HomeMy WebLinkAbout2009-06-03; Planning Commission; Resolution 65671 PLANNING COMMISSION RESOLUTION NO. 6567
2
A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO CONSTRUCT A
4 PROFESSIONAL CARE FACILITY WITH 50 ROOMS AND 82
5 BEDS, BASEMENT SERVICE AREA, AND COMMON
DINING AND RECREATION ROOMS ON A PREVIOUSLY
6 GRADED 2.5-ACRE PROPERTY LOCATED IN PLANNING
AREA 15 OF THE BRESSI RANCH MASTER PLAN NORTH
7 OF PARADISE ROAD, SOUTH OF TOWN GARDEN ROAD,
EAST OF COTTAGE DRIVE, AND WEST OF NYGAARD
8 STREET IN LOCAL FACILITIES MANAGEMENT ZONE 17.
9 CASE NAME: BRESSI RANCH ASSISTED LIVING
CASE NO.: CUP 08-19
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WHEREAS, Health Care Group Inc., "Developer," has filed a verified
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application with the City of Carlsbad regarding property owned by Bressi Holding LLC, a
13 California Limited Liability Company, "Owner," described as
14 Lot 2 of Carlsbad Tract CT 03-03, in the City of Carlsbad,
County of San Diego, State of California, according to map
^ thereof No. 14800 on file in the Office of the County Recorder
j 6 of San Diego County, May 21,2004
17 ("the Property"); and
18 WHEREAS, said verified application constitutes a request for a Conditional Use
19 Permit as shown on Exhibits "A"-"L" dated June 3, 2009, on file in the Planning Department,
20 BRESSI RANCH ASSISTED LIVING - CUP 08-19, as provided by Chapter 21.42 and/or
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21.50 of the Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did, on June 3, 2009, hold a duly noticed
24 public hearing as prescribed by law to consider said request; and
25 WHEREAS, at said public hearing, upon hearing and considering all testimony
26 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
27 . relating to the CUP.
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1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2
Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.4
B) That based on the evidence presented at the public hearing, the Commission
APPROVES BRESSI RANCH ASSISTED LIVING - CUP 08-19, based on
5 the following findings and subject to the following conditions:
7 Findings:
Q 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
10 project will provide desirable professional care facilities for senior residents of
Carlsbad and that will contribute to the General Plan and Bressi Ranch Master
Plan goal of creating a socially integrated community. Additionally, harmony with
the General Plan is achieved in that the residential aspect of the project locates
residents of the facility near commercial services; the project will provide 50 rooms
13 for seniors with assistance needs, the existing infrastructure surrounding the project
site is sufficient to accommodate the number of professional care units proposed; all
14 public facilities including curb, gutter and sidewalk exist along the property
frontages on Nygaard Street, Cottage Drive, Paradise Road and Town Garden
Road; and the project is conditioned to prepare and implement a Storm Water
Pollution Prevention Plan (SWPPP) that will ensure BMPs are implemented.
17 2. That the requested use is not detrimental to existing uses or to uses specifically permitted
in the zone in which the proposed use is to be located in that the project is a
professional care facility for seniors that will not involve hazardous materials and
that is specifically allowed in mixed use commercial Planning Area 15 of the Bressi
Ranch Master. The average daily trips generated by the use are low and will
20 therefore not have adverse impacts to the surrounding road system. The use is
similar to the surrounding residential uses in that activity at the facility is typically
21 during the day and will therefore not conflict with the general night time character
of the neighborhood.
22
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,
24 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
25 other uses in the neighborhood, in that all of the required development standards of
the underlying Local Shopping Center zone and the Bressi Ranch Master Plan have
26 been accommodated including onsite parking, height limits and setbacks and no
27 special development considerations were needed to adjust the project for
compatibility with the neighborhood.
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That the street system serving the proposed use is adequate to properly handle all traffic
2 generated by the proposed use, in that the Bressi Ranch Master Plan assumed the
development of a professional care facility with 200 units which would generate a
3 greater number of project trips. The environmental impact report prepared for the
Bressi Ranch Master Plan analyzed the impacts of the larger project and no
significant adverse impacts to traffic were identified.
The Planning Director has determined that:
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a. the project is a subsequent activity of the Bressi Ranch Master Plan, a project
7 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 for the purposes of CEQA); [15168(c)(2) and (e)]; and/or
10 b. this project is consistent with the Master Plan cited above; and
c. the Bressi Ranch Master Plan EIR 98-04 was certified by the City Council on
July 9,2002, in connection with the prior project or plan; and
12 d. the project has no new significant environmental effect not analyzed as significant
in the prior EIR; and
e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR
14 under CEQA Guidelines Sections 15162 or 15163 exist; and
15 f. The Planning Commission finds that all feasible mitigation measures or project
alternatives identified in the Bressi Ranch Master Plan EIR 98-04, which are
16 appropriate to this Subsequent Project, have been completed, incorporated into
the project design or are required as conditions of approval for this Subsequent
Project.
18 6. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
19 Facilities Management Plan for Zone 17 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 facilities; libraries; government administrative facilities; and open space,
22 related to the project will be installed to serve new development prior to or concurrent
with need.
