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HomeMy WebLinkAbout2008-07-16; Planning Commission; Resolution 64361 PLANNING COMMISSION RESOLUTION NO. 6436 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO 4 CONSTRUCT A 7,511 SQUARE FOOT STAND ALONE - RESTAURANT, A 44,391 SQUARE FOOT COMMERCIAL RETAIL CENTER, AND A VACANT PAD FOR A FUTURE 6 STAND ALONE RESTAURANT ON A 6.96 ACRE PARCEL GENERALLY LOCATED ON THE WEST SIDE OF PASEO DEL 7 NORTE, NORTH OF KING'S FISH HOUSE, SOUTH OF CAR COUNTRY DRIVE, AND EAST OF THE INTERSTATE 5 FREEWAY, WITHIN THE MELLO II SEGMENT OF THE 9 LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 3. 10 CASE NAME: CARLSBAD PASEO CASE NO.: CUP 07-03 11 12 WHEREAS, Strategic Property Advisors, Inc., "Developer," has filed a verified 13 application with the City of Carlsbad regarding property owned by CPT/SC Title Holding 14 Corporation, "Owner," described as 15 Portions of Parcel 2 and 3 of Parcel Map No. 11284, filed in the Office of the County Recorder of San Diego County, May 11,lb 1981 and Lot 4 of Carlsbad Tract No. 92-7 (Carlsbad Ranch Unit 1 and Unit 2), according to map thereof No. 13078, filed in17 the Office of the County Recorder of San Diego County, December 28, 1993, all in the City of Carlsbad, County of San 1° Diego, State of California, more particularly described as follows:19 Beginning at the northeasterly corner of said Parcel 3, said corner being the most northerly corner of said Lot 4, said ry, corner being the point of beginning; thence southerly along the easterly line of said Lot 4, south 22°29'26" east (south 22 22°29'26" east per said Map No. 13078) 925.00 feet to the beginning of a tangent curve concave northeasterly having a 23 radius of 557.00 feet; thence southeasterly along said curve through a central angle of 11°20'36" a distance of 110.27 feet 24 to a point on said easterly line, a radial through said point bears south 56°09'58" west; thence leaving said easterly line 25 south 55°50'26" west 343.71 feet to the westerly line of said ~s Parcel 2; thence northwesterly along the westerly line of said Parcels 2 and 3, north 26°48'03" west (north 26°47'14" west 27 per said Parcel Map 11284) 738.65 feet to an angle point corner of said Parcel 3; thence continuing along said westerly line 28 north 25°12'24" west 300.01 feet (north 25°11'47" west 300.01 feet per said parcel map) to an angle point corner of said parcel map; thence continuing along said westerly line north 26°15'29" west 68.05 feet (north 26°15'48" west 68.03 feet per ry said parcel map) to the northwest corner of said Parcel 3 of said parcel map; thence easterly along the northerly line of 3 said Parcel 3, north 67°31'12" east 399.93 feet (north 67°31'17" east 400.00 feet per said parcel map) to the point of beginning. 4 Said land is also described as Parcel A in that certain 5 Certificate of Compliance for Adjustment Plat, dated October 1, 2002, and recorded October 18,2002, as Document No. 2002- 6 0913260, official records of San Diego County, California. 7 ("the Property"); and 8 WHEREAS, said verified application constitutes a request for a Conditional Use 9 Permit as shown on Exhibit(s) "A" - "NN" dated July 16, 2008, on file in the Planning 11 Department, CARLSBAD PASEO - CUP 07-03, as provided by Chapter 21.42 and/or 21.50 of 12 the Carlsbad Municipal Code; and 13 WHEREAS, the Planning Commission did, on July 16, 2008, hold a duly noticed 14 public hearing as prescribed by law to consider said request; and 15 WHEREAS, at said public hearing, upon hearing and considering all testimony 16 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 18 relating to the CUP. 19 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 20 Commission of the City of Carlsbad as follows: 21 A) That the foregoing recitations are true and correct. 22 B) That based on the evidence presented at the public hearing, the Commission 23 RECOMMENDS APPROVAL of CARLSBAD PASEO - CUP 07-03, based r.. on the following findings and subject to the following conditions: 25 Findings; 26 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, if applicable, the certified local coastal program, specific plan or master plan, in that the 28 proposed restaurant, two-story commercial retail center, and future restaurant pad uses are permitted within both the Commercial-Tourist (C-T) Zone and the PC RESO NO. 6436 -2- Commercial/Visitor-Serving Overlay Zone, and will provide a service to the travel 2 and recreational needs of tourists, residents, and employees of the surrounding businesses and industrial centers. 3 2. That the requested uses are 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 project has c been designed to accommodate all parking on site, provides for adequate traffic circulation, and incorporates all of the required development standards of the 6 Commercial/Visitor-Serving Overlay Zone to ensure compatibility of the project with the surrounding community. 7 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, 9 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 10 other uses in the neighborhood, in that the project can be fit within the proposed development area (6.96-acre project site) without the need for any development standard modifications. Furthermore, the project complies with all of the required development standards and parking requirements of the C-T Zone and the Commercial/Visitor-Serving Overlay Zone in that, adequate building and landscape 13 setbacks have been provided; the proposed buildings are designed with enclosed service areas to conceal delivery areas, trash receptacles, and storage of supplies; roof-mounted mechanical equipment is screened from public view, and project access points for ingress and egress of the site are aligned with other surrounding driveways to integrate the proposed uses with other uses in the neighborhood. 