cy) of fill and 175 cy of cut. There will also be 200 cy of import to replace 200 cy of debris and concrete to be exported from the site. A grading permit is required for the project. III. ANALYSIS The project is subject to the following regulations and requirements: A. R-8 Residential General Plan Land Use Designation; B. One-Family Residential Zone (R-1, CMC Chapter 21.10); C. Coastal Development Regulations for the Mello II Segment of the Local Coastal Program (CMC Chapter 21.201) and Chapter 21.203 (Coastal Resource Protection Overlay Zone); D. Inclusionary Housing Ordinance (CMC Chapter 21.85); and E. Growth Management (CMC Chapter 21.90). The recommendation for approval of this project was developed by analyzing the project’s consistency with the applicable city regulations and policies. The project’s compliance with each of the above regulations is discussed in detail in the sections below. A. General Plan Land Use Designation The project site has a General Plan Land Use designation of R-8 Residential which allows for the development of one-family and multiple-family residences at a density of 4-8 dwelling units per acre (du/ac) with a Growth Management Control Point (GMCP) of 6 dwelling units per acre. The project’s density (1 du/ac) is below the range of the R-8 General Plan Land Use designation. However, one single- family dwelling is permitted to be constructed on a legal lot that existed as of October 28, 2004, pursuant to General Plan Residential Land Use Policy 2-P.7. The subject lot was legally created prior to October 28, 2004; therefore, development of a one-family dwelling is consistent with the R-8 General Plan Land Use designation. CDP 2018-0019 (DEV2018-0032) – SNYDER RESIDENCE November 7, 2018 Page 3 B. One-Family Residential Zone (R-1) The project is required to comply with all applicable regulations and development standards of the Carlsbad Municipal Code (CMC) including the One-Family Residential (R-1) zone (CMC Chapter 21.10). Table “B” below shows how the project complies with the applicable requirements of the R-1 zone. TABLE B – R-1 ZONE DEVELOPMENT STANDARDS STANDARD REQUIRED PROPOSED COMPLY Front Yard Setback 20’ minimum 37’ Yes Side Yard Setback 10’ minimum 31’, 20’ Yes Rear Yard Setback 20’ minimum 335’ Yes Lot Coverage 40 percent maximum 7.7% Yes Parking Two-car garage (20’ x 20’) Three-car garage Yes C. Conformance with the Coastal Development Regulations for the Mello II Segment of the Local Coastal Program (CMC Chapter 21.201) and the Coastal Resource Protection Overlay Zone (CMC Chapter 21.203). The project site is located within the Mello II Segment of the Local Coastal Program and is not within the appeals jurisdiction. The site is also located within and subject to the Coastal Resource Protection Overlay Zone. The project’s compliance with each of these programs and ordinances is discussed below: 1. Mello II Segment of the Certified Local Coastal Program and all applicable policies. The subject site has a Local Coastal Program (LCP) Land Use Plan designation of R-8 Residential, which allows for a density of 4 to 8 du/acre and 6 du/acre at the Growth Management Control Point (GMCP). At the R-8 GMCP, 6 dwelling units would be permitted on this 0.96 acre (net developable) property. However, one single-family dwelling is permitted to be constructed on a legal lot that existed as of October 28, 2004, pursuant to General Plan Residential Land Use Policy 2-P.7. The subject lot was legally created prior to October 28, 2004, and was already developed with a residence. Therefore, the proposed new single-family residence is consistent with the R-8 LCP Land Use Plan designation. The project consists of the construction of a new 3,380-square-foot single-family residence with an attached 672-square-foot three-car garage in an area designated for one-family residential development. The proposed two-story residence is compatible with the surrounding development of one- to two-story residential structures. The two-story residence will not obstruct views of the coastline as seen from public lands or the public right-of-way, nor otherwise damage the visual beauty of the coastal zone. Furthermore, no agricultural uses exist on the site, nor are there any sensitive resources located on the previously-developed site. The proposed single-family residence is not located in an area of known geologic instability or flood hazard. Given that the site does not have any frontage along the coastline, no public opportunities for coastal shoreline access or water-oriented recreational activities are available. 2. Coastal Resource Protection Overlay Zone The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (CMC 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, BMP Design Manual and Jurisdictional Runoff Management CDP 2018-0019 (DEV2018-0032) – SNYDER RESIDENCE November 7, 2018 Page 4 Program (JRMP) to avoid increased urban run-off, pollutants and soil erosion. The subject property does not include steep slopes (equal to or greater than 25 percent gradient) or native vegetation. D. Inclusionary Housing Ordinance (CMC Chapter 21.85) For any residential development of less than seven (7) units, the inclusionary housing requirements may be satisfied through the payment of an inclusionary housing in-lieu fee. The proposal to construct one single-family residential dwelling unit has been conditioned to pay the applicable housing in-lieu fee prior to the issuance