HomeMy WebLinkAboutCDP 2022-0013; URBINO MINOR SUBDIVISION; Admin Decision LetterApril 3, 2023
Doug Logan
310 Via Vera Cruz #205
San Marcos, CA 92078
("Cityof
Carlsbad
8FILE COPY
SUBJECT: CDP 2022-0013/MS 2022-0001 (DEV2020-0263) -URBINO MINOR SUBDIVISION -Request for
approval of Minor Coastal Development Permit CDP 2022-0013 and Tentative Parcel Map MS 2022-0001,
to subdivide a 0.50-acre lot located at 3997 Park Drive into two parcels. Proposed Parcel 1 is 11,190 gross
square-feet (SF) and is designed as a panhandle lot with access proposed off Park Drive. Proposed Parcel
2 is 10,609 gross SF with access proposed via an existing private driveway off Park Drive. The project site
is a corner lot fronting Park Drive to the east and Tamarack Avenue to the south and comprises Assessor
Parcel Number (APN) 207-120-40-00. The project has a proposed density of 4 du/ac. The site is currently
developed with a single-family home which is proposed to be demolished. The site is subject to the
Residential 0-4 du/acre (R-4) General Plan Land Use Designation, is Zoned One-Family Residential (R-1)
and is located in the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone
1. The City Planner has determined that this project is exempt from the requirements of the California
Environmental Quality Act (CEQA) pursuant to Sections 15315 "Minor Land Divisions" and will not have
any adverse significant impact on the environment.
Mr. Logan,
The City Planner has completed a review of the application for a Minor Coastal Development Permit and
Tentative Parcel Map located at 3997 Park Drive, a corner lot fronting Park Drive to the east and Tamarack
Avenue to the south. The existing lot is developed with a single-family home which is proposed to be
demolished. The subdivision will create two residentially-zoned parcels that will be available for the
construction of one single-family home per lot under the current R-1 zoning designation. Coastal
Development Permits will be required for the construction of the future homes. ·
The City Planner has made a decision pursuant to Section 21.201.080 and 20.24.120 of the City of Carlsbad
Municipal Code to approve this Minor Coastal Development Permit and Tentative Parcel Map based on
the findings and subject to the conditions listed below.
Findings:
Minor Coastal Development Permit, CDP 2022-0013
1. That the total cost of the proposed development is less than $60,000.
2. That the proposed development requires no discretionary approvals other than a Minor Coastal
Development Permit and Tentative Parcel Map.
Community Development Department
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov
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3. That the development is in conformity with the public access and public recreation policies of
Chapter 3 of the Coastal Act, in that the site is not located adjacent to the shore. Therefore, the
project will not interfere with the public's right to physical access to the sea and the site is not
suited for water-oriented recreation activities.
4. That the proposed development is in conformance with the Mello II Segment of the Certified
Local Coastal Program (LCP) and all applicable policies in that the site is designated R-4
Residential (0-4 du/ac) which allows for single family development. The project consists of
grading and subdividing a 0.50-acre lot into two (2) single-family residential lots at a density of
4 du/acre on a property currently developed with a single-family home, which is proposed to
be demolished. The proposed graded residential lots will not obstruct views from public lands
or the public right-of-way, nor otherwise damage the visual beauty of the coastal zone. No
agricultural uses as identified on Map X attached to the LCP currently exist on the site, nor are
there any sensitive resources located on the disturbed property; In addition, the subdivision is
not located in an area of known geologic instability or flood hazards. Since the site does not
have frontage along the coastline, no public opportunities for coastal shoreline access are
available from the subject site. Furthermore, the residentially-designated site is not suited for
water-oriented recreation activities.
5. 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 undevelopable steep slopes or native vegetation are located on the subject
property and the developed site is not located in an area prone to landslides, or susceptible to
accelerated erosion, floods, or liquefaction.
6. The project is not located between the sea and the first public road parallel to the sea and,
therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay Zone
(Chapter 21.201 of the Zoning Ordinance) ..
7. That the request for a minor coastal development permit was adequately noticed at least ten (10)
working days before the date of this decision pursuant to Section 21.201.080(8) and (C) of the
Carlsbad Coastal Development Regulations. ·
Minor Subdivision, MS 2022-0001
8. That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent-with and satisfies all requirements of the General Plan, any applicable
specific plans, Titles 20 and 21 of the Carlsbad Municipal Code and the State_ Subdivision Map Act,
and will not cause serious public health problems, in that the R-4 Residential General Plan Land
Use designation and the R-1 Zone allow for single-family homes on individual lots. The proposed
lots satisfy the minimum requirements of Carlsbad Municipal Code (CMC) Titles 20 and 21
regarding lot sizes and configuration and have been designed to comply with all applicable city
regulations, including the panhandle lot provisions pursuant to CMC Section 21.10.100.
