HomeMy WebLinkAbout2001-01-17; Planning Commission; Resolution 49001
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PLANNING COMMISSION RESOLUTION NO. 4900
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF CARLSBAD TRACT NUMBER CT 00-13 TO
GRADE AND SUBDIVIDE 5.0 ACRES INTO 16 LOTS ON
PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF
BLACK RAIL ROAD, SOUTH OF POINSETTIA LANE AND
NORTH OF AVIARA PARKWAY IN LOCAL FACILITIES
MANAGEMENT ZONE 20.
CASE NAME: TABATA
CASE NO.: CT 00-13
WHEREAS, Canterina, LLC, “Developer,” and “Owner,” has tiled a verified
application with the City of Carlsbad regarding property described as
The north half of the northwest quarter of the northwest
quarter of the northeast quarter of Section 27, Township 12
south, Range 4 west, San Bernardino Meridian, in the City of
Carlsbad, County of San Diego, State of California, according
to the official plat thereof
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map as shown on Exhibits “A” - “F” dated January 17, 2001, on tile in the Planning
Department TABATA - CT 00-13, as provided by Title 20 of the Carlsbad Municipal Code;
and
WHEREAS, the Planning Commission did, on the 17th day of January, 2001,
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 testimony
and arguments, if any, of persons desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
4 That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
APPROVES TARATA - CT 00-13, based on the following findings and subject
to the following conditions:
Findings:
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That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements of the General Plan, any
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State
Subdivision Map Act, and will not cause serious public health problems, in that the lots
being created satisfy all minimum requirements of Titles 20 and 21 governing lot
sizes and configuration and have been designed to comply with all other applicable
City regulations.
That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for residential development on the General Plan,
in that surrounding residentially designated properties are designated for and/or
have been approved for development with single-family homes on similar sized lots.
That the site is physically suitable for the type and density of the development since the
site is adequate in size and shape to accommodate residential development at the density
proposed, in that the project complies with all City policies and standards without the
need for a variance from development standards.
That the design of the subdivision or the type of improvements will not conflict with
easements of record or easements established by court judgment, or acquired by the
public at large, for access through or use of property within the proposed subdivision, in
that prior to, or concurrent with, recordation of the final map, the developer will
vacate and adjust any easements that conflict with the proposed development.
That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
That the design of the subdivision provides, to the extent feasible, for future passive or
natural heating or cooling opportunities in the subdivision, in that lots are oriented in an
east-west alignment for southern exposure and to take advantage of prevailing
breezes.
That the Planning Commission has considered, in connection with the housing proposed
by this subdivision, the housing needs of the region, and balanced those housing needs
against the public service needs of the City and available fiscal and environmental
resources.
That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their
habitat, in that the project site has been disturbed and does not contain any
significant habitats.
That the discharge of waste from the subdivision will not result in violation of existing
California Regional Water Quality Control Board requirements, in that the project has
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been designed in accordance with the Best Management practices for water quality
protection in accordance with the City’s sewer and drainage standards and the
project is conditioned to comply with the National Pollution Discharge Elimination
System (NPDES) requirements.
The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City’s General Plan and Specific Plan 203 based
on the facts set forth in the staff report dated January 17,200l including, but not limited
to the following:
A. Land Use - The project is consistent with the City’s General Plan since the
proposed density of 3.2 du/acre is within the density range of O-4 du/acre
specified for the site as indicated on the Land Use Element of the General Plan,
and is at the growth control point of 3.2 du/acre.
B. Circulation - The circulation system is designed to provide adequate access to
the proposed lots and complies with all applicable City design standards.
C. Housing - That the project is consistent with the Housing Element of the
General Plan and the Inclusionary Housing Ordinance as the Developer has
been conditioned to enter into an Affordable Housing Agreement to purchase
three affordable housing credits in Villa Loma.
The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 20 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; tire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
Specifically,
A. The project has been conditioned to provide proof from the Carlsbad 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, and
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 will be
collected prior to the issuance of building permit.
That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
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Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map.
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If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Tentative Tract Map.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Tentative Tract Map 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
different from this approval, shall require an amendment to this approval.
