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HomeMy WebLinkAbout2005-05-18; Planning Commission; Resolution 59081 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. 5908 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP TO ALLOW DEVELOPMENT OF AN EIGHT (8) UNIT MULTIFAMILY RESIDENTIAL AIR- SPACE CONDOMINIUM PROJECT ON A .425-ACRE SITE ON PROPERTY GENERALLY LOCATED SOUTH OF NAVARRA DRIVE AND WEST OF VIEJO CASTILLA WAY IN LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: MATCHPLAY AT LA COSTA CASE NO.: CT 04-20 WHEREAS, Michael Crews Commercial Development, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Wellington Homes Corporation, “Owner,” described as Lot 41 of La Costa Unit No. 1, in the City of Carlsbad, County of San Diego, state of California, According to Map thereof no. 6117, filed in the office of the County Recorded of San Diego County, June 3,1968 (“the Property”); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown on Exhibits “A” - “J” dated May 18, 2005, on file in the Planning Department MATCHPLAY AT LA COSTA - CT 04-20, as provided by Chapter 20.12 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 18th day of May 2005, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B) That based on the evidence presented at the public hearing, the Commission APPROVES MATCHPLAY AT LA COSTA - CT 04-20, based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. 5. 6. 7. 8. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the airspace condominium units created through the tentative map satisfy all the minimum requirements of Title 20 and have been designed to comply with other applicable regulations including the Planned Development Ordinance, the Residential High Density (RH) General Plan land use designation, and the Residential Density-Multiple (RDM) Zone. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for Residential High Density (RH) development on the General Plan, in that the adjacent uses have either been developed as such or are zoned for such development. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed, in that the project site can accommodate the proposed eight-unit multi- family development while complying with all applicable development standards. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that no existing easements exist on the site and no additional right-of-way is necessary. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that structures are oriented in an east-west alignment for southern exposure to take advantage of prevailing breezes. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the City and available fiscal and environmental resources. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that no such environmental resources or habitat exist on the previously graded in-fill project site. PC RES0 NO. 5908 -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 9. 10. 11. 12. 13. 14. That the discharge of waste fiom the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with the Best Management Practices for water quality protection in accordance with the City’s sewer and drainage standards and the project is conditioned to comply with the National Pollutant Discharge Elimination System (NPDES) requirements. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City’s General Plan based on the facts set forth in the staff report dated May 18, 2005 including, but not limited to the following: The proposed density of 18.8 dwelling units per acre is less than the Growth Management Control Point (GMCP) of 19 dwelling units per acre for the Residential High Density land use designation. At the GMCP, 8 units would be permitted on the .425 acre property. Therefore, the project is in compliance with the Housing Element allowing residential development with a unit capacity adequate to satisfy the City’s share of the regional housing need. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 6 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. b. C. Th The project has been conditioned to provide proof fiom the San Dieguito High School and Encinitas Union School District that the project has satisfied its obligation for school facilities. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permit. 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. project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 6. That the Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the PC RES0 NO. 5908 -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 preparation of environmental documents pursuant to Section 15332 exempting an in-fill development project on less than five acres of land of the state CEQA Guidelines. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 15. 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: 1. 2. 3. 4. 5. Unless otherwise specified herein, all conditions shall be satisfied prior to grading or final map, whichever occurs first. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modifl all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this Tentative Tract Map. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. Developer/Operator shall and does hereby agree to 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 Tentative Tract Map, (b) City’s approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, and (c) PC RES0 NO. 5908 -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 6. 7. 8. 9. 10. 11. 12. 13. 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 Tentative Map 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 San Dieguito Union High and Encinitas Union 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 6 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. This approval is granted subject to the approval of CP 04-10 and is subject to all conditions contained in Planning Commission Resolution No. 5909 for those other approvals incorporated herein by reference. Prior to the approval of the final map for any phase of this project, or where a map is not being processed, prior to the issuance of building permits for any lots or units, the Developer shall enter into an Affordable Housing Agreement with the City to purchase one (1) affordable housing credit in the Villa Loma housing project in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be submitted to the Planning Director no later than 60 days prior to the request to final the map. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest 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. PC RES0 NO. 5908 -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 14. Developer shall establish a homeowner’s association and corresponding covenants, conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. Prior to issuance of a building permit the Developer shall provide the Planning Department with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the Planning Director. At a minimum, the CC&Rs shall contain the following provisions: a. b. C. d. General Enforcement bv the Citv. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. Failure of Association to Maintain Common Area Lots and Easements. In the event that the Association fails to maintain the “Common Area Lots and/or the Association’s Easements” as provided in Article , Section the City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association’s Easements within the period specified by the City’s notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. Special Assessments Levied by the Citv. In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association’s Easements, the City shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and or Association’s Easements. The City shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in hll within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in fill within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment against the Owners of each Lot in the Project for an equal prorata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is PC RES0 NO. 5908 -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 15. 