HomeMy WebLinkAbout2007-08-15; Planning Commission; Resolution 63281 PLANNING COMMISSION RESOLUTION NO. 6328
2
A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO DEVELOP AN 18,633
4 SQUARE FOOT BOY'S AND GIRL'S CLUB ON PROPERTY
5 GENERALLY LOCATED NORTH OF PARADISE ROAD,
WEST OF BRESSI RANCH WAY, AND EAST OF THE BRESSI
6 RANCH VILLAGE SQUARE, IN PLANNING AREA 15 OF
THE BRESSI RANCH MASTER PLAN AND IN LOCAL
7 FACILITIES MANAGEMENT ZONE 17.
CASE NAME: BOY'S AND GIRL'S CLUB
8 CASE NO.: CUP 06-08
9 WHEREAS, Boy's and Girl's Club, "Developer," has filed a verified application
10
with the City of Carlsbad regarding property owned by Bressi Gardenlane, LLC, "Owner,"
j2 described as
13 Lot 4 of Carlsbad Tract CT 03-03 in the City of Carlsbad, County
of San Diego, State of California, according to map thereof no.
14 14800 on file in the Office of the County Recorder of San Diego on
May 29, 2003 of officials records
16 ("the Property"); and
17 WHEREAS, said verified application constitutes a request for a Conditional Use
18 Permit as shown on Exhibits "A" - "M" dated August 15, 2007, on file in the Planning
19 Department, BOY'S AND GIRL'S CLUB - CUP 06-08, as provided by Chapter 21.42 and/or
20
21.50 of the Carlsbad Municipal Code; and
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„„ WHEREAS, the Planning Commission did, on the 15th day of August, 2007,
23 hold a duly noticed public hearing as prescribed by law to consider said request; and
24 WHEREAS, at said public hearing, upon hearing and considering all
25 testimony and arguments, if any, of all persons desiring to be heard, said Commission
26 considered all factors relating to the CUP.
27
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
28
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
2
B) That based on the evidence presented at the public hearing, the Commission
3 APPROVES BOY'S AND GIRL'S CLUB - CUP 06-08, based on the following
findings and subject to the following conditions:4
Findings;
6 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
7 is not detrimental to existing uses specifically permitted in the zone in which the
proposed use is located, in that the CF Land Use designation allows facilities for child
care providers, places of worship, senior citizens, charities, and a range of other
9 community-servicing activities that are not considered the traditional residential,
industrial, or commercial type land use. The General Plan recognizes these types of
10 land uses as being important, and a traditional member of any vital and fully
functioning community. The Boy's and Girl's Club use is a recognized Community
Facilities (CF) Zone use, which is essential to the children of Bressi Ranch and the
surrounding communities. The design and layout of the facility is integrated
harmoniously with the community and will not be detrimental to any of the existing
13 land uses.
14 2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that all of the required development standards of the underlying zone and the Bressi
Ranch Master Plan have been met including onsite parking, height limits and
15 setbacks.
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 in accordance with all
development standards of the C-F Zone and the C-L Zone, as required for Planning
Area 15 of the Bressi Ranch Master Plan. Landscaping is provided in accordance
20 with the City of Carlsbad Landscape Manual. A total of 32 parking spaces are
provided in accordance with the most comparable use (C.M.C Section 21.44.030)
and supported by a parking survey. A vehicle loading and unloading zone is
provided near the main entrance of the building to accommodate the loading and
unloading of children in a safe environment. A 10 foot wide paseo and sidewalk
23 connect with the neighborhood sidewalk system to encourage pedestrian travel and
activity; and bicycle parking is provided on-site to encourage alternative
24 transportation options.
25 4. That the street system serving the proposed use is adequate to properly handle all traffic
25 generated by the proposed use, in that the proposed Boy's and Girl's Club use will not
cause a substantial increase in ADT for the site as a whole (400 ADT) and will not
27 adversely affect the surrounding street system serving the project site which is
capable of handling the traffic generated by the project.