The Developer shall comply with all applicable provisions of federal, state, and local
laws and regulations in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
are challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
The Developer/Operator shall and does hereby agree to indemnify, protect, defend and
hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Tentative Tract Map, (b)
City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator’s installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions.
The Developer shall submit to the Planning Department a reproducible 24” x 36”,
mylar copy of the Tentative Map reflecting the conditions approved by the final decision
making body.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
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This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program, LCPA 00-04, ZC 00-04, and
CDP 00-36 and is subject to all conditions contained in Planning Commission
Resolutions No. 4897,4898,4899, and 4901 for those other approvals.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy. A note to this effect
shall be placed on the Final Map.
If a grading permit is required, all grading activities shall be planned in units that can be
completed by October 1st. Grading activities shall be limited to the “dry season”, April
1st to October 1st of each year. Grading activities may be extended to November 15th
upon written approval of the City Engineer and only if all erosion control measures are in
place by October 1st.
Prior to the approval of the final map for any phase of this project, or where a map is not
being processed, prior to the issuance of building permits for any lots or units, the
Developer shall enter into an Affordable Housing Agreement with the City to purchase
three affordable housing credits in the Villa Loma housing project in accordance
with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal
Code. The draft Affordable Housing Agreement shall be submitted to the Planning
Director no later than 90 days after the California Coastal Commission action on the
project. The recorded Affordable Housing Agreement shall be binding on all future
owners and successors in interest.
The Developer shall submit and obtain Planning Director approval of a Final Landscape
and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan
and the City’s Landscape Manual. The Developer shall construct and install all
landscaping as shown on the approved Final Plans, and maintain all landscaping in a
healthy and thriving condition, free from weeds, trash, and debris.
The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on file in the Planning Department and accompanied by the
project’s building, improvement, and grading plans.
This approval shall be null and void if the project site subject to this approval is not
annexed to City of Carlsbad CFD No. 1 within 60 days of the approval. The City shall
not issue any grading, building, or other permit, until the annexation is completed. The
City Manager is authorized to extend the 60 days, for a period not to exceed an
additional 180 days for a total of 240 days from the date of City Council approval,
upon a showing of good cause.
Prior to the issuance of the building permit, Developer shall submit to the City a Notice
of Restriction to be tiled in the office of the County Recorder, subject to the satisfaction
of the Planning Director, notifying all interested parties and successors in interest that the
City of Carlsbad has issued a Tentative Tract Map and Coastal Development Permit
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by Resolutions No. 4900 and 4901 on the real property owned by the Developer. Said
Notice of Restriction shall note the property description, location of the tile containing
complete project details and all conditions of approval as well as any conditions or
restrictions specified for inclusion in the Notice of Restriction. The Planning Director has
the authority to execute and record an amendment to the notice which modifies or
terminates said notice upon a showing of good cause by the Developer or successor in
interest.
If satisfaction of the school facility requirement involves a Mello-Roos Community
Facilities District or other financing mechanism which is inconsistent with City Council
Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers,
then in addition to any other disclosure required by law or Council policy, the Developer
shall disclose to future owners in the project, to the maximum extent possible, the
existence of the tax or fee, and that the school district is the taxing agency responsible for
the financing mechanism. The form of notice is subject to the approval of the Planning
Director and shall at least include a handout and a sign inside the sales facility stating the
fact of a potential pass-through of fees or taxes exists and where complete information
regarding those fees or taxes can be obtained.
The Developer shall display a current Zoning and Land Use Map, or an alternative,
suitable to the Planning Director, in the sales office at all times. All sales maps that are
distributed or made available to the public shall include but not be limited to trails, future
and existing schools, parks and streets.
The developer shall post a sign in the sales office in a prominent location that discloses
which special districts and school district provide service to the project. Said sign shall
remain posted until ALL of the units are sold.
Prior to the recordation of the first final tract map or the issuance of building permits,
whichever occurs first, the Developer shall prepare and record a Notice that this property
is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar
Airport, in a form meeting the approval of the Planning Director and the City Attorney
(see Noise Form #2 on tile in the Planning Department).
The Developer shall post aircraft noise notification signs in all sales and/or rental offices
associated with the new development. The number and locations of said signs shall be
approved by the Planning Director (see Noise Form #3 on file in the Planning
Department).