16. 17. 18. 19. levied. Each Owner in the Project hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and hisker respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration. e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit “J” dated May 18,2005. f. Balconies, trellis and decks. The individual lot or unit owner allowances and prohibitions regarding balconies, trellis and decks shall be as set forth in Exhibit “D.” This project is being approved as a condominium permit for residential homeownership purposes. If any of the units in the project are rented, the minimum time increment for such rental shall be not less than 26 days. The CC&Rs for the project shall include this requirement. Prior to issuance of building permits, the Developer shall submit to the Planning Director a recorded copy of the Condominium Plan filed with the Department of Real Estate which is in conformance with the City approved documents and exhibits. Prior to the issuance of the final map, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifjring all interested parties and successors in interest that the City of Carlsbad has issued a Tentative Tract Map and Condominium Permit by Resolutions No. 5908 and 5909 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. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities District or other financing mechanism which is inconsistent with City Council Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any other disclosure required by law or Council policy, the Developer shall disclose to future owners in the project, to the maximum extent possible, the existence of the tax or fee, and that the school district is the taxing agency responsible for the financing mechanism. The form of notice is subject to the approval of the Planning Director and shall at least include a handout and a sign inside the sales facility stating the fact of a potential pass-through of fees or taxes exists and where complete information regarding those fees or taxes can be obtained. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the Planning Director, in the sales office at all times. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks and streets. PC RES0 NO. 5908 -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 20. 21. 22. Developer shall post a sign in the sales office in a prominent location that discloses which special districts and school district provide service to the project. Said sign shall remain posted until ALL of the units are sold. Prior to the recordation of the first final parcel map or the issuance of building permits, whichever occurs first, 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). Prior to the approval of the building permits the applicant shall modify the retaining wall and fence combinations to not exceed six (6) feet in height within the building setbacks. Eneineerinp : 23. 23. 24. 25. 27. 28. 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. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City’s standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. 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. Developer shall provide to the City Engineer, an acceptable means, CC&Rs andor 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. Based upon a review of the proposed grading and the grading quantities shown on the Tentative Map, a grading permit for this project is required. Developer shall submit for and receive approval for a precise grading permit to the satisfaction of the City Engineer. This project shall comply with the City’s Standard Urban Stormwater Management Plan (SUSMP) during all phases of construction. No grading for private improvements shall occur outside the limits of this approval unless Developer obtains, records and submits a recorded copy to the City Engineer a grading or slope easement or agreement from the owners of the affected properties. If Developer is unable to obtain the grading or slope easement, or agreement, no grading permit will be issued. In that case Developer must either apply for and obtain an amendment of this PC RES0 NO. 5908 -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 29. 30. 31. 32. approval or modify the plans so grading will not occur outside the project and apply for and obtain a finding of substantial conformance from both the City Engineer and Planning Director. Developer shall install sight distance corridors (see below for types) at all street intersections in accordance with Engineering Standards and shall record the following statement on the Final Map (and in the CC&Rs). a. TvDeI "No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as a sight distance corridor in accordance with City Standard Public Street-Design Criteria, Section 8.B.3, The underlying property owner shall maintain this condition." The limits of these sight distance corridors shall be reflected on any improvement, grading, or landscape plan prepared in association with this development. Additional drainage easements may be required. Developer shall dedicate and provide or install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit, latest version. Developer shall provide improvements constructed pursuant to best management practices as referenced in the "California Storm Water Best Management Practices Handbook" to ensure pollutant loads are not increased as a result of this development to the maximum extent practicable. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: a. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. c. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 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)." PC RES0 NO. 5908 -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 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 would 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 ensure that numeric sizing criteria is met. d. e. f. g. Final Map Notes 33. Developer shall show on Final Map the gross and net developable acres for the subdivision. 34. Note(s) to the following effect(s) shall be placed on the map as non-mapping data: A. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. Water 35. Prior to approval of improvement plans or final map, 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 shall be considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. 36. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. Developer shall pay the San Dieno count^ Water Authoritv capacitv charae(s1 prior to issuance of Building Permits. 37. The Developer shall install potable water andor recycled water services and meters.at a location approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. PC RES0 NO. 5908 -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 38. The Developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the Tentative Map to the satisfaction of the District Engineer. Proposed public facilities shall be reflected on public improvement plans as required by the respective district. The Developer shall provide separate potable water services and meters for each unit. Meters shall be located clear of driveways. 39. Code Reminders 40. 41. 42. 43. 44. 45. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. 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. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. The tentative map shall expire twenty-four (24) months from the date this tentative map approval becomes final. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of approval to protest imposition of these feedexactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this PC RES0 NO. 5908 -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 2e 27 28 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. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 18th day of May 2005, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez, Heineman, and Montgomery NOES: ABSENT: ABSTAIN: CARLSBAD PLANNING COMMISSION ATTEST: n DON NEU Assistant Planning Director PC RES0 NO. 5908 -12-