HomeMy WebLinkAbout1999-11-17; Planning Commission; Resolution 4678L.
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
.-
1
0 d)
PLANNING COMMISSION RESOLUTION NO. 4678
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A CONDITIONAL USE PERMIT TO DEVELOP
A 98 UNIT BUSINESS HOTEL ON PROPERTY GENERALLY
LOCATED AT THE SOUTHEAST CORNER OF CANNON
ROAD AND AVENIDA ENCINAS, WITHIN THE CITY’S
COASTAL ZONE, THE COMMERCIALNISITOR-SERVING
OVERLAY ZONE AND IN LOCAL FACILITIES
MANAGEMENT ZONE 3.
CASE NAME: INNS OF AMERICA
CASE NO.: CUP 99-03
WHEREAS, Herrick Development, Inc., “De~eloper’~, has filed a verif
application with the City of Carlsbad regarding property owned by Ray and Barbara Win1
“Owner”, described as
A portion of Lot H per Map 823, Rancho Agua Hedionda, as
recorded in the Office of the County Recorder, San Diego
County, State of California on May 1,1915. APN: 210-090-52
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional I
Permit as shown on Exhibit(s) “A”-“K” dated November 17, 1999, on file in the Carlsl
Planning Department, INNS OF AMERICA, CUP 99-03, as provided by Chapter 21.42 anc
21.50 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of November, 19
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 testimi
and arguments, if any, of all persons desiring to be heard, said Commission considered all fac
relating to the CUP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planr
Commission of the City of Carlsbad as follows:
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
1
a 0
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commiss
RECOMMENDS APPROVAL of INNS OF AMERICA - CUP 99-03, ba;
on the following findings and subject to the following conditions:
Findinm:
Conditional Use Permit Findings
1. That the requested use is necessary or desirable for the development of the community
essentially in harmony with the various elements and objectives of the General Plan, ;
is not detrimental to existing uses specifically permitted in the zone in which
proposed use is located, in that the proposed business hotel is designed for use
business visitors to the city and the adjacent industrial office zoning districts. 'I
use will not be detrimental to the existing office uses or future permitted uses of
P-M zone in which the proposed use is located because development standards
similar and the site has been designed to adequately handle the operations o
business hotel. The project is consistent with the General Plan, and the underly
P-M zone, by supplying a commercial use within the planned industrial zon
district to serve the needs of the industrial office users and business visitors to
city.
2. That the site for the intended use is adequate in size and shape to accommodate the use
that the site design and other elements of the project have been designed
compliance with all applicable development standards, including required park
setbacks and business hotel amenities.
3. That all the yards, setbacks, walls, fences, landscaping, and other features necessaq
adjust the requested use to existing or permitted future uses in the neighborhood will
provided and maintained, in that the project has been designed, and is conditione(
maintain over time, various features of the project including setbacks, perimt
landscaping, parking lot landscaping and screen walls. These features will help
project maintain compatibility with adjacent sites.
4. That the street system serving the proposed use is adequate to properly handle all tra
generated by the proposed use, in that the proposed trip generation caused by 1
project of approximately 980 average daily trips can be accommodated by
adjacent Cannon Road and Avenida Encinas street systems. The design capaci
for Cannon Road and Avenida Encinas are 20,000-40,000 ADT and 10,000-20,2
ADT, respectively. The most recent traffic counts at the Cannon Road/Aven
Encinas intersection is approximately 11,500 ADT. Which is within the capa
range.
CommercialNisitor-Serving Overlav Zone Findings
5. That the proposed project is adequately designed to accommodate the high percentag
visitor, tourist and shuttle budalternative transportation users anticipated given
proposed use and site location within the overlay zone, in that the proposed busil
PC RES0 NO. 4678 -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 ,
~ ~
~
0 8
hotel will be able to accommodate future overnight visitors to the area. In additil
the project has a shuttle bus circulation path designed into the front entrance wit’
porte cochere; and a shuttle bus service will be available to hotel guests.
