HomeMy WebLinkAbout2006-04-05; Planning Commission; Resolution 60501 PLANNING COMMISSION RESOLUTION NO. 6050
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A MAJOR PLANNED DEVELOPMENT
4 PERMIT AMENDMENT PUD 04-03(A) TO APPROVE
BUILDING FLOOR PLANS, ELEVATIONS AND PLOTTING
5 OF 66 SINGLE-FAMILY DETACHED HOMES ON PROPERTY
GENERALLY LOCATED ALONG THE FUTURE CORINTIA
6 STREET, SOUTH OF ALGA ROAD, WEST OF MELROSE
DRIVE, NORTH OF THE HCP OPEN SPACE IN
7 NEIGHBORHOOD 2.A, AND WITHIN LOCAL FACILITIES
MANAGEMENT ZONE 11.
CASE NAME: VILLAGES OF LA COSTA RIDGE
9 NEIGHBORHOOD 2.5
CASE NO.: PUD 04-03(A)
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WHEREAS, KB Home Coastal, Inc., "Developer," has filed a verified
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application with the City of Carlsbad regarding property owned by Real Estate Collateral
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Management Company, "Owner," described as
La Costa Ridge Neighborhood 2.5
15 Lots 1-66 of the City of Carlsbad Tract CT 04-04, Villages of
La Costa — La Costa Ridge - Neighborhood 2.5 in the City of
16 Carlsbad, County of San Diego, State of California, according
to map no. 15103 filed in the Office of the County Recorder of
San Diego County on September 16, 2005 as file no. 2005-
080253418
19 ("the Property"); and
20 WHEREAS, said verified application constitutes a request for a Major Planned
21 Unit Development Permit Amendment as shown on Exhibits "A" - "HHH" dated April 5,2006,
22 on file in the Planning Department, VILLAGES OF LA COSTA RIDGE NEIGHBORHOOD
23 2.5 - PUD 04-03(A) as provided by Chapter 21.45 of the Carlsbad Municipal Code; and
24 WHEREAS, the Planning Commission did, on the 5th day of April, 2006, hold a
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duly noticed public hearing as prescribed by law to consider said request; and
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1 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 Major Planned Unit Development Permit Amendment.
4 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
8 RECOMMENDS APPROVAL of VILLAGES OF LA COSTA RIDGE
9 NEIGHBORHOOD 2.5, based on the following findings and subject to the
following conditions:
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Findings;
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1. That the proposed project complies with all applicable development standards included
12 within Chapter 21.45 of the Carlsbad Municipal Code, and the Villages of La Costa
Master Plan, in that the project is for the approval of architecture and plotting for
13 66 single-family detached units located on approved lots with a minimum area of
14 6,000 square feet, including a common recreation area. The proposed project is
consistent with Chapter 21.45 of the Carlsbad Municipal Code and all proposed
15 homes and the common recreation area comply with the architecture and site
planning standards of the Villages of La Costa Master Plan.
16 2. That the proposed project's density, site design and architecture are compatible with
17 surrounding development, in that the existing surrounding residential neighborhoods
contain single-family detached homes and the future surrounding neighborhoods in
18 the Villages of La Costa Master Plan will be developed with single-family detached
homes.
3. The Planning Director has determined that:
21 a. the project is a subsequent activity of the Villages of La Costa Master Plan, a
project for which a program EIR was prepared, and a notice for the activity has
22 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
23 activity for the purposes of CEQA); [ 15168(c)(2) and (e)]; and/or
24 b. this project is consistent with the Master Plan cited above; and
9S•" c. the Villages of La Costa Master Plan EIR 98-07 was certified in connection
~ fi with the prior project or plan; and
27 d. the project has no new significant environmental effect not analyzed as significant
in the prior EIR; and
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1 e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR
under CEQA Guidelines Sections 15162 or 15163 exist; and2
f. The Planning Commission finds that all feasible mitigation measures or project
alternatives identified in the Villages of La Costa Master Plan EIR 98-07,
4 which are appropriate to this Subsequent Project, have been completed,
incorporated into the project design or are required as conditions of approval for
5 this Subsequent Project.
