HomeMy WebLinkAbout2006-06-07; Planning Commission; Resolution 61131 PLANNING COMMISSION RESOLUTION NO. 6113
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
- CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A MAJOR PLANNED DEVELOPMENT
4 PERMIT AMENDMENT FOR BUILDING FLOOR PLANS,
ELEVATIONS AND PLOTTING FOR THE DEVELOPMENT
5 OF 71 SINGLE-FAMILY DETACHED HOMES WITHIN THE
VILLAGES OF LA COSTA, GREENS NEIGHBORHOOD 1.07,
6 GENERALLY LOCATED NORTH OF POINSETTIA LANE,
EAST OF ALICANTE ROAD, WEST OF EL FUERTE STREET,
7 SOUTH OF GREENS NEIGHBORHOOD 1.06 AND BRESSI
RANCH PLANNING AREA 11, AND WITHIN LOCAL
FACILITIES MANAGEMENT ZONE 10.
9 CASE NAME: VILLAGES OF LA COSTA GREENS
NEIGHBORHOOD 1.07
10 CASE NO.: PUD04-13(A)
11 WHEREAS, K. Hovnanian Companies of California, Inc., "Developer," has
12 filed a verified application with the City of Carlsbad regarding property owned by Real Estate
Collateral Management Company, "Owner," described as
14 Lots 1 - 71 of Carlsbad Tract 04-15, La Costa Greens -
15 Neighborhoods 1.04 and 1.07 of the Villages of La Costa, per
final map no. 15053 filed in the Office of the County Recorder
16 of San Diego County, July 27,2005, as file no. 2005-639126
17 ("the Property"); and
18 WHEREAS, said verified application constitutes a request for a Major Planned
19 Development Permit Amendment as shown on Exhibits "A" - "LL" dated June 7, 2006, on file
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in the Planning Department, VILLAGES OF LA COSTA GREENS NEIGHBORHOOD 1.07
21
- PUD 04-13(A) as provided by Chapter 21.45 of the Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did, on the 7th day of June, 2006, hold a
£j
24 duly noticed public hearing as prescribed by law to consider said request; and
25 WHEREAS, at said public hearing, upon hearing and considering all testimony
26 and arguments, if any, of persons desiring to be heard, said Commission considered all factors
27 relating to the Major Planned Unit Development Permit Amendment.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
3
A) That the foregoing recitations are true and correct.
4 B) That based on the evidence presented at the public hearing, the Commission
5 RECOMMENDS APPROVAL of VILLAGES OF LA COSTA GREENS
NEIGHBORHOOD 1.07, based on the following findings and subject to the
6 following conditions:
' Findings:
o 1. That the proposed project complies with all applicable development standards included
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
I Q 71 single-family detached units located on previously approved lots with a minimum
area of 5,000 square feet. The proposed project is consistent with Chapter 21.45 of
I1 the Carlsbad Municipal Code and all proposed homes comply with the architecture
and site planning standards of the Villages of La Costa Master Plan.
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2. That the proposed project's density, site design and architecture are compatible with
surrounding development, in that there are existing and future single-family
residential neighborhoods to the north and east of the site which are similar in
character and density.
3. The Planning Director has determined that:
a. the project is a subsequent activity of the Villages of La Costa Master Plan, a
17 project 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
18 program approved earlier, and that the program EIR adequately describes the
activity for the purposes of CEQA); [15168(c)(2) and (e)]; and/or
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b. this project is consistent with the Master Plan cited above; and
c. the Villages of La Costa Master Plan EIR 98-07 was certified in connection
with the prior project or plan; and
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d. the project has no new significant environmental effect not analyzed as significant
23 in the prior EIR; and
24 e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR
under CEQA Guidelines Sections 15162 or 15163 exist; and
~, 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,
27 which are appropriate to this Subsequent Project, have been completed,
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PCRESONO. 6113 -2-
1 incorporated into the project design or are required as conditions of approval for
this Subsequent Project.
- 4. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 10 and all City public facility policies and
4 ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer
5 collection and treatment; water; drainage; circulation; fire; schools; parks and other
recreational facilities; libraries; government administrative facilities; and open space,
6 related to the project will be installed to serve new development prior to or concurrent
with need.7
„ 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
9 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
10 Villages of La Costa Master Plan and Zone 10 Local Facilities Management Plan.
11 6. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the
McClellan-Palomar Airport, dated April 1994, in that as conditioned the applicant shall
12 record a notice concerning aircraft noise. The project is compatible with the projected
noise levels of the CLUP; and, based on the noise/land use compatibility matrix of the
CLUP, the proposed land use is compatible with the airport, in that the project is not
j4 within noise contours greater than 60 CNEL as created by airport operations.
