HomeMy WebLinkAbout1998-05-06; Planning Commission; Resolution 4263*
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
0 0
PLANNING COMMISSION RESOLUTION NO. 4263
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
UNIT RESIDENTIAL CONDOMINIUM ON PROPERTY
GENERALLY LOCATED ON THE WEST SIDE OF OCEAN
STREET BETWEEN CYPRESS AVENUE AND BEECH
AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: OCEAN STREET CONDOMINIUMS-
CASE NO.: SDP 97- 17
WHEREAS, Cindy Blair, “Developer”, has filed a verified application
DEVELOPMENT PLAN NO. SDP 97-17 TO ALLOW A TWO-
PALISOULBLAIR RESIDENCE
City of Carlsbad regarding property owned by Philip R. Palisoul and Pamela F. 1
husband and wife, as joint tenants, and Martin L. Blair and Cynthia S. Blair, husb:
wife, as joint tenants, “Owner”, described as
Lots 15 and 16 in block “A” Hayes Land Co. Addition to
Carlsbad Map No. 2, City of Carlsbad
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Dew
Plan as shown on Exhibits “A” - “G” dated May 6, 1998 , on file in the Planning Del
OCEAN STREET CONDOMINIUMS - PALISOULBLAIR RESIDENCE, SDP
provided by Chapter 21.06 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 6th day of May, 199j
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all t
and arguments, if any, of all persons desiring to be heard, said Commission considered 2
relating to the Site Development Plan.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission of the City of Carlsbad as follows:
I
0 0
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
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the P
Commission APPROVES OCEAN STREET CONDOMINIU
PALISOULBLAIR RESIDENCE, SDP 97-17 based on the following f
and subject to the following conditions:
Findings:
1. The Planning Commission finds that the project, as conditioned herei
conformance with the Elements of the City’s General Plan, based on the followin:
a. Land Use - The project is consistent with the City’s General Plan s
proposed density of 18 ddacre is within the density range of 15-2
specified for the site by the General Plan and the proposed density is at (
the growth control point of 19 ddac.
b. Housing - That the project is consistent with the Housing Elemer
General Plan and the Inclusionary Housing Ordinance as the Developer
conditioned to pay an inclusionary housing in-lieu fee.
2. The project is consistent with the City-Wide Facilities and Improvements 1
applicable local facilities management plan and all City public facility poli
ordinances since:
a. The project has been conditioned to ensure the building permits will not 1
for the project unless the District Engineer determines that sewer SI
available, and building cannot occur within the project unless sewel
remains available, and the District Engineer is satisfied that the require
the Public Facilities Element of the General Plan have been met insofa
apply to sewer service for this project.
b. Statutory School fees will be paid to ensure the availability of school fac
the Carlsbad Unified School District.
c. Park-in-lieu fees are required as a condition of approval.
d. All necessary public improvements have been provided or are rec
conditions of approval.
e. The Developer has agreed and is required by the inclusion of an ap
condition to pay a public facilities fee. Performance of that contract and
of the fee will enable this body to find that public facilities will be
concurrent with need as required by the General Plan.
PC RES0 NO. 4263 -2-
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
e 0
3. The project has been conditioned to pay any increase in public facility fee,
construction tax, or development fees, and has agreed to abide by any a(
requirements established by a Local Facilities Management Plan prepared pur
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued avails
public facilities and will mitigate any cumulative impacts created by the project.
4. This project has been conditioned to comply with any requirement approved as p:
Local Facilities Management Plan for Zone 1.
5. That the requested use is properly related to the site, surroundings and envirc
settings, is consistent with the various elements and objectives of the General P
not be detrimental to existing uses or to uses specifically permitted in the area i
the proposed use is to be located, and will not adversely impact the site, surrour
traffic circulation, in that the proposed project is compatible in appearance 7
surrounding development, is similar in density to the surrounding develop
consistent with the General Plan designation for the site (Residential
Density), is consistent with the applicable development standards for the I
Zone, Beach Area Overlay Zone, and Condominium regulations).
