HomeMy WebLinkAbout2000-03-15; Planning Commission; Resolution 4726II
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PLANNING COMMISSION RESOLUTION NO. 4726
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW DEVELOPMENT
PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE
OF PALOMAR AIRPORT ROAD BETWEEN YARROW DRIVE
AND EL CAMINO REAL IN LOCAL FACILITIES
MANAGEMENT ZONE 5.
CASE NO.: CUP 99-08
WHEREAS, Carlsbad Self-storage, LLC, “Developer”/”Owner”, has file
OF A COMMERCIAL SELF-STORAGE FACILITY ON
CASE NAME: CARLSBAD SELF-STORAGE
verified application with the City of Carlsbad regarding property described as
Lot 11 of Carlsbad Tract 79-14
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional .
Permit as shown on Exhibits “A” - “M” dated March 15,2000, on file in the Carlsbad Planr
Department, CARLSBAD SELF-STORAGE, CUP 99-08, as provided by Chapter 2 1.42 anc
21 SO of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 15th day of March, 2000,l
a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testim
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 Plam
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
I B) That based on the evidence presented at the public hearing, the Commis;
APPROVES CARLSBAD SELF-STORAGE, CUP 99-08, based on
following findings and subject to the following conditions:
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Findings:
1. The Planning Commission finds that the project, as conditioned herein, is
conformance with the Elements of the City’s General Plan based on the facts set fort1
the staff report dated March 15,2000.
2. The project is consistent with the City-Wide Facilities and Improvements Plan, the LC
Facilities Management Plan for Zone 5 and all City public facility policies
ordinances. The project includes elements or has been conditioned to construct
provide funding to ensure that all facilities and improvements regarding: sewer collecl
and treatment; water; drainage; circulation; fire; schools; parks and other recreatic
facilities; libraries; government administrative facilities; and open space, related to
project will be installed to serve new development prior to or concurrent with need.
A. The project has been conditioned to provide proof from the Carlsbad Unil
School District that the project has satisfied its obligation for school facilities.
B. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44,
will be collected prior to issuance of building permit.
C. The Public Facility fee is required to be paid by Council Policy No. 17 and wil
collected prior to the issuance of building permit.
D. The Local Facilities Management fee for Zone 5 is required by Carls
Municipal Code Section 21.90.050 and will be collected prior to issuancc
building permit.
3. The project is consistent with the Comprehensive Land Use Plan (CLUP) for
McClellan-Palomar Airport, dated April 1994, in that, as conditioned, the applicant s
record a notice concerning aircraft noise. The project is compatible with the projec
noise levels of the CLUP; and, based on the noise/land use compatibility matrix of
CLUP, the proposed land use is compatible with the airport, in that the interior nl
level in the two residences will be mitigated to a maximum of 45 dBA CNEL.
4. That the project is consistent with the City’s Landscape Manual (Carlsbad Munic
Code Section 14.28.020 and Landscape Manual Section I B).
5. That the requested use is necessary or desirable for the development of the communi?
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 a) the proposed self-storage use is desirable for
development of the community in that it will provide desired storage spaces
surrounding industrial and office users as well as residents of the community; b)
proposed use is an allowed conditional use on the subject site due to the Plan
Industrial zoning and General Plan designation; and, c) the proposed use will no
incompatible with the surrounding industrial uses in the area as it is designec
comply with all applicable development standards and incorporates no opera
characteristics which would be incompatible with surrounding uses.
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6. That the site for the intended use is adequate in size and shape to accommodate the use
that the site can accommodate the proposed use while meeting all applica
development standards, including circulation .and parking requirements, and
storage will be contained within the proposed buildings.
7. 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 a) is designed to satisfy all applica
setback (yard) requirements; b) includes an 8’ high wrought iron security fen
provides landscaping in the setbacks; and d) requires no other features to
compatible with the existing or permitted future uses.
8. That the street system serving the proposed use is adequate to properly handle all tra
generated by the proposed use, in that the project will take access off of Palor
Airport Road, which is a prime arterial roadway designed to carry very he,
traffic volumes and can accommodate the 66 average daily trips expected to
generated by the proposed self-storage use.
9. The Planning Commission has reviewed each of the exactions imposed on the Develc
contained in this resolution, and hereby finds, in this case, that the exactions are imp0
to mitigate impacts caused by or reasonably related to the project, and the extent and
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to approva
Building Permit.