6. That the building forms, building colors and building materials combine to provide
architectural style of development that will add to the objective of high qua
architecture and building design within the overlay zone, in that the propos
architectural style is a version of contemporary southwest architecture which i!
supported architectural style within the overlay zone. The clay colored mission st:
barrel roofing, white walls with off-white (“sand pebble”) accent bands complimc
each other in this architectural style. The building features interior hallways so tl
exterior elevations do not contain outdoor hallways leading to individual roo1
The quality of the proposed architecture is further enhanced by the ten fc
architectural projection that peaks at 45 feet in the form of two architectural tow1
with peaked roofs and mission style roofing.
7. That the project complies with all development and design criteria of the overlay zone,
that that the business hotel complies with all standards including the parki
standards which require parking spaces based on the number of rooms, as well
on the size of the business meeting room which is an amenity that assists this projr
in qualifying as a business hotel in the context of the P-M zoning district.
addition, building setbacks off Cannon Road and Avenida Encinas exceed t
setbacks required by the overlay zone because the underlying P-M zoning standar
requires the 50 foot setback off both streets. All other standards and criteria a
either met or exceeded, including signs and landscaping; most notably, the ratios
larger sized landscaping trees exceed minimum requirements of the overlay zone.
8. That the proposed use is commercial in nature and therefore subject to the overlay ZOI
however, the proposed use is consistent with the intent and purpose of the P-M zo
whose primary purpose is not to cater directly to the general public, and allows certa
commercial uses whch cater to, and are ancillary to, the uses allowed in the P-M zone,
that the business hotel has amenities designed into it that specifically cater
business visitors: a 500 square foot meeting room with audio-visual capabilities;
24 hour mail center with overnight mail service; a business center with computers,
printer, work space, a copy machine and a fax machine; an exercise room, and; o
line computer capabilities for business applications in every room. In addition, fo,
rooms will have a conference table inside, all rooms will have businesdde
furniture, and a shuttle bus service will be in place for use by guests. The location
the project site at the northern end of a P-M zoning district will enable the use
serve the adjacent P-M zone as well as other industrial office parks in the vicinity.
9. The Planning Commission has reviewed each of the exactions imposed on the Develop
contained in this resolution, and hereby finds, in this case, that the exactions are impost
to mitigate impacts caused by or reasonably related to the project, and the extent and tl
degree of the exaction is in rough proportionality to the impact caused by the project.
I
PC RES0 NO. 4678 -3 -
1) 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
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to buildi
permit issuance.
1. If any of the following conditions fail to occur; or if they are, by their terms, to
implemented and maintained over time, if any of such conditions fail to be
implemented and maintained according to their terms, the City shall have the right
revoke or modify all approvals herein granted; deny or fbrther condition issuance of
future building permits; deny, revoke or hrther condition all certificates of occupal
issued under the authority of approvals herein granted; institute and prosecute litigatior
compel their compliance with said conditions or seek damages for their violation.
vested rights are gained by Developer or a successor in interest by the City's approva:
this Conditional Use Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all correctic
and modifications to the CUP 99-03 documents, as necessary to make them intema
consistent and in conformity with the final action on the project. Development sh
occur substantially as shown on the approved Exhibits. Any proposed developml
different from this approval, shall require an amendment to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and lo
ordinances in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payml
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Proj
are challenged, this approval shall be suspended as provided in Government Code Sectj
66020. If any such condition is determined to be invalid this approval shall be inva
unless the City Council determines that the project without the condition complies w
all requirements of law.
5. The Developer/Operator shall and does hereby agree to indemnify, protect, defend E
hold harmless the City of Carlsbad, its Council members, officers, employees, agents, 2
representatives, fiom and against any and all liabilities, losses, damages, demands, clail
and costs, including court costs and attorney's fees incurred by the City arising, direc
or indirectly, from (a) City's approval and issuance of this Conditional Use Permit, I
City's approval or issuance of any permit or action, whether discretionary or n(
discretionary, in connection with the use contemplated herein, and
DeveloperDperator's installation and operation of the facility permitted here1
including without limitation, any and all liabilities arising from the emission by 1
facility of electromagnetic fields or other energy waves or emissions.
