HomeMy WebLinkAbout2008-04-16; Planning Commission; Resolution 64161 PLANNING COMMISSION RESOLUTION NO. 6416
2
3 A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
4 CONDITIONAL USE PERMIT AMENDMENT TO ALLOW
5 FOR A DECELERATION LANE AND A SECOND
6 DRIVEWAY ACCESS FOR INGRESS ONLY INTO THE
ARMSTRONG GARDEN CENTER/FLOWER FIELDS
7 PROPERTY FROM PALOMAR AIRPORT ROAD ON
8 PROPERTY GENERALLY LOCATED NORTHEAST OF
PALOMAR AIRPORT ROAD AND PASEO DEL NORTE IN
THE MELLO II SEGMENT OF THE LOCAL COASTAL
10 PROGRAM AND IN LOCAL FACILITIES MANAGEMENT
11 ZONE 13.
CASE NAME: PALOMAR AIRPORT ROAD DRIVEWAY
CASE NO.: CUP 98-20(6)
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14 WHEREAS, CB Ranch Enterprises, A California Corporation,
"Owner/Developer," has filed a verified application with the City of Carlsbad regarding property
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described as
18 Lot 1 of Carlsbad Tract No. 94-09, Carlsbad Ranch Unit 1 per
19 Map No. 13357, Filed September 11, 1996, in the Office of the
2Q County Recorder, as File No. 1997-147754, in the City of
Carlsbad, County of San Diego, State of California
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22 ("the Property"); and
23 WHEREAS, said verified application constitutes a request for a Conditional Use
24
25 Permit Amendment as shown on Exhibit(s) "A" - "F" dated April 16, 2008, on file in the
26 Planning Department, PALOMAR AIRPORT ROAD DRIVEWAY - CUP 98-20(B), as
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provided by Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on April 16, 2008, hold a duly
noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the CUP amendment.
1 WHEREAS, on October 20,1999, the Planning Commission approved CUP 98-
2
3 20, as described and conditioned in Planning Commission Resolution No. 4644.
4 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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/- 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 Commission
APPROVES PALOMAR AIRPORT ROAD DRIVEWAY - CUP 98-20(B)
10 based on the following findings and subject to the following conditions:
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Findings:
13 1. That the requested use, to modify the approved site plan for the Armstrong Garden
j4 Center/Flower Fields to accommodate a deceleration lane and a second driveway
access for ingress only from Palomar Airport Road, is necessary or desirable for the
development of the community, and is in harmony with the various elements and
16 objectives of the general plan, including, if applicable, the certified local coastal program,
17 specific plan or master plan, in that the proposed project provides circulation relief to
the existing uses, and supports General Plan Open Space and Conservations
Element Goals, Policies and Objectives promoting agriculture by making it easier
19 for visitors to access and enjoy the Flower Fields and Armstrong Garden Center,
which in turn ensures the success and viability of those operations.
21 2. That the requested use, to modify the approved site plan for the Armstrong Garden
22 Center/Flower Fields to accommodate a deceleration lane and a second driveway
access for ingress only from Palomar Airport Road, is not detrimental to the existing
uses (Armstrong Garden Center and Flower Fields) or to uses specifically permitted
24 in the zone in which the proposed use is to be located in that, the project provides
25 circulation relief to the existing uses, which in turn ensures the success and viability
of those operations.
27 3. That the site for the proposed conditional use is adequate in size and shape to
accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas,
landscaping and other development features prescribed in this code and required by the
planning director, planning commission or city council, in order to integrate the use with
other uses in the neighborhood, in that the development of the proposed project
complies with all City standards, and all frontage improvements will be richly
landscaped in accordance with the City of Carlsbad Landscape Manual.
4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the proposed project is providing additional
access to the site for circulation relief and will not be increasing ADT.
5. The Planning Director has determined that:
PCRESONO. 6416 -2-
the project is a(n) subsequent activity of the Carlsbad Ranch Specific Plan (SP
2 207(A)) for which a program EIR was prepared, and a notice for the activity has
3 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
4 activity for the purposes of CEQA); [15168(c)(2) and (e)]; and
5 b. this project is consistent with the Carlsbad Ranch Specific Plan cited above; and
6 c. the Carlsbad Ranch Specific Plan EIR 94-01 was certified by the City Council
' on January 9, 1996 in connection with the prior plan; and
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d. the project has no new significant environmental effect not analyzed as significant
in the prior EIR; and
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\l e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR
under CEQA Guidelines Sections 15162 or 15163 exist; and
13 f. all feasible mitigation measures or project alternatives identified in the Carlsbad
14 Ranch Specific Plan EIR 94-01, which are appropriate to this Subsequent
Project, have been incorporated into this Subsequent Project.
16 6. The Planning Commission has reviewed each of the exactions imposed on the Developer
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
1 ° degree of the exaction is in rough proportionality to the impact caused by the project.
19
~~. Conditions:
21 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
22 grading permit or building permit, whichever occurs first.