6 4. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 11 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
<j recreational facilities; libraries; government administrative facilities; and open space,
related to the project will be installed to serve new development prior to or concurrent
10 with need.
11 5. That all necessary public facilities required by the Growth Management Ordinance will
be constructed or are guaranteed to be constructed concurrently with the need for them
12 created by this project and in compliance with adopted City standards, in that the project
is being proposed and will be implemented consistent with the requirements of the
Villages of La Costa Master Plan and Zone 11 Local Facilities Management Plan.
14 6. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the
15 McClellan-Palomar Airport, dated April 1994, in that as conditioned the applicant shall
record a notice concerning aircraft noise. The project is compatible with the projected
16 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 project is not
17 within noise contours greater than 60 CNEL as created by airport operations.
18 7. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
jo Code Section 14.28.020 and Landscape Manual Section I B).
20 8. 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
21 to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
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Conditions;23
24 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of
Building Permit.
25 1. If any of the following conditions fail to occur; or if they are, by their terms, to be
26 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
27 revoke or modify all approvals herein granted; deny or further condition issuance of all
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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 Major Planned Development
4 Permit Amendment.
5 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Major Planned Development Permit Amendment documents,
6 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.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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4. If any condition for construction of any public improvements or facilities, or the payment
11 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.
14 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
15 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
16 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 Major Planned Development
Permit Amendment, (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,
, n including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions.
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6. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar
21 copy of the Site Plan reflecting the conditions approved by the final decision making
body.
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7. Prior to the issuance of a building permit, the Developer shall provide proof to the
3 Director from the San Marcos Unified School District that this project has satisfied its
obligation to provide school facilities.
25 8. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 11 Local Facilities Management Plan and any amendments made to
26 that Plan prior to the issuance of building permits, including, but not limited to the
following.
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1 9. 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.
4 10. Developer shall construct the required inclusionary units as stipulated in the First
5 Amended and Restated Affordable Housing Agreement (dated February 21, 2003)
between Morrow Development and the City of Carlsbad concurrent with the project's
6 market rate units, unless both the final decision making authority of the City and the
Developer agree within an Affordable Housing Agreement to an alternate schedule for
7 development.
11. Prior to the issuance of the building permits, 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 Major Planned Development Permit
Amendment by Resolution No. 6050 on the property. Said Notice of Restriction shall
11 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
12 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
13 showing of good cause by the Developer or successor in interest.
12. 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 11, pursuant to Chapter 21.90. All such
17 taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
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13. Developer shall establish a homeowner's association and corresponding covenants,
19 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:
22 a. General Enforcement by the City. The City shall have the right, but not the
23 obligation, to enforce those Protective Covenants set forth in this Declaration in favor
of, or in which the City has an interest.
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b. Notice and Amendment. A copy of any proposed amendment shall be provided to the
25 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.
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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
4 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
5 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
6 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,o
d. Special Assessments Levied by the City. In the event the City has performed the
necessary maintenance to either Common Area Lots and/or Association's Easements,
10 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
11 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
12 full within the time specified, the City will pursue collection against the Owners in
the Project pursuant to the provisions of this Section. Said invoice shall be due and
payable by the Association within twenty (20) days of receipt by the Association. If
the Association shall fail to pay such invoice in full within the period specified,
payment shall be deemed delinquent and shall be subject to a late charge in an
15 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
16 law or in equity. Without limiting the generality of the foregoing, in addition to all
other rights and remedies available to the City, the City may levy a special
assessment against the Owners of each Lot in the Project for an equal prorata share of
the invoice, plus the late charge. Such special assessment shall constitute a charge on
the land and shall be a continuing lien upon each Lot against which the special
assessment is levied. Each Owner in the Project hereby vests the City with the right
and power to levy such special assessment, to impose a lien upon their respective Lot
20 and to bring all legal actions and/or to pursue lien foreclosure procedures against any
Owner and his/her respective Lot for purposes of collecting such special assessment
21 in accordance with the procedures set forth in Article of this Declaration.
22 e. Landscape Maintenance Responsibilities. The HO As and individual lot or unit owner
landscape maintenance responsibilities shall be established by the HOA and set
23 forth in the CC&Rs.