6. The Developer shall submit to Planning Director a reproducible 24" x 36", mylar cc
of the Site Plan reflecting the conditions approved by the final decision making body.
I
7. Developer shall provide proof to the Director fi-om the affected school district that t
project has satisfied its obligation to provide school facilities.
1) PC RES0 NO. 4678 -4-
..
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
I
0 e
8. This project shall comply with all conditions and mitigation measures which are requi:
as part of the Zone 3 Local Facilities Management Plan and any amendments made
that Plan prior to the issuance of building permits.
9. Building permits will not be issued for this project unless the local agency provid
water and sewer services to the project provides written certification to the City t
adequate water service and sewer facilities, respectively, are available to the project at l
time of the application for the building permit, and that water and sewer capacity a
facilities will continue to be available until the time of occupancy.
A. This Conditional Use Permit shall be reviewed by the Planning Director or
yearly basis to determine if all conditions of this permit have been met and tl
the use does not have a substantial negative effect on surrounding properties
the public health and welfare. If the Planning Director determines that the use 1
such substantial negative effects, the Planning Director shall recommend that 1
Planning Commission, after providing the permittee the opportunity to be hea
add additional conditions to reduce or eliminate the substantial negative effects.
B. This Conditional Use Permit is granted for a period of ten years. This permit m
be revoked at any time after a public hearing, if it is found that the use has
substantial detrimental effect on surrounding land uses and the public’s health a:
welfare, or the conditions imposed herein have not been met. This permit may
extended for a reasonable period of time not to exceed ten years upon writt
application of the permittee made no less than 90 days prior to the expiration da
The Planning Commission may not grant such extension, unless it finds that thc
are no substantial negative effects on surrounding land uses or the public’s heal
and welfare. If a substantial negative effect on surrounding land uses or t
public’s health and welfare is found, the extension shall be denied or granted WI
conditions which will eliminate or substantially reduce such effects. There is :
limit to the number of extensions the Planning Commission may grant.
10.
11. This approval is granted subject to the approval of Coastal Development Permit, CD
99-06, and is subject to all conditions contained in Planning Commission Resolutic
No. 4679 for those other approvals.
12. If a grading permit is required, all grading activities shall be planned in units that can
completed by October 1st. Grading activities shall be limited to the “dry season”, Ap
1st to October 1st of each year. Grading activities may be extended to November 15
upon written approval of the City Engineer and only if all erosion control measures are
place by October 1 st.
13. The Developer is aware that the City is preparing a non-residential housing impact fi
(linkage fee) consistent with Program 4.1 of the Housing Element. The applicant
further aware that the City may determine that certain non-residential projects may haT
to pay a linkage fee, in order to be found consistent with the Housing Element of tl
General Plan. If a linkage fee is established by City Council ordinance and/or resolutic
and this project becomes subject to a linkage fee pursuant to said ordinance and/
resolution, then the Developer, or his/her/their successor(s) in interest shall pay tl
linkage fee. The linkage fee shall be paid at the time of issuance of building permii
PC RES0 NO. 4678 -5-
..
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 a
except for projects involving a request for a non-residential planned development for
existing development, in which case, the fee shall be paid on approval of the final m
parcel map or certificate of compliance, required to process the non-residential PI.
whichever pertains. If linkage fees are required for this project, and they are not paid, t
project will not be consistent with the General Plan and approval for this project F
become null and void.
14. The Developer shall submit and obtain Planning Director approval of a Final Landsc;
and Irrigation Plan showing conformance with the approved Preliminary Landscape P
(Exhibit “J”, dated November 17, 1999) and the City’s Landscape Manual. 1
Developer shall construct and install all landscaping as shown on the approved Fil
Plans, and maintain all landscaping in a healthy and thnving condition, free from wee’
trash, and debris. The precise landscaping and planting around the screen walls a
emergency turn-around area just south of the Cannon Road/Avenida Encin
intersection on the west side of the site, shall be reviewed by the City’s Landsca
Architect, Planning Department staff and the applicant as part of the Fil
Landscape Plan required prior to building permit issuance.
15. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to 1
landscape plan check process on file in the Planning Department and accompanied by 1
project’s building, improvement, and grading plans.
16. The Developer shall provide bus stops to service this development at locations and w
reasonable facilities to the satisfaction of the North County Transit District and t
Planning Director. Said facilities, if required, shall be free from advertising and sh,
include at a minimum include a bench and a pole for the bus stop sign. The faciliti
shall be designed to enhance or be consistent with basic architectural theme of t
project.
17. The Developer shall report, in writing, to the Planning Director within 30 days, a.
address change from that which is shown on the permit application.
18. Developer shall submit to the City a Notice of Restriction to be filed in the office oft
County Recorder, subject to the satisfaction of the Planning Director, notifying
interested parties and successors in interest that the City of Carlsbad has issued
Conditional Use Permit by Resolution No. 4678 on the real property owned by t
Developer. Said Notice of Restriction shall note the property description, location oft
file containing complete project details and all conditions of approval as well as a1
conditions or restrictions specified for inclusion in the Notice of Restriction. TI
Planning Director has the authority to execute and record an amendment to the noti’
which modifies or terminates said notice upon a showing of good cause by the Develop
or successor in interest.
19. The Developer shall construct trash receptacle and recycling areas enclosed by a six-fo
high masonry wall with gates pursuant to City Engineering Standards and Carlsb,
Municipal Code Chapter 2 1.105. Location of said receptacles shall be in substanti
conformance with the project’s Exhibits. Enclosure shall be of similar colors and
materials to the project to the satisfaction of the Planning Director.
1) PC RES0 NO. 4678 -6-
..
1
2
3
4
..
0 0
20. The Developer shall pay its fair share for the “short-term improvements” to the
Camino ReaWalomar Airport Road intersection prior to the issuance of a build
permit. The amount shall be determined by the methodology ultimately selected
Council, including but not limited to, an increase in the city-wide traffic impact fee;
increased or new Zone 3 LFMP fee; the creation of a fee or assessment district;
incorporation into a Mello-Roos taxing district.
5 21. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. If
6 required by the Fire Chief, the Developer shall submit and obtain approval of the F
the approved plan. 7
Chief and the Planning Director of an Outdoor Storage Plan, and thereafter comply w
8
9
10
11
12
13
14
22. The Developer shall submit and obtain Planning Director approval of an exterior light]
plan including parking areas. All lighting shall be designed to reflect downward 2
avoid any impacts on adjacent properties.
23. The swimming pool equipment enclosure area shall be designed to the minim1
height necessary to perform its function, with roofing and appropriate architectu.
treatments, to the satisfaction of the Planning Director.
24. The applicant shall replace or repair the Turfstone feature if damaged or otherw.
unsuitable for the driving of fire trucks, as determined by the Planning Director
Fire Marshal.
15
25. Developer shall comply with the requirements of the City’s anti-graffiti program for w l6
Enyineeriny Conditions
treatments if and when such a program is formerly established by the City. 17
18
19
20
21
22
23
24
26. Prior to hauling dirt or construction materials to or fi-om any proposed construction sj
within this project, Developer shall submit to and receive approval from the Ci
Engineer for the proposed haul route. The developer shall comply with all conditions a
requirements the City Engineer may impose with regards to the hauling operation.
27. Developer shall prepare, obtain City Engineer approval and record onsite a]
offsite reciprocal access easements for access for shared driveway to Avenic
Encinas as shown on the preliminary grading plans involving the adjacent proper
owner.
~
FeedAareements
25
27
29. Prior to approval of any grading or building permits for this project, the owner shall gi. 26
28. The owner shall execute a hold harmless agreement for geologic failure.
written consent to the annexation of the area shown within the boundaries of tl
subdivision plan into the existing City of Carlsbad Street Lighting and Landscapi~
28 District No. 1 on a form provided by the City Engineer and approved by the Ci
Attorney.