15 7. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section IB).
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8. The Planning Commission has reviewed each of the exactions imposed on the Developer
17 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.
19 Conditions:
20
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of
21 Building Permit.
22 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
3 implemented and maintained according to their terms, the City shall have the right to
~4 revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
25 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
26 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
27 Permit Amendment.
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1 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,
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
4 this approval.
5 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.
6
4. 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
9 invalid unless the City Council determines that the project without the condition complies
with all requirements of law.
10
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
11 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 Major Planned Development
Permit Amendment, (b) City's approval or issuance of any permit or action, whether
14 discretionary or non-discretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
15 including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions.
16
6. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar
copy of the Site Plan reflecting the conditions approved by the final decision making
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7. Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad Unified School District that this project has satisfied its
20 obligation to provide school facilities.
21 8. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 10 Local Facilities Management Plan and any amendments made to
22 that Plan prior to the issuance of building permits, including, but not limited to the
following.
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
25 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
26 facilities will continue to be available until the time of occupancy.
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PCRESONO. 6113 -4-
1 10. Developer shall construct the required inclusionary units as stipulated in the First
Amended and Restated Affordable Housing Agreement (dated February 21, 2003)
between Morrow Development and the City of Carlsbad concurrent with the project's
o 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
4 development.
5 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
6 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. 6113 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.
11 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
12 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 10, pursuant to Chapter 21.90. All such
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.
13. 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
17 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
18 Director. At a minimum, the CC&Rs shall contain the following provisions:
a. General Enforcement by the City. 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.
21 b. Notice and Amendment. A copy of any proposed amendment shall be provided to the
22 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
23 within 30 days for the official record.
24 c. 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
~t 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
27 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
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PCRESONO. 6113 -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
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
4 Owners as provided herein.
5 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,
6 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
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
10 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
11 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
15 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
16 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
in accordance with the procedures set forth in Article of this Declaration.
18 e. Landscape Maintenance Responsibilities. The HO As and individual lot or unit owner
landscape maintenance responsibilities shall be established by the HOA and set
forth in the CC&Rs.
20
f. The proposed project CC&Rs shall provide a list of invasive plant species
21 prohibited from landscaping adjacent to conserved habitat areas.
22 g. Outdoor lighting restrictions for private residential lots located adjacent to the
HCP/OMSP shall be noted in the proposed project CC&Rs.
24 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
25 state the importance of the conserved habitat areas and ways to avoid impacts to
them.
26
i. No combustible patio covers, decks or similar structures to homes shall occur
27 within the first 20 feet (Zone 1) of the 60-foot Fire Protection Zone unless fire
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PCRESONO. 6113 -6-
1 rated or heavy timber materials are utilized and approval of said materials shall
be obtained prior to installation from the Building Department.
., 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.
4
14. If satisfaction of the school facility requirement involves a Mello-Roos Community
5 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,
6 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
9 fact of a potential pass-through of fees or taxes exists and where complete information
regarding those fees or taxes can be obtained.
10
15. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to
11 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
12 existing schools, parks and streets.
16. Developer shall post a sign in the sales office in a prominent location that discloses which
14 special districts and school district provide service to the project. Said sign shall remain
posted until ALL of the units are sold.
15
17. Prior to the issuance of building permits, the Developer shall prepare and record a Notice
16 that this property may be subject to noise impacts from the proposed or existing El
Camino Real and Poinsettia Lane Transportation Corridors, in a form meeting the
17 approval of the Planning Director and City Attorney (see Noise Form #1 on file in the
Planning Department).18
jo 18. 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
20 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
19. Developer shall post aircraft noise notification signs in all sales and/or rental offices
22 associated with the new development. The number and locations of said signs shall be
approved by the Planning Director (see Noise Form #3 on file in the Planning
Department).
24 20. Any signs proposed for this development shall at a minimum be designed in conformance
25 with the Villages of La Costa Master Plan and shall require review and approval of the
Planning Director prior to installation of such signs.
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1 21. The required recreation area in Neighborhood 1.06 shall obtain approval and begin
construction prior to the occupancy of the first unit of either Neighborhood 1.06 or
1.07, whichever occurs first, and shall be approved for use prior to the occupancy of
3 50% of the units within Neighborhoods 1.06 and 1.07 combined.
