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HomeMy WebLinkAbout2008-11-19; Planning Commission; Resolution 65131 PLANNING COMMISSION RESOLUTION NO. 6513 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE DEVELOPMENT PLAN SDP 08-02 TO DEVELOP A 4.9 ACRE 4 PARCEL WITH A 15,412 SQUARE FOOT CHILD DAYCARE 5 CENTER ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF RANCHO SANTA FE ROAD AND NORTH OF 6 SAN ELIJO ROAD IN LA COSTA OAKS NEIGHBORHOOD 3.2 OF THE VILLAGES OF LA COSTA MASTER PLAN IN 7 LOCAL FACILITIES MANAGEMENT ZONE 11. CASE NAME: LA COSTA OAKS NORTH 3.2 DAYCARE 8 CASE NO.: SDP 08-02 9 WHEREAS, Glenwood Development Company, "Developer," has filed a 10 verified application with the City of Carlsbad regarding property owned by Carlsbad Preschool 12 LP, "Owner," described as 13 Parcel 2 of Parcel Map No. 20359, of the Villages of La Costa - La Costa Oaks North in the City of Carlsbad, County of San 14 Diego, State of California, Neighborhood 3.2 filed in the Office of the County Recorder of San Diego County, September 20, 2007 as Document No. 2007-0617254 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Site Development18 19 Plan as shown on Exhibits "A" - "N" dated November 19, 2008, on file in the Planning 20 Department, SDP 08-02 - LA COSTA OAKS NORTH 3.2 DAYCARE as provided by 21 Chapter 21.06/Section 21.53.120 of the Carlsbad Municipal Code; and 22 WHEREAS, the Planning Commission did, on November 19, 2008, hold a duly 23 noticed public hearing as prescribed by law to consider said request; and 24 WHEREAS, at said public hearing, upon hearing and considering all testimony 25 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 27 relating to the Site Development Plan. 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 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 Planning 3 Commission APPROVES SDP 08-02 - LA COSTA OAKS NORTH 3.2 DAYCARE based on the following findings and subject to the following conditions: 5 Findings: 6 1. That the requested use is properly related to the site, surroundings and environmental settings, is consistent with the various elements and objectives of the General Plan, will not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings or 9 traffic circulation, in that the General Plan encourages the establishment of child daycare centers in safe and convenient locations throughout the community to 10 accommodate the growing demand for child care in the community caused by demographic, economic, and social forces. The subject site was reserved as a community facility site as part of the Villages of La Costa Master Plan. The Villages 12 of La Costa Master Plan was found to comply with all applicable General Plan Goals, Objectives and Policies including Land Use. This project is in conformance 13 with the Master Plan and is therefore also in compliance with the General Plan. The use will not be detrimental to the existing RV storage area in that a steep slope and fencing will separate the two uses, the private drive is adequately designed to meet . the traffic demands of both uses, and the required fuel modification zone on the north end of the site will be maintained. 16 2. That the site for the intended use is adequate in size and shape to accommodate the use, in 17 that the 4.9 acre project site is adequate in size to accommodate the 15,412 square foot (sf.) daycare center. The single-story structure and play ground area are located outside of the 60-foot fuel modification zone, and all necessary setbacks, play 19 areas, landscaping, circulation, and parking areas will be provided. The project can accommodate up to 316 children and 30 employees, and will provide 62 parking 20 spaces as required. 21 3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust 22 the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that the project has been designed in accordance with all 23 development standards of the C-F Zone and those required for La Costa Oaks Neighborhood 3.2 of the Villages of La Costa Master Plan. All amenities required 24 by the Child Care Ordinance, Chapter 21.83 of the Carlsbad Municipal Code, are provided, in that a large fenced in outdoor play area is provided and is located adjacent to the structure with all play areas visible and accessible from inside the facility; the fences surrounding the outdoor play areas are a minimum five feet in height; the child daycare center is designed with multiple windows to allow 27 maximum opportunities for natural lighting and visibility; parking is provided at a ratio of one space per employee and one space per ten children for a total of 62 parking stalls (30 employees and 316 children); parking spaces for loading and unloading children are located near the entrance of the building and are easily PCRESONO. 6513 -2- accessible, and the project is conditioned to provide proof of licensing prior to 2 occupancy. 3 4. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that Program EIR 98-07 prepared for the Villages of La Costa Master Plan analyzed the traffic generated by the community facilities site based on a 300 ADT/acre traffic generation rate. This results in an estimated 1,470 ADT for a 4.9 acre community facility site. The proposed 15,412 sf. child daycare center would generate 1,233 ADT. Therefore, the street system serving the proposed daycare use is adequate to properly handle all traffic generated by this project. o 5. The Planning Commission finds that the project, as conditioned herein, is in 9 conformance with the Elements of the City's General Plan and the Villages of La Costa Master Plan based on the facts set forth in the staff report dated November 19, 2008 10 including, but not limited to the following: a. Land Use - The proposed child daycare center is consistent with the Community , _ Facilities (CF) General Plan Land Use designation in that the purpose and intent of the CF designation is to allow facilities for child daycare centers, places of 13 worship, senior citizens, and charities. 