HomeMy WebLinkAbout2008-10-01; Planning Commission; Resolution 6472PLANNING COMMISSION RESOLUTION NO. 6472
1 A RESOLUTION OF THE PLANNING COMMISSION OF THE
2 CITY OF CARLSBAD, CALIFORNIA, APPROVING
CARLSBAD TRACT CT 07-08 TO SUBDIVIDE 4.58 ACRES
3 INTO 12 LOTS FOR THE DEVELOPMENT OF A 32-UNIT
COMMERCIAL DWELLING UNIT PROJECT WITHIN
4 PLANNING AREA 1 OF THE LA COSTA RESORT AND SPA
5 MASTER PLAN GENERALLY LOCATED ON THE
SOUTHEAST CORNER OF ARENAL ROAD AND ESTRELLA
6 DE MAR ROAD WITHIN LOCAL FACILITIES
MANAGEMENT ZONE 6.
7 CASE NAME: LA COSTA RESORT PA 1
CASE NO.: CT 07-08
9 WHEREAS, W2007 La Costa I LLC, "Developer" and "Owner" has filed a verified
10 application with the City of Carlsbad regarding property described as
11 Lots 10, 11, 12, and 16 of Carlsbad Tract 03-01, in the City of
j2 Carlsbad, County of San Diego, State of California, according to
map thereof no. 14984, filed in the Office of the County Recorder of
13 San Diego, March 18,2005
14 ("the Property"); and
WHEREAS, said verified application constitutes a request for a Tentative Tract Map as
16
shown on Exhibit(s) "A" - "Q" dated October 1, 2008, on file in the Planning Department LA
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COSTA RESORT PA 1 - CT 07-08, as provided by Chapter 20.12 of the Carlsbad Municipal18
j p Code; and
20 WHEREAS, the Planning Commission did, on October 1, 2008, hold a duly noticed
21 public hearing as prescribed by law to consider said request; and
22 WHEREAS, at said public hearing, upon hearing and considering all testimony and
23
arguments, if any, of persons desiring to be heard, said Commission considered all factors
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relating to the Tentative Tract Map.25
26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the
27 City of Carlsbad as follows:
28 A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
2 APPROVES LA COSTA RESORT PA 1 - CT 07-08, based on the following findings
and subject to the following conditions:
3
Findings:
4 -
1 . That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements of the General Plan, any
6 applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State
Subdivision Map Act, and will not cause serious public health problems, in that the
7 proposed subdivision is necessary for the development of commercial dwelling units
and complies with all applicable regulations. The provision of commercial dwelling
units further implements the General Plan designation of Travel/Recreation
Q Commercial for the La Costa Resort and Spa Master Plan.
10 2. That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for residential and Travel/Recreation
11 Commercial development on the General Plan, in that the existing single-family
neighborhood has been located adjacent to the La Costa Resort for several years
and no new future land uses are proposed. The La Costa Resort and Spa Master
j-j Plan (MP 03-02) has been previously found to be compatible with the surrounding
residential and travel recreational commercial uses.
14
3. That the site is physically suitable for the type and density of the development since the
15 site is adequate in size and shape to accommodate non-residential development at the
intensity proposed, in that all structures, parking, and landscaping comply with all
development standards.
17 4. That the design of the subdivision or the type of improvements will not conflict with
1 g easements of record or easements established by court judgment, or acquired by the
public at large, for access through or use of property within the proposed subdivision, in
19 that there are no conflicts or issues with the property's title or ability to secure the
land use entitlements requested.
9 1 5. The Planning Director has determined that:
22 a. the project is a(n) project for which a Mitigated Negative Declaration - La
Costa Resort and Spa Master Plan (GPA 03-08) was previously adopted
23 [15162].
24 b. this project is consistent with the project/plan cited above;
25
c. a Mitigated Negative Declaration was adopted by the City Council on
26 September 21 , 2004 in connection with the prior project or plan;
77 d. the project has no new significant environmental effect not analyzed as significant
in the prior Mitigated Negative Declaration; and
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e. none of the circumstances requiring a Subsequent Mitigated Negative
2 Declaration under CEQA Guidelines Sections 15162 or 15163 exist.
3 6. That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
4
7. That the design of the subdivision provides, to the extent feasible, for future passive or
natural heating or cooling opportunities in the subdivision, in that the structures are
oriented in an east-west alignment for southern exposure and/or to take advantage of
shade or prevailing breezes.
