HomeMy WebLinkAboutMS 13-06; 1811 Oak Avenue; Minor Subdivision (MS)(~CARlSBAD
Community & Economic Development ·
January 23, 2014
Mark Brencick
9555 Genesee Avenue
San Diego, CA 92121
www.carlsbadca.gov
SUBJECT: TENTATIVE PARCEL MAP-MS 13-06-1811 OAK AVENUE-Request for approval of a
Tentative Parcel Map MS 13-06; to subdivide an existing 1.03 acre parcel into four parcels at 1811 Oak
Avenue, in the R-1 Zone and in Local Facilities Management Zone 1.
Dear Mr. Brencick,
The City Planner has completed a review of the application for a tentative parcel map located at 1811
Oak Avenue.
The City Planner has made a decision pursuant to Section 20.24.120 of the City of Carlsbad Municipal
Code to approve this tentative parcel map based on the findings and subject to the conditions listed
below.
Findings:
1. That the City Planner has determined that the project 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 residential; is being subdivided irito four or
fewer parcels; no variances are needed for the subdivision; all services for the lots are
available; the parcel was not part of a larger subdivision within the last two years; and the
parcel does not have an average slope greater than 20 percent.
2. 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 RLM General Plan Land Use
designation allows for residential one-family lots. The lots being created satisfy all minimum
requirements of Titles 20 and 21 regarding lot sizes and configuration and have been designed
to comply with all other applicable regulations.
3. That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for Residential Low-Medium {RLM) density development
on the General Plan, in that the subject property is surrounded by existing single-family homes
and is currently developed with one single-family home. The creation of four total lots would
Planning Division
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559
MS 13-06-1811 OAK AVENUE
January 23, 2014
Page 2
provide for four single-family homes which would result in a project density of 4.12 dwelling
units per acre (du/ac) which is above the density range allowed by the RLM designation (0-4
du/ac) and the Growth Management Control Point (3.2 du/ac). However, as discussed below,
the Carlsbad General Plan allows up to 5 units per acre in certain cases.
4. 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 meets all development standards and design criteria required
by the R-1 zone for the creation of four standard lots including but not limited to
requirements for access, minimum lot size, lot width and setbacks.
5. 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
delineated and preserved on the parcel map, all existing easements of record.
6. That the property is not subject to a contract entered into pursuant to the Land Conservation
Act of 1965 (Williamson Act).
7. 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 are at least 2,000 square feet
larger than the minimum lot size required by the R-1 zone, and future structures have
flexibility in design to take advantage of shade or prevailing breezes.
8. 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 and the project
has been conditioned to pay housing in-lieu fees.
9. 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 does not contain any significant habitat and no significant
wildlife or habitat will be impacted by the project.
10. That the discharge of waste from the subdivision will not result in violation of existing California
Regional Water Quality Control Board requirements, in that the project has been designed in
accordance with the 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.
11. 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 RLM (0-4 dwelling units per acre
(du/ac) with a 3.2 du/ac Growth Management Control Point density). The property has a net
area of 42,319.50 square feet (.97 acre) and at the RLM Growth Management Control Point
(3.2 du/ac), 3.1 dwelling units are allowed. The project's proposed density of 4.12 du/ac is
above the density range allowed by the RLM designation and the Growth Management
/'
'
MS 13-06-1811 OAK AVENUE
January 23, 2014
Page 3
Control Point used for the purposes of calculating the City's compliance with Government
Code Section 6S863. However, the Land Use Element of the Carlsbad General Plan recognizes
that there are exceptional cases where the base zone (R-1) is consistent with the Land Use
designation (RLM) but would permit a slightly higher yield (maximum of S du/ac) then that
recommended in the low-medium density residential classification provided three findings are
made. All of the three findings can be made as follows: the project is compatible with the
General Plan; the project either incorporates the necessary infrastructure or is conditioned to
provide it; and, the proposed project density is 4.12 du/acre, which is less than the General
Plan Land Use policy which allows a 25% increase up to 5 du/acre. Furthermore, City Council
Policy No. 43 "Excess Dwelling Unit Bank" includes the same exceptional case provision to
allow for the withdrawal of 0.9 of a dwelling unit from the bank.
12. 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 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.
13. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
14. The City Planner 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 specifically stated in the condition, all of the following conditions, upon the approval of
this tentative parcel map, must be met prior to approval of a final parcel map, building permit, or
grading permit, whichever is first.
Planning
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
MS 13-06 – 1811 OAK AVENUE
January 23, 2014
Page 4
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 Tentative
Parcel Map.
