HomeMy WebLinkAbout2007-06-06; Planning Commission; Resolution 63041 PLANNING COMMISSION RESOLUTION NO. 6304
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
DEVELOPMENT PLAN AMENDMENT SDP 05-18(A) TO
4 INCREASE THE SIZE OF TWO PREVIOUSLY APPROVED
5 MEDICAL OFFICE BUILDINGS FROM 85,000 SQUARE FEET
TO 87,000 SQUARE FEET ON A 7.68 ACRE PARCEL
6 LOCATED ON THE EAST SIDE OF EL CAMINO REAL
BETWEEN TOWN GARDEN LANE AND CAMINO VIDA
7 ROBLE IN LOCAL FACILITIES MANAGEMENT ZONE 10.
CASE NAME: ECR CORPORATE CENTER
8 CASE NO.: SDP 05-18(A)
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WHEREAS, ECR Corporate Center, LP, "Developer/Owner," has filed a
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verified application with the City of Carlsbad regarding property described as
12 Lot 1 of Carlsbad Tract 99-03, in the City of Carlsbad, County
of San Diego, State of California, according to the map thereof
13 no. 14543, filed in the office of the County Recorder
14 ("the Property"); and
WHEREAS, said verified application constitutes a request for a Site Development
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Plan Amendment as shown on Exhibits "A" - "K" dated June 6, 2007, on file in the Planning
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Department, ECR CORPORATE CENTER - SDP 05-18(A) as provided by Chapter18
19 21.06/Section 21.53.120 of the Carlsbad Municipal Code; and
20 WHEREAS, the Planning Commission did, on the 6th day of June, 2007 , hold a
21 duly noticed public hearing as prescribed by law to consider said request; and
22 WHEREAS, at said public hearing, upon hearing and considering all testimony
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and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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relating to the Site Development Plan Amendment; and
26 WHEREAS, on July 19,2006, the Planning Commission approved, SDP 05-18,
27 as described and conditioned in Planning Commission Resolution No. 6128.
28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Planning
3 Commission APPROVES ECR CORPORATE CENTER - SDP 05-18(A)
based on the following findings and subject to the following conditions:
5 Findings;
6 1. That the requested use is properly related to the site, surroundings and environmental
settings, is consistent with the various elements and objectives of the General Plan, will
7 not be detrimental to existing uses or to uses specifically permitted in the area in which
the proposed use is to be located, and will not adversely impact the site, surroundings or
traffic circulation, in that the proposed office uses are appropriate in the Office Land
9 Use and Master Plan Office Zoning designations, that the proposed development
meets the minimum development standards for the Office Zone and that adequate
10 separation of uses would ensure compatibility with the adjacent Industrial,
Community Facility and Open Space land uses. The proposed project maintains
11 adequate buffers from native habitat areas and is consistent with the adopted
. Habitat Conservation Plan for the Villages of La Costa Master Plan.
I., 2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that the project complies with all City policies and standards without the need for a
14 variance from development standards.
15 3. That all 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 provides the required setbacks and
17 incorporates landscaping consistent witb the City of Carlsbad Landscape Manual.
1 g 4. That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that El Camino Real, a prime arterial roadway, has
19 adequate capacity to handle the 5,211 ADT generated by the project. The project's
access is through the signalized intersection at El Camino Real and Town Garden
Lane and direct access off El Camino Real.
21 5. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
22 Code Section 14.28.020 and Landscape Manual Section I B).
23 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
24 record a notice concerning aircraft noise and the applicant shall record an avigation
2~ easement. 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
26 compatible with the airport, in that the proposed office building is outside the 60 db
CNEL noise contour; is outside the Runway Protection Zone; and has been
27 determined to be consistent, as conditioned, with the McClellan-Palomar Airport
CLUP by the San Diego County Regional Airport Authority on March 6,2006.28
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7. The Planning Director has determined that:
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a. the ECR Corporate Center project is a project for which a Negative
3 Declaration (ECR Corporate Center - SDP 05-18/SUP 05-17) was previously
adopted [151621;4
5 b. this project is consistent with the project cited above;
6 c. a Negative Declaration was adopted by the City Council on December 12,
2006 in connection with the prior project or plan;
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„ d. the project has no new significant environmental effect not analyzed as significant
in the prior Negative Declaration; and
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e. none of the circumstances requiring a Subsequent Negative Declaration under
10 CEQA Guidelines Sections 15162 exist.
' 1 8. 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
13 degree of the exaction is in rough proportionality to the impact caused by the project.
14 Conditions;
^ Note: Unless otherwise specified herein, all conditions shall be satisfied prior to grading permit
, g or building permit, whichever occurs first.