7
8. That the design of the subdivision and improvements are not likely to cause substantial
8 environmental damage nor substantially and avoidably injure fish or wildlife or their
habitat, in that the site is presently a parking lot and construction staging area and no
biological resources exist on-site.
9. That the discharge of waste from the subdivision will not result in violation of existing
California Regional Water Quality Control Board requirements, in that the project has
been designed in accordance with Best Management Practices for water quality
12 protection in accordance with the City's sewer and drainage standards and the
project is conditioned to comply with the National Pollution Discharge Elimination
13 System (NPDES) Requirements.
14 10. The Planning Commission finds that the project, as conditioned herein, is in
15 conformance with the Elements of the City's General Plan and La Costa Resort and
Spa Master Plan based on the facts set forth in the staff report dated October 1, 2008
16 including, but not limited to the following:
17
Land Use - The project is consistent with the City's General Plan and La Costa
Resort and Spa Master Plan since the proposed Commercial Dwelling Units and
19 valet parking lot are consistent with the Tourist/Recreation Commercial (TR)
General Plan Land Use designation as indicated on the Land Use Element of the
20 General Plan and the La Costa Resort and Spa Master Plan.
21 b. Circulation - The existing Arenal Road, El Camino Real and Costa Del Mar
22 Road roadways are adequate in capacity to handle the traffic generated by the
proposed use. All circulation improvements exist and no additional circulation
23 improvements are required.
c. Noise - The project is not subject to significant noise levels nor is it a significant
noise source.
26 d. Public Safety - All necessary water mains, fire hydrants, and appurtenances
must be installed prior to occupancy of any building and all-weather access
27 roads will be maintained throughout construction.
28 11. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 6 and all City public facility policies and
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ordinances. The project includes elements or has been conditioned to construct or
2 provide funding to ensure that all facilities and improvements regarding sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
3 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.
4
- 12. The project has been conditioned to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
6 requirements established by a Local Facilities Management Plan prepared pursuant to
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of
7 public facilities and will mitigate any cumulative impacts created by the project.
o 13. This project has been conditioned to comply with any requirement approved as part of the
9 Local Facilities Management Plan for Zone 6.
10 14. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section IB).11
j2 15. 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
13 to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
14
Conditions:15
I g Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of
final map or grading permit, whichever occurs first.
17
1. If any of the following conditions fail to occur, or if they are, by their terms, to be
18 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
revoke or modify all approvals herein granted; deny or further condition issuance of all
20 future building permits; deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
21 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 Tentative Tract Map.
23 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
24 and modifications to the Tentative Tract Map documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
25 shall occur substantially as shown on the approved Exhibits. Any proposed development,
„ , different from this approval, shall require an amendment to this approval.
27 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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4. If any condition for construction of any public improvements or facilities, or the payment
2 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
challenged, this approval shall be suspended as provided in Government Code Section
3 66020. If any such condition is determined to be invalid, this approval shall be invalid
unless the City Council determines that the project without the condition complies with
^ all requirements of law.
5. Developer shall implement, or cause the implementation of, the La Costa Resort and
6 Spa Master Plan (GPA 03-08) Project Mitigation Monitoring and Reporting Program
(Planning Commission Resolution No. 5697).
7
6. 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
9 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
10 or indirectly, from (a) City's approval and issuance of this Tentative Tract Map,
(b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
19 (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
survives until all legal proceedings have been concluded and continues even if the City's
14 approval is not validated.
7. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar
16 copy of the Tentative Map reflecting the conditions approved by the final decision-
making body.
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8. Developer shall include, as part of the plans submitted for any permit plancheck, a
reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
19 format (including any applicable Coastal Commission approvals).
20 9. 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
21 obligation to provide school facilities.
22 10. This project shall comply with all conditions and mitigation measures which are required
23 as part of the Zone 6 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
24
11. This approval is granted subject to the approval of PUD 03-06(B) and is subject to all
conditions contained in Planning Commission Resolution No. 6473 for the other approval
26 incorporated herein by reference.
27 12. 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
time of the application for the building permit, and that water and sewer capacity and
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facilities will continue to be available until the time of occupancy. A note to this effect
2 shall be placed on the Final Map.
