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HomeMy WebLinkAbout2001-12-19; Planning Commission; Resolution 51011 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5101 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO CONSTRUCT A RESTAURANT ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF PASEO DEL NORTE, NORTH OF PALOMAR AIRPORT ROAD AND SOUTH OF CAR COUNTRY DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 3 CASE NAME: RING’S FISH HOUSE CASE NO.: CUP 01-06 WHEREAS, King’s Seafood Company, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Carpenter’s Pension Trust for Southern California, a California Corporation, “Owner,” described as A portion of Parcel 2 of parcel map no. 11284, in the City of Carlsbad, County of San Diego, State of California, according to map thereof, filed in the Offke of the County Recorder of San Diego County, May 11,198l and a portion of Parcel 4 of Carlsbad Tract No 92-07, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 13078, filed in the Office of the County Recorder of San Diego County, December 28,1993 (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit as shown on Exhibits “A” - “M” dated December 19, 2001, on file in the Carlsbad Planning Department, KING’S FISH HOUSE - CUP 01-06, as provided by Chapter 21.42 and 21.208 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 19th day of December 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 all persons desiring to be heard, said Commission considered all factors relating to the CUP. 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 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 4 B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of KING’S FISH HOUSE - CUP 01-06, based on the following findings and subject to the following conditions: 1. 2. 3. 4. 5. That the requested use is necessary or desirable for the development of the community, is essentially in harmony with the various elements and objectives of the General Plan, and is not detrimental to existing uses specifically permitted in the zone in which the proposed use is located, in that the proposed restaurant is a permitted use in the C-T zone and Commercial Visitor-Serving Overlay and will provide a service for the residential, tourist and business communities; it provides the required on-site parking and has adequate traffic circulation; and project incorporates the required development standards of the Commercial/Visitor Serving Overlay Zone to ensure compatibility of the project with the community. That the site for the intended use is adequate in size and shape to accommodate the use, in that the restaurant can fit within the 2.0 acre and meet the development standards without the need for modifications or variances. That all the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that adequate building and landscape setbacks have been provided. The project incorporates a service yard to enclose the restaurant service area, trash enclosures, and storage. The building design is such that any roof- mounted mechanical is screened from view. Future access points to the adjacent property have been made to facilitate development of that property. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the existing street system is adequate to properly handle the 902 ADT generated by the development proposal. That the proposed project is adequately designed to accommodate the high percentage of visitor, tourist and shuttle bus/alternative transportation users anticipated given the proposed use and site location within the overlay zone in that the on-site circulation system has been adequately designed to accommodate the flow of traffic without creating conflicts between uses. The project provides the required number of parking spaces to accommodate the use. The project will also enter into a private reciprocal access and parking agreement with the adjacent uses to the north and south. A separate pedestrian walk has been provided from the public right-of-way to the restaurant. PC RESO NO. 5 101 -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 6. 7. 8. 9. 10. 11. That the building forms, building colors and building materials combine to provide an architectural style of development that will add to the objective of high quality architecture and building design within the overlay zone in that the building has been designed with an alternative architectural design, which will be compatible with the other surrounding buildings. The building design, materials and colors proposed represent a high quality of architectural design through the use of architectural details and building forms which are complementary to the surrounding buildings in the vicinity. That the project complies with all development and design criteria of the overlay zone in that the project meets or exceeds all of the development and design criteria of the overlay zone including, but not limited to parking, signage, building height, building setbacks, building design, and landscaping. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the McClellan-Palomar Airport, dated April 1994, in that as conditioned the applicant shall record a notice concerning aircraft noise. The project is compatible with the projected noise levels of the CLUP; and, based on the noise/land use compatibility matrix of the CLUP, the proposed land use is compatible with the airport, in that restaurants are compatible uses within the 60 CNEL. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 3 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; fire; 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 Unified 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. Consistent with Section 65402(a) of the California Planning and Zoning Law, the location, purpose and extent of the street vacation of Andersen Way has been submitted to the Planning Commission. The Planning Commission has determined that the entire street vacation of Andersen Way is consistent with the General Plan Circulation Element policies for streets, traffic control, and alternative modes of transportation in that; vacation of the 90&foot long cul-de-sac will not preclude access to any property as only one parcel is currently served by the cul-de-sac; Paseo De1 Norte provides adequate access to the properties fronting Paseo de1 Norte without the cul-de-set; and the cul- PC RESO NO. 5101 -3- 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 de-sac is not needed to provide safe and effkient movement of people, goods, and services within the City. 12. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). 13. 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. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to building 1. 2. 3. 4. 5. permit. 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 Conditional Use Permit. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Conditional Use Permit 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 indemnifjr, 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 Conditional Use Permit, (b) City’s approval or issuance of any permit or action, whether discretionary or non- PC RESO NO. 5101 -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 6. 7. 8. 9. 10. 11. 12. 13. 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. This obligation survives until all legal proceedings have been concluded and continues even if the City’s approval is not validated. The Developer shall submit to the Planning Director a reproducible 24” x 36”, mylar copy of the Site Plan 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. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 3 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. This approval is granted subject to the approval of CDP 01-06 and SDP 80-11(D) and is subject to all conditions contained in Planning Commission Resolutions No. 5102 and 5103 for the Coastal Development Permit and Site Development Plan Amendment. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 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. If, at any time, the City Council, Planning Commission or Planning Director determine that there has been, or may be, a violation of the findings or conditions of this conditional use permit, or of the Municipal Code regulations, a public hearing may be held before the City Council to review this permit. At said hearing, the City Council may add additional conditions, recommend additional enforcement actions, or revoke the permit entirely, as necessary to ensure compliance with the Municipal Code and the intent and purposes of the Commercial/Visitor-Serving Overlay Zone, and to provide for the health, safety and general welfare of the City. This Conditional Use Permit is granted for a period of 10 years. This permit may be revoked at any time after a public hearing, if it is found that the use has a substantial detrimental effect on surrounding land uses and the public’s health and welfare, or the conditions imposed herein have not been met. This permit may be extended for a reasonable period of time not to exceed 5 years upon written application of the permittee made no less than 90 days prior to the expiration date. The City Council may not grant such extension, unless it finds that there are no substantial negative effects on surrounding land uses or the public’s health and welfare. If a substantial negative effect PC RESO NO. 5101 -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 14. 15. 16. 17. 18. 19. on surrounding land uses or the public’s health and welfare is found, the extension shall be denied or granted with conditions which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the City Council may grant. The Developer is aware that the City is preparing a non-residential housing impact fee (linkage fee) consistent with Program 4.1 of the Housing Element. The applicant is further aware that the City may determine that certain non-residential projects may have to pay a linkage fee, in order to be found consistent with the Housing Element of the General Plan. If a linkage fee is established by City Council ordinance and/or resolution and this project becomes subject to a linkage fee pursuant to said ordinance and/or resolution, then the Developer, or his/her/their successor(s) in interest shall pay the linkage fee. The linkage fee shall be paid at the time of issuance of building permits, except for projects involving a request for a non-residential planned development for an existing development, in which case, the fee shall be paid on approval of the final map, parcel map or certificate of compliance, required to process the non-residential PUD, whichever pertains. If linkage fees are required for this project, and they are not paid, this project will not be consistent with the General Plan and approval for this project will become null and void. 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. 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 #1 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 3, 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. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. The Developer shall submit to the City a Notice of Restriction to be filed 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 Conditional Use Permit and Coastal Development Permit by Resolutions No. 5101 and 5102 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. PC RESO NO. 5101 -6- 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 20. 21. 22. 23. 24. 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. 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 file in the Planning Department). No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and the Planning Director of an Outdoor Storage Plan, and thereafter comply with the approved plan. Developer shall construct, install and stripe not less than the number of required parking spaces, as shown on Exhibit “A.” Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. Prior to issuance of any building permit, Developer shall comply with the requirements of the City’s anti-graffiti program for wall treatments if and when such a program is formally established by the City. 25. 26. 27. Fees/Agreements 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. Developer shall cause property owner to execute, record and submit a recorded copy to the City Engineer, a deed restriction on the property which relates to the proposed cross lot drainage as shown on the site plan. The deed restriction document shall be in a form acceptable to the City Engineer and shall: A. B. Clearly delineate the limits of the drainage course; State that the drainage course is to be maintained in perpetuity by the underlying property owner; and C. State that all future use of the property along the drainage course will not restrict, impede, divert or otherwise alter drainage flows in a manner that will result in damage to the underlying and adjacent properties or the creation of a public nuisance. Prior to approval of any grading or building permits for this project, Developer shall cause Owner to give written consent to the City Engineer to the annexation of the area PC RESO NO. 5101 -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 shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. 1, on a form provided by the City Engineer. Grading 28. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a grading permit for this project is required. Developer shall apply for and obtain a grading permit from the City Engineer prior to issuance of a building permit for the project. Dedications/Imnrovements 29. 30. 31. 32. 