6. That the site for the intended use is adequate in size and shape to accommodate tl.
that the proposed project provides two reasonably sized residential UI
provides an adequate amount of parking for those two units and the projec
is compatible with the surrounding development.
7. That all yards, setbacks, walls, fences, landscaping, and other features necessary
the requested use to existing or permitted future uses in the neighborhood
provided and maintained, in that the project complies with all applicable deve
standards of the Beach Area Overlay Zone, the R-3 Zone, and the Condc
(Planned Unit Development) standards except as identified and approved
97-03 and AV 97-07.
8. That the street systems serving the proposed use is adequate to properly handle i
generated by the proposed use, in that the project will generate only 16 AD
area which can be adequately accommodated by the existing street system.
9. That the project is consistent with the City’s Landscape Manual, adopted by CitJ
Resolution No. 90-384.
10. The Planning Commission has reviewed each of the exactions imposed on the P
contained in this resolution, and hereby finds, in this case, that the exactions are
to mitigate impacts caused by or reasonably related to the project, and the exter
degree of the exaction is in rough proportionality to the impact caused by the pro
PC RES0 NO. 4263 -3 -
Planning Conditions:
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
15
18
15
2c
21
2;
2:
2L
2:
2t
2’
2:
1.
2.
3.
4.
5.
6.
7.
8.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the 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
substantially different from this approval, shall require an amendment to this approval.
The Developer shall comply with all applicable provisions of federal, state, and local
ordinances in effect at the time of building permit issuance.
The Developer shall provide the City with a reproducible 24” x 36”, mylar copy of the
Site Plan as approved by the final decision making body. The Site Plan shall reflect the
conditions of approval by the City. The Plan copy shall be submitted to the City
Engineer and approved prior to building, grading, final map, or improvement plan
submittal, whichever occurs first.
The Developer shall include, as part of the plans submitted for any permit plan check, a
reduced legible version of the approving resolutions on a 24” x 36” blueline drawing.
Said blueline drawing(s) shall also include a copy of any applicable Coastal Development
Permit and signed approved site plan.
The final map shall not be approved unless the City Council finds as of the time of such
approval that sewer service is available to serve the subdivision.
Building permits will not be issued for development of the subject property unless the
District Engineer determines that sewer facilities are available at the time of application
for such sewer permits and will continue to be available until time of occupancy. A note
to this effect shall be placed on the final map.
The Developer shall pay the public facilities fee adopted by the City Council on July 28,
1987, (amended July 2, 1991) and as amended from time to time, and any development
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal
Code or other ordinance adopted to implement a growth management system or Facilities
and Improvement Plan and to fulfill the subdivider’s agreement to pay the public
facilities fee dated August 29, 1997, a copy of which is on file with the City Clerk and is
incorporated by this reference. If the fees are not paid, this application will not be
consistent with the General Plan and approval for this project will be void.
The Developer shall provide proof of payment of statutory school fees to mitigate
conditions of overcrowding as part of the building permit application. The amount of
these fees shall be determined by the fee schedule in effect at the time of building permit
application.
PC RESO NO. 4263 -4-
e 0
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
9. This project shall comply with all conditions and mitigation measures which are
as part of the Zone 1 Local Facilities Management Plan and any amendments
that Plan prior to the issuance of building permits.
10. If any condition for construction of any public improvements or facilities, or the
of any fees in-lieu thereof, imposed by this approval or imposed by law on this re
housing project are challenged this approval shall be suspended as pro1
Government Code Section 66020. If any such condition is determined to be in\
approval shall be invalid unless the City Council determines that the project wil
condition complies with all requirements of law.
11. Approval of SDP 97-17 is granted subject to the approval of V 97-03, HDP 97-
97-08 and CDP 97-36. SDP 97-17 is subject to all conditions contained in I
Commission Resolutions No. 4264, 4265, 4266, and 4267 for V 97-03, HD:
SUP 97-08, and CDP 97-36 and the Planning Department’s approval lettel
97-05 and AV 97-07, and the Engineering Department’s approval letter for
12.
