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HomeMy WebLinkAbout2002-05-15; Planning Commission; Resolution 51931 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 PLANNING COMMISSION RESOLUTION NO. 5193 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING ALLOW THE CONSTRUCTION OF A 180 UNIT APARTMENT PROJECT ON PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF ALGA ROAD AND THE FUTURE ESTRELLA DEL MAR ROAD EXTENSION IN LOCAL FACILITIES MANAGEMENT ZONE 10. CASE NAME: LA COSTA GREENS AFFORDABLE SITE CASE NO.: SDP 01-17 WHEREAS, Dove Family Housing, “Developer”, has filed a verified application APPROVAL OF SITE DEVELOPMENT PLAN SDP 01-17 TO with the City of Carlsbad regarding property owned by Real Estate Collateral Management Company, “Owner”, described as Lot 15 of Carlsbad Tentative Tract Map CT 99-03, being more particularly described in Attachment “A” (“the Property”); and WHEREAS, said verified application constitutes a request for a Site Development Plan as shown on Exhibit(s) “A” - “NN” dated May 15, 2002, on file in the Planning Department, LA COSTA GREENS AFFORDABLE SITE - SDP 01-17 as provided by Chapter 21.06/Section 21.53.120 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 15th day of May, 2002, 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 Site Development Plan. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 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 B) That based on the evidence presented at the public hearing, the Planning Commission RECOMMENDS APPROVAL of LA COSTA GREENS AFFORDABLE SITE - SDP 01-17 based on the following findings and subject to the following conditions: Findinps: 1. 2. 3. 4. 5. 6. That the requested use is properly related to the site, surroundings and environmental settings, is consistent with the various elements and objectives of the General Plan, will not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the proposed 180 unit affordable housing project is consistent with the land use designation and density allowed by the Villages of La Costa Master Plan and will help to meet the housing needs of the community. The project is consistent with all City policies and development standards and the requirements of the Villages of La Costa Master Plan. The City Council approved the Master Plan, and in doing so, made the finding that the Master Plan implements the General Plan and is consistent with the goals, policies and objectives of the General Plan. That the site for the intended use is adequate in size and shape to accommodate the use, in that the project complies with all City policies and standards including the RD-M Zone and the standards and design criteria established by the Villages of La Costa Master Plan. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted hture uses in the neighborhood will be provided and maintained, in that the project is consistent with the design criteria of the Villages of La Costa Master Plan in that all setbacks have been provided, a 30’ average landscape buffer is provided along Alga Road, landscaping has been integrated throughout the site, and the required community recreation facilities are integrated into the plan. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the public streets will be improved to full width with curbs, gutters, sidewalks, and that the proposed streets have been demonstrated to be adequate to accommodate the traffic generated by this project through the approval of the Villages of La Costa Master Plan. 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 provide and deed restrict 180 dwelling units as affordable to lower-income households for 55 years. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 10 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 PC RES0 NO. 5193 -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 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. 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. 7. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). 8. 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 issuance of a grading permit or building permit, whichever occurs first. 1. 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 modifl all approvals herein granted; deny or further condition issuance of all fiture 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 Site Development Plan. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Site Plan 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. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. 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. 5. Developer/Operator shall and does hereby agree to indemnifl, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and PC RES0 NO. 5193 -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 6. 7. 8. 9. 10. 11. 12. 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 Site Development Plan, (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. This obligation survives until all legal proceedings have been concluded and continues even if the City’s approval is not validated. 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. Developer shall include, as part of the plans submitted for any permit plan check, a reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing format (including any applicable Coastal Commission approvals). Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the 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 10 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. Prior to issuance of a building permit, the Final Map for the Phase of CT 99-03 that includes Lot 15 shall be approved and recorded. This approval is granted subject to the approval of the Negative Declaration and is subject to all conditions contained in Planning Commission Resolution No. 5192 for that other approval. The Developer shall implement and comply with all applicable mitigation measures required by the Mitigation Monitoring and Reporting Program certified with the Final Program EIR for the Villages of La Costa Master Plan - EIR 98-07, as contained in Planning Commission Resolution No. 5010, including, but not limited to the following: A. Architectural features needed to achieve the interior noise standard of 45 dBA CNEL shall be noted on the building plans. A statement certifying that the required architectural features have been incorporated into the building plans, signed by the acoustical analyst/acoustician shall be located on the building plans. The architect shall also include his registration stamp in addition to the required signature. All noise level reduction architectural components shall be shown on the architectural building plans, and shall be approved. B. Paint types shall be indicated on the building plans and shall be reviewed and approved by the Building Department. When available as a viable PC RES0 NO. 5193 -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 13. 14. 15. option, water based paints shall be utilized rather than conventional solvent based solutions and powder coatings (where applicable) and zero-emission paints shall be used. C. In conjunction with the sale, rental, or lease of a residence or business property, all prospective owners and tenants shall be notified in writing that they shall: 1) Establish or work with established disposal programs for the removal and proper disposal of toxic and hazardous waste products. 2) Not discharge or cause to be discharged any toxic chemicals or hydrocarbon compounds, such as gasoline, motor oil, anti-freeze, solvents, paints, paint thinners, wood preservatives, and other such fluids, into any public or private street or into any storm drain or storm drain conveyance. 3) Use and/or dispose of all pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments in accordance with Federal, State, County and City requirements as prescribed on their respective containers. 4) Employ BMPs to eliminate or reduce surface pollutants when planning any changes to the landscaping and/or surface improvements. D. Subject to the terms and conditions of the governing Water District, the developer shall install dual irrigation systems for reclaimed water. This approval shall become null and void if building permits are not issued for this project within 18 months fiom 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. 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 provide and deed restrict 180 dwelling units as affordable to lower-income households at 70% or lower AMI for fifty-five (55) years, 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 60 days prior to the request to final the map. The recorded Affordable Housing Agreement shall be binding on all fbture owners and successors in interest. PC RES0 NO. 5193 -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 16. 17. 18. 19. 20. 21. 22. 23. 24. Developer shall construct the required inclusionary units concurrent with the project’s market rate units, unless both the final decision making authority of the City and the Developer agree within an Affordable Housing Agreement to an alternate schedule for development. 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. 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 provide bus stops to service this development at locations and with reasonable facilities to the satisfaction of the North County Transit District and the Planning Director. Said facilities, if required, shall be free from advertising and shall include at a minimum include a bench and a pole for the bus stop sign. The facilities shall be designed to enhance or be consistent with basic architectural theme of the project. 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 10, pursuant to Chapter 2 1.90. All such taxedfees shall be paid at issuance of building permit. If the taxedfees 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. Prior to occupancy of the first dwelling unit the Developer shall begin construction of the common recreation areas. The recreation areas, including landscaped play areas and recreation buildings, shall be approved for use prior to the occupancy of 50% of the total units to be constructed in this neighborhood. Developer shall report, in writing, to the Planning Director within 30 days, any address change from that which is shown on the permit application. Prior to the issuance of the building permit, 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, notifjring all interested parties and successors in interest that the City of Carlsbad has issued a Site Development Plan by Resolution No. 5193 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 PC RES0 NO. 5 193 -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 25. 26. 27. 28. 29. 30. 31. 32. 33. 