of a building permit. E. Growth Management The proposed project is located within Local Facilities Management Zone 21 in the Northwest Quadrant of the city. There will be no impact to public facilities because the new single-family residence is replacing an existing single-family residence and no new impacts will be generated. IV. ENVIRONMENTAL REVIEW This project is exempt from CEQA per the exemptions listed below: (1) Section 15303(a) of CEQA exemptions (Class 3) exempts the construction of one single-family residence in a residential zone from environmental review. A Notice of Exemption will be filed by the City Planner upon project approval. ATTACHMENTS: 1. Planning Commission Resolution No. 7314 2. Location Map 3. Disclosure Form 4. Reduced Exhibits 5. Exhibit(s) “A” – “J” dated November 7, 2018 ATTACHMENT 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT TO ALLOW FOR THE CONSTRUCTION OF A NEW 3,380-SQUARE-FOOT TWO-STORY SINGLE-FAMILY RESIDENCE WITH A 672-SQUARE-FOOT ATTACHED 3-CAR GARAGE AND AN EXISTING DETACHED 600-SQUARE- FOOT GARAGE TO REMAIN WITHIN THE MELLO II SEGMENT OF THE CITY’S LOCAL COASTAL PROGRAM LOCATED AT 1781 SKIMMER COURT WITHIN LOCAL FACILITIES MANAGEMENT ZONE 21. CASE NAME: SNYDER RESIDENCE CASE NO: CDP 2018-0019 (DEV 2018-0032) WHEREAS, James M. Snyder and David Drinco, “Developer/Owner,” has filed a verified application with the City of Carlsbad described as The east 435 feet of the north 110 feet of the northeast quarter of the northwest quarter of section 26, township 12 south, range 4 west, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to United States Government Survey, approved October 25, 1875 as described in Schedule “A” of the Preliminary Title Report by First American Title Company, dated July 16, 2018, Order No. DIV-5622298 (“the Property”); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibit(s) “A” – “J” dated November 7, 2018, attached hereto and on file in the Carlsbad Planning Division, CDP 2018-0019 – SNYDER RESIDENCE, as provided in Chapter 21.201.030 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on November 7, 2018, hold a duly noticed public hearing as prescribed by law to consider said request; 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. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) That the above recitations are true and correct. PLANNING COMMISSION RESOLUTION NO. 7314 PC RESO NO. 7314 -2- B) That based on the evidence presented at the public hearing, the Commission APPROVES CDP 2018-0019 - SNYDER RESIDENCE, based on the following findings and subject to the following conditions: Findings: 1. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the site is designated for residential development and the project proposes single-family residential development; the development is consistent with the LCP Mello II Land Use designation of R-8 Residential; no agricultural activities, sensitive resources, geological instability, flood hazard or coastal access opportunities exist on-site; and given the project’s distance from the coastline, the two-story single-family residence will not obstruct views of the coastline as seen from public lands or public right-of-way nor otherwise damage the visual beauty of the coastal zone as further 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 the proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the property is not located adjacent to the coastal shore; therefore, it will not interfere with the public’s right to physical access or water-oriented recreational activities. 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, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP) to avoid increased urban runoff, pollutants, and soil erosion. No steep slopes or native vegetation is located on the subject property and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. 4. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the city’s General Plan, in that the General Plan Land Use designation for the property is R-8 Residential. The R-8 Land Use designation allows for the development of single- family, two-family and multiple-family residences at a density range of 4 to 8 dwelling units per acre (du/ac) with a Growth Management Control Point (GMCP) of 6 du/ac. The project site has a net developable acreage of 0.96 acres and at the GMCP, 6 dwelling units are allowed. The project’s proposed density of 1 du/ac is below the density range of 4 to 6 du/ac. However, one single-family dwelling is permitted to be constructed on a legal lot that existed as of October 28, 2004 pursuant to General Plan Residential Land Use Policy 2-P.7. The subject lot was legally created prior to October 28, 2004; therefore, development of a one-family dwelling is consistent with the R-8 General Plan Land Use designation. 5. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 21 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, PC RESO NO. 7314 -3- 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 21 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 6. That 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 the preparation of environmental documents pursuant to Section 15303(a), construction of one single-family residence in a residential zone, of the state CEQA Guidelines. 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. 7. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to 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: General NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a building permit or grading permit, whichever occurs first. 