HomeMy WebLinkAbout2008-06-02; Design Review Board; Resolution 3311 DESIGN REVIEW BOARD RESOLUTION NO. 331
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF
3 CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR
REDEVELOPMENT PERMIT NUMBER RP 07-03 FOR THE
4 CONSTRUCTION OF A MIXED-USE DEVELOPMENT PROJECT
CONSISTING OF SDC (6) CONDOMINIUM UNITS AND 2,411 SQUARE
FEET OF COMERCIAL/RETAIL SPACE ON THE PROPERTY LOCATED AT
6 3085 ROOSEVELT STREET IN LAND USE DISTRICT 1 OF THE
CARLSBAD VILLAGE REDEVELOPMENT AREA AND IN LOCAL
7 FACILITIES MANAGEMENT ZONE 1.
CASE NAME: ROOSEVELT AND OAK MIXED-USE
8 APN: 203-306-10
9 CASE NO: RP 07-03
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WHEREAS, Karnak Planning and Design, "Applicant", has filed a verified application
12 with the Redevelopment Agency of the City of Carlsbad regarding property owned by Russell
13 Bennett, "Owner", described as Assessor Parcel Number 203-306-10, and more thoroughly
14 described in Attachment A, ("the Property"); and
WHEREAS, said application constitutes a request for a'Major Redevelopment Permit, as
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shown on Exhibits "A-Q" dated June 2, 2008, on file in the Housing and Redevelopment
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Department, "Roosevelt and Oak Mixed Use RP 07-03", as provided by Chapter 21.35.080 of18
19 the Carlsbad Municipal Code; and
20 WHEREAS, the Design Review Board did on the 2nd day of June, 2008, hold a duly
91 noticed public hearing as prescribed by law to consider said request; and
22 WHEREAS, at said public hearing, upon hearing and considering all testimony and
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arguments, if any, of persons desiring to be heard, said Board considered all factors related to
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"Roosevelt and Oak Mixed Use RP 07-03."2*j
26 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as
27 follows:
78 A. That the foregoing recitations are true and correct.
B. That based on the evidence presented at the public hearing, the Design Review
2 Board RECOMMENDS APPROVAL of Roosevelt and Oak Mixed Use RP
07-03, based on the following findings and subject to the following conditions:
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GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS;
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<- . 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,
6 and it is therefore categorically exempt from the requirement for preparation of
environmental documents pursuant to Section 15332 of the State CEQA Guidelines as an
infill development project, hi 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.
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2. The Design Review Board finds that the project, as conditioned herein with the findings
10 contained herein to grant participation in the Parking In-Lieu Fee Program and the
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 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:
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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-family
1 _ residential use and commercial/retail use in an appropriate location within the
Village. This in turn serves to enhance and maintain the area as a residential
16 neighborhood and encourages greater residential support opportunities in the
Village. By providing more residential and commercial/retail opportunities, the
17 project helps to create a lively, interesting social environment be encouraging
and increasing the opportunity for 24-hour life in the Village, which provides the
necessary customer base to attract complementary uses. The project's proximity
19 to existing bus routes and mass transit will help to further the goal of providing
new economic development near transportation corridors. Furthermore, the
20 project will provide a strong street presence with extensive architectural relief,
including outdoor decks looking out over the adjacent streets and fully enclosed
parking. Overall, the new residential units will enhance the Village as a place
for living and working. The commercial component will provide for additional
shopping opportunities.
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b. The project is consistent with the Village Redevelopment Master Plan and
24 Design manual in that the proposed project assists in satisfying the goals and
objectives set forth for Land Use District 1 through the following actions: 1) it
establishes the Village as a quality shopping, working, and living environment
26 by providing for a multi-family for-sale product which serves to increase the
type of housing options available to people seeking to reside in the downtown
27 area and providing for more retail/shopping opportunities, 2) it improves the
pedestrian and vehicular circulation in the Village Area by providing residential
units in close proximity to both bus and rail mass transit 3) it stimulates
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property improvements and new development in the Village by providing for an
2 appropriate intensity of residential development and commercial/retail
development that may serve as a catalyst for future redevelopment in the area, 4)
3 it improves the physical appearance of the Village Area by replacing older
structures with an aesthetically pleasing building with attractive landscaping.
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c. The project as designed is consistent with the development standards for Land
Use District 1, the Village Design Guidelines and other applicable regulations set
5 forth in the Village Master Plan and Design Manual.
7 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
improved to serve the development. The pedestrian spaces and circulation have
9 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
10 project has been conditioned to develop and implement a program of "best
management practices" for the elimination and reduction of pollutants which
11 enter into and/or are transported within storm drainage facilities.
12 e. The proposed project will not have an adverse impact on any open space within
13 the surrounding area. The project is consistent with the Open Space
requirements for new development within the Village Redevelopment Area and
14 the City's Landscape Manual.
' * f. The proposed project has been conditioned to comply with the Uniform Building
, s and Fire Codes adopted by the City to ensure that the project meets appropriate
fire protection and other safety standards.
