HomeMy WebLinkAbout2008-06-02; Design Review Board; Resolution 3281
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
DESIGN REVIEW BOARD RESOLUTION NO. 328
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR
REDEVELOPMENT PERMIT NUMBER RP 07-14 FOR THE
CONSTRUCTION OF A MIXED-USE DEVELOPMENT PROJECT
CONSISTING OF 39 HOTEL ROOMS, TWELVE (12) CONDOMINIUM
UNITS AND 2,815 SQUARE FEET OF RESTAURANT SPACE ON THE
PROPERTY LOCATED AT 3100 AND 3150 OCEAN STREET IN LAND USE
DISTRICT 9 OF THE CARLSBAD VILLAGE REDEVELOPMENT AREA
AND IN LOCAL FACILITIES MANAGEMENT ZONE 1 INCLUDING
VARIANCES FOR A SIDE YARD SETBACKS WHICH EXCEED THE
MAXIMUM STANDARD RANGE .
CASE NAME: LUMIERE CARLSBAD VILLAGE HOTEL
APN: 203-250-21& 203-250-22
CASE NO: RP07-14
WHEREAS, Bob Ladwig, "Applicant", has filed a verified application with the
Redevelopment Agency of the City of Carlsbad regarding property owned by KB Carlsbad
Investors, LLC and Thomas M. Funke, "Owners", described as Assessor Parcel Number
203-250-21 & 203-250-22, and more thoroughly described in Attachment A, ("the Property");
and
WHEREAS, said application constitutes a request for a Major Redevelopment Permit, as
shown on Exhibits "A-R" dated June 2, 2008, on file in the Housing and Redevelopment
Department, "Lumiere Carlsbad Village Hotel RP 07-14/ CDP 07-25/CT 07-11", as provided
by Chapter 21.35.080 of the Carlsbad Municipal Code; and
WHEREAS, the Design Review Board did on the 2nd day of June, 2008, hold a duly
noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of persons desiring to be heard, said Board considered all factors related to
"Lumiere Carlsbad Village Hotel."
1 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as
2 follows:
3
A. That the foregoing recitations are true and correct.
4
<- B. That based on the evidence presented at the public hearing, the Design Review
Board RECOMMENDS APPROVAL of Lumiere Carlsbad Village Hotel RP
6 07-14, based on the following findings and subject to the following conditions:
7 GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS;
o
1. The Planning Director has determined that the project belongs to a class of projects that the
9 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
10 environmental documents pursuant to Section 15332 of the State CEQA 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
12 this project.
13 2. The Design Review Board finds that the project, as conditioned herein and the
establishment of the RH density designation for the project, is in conformance with the
14 Elements of the City's General Plan, the Carlsbad Village Area Redevelopment Plan, and the
,<. Carlsbad Village Redevelopment Master Plan and Design Manual based on the facts set forth
in the staff report dated June 2, 2008 including, but not limited to the following:
16
a. The proposed project is consistent with the goals and objectives for the Village,
17 as outlined within the General Plan, because it provides for a mixed-use project
with a hotel, multi-family residential and restaurant component in an
appropriate location within the Village. This in turn serves to enhance and
19 maintain the area as a commercial/tourism neighborhood and encourages
greater residential support opportunities in the Village. By providing more
20 lodging, residential and restaurant opportunities, the project helps to create a
lively, interesting social environment by encouraging and increasing the
* opportunity for 24-hour life in the Village, which provides the necessary
22 customer base to attract complementary uses. The project reinforces the
pedestrian-orientation desired for the downtown area by providing needed
23 sidewalk improvements along Ocean Street and the location of the project will
provide the new residents an opportunity to walk to shopping, recreation, and
24 mass transit functions. The project's proximity to existing bus routes and mass
transit will help to further the goal of providing new economic development near
transportation corridors. Furthermore, the project will provide a strong street
26 presence with extensive architectural relief, including balconies looking out over
the adjacent streets and fully enclosed parking. Overall, the new residential
27 units, hotel units, and restaurant will enhance the Village as a place for living,
working, and visiting.28
DRB RESO NO. 328 -2-
b. The project is consistent with the Village Redevelopment Master Plan and
2 Design manual in that the proposed project assists in satisfying the goals and
objectives set forth for Land Use District 9 through the following actions: 1) it
3 establishes the Village as a quality environment by providing a mixed-use
project which serves to increase the type of lodging, housing, and dining options
available to people in the downtown area, 2) it improves the pedestrian and
<- vehicular circulation in the Village Area by providing residential and hotel units
in close proximity to both bus and rail mass transit and improves the pedestrian
6 environment by providing needed sidewalk improvements along Ocean Street
and Oak Avenue, 3) it stimulates property improvements and new development
7 in the Village by providing for an appropriate intensity of mixed-juse
development that may serve as a catalyst for future redevelopment in the area, 4)
it improves the physical appearance of the Village Area by replacing outdated
and non-conforming buildings with an aesthetically pleasing building with
attractive landscaping.