14 b. Open Space and Conservation - The child daycare facility is consistent with the adopted Habitat Conservation Plan for the Villages of La Costa Master Plan in that the development proposal will not impact areas designated for habitat , r preservation. c. Circulation - The surrounding roadways are adequate in capacity to handle the traffic generated by the proposed use. All frontage improvements to Rancho 18 Santa Fe Road and San Elijo Road have been constructed by the Villages of La Costa - La Costa Oaks North Master Tentative Tract Map (CT 99-04-03). The project is conditioned to make all necessary improvements to the common private access drive into the site. d. Noise -Based upon the modeled results in the Acoustical Site Assessment for La Costa 3.2 Childcare Facility, Investigative Science and Engineering, Inc., dated 22 April 2, 2008, the project would not be exposed to noise levels exceeding the City's 60 dBA CNEL exterior noise standard or exceeding the City's 45 dBA CNEL interior noise standard. 24 Public Safety - Each daycare classroom exits directly onto the playground area 25 as well as to the interior of the building. Pedestrian access gates are provided on the northeast and northwest sides of the building. All necessary water mains, 26 fire hydrants, and appurtenances will be installed prior to occupancy of any building. The building is fully sprinklered and the project is located outside of ^' the required fuel modification zones. 28 PCRESONO. 6513 -3- 6. The Planning Director has determined that: 2 The project is a subsequent activity of the Villages of La Costa Master Plan 3 (MP 98-01) for which a program EIR was prepared, and a notice for the activity has been given, which includes statements that this activity is within the scope of the program approved earlier, and that the program EIR adequately describes the activity 5 for the purposes of CEQA [15168(c)(2) and (e)]. 6 b. This project is consistent with the Master Plan cited above. 7 c. The Villages of La Costa Master Plan EIR 98-07 was certified in connection with the prior plan. o 9 d. The project has no new significant environmental effect not analyzed as significant in the prior EIR. 10 e. None of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist. 12 f. All feasible mitigation measures or project alternatives identified in the Villages of 13 La Costa Master Plan EIR 98-07, which are appropriate to this Subsequent Project, have been incorporated into this Subsequent Project.14 , <- 7. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 11 and all City public facility policies and 16 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 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. 19 Specifically, 20 a. The project has been conditioned to provide proof from the San Marcos School District that the project has satisfied its obligation for school facilities. 22 b. 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. 23 8. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal 24 Code Section 14.28.020 and Landscape Manual Section I B). 25 9. 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 27 degree of the exaction is in rough proportionality to the impact caused by the project. 28 PCRESONO. 6513 -4- Conditions: 2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to approval of a 3 building or grading permit whichever occurs first. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be c 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 6 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 7 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 9 or a successor in interest by the City's approval of this Site Development Plan. 10 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Site Development Plan documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development 12 shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 13 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 14 regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment ] 5 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 17 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. 19 5. Developer shall implement, or cause the implementation of, the Villages of La Costa 20 Master Plan Program EIR 98-07 Project Mitigation Monitoring and Reporting Program. 21 „,, 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 23 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 24 or indirectly, from (a) City's approval and issuance of this Site Development Plan, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 25 (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 27 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 ^° approval is not validated. PCRESONO. 6513 -5- 7. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of 2 the Site Plan reflecting the conditions approved by the final decision-making body. 3 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 format (including any applicable Coastal Commission approvals). 9. Prior to the issuance of a building permit, the Developer shall provide proof to the 6 Director from the San Marcos School District that this project has satisfied its obligation to provide school facilities. 7 10. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 11 Local Facilities Management Plan and any amendments made to 9 that Plan prior to the issuance of building permits. 10 11. This approval is granted subject to Planning Director approval of DC 08-01 and is subject to all conditions contained in that approval incorporated herein by reference. 12 12. