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HomeMy WebLinkAbout2008-06-18; Planning Commission; Resolution 64291 PLANNING COMMISSION RESOLUTION NO. 6429 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO CONSTRUCT A 4 TEMPORARY RV STORAGE AREA WITHIN A PORTION OF 5 PLANNING AREA 22 OF THE ROBERTSON RANCH MASTER PLAN ON PROPERTY GENERALLY LOCATED NEAR THE 6 SOUTHEAST CORNER OF THE INTERSECTION OF CANNON ROAD AND FUTURE WIND TRAIL WAY IN LOCAL 7 FACILITIES MANAGEMENT ZONE 14. CASE NAME: ROBERTSON RANCH PA 22 CASE NO.: CUP 07-04 9 WHEREAS, Brookfield Tamarack LLC, "Developer," has filed a verified 10 application with the City of Carlsbad regarding property owned by Calavera Hills II, LLC, "Owner," described as 13 Lot 3 of Carlsbad Tract No. 02-16, in the City of Carlsbad, County of San Diego, State of California, according to Map 14 thereof No. 15608, filed in the Office of the County Recorder of San Diego County, September 18, 2007 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Conditional Use 18 Department, ROBERTSON RANCH PA 22 - CUP 07-04, as provided by Chapter 21.42 and/or 21 Permit as shown on Exhibit(s) "A" - "G" dated June 18, 2008, on file in the Planning 191' 20 n 21.50 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on June 18,2008, hold a duly noticed 23 public hearing as prescribed by law to consider said request; and 24 WHEREAS, at said public hearing, upon hearing and considering all testimony 75 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 26 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 ROBERTSON RANCH PA 22 - CUP 07-04, based on the 1 following findings and subject to the following conditions:4 r Findings: 6 1. That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the general plan, including, 7 if applicable, the certified local coastal program, specific plan or master plan, in that the temporary Recreational Vehicle (RV) storage area will satisfy the RV storage requirement for the East Village of the Robertson Ranch Master Plan and the 9 Planned Development Ordinance which requires 20 square feet of RV storage for each market-rate planned development lot or unit. 10 2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located in that the temporary RV storage 12 area is proposed within a portion of PA 22 which is an Unplanned Area of the Master Plan. PA 22 allows for temporary RV storage subject to approval of a CUP. 13 The temporary RV storage area may require adjustment if an amendment to allow a permanent facility is proposed in the future. All required landscaping and walls to 14 screen the RV storage area are incorporated into the plan. 3. That the site for the proposed conditional use is adequate in size and shape to 16 accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the 17 planning director, planning commission or city council, in order to integrate the use with other uses in the neighborhood, in that the temporary RV storage area is of an adequate size and shape to accommodate the required 8,080 square feet of RV 19 storage area for the East Village of Robertson Ranch. The project has been designed with a 6-foot high solid masonry wall on a 2-foot high berm to provide 20 security and screening for the RV storage area. The site is 9 feet below the street elevation on Cannon Road and will be adequately screened from view by the -1 existing 5-foot high wall and landscaping. New landscaping around the south, east 99 and west sides will ensure that the remainder of the site will be adequately screened from view. 23 4. That the street system serving the proposed use is adequate to properly handle all traffic 24 generated by the proposed use, in that the RV storage area has been designed with a 24-foot wide driveway which is accessed from a 20-foot wide private driveway. The private drive aisles have been designed, and easements will be dedicated, so that the 26 roadway can be widened to private or public street standards (60-foot wide r.o.w.) to accommodate future traffic and development in PA 22. There is adequate 27 capacity on Cannon Road to accommodate the minimal trips associated with the proposed use.28 PC RESO NO. 6429 -2- 5. The Planning Director has determined that: 2 a. the project is a(n) subsequent activity of the Robertson Ranch Master Plan (MP 02-03) for which a program EIR was prepared, and a notice for the activity 3 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 4 activjty for the purposes of CEQA; [15168(c)(2) and (e)]; and 5 b. this project is consistent with the Master Plan cited above; and 6 c. the Robertson Ranch Master Plan Program EIR 03-03 was certified by the City Council on November 14,2006 in connection with the prior plan; and d. the project has no new significant environmental effect not analyzed as significant 9 in the prior EIR; and 10 e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist; and 12 f- all feasible mitigation measures or project alternatives identified in the Robertson Ranch Master Plan Program EIR 03-03, which are appropriate to this 13 Subsequent Project, have been incorporated into this Subsequent Project. 14 6. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan, and the Robertson Ranch Master Plan based on the facts set forth in the staff report dated June 18, 2008 including, but not limited to the following: 17 a. Land Use - The project is consistent with the City's General Plan and the Robertson Ranch Master Plan in that the site is designated as an Unplanned Area (UA) and the permitted land uses are determined through the Robertson Ranch Master Plan. The Master Plan allows for a temporary Recreational Vehicle (RV) storage area within Planning Area (PA) 22 with 20 approval of a Conditional Use Permit. Future .permanent uses within PA 22 will require approval of a Master Plan Amendment and General Plan 21 Amendment to change the General Plan Land Use Designation from UA to a Land Use designation that is consistent with the proposed future development. 