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HomeMy WebLinkAbout2024-06-19; Planning Commission; Resolution 7515PLANNING COMMISSION RESOLUTION NO. 7515 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN AND COASTAL DEVELOPMENT PERMIT TO DEMOLISH A SINGLE-FAMILY DWELLING AND CONSTRUCT THREE ONE-FAMILY DWELLINGS WITH THREE ATTACHED GARAGES INCLUDING ONE SUBTERRANEAN GARAGE, A POOL PATIO, AND A POOL AND SPA ON A 0.47-ACRE SITE LOCATED AT 314 DATE AVENUE WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: TIMM RESIDENCE CASE NO.: SDP 2024-0010/CDP 2023-0011 (DEV2023-0033) WHEREAS, Jens Timm, "Developer" and "Owner'' has filed a verified application with the City of Carlsbad described as LOT 2 IN BLOCK T OF PALISADES NUMBER 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1803, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 25, 1924. EXCEPTING THEREFROM THE NORTHEASTERLY ONE-HALF THEREOF. ("the Property"); and WHEREAS, said verified application constitutes a request for a Site Development Plan and Coastal Development Permit as shown on Exhibit(s) "A" -"Z" dated June 19, 2024, on file in the Planning Division, SDP 2024-0010/CDP 2023-0011 (DEV2023-0033) -TIMM RESIDENCE, as provided by Chapter 21.06 and Section 21.201.030 of the Carlsbad Municipal Code of the Carlsbad Municipal Code; and WHEREAS, the Planning Division studied the Site Development Plan and Coastal Development Permit application and performed the necessary investigations to determine if the project qualified for an exemption from further environmental review under the California Environmental Quality Act, (CEQA, Public Resources Code section 21000 et. seq.), and its implementing regulations (the State CEQA Guidelines), Article 14 of the California Code of Regulations section 15000 et. seq. After consideration of all evidence presented, and studies and investigations made by the city planner and on its behalf, the city planner determined that the project was exempt from further environmental review pursuant to State CEQA Guidelines sections 15303 -New Construction or Conversion of Small Structures. This exception is for the construction of duplexes or similar multi-family residential structures totaling no more than four dwelling units. The project will not have a significant effect on the environment and all of the requirements of CEQA have been met; and WHEREAS, on April 22, 2024, the city distributed a notice of intended decision to adopt the "New Construction or Conversion of Small Structures" exemption. The notice was circulated for a 10-day period, which began on April 22, 2024, and ended on May 2, 2024. The city did not receive any comment letters on the CEQA findings and determination. The effective date and order of the city planner CEQA determination was May 2, 2024; and WHEREAS, the Planning Commission did, on June 19, 2024, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Site Development Plan and Coastal Development Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES SDP 2024-0010/CDP 2023-0011 (DEV2023-0033) -TIMM RESIDENCE, based on the following findings and subject to the following conditions: Findings: Site Development Plan (SDP 2024-0010) 1. 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 project consists of the demolition of an existing single-family dwelling, detached garage, workshop and shed and the construction of three single-family dwellings with three attached garages, including one underground garage, an attached pool patio, and a pool and spa on a 0.47-acre lot located at 314 Date Ave. The site is surrounded by a mix of existing single-family, and multiple-family residential developments. The proposed three-unit project at a density of 6.4 du/ac is consistent with the R-8 Residential (4-8 du/ac) General Plan Land Use designation. The project is consistent with the various elements and objectives of the General Plan as discussed in the findings below and Section "B" of the Project Analysis. The proposed three-unit residential project will not be detrimental to existing uses or to uses specifically permitted in the area in which the use is located, in that residential is a permitted use within the Residential Density-Multiple (RD-M) Zone and is compatible with the other residential uses surrounding the project site, including single-family and multi-family residential. The proposed three-unit project, comprising of three detached single-family residential units, will not adversely impact the site, surroundings, or traffic circulation in that project will not generate a significant number of trips from the site as three single family dwellings are replacing an existing residential single- family dwelling (net increase of 2 units). The project complies with all minimum development standards of the Carlsbad Municipal Code, including but not limited to the RD-M Zone and the Beach Area Overlay Zone. Furthermore, the project is adequately parked on-site and does not result in any significant environmental impacts. 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 proposed three-unit project will not be detrimental to existing uses since the area immediately surrounding the project site to the north, south, east and west are also developed with single and multi-family uses. The project site will not be adversely impacted as it is currently developed with an existing single-family residence which will be replaced by three single family residences for a net increase of two units. All required roadways are existing. The project will result in an increase of 20 average daily trips (ADTs) which is not anticipated to significantly impact the surrounding developments or roadways. The project takes access off of Date Avenue, which is identified as a local street and designed to adequately handle any additional trips generated by the project. The project is conditioned to enter into a Neighborhood Improvement Agreement for future improvements to Date Avenue. 