16 4. That the street system serving the proposed use is adequate to properly handle all traffic 17 generated by the proposed use, in that a traffic study was submitted for the development proposal, which indicates that the proposed project would generate a total of approximately 3,772 Average Daily Trips (ADT), with 96 AM peak hour trips (58 inbound, 38 outbound), and 302 PM peak hour trips (178 inbound, 124 outbound). In order to accommodate the level of traffic generated, the project 20 developer will be required to pay a fair-share contribution for the lengthening of the eastbound to northbound left turn pocket at the intersection of Palomar Airport Road and Paseo Del Norte; pay a Traffic Impact Fee (TIF) based on Section 18.42 of ~~ the City of Carlsbad Municipal Code to mitigate impacts to the Palomar Airport Road and Paseo Del Norte intersection; and execute a Traffic Signal Subdivision 23 Improvement Agreement to design and install, and post appropriate security for the construction of a future traffic signal at the intersection of Paseo Del Norte and the 24 Carlsbad Company Stores Driveway where it intersects with the main project entry on the south side of Parcel B. Through project design, the street system serving the proposed use is adequate to properly handle all traffic that is expected to be generated by the project and all intersections and roadway segments serving the project will operate at acceptable levels of service. 27 5. That the proposed project is adequately designed to accommodate the high percentage of visitor, tourist, and shuttle/bus alternative transportation users anticipated given the proposed use and site location within the overlay zone, in that the onsite circulation PC RESO NO. 6436 -3- system has been adequately designed to accommodate the flow of traffic without 2 creating conflicts between uses. The project provides the required number of parking spaces to accommodate the proposed uses. The project will enter into a 3 private reciprocal access agreement with the adjacent uses to the south to ensure cross project vehicular circulation. Pedestrian circulation is provided throughout the project to interconnect the three parcels with each other and the public right-of- <- way, and a separate pedestrian connection is provided from the proposed bus turn- out to Parcel B to ensure safe and efficient pedestrian circulation. 6 6. That the building form, building colors, and building materials combine to provide an 7 architectural style of development that will add to the objective of high quality architecture and building design within the overlay zone in that, the buildings have been designed with an alternative architectural design, which is compatible with the 9 other surrounding buildings within the vicinity. The proposed buildings represent a high quality of architectural design through their use of varied building forms, high 10 quality building materials, and decorative architectural elements. This combination of architectural elements creates a project that is complementary to the surrounding development, and adds to the objective of high quality architecture and building 12 design within the overlay zone. 13 7. That the project complies with all development and design criteria of the overlay zone in that, the project meets or exceeds all of the development and design criteria of the 14 overlay zone including, but not limited to parking, screening, building height, building setbacks, building design, and landscaping. 16 8. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan, based on the facts set forth in the staff 17 report dated July 16, 2008. 1 f?9. The project is consistent with the Citywide Facilities and Improvements Plan, the Local jo Facilities Management Plan for Zone 3 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or 20 provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational 21 facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, 23 a. The project has been conditioned to provide proof from the Carlsbad 24 Unified School District that the project has satisfied its obligation for school facilities. 26 b- Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permit. 27 c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. PC RESO NO. 6436 -4- d. The Local Facilities Management fee for Zone 3 is required by Carlsbad 2 Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 3 10. The project is consistent with the adopted Airport Land Use Compatibility Plan for the 4 McClellan-Palomar Airport (ALUCP), dated October 2004, in that as conditioned the c applicant shall record a notice concerning aircraft noise. The project is compatible with the projected noise levels of the ALUCP; and, based on the noise/land use compatibility 6 matrix of the ALUCP, the proposed land use is compatible with the airport, in that the proposed restaurant and retail center uses are considered compatible land uses 7 within the 60 CNEL. Q 11. The Planning Commission hereby finds that all development in Carlsbad benefits from 9 the Habitat Management Plan, which is a comprehensive conservation plan and implementation program that will facilitate the preservation of biological diversity and 10 provide for effective protection and conservation of wildlife and plant species while continuing to allow compatible development in accordance with Carlsbad's Growth Management Plan. Preservation of wildlife habitats and sensitive species is required by 12 the Open Space and Conservation Element of the City's General Plan which provides for the realization of the social, economic, aesthetic and environmental benefits from the 13 preservation of open space within an increasingly urban environment. Moreover, each new development will contribute to the need for additional regional infrastructure that, in 14 turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on all new development within the City is essential to fund implementation of the City's Habitat Management Plan. 16 12. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal 17 Code Section 14.28.020 and Landscape Manual Section IB). 18 13. 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 20 degree of the exaction is in rough proportionality to the impact caused by the project. 21 Conditions: 22 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a _« grading permit or building permit, which ever shall occur first. 