2. Approval is granted for MS 13-06 as shown on Exhibits “A” – “J”, dated January 22, 2014, on file
in the Planning Division and incorporated herein by reference. Development shall occur
substantially as shown unless otherwise noted in these conditions.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the 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. 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 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. Developer shall submit to the Planning Division a reproducible 24” x 36,” mylar copy of the
Tentative Parcel Map reflecting the conditions approved by the final decision-making body.
8. Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from the Carlsbad School District that this project has satisfied its obligation to provide
school facilities.
MS 13-06-1811 OAK AVENUE
January 23, 2014
Page 5
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. A note to this effect shall be placed on the Final
Map.
11. At issuance of building permits, or prior to the approval of a final map and/or issuance of
certificate of compliance for the conversion of existing apartments to air-space condominiums,
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.
12. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan
showing conformance with the approved Preliminary Landscape Plan and the City's Landscape
Manual. Developer shall construct and install all landscaping and irrigation as shown on the
approved Final Plans. 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.
13. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape
plancheck process on file in the Planning Division and accompanied by the project's building,
improvement, and grading plans.
14. 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 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.
15. Prior to the approval of the final map, owner/applicant 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 Tentative Parcel Map on the real property owned by the owner/applicant. 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 owner/applicant or successor in interest.
MS 13-06-1811 OAK AVENUE
January 23, 2014
Page 6
16. 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.
17. This project has been found to result in impacts to wildlife habitat or other lands, such as
agricultural land, non-native grassland, and disturbed lands, which provide some benefits to
wildlife, as documented in the City's Habitat Management Plan and the environmental analysis
for this project. Developer is aware that the City has adopted an In-lieu Mitigation Fee
consistent with Section E.6 of the Habitat Management Plan and City Council Resolution No.
2000-223 to fund mitigation for impacts to certain categories of vegetation and animal species.
The Developer is further aware that the City has determined that all projects will be required to
pay the fee in order to be found consistent with the Habitat Management Plan and the Open
Space and Conservation Element of the General Plan. Developer or Developer's successor(s) in
interest shall pay the fee for .8 acres of disturbed lands prior to recordation of a final map, or
issuance of a grading permit or building permit, whichever occurs first. If the In-lieu Mitigation
Fee for this project is not paid, this project will not be consistent with the Habitat Management
Plan and the General Plan and any and all approvals for this project shall become null and void.
18. This approval is granted subject to the approval of HDP 13-02 and is subject to all conditions
contained in the approval letter dated January, 22, 2014.
Engineering
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. Unless a standards variance has been issued, no variance from city standards is authorized by
virtue of approval ofthis tentative parcel map.
22. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time building permits are issued.
MS 13-06-1811 OAK AVENUE
January 23, 2014
Page 7
Fees/Agreements
23. 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.
24. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city's standard form Drainage Hold Harmless Agreement.
25. Developer is required to pay all required fees and deposits prior to approval of the parcel map.
26. Developer shall pay the Planned Local Drainage Area Fee prior to approval of the parcel map.
27. Developer shall pay or post security for park-in-lieu fees to the city prior to approval of the
parcel map as required by Chapter 20.44 of the Carlsbad Municipal Code.
28. Prior to approval of any grading or building permits for this project, developer shall cause owner
to give written consent to the city engineer for the annexation of the area shown within the
boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping
District No. 1 and/or to the formation or annexation into an additional Street Lighting and
Landscaping District. Said written consent shall be on a form provided by the city engineer.
29. Prior to issuance of building permits, or grading permit, whichever occurs first, 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
30. 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 for city engineer review, post security and pay all applicable
grading plan review and permit fees per the city's latest fee schedule.
31. 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.
32. Developer shall complete and submit to the city engineer a Project Threat Assessment Form
(PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, developer shall also
submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level
MS 13-06-1811 OAK AVENUE
January 23, 2014
Page 8
Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all 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.
33. Developer shall incorporate measures with this project to comply with Standard Stormwater
Requirements per the city's Standard Urban Stormwater Management Plan (SUSMP). These
measures include, but are not limited to: 1) reducing the use of new impervious surfaces (e.g.:
paving), 2) designing drainage from impervious surfaces to discharge over pervious areas (e.g.:
turf, landscape areas), 3) and designing trash enclosures to avoid contact with storm runoff, all
to the satisfaction of the city engineer.
Dedications/Improvements
34. Developer shall cause owner to submit to the city engineer for recordation covenant of
easement for private sewer purposes as shown on the tentative parcel map. Developer shall pay
processing fees per the city's latest fee schedule.
35. Developer shall cause owner to submit to the city engineer for recordation a covenant of
easement for private drainage purposes as shown on the tentative parcel map. Developer shall
pay processing fees per the city's latest fee schedule.
36. Developer shall cause owner to dedicate to the city and/or other appropriate entities for public
street & public utility purposes as shown on the tentative parcel map. The offer shall be made
by a certificate on the parcel map. 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.