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 righ
revoke or modify all approvals herein granted; deny or further condition issuance oj
future building permits; deny, revoke or further condition all certificates of occupa
issued under the authority of approvals herein granted; institute and prosecute litigatio
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 correctj
and modifications to the Conditional Use Permit documents, as necessary to make tl
internally consistent and in conformity with the final action on the project. Developn
shall occur substantially as shown on the approved Exhibits. Any proposed developn
different from this approval, shall require an amendment to this approval.
3. The Developer shall comply with all applicable provisions of federal, state, and 1(
ordinances in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the pap
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Prc 11 PC RES0 NO. 4726 -3-
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are challenged, this approval shall be suspended as provided in Government Code Secl
66020. If any such condition is determined to be invalid this approval shall be inv;
unless the City Council determines that the project without the condition complies P
all requirements of law.
5.
~
The Developer/Operator shall and does hereby agree to indemnify, protect, defend
hold harmless the City of Carlsbad, its Council members, officers, employees, agents,
representatives, from and against any and all liabilities, losses, damages, demands, cla
and costs, including court costs and attorney’s fees incurred by the City arising, dire1
or indirectly, from (a) City’s approval and issuance of this Conditional Use Permit,
City’s approval or issuance of any permit or action, whether discretionary or n
discretionary, in connection with the use contemplated herein, and
Developer/Operator’s installation and operation of the facility permitted her<
including without limitation, any and all liabilities arising from the emission by
facility of electromagnetic fields or other energy waves or emissions.
6. The Developer shall implement, or cause the implementation of, the Carlsbad S
Storage Project Mitigation Monitoring and Reporting Program.
7. The Developer shall submit to the Planning Director a reproducible 24” x 36”, q
copy of the Site Plan reflecting the conditions approved by the final decision mak
body.
8. Developer shall provide proof to the Director from the School District that this pro
has satisfied its obligation to provide school facilities.
9. The Developer shall include, as part of the plans submitted for any permit plan chec
reduced legible version of all approving resolution(s) in a 24” x 36” blueline dravi
format (including any applicable Coastal Commission approvals).
10. This project shall comply with all conditions and mitigation measures which are requ
as part of the Zone 5 Local Facilities Management Plan and any amendments mad1
that Plan prior to the issuance of building permits.
11. This approval is granted subject to the approval of PIP 99-02 and is subject to
conditions contained in the approval letter for that PIP approval.
12. Building permits will not be issued for this project unless the local agency provic
water and sewer services to the project provides written certification to the City
adequate water service and sewer facilities, respectively, are available to the project at
time of the application for the building permit, and that water and sewer capacity
facilities will continue to be available until the time of occupancy.
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13. The Developer is aware that the City is preparing a non-residential housing impact
(linkage fee) consistent with Program 4.1 of the Housing Element. The applicar
further aware that the City may determine that certain non-residential projects may 1
28 to pay a linkage fee, in order to be found consistent with the Housing Element of
General Plan. If a linkage fee is established by City Council ordinance and/or resolu
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and this project becomes subject to a linkage fee pursuant to said ordinance anc
resolution, then the Developer, or his/her/their successor(s) in interest shall pay
linkage fee. The linkage fee shall be paid at the time of issuance of building perm
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 IT
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, ‘
project will not be consistent with the General Plan and approval for this project 7
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 F
and the City’s Landscape Manual. The Developer shall construct and install
landscaping as shown on the approved Final Plans, and maintain all landscaping i
healthy and thriving condition, free from weeds, trash, and debris.
15. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to
landscape plan check process on file in the Planning Department and accompanied by
project’s building, improvement, and grading plans.
16.
A. This Conditional Use Permit shall be reviewed by the Planning Director o
yearly basis to determine if all conditions of this permit have been met and
the use does not have a Substantial negative effect on surrounding propertie!
the public health and welfare. If the Planning Director determines that the use
such Substantial negative effects, the Planning Director shall recommend that
Planning Commission, after providing the permittee the opportunity to be he;
add additional conditions to reduce or eliminate the Substantial negative effects
B. This Conditional Use Permit is granted for a period of ten (10) years. This per
may be revoked at any time after a public hearing, if it is found that the use h
Substantial detrimental effect on surrounding land uses and the public’s health
welfare, or the conditions imposed herein have not been met. This permit mal
extended for a reasonable period of time not to exceed ten (10) years upon wri
application of the permittee made no less than 90 days prior to the expiration d
The Planning Commission may not grant such extension, unless it finds that tl
are no Substantial negative effects on surrounding land uses or the public’s he
and welfare. If a Substantial negative effect on surrounding land uses or
public’s health and welfare is found, the extension shall be denied or granted I
conditions which will eliminate or substantially reduce such effects. There ic
limit to the number of extensions the Planning Commission may grant.
