HomeMy WebLinkAboutMS 15-09; Valley Street Subdivision; Minor Subdivision (MS){'city of
Carlsbad
October 13, 2015
RUZAM, llC
3556 Valley Street
Carlsbad, CA 92008
SUBJECT: MS 15-09 -VAllEY STREET SUBDIVISION -Request for approval of Tentative Parcel
Map MS 15-09 to subdivide an existing 0.79 acre parcel into three parcels with areas of
11,502 square feet, 11,880 square feet and 11,360 square feet in size at 3679 Valley
Street, in the R-1 Zone and in local Facilities Management Zone 1. The City Planner has
determined that this project is exempt from the requirements of the California
Environmental Quality Act (CEQA) pursuant to Section 15315 "Minor land Divisions" of
the State CEQA Guidelines and will not have any adverse significant impact on the
environment.
Dear Josh Mazur,
The City Planner has completed a review of the application for a Tentative Parcel Map located at 3679
Valley Street. The existing parcel contains one single-family home and the subdivision will create three
residentially zoned parcels with the existing home being preserved on one of the three parcels. The
remaining two parcels will be available for the construction of one one-family dwelling on each parcel
under the current R-1 zoning designation.
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: i."
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 Divisions) 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 into four or fewer
parcels; no variances are needed for the subdivision; all services for the parcels are available; the
parcel was not part of a larger subdivision within the last two years; and the 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 Residential low-Medium density
(RlM} General Plan land Use designation allows for residential one-family lots. The parcels being
created satisfy all minimum requirements of Titles 20 and 21 regarding lot sizes and configuration
and !lave been desigl1!1d to1comply with all other applicable regulations. Commumty & Economic oeve opment
Planning Division j1635 Faraday Avenue Carlsbad, CA 92008-73141760·602·4600 1760-602·8560 f I www.carlsbadca.gov
MS 15-09-VALLEY STREET SUBDIVISION
October 13, 2015
Pa e 2
3. That the proposed project is compatible with the surrounding future land uses since other
properties located along Valley Street and Magnolia Avenue are also designated for Residential
Low-Medium {RLM) density development on the General Plan, and that the subject property is
bordered by existing single-family homes to the north and east, Valley Middle School to the south,
Carlsbad Village Academy to the west and is currently developed with one single-family home.
The three lot subdivision will provide for one single-family dwelling unit per lot consistent with
the R-1 zone.
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 three 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 will delineate and
preserve on the tentative 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
196S (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 large lots provide ample area to take
advantage of prevailing breezes and allow for passive or natural solar heating and cooling
opportunities for future dwelling units.
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 site 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 lot area of 0.79
acres and at the RLM Growth Management Control Point, 2.52 dwelling units are allowed. The
project's proposed density of 3.8 du/ac is above the density range allowed by the RLM
designation and the Growth Management Control Point used for the purposes of calculating the
MS 15-09-VALLEY STREET SUBDIVISION
October 13, 2015
Pa e3
City's compliance with Government Code Section 65863. 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 5 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 3.8 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 0.6 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 Planning Commission hereby finds that all development in Carlsbad benefits from the Habitat
Management Plan, which is a comprehensive conservation plan and implementation program that
will facilitate the preservation of biological diversity and provide for effective protection and
conservation of wildlife and plant species while continuing to allow compatible development in
accordance with Carlsbad's Growth Management Plan. Preservation of wildlife habitats and
sensitive species is required by the Open Space and Conservation Element of the City's General Plan
which provides for the realization of the social, economic, aesthetic and environmental benefits
from the preservation of open space within an increasingly urban environment. Moreover, each new
development will contribute to the need for additional regional infrastructure that, in turn, will
adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on all new development
within the City is essential to fund implementation of the City's Habitat Management Plan.
15. 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.
MS 15-09-VALLEY STREET SUBDIVISION
October 13, 2015
Page 4
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 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 15-09 as shown on Exhibits "A-B", dated October 13, 2015, 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 orfacilities, 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 contemp.lated 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 Planning Division a reproducible 24" x 36," mylar copy of the (Tentative
Parcel Map) reflecting the conditions approved by the final decision-making body.
MS 15-09-VALLEY STREET SUBDIVISION
October 13, 2015
Pa e 5
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 Plim 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 (a total of two, or three .if the existing home
is demolished and building permits to replace that home are not applied for within two years) as
an individual fee on a per market rate dwelling unit basis in the amount in effect at the time, as
established by CiW Council Resolution from time to time.
12. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License
Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special
tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040.
Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to
Chapter 21.90. All such taxes/fees shall be paid at imiance of building permit. If the taxes/fees are
not paid, this approval will not be consistent with the General Plan and shall become void.
13. Developer shall report, in writing, to the City Planner within 30 days, any address change from that
which is shown on the permit application, any change in the telecommunications provider, or any
transfer in ownership ofthe site.
14. Prior to the approval of the final map, 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 Tentative Parcel Map by 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 Developer or successor in interest.
15. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities District
or other financing mechanism which is inconsistent with City Council Policy No. 38, by allowing a
pass-through of the taxes or fees to individual home buyers, then in addition to any other disclosure
required by law or Council policy, the Developer shall disclose to future owners in the project, to the
maximum extent possible, the existence of the tax or fee, and that the school district is the taxing
agency responsible for the financing mechanism. The form of notice is subject to the approval of
the City Planner and shall at least include a handout and a sign inside the sales facility stating the
fact of a potential pass-through of fees or taxes exists and where complete information regarding
those fees or taxes can be obtained.