23 b. Circulation - The circulation system is designed to provide adequate access to 24 the temporary RV storage area and will allow for road widening as needed for future development in PA 22. 7. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 14 and all City public facility policies and 27 ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection ° and treatment; water; drainage; circulation; fire; schools; parks and other recreational PC RESO NO. 6429 -3- facilities; libraries; government administrative facilities; and open space, related to the 2 project will be installed to serve new development prior to or concurrent with need. 3 8. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B) and the Robertson Ranch 4 Master Plan. 9. The Planning Commission has reviewed each of the exactions imposed on the Developer 6 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 7 degree of the exaction is in rough proportionality to the impact caused by the project. o Conditions: 9 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a 10 grading permit. 11 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 13 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 14 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 i f or a successor in interest by the City's approval of this Conditional Use Permit. 17 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Conditional Use Permit documents, as necessary to make them 1 ° internally consistent and in conformity with the final action on the project. Development 1 g shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 20 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 21 regulations in effect at the time of building permit issuance. 22 4. If any condition for construction of any public improvements or facilities, or the payment 23 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 24 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 2-> all requirements of law. 9' f\5. Developer shall implement, or cause the implementation of, the Robertson Ranch 27 Master Plan Program EIR 03-03 Project Mitigation Monitoring and Reporting Program. 28 PC RESO NO. 6429 -4- 6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 2 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 3 and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Conditional Use Permit, (b) City's approval or issuance of any permit or action, whether discretionary or r nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 6 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 7 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated,o 9 7. 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. 10 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 14 Local Facilities Management Plan and any amendments made to 12 that Plan prior to the issuance of grading permits. 13 9. This approval shall become null and void if grading permits are not issued for this project within 18 months from the date of project approval. 14 , <- 10. 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 16 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 17 facilities will continue to be available until the time of occupancy. 18 11. Developer shall submit and obtain Planning Director approval of a Final Landscape and 19 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 22 12. 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 13. This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis to determine if all conditions of this permit have been met and that the use does not have a substantial negative effect on surrounding properties or the public health and welfare. If 26 the Planning Director determines that the use has such substantial negative effects, the Planning Director shall recommend that the Planning Commission, after providing the 27 permittee the opportunity to be heard, add additional conditions to reduce or eliminate the substantial negative effects.28 PC RESO NO. 6429 -5- 14. This Conditional Use Permit is granted for a period of five (5) years from June 18, 2008 2 to June 18, 2013. This permit may be revoked at any time after a public hearing, if it is found that the use has a substantial detrimental effect on surrounding land uses and the 3 public's health and welfare, or the conditions imposed herein have not been met. This permit may be extended for a reasonable period of time not to exceed five (5) years upon written application of the permittee made no less than 90 days prior to the expiration date. ^ The Planning Commission may not grant such extension, unless it finds that there are no substantial negative effects on surrounding land uses or the public's health and welfare. 6 If a substantial negative effect on surrounding land uses or the public's health and welfare is found, the extension shall be denied or granted with conditions which will eliminate or 7 substantially reduce such effects. There is no limit to the number of extensions the Planning Commission may grant,o 9 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 10 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 Local Facilities Management Plan fee for Zone 14, pursuant to Chapter 21.90. All such 12 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. 13 16. Developer shall report, in writing, to the Planning Director within 30 days, any address 14 change from that which is shown on the permit application. 