17. The Developer shall report, in writing, to the Planning Director within 30 days,
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 of
County Recorder, subject to the satisfaction of the Planning Director, notifying
interested parties and successors in interest that the City of Carlsbad has issue
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19.
20.
21.
22.
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26.
Conditional Use Permit by Resolution No. 4726 on the real property owned by
Developer. Said Notice of Restriction shall note the property description, location of
file containing complete project details and all conditions of approval as well as I
conditions or restrictions specified for inclusion in the Notice of Restriction. ‘
Planning Director has the authority to execute and record an amendment to the no
which modifies or terminates said notice upon a showing of good cause by the Develc
or successor in interest.
Developer shall prepare and record a Notice that this property may be subject to nc
impacts from the proposed or existing Transportation Corridor, in a form meeting
approval of the Planning Director and City Attorney (see Noise Form #1 on file in
Planning Department).
Developer shall prepare and record a Notice that this property is subject to overfli-
sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meet
the approval of the Planning Director and the City Attorney (see Noise Form #2 on filt
the Planning Department).
The Developer shall post notification signs in the manager’s unit and in
caretaker’s unit disclosing that these residential units are subject to aircraft 2
roadway noise. The number and locations of said signs shall be approved by
Planning Director (see Noise Form #3 on file in the Planning Department).
The two residential units contained within this project are for occupancy by an
site resident manager and an on-site resident caretaker only. These units may
be used for any other residential purpose and cannot be rented or sold as residen
units.
No outdoor storage of materials shall occur onsite unless required by the Fire Ch
When so required, the Developer shall submit and obtain approval of the Fire Chief
the Planning Director of an Outdoor Storage Plan, and thereafter comply with
approved plan.
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 i
avoid any impacts on adjacent homes or property.
Developer shall construct, install and stripe not less than 6 parking spaces, as shown
Exhibit “A”.
The developer shall submit and obtain Planning Director approval of a uniform s
program for this development prior to occupancy of any building. The develope
aware that the City is preparing an amendment to the sign regulations for
Planned Industrial (PM) Zone. In approving this project it is the intent of
Planning Commission that the project’s uniform sign program be consistent Y(
the sign regulations for the P-M Zone once it is amended. To achieve the desi
consistency the sign program shall provide for the following:
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A. Monument Signs - A maximum of one (1) monument sign not to exceed
area of thirty-five (35) square feet in size per face shall be allowed. This s
shall have a maximum height of four (4) feet above grade, and the maxim
height of the letters/logo shall be twelve (12) inches.
B. Wall Signs - The maximum wall signage allowed shall be as follows:
- Buildings less
and less than 20,000 sf in area.
than 20,000 sf than or equal to Buildings greater
45,000 sf in area.
50 sf 100 sf
1 / 18 inches
2 / 18 inches
1 124 inches
I
1 1
50 sf 50 sf
I 24/36 inches 24/36 inches
-
-.
"
-.
-
-
Buildings equal
to or greater
than 45,000 sf in
area.
150 sf
1 /36 inches
2 / 24 inches
3 /18 inches
2
50 sf
36/36 inches
-
-
-
-
Building Area
Maximum Wa
Sign Area Per
Building
Maximum
Number of Wz
Signs Per
Building/
Maximum Let
Height
Maximum
Number of Wz
Signs Per
Building
i Elevation*
Maximum Sigi
Area Per Si n
Maximum Lo$ F Heightmidth
2
of Text Per Si1
Maximum Lin 2 2
*
a. No signage shall be allowed on any architectural projection, parapet,
equipment enclosure, and no signage shall be allowed above '
permitted building height for usable floor area on any building.
b. Building elevations which front along Palomar Airport Road and
Camino Real shall not have more than one (1) wall sign on that elevatia
c. A building elevation must have a minimum of 100 feet of lineal front:
in order to have more than one (1) wall sign along that elevation.
d. The minimum spacing between wall signs along an elevation shall not
less than 50 feet.
e. The cumulative length of all wall sign(s) along any building elevat
shall not exceed 25% of the length of that same elevation.
f. Wall signs shall be designed to be compatible with the build
architecture and other project signage through the use of simi
materials, colors and typestyles.