12. Prior to the issuance of the building permit, Developer shall submit to the City
of Restriction to be filed in the office of the County Recorder, subject to the sal
of the Planning Director, notifying all interested parties and successors in interes
City of Carlsbad has issued a Site Development Plan by Resolution No. 4263 01
property owned by the Developer. Said Notice of Restriction shall note the
description, location of the file containing complete project details and all conc
approval as well as any conditions or restrictions specified for inclusion in the 1
Restriction. The Planning Director has the authority to execute and record an am
to the notice which modifies or terminates said notice upon a showing of good
the Developer or successor in interest.
13. No outdoor storage of materials shall occur onsite unless required by the Fire (
such instance a storage plan will be submitted for approval by the Fire Chiel
Planning Director.
14. The Developer shall prepare a detailed landscape and irrigation plan in conform2
the approved Preliminary Landscape Plan and the City’s Landscape Manual. 1
shall be submitted to and approval obtained from the Planning Director pric
approval of the final map, grading permit, or building permit, whichever occurs f
Developer shall construct and install all landscaping as shown on the approved p
maintain all landscaping in a healthy and thriving condition, free from weeds, t
debris.
15. The first submittal of detailed landscape and irrigation plans shall be accompani
project’s building, improvement, and grading plans.
PC RES0 NO. 4263 -5-
0 0
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
16. Building identification and/or addresses shall be placed on all new and existing t
so as to be plainly visible from the street or access road; color of identificatio
addresses shall contrast to their background color.
17. This project is being approved as a condominium permit for residential home01
purposes. If any of the units in the project are rented, the minimum time incre
such rental shall be not less than 26 days. The CC&Rs for the project shall inc
requirement.
18. Prior to the issuance of building permits, the Developer shall prepare and record
of Restriction that this property is subject to overflight, sight, and sound ol
operating from McClellan-Palomar Airport, in a form meeting the approva
Planning Director and the City Attorney.
19. Prior to the issuance of building permits, or prior to the approval of a final mz
issuance of certificate of compliance for the conversion of existing apartmeni
space condominiums, the Developer shall pay to the City an inclusionary housin
fee as an individual fee on a per market rate dwelling unit basis.
20. Grading activities for this project shall be limited to the period of April 1
October 1 of each year pursuant to Section 21.203 of the Carlsbad Municipa
21. The Developer shall establish a homeowner’s association and corresponding c(
conditions and restrictions. Said CC&Rs shall be submitted to and approve
Planning Director prior to final map approval. Prior to issuance of a building p
Developer shall provide the Planning Department with a recorded copy of thl
CC&Rs that have been approved by the Department of Real Estate and the
Director. At a minimum, the CC&Rs shall contain the following provisions:
a. General Enforcement by the City. The City shall have the right, bu
obligation, to enforce those Protective Covenants set forth in this Deck
favor of, or in which the City has an interest.
b. Failure of Association to Maintain Common Area Lots and Easement
event that the Association fails to maintain the “Common Area Lots a
Association’s Easements” as provided in Article , Section __
the City shall have the right, but not the duty, to perform the 1
maintenance. If the City elects to perform such maintenance, the City :
written notice to the Association, with a copy thereof to the Owners in th,
setting forth with particularity the maintenance which the City finds to be
and requesting the same be carried out by the Association within a perioc
(30) days from the giving of such notice. In the event that the Associatic
carry out such maintenance of the Common Area Lots and/or Assc
Easements within the period specified by the City’s notice, the City
entitled to cause such work to be completed and shall be er
reimbursement with respect thereto fiom the Owners as provided herein.