17. Prior to the issuance of the grading permit, Developer shall submit to the City a Notice 16 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 17 Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a(n) Conditional Use Permit by Resolution No. 6429 on the property. Said Notice of Restriction shall note the property description, location of the 19 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 20 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 21 or successor in interest. 22 18. Developer shall construct, install, and stripe not less than three (3) visitor parking 23 spaces, as shown on Exhibit "C". 24 19. No lighting is proposed within the temporary RV storage area. If lighting is proposed in the future, the Developer shall submit and obtain Planning Director approval of an exterior lighting plan including parking areas. All lighting shall be 26 designed to reflect downward and avoid any impacts on adjacent homes or property. 27 20. Developer shall dedicate an open space easement for those portions of Lot 3 located within the sycamore tree preservation area and within 100 feet of wetlands as shown on Exhibit "C", to prohibit any encroachment or development, including but not limited PC RESO NO. 6429 -6- to fences, walls, decks, storage buildings, pools, spas, stairways, and landscaping, as 2 shown on Exhibit "E". 3 21. Removal of native vegetation and development of the open space easement area located on the southerly portion of Lot 3, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways, and landscaping, other than that approved c as part of the grading plan, improvement plans, biological revegetation program, landscape plan, etc. as shown on Exhibits "A" - "G", is specifically prohibited, except 6 upon written order of the Carlsbad Fire Department for fire prevention purposes, or upon written approval of the Planning Director, and (California Coastal Commission if in ' Coastal Zone), based upon a request from the Homeowners Association accompanied by a report from a qualified arborist/botanist indicating the need to remove specified trees and/or plants because of disease or impending danger to adjacent habitable dwelling 9 units. For areas containing native vegetation, the report required to accompany the request shall be prepared by a qualified biologist. 10 22. Permanent RV storage facilities shall be approved and constructed for the East Village of Robertson Ranch prior to or concurrent with the occupancy of a 19 maximum of 90% of the units within each of the market-rate residential planning areas (PAs 14,16,17,18, and/or 21). 13 23. In the event that permanent RV storage facilities are not ultimately approved within 14 PA 22, the developer shall remove the temporary RV storage area immediately after .,. construction of a new permanent RV storage facility. 16 24. Any future permanent uses within PA 22 will require approval of a Master Plan Amendment and General Plan Amendment to change the General Plan Land Use 17 designation from Unplanned Area (UA) to a land use designation that is consistent with the proposed future development. 1 o j9 25. The temporary RV storage area is subject to the following requirements: 20 a. Only recreational vehicles as defined in CMC Section 21.04.298 may be stored within the recreational vehicle storage area; all stored vehicles must 21 be in an operable condition and, if required, currently licensed. 22 b. Permitted recreational vehicle storage shall not be utilized as a sales yard or 23 storage for a sales yard. An occasional sale by an individual may be permitted. 24 c. The maintenance, restoration, and/or repair of any vehicle shall not be permitted within the storage area. 26 d. The utilization of a stored vehicle as a living unit shall not be permitted. 27 e. An accessory building for administration and/or security purposes may be 2° permitted by an amendment to the CUP. PC RESO NO. 6429 -7- Engineering Conditions: 2 General; 3 26. 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 c for the proposed haul route. 6 27. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. 7 Fees/Agreements 9 28. 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. 10 29. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement. 12 30. 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 13 Management Practice Maintenance Agreement for the perpetual maintenance of all treatment control, applicable site design and source control, post-construction permanent 14 Best Management Practices prior to the issuance of a grading permit or building permit, whichever occurs first for this Project. 16 Grading 17 31. 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. 19 32. This project requires off site grading. No grading for private improvements shall occur 20 outside the project unless Developer obtains, records, and submits a recorded copy, to the City Engineer, a temporary grading, construction or slope easement or agreement from 21 the owners of the affected properties. If Developer, is unable to obtain the temporary __ grading or slope easement, or agreement, no grading permit will be issued. In that case Developer must either apply for and obtain an amendment of this approval or modify the 23 plans so grading will not occur outside the project and apply for and obtain a finding of substantial conformance and/or consistency determination from both the City Engineer 24 and Planning Director. 25 33. Developer shall comply with the City's Stormwater Regulations, recent version, and 26 shall implement best management practices at all times. Best management practices include but are not limited to pollution treatment practices or devices, erosion 27 control to control silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other 2° management practices or devices to prevent or reduce the discharge of pollutants to Stormwater, receiving water or Stormwater conveyance system to the maximum PC RESO NO. 6429 -8- extent practicable. 