PC RES0 NO. 4678 -7-
.*
.. 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
Grading;
30. No grading for private improvements shall occur outside the limits of the project unle:
grading or slope easement or agreement is obtained from the owners of the affec
properties and recorded. If Developer is unable to obtain the grading or slope easemt
or agreement, no grading permit will be issued. In that case Developer must either amc
the site plan or modify the plans so grading will not occur outside the project site il
manner which substantially conforms to the approved site plan, as determined by the C
Engineer and Planning Director.
Dedications/Improvements
3 1. Developer shall cause Owner to waive direct access rights for the project frontage w
Avenida Encinas and Cannon Road by separate deed document recorded prior
building permit issuance. The waiver of access shall not apply to the approved acc
as shown on the approved site plan. Said waiver shall be prepared to 1
satisfaction of the City Engineer.
32. Developer shall comply with the City's requirements of the National Pollutant Dischar
Elimination System (NPDES) permit. The developer shall provide best managemt
practices as referenced in the "California Storm Water Best Management Practic
Handbook" to reduce surface pollutants to an acceptable level prior to discharge
sensitive areas. Plans for such improvements shall be approved by the City Engine
Said plans shall include but not be limited to notifying prospective owners and tenants
the following:
A. All owners and tenants shall coordinate efforts to establish or work w
established disposal programs to remove and properly dispose of toxic a
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor o
antifreeze, solvents, paints, paint thinners, wood preservatives, and other sus
fluids shall not be discharged into any street, public or private, or into storm drr
or storm water conveyance systems. Use and disposal of pesticides, fungicidc
herbicides, insecticides, fertilizers and other such chemical treatments shall mt
Federal, State, County and City requirements as prescribed in their respecti
containers.
C. Best Management Practices shall be used to eliminate or reduce surface pollutar
when planning any changes to the landscaping and surface improvements.
33. Plans, specifications, and supporting documents for all public improvements shall 1
prepared to the satisfaction of the City Engineer. In accordance with City Standards, tl
developer shall install, or agree to install and secure with appropriate security as providl
by law, improvements shown on the site plan and the following improvements:
A. Install full-width median improvements on Avenida Encinas, together with
left-turn pocket to serve the development. The improvements shall inch
signing and striping plans.
PC RES0 NO. 4678 -8-
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
I
@ 0
A list of the above improvements shall be constructed or secured by an improvem
agreement to the satisfaction of the City Engineer prior to issuance of a building permil
34. Prior to occupancy of any buildings, Developer shall install wheelchair ramps at
public street corners abutting the project site in conformance with City of Carlsl
Standards.
35. The structural section for the access aisles must be designed with a traffic index of 5.C
accordance with City Standards due to truck access through the parking area and/or ais
with an ADT greater than 500. The structural pavement design of the aisle ways shall
submitted together with required R-value soil test information and approved by the C
Engineer as part of the building site plan review.
Fire Conditions
36. Developer shall provide a total of two additional on-site fire hydrants, local
generally at the North and South ends of the development. Developer shall cons
with the Fire Department to determine exact locations prior to building perr
issuance.
Water Conditions
37. The following note shall be placed on the cover sheet of project exhibits. “This projecr
approved upon the expressed condition that building permits will not be issued 1
development of the subject property unless the District serving the development 1
adequate water and sewer capacity available at the time development is to occur, and tl
such water and sewer capacity will continue to be available until time of occupancy.”
38. Water, Sewer and Imgation laterals shall be located in accordance with City and Distr
Standards to the satisfaction of the Deputy City Engineer - Utilities.
39. All water and sewer improvements shall be designed and constructed substantially
shown on the Preliminary Grading Plan in accordance with all City and District Standal
to the satisfaction of the Deputy City Engineer - Utilities.
40. All District pipelines and appurtenances required for this project by the District shall
within public right of way or within easements granted to the District or the City
Carlsbad.