10
c. The project as designed is consistent with the development standards for Land
' Use District 9, the Village Design Guidelines and other applicable regulations set
, j forth in the Village Master Plan and Design Manual.
13 d. The existing streets can accommodate the estimated ADTs and all required
public right-of-way has been or will be dedicated and has been or will be
14 improved to serve the development. The pedestrian spaces and circulation have
_ been designed in relationship to the land use and available parking. 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
17 enter into and/or are transported within storm drainage facilities.
'° e. The proposed project will not have an adverse impact on any open space within
the surrounding area. The project is consistent with the Open Space
requirements for new development within the Village Redevelopment Area and
20 the City's Landscape Manual.
21 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.
23
g. The proposed project is consistent with the Housing Element of the General
24 Plan, the City's Inclusionary Housing Ordinance, and the Redevelopment
Agency's Inclusionary Housing Requirement, as the Developer is providing two
(2) affordable housing units for low-income households.
26 h. The proposed project meets all of the minimum development standards set forth
27 in Chapter 21.45.080, and has been designed in accordance with the concepts
contained in the Village Master Plan and Design Guidelines Manual, in that the
28 overall plan for the project is comprehensive and incorporates many of the
DRB RESO NO. 328 -3-
architectural features of surrounding developments. The buildings,
2 landscaping, and on-site amenities all conform to the Village Redevelopment
Master Plan and Design Manual which serves as the adopted land use plan for
3 the area. The overall plan for the project provides for adequate usable open
space, circulation, off-street parking, recreational facilities and other pertinent
amenities. The parking is provided in an underground garage and the project is
<- compatible with surrounding land uses and will not negatively impact
circulation patterns in the area. The overall architecture is compatible with the
6 surrounding area and consistent with the Village character as set forth in the
Village Master Plan and Design Manual.
7
3. The Design Review Board hereby finds that the appropriate residential density for the 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 density
designation is as follows:
10
a. The density is compatible with the surrounding area, which contains a variety of
'' uses including multi-family residential, single-family residential, commercial and
, ~ hotel. Application of the RH General Plan designation on the subject property
would allow for future high density residential mixed-use development, which is
13 permitted in District 9, and would be compatible with the mixture of
surrounding uses.
14
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 this area of the Village. The high
density designation allows for future development that would be consistent the
17 goals and objectives of the Redevelopment Master Plan.
The RH General Plan density designation serves to satisfy the objectives of Land
, Q Use District 9 by increasing the number of residential units in close proximity to
shops, restaurants, and mass transportation (Bus & Village Coaster Station).
20 High 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 congestion and improved air quality.
22 4. The project will provide sufficient additional public facilities for the density in excess of the
23 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
24 proposed development have been provided or are required as conditions of project
approval.25
5. There have been sufficient developments approved in the quadrant at densities below the
control point to offset the units in the project above the control point so that approval will not
27 result in exceeding the quadrant limit.
