HomeMy WebLinkAbout2007-02-26; Design Review Board; Resolution 3171
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arguments, if any, of persons desiring to be heard, said Board considered all factors relating to
WHEREAS, at said public hearing, upon hearing and considering all testimony and
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DESIGN REVIEW BOARD RESOLUTION NO. 317
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A
REQUEST TO AMEND MAJOR REDEVELOPMENT PERMIT NUMBER
RP 04-04 TO ALLOW A PREVIOUSLY APPROVED TWO-STORY, 11-
UNIT AFFORDABLE APARTMENT PROJECT BE CONSTRUCTED AS
A CONDOMINIUM PROJECT ON PROPERTY LOCATED AT 2578
ROOSEVELT STREET IN LAND USE DISTRICT 8 OF THE VILLAGE
REDEVELOPMENT AREA.
CASE NAME ROOSEVELT GARDEN CONDOMINIUMS
APN. 203-102-33
CASE NO: RP 04-04A
WHEREAS, San Diego Habitat for Humanity, "Developer", has filed a verified
application with the Housing and Redevelopment Agency of the City of Carlsbad regarding
property owned by the Carlsbad Redevelopment Agency, and known as Assessor Parcel
Number 203-102-33 ("the property"); and
WHEREAS, said application constitutes a request to amend Major Redevelopment
Permit RP 04-04 to allow a previously approved two-story, 11-unit affordable apartment
project be constructed as a condominium project, as shown on Exhibits "A-l", dated
February.26, 2007, on file in the Housing and Redevelopment Department, "Roosevelt
Garden Condominiums RP 04-04A / CT 06-18", as provided by Chapter 21.35080 of the
Carlsbad Municipal Code, and
WHEREAS, the Design Review Board did on the 26th day of February, 2007, hold a
duly noticed public hearing as prescribed by law to consider said request; and
24 "Roosevelt Garden Condominiums RP 04-04A/ CT 06-18'
25 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as
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follows
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A That the foregoing recitations are true and correct
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1 B That based on the evidence presented at the public hearing, the Design Review
2 Board RECOMMENDS APPROVAL of Roosevelt Garden Condominiums RP 04-
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04A / CT 06-18, based on the following findings and subject to the following
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conditions
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GENERAL PLAN AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS:
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1 The Planning Director has determined that the project belongs to a class of projects that
the State Secretary for Resources has found do not have a significant impact on the
„ environment, and it is therefore categorically exempt from the requirement for
preparation of environmental documents pursuant to Section 15332 of the State CEQA
9 Guidelines as an infill development project. In making this determination, the
Planning Director has found that the exceptions listed in Section 15300.2 of the state
CEQA Guidelines do not apply to this project.
2. The Design Review Board finds that the project, as conditioned herein and with the
findings contained herein for establishment of the RH density designation for the
project, is in conformance with the Elements of the City's General Plan, the Carlsbad
Village Area Redevelopment Plan, and the Carlsbad Village Master Plan and Design
Manual based on the facts set forth in the staff reports dated February 26, 2007
14 including, but not limited to the following
15 a. The proposed project is consistent with the goals and objectives for the
Village, as outlined within the General Plan, because it provides for a multi-
16 .family residential use in an appropriate District within the Village. This
enhances and maintains the area as a residential neighborhood and
encourages greater residential support opportunities in the Village. By
providing more residential opportunities, the project helps to create a
lively, interesting social environment by encouraging more of a 24-hour life
in the Village, which provides the necessary customer base to attract
complementary commercial uses. The project design serves to reinforce
20 the pedestrian-orientation desired for the downtown area by providing
street improvements along Roosevelt Street.
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b. The project is consistent with the Village Redevelopment Plan in that: 1) it
22 establishes the Village as a quality shopping, working, and living
environment by providing for a multi-family condominium project which
serves to increase the type of housing options available to people seeking
to reside in the downtown area, 2) it improves the pedestrian and vehicular
circulation in the Village Area by providing for sidewalks along the front of
25 the property, 3) it stimulates property improvements and new development
in the Village through the development of a highly visible site which may
26 serve as a catalyst for future redevelopment in the area, and 4) it improves
the physical appearance of the Village Area by replacing a currently
27 underdeveloped site with an aesthetically pleasing set of buildings,
landscaping, and other site improvements.
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1 c. The project as designed is consistent with the land use plan, development
standards for Land Use District 8 (with the exception of the appropriate
standard modifications outlined in the staff report dated February 26,
2007), design guidelines, and other applicable regulations set forth in the
Village Master Plan and Design Manual.
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The existing streets can accommodate the estimated ADTs and all required
5 public right-of-way has been or will be dedicated and has been or will be
improved to serve the development. The pedestrian spaces and circulation
6 have been designed in relationship to the land use and available parking.