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5. That it is to be developed as part of a commercial facility that is an integral part of a
2 planned community development, in that the CF Land Use designation allows facilities
for child care providers, places of worship, senior citizens, charities, and a range of
3 other community-servicing activities that are not considered the traditional
residential, industrial, or commercial type land use. The General Plan recognizes
these types of land uses as being important, and a traditional member of any vital
r and fully functioning community. Because the organizations that typically pursue
these activities are often non-profits or quasi-for-profits, their financial resources
6 are often limited. The land within large-scale developments, which is generally
being planned and marketed for upscale homes, shopping centers, and industrial
7 campuses, is very often unaffordable to these types of organizations, and thus makes
it unlikely for these types of facilities to be easily incorporated into the community.
Therefore, the purpose of the CF Land Use designation is to assure that some land
9 within communities, especially new master plan and specific plan areas, are
identified and set aside solely for these types of land uses. The Bressi Ranch Master
10 Plan has set aside this parcel of land for this specific type of activity. The project
meets the criteria for a community facilities type use, in that a Boy's and Girl's Club
is a non-profit business aimed at providing community-servicing activities.
12 6. The Planning Director has determined that:
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a. the project is a subsequent activity of the Bressi Ranch Master Plan (MP 178), a
14 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
program approved earlier, and that the program EIR adequately describes the
j 5 activity for the purposes of CEQA); [15168(c)(2) and (e)]; and/or
b. this project is consistent with the Master Plan cited above; and
c. the Bressi Ranch Master Plan EIR 98-04 was certified on July 9, 2002, in
18 connection with the prior project or plan; and
19 d. the project has no new significant environmental effect not analyzed as significant
in the prior EIR; and
20
e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR
21 under CEQA Guidelines Sections 15162 or 15163 exist; and
22 f. The Planning Commission finds that all feasible mitigation measures or project
alternatives identified in the Bressi Ranch Master Plan EIR 98-04, which are
23 appropriate to this Subsequent Project, have been completed, incorporated into
the project design or are required as conditions of approval for this Subsequent
24 Project.
25 7. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
26 Facilities Management Plan for Zone 17 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
27 provide funding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
PC RESO NO. 6328 -3-
project will be installed to serve new development prior to or concurrent with need.
2 Specifically,
3 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.
4
s- b Non-Residential park fees are required by the Zone 17 Local Facilities
Management Plan, and will be collected prior to issuance of building permit.
6
c The Public Facility fee is required to be paid by Council Policy No. 17 and will be
7 collected prior to the issuance of building permit.
g
8. That all necessary public facilities required by the Growth Management Ordinance will
9 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
10 is being proposed and will be implemented consistent with the requirements of the
Bressi Ranch Master Plan and Zone 17 Local Facilities Management Plan.11
12 9. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
13
10. The Planning Commission has reviewed each of the exactions imposed on the Developer
14 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.
16 Conditions:
17
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
1 8 grading permit or building permit, whichever occurs first.
19 1. If any of the following conditions fail to occur, or if they are, by their terms, to be
20 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
21 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
issued under the authority of approvals herein granted; record a notice of violation on the
23 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
24 or a successor in interest by the City's approval of this Conditional Use Permit.
25 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
«fi 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
27 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
2 regulations in effect at the time of building permit issuance.
3 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 invalid
unless the City Council determines that the project without the condition complies with
6 all requirements of law.
5. 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
9 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,
10 (b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
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
13 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
14
6. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar
copy of the Site Plan and Grading Plans reflecting the conditions approved by the final
decision-making body.
17 7. Developer shall include, as part of the plans submitted for any permit plancheck, a
reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
format (including any applicable Coastal Commission approvals).
19 8. Prior to the issuance of a building permit, the Developer shall provide proof to the
20 Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
21
~~ 9. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 17 Local Facilities Management Plan and any amendments made to
23 that Plan prior to the issuance of building permits, including, but not limited to the
following:
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a. A growth management park fee of 40 cents per square foot of non-residential
development will be collected at the time of building permit issuance.
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10. 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
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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11. CUP 06-08 shall be reviewed by the Planning Director annually to determine if all
2 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, safety and general welfare.