24 f. The proposed project CC&Rs shall provide a list of invasive plant species
25 prohibited from landscaping adjacent to conserved habitat areas.
26 g. Outdoor lighting restrictions for private residential lots located adjacent to the
HCP/OMSP shall be noted in the proposed project CC&Rs.
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1 h. Educational materials regarding the sensitivity of the HCP/OMSP shall be given
to the proposed Project Residents as part of the CC&Rs. The material shall
2 state the importance of the conserved habitat areas and ways to avoid impacts to
_ them.
4 i. No combustible patio covers, decks or similar structures to homes shall occur
within the first 20 feet (Zone 1) of the 60-foot Fire Protection Zone unless fire
5 rated or heavy timber materials are utilized and approval of said materials shall
be obtained prior to installation from the Building Department.
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j. Unless the Fire Protection Zone begins at the property line, trees and shrubs
' shall be prohibited in the first 20 feet of the 60-foot zone.
14. 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,
10 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
11 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
12 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.
14 15. Prior to occupancy of the first dwelling unit the Developer shall provide all required
15 passive and active recreational areas per the approved plans, including landscaping and
recreational facilities.
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16. Developer shall report, in writing, to the Planning Director within 30 days, any address
change from that which is shown on the permit application.
1 O
17. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to
, Q 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
20 existing schools, parks and streets.
21 18. 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
22 posted until ALL of the units are sold.
19. Prior to the issuance of building permits, the Developer shall prepare and record a Notice
that this property may be subject to noise impacts from the proposed or existing
Transportation Corridor, in a form meeting the approval of the Planning Director and
25 City Attorney (see Noise Form #1 on file in the Planning Department).
26 20. Prior to the 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
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1 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).
„ 21. Developer shall post aircraft noise notification signs in all sales and/or rental offices
associated with the new development. The number and locations of said signs shall be
4 approved by the Planning Director (see Noise Form #3 on file in the Planning
Department).
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22. Any signs proposed for this development shall at a minimum be designed in conformance
6 with the Villages of La Costa Master Plan and shall require review and approval of the
Planning Director prior to installation of such signs.
g 23. The required common recreation area shall begin construction prior to the
occupancy of the first unit and be approved for use prior to the occupancy of 50%
9 of the first units in this neighborhood.
10 24. Prior to the issuance of building permits, an interior noise assessment to determine
proper architectural treatments (i.e., specialized door and window treatments) shall
11 be required for all project lots where the CNEL exceeds 60 dBA at the second story
(as identified in the Acoustical Site Assessment La Costa Ridge Tentative Maps 2.1
12 Through 2.5, Investigative Science and Engineering, 1/26/04).
13 25. The Developer shall comply with all the applicable conditions set forth by CT 04-04
14 in Resolution No. 5739 and PUD 04-03 in Resolution No. 5740, which are
incorporated by reference herein.
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26. The Developer shall implement and comply with all applicable mitigation measures
16 required by the Mitigation Monitoring and Reporting Program certified with the Final
Program EIR for the Villages of La Costa Master Plan - EIR 98-07, contained in
17 Planning Commission Resolution No. 5010, including but not limited to Mitigation
Measures regarding the adherence to the applicable foundation recommendations
contained in the geotechnical report and the fire protection plan for manufactured
* o slopes.
20 Engineering:
21 General
22 27. 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.
24 28. Prior to issuance of any building permit, Developer shall comply with the requirements of
25 the City's anti-graffiti program for wall treatments if and when such a program is
formally established by the City.
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Fees/Agreements
29. This project shall be annexed into City of Carlsbad Street Lighting and
_ Landscaping District No. 2 (SL&LD #2). Prior to approval of any grading, building
permits or final map for this project, Developer shall cause Owner to execute an
4 Agreement to annex the subject property into City of SL&LD #2. The Agreement
shall be in a form approved by the Assistant City Finance Director. Developer shall
5 pay all fees necessary to annex the property into SL&LD #2.
6 Grading
7 30. 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 prior to issuance of any building permits. A
9 single precise grading plan for the entire development shall be processed in lieu of
individual plans coinciding with construction phasing.
