HomeMy WebLinkAboutPUD 05-19; ADAMS STREET SUBDIVISION; Admin Decision Letter,. c c FILE COPY 11,,q.o~
City of Carlsbad
l@Fihh•h~l•J4•tiiU,140M
November 19, 2008
Dr. Ben & Eunice Medina, Dr. David Graham
P.O. Box 1766
Bonita, CA 91908
SUBJECT: PLANNED DEVELOPMENT PERMIT (PUD 05-19) -ADAMS STREET
SUBDIVISION
The City has completed its review of a Planned Development Permit for the subdivision, grading and
development of a 1.08-acre site into two (2) residential parcels, one (1) common area parcel, and
one (1) open space parcel; and the construction of two single-family residences on property
generally located on the south side of Adams Street along the north shore of the Aqua Hedionda
Lagoon between Highland Drive and Park Drive within the Agua Hedionda Segment of the Local
Coastal Program and Local Facilities Management Zone 1.
It is the Planning Director's determination that based on the attached findings and conditions of
approval; the project is consistent with the City of Carlsbad Planned Development Regulations
(Chapter 21.45 of the Carlsbad Municipal Code) and with all other applicable City Ordinances and
Policies.
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This letter, including the listed findings and conditions of approval, constitutes approval of a Planned
Development Permit (PUD 05-19) for the Adams Street Subdivision.
Findings:
1. That the proposed project complies with all applicable development standards included
within Chapter 21.45, in that the proposed lots comply with the minimum lot sizes,
visitor parking is provided onsite, and the homes are set back appropriately from their
respective property lines, do not exceed the maximum building height, and are
covering less than 40% of the net pad area.
2. That the proposed project's density, site design, and architecture are compatible with
surrounding development, in that the site is surrounded to the north and east by single-
family residential uses at similar densities, Open Space to the south, and a vacant
RLM General Plan designated parcel to the west. The site design proposes clustering
of development in the northeasterly portion of the site, and incorporates a 100 ft.
setback from wetlands that are located along the shore of the Agua Hedionda Lagoon,
and also proposes a 20 ft. upland habitat buffer from development. The proposed
architecture is considered custom and has been designed to step with topography
and follow the natural terrain. _The architecture considers visual resources and the
building heights for both residences have been sited below the street elevation of
Adams Street to preserve lagoon view and distant ocean views.
3. The City Council finds that the project, as conditioned herein, is in conformance with the
Elements of the City's General Plan, based on the facts set forth in the staff report for the
ADAMS STREET SUBDIVISION -GPA 06-08/ZC 06-07/LCPA 06-08/HDP 05-12N 07-
03/HMP 07-04 dated October 1, 2008 including, but not limited to the following:
1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.cl.carlsbad.ca.us @
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PUD 05-19 -ADAMS STREET SUBDIVISION
November 19, 2008
Page2
a. The proposed density of 1.85 dwelling units per acre (2 du) is within the RLM
density range of 0-4 du/ac, a.nd below the RLM GMCP of 3.2 du/ac used for the
purpose of calculating the City's compliance with Government Code Section
65863. At the RLM GMCP, 2.56 units would be permitted on this 0.8 acre (net
developable) property. However, consistent with Program 3.8 of the City's
certified Housing Element, all of the dwelling units which were anticipated
toward achieving the City's share of the regional housing need that are not
utilized by developers in approved projects, including fractional units, are
deposited in the City's Excess Dwelling Unit Bank. These excess dwelling
units (0.56 DUs) are available for allocation to other projects. Accordingly,
there is no net loss of residential unit capacity and there are adequate
properties identified in the Housing Element allowing residential development
with a unit capacity, including second dwelling units, adequate to satisfy the
City's share of the regional housing need;
b. The project is designating high-priority resource areas in an open space Parcel
3 (as shown on MS 05-29);
c. Provisions for affordable housing are made in the form of in-lieu fees paid
prior to the issuance of a building permit;
d. The project includes or has been conditioned to provide facilities to ensure
that the development proposal complies with all applicable Public Safety
Requirements;
e. The project preserves, protects and enhances those areas of the City that
provide unique and special open space functions, including, but not limited to,
cultural and visual amenities, active and passive recreational uses, landmarks,
buffers between incompatible land uses, wildlife habitats, and unique and
desirable vegetation in that, a separate 0.6-acre open space Parcel 3 is
provided between the proposed residences and the boundaries of the Agua
Hedionda Lagoon; a 20 ft. wide upland habitat buffer along with a 100 ft. wide
wetland buffer is provided between the proposed development area and both
the preserved habitat and wetland habitat areas; the visual beauty of the Agua
Hedionda Lagoon and Pacific Ocean is maintained through restricting building
height and requiring that all proposed structures are constructed below the
street elevation of Adams Street; and active and passive public recreational
uses are provided in the form of an 8 ft. wide public bicycle/pedestrian trail
consistent with those which have been conditioned and developed on other
adjacent parcels located along the Agua Hedionda Lagoon east of the site;
f. The project will utilize Best Management Practices for control of storm water
and to protect water quality, in that it will conform to all applicable NPDES
requirements; and
g. Circulation improvements to Adams Street along the project frontage will
include an additional 8.2 ft. width of travel lane, an 8 ft. wide pedestrian
sidewalk, and protective guard rail separating the sidewalk and vehicular travel
lanes.
