HomeMy WebLinkAbout2002-06-05; Planning Commission; Resolution 51811
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PLANNING COMMISSION RESOLUTION NO. 5181
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
ACRES INTO 12 AIR SPACE CONDOMINIUM UNITS ON
ONE LOT ON PROPERTY GENERALLY LOCATED ON THE
NORTH SIDE OF LAGUNA DRIVE AT THE NORTHERN
TERMINUS OF MADISON STREET IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: CASA LAGUNA
CASE NO. : CT 01-16
WHEREAS, Laguna Carlsbad L.L.C., “DeveloperlOwner” has filed a verified
CARLSBAD TRACT NUMBER CT 01-1 6 TO SUBDIVIDE 1.18
application with the City of Carlsbad regarding property described as
Per legal description attached to Planning Commission
Resolution No. 5180
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map as shown on Exhibits “A” - “M” dated June 5, 2002, on file in the Planning Department
CASA LAGUNA - CT 01-16, as provided by Title 20 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 5th day of June 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 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:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES CASA LAGUNA - CT 01-16, based on the following findings and
subject to the following conditions:
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Findinw :
1. 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
project complies with all residential conditions of approval and all corresponding
public improvement requirements will be secured from the project.
2. 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 the proposed project is at a residential scale that is compatible with the
adjacent residential development which includes multi-family structures as well as
single-family homes.
3. 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 all required development standards can be met on-site including the
provision of required parking spaces, setbacks, and private and common
recreational amenities. The recommendation to support a .5 parking space
deviation for the affordable studio unit does not reflect the site's inability to
accommodate the proposed project density; it is an incentive that allows the
provision of affordable units on the site, at a similar sue and scale to the proposed
market rate units.
4. 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 the property has no unusual easements or requirements for public use or
passage through the property. The project is compliant with all requirements
associated with a subdivision of this scale.
5. That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act) and in addition, no agricultural resources
or agriculturally significant soils are present on-site.
6. That the design of the subdivision provides, to the extent feasible, for hture passive or
natural heating or cooling opportunities in the subdivision, in that structures are oriented
in a manner that allows for southern exposure to the sun but also will receive
cooling from the prevalent sea breezes coming off the ocean and Buena Vista
Lagoon located to the northhortheast of the project site. 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.
7. 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 this project is proposed for an infill site that has no native habitats,
sensitive environmental resources, cultural resources, or habitats significant to fish
and other wildlife.
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That the discharge of waste fiom the subdivision will not result in violation of existing
California Regional Water Quality Control Board requirements, in that the project has
been reviewed and conditioned by the Engineering Department to ensure
compliance.
The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City’s General Plan, based on the facts set forth in
the staff report dated June 5,2002 including, but not limited to the following: Land Use
Element: the project proposes a land use that is consistent with the area, the zoning
and the General Plan designation of the site. Housing Element: the project will
provide its share of required affordable housing dwelling units.
The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 1 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.
The project has been conditioned to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of
public facilities and will mitigate any cumulative impacts created by the project.
This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 1.
That all necessary public facilities required by the Growth Management Ordinance will
be constructed or are guaranteed to be constructed concurrently with the need for them
created by this project and in compliance with adopted City standards, in that the project
is conditioned to maintain Growth Management compliance.
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 otherwis
approval.
PlanninP:
;e specifi .ed 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 modifl 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 CT 01-16 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.
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.
Developer/Operator shall and does hereby agree to indernnifl, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, fi-om 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. 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 Planning Director a reproducible 24” x 36”, mylar copy of the
Tentative Map reflecting the conditions approved by the final decision making body.
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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 1 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
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. Note: A Note to this
effect shall be placed on the Final Map.
This approval is granted subject to the approval of the project’s Negative Declaration,
SDP 01-15, CP 02-01, and CDP 01-42 and is subject to all conditions contained in
Planning Commission Resolutions 5180, 5182, 5183 and 5184 for those other
approvals.
Prior to the approval of the final map, prior to the issuance of building permits for any
units, the Developer shall enter into an Affordable Housing Agreement with the City to
provide and deed restrict the required 15 percent of the total dwelling units (including:
Units to be constructed) as affordable to lower-income households for the useful life of
the dwelling units, 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 future owners
and successors in interest.
The 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.
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.