17 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
18 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
20 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
21 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 Site Development Plan
22 Amendment.
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2. Staff is authorized and directed to make, or require the Developer to make, all corrections
24 and modifications to the Site Development Plan Amendment documents, as necessary
to make them internally consistent and in conformity with the final action on the project.
25 Development shall occur substantially as shown on the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.26
27 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
2 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
3 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.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
6 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
7 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 Site Development Plan
Amendment, (b) City's approval or issuance of any permit or action, whether
9 discretionary or nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
10 including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions. This obligation
1 * survives until all legal proceedings have been concluded and continues even if the City's
j2 approval is not validated.
13 6. Developer shall submit to the Planning Director 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
16 obligation to provide school facilities.
17 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
that Plan prior to the issuance of building permits.
19 9. Building permits will not be issued for this project unless the local, agency providing
20 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
21 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.
23 10. Approval is granted for SDP 05-18(A) as shown on Exhibits "A" - "K" dated June 6,
2007, on file in the Planning Department and incorporated herein by reference.
24 Development shall occur substantially as shown unless otherwise noted in these
conditions.
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11. This approval is granted subject to the approval of SUP 05-17(A) and is subject to all
26 conditions contained in Planning Commission Resolution No. 6305 for the other
27 approval.
28 12. This approval shall become null and void if building permits are not issued for this
project within 36 months from the date of project approval.
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13. Developer shall submit and obtain Planning Director approval of a Final Landscape and
2 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City's Landscape Manual. Developer shall construct and install all landscaping as
3 shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
condition, free from weeds, trash, and debris.
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c 14. 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
6 project's building, improvement, and grading plans.
7 15. 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
9 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
10 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.VV
12 16. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
13 substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Planning.
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17. Prior to occupancy, the Developer shall provide all exterior employee eating areas
per the approved plans, including landscaping.
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18. Developer shall submit to the City a Notice of Restriction to be filed in the office of the
17 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 Site
Development Plan, Special Use Permit and Conditional Use Permit by Resolutions
No. 6304, 6305 and 6306 on the property. Said Notice of Restriction shall note the
property description, location of the file containing complete project details and all
20 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.
23 19. 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
24 approval of the Planning Director and City Attorney (see Noise Form #1 on file in the
Planning Department).
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20. Prior to building permit issuance, the developer shall prepare and submit to the
Planning Department an interior acoustical analysis to ensure interior noise levels
27 do not exceed 55 dBA CNEL.
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21. All assembly areas within the proposed project that are located within the Flight
2 Activity Zone, as identified by the McClellan-Palomar Airport CLUP, shall be
limited (as defined by the Uniform Building Code Group A Occupancy) to no more
3 than one hundred (100) persons per assembly area.
22. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot high
- masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal
Code Chapter 21.105. Location of said receptacles shall be approved by the Planning
6 Director. Enclosure shall be of similar colors and/or materials to the project to the
satisfaction of the Planning Director.
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23. 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
9 impacts on residential homes or open space property.
10 Engineering
General
12 24. Prior to hauling dirt or construction materials to or from any proposed construction site
13 within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
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25. 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
the private improvements: streets, sidewalks, street lights, storm drain facilities and storm
water Best Management Practice facilities located therein and to distribute the costs of
17 such maintenance in an equitable manner among the owners of the properties within the
subdivision.
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26. Developer shall install sight distance corridors at all street intersections in accordance
with Engineering Standards. The limits of these sight distance corridors shall be reflected
20 on any improvement, grading, or landscape plan prepared in association with this
development.
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Fees/Agreements
23 27. 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
24 drainage across the adjacent property.
28. Prior to approval of any grading or building permits for this project, Developer shall
cause Owner to give written consent to the City Engineer to the annexation of the area
shown within the boundaries of the site plan into the existing City of Carlsbad Street
27 Lighting and Landscaping District No. 1 and/or to the formation or annexation into an
additional Street Lighting and Landscaping District. Said written consent shall be on a
28 form provided by the City Engineer.
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Grading
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Prior to the issuance of a grading permit or building permit, whichever occurs first,
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.
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 a building permit for
the project.
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
to the maximum extent practicable storm water pollutant runoff during construction of
the project.
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
Code. The SWMP shall address measures to avoid contact or filter said pollutants from
storm water, to the maximum extent practicable, for the post-construction stage of the
project. At a minimum, the SWMP shall:
a. 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.
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 offsite;
d. Establish specific procedures for handling spills and routine cleanup. Special
considerations and effort shall be applied to (RESIDENT/EMPLOYEE) education on
the proper procedures for handling cleanup and disposal of pollutants.