28
DRB RESO NO. 328 -4-
6. All necessary public facilities required by the Growth Management Ordinance will be
2 constructed or are guaranteed to be constructed concurrently with the need for them created
by this project and in compliance with adopted City standards, in that all required public
3 facilities necessary to accommodate the proposed development have been provided or
are required as conditions of project approval.4
<- 7. The project is consistent with the City-wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 1, and all City public facility policies and ordinances.
6 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;
7 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,
9 a. The project has been conditioned to ensure that building permits will not be
10 issued for the project unless the District Engineer determines that sewer service
is available, and building cannot occur within the project unless sewer service
1 remains available and the District Engineer is satisfied that the requirements of
, 2 the Public Facilities Element of the General Plan have been met insofar as they
apply to sewer service for this project.
13
b. All necessary public improvements have been provided or are required as
14 conditions of approval.
c. The project has been conditioned to provide proof from the Carlsbad Unified
16 School District that the project has satisfied its obligation to provide fees for
school facilities.
17
d. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
will be collected prior to the issuance of building permit.
19 e. The Public Facility fee is required to be paid by Council Policy No. 17 and will
20 be collected prior to the issuance of building permit.
21 8. The project is consistent with the City's Landscape Manual.
22 9. The Design Review Board has reviewed each of the exactions imposed on the Developer
23 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
24 of the exaction is in rough proportionality to the impact caused by the project.
9S 10. The Design Review Board finds as follows to allow for variances for front and side yard
~ , setbacks that exceed the standard range:
27 a. That the application of certain provisions of this chapter will result in practical
difficulties or unnecessary hardships which would make development inconsistent
28 with the general purpose and intent of the Carlsbad Village Redevelopment Plan, in
DRB RESO NO. 328 -5-
that due to the location of the property being caddy corner from single-family
2 residences, it is important to set back the building at the corner that is closest to
such units in order to lessen the impact the building will have on surrounding
3 properties. The increased setback area will be devoted to landscaping, to help
buffer the edge of the property. This will assist in lessening the impact of a
commercial development that is located near residential uses.
b. That there are exceptional circumstances or conditions unique to the property or the
6 proposed development which do not generally apply to other properties or
developments which have the same standards, restrictions, and controls, in that by
7 allowing the proposed setbacks, the subject property will not be granted any
special privileges. The purpose for the increase in setbacks is to allow for a
better design of the building. The project will not benefit financially in any way
9 by having an increased side yard setbacks. If anything, the project will be losing
usable square footage by having varying side yard setbacks that are dedicated to
10 landscaping.
c. That the granting of a variance will not be injurious or materially detrimental to the
, 2 public welfare, other properties or improvements in the project area, in the variances
do not authorize a use or activity, which is not expressly authorized by the zone
13 regulation governing the subject property, as a mixed-use project is a permitted
use within Land Use District 9 of the V-R zoning as long as the ground floor is
dedicated to a commercial use.
d. That the granting of a variance will not contradict the standards established in the
16 Village Master Plan and Design Manual, in that the standards established in the
Village Master Plan and Design Manual were intended to be somewhat flexible
17 in order to encourage diversity and variety of development and to take into
consideration the unique conditions associated with many of the properties in
the redevelopment area. A majority of the building is setback at 5 feet on both
19 side yards. There are small portions of the building where the setbacks exceed
the maximum of the range. Providing varied setbacks along the side yards of the
20 proposed building allows the building to achieve a design that is more visually
interesting. The increased setback is necessary in order to have differing angles
along the north and south building elevations to prevent one flat, long,
continuous wall. The impact of the side yard setback exceeding the maximum of
the range will be very minimal. Additionally, the project is consistent with the
23 general purpose of the general plan and the Carlsbad village area redevelopment
plan.
24
GENERAL CONDITIONS:
26 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of
building permits.