10
31. Developer shall comply with the City's requirements of the National Pollutant Discharge
11 Elimination System (NPDES) permit. Developer shall provide improvements constructed
pursuant to best management practices as referenced in the "California Storm Water Best
12 Management Practices Handbook" to reduce surface pollutants to an acceptable level
prior to discharge to sensitive areas. Plans for such improvements shall be submitted to
and subject to the approval of the City Engineer. Said plans shall include but not be
14 limited to notifying prospective owners and tenants of the following:
15 a. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
16 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,
, o herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
20 containers.
Best Management Practices shall be used to eliminate or reduce surface pollutants
21 when planning any changes to the landscaping and surface improvements.
22 32. 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 SWPPP 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
25 to the maximum extent practicable storm water pollutant runoff during construction of
the project. At a minimum, the SWPPP shall:
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a. include all content as established by the California Regional Water Quality
27 Control Board requirements;
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b. include the receipt of "Notice of Intent" issued by the California Regional Water
Quality Control Board;
2 c. 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
4 to City right-of-way or natural drainage course; and
d. establish specific procedures for handling spills and routine clean up. Special
5 considerations and effort shall be applied to employee education on the proper
procedures for handling clean up and disposal of pollutants.
6
33. 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
Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of
a 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:
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a. identify existing and post-development on-site pollutants-of-concern;
12 b. identify the hydrologic unit this project contributes to and impaired water bodies
that could be impacted by this project;
c. 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;
15 d. establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to resident education on the proper
16 procedures for handling clean up and disposal of pollutants;
ensure long-term maintenance of all post construct BMPs in perpetuity; and
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
f. 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
20 practicable.
21 Fire:
22 34. Developer shall provide a copy of the CC&Rs for Fire Department review and
approval with respect to language describing construction and protective measures
to be provided for any lot or parcel that is adjacent to or influenced by either
natural native vegetation or Fire Protection Zones. CC&R protective measures
shall include:
25 a. No combustible patio covers, decks or similar structures to homes shall occur
26 within the first 20 feet (Zone 1) of the 60-foot Fire Protection Zone unless fire
rated or heavy timber materials are utilized and approval of said materials
27 shall be obtained prior to installation from the Building Department.
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1 b. Unless the Fire Protection Zone begins at the property line, trees and shrubs
shall be prohibited in the first 20 feet of the 60-foot zone.
- 35. Lots 24, 41 and 42 shall be provided with "Fire Resistive" construction as defined in
the Carlsbad Building Code and/or any other model or prescriptive code adopted by
4 the City of Carlsbad, County of San Diego, or the State of California, where that
structure is adjacent to or within any Fire Protection Zone.
5
Code Reminders:
6
The project is subject to all applicable provisions of local ordinances, including but not limited to
' the following:
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36. Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
10 37. Developer shall exercise special care during the construction phase of this project to
11 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
12 of the City Engineer.
38. Some improvements shown on the tentative parcel map and/or required by these
conditions are located offsite on property which neither the City nor the owner has
sufficient title or interest to permit the improvements to be made without acquisition of
title or interest. The Developer shall immediately initiate negations to acquire such
property. The Developer shall use its best efforts to effectuate negotiated acquisition. If
16 unsuccessful, Developer shall demonstrate to the City Engineer its best efforts, and
comply with requirements of Carlsbad Municipal Code Section 20.16.095 to notify and
17 enable the City to successfully acquire said property by condemnation.
18 39. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
2Q 40. 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
21 permit issuance, except as otherwise specifically provided herein.
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1 NOTICE
2 Please take NOTICE that approval of your project includes the "imposition" of fees,
3 dedications, reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
4
You have 90 days from date of final approval to protest imposition of these fees/exactions. 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.
8
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
9 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.
12 PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
13 Commission of the City of Carlsbad, California, held on the 5th day of April 2006, by the
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following vote, to wit:
15 "
16 AYES: Chairperson Montgomery, Commissioners Baker, Cardosa,
Dominguez, Heineman, Segall, and Whitton
lg NOES:
19 ABSENT:
20 ABSTAIN:
21
22
MARTELL B. MONTGOMERY, i^Hirperson
CARLSBAD PLANNING COMMISSION
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26
' Assistant Planning Director
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