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C. An amendment to the uniform sign program can be submitted by
property owner/developer and be approved administratively by the Plana
Director provided the proposed amendment causes the uniform z
program to be consistent with the new sign regulations for the P-M Zonc
approved by City Council.
27. Any storage of recreational vehicles, trucks, or automobiles on this project sit
specifically prohibited.
28. Building permits for at least one of the five proposed buildings shown on the
plan must be issued within eighteen (18) months of the date of final approval of
Conditional Use Permit or this approval shall expire. Building permits for
remaining buildings shown on the site plan must be issued within five (5) year
the date of final approval of this Conditional Use Permit or the Conditional
Permit shall expire as it pertains to any buildings not already constructed by 1
time.
EnPineerinP:
Note: Unless specifically stated in the condition, all of the following conditions, upon
approval of this proposed application, must be met prior to approval of a Building or Grac
Permit, whichever comes first.
29. Prior to issuance of any building permit, Developer shall comply with the requirement
the City’s anti-graffiti program for wall treatments if and when such a progran
formally established by the City.
30. Prior to hauling dirt or construction materials to or from any proposed construction
within this project, Developer shall apply for and obtain approval from the City Engir
for the proposed haul route.
3 1. The developer shall pay all current fees and deposits required.
32. The owner/developer shall ensure that the following requirements are complied v
at all times:
A. The owner shall maintain all traffic signs, striping, parking stalls, I
notifications to ensure one-way vehicular access around the northerly stor
unit.
B. The owner shall ensure that no truck traffic is permitted within the 12-1
wide drive aisles.
C. The owner shall install “no truck access” signs as depicted on the appro
site plans.
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33. Developer shall cause property owner to execute and submit to the City Engineer
recordation the City's standard form Drainage Hold Harmless Agreement regarc
drainage across the adjacent property.
34. Developer shall cause property owner to execute and submit to the City Engineer
recordation the City's standard form Geologic Failure Hold Harmless Agreement.
35. Based upon a review of the proposed grading and the grading quantities shown on the
plan, a grading permit for this project is required. The developer must submit and reo
approval for grading plans in accordance with City codes and standards prior to issusl
of a building permit for the project.
36. Prior to issuance of a Grading Permit, the applicant shall provide evidence to
City Engineer which states that SDG&E allows the proposed grading within
easement.
37. Upon completion of grading, the developer shall ensure that an "as-graded" geologic I
is submitted to the City Engineer. The plan shall clearly show all the geology as expc
by the grading operation, all geologic corrective measures as actually constructed
must be based on a contour map which represents both the pre and post site grading. 'I
plan shall be signed by both the soils engineer and the engineering geologist. The 1
shall be prepared on a 24'' x 36" mylar or similar drafting film and shall becom
permanent record.
38. The developer shall comply with the City's requirements of the National Pollul
Discharge Elimination System (NPDES) permit. The developer shall provide 1
management practices as referenced in the "California Storm Water Best Managem
Practices Handbook" to reduce surface pollutants to an acceptable level prior to discha
to sensitive areas. Plans for such improvements shall be approved by the City Enginc
Said plans shall include but not be limited to notifying prospective owners and tenant!
the following:
A. All owners and tenants shall coordinate efforts to establish or work v
established disposal programs to remove and properly dispose of toxic
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor
antifreeze, solvents, paints, paint thinners, wood preservatives, and other st
fluids shall not be discharged into any street, public or private, or into storm dr
or storm water conveyance systems. Use and disposal of pesticides, fimgicic
herbicides, insecticides, fertilizers and other such chemical treatments shall m
Federal, State, County and City requirements as prescribed in their respect
containers.
C. Best Management Practices shall be used to eliminate or reduce surface polluta
when planning any changes to the landscaping and surface improvements.
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39. The structural section for the access aisles must be designed with a traffic index of 5.(
accordance with City Standards due to truck access through the parking area and/or ai;
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 (
as part of the building site plan review.
40. Prior to issuance of building permits, the applicant shall reimburse the c
$5,700.00 for the cost of installing frontage improvements, which include half-wi
median improvements to Palomar Airport Road. The requirement for payment
these improvements is specified in Planning Commission Resolution No. 1556 i
City Council Resolution No. 6009 regarding original Carlsbad Tract No. 79-14.