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g. The proposed project is consistent with the Housing Element of the General
18 Plan, the City's Inclusionary Housing Ordinance, and the Redevelopment
Agency's Inclusionary Housing Requirement, as the Developer has been
conditioned to pay to the City an inclusionary housing in-lieu fee for six (6)
20 units.
21 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
23 designation is as follows:
24 a. The density is compatible with the surrounding area, which contains a variety of
uses including commercial/retail and multi-family residential. Application of the
25 RH General Plan designation on the subject property would allow for future
high density residential mixed-use development, which is permitted in District 1,
and would be compatible with the mixture of surrounding uses.
27 b. The RH General Plan density designation serves to satisfy the goals of the
28 Village Redevelopment Master Plan by increasing the number, quality, diversity,
DRBRESONO. 331 -3-
and affordability of housing units within this area of the Village. The high
2 density designation allows for future development that would be consistent with
the development in the area and the goals and objectives of the Redevelopment
3 Master Plan.
4 c. The RH General Plan density designation serves to satisfy the objectives of Land
Use District 1 by increasing the number of residential units in close proximity to
shops, restaurants, and mass transportation (Bus & Village Coaster Station).
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.
4. 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 created
by this project and in compliance with adopted City standards, in that all required public
10 facilities necessary to accommodate the proposed development have been provided or
are required as conditions of project approval.
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. 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.
13 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;
14 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 ensure that building permits will not be
17 issued for the project unless the District Engineer determines that sewer service
is available, and building cannot occur within the project unless sewer service
18 remains available and the District Engineer is satisfied that the requirements of
the Public Facilities Element of the General Plan have been met insofar as they
apply to sewer service for this project.
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b. All necessary public improvements have been provided or are required as
21 conditions of approval.
c. The project has been conditioned to provide proof from the Carlsbad Unified
_ School District that the project has satisfied its obligation to pay fees to provide
school facilities.
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d. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
25 wiii be collected prior to the issuance of building permit.
e. The Public Facility fee is required to be paid by Council Policy No. 17 and will
27 be collected prior to the issuance of building permit.
28 6. The project is consistent with the City's Landscape Manual.
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2 7. The Design Review Board has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed to
3 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.
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8. The Design Review Board finds that the Developer/Property owner qualifies to participate in
the Parking In-Lieu Fee Program and participation in the program will satisfy the parking
6 requirements for the project. Justification for participation in the Parking In-Lieu Fee
Program is contained in the following findings:
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a. The project is consistent with the Carlsbad General Plan because it provides for
a commercial/retail use in an appropriate location within the Village. The
9 project provides greater employment opportunities, enhances the pedestrian
orientation of the area, and retains the Village character and pedestrian scale
10 through adherence to the land use regulations and design guidelines set forth for
the area.
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, „ b. The project is consistent with Village Redevelopment Master Plan and Design
Manual in that the project assists in satisfying the goals and objectives set forth
13 for Land Use District 1 through the following actions: 1) the project provides
permitted commercial/retail space in a new structure; 2) the building is designed
14 in a manner that compliments nearby residential uses by incorporating many of
a same architectural elements found in residential projects; and 3) the project
consists of an individual building set back from the street and surrounded by an
abundance of landscaping.
17 c. Adequate parking is available within the Village to accommodate the project's
parking demands. Based on the most recent parking study conducted in
February of 2008, the average occupancy for all public parking lots is 78%. This
utilization ratio allows for continued implementation of the parking in-lieu fee
program because it is less than the 85% threshold for maximum utilization set
20 by the Housing and Redevelopment Commission.
21 d. The In-Lieu Fee Program has not been suspended or terminated by the Housing
and Redevelopment Commission.
23 GENERAL CONDITIONS:
24 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of
building permits.
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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
27 implemented and maintained over time, if any such conditions fail to be so implemented
and maintained according to their terms, the City/Agency shall have the right to revoke or
28 modify all approvals herein granted; deny or further condition issuance of all future
DRBRESONO. 331 -5-
building permits; deny, revoke or further condition all certificates of occupancy issued
2 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
3 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
Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
6 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.
7 Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.8
9 3. The Developer shall comply with all applicable provisions of federal, state, and local laws
and regulations in effect at the time of building permit issuance.
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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
13 unless the Housing and Redevelopment Commission determines that the project
without the condition complies with all requirements of law.
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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
members, officers, employees, agents, and representatives, from and against any and all
liabilities, losses, damages, demands, claims and costs, including court costs and
17 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
20 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.
22 6. The Developer shall submit to the Housing and Redevelopment Department a
23 reproducible 24" x 36", mylar copy of the Major Redevelopment Permit reflecting the
conditions approved by the final decision making body.
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7. The 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" blueline drawing
26 format.
27 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
pay fees to provide school facilities.
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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
Plan prior to the issuance of building permits.
10. Approval is granted for Major Redevelopment Permit RP 07-03 as shown on Exhibits
A-Q, dated June 2, 2008, on file in the Housing and Redevelopment Department and
incorporated herein by reference. Development shall occur substantially as shown unless
otherwise noted in these conditions.