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 13 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 time of the application for the building permit, and that water and sewer capacity and \ 5 facilities will continue to be available until the time of occupancy. 17 14. 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 shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 20 15. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Department and accompanied by the ~~ project's building, improvement, and grading plans. 23 16. 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 24 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 11, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 27 17. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in PCRESONO. 6513 -6- substance as provided in Building Department Policy No. 80-6, to the satisfaction of the 2 Directors of Community Development and Planning. 3 18. Prior to the issuance of the grading or building permit, Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. 4 Said notice is to be filed in the office of the County Recorder, subject to the satisfaction c of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a(n) Site Development Plan by Resolution No. 6513 on the 6 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 7 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 good cause by the Developer 9 or successor in interest. 10 19. 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 H Code Chapter 21.105. Location of said receptacles shall be approved by the Planning j2 Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director. 13 20. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. 14 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 approved plan. 16 21. Developer shall submit and obtain Planning Director approval of an exterior lighting plan 17 including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property.18 i Q 22. Developer shall construct, install, and stripe not less than 62 parking spaces, as shown on Exhibit C. 20 23. The Developer shall obtain and maintain in good standing all licenses, permits, and/or 21 approvals required by state law to operate as a Child Day Care Center, and shall file proof ~_ of same with the Planning Director prior to issuance of the Certificate of Occupancy and, thereafter filing proof of any extensions or modifications to the permit. 23 24. Shade structures shall be provided over the two proposed play equipment areas as 24 shown on the site plan. The design and color of the shade structure shall be subject to the review and approval of the Planning Director. £i3 25 25. Shade trees shall be located behind the retaining wall on the south and west sides of the project. Trees shall be installed in 24" box sizes at an average of 20' on center. 27 The type and location shall be subject to approval by the Planning Director. 28 26. Landscape elements over 30" in height (including planting measured at maturity) shall not be allowed at driveways as measured 25' from the edge of the apron PCRESONO. 6513 -7- outward along the curb then 45-degrees in toward the property. Sight lines shall be 2 shown and labeled on the construction drawings. Appropriate size trees are allowed within this zone with the canopies held to an 8' minimum height so as not to 3 obstruct sight lines. ^ 27. Shrubs located between Private Drive A and the parking lot shall be revised to a r shrub that can be maintained at a minimum 3' height. 6 Engineering: 7 General 8 28. Prior to hauling dirt or construction materials to or from any proposed construction site 9 within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 10 29. Developer shall install sight distance corridors at all street intersections and driveways in 1 1 accordance with City Engineering Standards. 12 Fees/Agreements 13 30. Developer shall cause property owner to execute and submit to the City Engineer for 14 recordation, the City's standard form Geologic Failure Hold Harmless Agreement. 31. Developer shall cause property owner to execute and submit to the City Engineer for 15 recordation the City's standard form Drainage Hold Harmless Agreement. 17 32. 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 Management Practice Maintenance Agreement for the perpetual maintenance of all jo 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, 20 whichever occurs first for this Project. 21 33. Prior to approval of any grading or building permits for this project, Developer shall „ cause Owner to give written consent to the City Engineer for the annexation of the area shown within the boundaries of the site plan into the existing City of Carlsbad Street 23 Lighting and Landscaping District No. 1 and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be on a 24 form provided by the City Engineer. 25 Grading 26 34. Based upon a review of the proposed grading and the grading quantities shown on the site 27 plan, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports, for City Engineer review, and shall pay all applicable 2° grading plan review fees per the City's latest fee schedule. PCRESONO. 6513 -8- 35. 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 36. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer 4 receipt of a Notice of Intention from the State Water Resources Control Board. 37. Prior to the issuance of grading permit or building permit, whichever occurs first, 6 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 7 and provisions established by the San Diego Region of the California Regional Water 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 9 runoff during construction of the project. 10 38. Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban 11 Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego , 2 Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code all to the satisfaction of the City Engineer. 