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9. · That the proposed project is compatible with the surrounding future land uses in that the subject
property is surrounded by existing single-family homes. The two-lot subdivision will provide for
one single-family home per lot consistent with the R-1 Zone.
10. That 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, in
that the proposed subdivision creates two lots consistent with the development standards and
design criteria required by the R-1 Zone for the creation of one standard lot and one panhandle
lot, including but not limited to requirements for access, minimum lot size and width, and
minimum buildable are for the panhandle lot. The design of the subdivision will facilitate future
development of homes that will comply with lot coverage and setback standards. The project's
density of 4 dwelling units per acre is within the density range allowed pursuant to the R-4
General Plan Land Use designation.
11. That the design of the subdivision or the type of improvements will not conflict with easements
of record or easements established by court judgment, or acquired by the public at large, for
access through or use of property within the proposed subdivision, in that the developer has
noted and will preserve on the tentative parcel map all existing easements of record.
12. That the property is not subject to a contract entered into pursuant to the Land Conservation Act
of 1965 (Williamson Act).
13. That the design of the subdivision provides, to the extent feasible, for future passive or natural
heating or cooling opportunities in the subdivision, in that the lots provide ample area for the
development of two single-family homes which can take advantage of prevailing breezes and
allow for passive or natural solar heating and cooling opportunities.
14. That the City Planner has considered, in connection with the housing proposed by this subdivision,
the housing needs of the region, and balanced those housing needs against the public service
needs of the City and available fiscal and environmental resources in that the lots facilitate the
development of two future dwelling units and can be adequately served by existing public
services. In addition, the project has been conditioned to pay inclusionary housing in-lieu fees
for one unit or two units if the existing home is not demolished within two years of demolishing
the existing single-family home.
15. That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish and wildlife or their habitat, in
that the proposed development site does not contain any significant habitat and no significant
wildlife or habitat will be impac\ed by the project.
16. That the discharge of waste from the subdivision will not result in violation of existing California
Regional Water Qutlity Control Board requirements, in that the project has been designed in
accordance with Best Management Practices for water quality protection in accordance with
the city's sewer and drainage standards and the project is conditioned to comply with the
National Pollutant Discharge Elimination System (NPDES} requirements.
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Panhandle Lot
17. That the property cannot be served adequately with a public street without panhandle lots due
to unfavorable conditions resulting from unusual topography, surrounding land development, or
lot configuration, in that in order to minimize grading and provide access off a street which is
. not as heavily-traveled as Tamarack Avenue, the subdivision of the property into two lots, as
the General Plan allows, is only feasible if one panhandle and one standard lot are proposed.
18. That subdivision with panhandle lots will not preclude or adversely affect the ability to provide
full public street access to other properties within the same block of the subject property, in that
the 16-foot-wide private driveway is within the panhandle portion of the lot and extends
completely to Park Drive as required by Section 21.10.100 of the Carlsbad Municipal Code. In
addition, the proposed panhandle lot does not include access easements that are located on
adjacent properties and all adjacent properties currently have direct access to a public street.
19. That the buildable portion of the lot consists of a minimum of 8,000 square feet, which meets the
requirements of Section 21.10.l00(C) of the Carlsbad Municipal Code;
20. That the front, side, and rear property lines of the buildable lot, for purposes of determining
required yards, are as shown on Exhibit "B" dated April 3, 2023.
21. That any panhandle lot hereby approved satisfies all the requirements of Section 21.10.l00(D) of
the Carlsbad Municipal Code
General
22. That the City Planner finds that the project, as conditioned herein, is in conformance with the
City's General Plan in that the subject property is designated R-4, Residential 0 -4 du/ac. The
proposal to subdivide the 0.50-acre property into two lots· has a density of 4 du/ac and is
therefore within the allowable range and consistent with the R-4 General Plan Land Use
designation.
23. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
· Management Plan for Zone 1 and all City public facility policies and ordinances. The project
includes elements or has been conditioned to construct or provide funding to ensure that all
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 prooffrom the Carlsbad Unified School District
that the project has satisfied its obligation for school facilities.
b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected_
prior to issuance of building permit.
c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior
to the issuance of building permit.