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 the project unless the.local agency providing water
and sewer services to the project provides written certification to the City that adequate
water service and sewer facilities, respectively, are available to the project at the time of
the application for the building permit, and that water and sewer capacity and facilities
will continue to be available until the time of occupancy. A note to this effect shall be
placed on the Final Map.
HOUSING CONDITIONS;
13. At issuance of building permits, or prior to the approval of a final map and/or issuance of
certificate of compliance for the conversion of existing apartments to air-space
condominiums, the Developer shall pay to the City an inclusionary housing in-lieu fee as
an individual fee on a per market rate dwelling unit basis in the amount in effect at the
time, as established by City Council Resolution from time to time.
LANDSCAPE CONDITIONS:
14. The Developer shall submit and obtain Housing & 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 Developer shall construct and
install all landscaping as shown on the approved Final Plans, and maintain all landscaping
in a healthy and thriving condition, free from weeds, trash, and debris.
15. 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
project's building, improvement, and grading plans.
16. Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
MISCELLANEOUS CONDITIONS:
17. 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
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a building permit the Developer shall provide the Housing & Redevelopment
2 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
3 minimum, the CC&Rs shall contain the following provisions:
4 a. General Enforcement by the City. The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in favor
of, or in which the City has an interest.
6 b. Notice and Amendment. A copy of any proposed amendment shall be provided to the
7 City in advance. If the proposed amendment affects the City, City shall have the right
to disapprove. A copy of the final approved amendment shall be transmitted to City
within 30 days for the official record.
18. This project is being approved as a condominium permit for residential homeownership
purposes. If any of the units in the project are rented, the minimum time increment for
such rental shall be not less than 31 days. The CC&Rs for the project shall include this
11 requirement.
19. 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
14 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
, . approval will not be consistent with the General Plan and shall become void.16
17 20. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
18 substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and/or Housing and Redevelopment.
2Q 21. 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
21 recreational facilities.
22 NOTICING CONDITIONS:
22. Prior to the issuance of the building permit, Developer shall submit to the City a Notice
24 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
25 successors in interest that the City of Carlsbad has issued a Major Redevelopment
Permit by Resolution No. 331 on the real property owned by the Developer. Said Notice
of Restriction shall note the property description, location of the file containing complete
27 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
28 Director has the authority to execute and record an amendment to the notice which
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modifies or terminates said notice upon a showing of good cause by the Developer or
2 successor in interest.
3 ON-SITE CONDITIONS:
23. The developer shall construct trash receptacle and recycling areas as shown on the site
plan (Exhibit "C") 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
materials of the project and subject to the satisfaction of the Housing & Redevelopment
Director.
8 24. No outdoor storage of material shall occur onsite unless required by the Fire Chief.
9 When so required, the Developer shall submit and obtain approval of the Fire Chief and
the Housing & Redevelopment Director of an Outdoor Storage Plan, and thereafter
10 comply with the approved plan.
25. The developer shall submit and obtain Housing & Redevelopment Director approval of
12 an exterior lighting plan including parking areas. All lighting shall be designed to reflect
downward and avoid any impacts on adjacent homes or property.
13
26. All roof appurtenances, including air conditioners, shall be architecturally integrated and
14 concealed from view and the sound buffered from adjacent properties and streets, in
, 5 substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Housing and Redevelopment.
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27. Prior to issuance of the building permit, the Developer shall enter into a Parking In-
17 Lieu Fee Participation Agreement and pay the established Parking In-Lieu Fee for
six (6) parking spaces. The fee shall be the sum total of the fee per parking space in
effect at the time of the building permit issuance times the number of parking spaces
19 needed to satisfy the commercial/retail component of the project's parking
requirement (6 spaces total).
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28. The project shall have a master cable television hookup. Individual antennas shall
21 not be permitted.
22 29. There shall be separate utility systems for each unit.
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30. Building materials identified in acoustical study prepared by Eilar Associates shall
24 be used in the building construction in order to reduce noise levels to an acceptable
25 leVel'
26 31. Solid masonry walls shall be installed along all common lot lines that adjoin an
existing residential use.
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STANDARD CODE REMINDERS;28
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The project is subject to all applicable provisions of local ordinances, including but not limited to
2 the following code requirements.
Fees
3
32. 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.
33. The developer shall pay a landscape plan check and inspection fee as required by Section
5 20.080.050 of the Carlsbad Municipal Code.
7 34. 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
o of the City Engineer.
10 Genera!
11 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 the time of
building permit issuance, except as otherwise specifically provided herein.
36. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
14 Code Section 18.04.320.
15 37. 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
17 of the Housing & Redevelopment Director prior to installation of such signs.
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1 NOTICE
2
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
3 reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."4
5 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
6 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
o annul their imposition.
9 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,
10 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
\ 2 expired.
13 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:
15 AYES: BAKER, LAWSON, PRIETTO, SCHUMACHER, AND WHITTON
16 NOES: NONE
17 ABSENT: NONE
18 ABSTAIN: NONE
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. _ _ V LARSON, CHAIRPERSON
21 DESIG1/REVIEW BOARD
22 /ATTEST:
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24 \ jJbbo>
DEBBIE FOUNTAIN
HOUSING AND REDEVELOPMENT DIRECTOR
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