13 39. Developer shall incorporate Low Impact Development (LID) design techniques, on all 14 final design plans submitted to the City, to reduce the amount of run-off by mimicking the natural hydrologic function of the site by preserving natural open-spaces and natural drainage channels, minimizing impervious surfaces, promoting infiltration and j g 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 17 (Stormwater Management Strategies). LID techniques include, but are not limited to: vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the * ° volume, peak flow rate, velocity and pollutants. 19 Dedications/Improvements 20 40. Developer shall design the private streets, as shown on the site plan to the satisfaction of 21 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 shall be inspected by the City. Developer shall pay the standard improvement plan check and inspection fees for 23 private streets. 24 41. Developer shall design the private drainage systems, as shown on the site plan to the satisfaction of the City Engineer. All private drainage systems (12" diameter storm drain 25 and larger) shall be inspected by the City. Developer shall pay the standard improvement 2g plan check and inspection fees for private drainage systems. 27 42. Developer shall design, and obtain approval from the City Engineer, the structural section for the access aisles with a traffic index of 5.0 in accordance with City Standards due to 28 truck access through the parking area and/or aisles with an ADT greater than 500. Prior to completion of grading, the final structural pavement design of the aisle ways shall be PCRESONO. 6513 -9- submitted together with required R-value soil test information subject to the review and 2 approval of the City Engineer. 3 43. Developer shall design all proposed public improvements including but not limited to recycled water services/meters as shown on the Site Development Plan. These ^ improvements shall be shown on one of the following, subject to City Engineer approval: A. Grading plans processed in conjunction with this project; or 6 B. Construction Revision to an existing record public improvement drawing. 7 £ 44. Developer shall pay plan check and inspection fees using improvement valuations in accordance with the City's current fee schedule. Developer shall apply for and obtain a 9 right-of-way permit prior to performing work in the City right-of-way. 10 Utilities 45. Developer shall meet with the Fire Marshal to determine if fire protection measures (fire 12 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 13 public water mains to the satisfaction of the District Engineer. 46. The Developer shall meet with and obtain approval from the Vallecitos Water District , c regarding potable water infrastructure available or required to serve this project. 16 47. The Developer shall meet with and obtain approval from the Vallecitos Sewer District regarding sewer infrastructure available or required to serve this project. 17 48. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. 19 49. The Developer shall design landscape and irrigation plans utilizing recycled water as a 20 source and prepare and submit a colored recycled water use map to the Planning Department for processing and approval by the District Engineer. 22 50. Developer shall install potable water and/or recycled water services and meters at locations approved by the District Engineer. The locations of said services shall be 23 reflected on public improvement plans. 24 51. The Developer shall install sewer laterals and clean-outs at locations approved by the City Engineer. The locations of sewer laterals shall be reflected on public improvement plans. £* +J 26 52. The Developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the site plan to the satisfaction of the District Engineer 27 and City Engineer. 28 PCRESONO. 6513 -10- Fire Department: 2 53. An automatic fire sprinkler system shall be installed in the building. A backflow 3 preventer shall be installed between the public water service main and the base of the fire sprinkler riser. The Double Check Detector Assembly (DCDA) shall be located no less than 40 lineal feet (LF) from any point of the building and no more c than 90 LF from a fire hydrant. 6 54. No trees shall be planted in the immediate vicinity of either the fire hydrant or the DCDA. 7 Code Reminders o 9 The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 10 55. Developer shall pay a landscape plancheck and inspection fee as required by Section 1 l 20.08.050 of the Carlsbad Municipal Code. 12 56. Approval of this request shall not excuse compliance with all applicable sections of the 13 Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 14 57. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 16 58. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 17 Code Section 18.04.320. * ° 59. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and the Villages of La Costa Master Plan and shall require review and approval of the Planning Director prior to installation of such signs. 20 60. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and 21 Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the site plan are for planning purposes only. 23 24 25 26 27 28 PCRESONO. 6513 -11- 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 i j 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 Commission of the City of Carlsbad, California, held on November 19, 2008, by the following 15 vote, to wit: 16 AYES: Commissioners Baker, Boddy, Cardosa, Dominguez, Douglas, Montgomery, and Chairperson Whitton 18 NOES: 19 ABSENT: 20 ABSTAIN:21 22 23 FRANK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION 24 25 ATTEST: 26 27 28 DON NEU Planning Director PCRESONO. 6513 -12-