3. That the site for the intended development or use is adequate in size and shape to accommodate the use, in that as demonstrated in the project analysis, the proposed three-unit project complies with all development standards (i.e. front, side and rear setbacks, lot coverage, and height restrictions) of the Residential Density-Multiple (RD-M} Zone and the Beach Area Overlay Zone, other than the required covered parking spaces. Pursuant to CMC 21.44.020, two garage spaces are required per unit for a total of 6 garage spaces. Parking is provided for unit 1 in an attached three-car garage. Parking is provided for unit 2 in a two-car garage attached to unit 3. Parking is provided for Unit 3 in an attached one-car garage. However, pursuant to CMC 21.44.040 a modification to the required parking standards can be approved where it can be demonstrated that adequate parking will be provided, and the modification will not adversely affect the neighborhood or the site design and circulation. Unit 3 is a 260-square-foot studio unit and therefore is likely to be occupied by one person. The three-car garage for unit 1 provides an extra covered space, and the proposed driveway is approximately 218-feet long and can accommodate parking without issues to circulation. The project has also been conditioned to provide and maintain an additional uncovered space onsite for unit 3. 4. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested development or use to existing or permitted future development or use in the neighborhood will be provided and maintained, in that as demonstrated in the project staff report, the proposed three-unit project complies with all applicable development standards (i.e. setbacks, lot coverage, and height restrictions) of the Residential Density-Multiple (RD-M) Zone and the Beach Area Overlay (BAO) Zone other than parking, however parking can be adequately accommodated onsite without adverse impacts to the neighborhood or site design and circulation. The project will relocate the driveway and install a new curb and pavers at the project frontage on Date Avenue to match the adjacent property's frontage to the west. Landscaping along Date Avenue will be provided consistent with the requirements of the city's Landscape Manual. The project is conditioned to enter into a Neighborhood Improvement Agreement for future improvements to Date Avenue. In addition to the above, all proposed walls/fences on the property comply with the Zoning Code. 5. That the street systems serving the proposed development or use is adequate to properly handle all traffic generated by the proposed use, in that the proposed three-unit project will take access off Date Avenue, which is identified as a local street and designed to adequately handle any additional trips generated by the project. The project will relocate the driveway and install a new curb and pavers at the project frontage on Date Avenue to match the adjacent property's frontage to the west. Landscaping along Date Avenue will be provided consistent with the requirements of the city's Landscape Manual. The project is conditioned to enter into a Neighborhood Improvement Agreement for future improvements to Date Avenue. Coastal Development Permit (CDP 2023-0011) 6. That the proposed development is in conformance with the Mello II Segment of the Certified Local Coastal Program and all applicable policies in that the site is designated R-8 Residential (4- 8 du/ac) for single-family, duplex, and multi-family residential development by the Mello II Segment of the LCP. The project proposes to demolish a single-family dwelling, detached garage, workshop, and shed and construct three new single-family dwellings with three attached garages, including one underground garage, an attached pool patio, and a pool and spa on a 0.47-acre lot located at 314 Date Ave. The proposed three-unit project 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. No agricultural uses currently exist on the site, nor are there any sensitive resources located on the property. In addition, the proposed three- unit project 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. 7. 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 shoreline. Therefore, the three- unit project will not interfere with the public's right to physical access to the ocean and, furthermore, the residentially designated site is not suited for water-oriented recreation activities. The project will not block any views from parks or any other public areas. 8. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the three-unit 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. 9. The project is not 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 21.204 of the Zoning Ordinance). General 10. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan, based on the facts set forth in the staff report dated June 19, 2024 including, but not limited to the following: a. Land Use & Community Design -The three-unit project is consistent with the elements and objectives of the General Plan as discussed in Section "A" of the Project Analysis. The project's density of 6.4 dwelling units per acre is consistent with the R-8 Residential 4- Sdu/ac) General Plan Land Use designation. b. Mobility -The proposed project has been designed to meet all circulation requirements, including vehicular access to and from Date Avenue. In addition, the applicant will be required to pay any applicable traffic impact fees, prior to issuance of a building permit, that will go toward future road improvements. The proposed project will enter into a Neighborhood Improvement Agreement for future improvements to Date Avenue c. Housing -The project will result in a net increase of two units and therefore will be required to pay inclusionary housing in-lieu fees for two units. d. Public Safety -The proposed structural improvements will be required to be designed in conformance with all seismic design standards. In addition, the proposed project is consistent with all the applicable fire safety requirements including fire sprinklers. Additionally, the proposed project is not located in an area of known geologic instability or flood hazard and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. 11. 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 proof from 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. d. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 12. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 13. The 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 -New Construction of Conversion of Small Structures, of the state California Environmental Quality Act (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. 14. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of grading permit or building permit, whichever comes first. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the city shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the city's approval of this Site Development Plan and Coastal Development Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Site Development Plan and Coastal Development Permit, documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development ~hall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the city arising, directly or indirectly, from (a) city's approval and issuance of this Site Development Plan and 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. 6. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Site Development Plan and Coastal Development Permit conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final decision-making body. The copy shall be submitted to the City Planner, reviewed and, if found acceptable, signed by the city's project planner and project engineer. If no changes were required, the approved exhibits shall fulfill this condition. 7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 9. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 10. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. 11. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17 and the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 12. Prior to the issuance of the grading permit, Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Site Development Plan and Coastal Development Permit by this Resolution on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 13. Developer shall make a separate formal landscape construction drawing plan check submittal to the Planning Division and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the city's Landscape Manual. Developer shall construct and install all landscaping and irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum amount of water to the landscape for plant growth without causing soil erosion and runoff. 14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan · check process on file in the Planning Division and accompanied by the project's building, improvement, and grading plans. 15. 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, or inside each unit, 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. 16. 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 for two units in the amount in effect at the time, as established by City Council Resolution from time to time. If building permits are not applied within two years of demolishing the existing residential unit, then the inclusionary housing in lieu fee will be paid for three units. 17. Prior to issuance of a grading permit or the commencement of any ground-disturbing activities, whichever occurs first, Developer shall: a. Retain the services of a qualified archaeologist who shall be on-site to monitor ground disturbing activities. In the event cultural resource material is encountered, the archaeologist is empowered to temporarily divert or halt grading to allow for coordination with the Luiseno Native American monitor and to determine the significance of the discovery. The archaeologist shall follow all standard procedures for cultural resource materials that are not Tribal Cultural Resources, in accordance with applicable laws and regulations including but not limited to the Carlsbad Tribal, Cultural and Paleontological Resources Guidelines (2017). b. Enter into a Pre-Excavation Agreement, otherwise known as a Tribal Cultural Resources Treatment and Tribal Monitoring Agreement, with the San Luis Rey Band of Mission Indians or other Luiseno Native American tribe that meets all standard requirements of the tribe for such Agreements, in accordance with applicable laws and regulations including but not limited to the Carlsbad Tribal, Cultural and Paleontological Resources Guidelines (2017). This agreement will address provision of a Luiseno Native American monitor and contain provisions to address the proper treatment of any Tribal Cultural Resources and/or Native American human remains inadvertently discovered during the course of the project. The agreement will outline the roles and powers of the Luiseno Native American monitor and the archaeologist. 