MS 15-09-VALLEY STREET SUBDIVISION
October 13, 2015
Page 6
16. 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
0.69 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.
17. Prior to the approval of a final map or certificate of compliance, a two car garage consistent with
Chapter 21.44 of the CMC must be constructed within the boundaries on Parcel 3 to serve the
existing home located at 3679 Valley Street.
18. Prior to the approval of a final map or certificate of compliance, the existing accessory structure
located on Parcel 2 must be either removed or a building permit to convert the use to a residential
dwelling unit must be approved by the building department.
Engineering
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of
this proposed subdivision, must be met prior to approval of a final map, building permit or
grading permit whichever comes 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. Developer shall submit to the city engineer an acceptable instrument, via CC&R's and/or other
recorded document, addressing the maintenance, repair, and replacement of shared private
improvements within this subdivision, including but not limited to private drainage facilities located
therein and to distribute the costs of such maintenance in an equitable manner among the owners
of the properties within this subdivision.
22. Developer shall prepare, submit and process for city engineer approval a parcel map to subdivide
this project. There shall be one parcel map recorded for this project. Developer shall pay the city
standard map review plan check fees.
MS 15-09-VALLEY STREET SUBDIVISION
October 13, 2015
Pa e 7
Fees/ Agreements
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 execute, and submit to the city engineer for recordation,
a city standard deed restriction on the property which relates to the proposed cross lot drainage
as shown on the tentative map. The deed restriction document shall:
A. Clearly delineate the limits of the drainage course; and
B. State that the drainage course is to be maintained in perpetuity by the underlying
property owner; and
C. State that all future use of the property along the drainage course will not restrict,
impede, divert or otherwise alter drainage flows in a manner that will result in damage
to the underlying and adjacent properties or the creation of a public nuisance.
26. 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.
Grading
27. Based upon a review of the proposed grading, the drainage patterns and the proposed private
drainage easement shown on the tentative 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.
28. Developer acknowledges that, pursuant to Order No. R9-2013-0001 issued by the California
Regional Water Quality Control Board, new storm water requirements become effective near
the end of 2015, and affect the design of this project. Prior to construction, Developer shall
demonstrate compliance with latest storm water requirements to the satisfaction of the city
engineer.
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.
MS 15-09-VALLEY STREET SUBDIVISION
October 13, 2015
Page 8
30. 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
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 . . ,
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 demonstrate how this project meets new/current storm water treatment
requirements per the city's Standard Urban Storm Water Management Plan (SUSMP), latest
version or BMP Design Manual in effect at the time of submittal. In addition to new treatme.nt
control BMP selection criteria in the SUSMP, the developer shall use low impact development
(site design) approaches to ensure that runoff from impervious areas (roofs, pavement, etc.) are
drained through landscaped (pervious) areas prior to discharge. Developer shall pay all
applicable SWMP 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, and Low Impact
Design (LID) facilities.
Dedications/Improvements
33. 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 map. Developer shall pay
processing fees per the city's latest fee schedule.
34. Developer shall design the private drainage systems, as shown on the tentative 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.
35. Developer shall prepare and process public improvement plans and, prior to city engineer
approval of said plans, shall execute a city standard Subdivision Improvement Agreement to
install and shall post security in accordance with C.M.C. Section 20.16.070 for public
improvements shown on the tentative 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. Curb, gutter, sidewalk, curb outlet and driveway approaches.
B. Potable water services and water meters.
C. Sewer services.
D. Street lights.
E. Street trees.
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.
'·
MS 15-09-VALLEY STREET SUBDIVISION
October 13, 2015
Page 9
36. Prior to issuance of building permits, developer shall install separate sewer services to each unit
proposed by this tentative parcel map. Sewer services shall be provided to the satisfaction of
the city engineer.
Non-Mapping Notes
37. Add the following notes to the final map as non-mapping data: •
Utilities
A. Developer has executed a city standard Subdivision Improvement Agreement and has
posted security in accordance with C.M.C. Section 20.16.070 to install public
improvements shown on the tentative map[. These improvements include, but are not
limited to:
A. Curb, gutter, sidewalk, curb outlet and driveway approaches.
B. Potable water services and water meters.
C. Sewer services.
D. Street lights.
E. Street trees.
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. 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.
38. Developer shall meet with the fire marshal to determine fire protection measures (fire flows;
fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if
required, shall be considered public improvements and shall be served by public water mains to
the satisfaction of the district engineer.
39. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
40. Developer shall install potable 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 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.
42. The developer shall provide separate potable water meters for each separately owned parcel
within this subdivision.
MS 15-09-VALLEY STREET SUBDIVISION
October 13, 2015
Page 10
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following: .
43. 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.
44. 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.
45. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section
13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips {ADT) and
floor area contained in the staff report and/or shown on the Tentative Parcel Map are for
planning purposes only.
46. Developer shall pay park-in-lieu fees to the city, prior to the approval of the final parcel map as
required by Chapter20.44 of the Carlsbad Municipal Code.
47. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
48. Prior to the issuance of a building permit, Developer shall pay the local Facilities Management
fee for Zone 1 as required by Carlsbad Municipal Code Section 21.90.050.
49. 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.
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
MS 15-09-VALLEY STREET SUBDIVISION
October 13, 2015
Page 11
at 1635 Faraday Avenue in Carlsbad, along with a payment of $638.00. 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, Greg Fisher, at 760-602-4629.
Sincerely,
Q.~ ,,
Principal Planner
VL:GF:bd
c: Don Neu, City Planner
Greg Fisher, Project Planner
Steven Bobbett, Project Engineer
Fire Department, Gregory Ryan
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