PC RES0 NO. 4263 -6-
.I
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
e 0
C. Special Assessments Levied by the City. In the event the City has perf01
necessary maintenance to either Common Area Lots and/or Asso
Easements, the City shall submit a written invoice to the Association for
incurred by the City to perform such maintenance of the Common Area :
or Association’s Easements. The City shall provide a copy of such in
each Owner in the Project, together with a statement that if the Associatio:
pay such invoice in full within the time specified, the City will pursue c
against the Owners in the Project pursuant to the provisions of this Sectic
invoice shall be due and payable by the Association within twenty (20)
receipt by the Association. If the Association shall fail to pay such invoic
within the period specified, payment shall be deemed delinquent and
subject to a late charge in an amount equal to six percent (6%) of the ar
the invoice. Thereafter the City may pursue collection from the Assocj
means of any remedies available at law or in equity. Without lim:
generality of the foregoing, in addition to all other rights and remedies i
to the City, the City may levy a special assessment against the Owners of
in the Project for an equal prorata share of the invoice, plus the late chars
special assessment shall constitute a charge on the land and shall be a cc
lien upon each Lot against which the special assessment is levied. Each (
the Project hereby vests the City with the right and power to levy sucl
assessment, to impose a lien upon their respective Lot and to bring
actions and/or to pursue lien foreclosure procedures against any Ov
hidher respective Lot for purposes of collecting such special asses:
accordance with the procedures set forth in Article of this Decla~
Engineering Conditions:
Note: Unless specifically stated in the condition, all of the following engineering condi
to be satisfied prior to the approval of the Parcel Map or prior to issuance of the gr,
building permits, whichever occurs first.
22. Building permits will not be issued for development of the subject property u
District Engineer determines that sewer facilities are available.
23. Prior to issuance of any building permit, the developer shall comply 1
requirements of the City’s anti-graffiti program for wall treatments if and whe
program is formerly established by the City.
i 24. The developer shall pay all current fees and deposits required.
25. Prior to issuance of a building permit for any buildable lot within the subdivj
property owner shall pay a one-time special development tax in accordance 7
Council Resolution No. 91-39.
26. The owner of the subject property shall execute an agreement holding the City
regarding drainage across the adjacent property.
PC RES0 NO. 4263 -7-
.- e e
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16 ,
27. The developer shall defend, indemnify and hold harmless the City and its agents,
and employees from any claim, action or proceeding against the City or it:
officers, or employees to attack, set aside, void or null an approval of the (
Planning Commission or City Engineer which has been brought against the Cit
the time period provided for by Section 66499.37 of the Subdivision Map Act.
28. The owner shall execute a hold harmless agreement for geologic failure.
29. Prior to approval of any grading or building permits for this project, the owner s
written consent to the annexation of the area shown within the boundarie
subdivision into the existing City of Carlsbad Street Lighting and Landscaping
No. 1 on a form provided by the City.
30. The developer shall provide an acceptable means for maintaining the private eL
within the project / subdivision and all the private: streets, sidewalks, street ligh
drain facilities and sewer facilities located therein and to distribute the costs
maintenance in an equitable manner among the owners of the properties w
subdivision. Adequate provision for such maintenance shall be included with the
subject to the approval of the City Engineer.
31. The developer shall comply with the City's requirements of the National 1
Discharge Elimination System (NPDES) permit. The developer shall prot
management practices as referenced in the "California Storm Water Best Mar
Practices Handbook" to reduce surface pollutants to an acceptable level prior to C
to sensitive areas. Plans for such improvements shall be approved by the City E
Said plans shall include but not be limited to notifying prospective owners and tc
the following:
17
18
19
20
21
22
23
A. All owners and tenants shall coordinate efforts to establish or w(
established disposal programs to remove and properly dispose of tc
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, mc
antifreeze, solvents, paints, paint thinners, wood preservatives, and otl
fluids shall not be discharged into any street, public or private, or into sto
or storm water conveyance systems. Use and disposal of pesticides, fLu
herbicides, insecticides, fertilizers and other such chemical treatments SI
Federal, State, County and City requirements as prescribed in their rc
containers.
~
24 11 C. Best Management Practices shall be used to eliminate or reduce surface r
9C when planning any changes to the landscaping and surface improvements
/5-J II
26 31. No grading shall occur outside the boundary of this project unless a grading
27 easement is obtained fiom the owners of the affected properties. If the applicant
the grading or slope easement, no grading permit will be issued. In that case the
28 (1 PC RES0 NO. 4263 -8-
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
32.
33.
34.
35.
36.
37.
38.
39.
must either amend the site plan so grading will not occur outside the project site in a
manner which substantially conforms to the approved project as determined by the City
Engineer and Planning Director.
