HomeMy WebLinkAbout2004-04-21; Planning Commission; Resolution 55901
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PLANNING COMMISSION RESOLUTION NO. 5590
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF SITE DEVELOPMENT PLAN AMENDMENT
UNITS, 23 ATTACHED VILLAS, 29 GARDEN VILLAS, A
COMMONS BUILDING AND A RECREATION BUILDING ON
PROPERTY GENERALLY LOCATED NORTH OF LEVANTE
STREET AND WEST OF EL CAMINO REAL IN LOCAL
FACILITIES MANAGEMENT ZONE 23.
SDP 98-01(A) TO CONSTRUCT 311 INDEPENDENT LIVING
CASE NAME:
CASE NO.: SDP 98-01(A)
LA COSTA GLEN - NORTH SITE
WHEREAS, Continuing Life Communities LLC, a California Limited
Liability Company, “Developer/Owner,” has filed a verified application with the City of
Carlsbad regarding property described as
All that portion of Lots 1, 7, 8, and 9 and Levante Street and
Rush Rose Street of City of Carlsbad Tract No. 92-08, Green
Valley, in the City of Carlsbad, County of San Diego, State of
California, according to Map thereof No. 13997, filed in the
Office of the County Recorder of San Diego County, July 10,
2000
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan Amendment as shown on Exhibits “A” - “Z,” “A1” - “A59,” and “L1” - “L11” dated
April 7,2004, on file in the Planning Department, LA COSTA GLEN - NORTH SITE - SDP
98-01(A) - as provided by the conditions of approval of SDP 98-01 and as provided by Chapter
21.06 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 7th day of April 2004 and on
the 21st day of April 2004 hold a duly noticed public hearing as prescribed by law to consider
said request; and
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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 Amendment; and
WHEREAS, on April 6, 1999, the City Council approved, SDP 98-01, as
described and conditioned in Planning Commission Resolution No. 4447.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Cornmission 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 LA COSTA GLEN -
NORTH SITE - SDP 98-01(A) based on the following findings and subject to
the following conditions:
Findings:
1. 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 a continuing care retirement community is considered an
alternative for the long-term residential, social, and health care needs of
California’s elderly residents, and a way to provide a continuum of care, to
minimize transfer trauma, and to allow for the provision of social and health care
services in an appropriately licensed setting. The project is consistent with all the
requirements of the Green Valley Master Plan and Final Program EIR 92-03. The
City Council approved the Master Plan in 1996 and made the finding that the Green
Valley Master Plan implements the General Plan and is consistent with the goals,
objectives, and policies of the General Plan. The first phase of the project, through
implementation of the Master Plan, provided for the following: (1) the provision of
the necessary circulation element roadways and improvements (Levante Street,
Calle Barcelona, and El Camino Real); (2) the protection and enhancement of the
wetland and upland areas within open space lots; (3) the construction of a public
trail; (4) provisions for affordable housing; (5) implementation of the mitigation,
monitoring, and reporting program for Program EIR 92-03; and, (6) compliance
with the Local Facilities Management Plan Zone 23 for public facilities and services.
2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that the project meets or exceeds all City policies and the development standards of
the Green Valley Master Plan, including landscaping, pedestrian access, lot size and
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3.
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coverage, building setbacks, parking, building height, recreational open space, and
recreational vehicle storage.
That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
the requested use to existing or permitted hture uses in the neighborhood will be
provided and maintained, in that the buildings are isolated from surrounding
development and no special adjustments are necessary to make the project
compatible.
That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the proposed onsite private street system has
been designed to meet all of the City private street design standards including back
up distance, corner sight visibility, street widths, intersection spacing, and length of
cul-de-sacs. All off-site public street improvements have been completed by an
earlier phase of this project. No additional off-site public street improvements are
necessary.
The Planning Director has determined that:
a. the project is a subsequent activity of the Green Valley Master Plan for which a
program EIR was prepared, and a notice for the activity has been given, which
includes statements that this activity is within the scope of the program approved
earlier, and that the program EIR adequately describes the activity for the
purposes of CEQA];
b. this project is consistent with the Master Plan cited above;
c. EIR 92-03 was certified in connection with the prior Master Plan;
d. the project has no new significant environmental effect not analyzed as significant
in the prior EIR;
e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR
under CEQA Guidelines Sections 15 162 or 15 163 exist;
f. all feasible mitigation measures or project alternatives identified in the EIR 92-03
which are appropriate to this Subsequent Project have been completed in phase
one, incorporated into this Subsequent Project, or are required as ongoing
conditions of approval for the overall project.