Fire:
41. All leasehental agreements shall clearly prohibit storage of hazardous solids, liquids
gases in any rental space.
42. All building addresses shall be clearly discernable from all sides.
43. The security gates shall be equipped with a Knox access system approved by
Fire Department.
Water:
44. All potable water and recycled water services and meters shall be placed at a local
approved by the Deputy City Engineer-Utilities and shown on public improvement pla
$
45. Sewer laterals and clean-outs shall be placed at a location approved by the Deputy (
Engineer-utilities and shown on public improvement plans.
46. All public water improvements shall be designed and constructed substantially as shc
on the Preliminary Grading Plans to the satisfaction of the Deputy City Enginl
utilities and shown on public improvement plans.
47. All public sewer improvements shall be designed and constructed substantially as shc
on the Preliminary Grading Plans to the satisfaction of the Deputy City Engineer-Utili
and shown on public improvement plans.
48. All public facilities required for this project shall be within public right-of-way or wil
minimum 20’ wide easements granted to the District or the City of Carlsbad. At
discretion of the Deputy City Engineer-Utilities, wider easements may be deer
necessary for adequate maintenance, access, and/or joint utility purposes, as appropriat
49. Landscape and irrigation plans shall be designed for use of recycled water and submi
to the Deputy City Engineer-Utilities for review, comment, and approval.
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1 Code Reminders:
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3 to the following code requirements.
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50. The Developer shall pay park-in-lieu fees to the City, prior to the issuance of the fi
This project is subject to all applicable provisions of local ordinances, including but not limi
building permit as required by Chapter 20.44 of the Carlsbad Municipal Code.
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5 1. The Developer shall pay a landscape plan check and inspection fee as required by Sect:
20.08.050 of the Carlsbad Municipal Code.
52. Approval of this request shall not excuse compliance with all applicable sections of
Zoning Ordinance and all other applicable City ordinances in effect at time of build
permit issuance, except as otherwise specifically provided herein.
53. The project shall comply with the latest non-residential disabled access requireme
pursuant to Title 24 of the State Building Code.
54. All roof appurtenances, including air conditioners, shall be architecturally integrated :
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
Directors of Community Development and Planning.
55. Addresses, approved by the Building Official, shall be placed on all new and exist
buildings so as to be plainly visible from the street or access road; color of identificat
and/or addresses shall contrast to their background color, as required by Carlsl
Municipal Code Section 18.04.320.
56. Any signs proposed for this development shall at a minimum be designed in conforma
with the City’s Sign Ordinance and shall require review and approval of the Plann
Director prior to installation of such signs.
20 57. The developer shall exercise special care during the construction phase of this projec
prevent off-site siltation. Planting and erosion control shall be provided in accorda
21 with the Carlsbad Municipal Code and the City Engineer.
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58. Some improvements shown on the site plan and/or required by these conditions
located off-site on property which neither the City nor the owner has sufficient titlc
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interest to permit the improvements to be made without acquisition of title or inter
59. Storage within two (2) feet of the ceiling is prohibited by the Uniform Fire Code. 25
The developer shall conform to Section 20.16.095 of the Carlsbad Municipal Code.
NOTICE 26
27 11 Please take NOTICE that approval of your project includes the “imposition” of f
28 dedications, reservations, or other exactions hereafter collectively referred to for conveniencl
“fees/exactions.”
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e 0
You have 90 days from date of final approval to protest imposition of these feedexactions.
you protest them, you must follow the protest procedure set forth in Government Code Secti
66020(a), and file the protest and any other required information with the City Manager J
processing in accordance with Carlsbad Municipal Code Section 3.32.030, Failure to timt
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 plannil
zoning, grading or other similar application processing or service fees in connection with tl
project; NOR DOES IT APPLY to any feedexactions of which you have previously been gi%
a NOTICE similar to this, or as to which the statute of limitations has previously othenv
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planni
Commission of the City of Carlsbad, California, held on the 15th day of March, 2000 by 1
following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, L’Heureux,
Nielsen, Segall, Trigas, and Welshons
NOES:
ABSENT:
ABSTAIN:
&!@& &*
WILLIAM COMPAS, Chairpers6n
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
, I 1 PC RES0 NO. 4726 -12-