4 22. Prior to the issuance of building permits, an interior noise assessment to determine
proper architectural treatments (i.e., specialized door and window treatments) shall
5 be required for project lots where the CNEL exceeds 60 dBA at the second story as
identified in the Acoustical Site Assessment for the Villages of La Costa Greens
6 Planning Area 1.07 (Investigative Science and Engineering, 6/8/04).
' 23. Prior to occupancy of any units within Neighborhood 1.07, 1,420 square feet of
permanent R.V. storage shall be made available in La Costa Greens Neighborhood
1.2, or temporary R.V. storage shall be made available within the Village of La
9 Costa Greens.
10 24. Prior to the issuance of building permits, the Developer shall record a Notice that
this property may be subject to noise impacts from a future school site and odor
11 impacts from an existing sewer lift station, in a form meeting the approval of the
Planning Director and City Attorney.
25. The Developer shall comply with all the applicable conditions set forth by MP 98-
01(D) in Resolution No. 5837, CT 04-15 in Resolution No. 5838 and PUD 04-13 in
Resolution No. 5839, which are incorporated by reference herein.
15 26. The Developer shall implement and comply with all applicable mitigation measures
required by the Mitigation Monitoring and Reporting Program certified with the Final
16 Program EIR for the Villages of La Costa Master Plan - EIR 98-07, contained in
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
slopes.
19 Engineering:
20
General
21
27. Developer shall comply with all conditions of approval for CT 04-15, which are
22 incorporated by reference.
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PCRESONO. 6113 -8-
1 28. Developer shall install sight distance corridors (see below for types) at all street
intersections in accordance with Engineering Standards.
3 Type II
"No structure, fence, wall, tree, shrub, sign, or other object shall be placed or
4 permitted on the subject property within an intersection sight distance
corridor established per Carlsbad Engineering Standards, Volume 1,
5 Chapter 3, Section 8.B. The underlying property owner shall maintain this
condition."
6
The limits of these sight distance corridors shall be reflected on any grading or
' landscape plan prepared in association with this development.
g
Fees/Agreements
9 29. Developer shall cause property owner to execute, record and submit a recorded copy to
I o the City Engineer, a deed restriction on the property which relates to the proposed sight
distance corridors as shown on the Site Plan over lot 34. The deed restriction document
I1 shall be in a form acceptable to the City Engineer and shall:
12 A. Clearly delineate the limits of the sight distance corridors on a plat to be
attached to the deed restriction;
,4 B. State that the sight distance corridor is to be maintained in perpetuity by the
underlying property owner; and
15
C. State that objects along the sight distance corridor will not restrict or impede the
16 ability of motorist at the intersection to identify approaching vehicles
pursuant to Caltrans sight distance and City sight distance corridor
17 standards.
18 Grading
19 30. Prior to the issuance of a grading permit or building permit, whichever occurs first,
20 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.
21
31. Based upon a review of the proposed grading and the grading quantities shown on the site
22 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.
2*3
24 Bre:
25 32. Developer shall provide a copy of the CC&Rs for Fire Department review and
approval with respect to language describing construction and protective measures
26 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
27 shall include:
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PCRESONO. 6113 -9-
a. 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
rated or heavy timber materials are utilized and approval of said materials
., shall be obtained prior to installation from the Building Department.
4 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.
5
33. Lots 16, 17, 28 and 38 shall be provided with "Fire Resistive" construction as
6 defined in the Carlsbad Building Code and/or any other model or prescriptive code
adopted by 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.
g
Code Reminders:
9 The project is subject to all applicable provisions of local ordinances, including but not limited to
10 the following:
11 34. Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
12
35. 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.
15
36. Some improvements shown on the tentative parcel map and/or required by these
16 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
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
enable the City to successfully acquire said property by condemnation.
20
37. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
21 Code Section 18.04.320.
22 38. 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.
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PCRESONO. 6113 -10-
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
7 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 7th day of June 2006, by the
14
following vote, to wit:
15
AYES: Chairperson Montgomery, Commissioners Baker, Cardosa,
Dominguez, Segall, and Whitton
18 NOES:
19 ABSENT: Commissioner Heineman
20
21
22
23
24
ATTEST:
2S"
26 ii DONNEU97^' Assistant Planning Director
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PCRESONO. 6113 -11-
MARTELL B. MONTCOMER\f0hairperson
CARLSBAD PLANNING COMMISSION