The Planning Commission finds that the project, as conditioned herein, is in conformance
with the Elements of the City’s General Plan and Green Valley Master Plan based on
the facts set forth in the staff report dated March 3,2004 including, but not limited to the
following:
a. Land Use - Residential Medium-High (RMH) is characterized as urban multiple
residential areas with two story condominium or apartment developments.
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7.
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b. Housing - Continuing care developments provide housing and assistance to a
growing segment of the population.
c. Open Space and Conservation - The project is within the scope of the Green
Valley Master Plan that designated significant Open Space for conservation.
d. Recreation - Onsite recreation in the form of swimming pool, walking trail, and
pitch and put golf is provided.
The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 23 and all City public facility policies and
ordinances.. The project has been conditioned to 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. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
will be collected prior to issuance of building permit.
b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
grading permit.
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 hrther 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
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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 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 Director a reproducible 24” x 36” mylar copy of
the Site Plan reflecting the conditions approved by the final decision making body.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Encinitas Union and San Dieguito High School Districts that this
project has satisfied its obligation to provide school facilities.
This project shall comply with all conditions and mitigation measures that are required as
part of the Zone 23 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.
Development of the La Costa Glen -North Site (phase two) is subject to this
Planning Commission Resolution No. 5590 which supercedes Planning Commission
Resolution No. 4447.
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This approval is granted subject to the approval of CUP 98-01(A) and CDP 98-04(A)
and is subject to all conditions contained in Planning Commission Resolutions No. 5591
and 5592 for those other approvals incorporated herein by reference.
This approval shall become null and void if building permits are not issued for this
project within 24 months from the date of final project approval.
Developer shall implement, or cause the implementation of, the Green Valley Master
Plan Mitigation Monitoring and Reporting Program.
All construction activities shall be planned so that grading will occur in units that can be
easily completed within the summer construction season. All grading operations shall be
limited to April 1 to October 1 of each year. All areas disturbed by grading shall be
planted within 60 days of initial disturbance and prior to October 1 with temporary or
permanent (in the case of finished slopes) erosion control methods. The October 1
grading season deadline may be extended with the approval of the City Engineer subject
to implementation by October 1 of erosion control measures designed to prohibit
discharge of sediments offsite during and after the grading operation is completed.
Extensions beyond November 15 may be allowed in areas of very low risk of impact to
sensitive coastal resources and may be approved as part of the original Site Development
Plan.
If grading must be prohibited from March 1st to October 1st for Least Bells Vireo,
grading activities are allowed during a portion of the “rainy season”. All erosion control
and re-vegetation measures must be fully implemented prior to the grading prohibition
period. Any extensions must receive written approval of the City Engineer and the
responsible wildlife agencies (California Department of Fish and Gamemnited States
Fish and Wildlife Service).
The Developer shall purchase 6.36 affordable housing credits consistent with the
executed La Costa Glen Affordable Housing Agreement on file with the Housing
and Redevelopment Department.
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 hisherhheir 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.
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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 thving
condition, free from weeds, trash, and debris.
Developer shall provide bus stops to service this development at locations ahd with
reasonable facilities to the satisfaction of the North County Transit District and the
Planning Director. Said facilities, if required, shall be free from advertising and shall
include at a minimum include a bench and a pole for the bus stop sign. The facilities
shall be designed to enhance or be consistent with basic architectural theme of the project.
Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #I 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 23, 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.
All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Planning.
Prior to occupancy, Developer shall submit to the City a Notice of Restriction to be filed
in the office of the County Recorder, subject to the satisfaction of the Planning Director,
notifying all interested parties and successors in interest that the City of Carlsbad has
issued a Site Development Plan by Resolution No. 5590 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.
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 and/or materials to the project to the
satisfaction of the Planning Director.
No outdoor storage of materials shall occur onsite unless required by the Fire Chief.
When so required, the Developer shall submit and obtain approval of the Fire Chief and
the Planning Director of an Outdoor Storage Plan, and thereafter comply with the
approved plan.
Developer shall submit and obtain Planning Director approval of an exterior lighting plan
including parking areas. All lighting shall be designed to reflect downward and avoid any
impacts on adjacent homes or property.
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26. Developer shall construct, install and stripe not less than 1,002 parking spaces, as shown
on Exhibit D.
