HomeMy WebLinkAbout2007-03-07; Planning Commission; Resolution 6263PLANNING COMMISSION RESOLUTION NO. 6263
1 A RESOLUTION OF THE PLANNING COMMISSION OF THE
2 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
TENTATIVE TRACT MAP TO ALLOW THE CONVERSION
3 OF AN EXISTING ONE-STORY INDUSTRIAL BUILDING
INTO TEN (10) AIRSPACE NONRESIDENTIAL
4 CONDOMINIUMS LOCATED AT 2221 LAS PALMAS DRIVE
5 WITHIN LOCAL FACILITIES MANAGEMENT ZONE 5.
CASE NAME: LAS PALMAS INDUSTRIAL CONDOS
6 CASE NO.: CT06-12 ___
7 WHEREAS, 2221 Las Palmas, LP, "Owner/Developer," has filed a verified
c
application with the City of Carlsbad regarding property described as
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Lot 6 of Carlsbad Tract No. 79-1, in the City of Carlsbad,
10 County of San Diego, State of California, according to map
thereof No. 9389, filed in the Office of the County Recorder of
11 San Diego County on September 26,1979
12 ("the Property"); and
13
WHEREAS, said verified application constitutes a request for a Tentative Tract
14
Map as shown on Exhibits "A" - "F" dated March 7, 2007, on file in the Planning Department,
16 LAS PALMAS INDUSTRIAL CONDOS - CT 06-12, as provided by Chapter 20.12 of the
17 Carlsbad Municipal Code; and
18 WHEREAS, the Planning Commission did, on the 7th day of March 2007, hold a
19 duly noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
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and arguments, if any, of persons desiring to be heard, said Commission considered all factors
23 relating to the Tentative Tract Map.
24 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
75 Commission of the City of Carlsbad as follows:
26 ,A) That the foregoing recitations are true and correct.
27
B) That based on the evidence presented at the public hearing, the Commission
28 APPROVES LAS PALMAS INDUSTRIAL CONDOS - CT 06-12 based on
the following findings and subject to the following conditions:
Findings:
2 1. That the proposed map and the proposed design and improvement of the subdivision as
3 conditioned, is consistent with and satisfies all requirements of the General Plan, any
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State
4 Subdivision Map Act, and will not cause serious public health problems, in that the.
proposed subdivision complies with all minimum requirements of Title 20 and has
been designed to comply with the Nonresidential Planned Development Ordinance,
g and the Planned Industrial (P-M) Zone development standards.
7 2. That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for Planned Industrial development on the
8 General Plan, in that surrounding properties have a General Plan Land Use
designation of Planned Industrial (P-M) and have been developed as such.
, Q 3. That the site is physically suitable for the type and density of the development since the
site is adequate in size and shape to accommodate industrial development, in that the
11 project complies with all development standards and public facilities requirements
without the need for variances from the development standards.
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4. That the design of the subdivision or the type of improvements will not conflict with
3 easements of record or easements established by court judgment, or acquired by the
j^ public at large, for access through or use of property within the proposed subdivision, in
that concurrent with the recordation of the final map the developer will vacate and
15 adjust any easements that conflict with the proposed development.
16 5. That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
6. That the Planning Director has determined that the project belongs to a class of projects
that the State Secretary for Resources has found do not have a significant impact on the
19 environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents Pursuant to Section 15301(k) of the California
20 Environmental Quality Act exemptions (Class 1), projects characterized as Existing
Facilities which involve the subdivision of existing commercial or industrial buildings
where no other physical changes are involved, are exempt from environmental review.
22 7. That the design of the subdivision provides, to the extent feasible, for future passive or
23 natural heating or cooling opportunities in the subdivision, in that the structures are
oriented in a manner that allows for solar exposure and to take advantage of
24 prevailing breezes.
25 g. That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their
habitat, in that the site is developed and no natural resources exist on the site.
27 9. That the discharge of waste from the subdivision will not result in violation of existing
28 California Regional Water Quality Control Board requirements, in that the project has
been designed in accordance with, and conditioned to comply with, the National
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Pollution Discharge Elimination System Standards to prevent any discharge
2 violations.