3 13. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 6, pursuant to Chapter 21.90. All such
6 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.
7
14. 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
9 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) Tentative
10 Tract Map by Resolution(s) No. 6472 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
12 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
13 good cause by the Developer or successor in interest.
15. 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 construct and install all landscaping as
16 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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16. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on file in the Planning Department and accompanied by the
project's building, improvement, and grading plans.
20 Engineering:
General
22 17. Prior to hauling dirt or construction materials to or from any proposed construction site
23 within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
24
18. Developer shall submit to the Planning Director, a reproducible 24" x 36", mylar copy of
the Tentative Map reflecting the conditions approved by the final decision making body.
The reproducible shall be submitted to the Planning Director, reviewed and, if acceptable,
signed by the City's project engineer and project planner prior to submittal of the building
27 plans, improvement plans, grading plans, or final map, whichever occurs first.
19. Developer shall submit to the City Engineer an acceptable instrument, via CC&Rs and/or
other recorded document, addressing the maintenance, repair, and replacement of shared
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private improvements within this subdivision, including but not limited to private streets,
2 sidewalks, street lights, water quality treatment measures, low impact development
features, and storm drain facilities located therein and to distribute the costs of such
3 maintenance in an equitable manner among the owners of the properties within this
subdivision.
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5 20. There shall be one Final Map recorded for this project.
6 21. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards.
7
Fees/Agreements
9 22. 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
23. 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 24. Developer shall cause property owner to process, execute and submit an executed copy to
13 the City Engineer for recordation a City standard Permanent Stormwater Quality Best
Management Practice Maintenance Agreement for the perpetual maintenance of all
14 treatment control, applicable site design and source control, post-construction permanent
Best Management Practices prior to the issuance of a grading permit or building permit,
or the recordation of a final map, whichever occurs first for this Project.
16
25. Developer shall cause property owner to execute, and submit to the City Engineer for
17 recordation, a City Standard deed restriction on the property which relates to the proposed
cross lot drainage as shown on the Tentative Map. The deed restriction document shall:18 * P
A. Clearly delineate the limits of the drainage course; and
B. State that the drainage course is to be maintained in perpetuity by the underlying
20 property owner; and
C. State that all future use of the property along the drainage course will not restrict,
impede, divert or otherwise alter drainage flows in a manner that will result in
22 damage to thev underlying and adjacent properties or the creation of a public
nuisance.
23
24 Grading
25 26. 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 prepare and
26 submit plans and technical studies/reports, for City Engineer review, and shall pay all
applicable grading plan review fees per the City's latest fee schedule.
28
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27. Developer shall apply for and obtain a grading permit from the City Engineer. Developer
2 shall pay all applicable grading permit fees per the City's latest fee schedule and shall
post security per City Code requirements.
3
28. This project requires off site grading and retaining walls. No grading for private
improvements shall occur 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 the owners of the affected properties. If Developer is unable
6 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
7 - approval or modify the 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 and Planning Director.
9
29. Developer shall comply with the City's Stormwater Regulations, latest version, and shall
10 implement best management practices at all times. Best management practices include
but are not limited to pollution treatment practices or devices, erosion control to prevent
* silt runoff during construction, general housekeeping practices, pollution prevention and
,~ educational practices, maintenance procedures, and other management practices or
devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or
13 stormwater conveyance system to the maximum extent practicable. Developer shall notify
prospective owners and tenants of the above requirements.
14
30. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer
receipt of a Notice of Intention from the State Water Resources Control Board.
16
31. Prior to the issuance of grading permit or building permit, whichever occurs first,
17 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 current requirements
* ° and provisions established by the San Diego Region of the California Regional Water
19 Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall
address measures to reduce to the maximum extent practicable storm water pollutant
20 runoff during construction of the project.
21 32. Developer shall submit for City approval a "Storm Water Management Plan (SWMP)."
The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego
23 Region of the California Regional Water Quality Control Board and City of Carlsbad
Municipal Code all to the satisfaction of the City Engineer.