En pineering:
General
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Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
Prior to issuance of any building permit, Developer shall comply with the requirements of
the City’s anti-graffiti program for wall treatments if and when such a program is
formally established by the City.
Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or 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.
Developer shall petition the City to vacate the irrevocable offer of dedication on
Levante Street, and provide to the City Engineer an acceptable means, CC&Rs
and/or other recorded document, for maintaining the private street, 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 issuance of a building permit, developer shall submit an application for and
obtain approval for a Lot Line Adjustment to adjust the existing lot line to a
location satisfactory to the City Engineer.
FeedAgreements
32. 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 and/or to the formation or annexation into an
additional Street Lighting and Landscaping District. Said written consent shall be
on a form provided by the City Engineer.
Grading
33. 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.
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Upon completion of grading, Developer shall file an “as-graded” geologic plan with the
City Engineer. The plan shall clearly show all the geology as exposed by the grading
operation, all geologic corrective measures as actually constructed and must be based on a
contour map which represents both the pre and post site grading. The plan shall be signed
by both the soils engineer and the engineering geologist, and shall be submitted on a 24”
x 36” mylar or similar drafting film format suitable for a permanent record.
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.
Dedications/Improvements
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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.
Prior to issuance of a grading permit, developer shall dedicate, by separate
document, a public utility and access easement over all private drives and fire
hydrants.
Developer shall have the entire drainage system designed, submitted to and approved by
the City Engineer, to ensure that runoff resulting from 10-year frequency storms of 6
hours and 24 hours duration under developed conditions, are equal to or less than the
runoff from a storm of the same frequency and duration under existing developed
conditions. Both 6 hour and 24-hour storm durations shall be analyzed to determine the
detention basin capacities necessary to accomplish the desired results.
Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a “Storm Water Pollution Prevention Plan
(SWPPP).” The S WPPP shall be in compliance with current requirements and provisions
established by the San Diego Region of the California Regional Water Quality Control
Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce
to the maximum extent practicable storm water pollutant runoff during construction of
the project. At a minimum, the SWPPP shall:
a.
b.
C.
Include all content as established by the California Regional Water Quality
Control Board requirements;
Include the receipt of “Notice of Intent” issued by the California Regional Water
Quality Control Board;
Recommend source control and treatment control Best Management Practices
(BMPs) that will be implemented with this project to avoid contact or filter said
pollutants from storm water to the maximum extent practicable before discharging
to City right-of-way or natural drainage course; and
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d. Establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to employee education on the proper
procedures for handling clean up and disposal of pollutants.
Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a “Storm Water Management Plan (SWMP).”
The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
Runoff Management Plan (SUSMP), Order 2001-01 issued by the San Diego Region of
the California Regional Water Quality Control Board and City of Carlsbad Municipal
Code. The SWMP shall address measures to avoid contact or filter said pollutants from
storm water, to the maximum extent practicable, for the post-construction stage of the
project. At a minimum, the SWMP shall:
a.
b.
c.
Identify existing and post-development on-site pollutants-of-concern;
Identify the hydrologic unit this project contributes to and impaired water bodies
that could be impacted by this project;
Recommend source controls and treatment controls that will be implemented with
this project to avoid contact or filter said pollutants from storm water to the
maximum extent practicable before discharging to City right-of-way;
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;
Ensure long-term maintenance of all post construct BMPs in perpetuity;
Identify how post-development runoff rates and velocities from the site will not
exceed the pre-development runoff rates and velocities to the maximum extent
practicable; and
Provide calculations to verify numeric sizing criteria.
d.
e.
f.
g.
Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities. Developer shall pay the San Diego County Water
Authoritv capacity charae(s1 prior to issuance of Building Permits.
The Developer shall meet with and obtain approval from the Leucadia Wastewater
District regarding sewer infrastructure available or required to serve this project.
The Developer shall meet with and obtain approval from Olivenhain Municipal Water
District regarding potable water infrastructure available or required to serve this project.
The Developer shall meet with and obtain approval from the Olivenhain Municipal Water
District regarding recycled water infrastructure available or required to serve this project.
Prior to issuance of building permits, Developer shall submit evidence of sewer
connection fee payment to the satisfaction of Leucadia Wastewater District.
Code Reminders:
46.
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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
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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.
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 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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PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 21st day of April 2004, by the
following vote, to wit:
AYES: Chairperson White, Commissioners Baker, Dominguez, Heineman,
Montgomery, Segall, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None
Y MELbSA WHITE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 5590 -12-