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HomeMy WebLinkAbout2003-03-05; Planning Commission; Resolution 53001 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. 5300 A RESOLUTION OF THE PLmG COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF SITE DEVELOPMENT PLAN SDP 02-06 FOR A THREE-STORY MULTI-TENTANT OFFICE BUILDING CONTAINING 75,000 SQUARE FEET ON 3.79 ACRES OF PROPERTY GENERALLY LOCATED AT THE NORTHERLY INTERSECTION OF ARMADA DRIVE AND FLEET STREET WITHIN PLANNING AREA 2 OF THE CARLSBAD RANCH SPECIFIC PLAN IN LOCAL FACILITIES MANAGEMENT ZONE 13 CASE NAME: OCEAN RIDGE AT CAFUSBAD RANCH CASE NO.: SDP 02-06 WHEREAS, Lowe Enterprises Commercial Group, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Palomar Cannon Partnership, “Owner”, described as Lot 12 of Carlsbad Ranch 94-09, Carlsbad Ranch Units 2 and 3, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13408 filed in the Office of the County Recorder of San Diego County, April 1, 1997 (“the Property”); and WHEREAS, said verified application constitutes a request for a Site Development Plan as shown on Exhibit(s) “A” - “L” dated March 5, 2003, on file in the Planning Department, OCEAN RIDGE AT CARLSBAD RANCH - SDP 02-06 as provided by SP 207(A) and Chapter 21.06 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 6th day of November, 2002, and on the 5th day of March, 2003, 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. 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: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission RECOMMENDS APPROVAL of OCEAN RIDGE AT CARLSBAD RANCH - SDP 02-06 based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. 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 project design complies with the requirements of the Carlsbad Ranch Specific Plan and all other requirements applicable to the site, such as all required building and landscape setbacks, which have been incorporated into the site design. The Carlsbad Ranch Specific Plan was found to be in compliance with the General Plan and contains a detailed description of the plans compliance in Section I. H. That the site for the intended use is adequate in size and shape to accommodate the use, in that all applicable code requirements have been met. Required parking is provided onsite. Building coverage is proposed at 16 percent and the development standards of the Carlsbad Ranch Specific Plan allow for up to 50 percent lot coverage. Approximately 11 percent of the parking area will be landscaped while only 3 percent is required. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted fbture uses in the neighborhood will be provided and maintained, in that berming and landscaping are proposed to screen the parking areas. Adequate vehicular circulation has been provided to accommodate vehicle and truck turning movement on site. Access to the site will be from Fleet Street and from a joint use driveway on Armada Drive. Pedestrian connections to the overall pedestrian circulation system within Carlsbad Ranch have been provided. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the proposed use is consistent with the use analyzed in the circulation analysis prepared for the Program EIR 94-01 for the Carlsbad Ranch Specific Plan. With the required street improvements which are in place, the project-specific impacts have been mitigated to a less than significant level. Overriding considerations were previously adopted for the cumulative impact to 1-5 and SR-78. PC RES0 NO. 5300 -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 5. 6. 7. 8. The project's potential environmental impacts were fully examined, mitigated and evaluated within the scope of the Carlsbad Ranch Specific Plan Amendment Program EIR (94-01) previously certified and approved on January 9, 1996 along with the adopted Mitigation Monitoring and Reporting Program, Findings of Fact and Statement of Overriding Considerations fully satisfying all applicable CEQA requirements for the proposed project. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 13 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 ensure that building permits will not be issued for the project unless the District Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the District Engineer is satisfied that the requirements of the Public Facilities Element of the general plan have been met insofar as they apply to sewer service for this proj ect . b. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. c. All necessary public improvements have been provided or are required as conditions of approval. d. 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. e. The Local Facilities Management fee for Zone 13 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 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 that the property is subject to overflight, sight, and sound of aircraft operating from McClellan-Palomar Airport. 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 the site fall between the 60-65 CNEL noise contours and the proposed land use is compatible with these noise levels. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). PC RES0 NO. 5300 -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 9. 10. 11. The project complies with the development standards and design guidelines of the Carlsbad Ranch Specific Plan (SP 207(A)). The following findings are made to permit the building of the project to exceed a height of 35 feet as provided for in the Carlsbad Ranch Specific Plan: a. The buildings do not contain more than three levels as shown on the project exhibits. b. The required setbacks have been increased at a ratio of one horizontal foot for every one foot of vertical construction beyond thirty-five feet and the additional setback will be maintained as landscape open space. c. The buildings conform to the requirements of Section 18.04.170 of the Carlsbad Municipal Code. d. The allowed height protrusions as described in Section 21.46.020 of the Carlsbad Municipal Code do not exceed forty-five feet, including architectural features, as demonstrated on the project exhibits. 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: General: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit. 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 modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or Mer 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 Development 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. PC RES0 NO. 5300 -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 3. 4. 5. 6. 7. 8. 9. 10. 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 ths 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 indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly, from (a) City’s approval and issuance of this 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 Department 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 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 13 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits, including, but not limited to the following: a. A Growth Management Park Fee of 40 cents per square foot of non- residential development will be collected at the time of building permit issuance. This fee will be used to construct recreational facilities to offset the demand created by employees within Zone 13. This approval is granted subject to the approval of CDP 02-21 and is subject to all conditions contained in Planning Commission Resolution No. 5301, incorporated herein by reference. PC RES0 NO. 5300 -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 11. 12. 13. 14. This approval shall become null and void if building permits are not issued for this project within two (2) years 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. Prior to issuance of a building permit, the Developer shall submit evidence that the construction documents have been approved by the Carlsbad Ranch Design Review Committee (DRC) and that all conditions of approval of the DRC have been met. 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. Landscape 15. 16. 17. 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 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 13, 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. PC RES0 NO. 5300 -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 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 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. 