HomeMy WebLinkAboutSDP 2022-0018; 725 ARBUCKLE; Admin Decision LetterJuly 15, 2024
CODY BURKE
ENCINITAS DESIGN GROUP
607 N VULCAN AVENUE #4
ENCINITAS, CA 92024
{'cityof
Carlsbad
SUBJECT: SOP 2022-0018 (DEV2022-0229) -725 ARBUCKLE -Request for approval of a Minor Site
Development Plan for the partial demolition of an existing single-family residential unit and
construction of a three-story mixed-use development consisting of 1,533 square feet of
business/professional office, and a 2,020-square-foot single-family residential unit with a 716-
square-foot attached accessory dwelling unit (ADU) and a 497-square-foot attached junior
accessory dwelling unit (JADU) on property located at 725 Arbuckle Place, within the Village
General (VG) District of the Village & Barrio Master Plan and Local Facilities Management Zone
1.
Dear Mr. Burke,
The City Planner has completed a review of your application for Minor Site Development Plan, SDP 2022-
0018, as described above. A notice was sent to property owners within a 300-foot radius of the subject
property requesting comments regarding the above request. No comments were received within the ten-
day notice period (ending on June 28, 2024). After careful consideration of the circumstances surrounding
this request, the City Planner has made a decision pursuant to Section 21.06.070 of the City of Carlsbad
Municipal Code to APPROVE this request based on the following findings and subject to the conditions
listed below.
Findings:
Site Development Plan, SOP 2022-0018
1. That the proposed development or use is consistent with the general plan and any applicable master
plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the Carlsbad
Municipal Code, and all other applicable provisions of this code; in that the project proposes the
partial demolition of an existing single-family residential unit and construction of a mixed-use
development consisting of 1,533 square feet of business/professional office, and a 2,020-square-
foot single-family residential unit with a 716-square-foot attached accessory dwelling unit (ADU)
and a 497-square-foot attached junior accessory dwelling unit (JADU), on a 5,025-square-foot infill
lot located within the Village General (VG) District of the Village & Barrio Master Plan. Mixed-use,
consisting of residential and business/professional office, is permitted by right within the VG
District. The project is consistent with the various elements and objectives of the Village (V) General
Plan Land Use designation and the Village & Barrio Master Plan as discussed in the findings below.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
SDP 2022-0018 (DEV2022-0229) -725 ARBUCKLE
July 15, 2024
Page 2
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 mixed-use
development is located within the Village General (VG) District of the Village & Barrio Master Plan.
The project will not be detrimental to existing uses or to uses specifically permitted in the area in
which the use is located in that mixed-use, consisting of residential and business/professional
office, is permitted by right in the VG District. All the properties surrounding the site are designated
for VG land uses under the VBMP and the project site is surrounded by a variety of urban uses,
including an adjacent multi-story office building to the east. The mixed-use project, with an
estimated 41 average daily trips (ADTs) will not adversely impact the site, surroundings, or traffic
circulation. No parking is required per California Assembly Bill (AB) 2097 since the site is located
within one-half mile of a major transit stop (Carlsbad Village transit center). Even though no parking
is required per AB 2097, the project proposes two (2) on-site parking spaces within a two-car garage.
3. That the site for the intended development or use is adequate in size and shape to accommodate the
use; in that the Village General (VG) District, within the Village & Barrio Master Plan, allows
residential development at a density range of 18 to 23 dwelling units per acre. Based on a
developable area of 0.12 acres, the density for this project with one (1) residential unit is 8.3
dwelling units per acre. However, pursuant to Chapter 2.4 of the Village & Barrio Master Plan, for
mixed-use projects, the minimum density shall be calculated based on fifty percent (50%) of the
developable area (0.06 acres) and the maximum density shall be calculated based on the entire
developable area (0.12 acres). As such, the minimum number of dwelling units allowed for this
mixed-use project is one (1) unit and the maximum number of units allowed is three (3) units. As
the residential portion of the proposed mixed-use project falls within the allowable unit yield range
for a mixed-use development and meets all required development standards, the project site is
considered adequate in size and shape to accommodate the proposed mix of uses.
