HomeMy WebLinkAboutSDP 2021-0016; CARLSBAD OAKS NORTH, LOT 3; Admin Decision LetterOctober 31, 2022
RAUL GUZMAN
THE TECH BUILT COMPANIES
3575 KENYON STREET, SUITE 200
SAN DIEGO, CA 92110
8Fllt COPY
{'City of
Carlsbad
SUBJECT: SOP 2021-0016 (DEV2021-0137)-CARLSBAD OAKS NORTH, LOT 3 -Request for approval
of a Minor Site Development Plan, SDP 2021-0016, for the development of three (3) light
industrial buildings totaling 67,714 square feet. Specifically, a total of 20,000 square feet
of office, 40,000 square feet of manufacturing, and 7,714 square feet of warehouse uses
are proposed. The subject property is located on the west side of Whiptail Loop and
identified as Lot 3 of the Carlsbad Oaks North Specific Plan (SP 211/CT 97-13), in the
Planned Industrial (P-M) Zone and Local Facilities Management Zone 16.
Dear Mr. Guzman,
The City Planner has completed a review of your application for a Minor Site Development Plan, SDP 2021-
0016, located on the west side of Whiptail Loop and identified as Lot 3 of the Carlsbad Oaks North Specific
Plan (SP 211/CT 97-13). A notice was sent to property owners within a 300-foot radius of the subject
property requesting comments regarding the above request. Comments were received within the ten-day
notice period (ending on December 9, 2021) and a request for an Administrative Hearing was filed. On
January 11, 2022, the City Planner held an Administrative Hearing to consider said request. Public
testimony was given. After careful consideration of the evidence presented at the Administrative Hearing,
the City Planner has made a decision pursuant to Section 21.06.070 of the City of Carlsbad Municipal Code
to approve this request based on the following findings and subject to the conditions listed below.
Findings:
Site Development Plan, SOP 2021-0016
1. That the proposed development or use is consistent with the general plan and any applicable master
plan or specific plan,. complies with all applicable provisions of Chapter 2i.06 of the Carlsbad
Municipal Code, and all other applicable provisions of this code; in that the project consists of the
development of three (3) light industrial office buildings totaling approximately 67,714 square feet
(20,000 SF of office, 40,000 SF of manufacturing, and 7,714 SF of warehouse uses). Surface parking
for 189 vehicles (188 required} and 21 bicycles will be provided, along with 5,000 square feet of
outdoor employee eating areas, perimeter and parking lot landscape, retaining walls, drainage
facilities and other ancillary improvements necessary to develop the project on the existing 5.18-
acre previously graded site located at Lot 3 of the Carlsbad Oaks North Specific Plan (SP 211).
Community Development Department
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov
SOP 2021-0016 (DEV2021-0137)-CARLSBAD OAKS NORTH, LOT 3
October 31, 2022
Pa e 2
The proposed office, manufacturing, and warehouse uses are consistent with the Planned Industrial
(Pl) General Plan Land Use and the Planned Industrial (P-M) zoning designations for the site. All
roadways and improvements necessary to serve the development exist, and no additional
improvements are required. The project is located outside the 60 dBA CNEL noise contour of the
McClellan-Palomar Airport.
2. That the requested development or use is properly related to the site, surroundings and
environmental settings, will not be detrimental to existing development or uses or to development or
uses specifically permitted in the area in which the proposed development or use is to be located, and
will not adversely impact the site, surroundings or traffic circulation; in that the project consists of
the development of three (3) light industrial buildings (67,714 sq. ft.) for office, manufacturing and
warehouse uses, with surface parking for 189 vehicles and 21 bicycles, outdoor (5,000 sq. ft.)
employee eating areas, perimeter and parking lot landscape, retaining walls, drainage facilities and
other ancillary improvements necessary to develop the project on the existing 5.18-acre previously
graded site located at Lot 3 of the Carlsbad Oaks North Specific Plan (SP 211). The project site is
surrounded by vacant Planned Industrial (P-M) zoned property to the north and east, and Open
Space (OS) zoned property to the south and west. The proposed office, manufacturing, and
warehouse uses are consistent with the Planned Industrial (Pl) General Plan Land Use and Planned
Industrial (P-M) Zoning designations for the site; all roadways and improvements necessary to serve
the development exist, and no additional improvements are required; and the project is located
outside the 60 dBA CNEL noise contour of the McClellan-Palomar Airport. The project will not
adversely impact the site, surroundings, or traffic circulation in that the project complies with all
applicable development standards included in SP 211 and the P-M Zone; and the existing
surrounding streets, which are fully improved, have adequate capacity to accommodate the 392
Average Daily Trips (ADT) generated by the project as previously analyzed in the Carlsbad Oaks
North Specific Plan Final Environmental Impact Report (EIR 98-08).