41. All potable water and recycled water meters shall be placed within public right of way.
42. Developer shall construct and dedicate to the District a public fire flow system f
~ this development, and it shall be constructed as a looped pipeline system
~ minimum of two connections to existing water mains).
43. The Developer/Owner and Developer/Owner’s Engineer is responsible for meeting WI
the District’s representative and obtaining preliminary “layout” approval on the requir
public pipelines required. This includes the “looped” on-site water pipeline syste!
PC RES0 NO. 4678 -9-
,a
.. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
1s
19
20
21
22
23
24
25
26
27
2s
0 0
sewer lateral(s), water and irrigation meter locations and fire detector check valve/:
department connection location. These water facilities may have significant cost impac
the magnitude of the financial impact is usually best sorted out during the financ
process.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited
the following:
44. The developer shall exercise special care during the construction phase of this project
prevent offsite siltation. Planting and erosion control shall be provided in accordar
with the Carlsbad Municipal Code and the City Engineer.
45. The Developer shall be responsible for all fees, deposits and charges which will
collected before and/or at the time of issuance of the building permit. The San Die
County Water Authority capacity charge will be collected at issuance of application :
any meter installation.
46. Developer shall pay the citywide Public Facilities Fee imposed by City Council Poli
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Secti
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applical
Local Facilities Management Plan fee for Zone 3, pursuant to Chapter 21.90. All SUN
taxedfees shall be paid at issuance of building permit. If the taxedfees and not paid, tl.
approval will not be consistent with the General Plan and shall become void.
47. The Developer shall pay a landscape plan check and inspection fee as required by Sectil
20.08.050 of the Carlsbad Municipal Code.
48. This approval shall become null and void if building permits are not issued for tl
project within 24 months from the date of project approval.
49. Approval of this request shall not excuse compliance with all applicable sections of tl
Zoning Ordinance and all other applicable City ordinances in effect at time of buildi~
permit issuance, except as otherwise specifically provided herein.
50. The project shall comply with the latest non-residential disabled access requiremer
pursuant to Title 24 of the State Building Code.
5 1. All roof appurtenances, including air conditioners, shall be architecturally integrated a1
concealed from view and the sound buffered from adjacent properties and streets,
substance as provided in Building Department Policy No. 80-6, to the satisfaction of tr
Directors of Community Development and Planning.
52. Addresses, approved by the Building Official, shall be placed on all new and existir
buildings so as to be plainly visible from the street or access road; color of identificatir
and/or addresses shall contrast to their background color, as required by Carlsb:
Municipal Code Section 18.04.320.
PC RES0 NO. 4678 -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
0 0
53. Any signs proposed for this development shall at a minimum be designed in conforma
with the City’s Sign Ordinance and this project’s allowed signage as shown on Exhi
“K”, and shall require review and approval of the Planning Director prior to installat
of such signs.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fc
dedications, reservations, or other exactions hereafter collectively referred to for convenience
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions.
you protest them, you must follow the protest procedure set forth in Government Code Sectj
66020(a), and file the protest and any other required information with the City Manager
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to tim
follow that procedure will bar any subsequent legal action to attack, review, set aside, void,
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactic
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planni:
zoning, grading or other similar application processing or service fees in connection with t
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been gil
a NOTICE similar to this, or as to which the statute of limitations has previously othenv:
expired.
...
...
...
...
...
...
...
.. .
...
...
PC RES0 NO. 4678 -1 1-
.I
.i e
1
2
3
4
-1 PASSED, APPROVED AND ADOPTED at a regular meeting of the Plannl
Commission of the City of Carlsbad, California, held on the 17th day of November, 1999,
the following vote, to wit:
5
6
AYES: Chairperson Heineman, Commissioners Compas, L’Heureux,
NOES:
Nielsen, Segall, Trigas, and Welshons
7 11 ABSENT:
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
COURTNEY E.
CARLSBAD PL COMMISSION
1) PC RES0 NO. 4678 -12-