Pedestrian circulation is provided through pedestrian-oriented building
7 design, landscaping, and hardscape. Public facilities have been or will be
constructed to serve the proposed project. The project has -been
conditioned to develop and implement a program of "best management
practices" for the elimination and reduction of pollutants which enter into
and/or are transported within storm drainage facilities.
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e. The proposed project will not have an adverse impact on any open space
11 within the surrounding area. The project is being developed on a vacant lot
which has appropriate zoning for a multi-family project. The project is also
12 consistent with the Open Space requirements for new development within
the Village Redevelopment Area and the City's Landscape Manual.
f. The proposed project has been conditioned to comply with the Uniform
Building and Fire Codes adopted by the City to ensure that the project
meets appropriate fire protection and other safety standards.
16 g. The proposed project is consistent with the Housing Element of the
General Plan, the City's Inclusionary Housing Ordinance, and the
17 Redevelopment Agency's Inclusionary Housing Requirement, as the
Developer has been conditioned to enter into an Affordable Housing
Agreement to provide and deed restrict eleven (11) dwelling units as
affordable to very low income households for forty-five (45) years.
h The proposed project meets all of the minimum development standards set
forth in Carlsbad Village Redevelopment Master Plan and Design Manual
with the exception of the justifiable standards modifications outlined in the
report to the Design Review Board dated February 26, 2007 as permitted by
22 Carlsbad Municipal Code Section 21.53.120. The building has been
designed in accordance with the concepts contained in the Design
23 Guidelines Manual, in that the overall plan for the project is comprehensive
and incorporates many of the architectural features of surrounding
24 developments. The buildings, landscaping, and on-site amenities all
conform to the Village Redevelopment Master Plan and Design Manual,
25 which serves as the adopted land use plan for the area. The overall plan
for the project provides for adequate usable open space, circulation, and
off-street parking. The parking is well integrated into the project. The
27 project is compatible with surrounding land uses and will not negatively
impact circulation patterns in the area. The overall architecture is
28 compatible with the surrounding area and consistent with the Village
DRBRESONO 317 -3-
1 character as set forth in the Village Design Manual.
3. The Design Review Board hereby finds that the appropriate residential density for the
o project is RH (15-23 dwelling units per acre), which has a Growth Management Control
Point (GMCP) of 19 dwelling units per acre Justification for the RH General Plan
4 density designation is as follows
5 a. The proposed project density is compatible with the surrounding area
which contains a variety of uses such as high-density residential,
6 commercial office and a trailer park. Residential uses in the area are
predominantly high-density multi-family residential. Application of the RH
7 General Plan designation on the subject property allows for the
construction of a project that is compatible with the mixture of
surrounding uses in terms of size, scale, and overall density.
b. The RH General Plan density designation serves to satisfy the goals of the
Village Redevelopment Master Plan by increasing the number, quality,
diversity, and affordability of housing units within the Village. The higher
density designation makes it financially feasible to construct multi-family
condominium units in today's economy, this will be the first deed
12 restricted affordable housing development in the Village Redevelopment
Area for very low income households.
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c. The RH General Plan density designation serves to satisfy the objectives of
14 Land Use District 8 by increasing the number of residential units in close
proximity to shops, restaurants, and mass transportation (Village Transit
Station and Bus Stops). Higher residential densities in close proximity to
mixed-use areas with easy access to mass transportation promote greater
job/housing balance and help solve regional issues such as reduced traffic
17 congestion and improved air quality.
18 4. The project will provide sufficient additional public facilities for the density in excess of
the control point to ensure that the adequacy of the City's public facility plans will not be
adversely impacted, in that all necessary public improvements to accommodate the
proposed development have been provided or are required as conditions of project
approval.
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There have been sufficient developments approved in the quadrant at densities below the
22 control point to offset the units in the project above the control point so that approval will
not result in exceeding the quadrant limit
24 6 All necessary public facilities required by the Growth Management Ordinance will be
constructed or are guaranteed to be constructed concurrently with the need for them
25 created by this project and in compliance with adopted City standards, in that all
required public facilities necessary to accommodate the proposed development have
been provided or are required as conditions of project approval.
27 The project is consistent with the City-wide Facilities and Improvements Plan, the Local
28 Facilities Management Plan for Zone 1, and all City public facility policies and
DRBRESONO. 317 -4-
1 ordinances. The project includes elements or has been conditioned to construct or
2 provide funding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
3 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.
4 Specifically,
a. The project has been conditioned to provide proof from the Carlsbad Unified
6 School District that the project has satisfied its obligation to provide school
facilities.
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b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44,
and will be collected prior to the issuance of building permit.
9 ,''!•c. The Public Facility fee is required to be paid by Council Policy No. 17 and
10 will be collected prior to the issuance of building permit.