1. Approval is granted for CDP 2018-0019 - SNYDER RESIDENCE as shown on Exhibits “A” – “J”, dated November 7, 2018, 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 Coastal Development Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall 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. PC RESO NO. 7314 -4- 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/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, (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. 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 21 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. 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(n) Coastal Development Permit by Resolution No. 7314 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. At issuance of building permits, Developer shall pay to the city an inclusionary housing in-lieu fee as an individual fee on a per market rate dwelling unit basis in the amount in effect at the time, as established by City Council Resolution from time to time. PC RESO NO. 7314 -5- 13. Prior to issuance of the building permit, the existing fence around the perimeter of the property shall be modified to comply with the Zoning Code, to the satisfaction of the City Planner. The maximum permissible height in the front yard setback is 42 inches. Engineering: 14. 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. 15. 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. 16. 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. 17. Developer shall apply for and complete the processing of a certificate of compliance for lot legality purposes to the satisfaction of the city engineer. Developer shall pay processing fees per the city’s latest fee schedule. Fees/Agreements 18. 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. 19. Developer shall cause property owner to execute and submit to the city engineer for recordation the city’s standard form Drainage Hold Harmless Agreement. Grading 20. 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. 21. Prior to issuance of the grading permit, the contractor shall submit a Construction Plan to the city engineer for review and approval. Said Plan may be required to include, but not be limited to, identifying the location of the construction trailer, material staging, bathroom facilities, parking of construction vehicles, employee parking, construction fencing and gates, obtaining any necessary permission for off-site encroachment, addressing pedestrian safety, and identifying time restrictions for various construction activities. Storm Water Quality 22. 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, PC RESO NO. 7314 -6- 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. 23. 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. 24. 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. 25. Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form. Developer is responsible to ensure that all final design plans, grading plans, and building plans incorporate applicable best management practices (BMPs). These BMPs include site design, source control and Low Impact Design (LID) measures including, but not limited to, minimizing the use of impervious area (paving), routing run-off from impervious area to pervious/landscape areas, preventing illicit discharges into the storm drain and adding storm drain stenciling or signage all to the satisfaction of the city engineer. Dedications/Improvements 26. 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. 27. Developer shall design all proposed public improvements including but not limited to sewer laterals, 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. The developer shall prepare a separate construction bond estimate for the public improvements shown on the grading plans and a separate subdivision improvement agreement shall be processed for these improvements. Utilities 28. 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. PC RESO NO. 7314 -7- 29. 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 plans. 30. 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 plans. 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 a Public Facility fee as required by Council Policy No. 17. 32. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management fee for Zone 21 as required by Carlsbad Municipal Code Section 21.90.050. 33. 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. 34. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 17.04.320. 35. 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. 36. 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. 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. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on November 7, 2018, by the following vote, to wit: AYES: Chair Montgomery, Anderson, Geidner, Luna, Meenes, Merz, and Segall NOES: None ABSENT: None ABSTAIN: None MARTELL MONTGOMERY, C CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7314 -8- POINSETTIA LNPOINSETTIA LNLIMONITE CTLIMONITE CT SSWWAALLLLOOWW LLNN OORRIIOOLLEE CCTT DDOOVVEELLNN CCOOBBAALLTTDDRRMMIIMMOOSSAADDRRMM OOOORRHHEENNPPLLQQUUAAIILLPPLL EE LL CC AA MM IINN OO RR EE AA LLSSKKIIMMMMEERRCCTT CDP 2018-0019 (DEV2018-0032)Snyder Residence SITE MAP JPALOMARAIRPORTRD E L CAMREALEL CAMINOREAL LA CO STAAV C A R L S B A D B L MELROS E DRCOLLEGEBLA VIARAPY RANCHO SANTAFERDSITE