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
exceed the pre-construction runoff rates and velocities to the maximum extent
practicable.
Developer shall cause property owner to process, execute and submit an executed copy to
the City Engineer for recordation a City standard Permanent Stormwater Quality Best
Management Practice Maintenance Agreement for the perpetual maintenance of all
treatment control, applicable site design and source control, post-construction permanent
Best Management Practices prior to the issuance of a grading permit or building permit,
whichever occurs first for this Project.
PCRESONO. 6304 -7-
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Dedications/Improvements
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34. Developer shall cause Owner to execute a covenant of easement for private access as
shown on the Site Plan. The obligation to execute and record the covenant of easement
shall be shown and recording information called out on the Site Plan. Developer shall
provide City Engineer with proof of recordation prior to issuance of building permit.
35. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or
other appropriate entities for all public streets and other easements shown on the Site Plan
The offer shall be made by a separate recorded document. All land so offered shall be
offered free and clear of all liens and encumbrances and without cost. Streets that already
public are not required to be rededicated.
36. Developer shall provide the design of all private streets and drainage systems to the
satisfaction of the City Engineer. The structural section of all private streets shall conform
to City of Carlsbad Standards based on R-value tests. All private streets and drainage
systems shall be inspected by the City. Developer shall pay the standard improvement
plancheck and inspection fees.
37. Developer shall execute and record 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 grading, clearing and grubbing, sewer, water, fire hydrants, street lights, and
reclaimed water, to City Standards to the satisfaction of the City Engineer. The
improvements are:
a) Onsite public water main and fire hydrants
b) Reclaimed water service
Improvements listed above shall be constructed within 18 months of approval of the
subdivision or development improvement agreement or such other time as provided in
said agreement.
38. Prior to grading permit issuance, Developer shall have design, apply for and obtain
approval of the City Engineer, for the structural 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 required R-value soil test information and
approved by the City Engineer as part of the building or grading plan review whichever
occurs first.
Special Conditions
39. 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 impact and
sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad
Municipal Code, respectively.
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Carlsbad Municipal Water District
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40. 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, if proposed, shall be
considered public improvements and shall be served by public water mains to the
5 satisfaction of the District Engineer.
6 41. 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.
7 At the discretion of the District Engineer, wider easements may be required for adequate
_ maintenance, access and/or joint utility purposes,o
42. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities. Developer shall pay the San Diego County Water
Authority capacity chargefs) prior to issuance of Building Permits.
43. 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.
12 44. 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.
13 45. The Developer shall install potable water and recycled water services and meters at a
14 locations approved by the District Engineer. The locations of said services shall be
reflected on public improvement plans.
46. The Developer shall install sewer laterals and clean-outs at a location approved by the
16 District Engineer. The locations of sewer laterals shall be reflected on public
improvement plans.
17 47. The Developer shall design and construct public water, sewer, and recycled water
18 facilities substantially as shown on the Site Plan to the satisfaction of the District
Engineer. Proposed public facilities shall be reflected on public improvement plans.
19 48. The Developer shall provide separate potable water meters for each separately owned
20 unit.
49. Developer shall evaluate in detail the entire potable water, recycled water, and sewer
system to ensure that adequate capacity, pressure, and flow demands can be met to the
22 satisfaction of the District Engineer.
23 50. A fire flow system shall be required for this industrial development and it shall be
constructed as a looped system. The Developer shall complete the looped water system
24 by tying into the existing waterline system on El Camino Real and Metropolitan Street to
the satisfaction of the District Engineer.
25 51. The Developer shall coordinate with the District Engineer regarding the looped system
26 and easements.
27 52. The Developer shall submit a detailed potable water study, prepared by a
Registered Engineer that identifies the peak demands of the project (including fire
28 flow demands). The study shall identify velocity in the main lines, pressure zones
and the required pipe sizes. Said study shall be submitted concurrently with the
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improvement plans for the project and the study shall be prepared to the
satisfaction of the District Engineer.
Code Reminder
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
6 53. 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
7 with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer.
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1 NOTICE
2
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
3 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
6 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.
o
9 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,
10 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
12 expired.
13 PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning
14 Commission of the City of Carlsbad, California, held on the 6th day of June 2007, by the
15 following vote, to wit:
16 AYES: Chairperson Baker, Commissioners Boddy, Cardosa, and
17 Montgomery
18 NOES: Commissioner Whitton
19 ABSENT: Commissioner Dominguez and Douglas
20
JSTAIN:s" ~^.
21
Ou.22
23 JULIE BAXEJJChairperson
24 CARLSBAD PLANNING COMMISSION
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ATTEST:26*
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28 DON NEU
Planning Director
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