HomeMy WebLinkAbout2006-06-07; Planning Commission; Resolution 61171 PLANNING COMMISSION RESOLUTION NO. 6117
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW FOR THE
4 CONSTRUCTION OF A COMMON RECREATIONAL
5 VEHICLE STORAGE AREA WITHIN NEIGHBORHOOD 3.2 OF
THE OAKS IN THE VILLAGES OF LA COSTA MASTER PLAN
6 ON PROPERTY GENERALLY LOCATED NORTH OF SAN
ELIJO ROAD AND EAST OF RANCHO SANTA FE ROAD IN
7 LOCAL FACILITIES MANAGEMENT ZONE 11.
CASE NAME: VILLAGES OF LA COSTA OAKS
8 NEIGHBORHOOD 3.2 RV SITE
9 CASE NO.: CUP 05-06
10 WHEREAS, Morrow Development, "Developer," has filed a verified application
1 * with the City of Carlsbad regarding property owned by Real Estate Collateral Management
12 Company, "Owner," described as
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La Costa Oaks North, being a subdivision of potion of Parcel
14 Map 10179, filed in the Office of the County Recorder of San
Diego County June 17, 1980 as filed No. 80-204502, and
Sections 29, 30 and 32 Township 12 south Range 3 west, all in
1 g the City of Carlsbad, County of San Diego, State of California
17 ("the Property"); and
18 WHEREAS, said verified application constitutes a request for a Conditional Use
19 Permit as shown on Exhibits "A" - "W" dated June 7,2006, on file in the Planning Department,
20
VILLAGES OF LA COSTA OAKS NEIGHBORHOOD 3.2 RV SITE - CUP 05-06, as
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22 provided by Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and
23 WHEREAS, the Planning Commission did, on the 7th day of June 2006, hold a
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 all persons desiring to be heard, said Commission considered all factors
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relating to the CUP.28
1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2
Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.4
* B) That based on the evidence presented at the public hearing, the Commission
APPROVES - VILLAGES OF LA COSTA OAKS NEIGHBORHOOD 3.2
6 RV SITE - CUP 05-06, based on the following findings and subject to the
following conditions:
7
o Findings:o
9 1. That the requested use is necessary or desirable for the development of the community, is
essentially in harmony with the various elements and objectives of the General Plan, and
10 is not detrimental to existing uses specifically permitted in the zone in which the
proposed use is located, in that the Recreational Vehicle (RV) storage area will satisfy
a condition of the Villages of La Costa Master Plan and the Planned Development
j2 Ordinance that requires 20 square feet of RV storage for each Planned Unit
Development lot or unit.
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2. That the site for the intended use is adequate in size and shape to accommodate the use, in
14 that this site was established in the Villages of La Costa Master Plan as an allowed
., location for a common RV storage area. It is adequate in size and shape to
accommodate 16,600 square feet of storage area and associated landscaping and
16 screen walls.
17 3. That all the yards, setbacks, walls, fences, landscaping, and other features necessary to
adjust the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that the project has been designed with a 8 foot high solid
19 masonry screen wall that will provide security for the site and berming and
landscaping has been included with the proposal that will ensure the site will be
20 adequately screened from the public right-of-way.
21 4. That the street system serving the proposed use is adequate to properly handle all traffic
22 generated by the proposed use, in that the project has been designed and constructed
to accommodate all of the anticipated traffic generated by the Village of La Costa
23 Master Plan uses.
24 5. The Planning Director has determined that:
25 a. the project is a subsequent activity of the Villages of La Costa Master Plan, a
26 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
27 program approved earlier, and that the program EIR adequately describes the
activity for the purposes of CEQA); [15168(c)(2) and (e)]; and/or28
b. this project is consistent with the Master Plan cited above; and
PCRESONO. 6117 -2-
c. the Villages of La Costa Master Plan EIR 98-07 was certified in connection
2 with the prior project or plan; and
3 d. the project has no new significant environmental effect not analyzed as significant
in the prior EIR; and
4 e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR
t- under CEQA Guidelines Sections 15162 or 15163 exist; and
6 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,
' which are appropriate to this Subsequent Project, have been completed,
„ incorporated into the project design or are required as conditions of approval for
this Subsequent Project.
9
6. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
10 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
12 and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
13 project will be installed to serve new development prior to or concurrent with need.
14 7. 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
created by this project and in compliance with adopted City standards, in that the project
16 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.
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8. 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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9. The Planning Commission has reviewed each of the exactions imposed on the Developer
20 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
22 Conditions;
23
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of
24 Grading Permit.
1. If any of the following conditions fail to occur; or if they are, by their terms, to be
2/r 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
future building permits; deny, revoke or further condition all certificates of occupancy
28 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
PCRESONO. 6117 -3-
conditions or seek damages for their violation. No vested rights are gained by Developer
2 or a successor in interest by the City's approval of this Conditional Use Permit.
3 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Conditional Use Permit documents, as necessary to make them
^ internally consistent and in conformity with the final action on the project. Development
f- shall occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
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3. Developer shall comply with all applicable provisions of federal, state, and local laws and
7 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
9 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
10 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
* 1 all requirements of law.