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24. That the City Planner has determined that the pmject is exempt from the requirements of the
California Environmental Quality Act (CEQA) per Section 15315 (Minor Land Division) of the State
CEQA Guidelines and will not have any adverse significant impact on the environment in that the
property is in an urbanized area zoned for single-family residential use and is being subdivided
into four or fewer parcels; no variances are needed for the subdivision; all services for the
parcels are available; the parcel was not part of a larger subdivision within the last two years;
and the developable portion of the site does not have an average slope greater than 20 percent.
25. 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, the issuance of grading permit, building permit, or
recordation of the Final Parcel Map, whichever comes first.
1. The City Planner does hereby APPROVE Minor Coastal Development Permit CDP 2022-0013 and
Tentative Parcel Map MS 2022-0001, for the project entitled URBINO MINOR SUBDIVISION
{Exhibits "A" -"C"}, dated April 3, 2023 on file in the Planning Division and incorporated by this
reference, subject to the conditions herein set forth.
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 Coastal Development
Permit and Tentative Parcel Map.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Minor Coastal Development Permit and Tentative Parcel Map 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. The Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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.
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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 Minor Coastal Development Permit and Tentative
Parcel Map, (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. This approval is for a subdivision map and the creation of developable pads with approval of a
final map and grading permit consistent with Exhibits "A" -"C" dated April 3, 2023. The grading
and development of homes on Parcel 1 and Parcel 2 will be subject to the approval of a Coastal
Development Permit (CDP} for both homes or a separate CDP for each home if developed·
separately. All future development shall comply with the applicable codes, standards and
regulations in effect at the time the application is submitted.
8. The existing home shall be demolished prior to recordation of the final map, to the satisfaction
of the City Planner.
9. Prior to issuance of the grading permit, a landscape plan sha'II be approved demonstrating
· compliance with the city's street tree requirements, to the satisfaction of the City Planner and
Parks and Recreation Department.
10. Future 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. A note to this effect shall be placed on the Final Parcel
Map.
11. Prior to issuance of the building permit for the first single-family home, the 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. The proposal to demolish the existing single-family home and subdivide the existing lot
into two parcels requires the payment of the applicable in-lieu fee for one unit, or two units if
building permit for the first single-family home has not been applied for within two years of
demolishing the existing single-family home.
12. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the
'License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD
#1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section
5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1,
pursuant to Chapter 21.90. All suc.h taxes/fees shall be paid at future issuance of future building
CDP 2022-0013/MS 2022-0001 (DEV2020-0263)-URBINO MINOR SUBDIVISION
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permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan
and shall become void.
13. Developer shall report, in writing, to the City Planner within 30 days, any address change from that
which is shown on the permit application, any change in the telecommunications provider, or any
transfer in ownership of the site.
14. Prior to the issuance of the final parcel map, 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 Coastal Development Permit and Tentative Parcel Map on the property. Said
Notice of Restriction shall note the property description, location of the file containing complete
project details and all conditiops 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.
15. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities District
or other financing mechanism which is inconsistent with City Council Policy No. 38, by allowing a
pass-through of the taxes or fees to individual home buyers, then in addition to any other
disclosure required by law or Council policy, the Developer shall disclose to future owners in the
project, to the maximum extent possible, the existence of the tax or fee, and that the school district
is the taxing agency responsible for the financing mechanism. The form of notice is subject to the
approval of the City Planner and shall at least include a handout and a sign inside the sales facility
stating the fact of a potential pass-through of fees or taxes exists and where complete information
regarding those fees or taxes can be obtained.
Engineering
General
16. 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.
17. 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.
18. Developer shall prepare, submit and process for city engineer approval a parcel map to subdivide
this project. There shall be one Parcel Map recorded for this project. Developer shall pay the city
standard map review plan check fees.
19. Property owner shall maintain all landscaping (street trees, tree grates, shrubs, groundcover, etc.)
and irrigation along the parkway frontage with Park Drive and Tamarack Avenue as shown on the
Tentative Parcel Map.
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Fees/Agreements
20. Developer shall cause property owner to execute and submit to the city engineer for recordation,
the city's standard form Geologic Failure Hold Harmless Agreement.
21. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
22. Developer shall cause property owner to execute and submit to the city engineer for recordation,
the city's standard form Panhandle Lot Hold Harmless Agreement.
Grading
23. Based upon a review of the proposed grading and the grading quantities shown on the Tentative
Parcel Map, 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
24. 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 educatio_nal 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.
25. Developer shall complete and submit to the city engineer a Determination of Project's SWPPP Tier
Level and Construction Threat Level Form pursuantto 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.
26. 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 bestmanagement 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.
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Dedications/Improvements
27. Developer shall design the private drainage systems, as shown on the Tentative Parcel Map 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.