3 If the Planning Director determines that: 1) the Conditional Use Permit was obtained by
fraud or misrepresentation; or 2) the use for which such approval was granted is not being
exercised; or 3) the Conditional Use Permit is being or recently has been exercised
r contrary to any of the terms or conditions of approval or the conditions of approval have
not been met; or 4) the use for which such approval was granted has ceased to exist or has
6 been suspended for one year or more; or 5) the use is in violation of any statute,
ordinance, law or regulation; or 6) the use permitted by the Conditional Use Permit is
7 being or has been so exercised as to be detrimental to the public health, safety or welfare
or so as to constitute a nuisance, the Planning Director shall recommend that the Planning
Commission hold a public hearing and after providing the permittee the opportunity to be
9 heard, the Planning Commission may revoke and terminate the Conditional Use Permit in
whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose
10 new conditions.
1 12. Prior to the issuance of a grading permit or building permit, whichever occurs first,
Developer shall submit to the City a Notice of Restriction executed by the owner of the
real property to be developed. Said notice is to be filed in the office of the County
13 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 Conditional Use
Permit by Resolution No. 6328 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
15 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
17 good cause by the Developer or successor in interest.
18 13. Developer shall submit and obtain Planning Director approval of a Final Landscape and
i n Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City's Landscape Manual. Developer shall construct and install all landscaping as
20 shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
condition, free from weeds, trash, and debris.
21
~~ 14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plancheck process on file in the Planning Department and accompanied by the
23 project's building, improvement, and grading plans.
24 15. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
26 Directors of Community Development and Planning.
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16. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high
2 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
3 Director. Enclosure shall be of similar colors and/or materials to the project to the
satisfaction of the Planning Director.4
5 17. 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
6 the Planning Director of an Outdoor Storage Plan, and thereafter comply with the
approved plan.
7
18. 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 adjacent homes or property.
10 19. All Sport League Activity games shall be separated by a transition period of not less
than one half hour to avoid overlap parking conditions in the parking lot.
1 ~ 20. Compact parking spaces shall be located in large groups, and in locations clearly marked
to the satisfaction of the Planning Director.
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21. Developer shall construct, install, and stripe not less than 32 parking spaces, as shown on
14 Exhibit "D".
22. Approval of CUP 06-08 is contingent upon City Council approval of SDP 06-17
16 (Bressi Ranch Village Center) as recommended by the Planning Commission on
June 20, 2007 per Resolution No. 6313. Any modifications resulting from City
17 Council approval of SDP 06-17 affecting the site plan for the Boy's and Girl's Club
shall cause CUP 06-08 to be returned to Planning Commission for final approval.
19 Engineering:
20 General
21 23. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
23
24. Prior to the approval of grading or building permit, whichever occurs first,
24 Developer shall receive approval of a Lot Line adjustment as shown on the site plan
for this project.25 V J
26 25. This project proposes access across 2 separate portions of the adjacent development
to operate and serve this use. Developer shall provide to the City Engineer, an
27 acceptable means, CC&Rs or other recorded document, for access and maintenance
of the private easements within the project and the adjacent development. These
28 improvements include but are not limited to: driveways, sidewalks, street lights,
PC RESO NO. 6328 -7-
landscaping and irrigation, storm drain and water quality treatment facilities
2 located therein.
3 Fees/Agreements
26. Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit to the city a Drainage Basin Maintenance Agreement that
covers all onsite and offsite(private) storm water filtration devices (BMPs) identified
6 in the SWPP/SWMP for this project. The, form and content of the Maintenance
Agreement shall be approved by the City of Carlsbad.
7
27. Prior to the issuance of a grading permit or building permit, whichever occurs first,
the developer shall execute (record) a reciprocal access and drainage easement with
9 lot 5 (PA 15) to accommodate the design of this project.
10 28. 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.
13 Grading
14 29. 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.
16
30. Based upon a review of the proposed grading and the grading quantities shown on the
17 Tentative Map, a grading permit for this project is required. Developer shall apply for and
obtain a grading permit from the City Engineer.18
j Q Dedications/Improvements
20 31. 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
21 with any grading or building permit.
22 32. Developer shall execute and record a City standard Development Improvement
23 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
24 limited to paving, base, signing & striping, sidewalks, curbs and gutters, grading, clearing
and grubbing, relocation of facilities, sewer, water, fire hydrants, street lights, water
quality treatment facilities and reclaimed water, to City Standards to the satisfaction of
the City Engineer. The improvements are:
27 a) Re-construction of Paradise Road (closure of existing access) including but
not limited to removal of concrete cross gutter, curb gutter & sidewalk
ramps, and reconstruction of AC Pavement, curb, gutter, and sidewalk,
landscaping and irrigation, sewer services water, recycled water, storm
PC RESO NO. 6328 -8-
drain, water quality treatment facilities, and access as shown on the Site
2 Plan.
3 b) Frontage improvements along Paradise Road if missing or damaged during
construction of the project.