3 10. The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City's General Plan based on the facts set forth in
the staff report dated March 7, 2007 including, but not limited to the following:
a. Land Use - The proposed industrial uses are consistent with the Planned
5 Industrial (PI) General Plan Land Use and Planned Industrial (P-M) Zoning
designations for the site.
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b. Circulation - All public infrastructure necessary to serve the project has been
constructed in accordance with City standards.
9 c. Noise - The project is not significantly impacted by roadway noise from Las
10 Palmas Drive or from noise from the operation of McClellan-Palomar
Airport.
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_ 11. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 5 and all City public facility policies and
13 ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer collection
14 and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
i /- Specifically,
17 a. The project has been conditioned to provide proof from the Carlsbad Unified
School District that the project has satisfied its obligation for school facilities.
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19 b. Developer shall pay non-residential park-in-lieu fee to the City, prior to the
approval of a building permit or the final map to be used for park facilities within
20 Zone 5.
21 12. The project has been conditioned to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
22 requirements established by a Local Facilities Management Plan prepared pursuant to
,-,,, Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of
public facilities and will mitigate any cumulative impacts created by the project.
24 13. This project has been conditioned to comply with any requirement approved as part of the
25 Local Facilities Management Plan for Zone 5.
26 14. 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.
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15. The Planning Commission has reviewed each of the exactions imposed on the Developer
2 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
3 degree of the exaction is in rough proportionality to the impact caused by the project.
4 Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of
the final map.
7 1. If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
10 issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City's approval of this Tentative Tract Map.
13 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Tentative Tract Map documents, as necessary to make them
14 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.
16 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
17 regulations in effect at the time of building permit issuance.
4. Prior to the sale of any individual unit, the Developer shall submit to the Planning
, g Director a recorded copy of the Condominium Plan filed with the Department of Real
Estate which is in conformance with the City-approved documents and exhibits.
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5. If any condition for construction of any public improvements or facilities, or the payment
21 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
23 unless the City Council determines that the project without the condition complies with
all requirements of law.
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Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
~.. representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney's fees incurred by the City arising, directly
27 or indirectly, from (a) City's approval and issuance of this Tentative Tract Map, (b)
City's approval or issuance of any permit or action, whether discretionary or non-
28 discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator's installation and operation of the facility permitted hereby, including
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without limitation, any and all liabilities arising from the emission by the facility of
2 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
3 validated.
7. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar
,- copy of the Tentative Map reflecting the conditions approved by the final decision
making body.
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8. Prior to the issuance of a building permit, the Developer shall provide proof to the
7 Director from the Carlsbad Unified School Districts that this project has satisfied its
obligation to provide school facilities.5
9 9. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 5 Local Facilities Management Plan and any amendments made to that
10 Plan prior to the issuance of building permits.
10. .Building permits will not be issued for this project unless the local agency providing
^2 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
13 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. A note to this effect
*4 shall be placed on the Final Map.
11. Developer shall establish an owner's association and corresponding covenants, conditions
16 and restrictions. Said CC&Rs shall be submitted to and approved by the Planning
Director prior to final map approval. The CC&Rs shall adequately address
17 maintenance of all common landscape areas, employee eating areas, and paved
access and parking areas. Prior to recordation of the final map the Developer shall
provide the Planning Department with a draft copy of the CC&Rs. The approved
19 CC&Rs shall be recorded concurrently with the final map. At a minimum, the
CC&Rs shall contain the following provisions:
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a. General Enforcement by the City. The City shall have the right, but not the
21 obligation, to enforce those Protective Covenants set forth in this Declaration in favor
22 of, or in which the City has an interest.
23 b. Notice and Amendment. A copy of any proposed amendment shall be provided to the
City in advance. If the proposed amendment affects the City, City shall have the right
24 to disapprove. A copy of the final approved amendment shall be transmitted to City
within 30 days for the official record.
26 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
27 Association's Easements" as provided in Article , Section the
City shall have the right, but not the duty, to perform the necessary maintenance. If
the City elects to perform such maintenance, the City shall give written notice to the
Association, with a copy thereof to the Owners in the Project, setting forth with
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particularity the maintenance which the City finds to be required and requesting the
2 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
3 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
4 be completed and shall be entitled to reimbursement with respect thereto from the
- Owners as provided herein.
