HomeMy WebLinkAbout1999-11-17; Planning Commission; Resolution 46500 0
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PLANNING COMMISSION RESOLUTION NO. 4650
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
ACRES INTO 9 LOTS ON PROPERTY GENERALLY
LOCATED SOUTH OF LA COSTA AVENUE AND EAST OF
EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT
ZONE 6
CASE NAME: LA COSTA GREENS
CASE NO.: CT 98-23
WHEREAS, Legacy Development, a California Limited Liability Co
CARLSBAD TRACT NUMBER CT 98-23 TO SUBDIVIDE 1.19
9 “Developer”/“Ownery’, has filed a verified application with the City of Carlsbad rt
10 property described as
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Lots 9 and 10 of La Costa Greens, in the City of Carlsbad,
County of San Diego, State of California, according to map
thereof No. 6708, filed in the Office of the County Recorder of
San Diego County, August 10,1970
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WHEREAS, said verified application constitutes a request for a Tentatj 15
(“the Property”); and
Map as shown on Exhibit(s) “A” - “D” dated November 3, 1999, on file in the
l7 (1 Department, LA COSTA GREENS, CT 98-23, as provided by Chapter 20.12 of the
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20 WHEREAS, the Planning Commission did, on the 3rd day of Novembl
21 and on the 17th day of November, 1999, hold a duly noticed public hearing as prescribe
22 to consider said request; and
23 WHEREAS, at said public hearing, upon hearing and considering all tt
24 and arguments, if any, of persons desiring to be heard, said Commission considered al
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relating to the Tentative Tract Map. 26
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Municipal Code; and
NOW, THEREFORE7 BE IT HEREBY RESOLVED by the I
28 Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Cor
APPROVES LA COSTA GREENS, CT 98-23, based on the following
and subject to the following conditions:
Findinm:
1. That the proposed map and the proposed design and improvement of the subdi
conditioned, is consistent with and satisfies all requirements of the General I
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and
Subdivision Map Act, and will not cause serious public health problems, in thai
being created satisfy all minimum requirements of Title 21 governing lot
configuration and Title 20 regarding subdivision design.
2. That the proposed project is compatible with the surrounding future land u:
surrounding property to the east is designated for Residential developmen
General Plan, in that the adjacent property to the east is developed with re
and setbacks are provided from the adjacent TraveYRecreation Con
designated property to the west and the property to the north and south :
use designated Open Space.
3. That the site is physically suitable for the type and density of the development 1
site is adequate in size and shape to accommodate residential development at thc
proposed, in that the project site can accommodate the proposed re!
development while providing all required setbacks and other amenities reql
the applicable City regulations.
4. That the design of the subdivision or the type of improvements will not conf
easements of record or easements established by court judgment, or acquirec
public at large, for access through or use of property within the proposed subdiv
that prior to recordation of the final map, the developer will vacate and adj
easements that conflict with the proposed development.
5. That the property is not subject to a contract entered into pursuant to tl
Conservation Act of 1965 (Williamson Act).
6. That the design of the subdivision provides, to the extent feasible, for fbture p;
natural heating or cooling opportunities in the subdivision, in that the p
development will consist of individual units with adequate separation to prc
circulation within and surrounding any future development.
7. That the Planning Commission has considered, in connection with the housing I:
by this subdivision, the housing needs of the region, and balanced those housir
against the public service needs of the City and available fiscal and enviro
resources.
8. That the design of the subdivision and improvements are not likely to cause sui
environmental damage nor substantially and avoidably injure fish or wildlife
habitat, in that the minor amount of fill material will not significantly incrc
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limits of inundation, create erosive velocities, or result in any appreciable in
the water surface elevation and that the site does not contain any si
biological resources.
9. That the discharge of waste from the subdivision will not result in violation o
California Regional Water Quality Control Board requirements, in that the pr
been designed in accordance with the Best Management practices for wate
protection in accordance with the City’s sewer and drainage standards
project is conditioned to comply with the National Pollution Discharge Eli]
System (NPDES) requirements.