The Developer shall provide a minimum of 25 percent of the lots with adequate sideyard
area for Recreational Vehicle storage pursuant to City Standards.
The Developer shall submit a street name list consistent with the City’s street name
policy subject to the Planning Director’s approval prior to final map approval.
The tentative map approval shall expire twenty - four (24) months from the date of the
resolution containing the final decision for tentative map approval.
PC RESO NO. 4900 -6.
Engineering
General
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Prior to issuance of any building permit, the developer shall comply with the
requirements of the City’s anti-graffiti program for wall treatments if and when the City
formerly establishes such a program.
There shall be one final subdivision map recorded for this project.
The developer shall defend, indemnify and hold harmless the City and its agents, officers,
and employees from any claim, action or proceeding against the City or its agents,
officers, or employees to attack, set aside, void or null an approval of the City, the
Planning Commission or City Engineer which has been brought against the City within
the time period provided for by Section 66499.37 of the Subdivision Map Act.
Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, 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 install sight distance corridors at all street intersections in accordance
with Engineering Standards and shall record the following statement on the non -
mapping sheet of the Final Map (and in the CC&Rs if applicable). Lots 1,8,9, & 16 shall
record specific sight distance deed restrictions to maintain and keep clear the sight
distance corridors as shown on the tentative map and also identified on the final map for
this project:
“No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above
the street level may be placed or permitted to encroach within the area identified
as a sight distance corridor in accordance with City Standard Public Street-Design
Criteria, Section 8.B.3. The underlying property owner shall maintain this
condition.”
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.
Fees/Agreements
30.
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The developer shall pay all current fees and deposits required.
Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City’s standard form Drainage Hold Harmless Agreement regarding
drainage across the adjacent property.
32. Prior to approval of any grading or building permits for this project, the owner shall give
written consent to the annexation of the area shown within the boundaries of the
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subdivision plan into the existing City of Carlsbad Street Lighting and Landscaping
District No. 1 on a form provided by the City.
The City of Carlsbad is presently considering action to reform Bridge and Thoroughfare
District No. 2 (B&TD#2) to finance cost increases incurred and/or estimated to complete
the design and construction of Aviara Parkway and Poinsettia Lane within the boundaries
of the district. Prior to approval of a final map or issuance of a building permit on the
project site, whichever occurs first, the property owner shall enter into an agreement with
the City whereby the owner/developer agrees not to oppose the reformation of B&TD#2
and further agrees to pay their project’s fair share contribution for the B&TD#2 facilities
in accordance with the fee schedule as may be adopted by the City Council upon
reformation of B&TD#2. In the event building permits are issued in advance of the
reformation of the district, the owner/developer shall post a cash deposit with the City in
the amount of the proposed fee as estimated in the latest revision to the B&TD#2 Fee
Study Report available at the time of building permit issuance.
This project is within the proposed boundary of the Aviara Parkway - Poinsettia Lane
Bridge and Thoroughfare Fee District. This project is required to pay a fair share
contribution towards the construction of Poinsettia Lane in accordance with the proposed
fee program.
Based upon a review of the proposed grading and the grading quantities shown on the
tentative map, a grading permit for this project is 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 for the project.
Prior to the issuance of grading permit or building permit, whichever occurs first,
the applicant shall submit for City approval a “Storm Water Pollution Prevention
Plan (SWPPP)“. The SWPPP shall be in compliance with current requirements and
provisions established by the San Diego Region of the California Regional Water
Quality Control Board. The SWPPP shall address measures to reduce to the
maximum extent possible storm water pollutant runoff at both construction and
post-construction phases of the project. At a minimum, the Plan shall:
A.
B.
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Identify existing and post-development on-site pollutants.
Recommend source control Best Management Practices (BMPs) to filter said
pollutants.
Establish specific procedures for handling spills and routine clean up.
Special considerations and effort shall be applied to resident education on the
proper procedures for handling clean up and disposal of pollutants.
Ensure long-term maintenance of all post construct BMPs in perpetuity.