The Developer shall establish a homeowner’s association and corresponding covenants,
conditions and restrictions. Said CC&Rs shall be submitted to and approved by the
Planning Director prior to final map approval. Prior to issuance of a building permit the
Developer shall provide the Planning Department with a recorded copy of the official
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CC&Rs that have been approved by the Department of Real Estate and the Planning
Director. At a minimum, the CC&Rs shall contain the following provisions:
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D.
General Enforcement by the City. The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in
favor of, or in which the City has an interest.
Notice and Amendment. A copy of any proposed amendment shall be provided to
the City in advance. If the proposed amendment affects the City, City shall have
the right to disapprove. A copy of the final approved amendment shall be
transmitted to City within 30 days for the official record.
Failure of Association to Maintain Common Area Lots and Easements. In the
event that the Association fails to maintain the “Common Area Lots and/or the
Association’s Easements” as provided in Article , Section
the City shall have the right, but not the duty, to perform the necessary
maintenance. If the City elects to perform such maintenance, the City shall give
written notice to the Association, with a copy thereof to the Owners in the Project,
setting forth with particularity the maintenance which the City finds to be required
and requesting the same be canied out by the Association within a period of thirty
(30) days from the giving of such notice. In the event that the Association fails to
carry out such maintenance of the Common Area Lots and/or Association’s
Easements within the period specified by the City’s notice, the City shall be
entitled to cause such work to be completed and shall be entitled to
reimbursement with respect thereto from the Owners as provided herein.
SDecial Assessments Levied by the City. In the event the City has performed the
necessary maintenance to either Common Area Lots and/or Association’s
Easements, the City shall submit a written invoice to the Association for all costs
incurred by the City to perform such maintenance of the Common Area Lots and
or Association’s Easements. The City shall provide a copy of such invoice to
each Owner in the Project, together with a statement that if the Association fails to
pay such invoice in full within the time specified, the City will pursue collection
against the Owners in the Project pursuant to the provisions of this Section. Said
invoice shall be due and payable by the Association within twenty (20) days of
receipt by the Association. If the Association shall fail to pay such invoice in full
within the period specified, payment shall be deemed delinquent and shall be
subject to a late charge in an amount equal to six percent (6%) of the amount of
the invoice. Thereafter the City may pursue collection from the Association by
means of any remedies available at law or in equity. Without limiting the
generality of the foregoing, in addition to all other rights and remedies available
to the City, the City may levy a special assessment against the Owners of each Lot
in the Project for an equal prorata share of the invoice, plus the late charge. Such
special assessment shall constitute a charge on the land and shall be a continuing
lien upon each Lot against which the special assessment is levied. Each Owner in
the Project hereby vests the City with the right and power to levy such special
assessment, to impose a lien upon their respective Lot and to bring all legal
actions and/or to pursue lien foreclosure procedures against any Owner and
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his/her respective Lot for purposes of collecting such special assessment in
accordance with the procedures set forth in Article of this Declaration.
E. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit
owner landscape maintenance responsibilities shall be as set forth in the
preliminary Landscape Exhibits, Exhibit “L and My’, dated June 5,2002.
F. Parking; - Restrictions. No parking shall be allowed on private driveways less than
20 feet in length.
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 1, pursuant to Chapter 21.90. 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.
Prior to the issuance of the grading permit or approval of the final map, 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, notifylng all interested
parties and successors in interest that the City of Carlsbad has issued a Tentative Map by
Resolution No. 5181 on the real property owned by the Developer. 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. 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 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, fbture
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.
The tentative map shall expire twenty-four (24) months fiom the date this tentative map
approval becomes final.
EneineerinP Conditions:
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the
approval of this proposed tentative map, must be met prior to approval of a grading permit.
General
21. Prior to hauling dirt or construction materials to or fiom any proposed construction site
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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.
Developer shall submit to the City Engineer, a reproducible 24" x 36", mylar copy of the
tentative map and a digital copy of said map using NAD 83 reflecting the conditions
approved by the final decision making body. The reproducible shall be submitted to the
City engineer, reviewed and, if acceptable, signed by the City's project engineer and
project planner prior to submittal of the building plans, final map, improvement or
grading plans, whichever occurs first. The digital file copy shall be submitted in a
format as approved by the City Engineer.
Developer shall and does hereby agree to indemnify, protect, defend and hold harmless
the City of Carlsbad, its Council members, agents, officers, and representatives, from and
against any and all liabilities, losses, damages, demands, claim 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 parcel map, (b) City's approval or issuance
of any permit or action, whether discretionary or non-discretionary, in connection with
the use contemplated herein, including an action filed within the time period specified in
Government Code Section 66499.37 and (c) Developer's installation and operation of a
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.