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, notifjrlng all interested parties and successors in interest that the City of Carlsbad has issued a(n) Site Development Permit and Coastal Development Permit by Resolutions No. 5300 and 5301 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. 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 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 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). 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. Compact parking spaces shall be located in large groups, and in locations clearly marked to the satisfaction of the Planning Director. Developer shall submit and obtain Planning Director approval of an exterior lighting plan including parking areas prior to building permit issuance. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. The maximum height of all fixtures shall not exceed 30 feet. Showers and locker rooms shall be provided for employee use as shown on the floor plans Exhibit “C.” 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 PC RES0 NO. 5300 -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 28. 29. 30. 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. Prior to building permit issuance the Developer shall submit a solid waste management plan for review and approval by the Planning Director. The plan shall provide the following: a. The approximate location, type and number of containers to be used to collect refuse and recyclables. b. Refuse and recyclable collection methods to be used. c. A description and site plan for any planned on-site processing facilities or equipment (balers, compactors). d. A description of the types of recycling services to be provided and contractual relationships with vendors to provide these services. e. The estimated quantity of waste generated and estimated quantities of recyclable materials. This plan shall also evaluate the feasibility of the following diversion programs/measures: i. Source separated green waste collection. 11. Cardboard recycling. iii. Programs which provide for the separation of wet (disposable) and .. dry (recoverable) materials. iv. Where feasible, providing compactors for non-recyclables to reduce the number of trips to disposal facilities. Prior to occupancy the developer shall submit a final security plan for review and approval of the Carlsbad Police Department. The plan shall include information about internal security programs, security systems and devices and any other information required by the Police Department. Prior to building permit issuance the developer shall submit evidence that they will implement the following air quality mitigation measures: a. Provide commuter information areas on site for employees. b. Implement flexible or staggered employee shift start and finish times in order to reduce the number of vehicle trips generated by the project during the morning and evening peak hour commute. PC RES0 NO. 5300 -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 c. Develop a trip reduction plan to achieve 1.5 AVR (Average vehicle riders). EngineerinP Conditions General 31. 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. 32. Developer shall install sight distance corridors at all street intersections in accordance with Engineering Standards. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above street level shall be placed or permitted on the subject property along or west of the line designated as the 200’ sight line located at the project entrance on Fleet Street, looking north. The limits of this sight distance corridor shall be reflected on any improvement, grading, or landscape plan prepared in association with this development. FeedAgreements 33. 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 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 34. 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 Intention for the start of work has been submitted to the State Water Resources Control Board. 35. 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. Dedicationsfimprovements 36. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or other appropriate entities for all public streets and other easements shown on the site plan. The offer shall be made by a separate document. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Streets that already public are not required to be rededicated. 37. 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 11 PC RES0 NO. 5300 -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 38. 39. 40. Water - 41. 42. 43. 44. limited to grading, water and fire hydrants, to City Standards to the satisfaction of the City Engineer. Public water main and fire hydrants Improvements listed above shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. Project is a Priority Development Project as defined in Section F.l.b.(2)(a) of California Regional Water Quality Control Board, San Diego Region, Order No. 2001-01. Prior to issuance of a grading permit, Developer shall prepare, and submit for review by the City, a Storm Water Management Plan (SWMP) specifjmg enhanced level Best Management Practices to eliminate or reduce to the maximum extent practicable pollutants in storm water runoff. Prior to grading permit issuance, Developer shall 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 andor 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 issuance of a building permit, Developer shall record a reciprocal access easement with Lot 8 of CT 94-09 over the shared driveway. Prior to Final Map approval or issuance of building permits, whichever is first, the entire potable water, recycled water, and sewer system shall be evaluated in detail to ensure that adequate capacity, pressure, and flow demands can be met to the satisfaction of the District Engineer. Prior to approval of improvement plans, Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. Prior to issuance of building permits, Developer shall be pay all fees, deposits, and charges for connection to public facilities. Developer shall pay the San Diego County Water Authority capacity charge prior to meter installation. The Developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the Site Plan to the satisfaction of the City Engineer. Provisions for said public facilities shall be reflected on public improvement plans. PC RES0 NO. 5300 -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 45. 46. Fire 47. - 48. 49. The Developer shall design and construct public facilities within the public right-of-way or within minimum 20-feet wide easements granted to the City of Carlsbad. At the discretion of the City Engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. The Developer shall design landscape and irrigation plans utilizing recycled water as a source. Said plans shall be submitted to the satisfaction of the Deputy City Engineer - Design. The Underground parking area shall be protected by an approved Automatic Fire Sprinkler System with Standpipe Connections designed in accordance with NFPA Standards 13 and 14. The building (Lease space) shall be required to be protected throughout with an approved Automatic Fire Sprinkler System at a minimum. At time of formal submittal, CFD shall indicate those areas to be marked as Fire Lanes and the proper signage for same. Fire Hydrant placement as indicated on sheet 1 (Lang Eng.) are adequate. Code Reminders 50. 51. 52. 53. 54. 55. 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. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the site plan are for planning purposes only. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. 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. PC RES0 NO. 5300 -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 56. Any signs proposed for this development shall at a minimum be designed in conformance with the City’s Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. 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 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 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 RES0 NO. 5300 -12- 1 * 1 - 4 5 0 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 5th day of March, 2003, by the following vote, to wit: AYES: Chairperson Baker, Commissioners Heineman, Segall, Montgomery, White, and Whitton NOES: None ABSENT: Commissioner Dominguez ABSTAIN: None CA!Q3JhD PLANNING COMMISSION ATTEST: MICHAEL J.%dLZAddI,ER Planning Director PC RES0 NO. 5300 -13-