3. That the site for the intended development or use is adequate in size and shape to accommodate the
use; in that the project complies with all development" standards of the Planned Industrial (P-M)
Zone (Chapter 21.34 of the Carlsbad Municipal Code) and the Carlsbad Oaks North Specific Plan
(Development Standards & Design Guidelines), including setbacks, building coverage, employee
eating, landscaping, parking, and height restrictions.
4. That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the
requested development or use to existing or permitted future development or use in the
neighborhood will be provided and maintained; in that the three (3) light industrial buildings for
office, manufacturing, and warehouse uses, surface parking, employee eating areas, perimeter and
parking lot landscape, retaining walls, drainage facilities and other ancillary improvements can all
fit within the developable area, and that all applicable development standards of the Planned
Industrial (P-M) Zone (Chapter 21.34 of the Carlsbad Municipal Code), including the Carlsbad Oaks
North Specific Plan (Development Standards & Design Guidelines), have been met. Parking and
loading areas are screened through the combined use of building orientation and landscaping.
Adequate vehicle circulation has been provided to accommodate truck turning movements and
emergency vehicle access. Access to the site will be provided via a singular driveway on Whiptail
Loop. Pedestrian connection to the existing· sidewalk on Whiptail Loop has been provided via a
sidewalk near the project entrance.
SDP 2021-0016 (DEV2021-0137) -CARLSBAD OAKS NORTH, LOT 3
October 31, 2022
Pa e 3
5. That the street system serving the proposed development or use is adequate to properly handle all
traffic generated by the proposed use; in that the proposed project, consisting of three (3) light
industrial buildings for office, manufacturing, and warehouse uses are consistent with the uses
analyzed in the circulation analysis prepared for the Final Environmental Impact Report (EIR 98-08}
for the Carlsbad Oaks North Specific Plan (SP 211). The existing surrounding streets, which are fully
improved, have adequate capacity to accommodate the 392 Average Daily Trips (ADT) generated
by the project.
General
6. That the City Planner finds that the project, as conditioned herein, is in conformance with the
Elements of the city's General Plan and the Carlsbad Oaks North Specific Plan (SP 211), in that office,
manufacturing, and warehouse uses are consistent with the Planned Industrial (Pl) General Plan
Land Use designation and Planned Industrial (P-M) Zoning for the site; the development project
meets all applicable development standards of the P-M Zone and SP 211; all roadways and
improvements necessary to serve the development exist, and no additional improvements are
required; and the project is located outside the 60 dB(A) CNEL noise contour of the McClellan-
Palomar Airport.
7. That the project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 16 and all city public facility policies and ordinances. The project includes
elements or has been conditioned to construct or provide funding to ensure that all facilities and
improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools;
parks and other recreational facilities; libraries; government administrative facilities; and open space,
related to the project will be installed to serve new development prior to or concurrent with need.
Specifically,
A. The project has been conditioned to provide proof from the Carlsbad Unified School District
that the project has satisfied its obligation for school facilities.
B. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior
to the issuance of building permit.
C. The Local Facilities Management fee for Zone 16 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
D. A growth management park fee of $0.40 per square foot of non-residential development
will be collected at the time of building permit issuance. This fee will be used to construct
recreational facilities to offset demand created by employees within Local Facilities
Management Zone 16.
8. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
SDP 2021-0016 (DEV2021-0137) -CARLSBAD OAKS NORTH, LOT 3
October 31, 2022
Pa e4
9. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan-
Palomar Airport (ALUCP), adopted January 25, 2010, and amended on March 4, 2010, and December
1, 2011, in that neither structure nor any protrusion will exceed a total elevation of 548 feet above
mean sea level within the airport influence area, and thus will not create any obstructions of
navigable air space. In addition, the project is compatible with the projected noise levels of the
ALUCP; and, based on the noise/land use compatibility matrix of the ALUCP, the proposed land use is
compatible with the airport, in that the property is not located within any noise contours greater
than 60 dB(A) CNEL as created by airport operations and that office, manufacturing, and warehouse
uses are considered to be compatible uses in Safety Zone 6 without any additional conditions or
limitations placed upon them.
10. The City Planner has determined that:
a. The project is a subsequent activity of the Carlsbad Oaks North Specific Plan (SP 211), a
project for which a program EIR was prepared, and this activity is within the scope of the
program approved earlier, and that the program EIR adequately describes the activity for the
purposes of CEQA); [15168( c)(2) and (e)]; and
b. This project is consistent with the Specific Plan cited above; and
c. The Carlsbad Oaks North Specific Plan Final EIR 98-08 was certified by the City Council on
October 8, 2002, in connection with the prior project or plan; and
d. The project has no new significant environmental effect not analyzed as significant in the prior
EIR; and
e. None of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA
Guidelines Sections 15162 or 15163 exist; and
f. All feasible mitigation measures or project alternatives identified in the EIR 98-08, which are
appropriate to this Subsequent Project, have been completed, incorporated into the project
design, or are required as conditions of approval for this Subsequent Project.
11. That the request for a Minor Site Development Plan was adequately noticed at least ten (10) calendar
days before the date of this decision pursuant to Section 21.54.060 of the Carlsbad Municipal Code.
12. The City Planner has reviewed each of the exactions imposed on the Developer contained in this
approval letter, and hereby finds, in this case, that the exactions are imposed to mitigate impacts
caused by or reasonably related to the project, and the extent and the degree of the exaction is in
rough proportionality to the impact caused by the project.
SDP 2021-0016 (DEV2021-0137) -CARLSBAD OAKS NORTH, LOT 3
October 31, 2022
Pa e 5
Conditions:
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading
permit or building permit, whichever occurs first.
1. Approval is granted for SDP 2012-0016 as shown on Exhibits "A" -"AA" dated October 31, 2022, on
file in the Planning Division and incorporated herein by reference. Development shall occur
substantially as shown unless otherwise noted in these conditions.
2. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and
maintained over time, if any of such conditions fail to be so implemented and maintained according
to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or
further condition issuance of all future building permits; deny, revoke, or further condition all
certificates of occupancy issued under the authority of approvals herein granted; record a notice of
violation on the property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer or a successor
in interest by the City's approval of this Minor Site Development Plan.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Minor Site Development Plan documents, as necessary to make them internally
consistent and in conformity with the final action on the project. Development shall . occur
substantially as shown on the approved Exhibits. Any proposed development, different from this
approval, shall require an amendment to this approval.
4. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations
in effect at the time of building permit issuance.
5. If any condition for construction of any public improvements or facilities, or the payment of any fees
in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this
approval shall be suspended as provided in Government Code Section 66020. If any such condition is
determined to be invalid, this approval shall be invalid unless the City Council determines that the
project without the condition complies with all requirements of law.
6. Developer shall implement, or cause the implementation of, the Carlsbad Oaks North Specific Plan
Mitigation Monitoring and Reporting Program (EIR 98-08) and the performance standards of the
Carlsbad Oaks North Specific Plan, including but not limited to the following:
a. Developer shall submit and obtain City Planner approval of an exterior lighting plan including
parking areas. All outdoor lighting shall be designed to reflect downward and avoid any impacts
on adjacent property. Specifically, lighting shall be directed away from open space lots
surrounding the industrial lot to the maximum extent feasible. Parking lot lighting adjacent to
open space shall utilize low pressure sodium or amber LED luminaires. When warranted (i.e.,
adjacent to natural open space), the lights should be used in conjunction with cut-off shields
(fully shielded/full cutoff lighting}. Such shields shall eliminate the horizontal and upward
projection of light and direct the light downward, eliminating excess illumination.