Based upon a review of the proposed grading and the grading quantities shown on the
tentative map / site plan, a grading permit for this project appears to be required. (the
developer must submit and receive approval for grading plans in accordance with city
codes and standards prior to issuance of a building permit or approval or a parcel map
for the project.)
Upon completion of grading, the developer shall ensure that an “as-graded” geologic plan
is submitted to the City Engineer. The plan shall clearly show all the geology as exposed
by the grading operation, all geologic corrective measures as actually constructed and
must be based on a contour map which represents both the pre and post site grading. This
plan shall be signed by both the soils engineer and the engineering geologist. The plan
shall be prepared on a 24” x 36” mylar or similar drafting film and shall become a
permanent record.
Prior to hauling dirt or construction materials to or from the site, the developer shall
submit to and receive approval from the City Engineer for the proposed haul route. The
developer shall comply with all conditions and requirements the City Engineer may
impose with regards to the hauling operation.
The 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 the Carlsbad Municipal Code and the City Engineer.
Additional drainage easements may be required. Drainage structures shall be provided or
installed prior to or concurrent with any grading or building permit as ,may be required by
the City Engineer.
The owner shall make an offer of dedication to the City for all public streets and
easements required by these conditions or shown on the tentative map and site plan. All
land so offered shall be granted to the City free and clear of all liens,and encumbrances
and without cost to the City. Streets that are already public are not required to be
rededicated.
Prior to issuance of building permits, the developer shall underground all existing
overhead utilities along the project / subdivision boundary.
Plans, specifications and supporting documents for all improvements shall be prepared to
the satisfaction of the City Engineer. The developer shall install, or agree to install and
secure with appropriate security as provided by law, improvements shown on the site
plan / tentative parcel map and the following improvements to City Standards to the
satisfaction of the City Engineer:
PC RESO NO. 4263
.. e 0
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
A. Half (1/2) street improvements to Ocean Street, including off-site tra
B. A private sewer pump system including fail-safe or emergency
C. A private drainage system as shown on the site pladtentative map
as required.
systems as required.
project.
D. Underground utilities and services to this project.
40. Ocean Street shall be dedicated by the owner along the project/subdivision
based on a centerline to right-of-way width of 25 feet in conformance with
Carlsbad Standards. The offer shall be made by a Certificate on the Parcel b
land so offered shall be granted to the City free and clear of all liens and encur
and without cost to the City. Streets that are already public are not requiri
rededicated.
Fire Conditions:
41. Prior to the issuance of building permits, the Fire Department shall evaluate build:
for conformance with applicable fire and life safety requirements of the state and 1
Codes.
42. Applicant shall submit a site plan to the Fire Department for approval, whicl
location of required, proposed and existing public water mains and fire hydrants.
should include off-site fire hydrants within 200 feet of the project.
43. Applicant shall submit a site plan depicting emergency access routes, drive\
traffic circulation for Fire Department approval.
44. An all-weather, unobstructed access road suitable for emergency service vehicle:
provided and maintained during construction. When in the opinion of the Fire (
access road has become unserviceable due to inclement weather or other reasons
in the interest of public safety, require that construction operations cease
condition is corrected.
45. All required water mains, fire hydrants and appurtenances shall be operation
combustible building materials are located on the construction site.
46. Prior to final inspection, all security gate systems controlling vehicular access
equipped with a “Knox”, key-operated emergency entry device. Applicant sha
the Fire Prevention Bureau for specifications and approvals prior to installation.
~ PC RES0 NO. 4263 -1 0-
e 0
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
Water conditions:
47. The entire potable water system, reclaimed water system and sewer system
evaluated in detail to insure that adequate capacity, pressure and flow demand
met.
48. The Developer shall be responsible for all fees, deposits and charges which
collected before and/or at the time of issuance of the building permit. The Sz
County Water Authority capacity charge will be collected at issuance of applic
meter installation.
49. Sequentially, the Developers Engineer shall do the following:
A. Meet with the City Fire Marshal and establish the fire protection requi
Also obtain G.P.M. demand for domestic and irrigational needs from apj
parties.