4. 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;
), PUD 05-19 -ADAMS s\ .K.t£T SUBDIVISION
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November 19, 2008
Page 3
drainage; circulation; fire; schools; parks and other recreational facilities; libraries;
government administrative facilities; and open space, related to the project will be installed to
serve new development prior to or concurrent with need. Specifically,
a. The project has been conditioned to provide proof from the Carlsbad Unified School
District that the project has satisfied its obligation for school facilities.
b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be
collected prior to issuance of building permit.
c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
d. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal
Code Section 21.90.050 and will be collected prior to issuance of building permit.
5. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code
Section 14.28.020 and Landscape Manual Section I 8).
6. That the City has adopted a Citywide Trails Program and a segment of the trail network is
associated with this project. The applicant shall prepare and submit a trail plan for approval
by the Park and Recreation Director prior to construction. Construction shall be inspected to
ensure conformity with the Standards for Design and Construction of Public Works
Improvements in the City of Carlsbad ("Standards"); Trail Construction Standards; and the
approved plans.
7. The Planning Director has determined that:
a. the project is a(n) project for which a Mitigated Negative Declaration and a
Mitigation Monitoring and Reporting Program -ADAMS STREET SUBDIVISION
-GPA 06-08, ZC 06-07, LCPA 06-08, PUD 05-19, HOP 05-12, V 07-03, HMP 07-04,
and MS 05-29 was previously adopted [15162];
b. this project is consistent with the project/plan cited above;
c. a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting
Program was adopted by the City Council on November 18, 2008 in connection
with the prior project or plan;
d. the project has no new significant environmental effect not analyzed as significant in
the prior Mitigated Negative Declaration; and
e. none of the circumstances requiring a Subsequent Mitigated Negative Declaration
under CEQA Guidelines Sections 15162 or 15163 exist.
8. The Planning Director has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed to
mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final parcel map
. recordation or issuance of a grading permit, whichever occurs first.
PUD 05-19-ADAMS STREET SUBDIVISION
November 19, 2008
Page4
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
Planned Development Permit.
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2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Planned Development Permit 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.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the paiment of
any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid, this approval shall be invalid unless
the City Council determines that the project without the condition complies with all
requirements of law.
5. Developer shall implement, or cause the implementation of, the ADAMS STREET
SUBDIVISION -GPA 06-08/ZC 06-07/LCPA 06-08/PUD 05-19/HDP 05-12N 07-03/HMP
07-04/MS 05-29 Project Mitigation Monitoring and Reporting Program.
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 Planned Development Permit,
(b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby, including
without limitation, any and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions.
· 7. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of the
Site Plan reflecting the conditions approved by the final decision-making body.
8. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced
legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including
any applicable Coastal Commission approvals) ..
9. Prior to the issuance of a building permit, the Developer shall provide proof to the Director
from the Carlsbad Unified School District that this project has satisfied its obligation to
provide school facilities.
PUD 05-19 -ADAMS s\ JiliET SUBDIVISION
November 19, 2008
Page 5
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10. This project shall comply with all conditions and mitigation measures which are required as
part of the Zone 1 Local Fadlities Management Plan and any amendments made to that Plan
prior to the issuance of building permits.
11. This approval is granted subject to the approval of the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program, GPA 06-08, ZC 06-07, LCPA 06-08, HDP
05-12, V 07-03, and HMP 07-04 and is subject to all conditions contained in Planning
Commission Resolutions No. 6474, 6475, 6476, 6477, 6478, 6479, and 6480 for those other
approvals incorporated herein by reference.
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12. This approval is granted subject to the approval of the Minor Subdivision (MS 05-29) and is
subject to all conditions contained in the City Engineer's approval letter for this other
approval incorporated herein by reference.
13. This approval shall become null and void if building permits are not issued for this project
within 4 years from the date of City Council's approval of GPA 06-08, ZC 06-07, and
LCPA 06-08.