27
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
DRB RESO NO. 328 -6-
implemented and maintained over time, if any such conditions fail to be so implemented
2 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 of all future
3 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
4 property title; institute and prosecute litigation to compel their compliance with said
5 conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City's/Agency's approval of this Major Redevelopment
6 Permit.
1 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Major Redevelopment Permit documents, as necessary to
make them internally consistent and in conformity with the final action on the project.
9 Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
10
3. The Developer shall comply with all applicable provisions of federal, state, and local laws
1 * and regulations in effect at the time of building permit issuance.
12 4. If any condition for construction of any public improvements or facilities, or the payment
13 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
14 66020. If any such condition is determined to be invalid this approval shall be invalid
unless the Housing and Redevelopment Commission determines that the project
without the condition complies with all requirements of law.
16
5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and
17 hold harmless the Redevelopment Agency of the City of Carlsbad, its governing body
members, officers, employees, agents, and representatives, from and against any and all
liabilities, losses, damages, demands, claims and costs, including court costs and
19 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
20 issuance of any permit or action, whether discretionary or non-discretionary, in
connection with the use contemplated herein, and (c) Developer/Operator's installation
21 and operation of the facility permitted hereby, including without limitation, any and all
22 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
23 concluded and continues even if the Agency's approval is not validated.
24 g. The Developer shall submit to the Housing and Redevelopment Department a
reproducible 24" x 36", mylar copy of the Major Redevelopment Permit reflecting the
conditions approved by the final decision making body.
26
7. The Developer shall include, as part of the plans submitted for any permit plan check, a
27 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
format.28
DRB RESO NO. 328 -7-
8. Prior to the issuance of a building permit, the Developer shall provide proof to the
2 Director from the Carlsbad School District that this project has satisfied its obligation to
provide fees for school facilities.
3
9. This project shall comply with all conditions and mitigation measures which are required
^ as part of the Zone 1 Local Facilities Management Plan and any amendments made to that
5 Plan prior to the issuance of building permits.
6 10. Approval is granted for Major Redevelopment Permit RP 07-14 as shown on Exhibits
A-R, dated June 2, 2008, on file in the Housing and Redevelopment Department and
7 incorporated herein by reference. Development shall occur substantially as shown unless
otherwise noted in these conditions.
o
9 11. This approval is granted subject to the approval of Coastal Development Permit No.
CDP 07-25 and is subject to all conditions contained in Design Review Board
10 Resolution No. 329 for this other approval and incorporated by reference herein.
12. This approval is granted subject to the approval of Tentative Tract Map No. CT 07-11
j 2 and is subject to all conditions contained in Design Review Board Resolution No. 330
for this other approval and incorporated by reference herein.
13
13. 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.
14. Building permits will not be issued for the project unless the local agency providing water
16 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
17 the application for the building permit, and that water and sewer capacity and facilities
will continue to be available until the time of occupancy. A note to this effect shall be
placed on the Final Map.
19
HOUSING CONDITIONS:
20
15. Prior to the approval of the final map for this project, the Developer shall enter into an
2' Affordable Housing Agreement with the City/Agency to provide and deed restrict two (2)
22 dwelling units as affordable to lower-income households for the useful life of the
dwelling units, in accordance with the requirements and process set forth in Chapter
23 21.85 of the Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be
submitted to the Housing and Redevelopment Director no later than 60 days prior to
24 the request to final the map. The recorded Affordable Housing Agreement shall be
binding on all future owners and successors in interest.
26 16. The Developer shall construct the required inclusionary units concurrent with the
project's market rate units, unless both the final decision making authority of the
27 City/Agency and the Developer agree within an Affordable Housing Agreement to an
alternate schedule for development.
DRB RESO NO. 328 -8-
1 LANDSCAPE CONDITIONS:
2 17. The Developer shall submit and obtain Housing & Redevelopment Director approval of a
3 Final Landscape and Irrigation Plan showing conformance with the approved Preliminary
Landscape Plan and the City's Landscape Manual. The Developer shall construct and
install all landscaping as shown on the approved Final Plans, and maintain all landscaping
r in a healthy and thriving condition, free from weeds, trash, and debris.