4. That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the
requested development or use to existing or permitted future development or use in the
neighborhood will be provided and maintained; in that the project complies with all objective
development standards (i.e. front, side and rear yard setbacks, lot coverage, building height, etc.)
of the Village General (VG) District and the Village & Barrio Master Plan, and all proposed
landscaping will be provided consistent with the city's Landscape Manual.
5. That the street system serving the proposed development or use is adequate to properly handle all
traffic generated by the proposed use; in that the Minor Site Development Plan complies with the
development standards of the Village General (VG) District of the Village & Barrio Master Plan. The
surrounding streets have adequate capacity to accommodate the daily trips generated by this
mixed-use project. The proposed development includes 10 feet of right-of-way dedication and
construction of curb, gutter and sidewalk along the Arbuckle Place project frontage. Even though
no parking is required per California Assembly Bill 2097, the project proposes a two-car garage.
General
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
SOP 2022-0018 (DEV2022-0229) -725 ARBUCKLE
July 15, 2024
Page 3
6. The City Planner finds that the project, as conditioned herein, is in conformance with the Elements of
the city's General Plan, and the Village & Barrio Master Plan, based on the following facts:
a. Land Use -The proposal to construct a mixed-use project consisting of one (1) single-family
residential unit, an accessory dwelling unit (ADU), a junior accessory dwelling unit (JADU) and
business/professional office will enhance the vitality of the Village by providing new residential
and business/professional office land uses near the downtown core area. The project reinforces
the pedestrian orientation desired for the downtown area by providing residents an
opportunity to walk to nearby shopping, restaurants, recreation, and mass transit functions.
The project's proximity to existing bus routes and mass transit help to further the goal of
providing new economic development near transportation corridors. Overall, the mixed-use
project will contribute toward the revitalization of the Village.
b. Mobility -The proposed project is located within a half-mile radius of the Carlsbad Village train
station, which provides rail and bus service throughout the day. The project's proximity to the
transit station will provide future residents with the opportunity to commute to major job
centers, thereby reducing vehicle miles traveled (VMTs) and carbon footprint. Furthermore, the
project supports walkability and mobility by locating the project near existing goods and
services within the Village.
c. Public Safety -The proposed structural improvements will be required to meet all seismic
design standards. The Fire Department has reviewed and approved the proposed conceptual
building design with fire sprinklers included throughout the building per the National Fire
Protection Association (NFPA) 13 standards. Therefore, the proposed project is consistent with
the applicable fire safety requirements. The project will also be required to develop and
implement a program of "best management practices" for the elimination and reduction of
pollutants which enter and/or are transported within storm drainage facilities. Lastly, the
project has also been conditioned to pay all applicable public facilities fees for Local Facilities
Management Zone 1.
7. 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. 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 1 is required by Carlsbad Municipal Code Section
21.90.050 and will be collected prior to issuance of building permit.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
SOP 2022-0018 (DEV2022-0229) -725 ARBUCKLE
July 15, 2024
Page4
8. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
9. The 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 preparation of environmental documents pursuant to
Section 15332 -In-fill Development Projects of the State CEQA Guidelines as an in-fill development
project. 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. No appeals were made to this
determination; therefore, it is final. Because the structure associated with the development request
is more than 45 years, the City Planner requested additional information and research to determine
whether the property qualifies as a "historical resource" for the purposes of CEQA and/or to aid in
the evaluation of the effects a proposed project may have on a historical resource. Specifically, a
Historical Analysis Report was prepared by the State of California to determine if the property
meets the terms and definitions applied to CEQA Guidelines section 15064.5. The property does not
meet the criteria for listing on the California Register of Historical Resources; therefore, the
property cannot be deemed significant pursuant to the criteria in CEQA Guidelines Section 15064.5.
10. That the request for a Minor Site Development Plan was adequately noticed at least ten (10) calendar
days before the date of this decision pursuant to Section 21.54.060 of the Carlsbad Municipal Code.
11. The City Planner has reviewed each of the exactions imposed on the Developer contained in this
approval letter, and hereby finds, in this case, that the exactions are imposed to mitigate impacts
caused by or reasonably related to the project, and the extent and the degree of the exaction is in
rough proportionality to the impact caused by the project.