Identify how post-development runoff rates and velocities from the site will
not exceed the pre-development runoff rates and velocities. If maintaining
post-development rates at pre-development levels cannot be achieved,
adequate justification subject to the City Engineer’s approval must be
provided.
Prior to the issuance of a grading permit or building permit, whichever occurs first, the
developer shall submit proof that a Notice of Intention has been submitted to the State
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Water Resources Control Board.
38. No grading for private improvements shall occur outside the limits of the subdivision
unless a grading or slope easement or agreement is obtained from the owners of the
affected properties and recorded. If the developer is unable to obtain the grading or slope
easement, or agreement, no grading permit will be issued. In that case the developer must
either amend the tentative map or modify the plans so grading will not occur outside the
project site in a manner, which substantially conforms, to the approved tentative map as
determined by the City Engineer and Planning Director.
Dedications/Improvements
39.
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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. The offer shall be
made by a certificate on the final map for this project. 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 and within the subdivision boundary as shown on the tentative
map.
Direct access rights for all lots abutting Black Rail Road shall be waived on the final
map. Access rights for lots 1,8,9, & 16 shall also waive access to “A” Street.
The developer shall comply with the City’s requirements of the National Pollutant
Discharge Elimination System (NPDES) permit. The developer shall provide best
management practices as referenced in the “California Storm Water Best Management
Practices Handbook” to reduce surface pollutants to an acceptable level prior to discharge
to sensitive areas. Plans for such improvements shall be approved by the City Engineer.
Said plans shall include but not be limited to notifying prospective owners and tenants of
the following:
A. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products,
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
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44.
C. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
Plans, specifications, and supporting documents for all public improvements shall be
prepared to the satisfaction of the City Engineer. In accordance with City Standards, the
developer shall install, or agree to install and secure with appropriate security as provided
by law, improvements shown on the tentative map and the following improvements:
A. Half street improvements of Black Rail Road as a 60’ collector along the
frontage of this subdivision. Off- site transitions are required to provide a
smooth and safe transition to existing improvements.
B. “A” Street from Blackrail Road to Cabela Place dedicated and graded as a
56’ wide street and improved as a % plus 12’ wide street all as shown on the
tentative map.
C. A looped water line off-site to connect with neighborhood water services in
Cabela Place and Docena Road.
A list of the above improvements shall be placed on an additional map sheet on the final
map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements
listed above shall be constructed within 18 months of approval of the secured
improvement agreement or such other time as provided in said agreement.
Final Map Notes
45. Note(s) to the following effect(s) shall be placed on the final map as non-mapping data:
No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above
the street level may be placed or permitted to encroach within the area identified
as a sight distance corridor in accordance with City Standard Public Street-Design
Criteria, Section 8.B.3. The underlying property owner shall maintain this
condition,
46. The Developer shall provide the following note on the final map of the subdivision and
final mylar of this development submitted to the City:
A. “Chapter 21.90 of the Carlsbad Municipal Code established a Growth
Management Control Point for each General Plan land use designation,
Development cannot exceed the Growth Control Point except as provided by
Chapter 21.90. The land use designation for this development is 3.2 dwelling
units per non-constrained acre.
B. Parcels l-16 were used to calculate the intensity of development under the
General Plan and Chapter 2 1.90. Subsequent redevelopment or resubdivision of
any one of these parcels must also include parcels 1-16 under the General Plan
and Chapter 21.90 of the Carlsbad Municipal Code.”
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Code Reminders
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The Developer shall pay park-in-lieu fees to the City, prior to the approval of the final
map as required by Chapter 20.44 of the Carlsbad Municipal Code.
Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #l special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 20, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
The Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
Any signs proposed for this development shall at a minimum be designed in conformance
with the City’s Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
Some improvements shown on the tentative map and/or required by these conditions are
located offsite on property which neither the City nor the owner has sufficient title or
interest to permit the improvements to be made without acquisition of title or interest.
The developer shall conform to Section 20.16.095 of the Carlsbad Municipal Code.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of approval to protest imposition of these fees/exactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and tile the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given
a NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PC RESO NO. 4900 -11.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 17th day of January 2001, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Compas, Heineman,
L’Heureux, and Trigas
NOES:
ABSENT: Commissioner Nielsen
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
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