B. Prepare a colored reclaimed water use area map and submit to the
Department for processing and approval.
C. Prior to the preparation of sewer, water, and reclaimed water improveme
a meeting must be scheduled with the District Engineer for review, corn]
approval of the preliminary system layouts and usages (i.e., -GPM - EDU
50. This project is approved upon the expressed condition that building permits wi
issued for development of the subject property unless the water district ser
development determines that adequate water service and sewer facilities are av;
the time of application for such water service and sewer permits will contin
available until time of occupancy. This note shall be placed on the final map.
General Conditions:
51.
~
If any of the foregoing conditions fail to occur; or if they are, by their tern
implemented and maintained over time, if any of such conditions fail t
implemented and maintained according to their terms, the City shall have the
revoke or modify all approvals herein granted; deny or further condition issuar
future building permits; deny, revoke or further condition all certificates of o(
issued under the authority of approvals herein granted; institute and prosecute liti
compel their compliance with said conditions or seek damages for their viol;
vested rights are gained by Developer or a successor in interest by the City’s ap
this Site Development Plan.
Standard Code Reminders:
This project is subject to all applicable provisions of local ordinances, including but not
to the following code requirements.
PC RES0 NO. 4263 -1 1-
c
c
I
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
a e
52. The Developer shall pay park-in-lieu fees to the City, prior to the approval of
map as required by Chapter 20.44 of the Carlsbad Municipal Code.
53. The Developer shall pay a landscape plan check and inspection fee as required bJ
20.08.050 of the Carlsbad Municipal Code.
54. This approval shall become null and void if building permits are not issued
project within 24 months from the date of project approval.
55. Approval of this request shall not excuse compliance with all applicable sectiol
Zoning Ordinance and all other applicable City ordinances in effect at time of
permit issuance, except as otherwise specifically provided herein.
56. All roof appurtenances, including air conditioners, shall be architecturally integl
concealed from view and the sound buffered from adjacent properties and SI
substance as provided in Building Department Policy No. 80-6, to the satisfactic
Directors of Community Development and Planning.
57. All landscape and irrigation plans shall be prepared to conform with the L;
Manual and submitted per the landscape plan check procedures on file in the
Department.
“NOTICE TO APPLICANT”
Please take NOTICE that approval of your project includes “imposition” of the f
fees, dedications, reservations, or other exactions. All fees herein imposed are p
Building Permit issuance, except Drainage Fees, which are paid prior to fi
approval. The amounts set forth below are estimates; the final, actual amount
vary, depending on the actual formula variables, including the fee itself, at
payment. The City reserves the right to modify the fee, dedication, reservation,
or an element thereof, to the extent permitted by law.
You have 90 days from the date of approval, as defined by the Code of Civil P
51094.6 Notice pursuant to Carlsbad Municipal Code Section 1.16.010(f), tl
imposition of these fee/exactions. If you protest them, you must follow th
procedure set forth in Government Code Section 66020(a), and file the protest
other required information with the City Manager for processing in accorda
Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that proce
bar any subsequent legal action to attack, review, set aside, void, or an
imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified
exactions DOES NOT APPLY to water and sewer connection fees and capacity
nor planning, zoning, grading or other similar application processing or servic
connection with this project; NOR DOES IT APPLY to any fees or exactions
I PC RES0 NO. 4263 -12-
c
i
e 0
1
2
3
you have previously been given a NOTICE similar to this, or as to which the s
limitations has previously otherwise expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the 1
I
4
5
ABSENT: 9
8
7
AYES: Chairperson Noble, Commissioners Compas, Heineman, N 6
following vote, to wit:
Commission of the City of Carlsbad, California, held on the 6th day of May 1993
and Savary
NOES: Commissioners Nielsen and Welshons
10 ABSTAIN:
11
12
13
14
15 CARLSBAD PLANNING COMMISSION
16
17
ATTEST:
18
19
20
21
22
23
24
25
26
27
\&- 1
MICHAEL J. HOLZMIL~~R
Planning Director
28 I( PC RES0 NO. 4263 -13-