11 8 The project is consistent with the City's Landscape Manual.
12 9 The Design Review Board has reviewed each of the exactions imposed on the Developer
1., 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
14 degree of the exaction is in rough proportionality to the impact caused by the project.
15 GENERAL CONDITIONS:
16 Note. Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance
of building permits.17 ; ; ••
1 If any of the following conditions fail to occur; or if they are, by their terms, to be
18 implemented and maintained over time, if any of such conditions fail to be so
, g implemented and maintained according to their terms, the City/Agency shall have the
right to revoke or modify all approvals herein granted; deny or further condition issuance
2Q 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
21 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
22 gained by Developer or a successor in interest by the City's/Agency's approval of this
Major Redevelopment Permit.
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2 Staff is authorized and directed to make, or require the Developer to make, all
24 corrections and modifications to the Major Redevelopment Permit documents, as
necessary to make them internally consistent and in conformity with the final action on
25 the project Development shall occur substantially as shown on the approved Exhibits
Any proposed development different from this approval, shall require an amendment to
26 this approval
27 3 The Developer shall comply with all applicable provisions of federal, state, and local
„„ ordinances in effect at the time of building permit issuance.
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1 4. 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 Housing and Redevelopment Commission determines that the
4 project without the condition complies with all requirements of law
5 5 The Developer/Operator shall and does hereby agree to indemnify, protect, defend and
hold harmless the Redevelopment Agency of the City of Carlsbad, its governing body
6 members, officers, employees, agents, and representatives, from and against any and
all liabilities, losses, damages, demands, claims and costs, including court costs and
7 attorney's fees incurred by the Agency arising, directly or indirectly, from (a) Agency's
approval and issuance of this Major Redevelopment Permit, (b) Agency's approval or
issuance of any permit or action, whether discretionary or non-discretionary, 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 Agency's approval is not validated
12 6. The Developer shall submit to the Housing and Redevelopment Department a
reproducible 24" x 36", mylar copy of the Major Redevelopment Permit reflecting the
13 _ conditions approved by the final decision making body
14 7 Developer shall include, as part of the plans submitted for-any permit plan check, a
reduced legible version of all approving resolution(s) in a 24" x 36" bluelme drawing
15 format.
16 8 Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad School District that this project has satisfied its obligation to
17 provide school facilities.
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This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 1 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits
20 10. This approval is granted subject to the approval of CT 06-18 and is subject to all
conditions contained in Design Review Board Resolution No. 318 for those other
approvals incorporated herein by reference
22 11 This approval shall become null and void if building permits are not issued for this
23 project within 24 months from the date of project approval
24 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
25 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
26 facilities will continue to be available until the time of occupancy
27 13. Approval is granted for Redevelopment Permit RP 04-04A as shown on Exhibits A - I,
dated February 26, 2007, on file in the Housing and Redevelopment Department and
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incorporated herein by reference Development shall occur substantially as shown
unless otherwise noted in these conditions
3 HOUSING CONDITIONS:
14 Prior to the approval of the first building permit for this project, the Developer shall
enter into an Affordable Housing Agreement with the City/Agency to provide and deed
restrict 11 dwelling units as affordable to low-income households for 45 years, in
accordance with the requirements of California Redevelopment Law and the
6 processes of the Carlsbad Municipal Code The draft Affordable Housing Agreement
and site plan shall be submitted to the Housing and Redevelopment Director no later
7 than 60 days prior to the request to issue the first building permit The recorded
Affordable Housing Agreement shall be binding on all future owners and successors in
° interest
g 15 This project is being identified as a Combined Inclusionary Housing Project per
Section 21.85.80 of the Carlsbad Municipal Code. Future market rate developers
will be able to purchase affordable housing credits in the subject project in order
to satisfy their own inclusionary housing requirement, subject to the review and
approval of the City Council. All agreements between parties to form a combined
12 inclusionary housing project shall be made a part of the affordable housing
agreement required for the site(s), which affordable housing agreement(s) shall be
13 approved by Council.
14 LANDSCAPE CONDITIONS:
16 The Developer shall submit and obtain Housing and Redevelopment Director
approval of a Final Landscape and Irrigation Plan showing conformance with the
approved Preliminary Landscape Plan and the City's Landscape Manual The
17 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,
18 trash, and debris.
19 17. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on file in the Planning Department and accompanied by
20 the project's building, improvement, and grading plans.