Conditions:
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to approval of a building
or grading permit, whichever occurs first.
1. Approval is granted for SOP 2022-0018 as shown on Exhibits "A" -"R" dated July 15, 2024, 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 ofthis Minor Site Development Plan.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
SOP 2022-0018 (DEV2022-0229) -725 ARBUCKLE
July 15, 2024
Page 5
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Minor Site Development Plan documents, as necessary to make them internally
consistent and in conformity with the final action on the project. Development shall occur
substantially as shown on the approved Exhibits. Any proposed development, different from this
approval, shall require an amendment to this approval.
4. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations
in effect at the time of building permit issuance.
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 Minor Site Development Plan, (b) City's approval or issuance of any permit or action, whether
discretionary or nondiscretionary, in connection with the use contemplated herein, and (c)
Developer/Operator's installation and operation of the facility permitted hereby, including without
limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or
other energy waves or emissions. This obligation survives until all legal proceedings have been
concluded and continues even if the city's approval is not validated.
7. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever
occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Site Plan, conceptual
grading plan and preliminary utility plan reflecting the conditions approved by the final decision
making body. The copy shall be submitted to the City Planner, reviewed and, if found acceptable,
signed by the city's Project Planner and Project Engineer. If no changes were required by these
conditions, the approved exhibits shall fulfill this condition.
8. 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.
9. 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.
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.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
SOP 2022-0018 (DEV2022-0229) -725 ARBUCKLE
July 15, 2024
Page 6
11. Developer shall report, in writing, to the City Planner within 30 days, any address change from that
which is shown on the permit application.
12. This approval shall become null and void if grading or building permits are not issued for this project
within 24 months from the date of project approval.
13. Developer shall submit to the city a Notice of Restriction to be filed in the office of the County
Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors
in interest that the City of Carlsbad has issued a Minor Site Development Plan on the property. Said
Notice of Restriction shall note the property description, location of the file containing complete
project details and all conditions of approval as well as any conditions or restrictions specified for
inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an
amendment to the notice which modifies or terminates said notice upon a showing of good cause by
the Developer or successor in interest.
14. The project is subject to the Prescriptive Compliance Option (PCO) of the City of Carlsbad's Landscape
Manual. Developer shall construct and install all landscaping and irrigation as shown on the PCO plan
approved as part of this project and on file in the Planning Division. Prior to issuance of a building
permit, Developer shall submit an application pursuant to the landscape plan check process on file in
the Planning Division; however, no landscape plans are required, and Developer shall only be
responsible to pay the landscape inspection and processing fee, with said application. The approved
PCO plan will be utilized by the city as part ofthe project's final inspection process.
15. Prior to issuance of a grading permit or the commencement of any ground-disturbing activities,
whichever occurs first, the project 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 hait 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.
Engineering:
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
SOP 2022-0018 (DEV2022-0229) -725 ARBUCKLE
July 15, 2024
Page 7
General
15. 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.
16. 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.
17. 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.
18. Developer shall install sight distance corridors at all street intersections and driveways in accordance
with City Engineering Standards. The property owner shall maintain this condition.
19. Property owner shall maintain all landscaping (street trees, tree grates, shrubs, groundcover, etc.) and
irrigation along the parkway frontage with Arbuckle Place as shown on the Site Plan.
20. 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
21. 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.
22. Developer shall cause property owner to execute and submit to the City Engineer for recordation, the
city's standard form Drainage Hold Harmless Agreement.
23. Developer shall cause property owner to apply for, execute, and submit, to the City Engineer for
recordation, an Encroachment Agreement covering private pervious pavers located over proposed
public right-of-way or easements as shown on the Site Plan. Developer shall pay processing fees per
the city's latest fee schedule.
24. Developer shall cause owner to execute, for recordation, a city standard Local Improvement District
Agreement to pay fair share contributions for undergrounding of all existing overhead utilities and
installation of street lights, as needed, along the subdivision frontage, should a future district be
formed.
Grading
25. Based upon a review of the proposed grading and the grading quantities shown on the Site Plan, a
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
SDP 2022-0018 (DEV2022-0229) -725 ARBUCKLE
July 15, 2024
Page 8
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.