10. 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
proposed density of 7.4 ddacre is within the density range of 15 - 2:
specified for the site as indicated on the Land Use Element of the Genc
and is at or below the growth control point of 19 units per acre.
B. Circulation - The existing secondary arterial is adequate is
accommodate the increase in vehicle trips and the project is condit
provide street frontage improvements to La Costa Avenue.
C. Noise - The project will not generate excessive noise nor will it be SI
noise levels greater than allowed by the General Plan
D. Housing - That the project is consistent with the Housing Element of the
Plan and the Inclusionary Housing Ordinance as the Developer 1-
conditioned to pay an Inclusionary housing In-Lieu fee.
E. Open Space and Conservation The proposed project will provide .39
open space within three lots to preserve steep slope areas.
I F. Public Safety - The site is within the limits recognized for the availa
public safety services.
G. Parks and Recreation - The project will contribute toward the pro1
parks through a park in-lieu fee.
I 11. The project is consistent with the City-Wide Facilities and Improvements Plan, t
Facilities Management Plan for Zone 6 and all City public facility polic
ordinances. The project includes elements or has been conditioned to cons
provide finding to ensure that all facilities and improvements regarding: sewer cc
and treatment; water; drainage; circulation; fire; schools; parks and other recl
facilities; libraries; government administrative facilities; and open space, relate
project will be installed to serve new development prior to or concurrent wi
Specifically,
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a. The project has been conditioned to provide proof from the Carlsba
District that the project has satisfied its obligation for school facilities.
b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 21
will be collected prior to issuance of building permit.
c. The Public Facility fee is required to be paid by Council Policy No. 17 ar.
collected prior to the issuance of building permit.
d. The Local Facilities Management fee for Zone 6 is required by
Municipal Code Section 21.90.050 and will be collected prior to iss
building permit.
e. The project has been conditioned to ensure that the final map will not be
unless the City Council finds that sewer service is available to serve thc
In addition, the project is conditioned such that a note shall be placed on
map that building permits may not be issued for the project unless tht
Engineer determines that sewer service is available, and building cam
within the project unless sewer service remains available, and the
Engineer is satisfied that the requirements of the Public Facilities Eleme
General Plan have been met insofar as they apply to sewer service for this
12. The Developer shall pay the citywide Public Facilities Fee imposed by City
Policy #17, the License Tax on new construction imposed by Carlsbad Municil
Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits a1
by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any a]
Local Facilities Management Plan fee for Zone 6, pursuant to Chapter 21.90.
taxedfees shall be paid at issuance of building permit. If the taxedfees and not I
approval will not be consistent with the General Plan and shall become void.
13. Planning Commission has reviewed each of the exactions imposed on the Dl
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 extent
degree of the exaction is in rough proportionality to the impact caused by the proj
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final m:
1. If any of the following conditions fail to occur; or if they are, by their term
implemented and maintained over time, if any of such conditions fail tc
implemented and maintained according to their terms, the City shall have the
revoke or modify all approvals herein granted; deny or further condition issuanc
future building permits; deny, revoke or further condition all certificates of OCI
issued under the authority of approvals herein granted; institute and prosecute litii
compel their compliance with said conditions or seek damages for their viola1
vested rights are gained by Developer or a successor in interest by the City’s app
this Tentative Tract Map.
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2. Staff is authorized and directed to make, or require the Developer to make, all c(
and modifications to the Tentative Tract Map documents, as necessary to m
internally consistent and in conformity with the final action on the project. Dev
shall occur substantially as shown on the approved Exhbits. Any proposed dev
different from this approval, shall require an amendment to this approval.
3. The Developer shall comply with all applicable provisions of federal, state, i
ordinances in effect at the time of building permit issuance.
4. 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 thi
are challenged, this approval shall be suspended as provided in Government Cod
66020. If any such condition is determined to be invalid this approval shall b
unless the City Council determines that the project without the condition comr
all requirements of law.
5. The Developer shall implement, or cause the implementation of, the La Costa
Project Mitigation Monitoring and Reporting Program.