12 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
13 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
14 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 Conditional Use Permit, (b)
City's approval or issuance of any permit or action, whether discretionary or non-
15 discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator's installation and operation of the facility permitted hereby, including
17 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
19 validated.
20 6. Developer shall submit to Planning Department a reproducible 24" x 36" mylar 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
Director from the Carlsbad Unified School District that this project has satisfied its
23 obligation to provide school facilities.
24 g. 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
that Plan prior to the issuance of building permits.
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9. Building permits will not be issued for this project unless the local agency providing
27 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
2° 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.
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10. This Conditional Use Permit shall be reviewed by the Planning Director annually to
2 determine if all conditions of this permit have been met and that the use does not have a
substantial negative effect on surrounding properties or the public health and welfare. If
3 the Planning Director determines that the use has such substantial negative effects, the
Planning Director shall recommend that the Planning Commission, after providing the
4 permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
, substantial negative effects.
6 11. This permit may be revoked at any time after a public hearing, if it is found that the use
has a substantial detrimental effect on surrounding land uses and the public's health and
7 welfare, or the conditions imposed herein have not been met.
o
12. Developer shall submit and obtain Planning Director approval of a Final Landscape and
9 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City's Landscape Manual. Developer shall construct and install all landscaping as
10 shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
condition, free from weeds, trash, and debris.
, ~ 13. 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
13 project's building, improvement, and grading plans.
14 14. Developer shall submit and obtain Planning Director approval of an exterior lighting plan
including parking areas. All lighting shall be designed to reflect downward and avoid any
impacts on adjacent homes or property.
16 „ .Engineering
17
General
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19 15. 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
20 for the proposed haul route.
21 16. Prior to issuance of any building permit, Developer shall comply with the requirements of
22 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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17. Developer shall provide to the City Engineer, an acceptable means, CC&Rs or/and other
24 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
26 among the owners of the properties within the subdivision.
27 18. Prior to occupancy, Developer shall install rain gutters to convey roof drainage to an
approved drainage course or street to the satisfaction of the City Engineer.28
PCRESONO. 6117 -5-
Fees/Agreements
2
19. Developer shall cause property owner to execute and submit to the City Engineer for
3 recordation, the City's standard form Geologic Failure Hold Harmless Agreement.
^ 20. 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.
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21. Prior to approval of any grading or building permits for this project, Developer shall
7 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
9 an additional Street Lighting and Landscaping District. Said written consent shall
be on a form provided by the City Engineer.
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11 Grading
12 22. Based upon a review of the proposed grading and the grading quantities shown on the
13 tentative map, 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 a building permit for
14 the project.
23. Prior to the issuance of a grading permit or building permit, whichever occurs first,
\ g Developer shall submit to the City Engineer proof that a Notice of Intention for the start
of work has been submitted to the State Water Resources Control Board.
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24. Upon completion of grading, Developer shall file an "as-graded" geologic plan with the
City Engineer. The plan shall clearly show all the geology as exposed by the grading
^9 operation, all geologic corrective measures as actually constructed and must be based on a
contour map which represents both the pre and post site grading. The plan shall be signed
20 by both the soils engineer and the engineering geologist, and shall be submitted on a 24"
x 36" mylar or similar drafting film format suitable for a permanent record.
21
Dedications/Improvements
23 25. 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
24 with any grading or building permit.
25 26. Developer shall provide the design of all drainage systems to the satisfaction of the City
25 Engineer. All drainage systems shall be inspected by the City. Developer shall pay the
standard improvement plancheck and inspection fees.
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27. Developer shall execute a City standard Development Improvement Agreement to install
° and secure with appropriate security as provided by law, public improvements shown on
the site plan and the following improvements including, but not limited to paving, base,
PCRESONO. 6117 -6-
sidewalks, curbs and gutters, medians, signing and striping, traffic control, grading,
2 clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire
hydrants, street lights, retaining walls and reclaimed water, to City Standards to the
3 satisfaction of the City Engineer.
4 A dedicated right turn lane from Rancho Santa Fe Road into the project.
Improvements listed above shall be constructed within 18 months of approval of the
6 subdivision or development improvement agreement or such other time as provided in
said agreement.
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28. Developer shall have the entire drainage system designed, submitted to and approved by
the City Engineer, to ensure that runoff resulting from 10-year frequency storms of 6
9 hours and 24 hours duration under developed conditions, are equal to or less than the
runoff from a storm of the same frequency and duration under existing developed
10 conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the
detention basin capacities necessary to accomplish the desired results.
, 2 29. Developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System (NPDES) permit, latest version. Developer shall provide
13 improvements constructed pursuant to best management practices as referenced in the
"California Storm Water Best Management Practices Handbook" to reduce surface
14 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 limited to notifying prospective owners and tenants of
15 the following:
17 a. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
1° hazardous waste products.
19 b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
20 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
21 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
23 containers.