24 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 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 property title; institute and prosecute litigation to compel their compliance with said 28 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. PC RESO NO. 6436 -5- 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 2 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 3 shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval.4 <- 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. 6 4. If any condition for construction of any public improvements or facilities, or the payment 7 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 9 unless the City Council determines that the project without the condition complies with all requirements of law. 10 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 , 2 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 13 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 14 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 15 facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's 17 approval is not validated. i o 6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of 19 the (Parcel Map and Site Plan) reflecting the conditions approved by the final decision- making body. 20 7. Developer shall include, as part of the plans submitted for any permit plancheck, a 21 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing __ format (including any applicable Coastal Commission approvals). 23 8. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its 24 obligation to provide school facilities. 25 9. This project shall comply with all conditions and mitigation measures which are required 25 as part of the Zone 3 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 27 10. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and CDP 07-03 and is subject to PC RESO NO. 6436 -6- all conditions contained in Planning Commission Resolutions No. 6435 and 6437 for 2 those other approvals incorporated herein by reference. 3 11. This approval is granted subject to the approval of the Minor Subdivision (MS 07-02) and is subject to all conditions contained in the City Engineer's approval letter for this other approval incorporated herein by reference. 12. This approval shall become null and void if building permits are not issued for this 6 project within 24 months from the date of project approval. 7 13. Building 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 9 time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect 10 shall be placed on the Parcel Map, 14. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 12 #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 13 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 3, pursuant to Chapter 21.90. All such 14 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. 16 15. Prior to the issuance of a 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 17 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 and Coastal Development Permit by 19 Resolution(s) No. 6436 and 6437 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all 20 conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of 22 good cause by the Developer or successor in interest. 23 16. 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 24 a substantial negative effect on surrounding properties or the public health and welfare. If the Planning Director determines that the use has such substantial negative effects, the Planning Director shall recommend that the Planning Commission, after providing the 25 permittee the opportunity to be heard, add additional conditions to reduce or eliminate the substantial negative effects. 27 17. If, at any time, the City Council, Planning Commission, or Planning Director determines that there has been, or may be, a violation of the findings or conditions of this conditional use permit, or of the Municipal Code regulations, a public hearing may be held before the PC RESO NO. 6436 -7- City Council to review this permit. At said hearing, the City Council may add additional 2 conditions, recommend additional enforcement actions, or revoke the permit entirely, as necessary to ensure compliance with the Municipal Code and the intent and purposes of 3 the Commercial/Visitor-Serving Overlay Zone, and to provide for the health, safety, and general welfare of the City. 4 - 18. Developer shall implement, or cause the implementation of, the CARLSBAD PASEO - CUP 07-03/CDP 07-07/MS 07-02 Project Mitigation Monitoring and Reporting 6 Program. 19. Prior to issuance of a grading permit, Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall 9 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. 10 20. 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 12 project's building, improvement, and grading plans. 13 21. Developer shall provide bus stops to service this development at locations and with reasonable facilities to the satisfaction of the North County Transit District and the 14 Planning Director. Said facilities, if required, shall be free from advertising and shall at a minimum include a bench and a pole for the bus stop sign. The facilities shall be designed to enhance or be consistent with basic architectural theme of the project. 16 22. This project has been found to result in impacts to wildlife habitat or other lands, such as 17 agricultural land, non-native grassland, and disturbed lands, which provide some benefits to wildlife, as documented in the City's Habitat Management Plan and the environmental analysis for this project. Developer is aware that the City has adopted an In-lieu in Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of 20 vegetation and animal species. The Developer is further aware that the City has determined that all projects will be required to pay the fee in order to be found consistent with the Habitat Management Plan and the Open Space and Conservation Element of the General Plan. Developer or Developer's successor(s) in interest shall pay the fee prior to recordation of a final map, or issuance of a grading permit or building permit, whichever 23 occurs first. The applicant shall pay habitat in-lieu mitigation fees consistent with the Carlsbad Habitat Management Plan (HMP) and the Preliminary Vegetation 24 Assessment (Planning Systems, May 16, 2006) as follows: Group E - 6.29 acres of Annual (non-native) Grassland, and Group F - 0.55 acres of Disturbed Lands. If the In-lieu Mitigation Fees for this project are not paid, this project will not be consistent with the Habitat Management Plan and the General Plan and any and all approvals for this project shall become null and void. 27 23. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in PC RESO NO. 6436 -8- substance as provided in Building Department Policy No. 80-6, to the satisfaction of the 2 Directors of Community Development and Planning. 3 24. The Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting 4 the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in <- the Planning Department). 6 25. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal 7 Code Chapter 21.105. Location of said receptacles shall be approved by the Planning Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director. 9 26. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. 10 When so required, the Developer shall submit and obtain approval of the Fire Chief and the Planning Director of an Outdoor Storage Plan, and thereafter comply with the * 1 approved plan. 12 27. Developer shall submit and obtain Planning Director approval of an exterior 13 lighting plan including parking areas. All lighting (including reflected sunlight) shall be designed to reflect downward and avoid any impacts on adjacent property, 14 including Interstate-5. 28. Compact parking spaces shall be located in large groups, and in locations clearly marked 16 to the satisfaction of the Planning Director. 17 29. Developer shall construct, install, and stripe not less than the required number of parking spaces, as shown on Exhibits "A" - "NN." in 30. The developer shall submit and obtain Planning Director approval of a sign program for the project showing conformance with the City of Carlsbad Sign 20 Ordinance and the Commercial/Visitor-Serving Overlay Zone. All signs shall be constructed and installed in accordance with the approved sign program. 21 31. The Developer shall be required to obtain a Clean Water Act Section 404 Nationwide Permit for the temporary impact to 0.053-acres of non-wetland waters 23 of the United States for the replacement of an existing concrete-lined channel with an underground box-culvert. Prior to the issuance of a grading permit, Developer 24 shall provide proof to the Planning Director of the issuance of said permit. 25 32. The developer shall be required to obtain a 401 Certification or Waiver of 26 Certification from the California Regional Water Quality Control Board for the replacement of an existing concrete-lined channel with an underground box-culvert. 27 Prior to the issuance of a grading permit, the developer shall provide proof to the Planning Director of the issuance of said certificate or waiver. 28 PC RESO NO. 6436 -9- 33. Prior to commencement of grading, the developer shall enter into a pre-excavation 2 agreement with a representative of the San Luis Rey Band of Mission Indians. The purpose of this agreement will be to establish the requirement of tribal monitoring 3 and to formalize procedures for the treatment of Native American human remains and burial, ceremonial, or cultural items that may be uncovered during any ground ^ disturbance activities. 34. Prior to issuance of a grading permit, the project developer shall retain the services 6 of a qualified archeologist to monitor all ground disturbing activities. The applicant shall provide verification that a qualified archeologist has been retained, and 7 verification shall be documented by a letter from the applicant and the archeologist to the Planning Director.8 9 35. A qualified archeologist shall be present at the pre-construction meeting to consult with the grading and excavation contractors. 10 36. In the event that any cultural resources, concentration of artifacts, or culturally modified soil deposits are discovered within the project area at any time during j2 construction, the archeological monitor shall be empowered to suspend work in the immediate area of the discovery until such time as a data recovery plan can be 13 developed and implemented. The discovery of any resource shall be reported to the City of Carlsbad Planning Director prior to any evaluation testing. If any deposits 14 are evaluated as significant under CEQA, mitigation may be required as recommended by the qualified archeologist. 15 Code Reminders; 17 37. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. , o 38. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 20 39. Approval of this request shall not excuse compliance with all applicable sections of the 21 Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 23 40. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 24 41. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 25 Code Section 18.04.320. 26 42. Any signs proposed for this development shall at a minimum be designed in conformance 27 with the Commercial/Visitor-Serving Overlay Zone and the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such 28 signs. PCRESONO. 6436 -10- 1 NOTICE 2 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 A "fees/exactions." 5 You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 6 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or g annul their imposition. 9 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise 12 expired. 13 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 14 Commission of the City of Carlsbad, California, held on July 16, 2008 by the following vote, to 15 wit: 16 AYES: Commissioners Baker, Boddy, Dominguez, Douglas, Montgomery, and Chairperson Whitton 18 NOES: 19 ABSENT: Commissioner Cardosa 20 21 ABSTAIN: 22 23 FRANK H. WfflTTOH^hairperson CARLSBAD PLANNING COMMISSION 25 ATTEST: 26 27 DONNEU ~o Planning Director PC RESO NO. 6436 -11-