6. The Developer/Operator shall and does hereby agree to indemnify, protect, de
hold harmless the City of Carlsbad, its Council members, officers, employees, ag
representatives, from and against any and all liabilities, losses, damages, demand
and costs, including court costs and attorney’s fees incurred by the City arising
or indirectly, from (a) City’s approval and issuance of this Tentative Tract TI
City’s approval or issuance of any permit or action, whether discretionary
discretionary, in connection with the use contemplated herein, 2
Developer/Operator’s installation and operation of the facility permitted
including without limitation, any and all liabilities arising from the emissior
facility of electromagnetic fields or other energy waves or emissions.
7. The Developer shall submit to the Planning Department a reproducible 24‘
mylar copy of the Tentative Map reflecting the conditions approved by the final
making body.
8. Prior to the issuance of a building permit, the Developer shall provide pro0
Director from the appropriate school district that this project has satisfied its oblii
provide school facilities.
9. This project shall comply with all conditions and mitigation measures which are
as part of the Zone 6 Local Facilities Management Plan and any amendments
that Plan.
10. This approval is granted subject to the approval of PUD 98-O8/SUP 98-10/HD.
and is subject to all conditions contained in Planning Commission Resolutic
4651,4652 and 4653 for those other approvals.
11. Building permits will not be issued for this project unless the local agency PI
water and sewer services to the project provides written certification to the C
adequate water service and sewer facilities, respectively, are available to the proje
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time of the application for the building permit, and that water and sewer cap
facilities will continue to be available until the time of occupancy. A note to t
shall be placed on the Final Map.
12. Developer shall pay to the City an inclusionary housing in-lieu fee as an individl
a per market rate dwelling unit basis in the amount in effect at the time, as estak
City Council Resolution from time to time.
13. The Developer shall submit and obtain Planning Director approval of a Final I
and Irrigation Plan showing conformance with the approved Preliminary Landst
and the City’s Landscape Manual. The Developer shall construct and i:
landscaping as shown on the approved Final Plans, and maintain all landsca]
healthy and thnving condition, free from weeds, trash, and debris.
14. The first submittal of Final Landscape and Irrigation Plans shall be pursua
landscape plan check process on file in the Planning Department and accompani
project’s building, improvement, and grading plans.
15. The Developer shall establish a homeowner’s association and corresponding CI
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 th
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 bv the City. The City shall have the right, bu1
obligation, to enforce those Protective Covenants set forth in this Deck
favor of, or in whch the City has an interest.
B. Notice and Amendment. A copy of any proposed amendment shall be prc
the City in advance. If the proposed amendment affects the City, City s:
the right to disapprove. A copy of the final approved amendment
transmitted to City within 30 days for the official record.
C. Failure of Association to Maintain Common Area Lots and Easement5
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 s
written notice to the Association, with a copy thereof to the Owners in thc
setting forth with particularity the maintenance which the City finds to be
and requesting the same be carried out by the Association within a period
(30) days from the giving of such notice. In the event that the Associatio
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 en
reimbursement with respect thereto from the Owners as provided herein.
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D. Special Assessments Levied by the City. In the event the City has perfc
necessary maintenance to either Common Area Lots and/or Assc
Easements, the City shall submit a written invoice to the Association fol
incurred by the City to perform such maintenance of the Common Area
or Association’s Easements. The City shall provide a copy of such i
each Owner in the Project, together with a statement that if the Associatic
pay such invoice in full within the time specified, the City will pursue (.
against the Owners in the Project pursuant to the provisions of this Secti
invoice shall be due and payable by the Association withn twenty (20
receipt by the Association. If the Association shall fail to pay such invoi
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 a:
the invoice. Thereafter the City may pursue collection from the Assoc
means of any remedies available at law or in equity. Without lim
generality of the foregoing, in addition to all other rights and remedies
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 chx,
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 andor to pursue lien foreclosure procedures against any OP
hidher respective Lot for purposes of collecting such special asses:
accordance with the procedures set forth in Article of this Declm
16. Developer shall submit to the City a Notice of Restriction to be filed in the offi
County Recorder, subject to the satisfaction of the Planning Director, noti:
interested parties and successors in interest that the City of Carlsbad has iss
Tentative Tract Map, Planned Unit Development, Special Use Permit and
Development Permit by Resolution(s) No. 4650, 4651, 4652 and 4653 on
property owned by the Developer. Said Notice of Restriction shall note the
description, location of the file containing complete project details and all cond
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 c
the Developer or successor in interest.