SDP 2021-0016 (DEV2021-0137) -CARLSBAD OAKS NORTH, LOT 3
October 31, 2022
Pa e 6
7. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless
the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and
against any and all liabilities, losses, damages, demands, claims and costs, including court costs and
attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance
of this Minor Site Development Plan, (b) City's approval or issuance of any permit or action, whether
discretionary or nondiscretionary, in connection with the use contemplated herein, and (c)
Developer/Operator's installation and operation of the facility permitted hereby, including without
limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or
other energy waves or emissions. This obligation survives until all legal proceedings have been
concluded and continues even if the City's approval is not validated.
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 16 Local Facilities Management Plan and any amendments made to that Plan prior to the
issuance of building permits, including, but not limited to the following:
a. A growth management park fee of $0.40 per square foot of non-residential development will
be collected at the time of building permit issuance. This fee will be used to construct
recreational facilities to offset demand created by employees within Local Facilities
Management Zone 16.
10. Developer shall report, in writing, to the City Planner within 30 days, any address change from that
which is shown on the permit application.
11. This approval shall become null and void if building permits are not issued for this project within 24
months from the date of project approval.
12. 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.
13. Prior to the issuance of the grading permit, Developer shall submit to the City a Notice of Restriction
to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying
all interested parties and successors in interest that the City of Carlsbad has issued a Minor Site
Development Plan on the property. Said Notice of Restriction shall note the property description,
location of the file containing complete project details and all conditions of approval as well as any
conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the
authority to execute and record an amendment to the notice which modifies or terminates said notice
upon a showing of good cause by the Developer or successor in interest.
SDP 2021-0016 (DEV2021-0137) -CARLSBAD OAKS NORTH, LOT 3
October 31, 2022
Pa e 7
14. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan
showing conformance with the approved Preliminary Landscape Pfan 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. ·
15. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan
check process on file in the Planning Division and accompanied by the project's building,
improvement, and grading plans.
16. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high masonry
wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 21.105.
Location of said receptacles shall be approved by the City Planner. Enclosure shall be of similar colors
and/or materials to the project to the satisfaction of the City Planner.
17. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required,
the Developer shall submit and obtain approval of the Fire Chief and the City Planner of an Outdoor
Storage Plan, and thereafter comply with the approved plan.
18. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed
from view and the sound buffered from adjacent properties and streets, in substance as provided in
Building Department Policy No. 80-6, to the satisfaction of the Directors of Community and Economic
Development Department and Planning.
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. Developer shall install sight distance corridors at all street intersections and driveways in accordance
with City Engineering Standards. The property owner shall maintain this condition.
22. Property owner shall maintain all landscaping (street trees, tree grates, shrubs, groundcover, etc.) and
irrigation along the parkway frontage with Whiptail Loop as shown on the Site Plan.
SDP 2021-0016 (DEV2021-0137) -CARLSBAD OAKS NORTH, LOT 3
October 31, 2022
Pa e 8
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 shall cause j'.lroperty owner to submit an executed copy to the City Engineer for recordation
a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement.
26. Developer shall comply with the Transportation Demand Management ordinance per Carlsbad
Municipal Code section 18.51. The Transportation Demand Management (TDM) Plan prepared during
discretionary review is preliminary and shall be resubmitted and approved prior to occupancy. Prior
to building permit issuance, the Developer shall have a consultation wrrh city staff regarding submittal
of the TDM Plan. Prior to occupancy, the Developer shall submit a Transportation Demand
Management Plan to the satisfaction of the City Engineer.
Grading
27. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a
precise grading perrnit for this project is required. Developer shall prepare and submit plans and
technical studies/reports as required by City Engineer, post security and pay all applicable grading
plan review and permit fees per the city's latest fee schedule.
Storm Water Quality
28. 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.
29. Developer shall complete and submit to the City Engineer a Determination of Project's SWPPP Tier
Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer shall
also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm
Water Pollution Prevention Plan (SWPPP) to the satisfaction of the City Engineer. Developer shall pay
all applicable SWPPP plan review and inspection fees per the city's latest fee schedule.
30. This project is subject to 'Priority Development Project' requirements. Developer shall prepare and
process a Storm Water Quality Management Plan {SWQMP), subject to City Engineer approval, to
comply with the Carlsbad BMP Design Manual latest version. The final SWQMP required by this
condition shall be reviewed and approved by the City Engineer with final grading plans. Developer
shall pay all applicable SWQMP plan review and inspection fees per the city's latest fee schedule.