6 18. 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 the
7 project's building, improvement, and grading plans.
o
19. Developer shall pay a landscape plan check and inspection fee as required by Section
9 20.08.050 of the Carlsbad Municipal Code.
10 MISCELLANEOUS CONDITIONS:
20. 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
13 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
Department of Real Estate and the Housing and Redevelopment Director. At a
minimum, the CC&Rs shall contain the following provisions:
16 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
17 ' of, or in which the City has an interest.
18 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
20 within 30 days for the official record.
21. A portion of this project is being approved as a condominium permit for residential
„ homeownership purposes. If any of the proposed condominiums in the project are rented,
the minimum time increment for such rental shall be not less than 31 days. The CC&Rs
23 for the project shall include this requirement.
24 22. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
26 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
27 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.
28
DRB RESO NO. 328 -9-
23. All roof appurtenances, including air conditioners, shall be architecturally integrated and
2 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
3 Directors of Community Development and/or Housing and Redevelopment.
^ 24. Prior to occupancy of the first dwelling unit the Developer shall provide all required
5 passive and active recreational areas per the approved plans, including landscaping and
recreational facilities.
6
NOTICING CONDITIONS:
7
25. 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
9 of the Housing and Redevelopment Director, notifying all interested parties and
successors in interest that the City of Carlsbad has issued a Major Redevelopment
10 Permit, Tentative Tract Map, and Coastal Development Permit by Resolution Nos.
328, 329, and 330 on the real property owned by the Developer. Said Notice of
Restriction shall note the property description, location of the file containing complete
12 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
13 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
1 successor in interest.
15 ON-SITE CONDITIONS:
16
26. The developer shall construct trash receptacle and recycling areas as shown on the site
17 plan (Exhibit "A") with gates pursuant to the City Engineering Standards and Carlsbad
Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the
Housing & Redevelopment Director. Enclosure shall be of similar colors and/or
19 materials of the project and subject to the satisfaction of the Housing & Redevelopment
Director.
20
27. 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
22 Housing & Redevelopment Director of an Outdoor Storage Plan, and thereafter comply
with the approved plan.
23
28. The developer shall submit and obtain Housing & Redevelopment Director approval of
24 an exterior lighting plan including parking areas. .All lighting shall be designed to reflect
^<- downward and avoid any impacts on adjacent homes or property.
26 29. The project shall have a master cable television hookup. Individual antennas shall
not be permitted.
27
30. There shall be separate utility systems for each unit.28
DRB RESO NO. 328 -10-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STANDARD CODE REMINDERS:
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following code requirements.
Fees
31. The 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 Carlsbad Municipal Code.
32. The developer shall pay a landscape plan check and inspection fee as required by Section
20.080.050 of the Carlsbad Municipal Code.
33. Developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance
with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer.
General
34.
35.
36.
37.
The tentative map shall expire twenty-four (24) months from the date this tentative map
approval becomes final.
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 the time of
building permit issuance, except as otherwise specifically provided herein.
Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
Any signs proposed for this development shall at a minimum be designed in conformance
with the approved plans and the sign criteria contained in the Village
Redevelopment Master Plan and Design Manual and shall require review and approval
of the Housing & Redevelopment Director prior to installation of such signs.
DRB RESO NO. 328 -11-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
NOTICE
Please take NOTICE that approval of your project includes the ."imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
You have 90 days from the date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, 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.
PASSED, APPROVED, AND ADOPTED at a meeting of the Design Review Board of
the City of Carlsbad, California, held on the 2nd day of June, 2008, by the following vote to wit:
AYES: BAKER, LAWSON, PRIETTO, SCHUMACHER, AND WHITTON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
6F0NY LARSON, CHAIRPERSON
DESIGyREVIEW BOARD
ATTEST:
DEBBIE FOUNTAIN
HOUSING AND REDEVELOPMENT DIRECTOR
DRB RESO NO. 328 -12-