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 s:09.030,
and CFO #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 issuance of the grading permit, Developer shall submit to the City a Notice of
Restriction executed by the owner of the real property to be developed. Said notice is to be
filed in the office of the County Recorder, subject to the satisfaction of the Planning Director,
notifying all interested parties and successors in interest that the City of Carlsbad has issued
a(n) Planned Development Permit (PUD 05-19) by Planning Director approval, and a
Hillside Development Permit (HDP 05-12), Variance (V 07-03), and Habitat Management
Permit (HMP 07-04) by Resolution(s) No. 6478, 6479, and 6480 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 Planning Director 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. ·
16. 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.
17. Developer shall submit and obtain Planning Director 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 as shown on
the approved Final Plans, and maintain all landscaping in a healthy and thriving condition,
free from weeds, trash, and debris.
PUD 05-19 -ADAMS STREET SUBDIVISION
November 19, 2008
Page 6
18. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape
plancheck process on file in the Planning Department and accompanied by the project's
building, improvement; and grading plans.
19. The project shall be required to use efficient irrigation systems and landscape
designs or other methods to minimize or eliminate dry weather flow in accordance
with Carlsbad Municipal Code Section 21.203.040. The Final Landscape and Irrigation
Plans shall address these requirements as approved by the City of Carlsbad Planning
Director.
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20. Developer shall establish a homeowner's association and corresponding covenants,
conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved by the
Planning Director prior to final map approval. Prior to issuance of a building permit, the
Developer shall provide the Planning Department with a recorded copy of the official CC&Rs
that have been approved by the Department of Real Estate and the Planning Director. At a
minimum, the CC&Rs shall contain the following provisions:
a. General Enforcement by the City. The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in favor
of, or in which the City has an interest.
b. Notice and Amendment. A copy of any proposed amendment shall be provided to
the City in advance. If the proposed amendment affects the City, City shall have the
right to disapprove. A copy of the final approved amendment shall be transmitted to
City within 30 days for the official record.
c. Failure of Association to Maintain Common Area Lots and Easements. In the event
that the Association fails to maintain the "Common Area Lots and/or the
Association's Easements" as provided in Article , Section ____ _
the City shall have the right, but not the duty, to perform the necessary maintenance.
If the City elects to perform such maintenance, the City shall give written notice to the
Association, with a copy thereof to the Owners in the Project, setting forth with
particularity the maintenance which the City finds to be required and requesting the
same be carried out by the Association within a period of thirty (30) days from the
giving of such notice. In the event that the Association fails to carry out such
maintenance of the Common Area Lots and/or Association's Easements within the
period specified by the City's notice, the City shall be entitled to cause such work to
be completed and shall be entitled to reimbursement with respect thereto from the
Owners as provided herein.
d. Special Assessments Levied by the City. In the event the City has performed the
necessary maintenance to either Common Area Lots and/or Association's
Easements, the City shall submit a written invoice to the Association for all costs
incurred by the City to perform such maintenance of the Common Area Lots and or
Association's Easements. The City shall provide a copy of such invoice to each
Owner in the Project, together with a statement that if the Association fails to pay
such invoice in full within the time specified, .the City will pursue collection against the
Owners in the Project pursuant to the provisions of this Section. Said invoice shall
be due and payable by the Association within twenty (20) days of receipt by the
Association. If the Association shall fail to pay such invoice in full within the period
specified, payment shall be deemed delinquent and shall be subject to a late charge
in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the
City may pursue collection from the Association by means of any remedies available
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PUD 05-19-ADAMS S1Kb£T SUBDIVISION
November 19, 2008
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Page 7
at law or in equity. Without limiting the generality of the foregoing, in addition to all
other rights and remedies available to the City, the City may levy a special
assessment against the Owners of each Lot in the Project for an equal pro rata share
of the invoice, plus the late charge. Such special assessment shall constitute a
charge on the land and shall be a continuing lien upon each Lot against which the
special assessment is levied. Each Owner in the Project hereby vests the City with
the right and power to levy such special assessment, to impose a lien upon their
respective Lot and to bring all legal actions and/or to pursue lien foreclosure
procedures against any Owner and his/her respective Lot for purposes of collecting
such special assessment in accordance with the procedures set forth in Article __
of this Declaration. · ---
e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit ___ _
21. Prior to recordation of the Final Parcel Map or issuance of a Grading Permit, whichever
occurs first, the Developer shall apply for and obtain approval of a Coastal Development
Permit issued by the California Coastal Commission or its successor in interest, that
substantially conforms to this approval. A signed copy of the Coastal Development Permit
must be submitted to the Planning Director. If the approval is substantially different, an
amendment to PUD 05-19 shall be required.