28. Prior to any work in city right-of-way or public easements, Developer shall apply for and obtain a
right-of-way permit to the satisfaction of the city engineer.
29. Developer shall prepare and process public improvement plans and, prior to city engineer approval
of said plans, shall execute a city standard Subdivision Improvement Agreement to install and shall
post security in accordance with C.M.C. Section 20.16.070 for public improvements shown on the
Tentative Parcel Map. Said improvements shall be installed to city standards to the satisfaction of
the city engineer. These improvements include, but are not limited to:
A. Driveways
B. Curb, gutter, and sidewalk on Park Dr.
C. Sidewalk on Tamarack Ave.
D. Sewer lateral
E. Sidewalk drains
Additional public improvements required in other conditions of this resolution are hereby included
in the above list by reference. Developer shall pay the standard improvement plan check and
inspection fees in accordance with the fee schedule. Improvements listed above shall be
constructed within 36 months of approval of the subdivision or development improvement
agreement or such other time as provided in said agreement.
30. Developer is responsible to ensure all existing overhead utilities servicing the subject property
are to be undergrounded as shown on the Tentative Parcel Map and to the satisfaction of the city
engineer. No new or relocated utility poles are allowed.
Non-Mapping Notes
31. Add the following notes to the parcel map as non-mapping data:
A. Developer has executed a city standard Subdivision Improvement Agreement and has
posted security in accordance with C.M.C. Section 20.16.070 to install public
improvements shown on the Tentative Parcel Map. These improvements include, but are
not limited to:
1) Driveways
2) Curb, gutter, and sidewalk on Park Dr.
3) Sidewalk on Tamarack Ave.
4) Sewer lateral
5) Sidewalk drains
B. Building permits will not be issued for development of the subject property unless the
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appropriate' agency determines that sewer and water facilities are available.
C. Geotechnical Caution: The owner of this property on behalf of itself and all of its
successors in interest has agreed to hold harmless and indemnify the City of Carlsbad
from any action that may arise through any geological failure, ground water seepage or
land subsidence and subsequent damage that may occur on, or adjacent to, this
subdivision due to its construction, operation or maintenance.
D. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to
encroach within the area identified as a sight distance corridor as defined by City of
Carlsbad Engineering Standards or line-of-sight per Caltrans standards.
E. The owner of this property on behalf of itself and all of its successors in interest has
agreed to hold harmless and indemnify the City of Carlsbad from any action that may
arise through any diversion of waters, the alteration of the normal flow of surface waters
or drainage, or the concentration of surface waters or drainage from the drainage system
or other improvements identified in the city approved development plans; or by the
design, construction or maintenance of the drainage system or other improvements
identified in the city approved development plans.
F. There are no public park or recreational facilities to be located in whole or in part within
this subdivision. The subdivider is therefore obligated to pay park-in-lieu fees in
accordance with section 20.44.050 of the Carlsbad Municipal Code and has either paid all
of said park in-lieu fees or agreed to pay all of said park-1n-lieu fees in accordance with
section 20.16.070 of the Carlsbad Municipal Code.
Utilities
32. · 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
33. Developer shall design and agree to construct public facilities within public right-of-way or
within minimum 20-foot wide easements 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.
34. 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.
35. 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.
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Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
36. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final parcel map as
required by Chapter 20.44 of the Carlsbad Municipal Code.
37. Prior to the future issuance of a building permit, Developer shall pay a Public Facility fee as required
by Council Policy No. 17.
38. Prior to the future 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.
39. Premise identification {addresses) shall be provided consistent with Carlsbad Municipal Code
Section 17.04.060.
40. 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.
41. 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.
42. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Sectio.n 13.10
of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) shown on the
tentative map are for planning purposes only.
43. Subdivider shall comply with Section 20.16.040(d) of the Carlsbad Municipal Code regarding the
undergrounding of existing overhead utilities.
NOTICE
This decision may be appealed by you or any member of the public to the Planning Commission within ten
(10) calendar days of receipt of this letter. Appeals must be submitted in writing to the Planning
Commission at 1635 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.
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.
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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.
If you have any questions regarding this matter, please feel free to contact Shannon Harker at 442-339-
2621 or by email at shannon.harker@carlsbadca.gov .
CITY OF CARLSBAD
CLIFF JONES
Principal Planner
CJ:SH:JC
c: Arthur Urbino, 421 Tamarack Ayenue, Carlsbad, CA 92008
Eric Lardy, City Planner
Allison Mc~aughlin, Project Engineer
Laserfiche/File Copy
Data Entry