23 1. If any of the following conditions fail to occur, or if they are, by their terms, to be
24 implemented and maintained over time, if any of such conditions fail to be so
25 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
27 issued under the authority of approvals herein granted; record a notice of violation on the
2g 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 Conditional Use Permit
Amendment.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Conditional Use Permit Amendment documents, as necessary
to make them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.
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.
PCRESONO. 6416 -3-
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
3 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
5 with 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
8 representatives, from and against any and all liabilities, losses, damages, demands, claims
„ and costs, including court costs and attorney's fees incurred by the City arising, directly
or indirectly, from (a) City's approval and issuance of this Conditional Use Permit
10 Amendment, (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
13 facility of electromagnetic fields or other energy waves or emissions. This obligation
14 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.15 FF
16 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.
7. Developer shall include, as part of the plans submitted for any permit plancheck, a
19 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
format (including any applicable Coastal Commission approvals).
21 8. Prior to the issuance of a building permit, the Developer shall provide proof to the
22 Director from the School District that this project has satisfied its obligation to provide
school facilities.
24 9. This project shall comply with all conditions and mitigation measures which are required
25 as part of the Zone 13 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.26
27 10. This approval is granted subject to the approval of SP 207(G), LCPA 07-07, CDP 98-
91(A) and is subject to all conditions contained in Planning Commission Resolutions No.
6414, 6415, and 6417 for those other approvals incorporated herein by reference.
11. This approval shall become null and void if grading permits are not issued for this
project within two (2) years from the date of project approval.
12. Grading permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
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.
PCRESONO. 6416 -4-
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
3 the City's Landscape Manual. Developer shall construct and install all landscaping as
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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r 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
project's building, improvement, and grading plans.
15. In addition to Red Fescue sod, the bio-swales shall include a container planting
consisting of a bog-tolerant species spaced to provide full coverage of the bio-swale
10 bottom at maturity to the satisfaction of the Planning Director.
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16. CUP 98-20(B) shall be reviewed by the Planning Director annually to determine if all
conditions of this permit have been met and that the use does not have a substantial
13 negative effect on surrounding properties or the public health, safety and general welfare.
14 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
16 contrary to any of the terms or conditions of approval or the conditions of approval have
i 7 not been met; or 4) the use for which such approval was granted has ceased to exist or has
been suspended for one year or more; or 5) the use is in violation of any statute,
1" ordinance, law or regulation; or 6) the use permitted by the Conditional Use Permit is
19 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
21 heard, the Planning Commission may revoke and terminate the Conditional Use Permit in
22 whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose
new conditions.
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24 17. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
25 #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
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
27 Local Facilities Management Plan fee for Zone 13, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
18. Prior to the issuance of the grading permit, 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 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(n) Conditional Use Permit Amendment and Coastal
Development Permit Amendment by Resolution(s) No. 6416 and 6417 on the
property. Said Notice of Restriction shall note the property description, location of the
file containing complete project details and all conditions of approval as well as any
conditions or restrictions specified for inclusion in the Notice of Restriction. The
Planning Director has the authority to execute and record an amendment to the notice
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which modifies or terminates said notice upon a showing of good cause by the Developer
2 or successor in interest.
3 ..Engineering4
5 General
6 19. 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
8 for the proposed haul route.
9 20. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to
10 encroach within the area identified as a sight distance corridor as defined by City of
1 Carlsbad Engineering Standards.
12 Fees/Agreements
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14 21. Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City's standard form Drainage Hold Harmless Agreement.
16 Grading
17 22. Based upon a review of the proposed grading and the grading quantities shown on the site
1° plan, a grading permit for this project is required. Developer shall apply for and obtain a
19 grading permit from the City Engineer.
20 „23. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer
21 receipt of a Notice of Intention from the State Water Resources Control Board.
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Dedications/Improvements
24 24. Developer shall cause Owner to make an irrevocable offer of dedication to the City
25 and/or other appropriate entities for the proposed widening of Palomar Airport Road and
the necessary easements to accommodate the proposed traffic signal on Paseo Del Norte
as shown on the site plan. The offer shall be made by a separate recorded document. All
27 easements so offered shall be free and clear of all liens and encumbrances and without
90 cost to the City. Streets that are already public are not required to be rededicated.
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
with any grading or building permit.
26. 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 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:
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a. Re-construction of Palomar Airport Road to provide for the proposed
2 deceleration lane including but not limited to removal of curb gutter &
3 sidewalk, landscaping and irrigation, and reconstruction of AC
pavement, curb, gutter, and sidewalk, access ramps landscaping and
irrigation. Traffic control, signage and advance detectors may be
5 required as determined in final design of this improvement.
6 b. Frontage improvements along Palomar Airport Road if missing or
' damaged during construction of the project.
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c. On-site improvements required to serve this project including but not
limited to erosion control, drainage facilities and privately owned and
10 maintained water quality treatment improvements.
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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.
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14 27. Developer shall execute a Traffic Signal Development Improvement Agreement to
design and install and post appropriate security as provided by law, a traffic signal
constructed to the satisfaction of the City Engineer. The improvements consist of:
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a. Design and construct a new fully-actuated traffic signal including all
appurtenances according to city requirements for the entryway of the
1° project at the intersection of Flower Field Driveway and Paseo Del Norte.