17. Developer shall prepare and record a Notice that this property may be subject
impacts from the proposed or existing Transportation Corridor, in a form met
approval of the Planning Director and City Attorney (see Noise Form #1 on fi
Planning Department).
Enpineering
18. Prior to issuance of any building permit, the developer shall comply with the requj
of the City’s anti-graffiti program for wall treatments if and when such a prc
formerly established by the City.
19. There shall be one final subdivision map recorded for this project.
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20. The developer shall provide an acceptable means for maintaining the private e
within the subdivision and all the private: streets, sidewalks, street lights, sto
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.
21. 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 City m
time period provided for by Section 66499.37 of the Subdivision Map Act.
22. Prior to hauling dirt or construction materials to or from any proposed construc
within this project, the developer shall submit to and receive approval from
Engineer for the proposed haul route. The developer shall comply with all condit
requirements the City Engineer may impose with regards to the hauling operation.
23. Rain gutters must be provided to convey roof drainage to an approved drainage c
street to the satisfaction of the City Engineer.
24. Notes to the following effects shall be placed on the final map as non-mapping da
A. All improvements are private and are to be privately maintained v
exception of sewer and water mains.
33. No structure, fence, wall, tree, shrub, sign, or other object over 30 inche
the street level may be placed or permitted to encroach within the area ic
as a sight distance corridor in accordance with City Standard Public Street
Criteria, Section 8.B.3. The underlying property owner shall maint
condition.
Fees/Ameements
25. The developer shall pay all current fees and deposits required.
26. The owner of the subject property shall execute an agreement holding the City h
regarding drainage across the adjacent property.
27. Prior to approval of any grading or building permits for this project, the owner SI
written consent to the annexation of the area shown within the boundaries
subdivision plan into the existing City of Carlsbad Street Lighting and Lancl
District No. 1 on a standard form approved by the City Attorney.
Grading
28. Based upon a review of the proposed grading and the grading quantities shown
tentative map, a grading permit for this project is required. The developer must
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and receive approval for grading plans in accordance with City codes and stand2
to issuance of a building permit for the project.
29. Prior to the issuance of a grading permit or building permit, whichever occurs
developer shall submit proof that a Notice of Intention has been submitted to
Water Resources Control Board.
DedicationdImwovements
30. Prior to issuance of building permits, the developer shall underground all
overhead utilities along the subdivision boundary.
3 1. The developer shall comply with the City's requirements of the National
Discharge Elimination System (NPDES) permit. The developer shall pro\
management practices as referenced in the "California Storm Water Best Man
Practices Handbook" to reduce surface pollutants to an acceptable level prior to d
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:
A. All owners and tenants shall coordinate efforts to establish or wc
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 st01
or storm water conveyance systems. Use and disposal of pesticides, fur
herbicides, insecticides, fertilizers and other such chemical treatments sh
Federal, State, County and City requirements as prescribed in their re
containers.
C. Best Management Practices shall be used to eliminate or reduce surface p'
when planning any changes to the landscaping and surface improvements.
32. Plans, specifications, and supporting documents for all public improvements I
prepared to the satisfaction of the City Engineer. In accordance with City Stand2
developer shall install, or agree to install and secure with appropriate security as 1:
by law, improvements shown on the tentative map and the following improvemen.
A. An alley-type apron at the project entrance and sidewalk along the
frontage on La Costa Avenue.
A list of the above improvements shall be placed on an additional map sheet on t
map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improl
listed above shall be constructed within 18 months of approval of the
improvement agreement or such other time as provided in said agreement.
33. The design of all private streets and drainage systems shall be approved by t
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Engineer. The structural section of all private streets shall conform to City of
Standards based on R-value tests. All private streets and drainage systems
inspected by the City. The standard improvement plan check and inspection fee:
paid prior to approval of the final map for ths project.