26. 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
27. 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.
28. Developer shall complete and submit to the City Engineer a Determination of Project's Storm Water
Pollution Prevention Plan (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 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.
29. This project is subject to Trash Capture requirements. Developer shall prepare and process a Trash
Capture Storm Water Quality Management Plan (TCSWQMP), subject to City Engineer approval, to
comply with the Carlsbad BMP Design Manual latest version. The final TCSWQMP required by this
condition shall be reviewed and approved by the City Engineer with final grading plans and/or building
plans, whichever occurs first. Developer shall pay all applicable SWQMP plan review and inspection
fees per the city's latest fee schedule.
30. 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
31. Developer shall cause owner to dedicate to the city and/or other appropriate entities an easement
for public street and public utility purposes as shown on the Site Plan. The offer shall be made by a
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
SOP 2022-0018 (DEV2022-0229) -725 ARBUCKLE
July 15, 2024
Page9
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.
32. 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-inch 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.
33. 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.
34. Developer shall prepare and process public improvement plans and, prior to City Engineer approval
of said plans, shall execute a city Standard Development Improvement Agreement to install and shall
post security in accordance with CMC Section 20.16.070 for public improvements shown on the Site
Plan. Said improvements shall be installed to city standards to the satisfaction of the City Engineer.
These improvements include, but are not limited to:
a. Installation of new curb, gutter and sidewalk.
b. Installation of new driveway approach.
c. Widening of street pavement with transitional asphalt concrete berm.
d. Grind and overlay street pavement along street frontage.
e. Installation of new sewer lateral and domestic, landscape and fire water service facilities.
f. Removal of any existing utility services fronting the property that will no longer serve the
property.
g. Relocation of overhead utility pole.
h. Installation of curb drain outlets.
Additional public improvements required in other conditions of this administrative approval letter
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 development improvement agreement or such
other time as provided in said agreement.
35. Developer is responsible to ensure utility transformers or raised water backflow preventers that serve
this development are located outside the right-of-way as shown on the Site Plan and to the
satisfaction of the City Engineer. These facilities shall be constructed within the property.
Utilities
36. 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.
37. 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.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
SDP 2022-0018 (DEV2022-0229) -725 ARBUCKLE
July 15, 2024
Page 10
38. 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.
39. The developer shall design and agree to construct public water, sewer, and recycled water facilities
substantially as shown on the Site Plan to the satisfaction of the District Engineer and City Engineer.
Fire Department:
40. Due to the proposed mixed-use commercial/residential, NFPA 13 Fire Sprinkler System shall be
required throughout the entire structure (all floors and uses).
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
41. 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.
42. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of
the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area shown
on the Site Plan are for planning purposes only.
43. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the City
of Carlsbad Municipal Code to the satisfaction of the City Engineer.
44. Subdivider shall comply with Section 20.16.040(D) of the Carlsbad Municipal Code regarding the
undergrounding of existing overhead utilities.
NOTICE TO APPLICANT
Per California Assembly Bill 2097, the city is prohibited from requiring parking for projects located within
one-half mile of a major transit stop. The intent of this legislation is to provide flexibility for project design,
concurrent with planning studies that have shown that parking should be market driven. Developers could
still voluntarily provide onsite parking, but the number of parking spaces provided will be based on builder
preference and market demand, not by city-established minimum parking standards.
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."
You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section 66020(a) and
file the protest and any other required information with the City Manager for processing in accordance
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
SDP 2022-0018 (DEV2022-0229) -725 ARBUCKLE
July 15, 2024
Page 11
with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any
subsequent legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other
similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute
of limitations has previously otherwise expired.
This decision may be appealed by you or any other member of the public to the Planning Commission
within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division at
1635 Faraday Avenue in Carlsbad, along with a payment of $900.00. The filing of such appeal within such
time limit shall stay the effective date of the order of the City Planner until such time as a final decision
on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Jason
Goff, Senior Planner at (442) 339-2643.
Sincerely,
O:JG:cf
c: Angela Klein, HHA Development LLC, 2683 State Street, Carlsbad, CA 92008
Eric Lardy, City Planner
David Rick, Project Engineer
Laserfiche/File Copy
Data Entry
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600