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2Q b. The cabinet will include a system master controller and necessary
communications devices needed to coordinate the traffic controller at this
21 intersection with existing traffic controllers located on Paseo Del Norte
22 and Palomar Airport Road.
23 c. To facilitate traffic signal coordination, the proposed signal at Flower
24 Field Driveway and Paseo Del Norte shall have adequate communication
25 connectivity with adjacent signals along Paseo Del Norte and Palomar
Airport Road. Specifically, communications devices shall connect all of
the traffic signal controllers located along Paseo Del Norte from the
27 Carlsbad Premium Outlets/Holiday Inn driveway to the intersection of
90 Palomar Airport Road and Paseo Del Norte. Developer acknowledges the
necessity of the proposed communications links to serve this project and
Developer will bear all costs associated with the design, construction and
installation of equipment. If used, traffic signal interconnect conduit shall
consist of a three-inch conduit on one side of Paseo Del Norte along with
72 SM fiber, appropriate splice boxes, and modems in traffic cabinets
needed to communicate with the system master controller. If wireless
technologies are used, all communications devices shall be approved for
use by the City Engineer before being included in the design.
d. The developer shall develop traffic signal timing plans for Palomar
Airport Road and Paseo Del Norte. An accurately scaled SYNCHRO
model will be developed to ensure that timing plans along Paseo Del
PCRESONO. 6416 -7-
Norte will not significantly impact vehicle progression on Palomar
2 Airport Road.
3 Developer shall post security for the design and construction of said
improvements. The traffic signal shall be installed only when written
5 approval is received by the City Engineer. The Agreement shall be kept
in force and security kept valid for a period of 5-years after the
completion of improvements to Palomar Airport Road Driveway.
8 28. Developer shall preliminarily design, and obtain approval from the City Engineer, 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
10 than 500. Prior to completion of grading, the final structural pavement design of the aisle
1 ways shall be submitted together with required R-value soil test information subject to
the review and approval of the City Engineer.
13 29. Developer shall comply with the City's requirements of the National Pollutant Discharge
14 Elimination System (NPDES) permit and the City's Standard Urban Storm Water
Mitigation Plan (SUSMP). Developer shall provide improvements constructed pursuant to
best management practices as referenced in the "California Storm Water Best
16 Management Practices Handbook" to reduce surface 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 the following:
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~~. a. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
21 hazardous waste products.
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b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
24 fluids shall not be discharged into any street, public or private, or into storm
25 drain 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
27 prescribed in their respective containers.
28 c. Best Management Practices shall be used to eliminate or reduce surface
pollutants when planning any changes to the landscaping and surface
improvements.
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
(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.
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31. Prior to the issuance of grading permit or building permit, whichever occurs first,
2 Developer shall submit for City approval a "Storm Water Management Plan (SWMP)."
3 The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
Storm water Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego
Region of the California Regional Water Quality Control Board and City of Carlsbad
5 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:
8 a. Identify existing and post-development on-site pollutants-of-concern.
9 b. Identify the hydrologic unit this project contributes to and impaired water
10 bodies that could be impacted by this project.
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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
13 the maximum extent practicable before discharging offsite.
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d. Establish specific procedures for handling spills and routine cleanup. Special
considerations and effort shall be applied to employee education on the proper
16 procedures for handling cleanup and disposal of pollutants.
17 e. Ensure long-term maintenance of all post-construction BMPs in perpetuity.
19 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.
21
22 32. Developer shall cause property owner to process, execute and submit an executed copy to
the City Engineer for recordation a City standard Permanent Storm water Quality Best
Management Practice Maintenance Agreement for the perpetual maintenance of all
24 treatment control, applicable site design and source control, post-construction permanent
25 Best Management Practices prior to the issuance of a grading permit or building permit,
whichever occurs first for this Project.26
27 33. 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.
Code Reminder
34. The project is subject to all applicable provisions of local ordinances, including but not
limited to the following:
a. Developer shall exercise special care during the construction phase of this
project to prevent offsite siltation. Planting and erosion control shall be
provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the
Grading Ordinance) to the satisfaction of the City Engineer.
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35. Developer shall pay a landscape plancheck and inspection fee as required by Section
2 20.08.050 of the Carlsbad Municipal Code.
3 36. 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
5 permit issuance, except as otherwise specifically provided herein.
6 37. The project shall comply with the latest nonresidential disabled access requirements
pursuant to Title 24 of the State Building Code.
8
q 38. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
10
\ i 39. 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.
13
14 NOTICE
15
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
17 "fees/exactions."
i o 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
20 processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
~ 1 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
22
23 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
25 project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
26 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.27 V
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on April 16, 2008 by the
following vote, to wit:
AYES:
NOES:
Commissioners Baker, Cardosa, Dominguez, Montgomery, and
Chairperson Whitton
ABSENT: Commissioner Boddy
ABSTAIN: Commissioner Douglas
FRANK H. WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PCRESONO. 6416 -11-