4 Water:
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6 Planning Department for processing and approval by the District.
34. Prepare and submit a colored recycled water use area map and submit this m:
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35. Water and Irrigation laterals shall be located in accordance with City and
Standards to the satisfaction of the Deputy City Engineer - Utilities.
36. Laterals for Fire Detector Check Valve Assemblies shall be located within ease
accordance with all City and District Standards to the satisfaction of the Dep
Engineer - Utilities. The locations to be approved may require additional c
dedication to the District.
37. All water improvements shall be designed and constructed substantially as shou
Tentative Map/PUD Site Plan in accordance with all City and District Standarc
satisfaction of the Deputy City Engineer - Utilities. Water improvements shall be
within an easement dedicated to the Carlsbad Municipal Water District by
document. The limits of such easement shall follow the boundary of the private
shown on the Tentative MapPUD Site Plan (approximately 30 feet wide:
satisfaction of the Deputy City Engineer- Utilities.
STANDARD CODE REMINDERS
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The project is subject to all applicable provisions of local ordinances, including but not li
the following code requirements:
19 1) Fees
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38. The Developer shall pay park-in-lieu fees to the City, prior to the approval of 1
map as required by Chapter 20.44 of the Carlsbad Municipal Code.
39. Developer shall pay the License Tax on new construction imposed by Carlsbad M
Code Section 5.09.030, and CFD #1 special tax (if applicable), and the Citywid1
Facilities Fee imposed by City Council Policy #17, subject to any credits autho
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any aF
Local Facilities Management Plan fee for Zone 6, pursuant to Chapter 21.90. 1
taxedfees shall be paid at issuance of building permit. If the taxedfees and not p
approval will not be consistent with the General Plan and shall become void.
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40. The Developer shall pay a landscape plan check and inspection fee as required by
41. The Developer shall be responsible for all fees, deposits and charges which 28
collected before and/or at the time of issuance of the building permit. The Sa
20.08.050 of the Carlsbad Municipal Code.
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County Water Authority capacity charge will be collected at issuance of applic
any meter installation.
General
42. This approval shall become null and void if building permits are not issued
project within 18 months from the date of project approval.
43. 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.
44. The project shall comply with the latest non-residential disabled access requ
pursuant to Title 24 of the State Building Code.
45. All roof appurtenances, including air conditioners, shall be architecturally integr
concealed from view and the sound buffered from adjacent properties and st
substance as provided in Building Department Policy No. 80-6, to the satisfactic
Directors of Community Development and Planning.
46. Prior to occupancy of the first dwelling unit the Developer shall provide all
passive and active recreational areas per the approved plans, including landscal
recreational facilities.
47. Addresses, approved by the Building Official, shall be placed on all new and
buildings so as to be plainly visible fiom the street or access road; color of ident
and/or addresses shall contrast to their background color, as required by (
Municipal Code Section 18.04.320.
48. Any signs proposed for this development shall at a minimum be designed in confi
with the City’s Sign Ordinance and shall require review and approval of the I
Director prior to installation of such signs.
50. The developer shall exercise special care during the construction phase of this PI
prevent offsite siltation. Planting and erosion control shall be provided in acc
with the Carlsbad Municipal Code and the City Engineer.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedi
reservations, or other exactions hereafter collectively referred to for convenif
“fees/exactions.”
You have 90 days fiom final date of approval to protest imposition of these feedexacti
you protest them, you must follow the protest procedure set forth in Government Code
66020(a), and file the protest and any other required information with the City Man:
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure tc
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follow that procedure will bar any subsequent legal action to attack, review, set aside
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor ,
zoning, grading or other similar application processing or service fees in connection
project; NOR DOES IT APPLY to any fees/exactions of which you have previously bt
a NOTICE similar to this, or as to which the statute of limitations has previously (
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 17th day of November,
the following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heurel
Nielsen, Segall, Trigas, and Welshons
NOES:
ABSENT:
ABSTAIN:
/ - COURTNEY EYHEINEMAN, Chairperson
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CARLSBAD PLANNING COMMISSION
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