HomeMy WebLinkAbout2003-03-05; Planning Commission; Resolution 53001
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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.
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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:
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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.
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5.
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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).
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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.
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3.
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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.
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11.
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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.
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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.
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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
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28.
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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.
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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
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Water -
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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.
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Fire
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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
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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.
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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.
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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 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-