33. Developer shall cause Owner to execute a covenant of easement for private drainage purposes as shown on the site plan the obligation to execute and record the covenant of easement shall be shown and recording information called out on the site plan. Developer shall provide City Engineer with proof of recordation prior to issuance of building permit. Prior to issuance of a grading permit or any demolition of public improvements within City right-of-way, Developer shall apply for, process, and receive approval for a street vacation for that portion of Andersen Way as shown on the site plan and preliminary grading plans. Said vacation shall be processed as a General Street Vacation in accordance with the Municipal Code and the California Street and Highway Codes. Prior to issuance of a grading permit or building permit, Developer shall prepare, process and receive approval of a lot line adjustment so the parcels are reconfigured as shown on the site plan and preliminary grading plan. Developer shall provide for or install the necessary drainage infrastructure as shown on the site plan prior to or concurrent with any grading or building permit. Developer shall prepare and record the necessary easements required to encompass these drainage improvements to the satisfaction of the City Engineer. Developer shall execute and record a City standard Development Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on the site plan and the following improvements including, but not limited to paving, base, sidewalks, curbs and gutters, medians, signing and striping, traffic control, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights, retaining walls and reclaimed water, all constructed to City Standards and to the satisfaction of the City Engineer. The Developer shall: A. Abandon the existing 1Zinch ACP waterline traversing the site. The existing line shall be replaced with a new 12-inch PVC waterline installed along the frontage of Paseo De1 Norte. B. Relocate all the necessary fire hydrants and necessary appurtenances. Improvements listed above shall be constructed within 18 months of approval of the development improvement agreement or such other time as provided in said agreement. PC BESO NO. 5101 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 34. 35. 36. 37. Developer shall have the entire drainage system designed, submitted to and approved by the City Engineer, to ensure that runoff resulting from lo-year frequency storms of 6 hours and 24 hours duration under developed conditions, are equal to or less than the runoff from a storm of the same frequency and duration under existing developed conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results. Developer shall perform the necessary maintenance on the detention basin as proposed on the site plan. The basin characteristics shall be maintained so that it’s ability to reduce peak storm run-off is maintained. Developer shall comply with the City’s requirements of the National Pollutant Discharge Elimination System (NPDES) permit, latest version. Developer shall provide improvements constructed pursuant to 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 submitted to and subject to the approval of 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. C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer 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. C. 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 employee and customer PC RESO NO. 5 101 -9- 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 D. E. 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 for a lo-year 6- hour event. Carlsbad Municinal Water District: 38. 39. 40. 41. 42. 43. 44. 45. 46. Prior-to building permit or grading permit issuance, whichever occurs first Developer shall have design, apply for and obtain approval of the City Engineer, for the structural section for the access aisles with a traffic index of 5.0 in accordance with City Standards due to truck access through the parking area and/or aisles with an ADT greater than 500. The structural pavement design of the aisle ways shall be submitted together with required R-value soil test information and approved by the City Engineer as part of the building or grading plan review whichever occurs first. Prior to approval of improvement plans, Developer shall meet with the Fire Marshal to determine if additional fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if required, shall be considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. The Developer shall design and construct public facilities within public right-of-way or within minimum 20-feet wide easements granted to the District or the City of Carlsbad. At the discretion of the District Engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. Developer shall pay the San Dieno Countv Water Authoritv canacitv charge(s) prior to issuance of Building Permits. The Developer shall design landscape and irrigation plans utilizing recycled water as a source. Said plans shall be submitted to the satisfaction of the District Engineer. The Developer shall install potable water and recycled water services and meters at a location approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. The Developer shall install sewer laterals and clean-outs at a location approved by the District Engineer. The locations of sewer laterals shall be reflected on public improvement plans. The Developer shall design and construct public water facilities substantially as shown on the Site Plan to the satisfaction of the District Engineer. Proposed public facilities shall be reflected on public improvement plans. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the District Engineer has PC RESO NO. 5101 -lO- 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 determined that adequate water and sewer facilities are available at the time of occupancy. A note to this effect shall be placed on the Final Map, as non-mapping data. Standard Code Reminders: 47. 48. 49. 50. 51. 52. 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. The project shall comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Building Code. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. Any signs proposed for this development shall at a minimum be designed in conformance with the Carlsbad Municipal Code Section 21.208.100(B) and shall require review and approval of the Planning Director prior to installation of such signs. 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 Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. 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 final 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 file 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. 5101 -ll- 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 19th day of December by the 1 following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Compas, Dominguez, Heineman, Nielsen, and Trigas I NOES: ABSENT: ABSTAIN: ; CARLSti PLANNING COMMISSION ATTEST: Planning Director PC RESO NO. 5101 -12-