22. As a condition of this approval, applicant must comply with the requirements of all regulatory
agencies having jurisdiction over the project and any mitigation requirements of the
environmental documents for the project. Pursuant to Government Code section 65871 and
Carlsbad _Municipal Code Title 20, Chapter 20.04, section 20.04.140 applicant shall grant a
conservation easement for the conservation, protection, and management of fish, wildlife,
native plants and the habitat necessary for biologically sustainable populations of certain
species thereof, in accordance with the City's adopted Habitat Management Plan.
23. 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 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.
24. 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 CFO #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.
PUD 05-19 -ADAMS STREtff SUBDIVISION
November 19, 2008
Page 8
25. Prior to the issuance of any permits for the project, the applicant shall submit to the Planning
Director a digital copy of the biology report exhibits in Autocad DWG or ESRI-Shape-File
Format registered to CCS zone 6 NAO 83. The Planning Director has the discretion to waive
this condition based on factors such as the scope of the study and the format in which the
exhibits were prepared.
26. The project site is located in an area that may contain soil material that is suitable for beach
sand replenishment as defined in the Carlsbad Opportunistic Beach Fill program (COBFP)
adopted by the Planning Commission on May 17, 2006 (SUP 04-13). Prior to the issuance
of a grading permit, and as a part of the grading plan preparation, the d~veloper shall test the
soil material to be exported from the project site to determine the materials suitability for
sand replenishment pursuant to the requirements of the COBFP. If the material is deemed
suitable for beach replenishment the developer is encouraged to comply with the process
outlined in the COBFP to transport and place the beach quality material on the beach site
identified in the COBFP.
27. Prior to the recordation of the first final parcel map (MS 05-29) or the issuance of building
permit~. whichever occurs first, the Developer shall prepare and record a Notice that this
property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar
Airport, in a form meeting the approval of the Planning Director and the City Attorney (see
Noise Form #2 on file in the Planning Department).
28. Developer shall dedicate, on the final parcel map {MS 05-29), an open space easement for
those portions of Parcels 1 and 2 which are {identified as a 20 ft. upland habitat buffer) to
prohibit any encroachment or development, including but not limited to fences, walls, decks,
storage buildings, pools, spas, stairways, and landscaping, as shown in Exhibits "A" -
"DD".
29. Removal of native vegetation and development of Open Space Parcel 3, including but not
limited to fences, walls, decks, storage buildings, pools, spas, stairways, and landscaping,
other than that approved as part of (the grading plan, improvement plans, biological
revegetation program, landscape plan, etc.) as shown in Exhibits "A" -"DD", is specifically
prohibited, except upon written order of the Carlsbad Fire Department for fire prevention
purposes, or upon written approval of the Planning Director, and (California Coastal
Commission if in Coastal Zone), based upon a request from the Homeowners Association
accompanied by a report from a qualified arborist/botanist indicating the need to remove
specified trees and/or plants because of disease or impending danger to adjacent habitable
dwelling units. For areas containing native vegetation, the report required to accompany the
request shall be prepared by a qualified biologist.
30. Prior to recordation of the Final Parcel Map {MS 05-29) or issuance of a Grading Permit,
whichever occurs first, the Developer .shall provide an irrevocable offer of dedication to the
City of Carlsbad for a trail easement for trail(s) shown on the tentative parcel map {MS 05-
29) within Open Space Parcel 3. Prior to the issuance of any building permits, the trail shall
be constructed as a public trail for public use and accepted by the City of Carlsbad upon
adoption of a Citywide Trails Program that includes provisions for maintenance and liability.
31. Prior recordation of the Final Parcel Map {MS 05-29) or issuance of a Grading Permit,
whichever occurs first, the owner shall comply with the Agua Hedionda Local Coastal
Program -Land Use Plan Policy 7 {Shoreline Access), and dedicate a 25 ft. wide
lateral public access easement to the California Coastal Commission or their designee
as agreed to with the California Coastal Commission in order to accommodate the
proposed combination bicycle/pedestrian trail. ·
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PUD 05-19 -ADAMS S1iilltff SUBDIVISION
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November 19, 2008
Page9
Code Reminders:
Note: The project is subject to all applicable provisions of local ordinances, including but not limited
to the following code requirements:
32. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as
required by Chapter 20.44 of the Carls_bad Municipal 9ode.:
33. Developer shall pay a landscape plancheck and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
34. 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.
35. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
NOTICE
Please· take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."
You have 90 days from date of final approval to protest imposition of these fees/exactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section 66020(a)
and file the protest and any other required information with the City Manager for processing in
accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that protedure
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 DOl;:S
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.
«·;t7~
~~'7-BARBERIO ..
Assistant Planning Director
GTB:JG:lt
c: Paul Klukas, Planning System, 1530 Faraday Ave., Ste. #100, Carlsbad, CA 92008
Chris DeCerbo, Principal Planner
David Rick, Project Engineer
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