4
- c) On-site improvements required to serve this project including but not limited
to Paved AC access, water mains, fire hydrants, backflow preventers and
6 check valves, drainage facilities and water quality treatment facilities.
7 The improvements listed above shall be constructed within 18 months of approval of the
development improvement agreement or such other time as provided in said agreement.8
9 33. 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
10 (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
* 1 Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce
, 2 to the maximum extent practicable storm water pollutant runoff during construction of
the project. At a minimum, the SWPPP shall:
13
a) Include all content as established by the California Regional Water Quality
14 Control Board requirements;
b) Include the receipt of "Notice of Intent" issued by the California Regional Water
16 Quality Control Board;
17 c) Recommend source control and treatment control Best Management Practices
(BMPs) that will be implemented with this project to avoid contact or filter said
* ° pollutants from storm water to the maximum extent practicable before discharging
, Q to City right-of-way or natural drainage course; and
20 d) Establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to employee education on the proper
21 procedures for handling clean up and disposal of pollutants.
22 34. Prior to the issuance of grading permit or building permit, whichever occurs first,
23 Developer shall submit for City approval a "Storm Water Management Plan (SWMP)".
The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
24 Storm water 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
5 Code. The SWMP shall address measures to avoid contact or filter said pollutants from
26 storm water, to the maximum extent practicable, for the post-construction stage of the
project. At a minimum, the SWMP shall:
27
a) Identify existing and post-development on-site pollutants-of-concern;
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b) Identify the hydrologic unit this project contributes to and impaired water bodies
2 that could be impacted by this project;
3 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
6 considerations and effort shall be applied to resident education on the proper
procedures for handling clean up and disposal of pollutants;
7
8 e) Ensure long-term maintenance of all post construct BMPs in perpetuity; and
9 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
10 practicable.
11 Water
12 35. 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
14 considered public improvements and shall be served by public water mains to the
satisfaction of the District Engineer.
15
36. The Developer shall design and construct public facilities within public right-of-way or
within minimum 20 foot wide easements granted to the District or the City of Carlsbad.
17 At the discretion of the District Engineer, wider easements may be required for adequate
maintenance, access and/or joint utility purposes.
18
37. 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
20 Authority capacity charge(s) prior to issuance of Building Permits.
21 38. The Developer shall install potable water and recycled water services and meters at a
location approved by the District Engineer. The locations of said services shall be
reflected on public improvement plans.
23 39. The Developer shall install sewer laterals and clean-outs at a location approved by the
24 District Engineer. The locations of sewer laterals shall be reflected on public
improvement plans.
25
40. The Developer shall design and construct public water, sewer, and recycled water
facilities substantially as shown on the Site Development Plan to the satisfaction of the
27 District Engineer. Proposed public facilities shall be reflected on public improvement
plans.
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41. This project is approved upon the express condition that building permits will not be
2 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
3 occupancy.
42. Prior to issuance of building permits, the entire potable water, recycled water, and sewer
c 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.
6
Code Reminder
7
43. The project is subject to all applicable provisions of local ordinances, including but not
limited to the following:
9
Developer shall exercise special care during the construction phase of this project to
10 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.
12 44. Developer shall pay a landscape plancheck and inspection fee as required by Section
13 20.08.050 of the Carlsbad Municipal Code.
14 45. The project shall comply with the latest nonresidential disabled access requirements
pursuant to Title 24 of the State Building Code.
46. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
17
47. Any signs proposed for this development shall at a minimum be designed in conformance
with the City's Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
20 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
21 permit issuance, except as otherwise specifically provided herein.
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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 15th day of August 2007 by the
following vote, to wit:
AYES:
NOES:
Chairperson Baker, Commissioners Boddy, Cardosa, Douglas,
Montgomery, and Whitton
ABSENT: Commissioner Dominguez
ABSTAIN:
JULIE
CARLSB
ATTEST:
NNING COMMISSION
D6NNE
Planning Director
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