21 MISCELLANEOUS CONDITIONS:
22 18. The Developer shall establish a homeowner's association and corresponding covenants,
conditions and restrictions Said CC&Rs shall be submitted to and approved by the
Housing and Redevelopment Director prior to final map approval. Prior to issuance of
24 a building permit the Developer shall provide the Housing & Redevelopment
Department with a recorded copy of the official CC&Rs that have been approved by the
25 Department of Real Estate and the Housing and Redevelopment Director. At a
minimum, the CC&Rs shall contain the following provisions
27 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
28 of, or in which the City has an interest
DRBRESONO. 317 -7-
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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
3 to disapprove. A copy of the final approved amendment shall be transmitted to City
within 30 days for the official record.
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19. This project is being approved as a condominium permit for residential homeownership
5 purposes. If any of the units in the project are rented, the minimum time increment for
such rental shall be not less than 30 days The CC&Rs for the project shall include this
requirement
20 Prior to issuance of building permits, the Developer shall submit to the Housing &
Redevelopment Director a recorded copy of the Condominium Plan filed with the
Department of Real Estate which is in conformance with the City-approved documents
and exhibits.
10 21 Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#1,7, the License Tax on new construction imposed by Carlsbad Municipal Code Section
11 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
12 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,
13 this approval will not be consistent with the General Plan and shall become void.
14 22. 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 Development and Housing and Redevelopment16
,_ 23 Prior to occupancy of the first dwelling unit the Developer shall provide all required
passive and active recreational areas per the approved plans, including landscaping and
I o recreational facilities
19 24 Developer shall display a current Zoning and Land Use Map, or an alternative, suitable
the Housing & Redevelopment Director, in the sales office at all times. All sales
20 maps that are distributed or made public shall include but not be limited to trails, future
and existing schools, parks and streets.
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25 Developer shall post a sign in the sales office in a prominent location that discloses
22 which special districts and school district provide service to the project Said sign shall
remain posted until ALL of the units are sold
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NOTICING CONDITIONS:
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26 Prior to the issuance of the building 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 Housing and Redevelopment Director, notifying all interested parties and
successors in interest that the City of Carlsbad's Redevelopment Agency has found
27 that the project is Exempt from Environmental Review and has issued a Major
Redevelopment Permit by the Housing and Redevelopment Commission
28 Resolution(s) No 317 on the property. Said Notice of Restriction shall note the property
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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 Housing and Redevelopment Director has the authority to execute
o 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
ON-SITE CONDITIONS:
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27 The Developer shall construct trash receptacle and recycling areas as shown on the
6 site plan with gates pursuant to City Engineering Standards and Carlsbad Municipal
Code Chapter 21 105. Location of said receptacles shall be approved by the Housing
7 and Redevelopment Director. Enclosure shall be of similar colors and/or materials to
the project to the satisfaction of the Housing and Redevelopment Director.
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28 No outdoor storage of material shall occur onsite unless required by the Fire Chief.
When so required, the Developer shall submit and obtain approval of the Fire Chief and
Housing and Redevelopment Director of an Outdoor Storage Plan, and thereafter
comply with the approved plan.
29 The Developer shall submit and obtain Planning Director approval of an exterior lighting
12 plan including parking areas All lighting shall be designed to reflect downward and
avoid any impacts on adjacent homes or property.
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30 Developer shall construct, install and stripe not less than 19 resident parking spaces
14 and 5 guest parking spaces.
31 The project shall have a master cable television hookup. Individual antennas shall
not be permitted.16
17 32. There shall be separate utility systems for each unit.
18 STANDARD CODE REMINDERS:
19 The project is subject to all applicable provisions of local ordinances, including but not limited to
the following code requirements.
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Fees
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33. The Developer shall pay park-m-lieu fees to the City, prior to the approval of the final
map as required by Chapter 20 44 of the Carlsbad Municipal Code.
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34 The Developer shall pay a landscape plan check and inspection fee as required by
24 Section 20 08 050 of the Carlsbad Municipal Code
25 General
26 35 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
27 permit issuance, except as otherwise specifically provided herein.
36 The project shall comply with the latest nonresidential disabled access requirements28 pursuant to Title 24 of the State Building Code
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37. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18 04 320.
3 38. Any signs proposed for this development shall at a minimum be designed in
4 conformance with the approved plans and the sign criteria contained in the Village
Redevelopment Master Plan and Design Manual and shall require review and
5 approval of the Housing and Redevelopment Director prior to installation of such
signs.
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NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or pther 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
13 annul their imposition
14 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,
15 zoning, grading or other similar application processjng or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
16 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design Review
Board of the City of Carlsbad, California, held on the 26th day of February, 2007 by the
following vote to wit
AYES BAKER, HAMILTON, LAWSON, SCHUMACHER AND WHITTON
NOES. NONE
ABSENT NONE
ABSTAIN: NONE
ATTEST
Y LAWSON, ACTING CHAIRPERSON
DESIGr/REVIEW BOARD
/
DEBBIE FOUNTAIN
HOUSING AND REDEVELOPMENT DIRECTOR
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