6 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,
7 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
9 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
10 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 amount
equal to six percent (6%) of the amount of the invoice. Thereafter the City may
13 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
14 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
16 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
17 levy such special assessment, to impose a lien upon their respective Lot and to bring
all legal actions and/or to pursue lien foreclosure procedures against any Owner and
his/her respective Lot for purposes of collecting such special assessment in
, Q accordance with the procedures set forth in Article of this Declaration.
20 e. Landscape Maintenance Responsibilities. The HO As and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit "F" of CT 06-
21 12.
22 f. The required CC&Rs shall assign to a governing board the responsibility for
23 reviewing all proposed tenant improvements for the project to ensure that the
number of required parking spaces to accommodate the combined proportions
24 of uses, based on the parking ratios required by Chapter 21.44 of the Carlsbad
Municipal Code, does not exceed 100 spaces.
26 g. Prior to submitting building plans for tenant improvements to the City of
Carlsbad Building Department, the governing board shall be required to
27 approve the tenant improvement plans for purposes of assuring an adequate
distribution of parking spaces.
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h. The location and size of all employee eating areas, parking areas, and
2 landscaped areas within the project as shown on Exhibit "A" of CT 06-12, shall
not be altered, reduced, fenced, or divided to preclude the equal use by all
3 owners/employees of the site.
i. All on-site parking and access aisles/driveways proposed for the Las Palmas
c project shall be shared between all uses in perpetuity.
6 12. This approval is granted subject to the approval of PUD 06-11 and PIP 06-16 and is
subject to all conditions contained in Planning Commission Resolutions No. 6264 and
6265 for those other approvals incorporated herein by reference.
13. Developer shall submit to the City a Notice of Restriction to be filed in the office of the
9 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
10 Tentative Tract Map, Nonresidential Planned Development Permit and a Planned
Industrial Permit by Resolutions No. 6263, 6264 and 6265 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
13 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.
14
, <- 14. Tenant improvements for this project are only permitted if the parking provided
complies with city ordinance parking requirements (CMC Chapter 21.44) for the
16 mix of uses proposed (manufacturing/warehouse). This condition shall be included
in the Notice of Restriction in Condition 13 of this permit.
17
15. Developer shall construct covered trash receptacle and recycling areas enclosed by a six-
foot high masonry wall with gates pursuant to City Engineering Standards and Carlsbad
1Q Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the
Planning Director. Enclosure shall be of similar colors and/or materials to the project to
20 the satisfaction of the Planning Director.
21 16. No outdoor storage of materials shall occur onsite unless required by the Fire Chief.
When so required, the Developer shall submit and obtain approval of the Fire Chief and
the Planning Director of an Outdoor Storage Plan, and thereafter comply with the
23 approved plan.
24 17. Developer shall maintain all outdoor landscape sprinklers in good condition and
adhere to all Best Management Practices (BMPs).
18. All lighting shall be designed to reflect downward and avoid any impacts on adjacent
homes or property.
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Engineering:
2 General
3
19. Prior to hauling dirt or construction materials to or from any proposed construction site
4 within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
5 20. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other
recorded document, for maintaining the private easements within the subdivision and all
7 the private improvements: streets, sidewalks, street, lights, and storm drain facilities
located therein and to distribute the costs of such maintenance in an equitable manner
among the owners of the properties within the subdivision.
9 .21. There shall be one Final Map recorded for this project.
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Fees/Agreements
11
17 22. Developer shall cause property owner to execute and submit to the City Engineer for
recordation, the City's standard form Geologic Failure Hold Harmless Agreement.
13
23. Developer shall cause property owner to execute and submit to the City Engineer for
14 recordation the City's standard form Drainage Hold Harmless Agreement regarding
drainage across the adjacent property.
i/- 24. Developer shall cause Owner to give written consent to the City Engineer to the
annexation of the area shown within the boundaries of the subdivision into the existing
17 City of Carlsbad Street Lighting and Landscaping District No. 1 and/or to the formation
or annexation into an additional Street Lighting and Landscaping District. Said written
18 • consent shall be on a form provided by the City Engineer.