23
. That all necessary public facilities required by the Growth Management Ordinance will
be constructed or are guaranteed to be constructed concurrently with the need for them
created by this project and in compliance with adopted City standards, in that the project
is being proposed and will be implemented consistent with the requirements of the
26 Bressi Ranch Master Plan and Zone 17 Local Facilities Management Plan.
27 g. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
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9. The Planning Commission has reviewed each of the exactions imposed on the Developer
2 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
3 degree of the exaction is in rough proportionality to the impact caused by the project.
4 Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of
a grading permit or building permit, whichever occurs first.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
q 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
10 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
11 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.
IT 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Conditional Use Permit documents, as necessary to make them
14 internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development,
15 different from this approval, shall require an amendment to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
1 7 regulations in effect at the time of building permit issuance.
18 4. If any condition for construction of any public improvements or facilities, or the payment
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 unless the City Council determines that the project without the condition complies
21 with all requirements of law.
22 5. Developer shall comply with all applicable Mitigation Measures of the Bressi Ranch
Master Plan Program Environmental Impact Report (EIR 98-04) Project Mitigation
Monitoring and Reporting Program.
24 6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
25 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
26 and costs, including court costs and attorney's fees incurred by the City arising, directly
or indirectly, from (a) City's approval and issuance of this Conditional Use Permit,
(b) City's approval or issuance of any permit or action, whether discretionary or
28 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
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facility of electromagnetic fields or other energy waves or emissions. This obligation
2 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
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7. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
the Site Plan reflecting the conditions approved by the final decision-making body.
8. Developer shall include, as part of the plans submitted for any permit plancheck, a
5 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
format.
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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
obligation to provide school facilities.
10 10. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 17 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
12 11. This approval shall become null and void if building permits are not issued for this
13 project within 48 months from the date of project approval.
14 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
facilities will continue to be available until the time of occupancy.
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13. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
18 #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
20 Local Facilities Management Plan fee for Zone 17, 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
21 approval will not be consistent with the General Plan and shall become void.
22 14. Prior to the issuance of a building permit, Developer shall submit to the City a Notice of
Restriction executed by the owner of the real property to be developed. Said notice is to
be filed in the office of the County Recorder, subject to the satisfaction of the Planning
24 Director, notifying all interested parties and successors in interest that the City of
Carlsbad has issued a(n) Conditional Use Permit by Resolution No. 6567 on the
25 property. Said Notice of Restriction shall note the property description, location of the
file containing complete project details and all conditions of approval as well as any
conditions or restrictions specified for inclusion in the Notice of Restriction. The
Planning Director has the authority to execute and record an amendment to the notice
which modifies or terminates said notice upon a showing of good cause by the Developer
28 or successor in interest.
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15. CUP 08-19 shall be reviewed by the Planning Director annually to determine if all
2 conditions of this permit have been met and that the use does not have a substantial
negative effect on surrounding properties or the public health, safety and general welfare.
3 If the Planning Director determines that: 1) the Conditional Use Permit was obtained by
fraud or misrepresentation; or 2) the use for which such approval was granted is not being
exercised; or 3) the Conditional Use Permit is being or recently has been exercised
<- contrary to any of the terms or conditions of approval or the conditions of approval have
not been met; or 4) the use for which such approval was granted has ceased to exist or has
6 been suspended for one year or more; or 5) the use is in violation of any statute,
ordinance, law or regulation; or 6) the use permitted by the Conditional Use Permit is
7 being or has been so exercised as to be detrimental to the public health, safety or welfare
or so as to constitute a nuisance, the Planning Director shall recommend that the Planning
Commission hold a public hearing and after providing the permittee the opportunity to be
n heard, the Planning Commission may revoke and terminate the Conditional Use Permit in
whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose
10 new conditions.
11 16. This Conditional Use Permit is granted without an expiration date. This permit may be
revoked at any time after a public hearing, if it is found that the use has a substantial
detrimental effect on surrounding land uses and the public's health and welfare, or the
j 3 conditions imposed herein have not been met.
14 17. 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.
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18. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
18 landscape plancheck process on file in the Planning Department and accompanied by the
project's building, improvement, and grading plans.
2Q 19. 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
21 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
22 designed to enhance or be consistent with basic architectural theme of the project.
23 20. All roof appurtenances, including air conditioners, shall be architecturally integrated and
24 concealed from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
25 Directors of Community Development and Planning.
21. 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
Code Chapter 21.105. Location of said receptacles shall be approved by the Planning
28 Director. Enclosure shall be of similar colors and/or materials to the project to the
satisfaction of the Planning Director.
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22. No outdoor storage of materials shall occur onsite unless required by the Fire Chief.
2 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
3 approved plan.
23. Developer shall submit and obtain Planning Director approval of an exterior lighting plan
<- including surface parking areas, pathway lighting, security lighting, and decorative
lighting. All lighting shall be designed to reflect downward and avoid any impacts on
6 adjacent homes or property.
7 24. Developer shall post aircraft noise notification signs in all sales and/or rental offices
associated with the new development. The number and locations of said signs shall be
approved by the Planning Director (see Noise Form #3 on file in the Planning
Department).