37. 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.
38. · 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 20.28.070 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. Installation of curb, gutter, pervious and impervious sidewalk, driveway
approaches and street pavement and base on Oak Street and Canyon Street
project frontage. Subject to the city engineer's discretion based on pavement
conditions, either two inch cold mill With new asphalt concrete or a slurry seal
coat shall extend between the street centerline of Oak Street and the new
pavement.
MS 13-06-1811 OAK AVENUE
January 23, 2014
Page 9
B. Installation of a new on-site concrete brow ditch and curb outlet to replace
the existing off-site brow ditch that transfers drainage from Oak Avenue to
Canyon Street.
C. Installation of a new sewer main and related facilities in Canyon Street.
D. Relocation of existing power pole in Oak Avenue.
Developer shall pay the standard improvement plan check and inspection fees. 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.
39. Prior to issuance of building permits or a grading permit, whichever occurs first, 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.
40. Developer shall cause owner to either abandon on the parcel map the 30-foot width of public
right-of-way between Oak Avenue and Canyon Street or process a street vacation by separate
instrument, all as shown on the tentative parcel map. A 20-foot wide public drainage, utility
and access easement shall be dedicated as shown on said map.
41. Developer shall cause owner to dedicate to the city and/or other appropriate entities a public
pedestrian easement at the same location as the abandoned 30-footwide public right-of-way.
The width of said easement shall be determined by the city engineer prior to recordation of
the parcel map but shall not exceed 30 feet. The offer shall be made by a certificate on the
parcel map. All land so offered shall be free and clear of all liens and encumbrances and
without cost to the city. Developer shall construct a pedestrian accessway between Oak
Avenue and Canyon Street subject to the city engineer's approval.
42. The developer shall determine if the project contributes any downstream impacts to the
drain.age structures in Canyon Street. Analysis shall include determining the capacity of the
curb inlet at the end of the Canyon Street cul-de-sac and mitigating (i.e. widening the curb
inlet opening) as needed.
43. Developer shall accept the continued uninterrupted flow of drainage discharge from Lot 2 of
map 12203 (1880 Canyon Place) to the subject property. Such acceptance of drainage shall be
established by recording documentation, subject to the city engineer's approval, through the
county recorder's office.
44. Developer shall cause owner to waive direct access rights on the parcel map from Parcell to
Oak Avenue.
MS 13-06-1811 OAK AVENUE
January 23, 2014
Page 10
NoncMapping Notes
45. Add the following notes to the final 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 20.28.070 to install public
improvements shown on the tentative parcel map. These improvements include, but
are not limited to:
i) Installation of curb, gutter, sidewalk, driveway approaches and street
pavement and base on Oak Street and Canyon Street project frontage.
Subject to the city engineer's discretion based on pavement
conditions, either two inch cold mill with new asphalt concrete or a
slurry seal coat shall extend between the street centerline of Oak
Street and the new pavement.
ii) Installation of a new on-site concrete brow ditch and curb outlet to
replace the existing off-site· brow ditch that transfers drainage from
Oak Avenue to Canyon Street.
iii) Installation of a new sewer main and related facilities in Canyon
Street.
iv) Relocation of existing power pole in Oak Avenue.
B. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
C. Geotechnical Caution:
1) 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.
MS 13-06-1811 OAK AVENUE
January 23, 2014
Page 11
Utilities
46. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
47. 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.
48. The developer shall 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.
49. The developer shall design and construct public water, sewer, and recycled water facilities
substantially as shown on the tentative parcel map to the satisfaction of the district engineer
and city engineer.
50. The developer shall provide separate potable water meters for each separately owned unit
within this subdivision.
CODE REMINDERS:
51. 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.
52. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
53. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050
of the Carlsbad Municipal Code.
54. 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.
55. 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) shown
on the tentative parcel map are for planning purposes only.
56. This tentative parcel map shall expire two years from the date on which the city planner
approves this application unless extended per Chapter 20.24.180 of the Carlsbad Municipal
Code.
MS 13-06 -1811 OAK AVENUE
January 23, 2014
Page 12
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."
You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section 66020(a)
and file the protest and any other required information with the city manager for processing in
accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will
bar any subsequent legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges; to planning, zoning, grading, or other
similar application processing or service fees in connection with this project; or 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 $651.00. 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 the Project Planner, Chris Garcia, at 760-602-4622.
Sincerely,
CHRIS DeCERBO
Principal Planner
CD: CG:fn
c: Brad Termini, c/o 117050 Sorrento Valley Rd, Suite 130, San Diego, CA 92121
Don Neu, City Planner
David Rick, Project Engineer
Chris DeCerbo, Principal Planner
File Copy
Data Entry