19 n A-Grading
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25. Developer shall comply with the City's requirements of the National Pollutant Discharge
21 Elimination System (NPDES)'permit and the City's SUSMP. Developer shall provide
improvements constructed pursuant to best management practices as referenced in the
"California Storm Water Best Management Practices Handbook" to reduce surface
23 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.
24 Said plans shall include but not be limited to notifying prospective owners and tenants of
the following:
25
, A. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
27 hazardous waste products.
28 B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
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fluids shall not be discharged into any street, public or private, or into storm drain
2 or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
3 Federal, State, County and City requirements as prescribed in their respective
containers.
4
- C. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
6
26. Developer shall submit for City approval a "Storm Water Management Plan (SWMP)."
7 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, or any subsequent Orders, and City
p 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-
10 construction stage of the project. At a minimum, the SWMP shall:
11 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.
13 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
14 maximum extent practicable before discharging offsite;
d. Establish specific procedures for handling spills and routine cleanup and include
them within the CC&Rs. Special considerations and effort shall be applied to
16 employee education on the proper procedures for handling cleanup and disposal of
pollutants.
17 e. Ensure long-term maintenance of all post-construction BMPs in perpetuity.
f. Identify how post-construction runoff rates and velocities from the site will not
1 ° exceed the pre-construction runoff rates and velocities to the maximum extent
, Q practicable.
20 Dedications/Improvements
21 i 27. Additional drainage easements may be required. Developer shall dedicate and provide or
Install drainage structures, as may be required by the City Engineer, prior to or concurrent
with any grading or building permit.
23
Final Map Notes
24
28. Add the following notes to the final map as non-mapping data:
^—*/
~s A. The owner of this property on behalf of itself and all of its successors in interest
has agreed to hold harmless and indemnify the City of Carlsbad from any action
27 that may arise through any geological failure, ground water seepage or land
subsidence and subsequent damage that may occur on, or adjacent to, this.
28 subdivision due to its construction, operation or maintenance.
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B. The owner of this property on behalf of itself and all of its successors in interest
2 has agreed to hold harmless and indemnify the City of Carlsbad from any action
that may arise through any diversion of waters, the alteration of the normal flow
3 of surface waters or drainage, or the concentration of surface waters or drainage
from the drainage system or other improvements identified in the City approved
4 development plans; or by the design, construction or maintenance of the drainage
- system or other improvements identified in the City approved development plans.
6 Utilities
7 29. Developer shall comply with the requirements of the City's proposed Development
Services Directive No. 2 regarding separate water service requirements for each
proposed condominium unit.
9
Fire;
10
30. The applicant shall prepare and provide for Fire Department approval a "Maintenance
Agreement" that provides for the maintenance and repair of the fire sprinkler system and
, 2 its appurtenances.
13 Code Reminders
14 The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
16 31. The tentative map shall expire twenty-four (24) months from the date this tentative map
approval becomes final.
17
32. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on
the Tentative Map are for planning purposes only. Developer shall pay traffic impact and
in sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad
Municipal Code, respectively.
20
33. Approval of this request shall not excuse compliance with all applicable sections of the
21 Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
23 34. The project shall comply with the latest nonresidential disabled access requirements
pursuant to Title 24 of the State Building Code.
24
35. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
25 Code Section 18.04.320.
^ fi 36. Any signs proposed for this development shall at a minimum be designed in conformance
27 with the City's Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
28
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37. Developer shall give all notices of the condominium conversion to all tenants as required
2 by the Subdivision Map Act and the Carlsbad Municipal Code.
3 NOTICE
4 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
5 reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
6
You have 90 days from date of approval to protest imposition of these fees/exactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section
g 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
9 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.10
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,
12 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.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 7th day of March 2007, by the
following vote, to wit:
AYES: Chairperson Baker, Commissioners Cardosa, Dominguez, Douglas,
Montgomery, and Segall
NOES: None
ABSENT: Commissioner Whitton
ABSTAIN: None
Jl/JLIE BXKER, Chairperson
CARLSBAD PLANNING COMMISSION
EST:
•/A
DON NEU
Planning Director
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