18. To ensure a total of two parking spaces are provided and maintained on-site for Unit 3, in addition to the one-car garage parking space for Unit 3, one parking space shall be provided on a paved surface outside the front-yard setback area for Unit 3. Engineering: NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development must be met prior to approval of a Building or grading permit, whichever occurs first. General 19. 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. 20. 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. 21. Property owner shall maintain all landscaping (street trees, tree grates, shrubs, groundcover, etc.) and irrigation along the parkway frontage with Date Avenue as shown on the Site Plan. Fees/ Agreements 22. 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. 23. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 24. 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. 25. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for recordation, an Encroachment Agreement covering private pavers and concrete driveway approach located over existing and public right-of-way as shown on the site plan. Developer shall pay processing fees per the city's latest fee schedule. 26. Developer shall cause property owner to enter into a Neighborhood Improvement Agreement with the city on a city standard form for the future public improvement of Date Avenue along the property frontage for a half street width of 28-feet. Public improvements shall include but are not limited to PAVING, BASE, SIDEWALKS, CURBS AND GUTTERS, GRADING, CLEARING AND GRUBBING, UNDERGROUNDING OR RELOCATION OF UTILITIES, SEWER, WATER, FIRE HYDRANTS, STREET LIGHTS, AND RECLAIMED WATER. Grading 27. 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. 28. Concurrent with the grading plans Developer shall include shoring plans as part of the grading plans to the satisfaction of the city engineer and building official. Structural calculations for all shoring shall be submitted for review and approval by the building division. Developer shall pay all deposits necessary to cover any 3rd party review. Storm Water Quality 29. 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. 30. 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. 31. 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. 32. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc) incorporate all source control, site design, pollutant control BMP and applicable hydromodification measures. Dedications/Improvements 33. Developer shall cause owner to dedicate to the city and/or other appropriate entities for the public street and public utility purposes as shown on the site plan . The offer shall be made by a separate recorded document. All land so offered shall be free and clear of all liens and encumbrances and without cost to the city. Streets that are already public are not required to be rededicated. Additional easements may be required at final design to the satisfaction of the city engineer. 34. Developer shall design the private drainage systems, as shown on site plan to the satisfaction of the city engineer. 35. 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. 36. Developer shall design all proposed public improvements. 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 Additional public improvements required in other conditions of this resolution are hereby included in the above list by reference. 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. 37. Date Avenue shall be dedicated by owner along the project frontage based on a street center line to right-of-way width of 28-feet and in conformance with City of Carlsbad Standards. 38. Developer is responsible to ensure utility transformers or raised water backffow preventers that serve this development are located outside the right-of-way as shown on the [Tentative Map/Site Plan] and to the satisfaction of the city engineer. These facilities shall be constructed within the property. Utilities 39. 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. 40. Developer shall install potable water and/or recycled water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public improvement plans. 41. The developer shall agree to install sewer laterals and clean-outs at locations approved by the city engineer. The locations of sewer laterals shall be reflected on public improvement plans. 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 TO APPLICANT . The project site is within the appealable area of the California Coastal Commission. This Coastal Development Permit (CDP) shall not become effective until ten {10) working days have elapsed, without a valid appeal being filed with the Coastal Commission, following the Coastal Commission's receipt of the city's notice of the CDP issuance ("Notice of Final Action"). The filing of a valid appeal with the Coastal Commission within such time limit shall stay the effective date of this CDP until such time as a final decision on the appeal is reached by the Coastal Commission. 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.