2 34. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer 3 receipt of a Notice of Intention from the State Water Resources Control Board. 35. Prior to the issuance of grading permit or building permit, whichever occurs first, r Developer shall submit for City approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP). The TIER 3 SWPPP shall be in compliance with 6 current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad 7 Requirements. The TIER 3 SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of the project. 9 36. Developer shall submit for City approval a "Storm Water Management Plan 10 (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued 1 * by the San Diego Region of the California Regional Water Quality Control Board 12 and City of Carlsbad Municipal Code all to the satisfaction of the City Engineer. 13 Dedications/Improvements 14 37. 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. 16 38. Developer shall provide the design of all private streets and drainage systems to the 17 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 , n plan check and inspection fees for private streets and drainage systems. 20 39. Developer shall execute a City standard Development Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on 21 the site plan. These improvements include, but are not limited to: sewer, water and fire hydrants. Said improvements shall be installed to City Standards to the satisfaction of the City Engineer. More specifically, these improvements include: 23 a. Onsite public water system. 24 b. Onsite public sewer system. 2 s 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. 27 40. Developer shall design, and obtain approval from the City Engineer, the structural section 28 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. Prior to PC RESO NO. 6429 -9- completion of grading, the final structural pavement design of the aisle ways shall be 2 submitted together with required R-value soil test information subject to the review and approval of the City Engineer. 3 41. Developer shall cause owner to grant an access easement to the City of Carlsbad for storm drain maintenance purposes, to the satisfaction of the City Engineer. 42. Developer shall prepare, process, and submit to the City Engineer for approval and 6 recordation, a Dedication of Easement for general utility and access purposes. The limits of this easements shall encompass the traffic signal and pedestrian improvements shown on DWG 433-6 and DWG 433-6B, all to the satisfaction of the City Engineer. Utilities 10 43. Prior to approval of improvement plans, Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements 12 and shall be served by public water mains to the satisfaction of the District Engineer. 13 44. 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. At the discretion of the District Engineer, wider easements may be required for adequate , <- maintenance, access and/or joint utility purposes. 16 45. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. 17 46. The Developer shall design landscape and irrigation plans utilizing recycled water as a source and prepare and submit a colored recycled water use map to the Planning j 9 Department for processing and approval by the District Engineer. 20 47. The Developer shall design and construct public water facilities substantially as shown on the site plan to the satisfaction of the District Engineer and City Engineer. 21 Special Conditions: 23 48. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in 24 accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. 26 49. 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. The Average 27 Daily Trips (ADT) contained in the staff report and shown on the site plan is for planning purposes only. 28 PC RESO NO. 6429 -10- 50. Developer shall submit for and receive approval of a Conditional Letter of (Flood) 2 Map Revision (CLOMR) prior to issuance of a grading permit. Developer shall apply for and receive approval for a Letter of (Flood) Map Revision (LOMR) after 3 grading is completed. Code Reminders: 51. Developer shall pay a landscape plancheck and inspection fee as required by Section 6 20.08.050 of the Carlsbad Municipal Code. 7 52. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 9 53. The project shall comply with the latest nonresidential disabled access requirements 10 pursuant to Title 24 of the California Building Code. 12 18 54. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 13 55. Any signs proposed for the RV Storage area shall at a minimum be designed in conformance with the City's Sign Ordinance and the Robertson Ranch Master Plan 14 and shall require review and approval of a sign permit prior to installation of such signs. 15 NOTICE 16 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." 19 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 22 annul their imposition. 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 NOTICE similar to this, or as to which the statute of limitations has previously otherwise 26 expired. 27 28 PC RESO NO. 6429 -11- 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 2 Commission of the City of Carlsbad, California, held on June 18, 2008 by the following vote, to 3 wit: 4 - AYES: Commissioners Baker, Boddy, Cardosa, Dominguez, Douglas, Montgomery, and Chairperson Whitton. 6 NOES: 7 ABSENT: o 9 ABSTAIN: 10 11 TRANK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION 13 " 14 ATTEST: 15 16 17 n Planning Director 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6429 -12-