24
33. Developer shall incorporate Low Impact Development (LID) design techniques, on all
final design plans submitted to the City, to reduce the amount of run-off by mimicking
2g the natural hydrologic function of the site by preserving natural open-spaces and natural
drainage channels, minimizing impervious surfaces, promoting infiltration and
27 evaporation of run-off before run-off leaves the site. Developer shall incorporate LID
techniques using current County of San Diego Low Impact Development Handbook
28 (Stormwater Management Strategies). LID techniques include, but are not limited to:
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vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the
2 volume, peak flow rate, velocity and pollutants.
3 Dedications/Improvements
4 34. Developer shall design the private drainage systems, as shown on the Tentative Map to
r the satisfaction of the City Engineer. All private drainage systems (12" diameter storm
drain and larger) shall be inspected by the City. Developer shall pay the standard
6 improvement plan check and inspection fees for private drainage systems.
7 35. Developer shall prepare and process public improvement plans and, prior to City
Engineer approval of said plans, shall execute a City standard Subdivision Improvement
Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070
9 for public improvements shown on the Tentative Map. Said improvements shall be
installed to City Standards to the satisfaction of the City Engineer. These improvements
10 include, but are not limited to:
1 A. Public water facilities.
12 Developer shall pay the standard improvement plan check and inspection fees.
13 Improvements listed above shall be constructed within 18 months of approval of the
subdivision or development improvement agreement or such other time as provided in
14 said agreement.
Non-Mapping Notes
16
36. Add the following notes to the final map as non-mapping data:
17
A. Developer has executed a City standard subdivision Improvement Agreement and
1° has posted security in accordance with C.M.C. Section 20.16.070 to install public
, n improvements shown on the Tentative Map. These improvements include, but are
not limited to:
20
1) Public water facilities.
21
B. Building permits will not be issued for development of the subject property unless
the appropriate agency determines that sewer and water facilities are available.
23
C. No structure, fence, wall, tree, shrub, sign, or other object may be placed or
24 permitted to encroach within the area identified as a sight distance corridor as
defined by City of Carlsbad Engineering Standards or line-of-sight per Caltrans
standards.
26 D. The owner of this property on behalf of itself and all of its successors in interest
27 has agreed to hold harmless and indemnify the City of Carlsbad from any action
that may arise through any diversion of waters, the alteration of the normal flow
28 of surface waters or drainage, or the concentration of surface waters or drainage
from the drainage system or other improvements identified in the City approved
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development plans; or by the design, construction or maintenance of the drainage
2 system or other improvements identified in the City approved development plans.
3 Utilities
37. Developer shall meet with the Fire Marshal to determine if fire protection measures (fire
c flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire
hydrants, if proposed, shall be considered public improvements and shall be served by
6 public water mains to the satisfaction of the District Engineer.
7 38. 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
8 discretion of the District or City Engineer, wider easements may be required for adequate
maintenance, access and/or joint utility purposes.
9
39. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities.
11
40. Developer shall install potable water services and meters at locations approved by the
12 District Engineer. The locations of said services shall be reflected on public improvement
plans.13 V
14 41. The Developer shall design and construct public water and sewer, facilities substantially
as shown on the Tentative Map to the satisfaction of the District Engineer and City
15 Engineer.
16 42. The Developer shall meet with and obtain approval from the Leucadia Wastewater
District regarding sewer infrastructure available or required to serve this project.
18 Code Reminders;
19 The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
20 e
21 43. 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.
22
44. Developer shall pay a landscape plan check and inspection fee as required by Section
23 20.08.050 of the Carlsbad Municipal Code.
24 45. Approval of this request shall not excuse compliance with all applicable sections of the
25 Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
26
46. The tentative map shall expire two years from the date on which the Planning
Commission voted on the application.
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47. Developer shall pay traffic impact fees based on Section 18.42 of the City of Carlsbad
2 Municipal Code. The Average Daily Trips (ADT) and floor area contained in the staff
report and shown on the Tentative Map are for planning purposes only.
3
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 accordance with
<- Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of
the City Engineer.
6
NOTICE
3 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
9 "fees/exactions."
You have 90 days from date of approval to protest imposition of these fees/exactions. If you
11 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
12 processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
15 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
16 project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on October 1, 2008, by the following vote,
to wit:
AYES:
NOES:
Commissioners Baker, Boddy, Cardosa, Dominguez, and
Chairperson Whitton
ABSENT: Commissioners Douglas and Montgomery
ABSTAIN:
/FRANK H. WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
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