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. Prior to the issuance of building permits, the Developer shall prepare and record a Notice that this property may be subject to noise impacts from the proposed or existing Transportation Corridor, in a form meeting the approval of the Planning Director and City Attorney (see Noise Form #1 on file in the Planning Department). Prior to the issuance of building permits, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating fiom 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). Developer shall post aircraft noise notification signs in all 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). Developer shall construct trash receptacle and recycling areas enclosed by a six-foot high masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the Planning Director. Enclosure shall be of similar colors andor materials to the project to the satisfaction of the Planning Director. 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 submit and obtain Planning Director approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. Developer shall construct, install and stripe not less than 392 parking spaces, as shown on Exhibit “A”. All visitor parking spaces shall be striped a different color than the assigned resident parking spaces and shall be clearly marked in a manner approved by the Planning Director. The management company shall ensure that there is no outdoor storage of household goods, sports equipment, etc. on balconies and/or patios except for barbeques, outdoor tables and chairs, or similar types of furniture commonly found on patios. EnPineerinP: - 34. Prior to issuance of any building permit, The Developer shall comply with the PC RES0 NO. 5 193 -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 requirements of the City's anti-graffiti program for wall treatments if and when the City formally establishes such a program. 35. Developer shall provide to the City Engineer, an acceptable means, for maintaining the private easements within the subdivision and all the private improvements: storm water quality treatment facilities, medians, landscaping, streets, sidewalks, street lights, and storm drain facilities located therein. 36. Prior to hauling dirt or construction materials to or from 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. Prior to any construction activity a construction, access, and staging plan shall be approved by the Public Works inspector. The access and staging plan shall include but not be limited to: Access, parking, equipment delivery and storage, NPDES facilities, and mud and dust control away from public streets and sensitive habitat. 37. The developer shall provide for sight distance corridors at all street intersections in accordance with Engineering Standards. The limits of these sight distance corridors shall be reflected on any improvement, grading, or landscape plan prepared in association with this development. "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. FeeslAareernents 38. 39. 40. 41. The developer shall pay all current fees and deposits required. The developer shall defend, indemnifi 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. Developer shall cause property owner to execute and submit to the City Engineer for recordation, the City's standard form Geologic Failure Hold Harmless Agreement. 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. Grading 42. Based upon a review of the proposed grading and the grading quantities shown on the Site Development Plan, a grading permit for this project is required. (The developer must submit and receive approval for grading plans in accordance with city codes and PC RES0 NO. 5 193 -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 43. 44. standards prior to issuance of a building permit for the project.) Prior to the issuance of a grading permit or building permit, whichever occurs first, Developer shall submit to the City Engineer proof that a Notice of Intent (NOI) for the start of work has been submitted to the State Water Resources Control Board. The offsite storm drain improvements, outlets, and NPDES or desiltation basin shown on the Site Development Plan shall be constructed and maintained until accepted by the appropriate authority. Annual maintenance and reporting will be required and shall be the responsibility of the developer and/or property owner until relieved in writing by the authority or public agency. Dedicationshnurovements 45. 46. 47. 48. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or other appropriate entities for all easements shown on the Site Development Plan. The offer shall be made by a separate recorded document. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Additional drainage easements may be required. Developer shall dedicate and provide or install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit. 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 Site Development Plan, and the following improvements: . Improvement or modification to the drainage outlet and channel along the east side of “B” Street is required to control anticipated pollutants. . Offsite public storm drains shall be constructed to City of Carlsbad standards. . The public water system and fire service shall be constructed onsite to CMWD standards. . Public sewer system shall be constructed onsite to Leucadia County Sewer District standards. The developer shall work with the City and shall provide easements as required. Improvements shall be constructed within 18 months of approval of the secured improvement agreement or such other time as provided in said agreement. Developer shall provide the design of all private streets and drainage systems to the satisfaction of the City Engineer. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the City. Developer shall pay the standard improvement PC RES0 NO. 5 193 -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 49. 50. ... plancheck and inspection fees. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit. Developer shall prepare and submit a Storm Water Pollution Prevention Plan (SWPPP) and 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 notifjring prospective tenants of the following: A. B. C. D. E. F. All tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. 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. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. SWPPP will include calculations of anticipated pollutant loading, and sizing of structural BMPs to remove pollutants prior to storm water entering a storm drain. Required maintenance of the BMPs and the maintenance interval will be specified for each BMP. Each lot in this project will include structural BMPs to remove anticipated pollutants from storm water runoff. Catch basin inserts are not sufficient by themselves to remove all pollutants, but may be included as part of a comprehensive system. The property owner's will be responsible for maintenance of BMPs until such time the City may decide to assume maintenance responsibility. Developer shall incorporate into the grading / improvement plans the design for the project drainage outfall end treatments for any drainage outlets where a direct access road for maintenance purposes is not practical. These end treatments shall be designed so as to prevent vegetation growth from obstructing the pipe outfall. Designs could consist of a modified outlet headwall consisting of an extended concrete spillway section with longitudinal curbing andor radially designed rip-rap, or other means deemed appropriate, to the satisfaction of the City Engineer. PC RES0 NO. 5193 -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Fire: 51. The Fire Department requires separate submittal of proposed hydrants by the Engineer in one Master Site Plan. Approval by mylar can be in sections after approval of Master Plan. 52. Fire Sprinklers shall be provided in the community recreation buildings. Standard Code Reminders 53. 54. 55. 56. 57. 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 City’s Sign Ordinance as well as the Villages of La Costa Master Plan 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. Some improvements shown on the Site Development Plan 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 immediately initiate negotiations to acquire such property. The Developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessfbl, Developer shall demonstrate to the City Engineer its best efforts, and comply with the requirements of the Carlsbad Municipal Code Section 20.16.095 to notify and enable the City to successfully acquire said property by condemnation. 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 PC RES0 NO. 5 193 -1 1- 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 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 feedexactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 15th day of May 2002, by the following vote, to wit: AYES: Chairperson Trigas, Commissioners Baker, Heineman, Segall, and White NOES: None ABSENT: Commissioners Dominguez and Whitton ABSTAIN: None SEENA TRIGAS, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HXZmLER Planning Director PC RES0 NO. 5 193 -12- DESCRIPTION _. -. - A PORTION OF PARCEL 3 OF E'ARCEL MAP NO. 1188, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 20, 1972 AS FILE NO. 340334, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHWEST CORNER OF SAID PARCEL 3; THENCE, ALONG THE WEST LINE OF SAID PARCEL 3, NORTH OO14'16" EAST 33.00 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE NORTH LINE OF ALGA ROAD PER GRANT DEED TO CITY OF CARLSBAD ON DECEMBER 9, 1983 AS FILE NO. 83-449259 OF OFFICIAL RECORDS; THENCE, CONTINUING ALONG SAID WEST LINE, NORTH OO14'16" EAST 992.25 FEET TO BEGINNING OF A NON-TANGENT 170 FOOT RADIUS CURVE CONCAVE TO "HE SOUTHWEST, THE RADIAL TO SAID CURVE BEARS NORTH 0°14'16" EAST; THENCE LEAVING SAID WEST LINE, SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 74O30'44" A DISTANCE OF 221.08 FEET; THENCE SOUTH 15O15'00" EAST 105.82 FEET TO THE BEGINNING OF A TANGENT 250 FOOT RADIUS CURVE CONCAVE TO THE NORTH; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10S057'23" A DISTANCE OF 462.32 FEET; THENCE NORTH 58O47'37" EAST 87.02 FEET TO THE BEGINNING OF A TANGENT 20 FOOT RADIUS CURVE CONCAVE TO THE SOUTH; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'OO" A DISTANCE OF 31.42 FEET; THENCE SOUTH 31012'23Il EAST 112.95 FEET TO THE BEGINNING OF A TANGENT 570 FOOT RADIUS CURVE CONCAVE TO THE WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENT- ANGLE OF 31O54'23" A DISTANCE OF 317.42 FEET; THENCE SOUTH 0°42f0019 WEST 241.00 FEET TO THE BEGINNING OF A TANGENT 25 FOOT RADIUS CURVE CONCAVE TO THE NORTHWEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'O011 A DISTANCE OF 39.27 FEET TO A POINT ON THE NORTH LINE OF SAID ROAD; THENCE, WEST ALONG SAID NORTH LINE TANGENT TO SAID CURVE, NORTH 89018'00" WEST 780.65 FEET TO THE TRUE POINT OF BEGINNING. ATTACHMENT "A"