24 c. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
2/r 30. 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
27 (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
28 Board and the City of Carlsbad. The SWPPP shall address measures to reduce to the
PCRESONO. 6117 -7-
maximum extent practicable storm water pollutant runoff during construction of the
2 project. At a minimum, the SWPPP shall:
3 a. include all content as established by the California Regional Water Quality
Control Board requirements;
4 b. include the receipt of "Notice of Intent" issued by the California Regional Water
c Quality Control Board;
recommend source control and treatment control Best Management Practices
6 (BMPs) that will be implemented with this project to avoid contact or filter said
pollutants from storm water to the maximum extent practicable before discharging
to City right-of-way or natural drainage course; and
d. establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to employee education on the proper
9 procedures for handling clean up and disposal of pollutants.
10 31. 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
the California Regional Water Quality Control Board and City of Carlsbad Municipal
13 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
14 project. At a minimum, the SWMP shall:
a. identify existing and post-development on-site pollutants-of-concern;
b. identify the hydrologic unit this project contributes to and impaired water bodies
that could be impacted by this project;
17 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;
d. establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to residents and HO A employees
20 education on the proper procedures for handling clean up and disposal of
pollutants;
21 e. ensure long-term maintenance of all post construct BMPs in perpetuity; 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
23 practicable.
24 32. Prior to building permit or grading permit issuance, whichever occurs first, Developer
shall have design, apply for and obtain approval of the City Engineer, for the structural
25 section for the access aisles with a traffic index of 5.0 in accordance with City Standards
due to truck access through the parking area and/or aisles with an ADT greater than 500.
The structural pavement design of the aisle ways shall be submitted together with
27 required R-value soil test information and approved by the City Engineer as part of the
building or grading plan review whichever occurs first.
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33. Developer shall incorporate into the grading/improvement plans the design for the project
2 drainage outfall end treatments for any drainage outlets where a direct access road for
maintenance purposes is not practical. These end treatments shall be designed so as to
3 prevent vegetation growth from obstructing the pipe outfall. Designs could consist of a
modified outlet headwall consisting of an extended concrete spillway section with
longitudinal curbing and/or radially designed rip-rap, or other means deemed appropriate,
5 to the satisfaction of the City Engineer.
6 Water
7 34. 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
9 public improvements and shall be served by public water mains to the satisfaction of the
District Engineer.
10
35. The Developer shall design and construct public facilities within public right-of-way or
* * within minimum 20-feet wide easements granted to the District or the City of Carlsbad.
•> ~ At the discretion of the District Engineer, wider easements may be required for adequate
maintenance, access and/or joint utility purposes.
13
36. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
14 for connection to public facilities. Developer shall pay the San Diego County Water
Authority capacity charge(s) prior to issuance of Building Permits.
16 37. The Developer shall prepare a colored recycled water use map and submit this map to the
Planning Department for processing and approval by the District Engineer.
17
38. The Developer shall design landscape and irrigation plans utilizing recycled water as a
*° source. Said plans shall be submitted to the satisfaction of the District Engineer.
19 39. The Developer shall install potable water and recycled water services and meters at
20 locations approved by the District Engineer. The locations of said services shall be
reflected on public improvement plans.
21
40. The Developer shall install sewer laterals and clean-outs at locations approved by the
District Engineer. The locations of sewer laterals shall be reflected on public
23 improvement plans.
24 41, The Developer shall design and construct public water, sewer, and recycled water
facilities substantially as shown on the site plan to the satisfaction of the District
2-> Engineer. Proposed public facilities shall be reflected on public improvement plans.
26 42, This project is approved upon the express condition that building permits will not be
27 issued for the development of the subject property, unless the District Engineer has
determined that adequate water and sewer facilities are available at the time of
28 occupancy.
PCRESONO. 6117 -9-
43. Prior to issuance of building permits the entire potable water, recycled water, and sewer
2 system shall be evaluated in detail to ensure that adequate capacity, pressure, and flow
demands can be met to the satisfaction of the District Engineer.
3
Special Condition
4
c 44. The Average Daily Trips (ADT) and floor area contained in the staff report and
shown on the site plan are for planning purposes only. Developer shall pay traffic
6 impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of
Carlsbad Municipal Code, respectively.
7
Code Reminderso
9 45. 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
10 with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer.11
12 46. Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
13
47. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
14 Code Section 18.04.320.
48. 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.
17
49. The project shall comply with the latest non-residential disabled access requirements
18 pursuant to Title 24 of the State Building Code.
19 50. Any signs proposed for this development shall at a minimum be designed in conformance
20 with the City's Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
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NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
You have 90 days from date of final approval to protest imposition of these 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.
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
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 7th day of June 2006 by the
following vote, to wit:
AYES:Chairperson Montgomery, Commissioners Baker, Cardosa,
Dominguez, Segall, and Whitton
NOES:
ABSENT: Commissioner Heineman
ABSTAIN:
MARTELL B. MOyTGOMEI
CARLSBAD PLANNING C(
'Chairperson
ISSION
DONNEU
Assistant Planning Director
PCRESONO. 6117 -11-