Developer shall provide to the City Engineer, an acceptable means, CC&Rs or/and other
recorded document, for maintaining the private easements within the subdivision and all
the private improvements: streets, sidewalks, street lights, and storm drain facilities
located therein and to distribute the costs of such maintenance in an equitable manner
among the owners of the properties within the subdivision.
Prior to occupancy, Developer shall install rain gutters to convey roof drainage to an
approved drainage come or street to the satisfaction of the City Engineer.
There shall be one Final Map recorded for this project.
Developer shall install sight distance corridors at all street intersections in accordance
with Engineering Standards and shall record the following statement on the Final Map
(and in the CC&Rs):
"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 limits of these sight distance corridors shall be reflected on any improvement,
grading, or landscape plan prepared in association with this development.
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FeedAmeements
29. 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.
30. 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.
3 1. Developer shall cause Owner to give written consent to the City Engineer to the
annexation of the area 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
32. Prior to the issuance of a grading permit the Developer shall submit to the City Engineer
proof that a Notice of Intention for the start of work has been submitted to the State
Water Resources Control Board.
33. 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. Developer shall apply for and
obtain a grading permit fkom the City Engineer.
34. All grading activities shall be planned in units that can be completed by October 1st.
Grading activities shall be limited to the 'thy season", April 1st to October 1st of each
year. Grading activities may be extended to November 15th upon written approval of the
City Engineer, obtained in advance, and only if all erosion control measures are in place
by October 1 st.
Dedications/Imr,rovements
35. Developer shall cause Owner to make an irrevocable offer of dedication to the City
and/or other appropriate entities for all public easements shown on the Tentative Map.
The offer shall be made by a certificate on the final map and/or separate document. All
land so offered shall be offered free and clear of all liens and encumbrances and without
cost.
36. 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.
37. 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
plancheck and inspection fees.
38. Developer shall execute and record a City standard Subdivision Improvement Agreement
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39.
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to install and secure with appropriate security as provided by law, public improvements
shown on the Tentative Map including, but not limited to: paving, base, sidewalks, storm
drains, curbs and gutters, undergrounding or relocation of utilities, sewer, water, fire
hydrants, and street lights. To ensure acceptable transitions of pavement slopes and
cross-fall grades, the limits of removal and reconstruction of the existing pavement
on Laguna Drive shall be as directed by the City Engineer. Additional storm drain
inlets and facilities, not shown on the Tentative Map may be required on Laguna
Drive to ensure proper drainage.
A list of the above 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 subdivision improvement
agreement or such other time as provided in said agreement.
Developer shall have the entire drainage system designed, submitted to and approved by
the City Engineer, to ensure that runoff resulting fiom 10-year fiequency storms of 6
hours and 24 hours duration under developed conditions, are equal to or less than the
runoff fiom a storm of the same fiequency 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.
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. Identify existing and post-development on-site pollutants.
B. Recommend source control Best Management Practices (BMPs) to filter said
C. 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.
D. Ensure long-term maintenance of all post construct BMPs in perpetuity.
pollutants.
Final MaD Notes
41. Notes to the following effects shall be placed on the map as non-mapping data
A. All improvements are privately owned and are to be privately maintained with
the exception of the following:
1. Water main and appurtenances
2. Sewer main and appurtenances
B. Building permits will not be issued for development of the subject property unless
the appropriate agency determines that sewer and water facilities are available.
C. Geotechnical Caution: The owner of this property on behalf of itself and all of its
successors in interest has agreed to hold harmless and indemnify the City of
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Carlsbad fiom any action that may arise through any geological failure, ground
water seepage or land subsidence and subsequent damage that may occur on, or
adjacent to, this subdivision due to its construction, operation or maintenance.
D. 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 sight distance corridors.
Code Reminder
42. 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 fiom date of approval to protest imposition of these feedexactions. 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 feedexactions
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.
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PC RES0 NO. 5 18 1 -1 1-
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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 5th day of June 2002, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Heineman, Trigas,
White, and Whitton
NOES: None
ABSENT: Commissioner Dominguez
ABSTAIN: None
SEENA TRIGAS, Chairpdon
CARLSBAD PLANNING COMMISSION
ATTEST: A
PC RES0 NO. 5 18 1 -12-