SOP 2021-0016 (DEV2021-0137) -CARLSBAD OAKS NORTH, LOT 3
October 31, 2022
Pa e 9
31. Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
landscape plans, building plans, etc.) incorporate all source control, site design, pollutant control BMP,
trash capture BMPs and applicable hydromodification measures. ·
Dedications/Improvements
32. Developer shall design the private drainage systems, as shown on the site plan to the satisfaction of
the City Engineer. All private drainage systems (12" diameter storm drain and larger) shall be
inspected by the city. Developer shall pay the standard improvement plan check and inspection fees
for private drainage systems.
33. Prior to any work in city right-of-way or public easements, Developer shall apply for and obtain a right-
of-way permit to the satisfaction of the City Engineer.
34. Developer shall prepare and process public improvement plans and, prior to City Engineer approval
of said plans, shall execute a city standard Development Improvement Agreement to install and shall
post security in accordance with C.M.C. Section 18.40.060 for public improvements shown on the site
plan. Said improvements shall be installed to city standards to the satisfaction of the City Engineer.
These improvements include, but are not limited to:
A. Install curb gutter and sidewalk.
B. Install driveway approach.
C. Install sewer lateral and remove 12-inch water service from the water main to the property
line with trench repair and grind and overlay pavement.
D. Plot private backflow devices.
Developer shall pay the standard improvement plan check and inspection fees in accordance with the
fee schedule. Improvements listed above shall be constructed within 36 months of approval of the
subdivision or development improvement agreement or such other time as provided in said
agreement.
35. Developer shall design, and obtain approval from the City Engineer, the structural section for the
access aisles with a traffic index of 5.0 in accordance with city standards due to truck access through
the parking area and/or aisles with an ADT greater than 500. Prior to completion of grading, the final
structural pavement design of the aisle ways shall be submitted together with required R-value soil
test information subject to the review and approval of the City Engineer.
36. The relinquishment of access rights at the proposed driveway opening shall be vacated. Developer
shall submit the appropriate application and pay the standard fee for plan checking and processing
said vacation documents.
SDP 2021-0016 (DEV2021-0137) -CARLSBAD OAKS NORTH, LOT 3
October 31, 2022
Pa e 10
Utilities
37. The developer shall agree to design landscape and irrigation plans utilizing recycled water as a source
and prepare and submit a colored recycled water use map to the Planning Department for processing
and approval by the District Engineer.
38. 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.
39. The developer shall agree to install sewer laterals and clean-outs at locations approved by the City
Engineer. The locations of sewer laterals shall be reflected on public improvement plans.
40. The developer shall design and agree to construct public water, sewer, and recycled water facilities
substantially as shown on the site plan to the satisfaction of the District Engineer and City Engineer.
Code Reminders:
41. Approval of this request shall not excuse compliance with all applicable sections of the Zoning
Ordinance and all other applicable city ordinances in effect at time of building permit issuance, except
as otherwise specifically provided herein.
42. Developer shall pay 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.
43. 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 this administrative approval letter and shown on the site plan are for planning purposes
only.
44. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
45. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the
Carlsbad Municipal Code.
46. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title
24 of the California Building Code.
47. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section
17.04.320.
48. Any signs proposed for this development shall at a minimum be designed in conformance with the
City's Sign Ordinance and shall require review and approval of the City Planner prior to installation of
such signs.
SOP 2021-0016 (DEV2021-0137) -CARLSBAD OAKS NORTH, LOT 3
October 31, 2022
Pa e 11
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 Se_ction 66020{a), and
file the protest and any other required information with the City Manager for processing in accordance
with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any
subsequent legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT . .
APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other
similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute
of limitations has previously otherwise expired.
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 $847.00. The filing of such appeal within such
time limit shall stay the effective date of the order of the City Planner until such time as a final decision
on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Jason
Goff at {442) 339-2643.
Sincerely,
CLIFF JONES
Principal Planner
CJ:JG:JC
c: Theodore Tchang, Carlsbad Oaks North Ventures LP, 3575 Kenyon St., Suite 200, San Diego, CA 92110
David Rick, Project Engineer
Eric Lardy, City Planner
Laserfiche/File Copy
Data Entry