10 Engineering:
25. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
13
26. This project is approved upon the express condition that building permits will not be
14 issued for the development of the subject property, unless the District Engineer has
determined that adequate water and sewer facilities are available at the time of permit
issuance.
27. Developer shall submit to the Planning Director, a reproducible 24" x 36", mylar copy of
the Site Plan and conceptual grading plan reflecting the conditions approved by the final
decision making body. The reproducible shall be submitted to the Planning Director,
18 reviewed and, if acceptable, signed by the City's project engineer and project planner
prior to submittal of the building plans, improvement plans, or grading plans whichever
occurs first.
20 28. Developer shall install sight distance corridors at all street intersections and driveways in
21 accordance with City Engineering Standards.
22 Fees/Agreements
23 29. Developer shall cause property owner to execute and submit to the City Engineer for
24 recordation the City's standard form Drainage Hold Harmless Agreement.
25 30. Developer shall cause property owner to process, execute and submit an executed copy to
the City Engineer for recordation a City standard Permanent Stormwater Quality Best
Management Practice Maintenance Agreement for the perpetual maintenance of all
~~ 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,
28 whichever occurs first for this Project.
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Grading
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31. Based upon a review of the proposed grading and the grading quantities shown on the
3 site 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
^ grading plan review fees per the City's latest fee schedule.
32. Developer shall apply for and obtain a grading permit from the City Engineer. Developer
6 shall pay all applicable grading permit fees per the City's latest fee schedule and shall
post security per City Code requirements.
7
33. Developer shall comply with the City's Storm water Regulations, latest version, and shall
implement best management practices at all times. Best management practices include
g but are not limited to pollution treatment practices or devices, erosion control to prevent
silt runoff during construction, general housekeeping practices, pollution prevention and
10 educational practices, maintenance procedures, and other management practices or
devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or
11 stormwater conveyance system to the maximum extent practicable. Developer shall
notify prospective owners and tenants of the above requirements.
13 34. 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.
14
35. Developer shall complete and submit to the City Engineer a Project Threat Assessment
15 Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF,
., Developer shall also submit the appropriate Tier level Storm Water Compliance form and
Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the
17 completed PTAF all to the satisfaction of the City Engineer.
18 36. Developer shall submit for City approval a "Storm Water Management Plan (SWMP)."
The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
19 Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego
2Q Region of the California Regional Water Quality Control Board and City of Carlsbad
Municipal Code all to the satisfaction of the City Engineer.
21
37. Developer shall incorporate Low Impact Development (LID) design techniques, on all
22 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
24 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
25 (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.
27 Dedications/Improvements
28
38. 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
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and larger) shall be inspected by the City. Developer shall pay the standard improvement
2 plan check and inspection fees for private drainage systems.
3 39. Developer shall design all proposed public improvements including but not limited to
sewer laterals, streetlights, pedestrian ramps, driveways, sidewalk, water services/meters,
4 removal or reconstruction of water mains, curb drains, etc. as shown on the site plan.
<- These improvements shall be shown on one of the following, subject to City Engineer
approval:
6 a. Grading plans processed in conjunction with this project; or
7 b. Construction Revision to an existing record public improvement drawing, or
c. 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 right-of-way permit prior to performing work in the City right-of-way.
10 40. 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
11 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
12 submitted together with required R-value soil test information subject to the review and
,-, approval of the City Engineer.
14 Utilities
15 41. Developer shall meet with the Fire Marshal to determine if fire protection measures (fire
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
17 public water mains to the satisfaction of the District Engineer.
18 42. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities.
19
,.„ 43. The Developer shall design landscape and irrigation plans utilizing recycled water as a
source and prepare and submit a colored recycled water use map to the Planning
21 Department for processing and approval by the District Engineer.
22 44. 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
reflected on public improvement plans.
24 45. The Developer shall install sewer laterals and clean-outs at locations approved by the
25 City Engineer. The locations of sewer laterals shall be reflected on public improvement
plans.
26
Code Reminders;
2g The project is subject to all applicable provisions of local ordinances, including but not
limited to the following:
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46. Developer shall pay a landscape plancheck and inspection fee as required by Section
2 20.08.050 of the Carlsbad Municipal Code.
3 47. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
48. The project shall comply with the latest nonresidential disabled access requirements
5 pursuant to Title 24 of the California Building Code.
7 49. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.8
n 50. Any signs proposed for this development shall at a minimum be designed in conformance
with the City's Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
11 51, Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and
Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily
Trips (ADT) and floor area contained in the staff report and shown on the site plan are for
j3 planning purposes only.
14 NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees,
16 dedications, reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
17
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
19 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
20 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
21
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,
23 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
24 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 June 3, 2009 by the following vote, to
wit:
AYES:
NOES:
Commissioners Boddy, Dominguez, Douglas, L'Heureux, and
Chairperson Montgomery
ABSENT: Commissioner Baker
ABSTAIN:
MONTG(
CARLSBAD PLANNI
ATTEST:
erson
ION
DON NEU
Planning Director
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