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HomeMy WebLinkAbout2009-09-16; Planning Commission; Resolution 66291 PLANNING COMMISSION RESOLUTION NO. 6629 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF SITE DEVELOPMENT PLAN AMENDMENT 4 SDP 96-14(C) TO DEVELOP A 254 ROOM HOTEL, 5 RESTAURANT, AND RETAIL USES WITHIN THE PARKING LOT OF THE LEGOLAND CALIFORNIA THEME PARK ON 6 PROPERTY GENERALLY LOCATED NORTH OF PALOMAR AIRPORT ROAD, SOUTH OF CANNON ROAD, EAST OF 7 ARMADA DRIVE AND WEST OF THE CROSSINGS DRIVE IN THE MELLO II SEGMENT OF THE LOCAL COASTAL 8 PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 9 13. CASE NAME: LEGOLAND HOTEL CALIFORNIA 10 CASE NO.: SDP96-14CC) 11 WHEREAS, Merlin Entertainment Group US Holdings, "Developer," and 12 "Owner," has filed a verified application with the City of Carlsbad regarding property described 13 as 14 Lots 18 and 19 of Carlsbad Tract Map 94-09 Units 2 and 3, in the City of Carlsbad, County of San Diego, State of California, 16 according to map thereof no. 13408, filed in the Office of the County Recorder of San Diego, April 1, 1997 as file number 1997- 17 147754 18 ("the Property"); and 19 WHEREAS, said verified application constitutes a request for a Site Development 20 Plan Amendment as shown on Exhibits "A" - "H" dated September 16, 2009, on file in the 21 Planning Department, LEGOLAND HOTEL CALIFORNIA - SDP 96-14(C) as provided by 23 Chapter 21.06/Section 21.53.120 of the Carlsbad Municipal Code; and 24 WHEREAS, the Planning Commission did, on September 16, 2009, hold a duly 25 noticed public hearing as prescribed by law to consider said request; and 26 WHEREAS, at said public hearing, upon hearing and considering all testimony 27 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 28 relating to the Site Development Plan Amendment. WHEREAS, on January 18, 2006, the Planning Commission approved, SDP 2 96-14(B), as described and conditioned in Planning Commission Resolution No. 6025. 3 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 4 - Commission of the City of Carlsbad as follows: 6 A) That the foregoing recitations are true and correct. 7 B) That based on the evidence presented at the public hearing, the Planning Commission RECOMMENDS APPROVAL of LEGOLAND HOTEL CALIFORNIA - SDP 96-14(C) based on the following findings and subject to 9 the following conditions: 10 Findings: 1. That the requested use is properly related to the site, surroundings and environmental 12 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 13 the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the project is consistent with the various elements and 14 objectives of the General Plan since the proposed project falls within an approved ,. and amended Specific Plan (Carlsbad Ranch Specific Plan), which was found to be consistent with the General Plan. The requested improvements are properly related 16 to the site surroundings and the environmental setting in that the project design complies with the development standards and design requirements of the Carlsbad 17 Ranch Specific Plan. The design provisions of SP 207(H) requires the hotel to be located and oriented towards the main park entry, have an articulated design, and be constructed of durable, high quality building materials. The proposed hotel 19 building articulates to form a shallow S-shape adjacent to the entry plaza of the park entrance. The hotel includes design elements such as white stucco walls, 20 balconies with metal railings, balcony covers, and a pitched roof design with a variety of roof lines constructed with a tile roof and exposed rafter tails. The roof -' has a green shade which blends with the other park buildings and landscaping. The ~~ building also incorporates Lego themed elements and figures. The project will provide adequate on and off-site access and parking. The location of the hotel will 23 not disrupt the existing vehicular circulation on the site. Further, the proposed uses are compatible with the existing theme park recreation uses in the area; therefore, 24 the adjacent properties will not be adversely impacted. 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that the subject site is adequate in size and shape to accommodate the proposed hotel and the proposed uses comply with the required development and design standards 27 of the Carlsbad Ranch Specific Plan and no variances to standards are proposed. The addition of the hotel, restaurant, and retail uses will increase the total Legoland 28 Park building coverage up to 5.2% whereas 50% is allowed. The hotel site is PC RESO NO. 6629 -2- conveniently located adjacent to the Legoland California Theme Park and 2 convenient access and parking is provided. 3 3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that the site functions as a component of the Specific <- Plan's allowed commercial tourist serving uses. The project has been designed in accordance with all development and design standards of the Specific Plan; 6 therefore, the project is compatible with existing Legoland California Theme Park and potential future commercial tourist uses. Furthermore, the proposed hotel will be setback from the southern property line (abuts Palomar Airport Road) a minimum of 1,187 feet and adequate circulation, access aisles, parking spaces, and landscaping will be provided and maintained. The Legoland California Theme 9 Park has previously requested structures over 35 feet in height and has accordingly provided the increased landscaped setbacks to allow buildings up to 45 feet in 10 height. 4. That the street systems serving the proposed use are adequate to properly handle all traffic generated by the proposed use, in that primary access to the site will continue to be provided from Cannon Road. A small amount of traffic will be generated by the 13 hotel use on Palomar Airport Road once guests have checked into the hotel and are provided access via the gate controlled entrance off The Crossings Drive. There are 14 no near term traffic impacts within the project vicinity, but cumulative impacts to the intersection of Palomar Airport Road and Paseo Del Norte have been identified by 2030. The project has been conditioned to mitigate this future impact in the form of monetary contributions to road improvements which consist of a new right turn lane from eastbound Palomar Airport Road to southbound Paseo del Norte. As 17 such, the street system serving the proposed use will be adequate to handle the increase in traffic generated by the proposed project. 18 5. The Planning Director has determined that:19 20 a. The project is a project for which a Mitigated Negative Declaration was previously adopted [15162]; 21 b. this project is consistent with the project cited above; 22 c. Mitigated Negative Declaration Legoland Hotel California (SP 207(H)) for the associated Local Coastal Program and Specific Plan Amendments as well as this 24 hotel project was adopted by City Council Resolution No. 2009-047 in connection with the prior project or plan; 25 d. the project has no new significant environmental effect not analyzed as significant in the prior Mitigated Negative Declaration; and 27 e. none of the circumstances requiring a Subsequent Mitigated Negative Declaration 28 under CEQA Guidelines Sections 15162 or 15163 exist. PC RESO NO. 6629 -3- ^ The project is consistent with the Citywide Facilities and Improvements Plan, the Local 2 Facilities Management Plan for Zone 13 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or 3 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. 7. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan-Palomar Airport (ALUCP), dated October 2004, in that the Developer has 7 previously recorded 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 matrix of the ALUCP, the proposed land use is compatible with the airport, in that on February 25, 2009, the Airport Land Use Commission issued a consistency determination and found the project conditionally consistent with the ALUCP, with 10 sound attenuation from airport operations being the only condition. 11 8. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B).12 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 14 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. 15 Conditions: 16 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to prior to approval of a building or grading permit whichever occurs first. 18 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 19 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 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 22 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 23 or a successor in interest by the City's approval of this Site Development Plan ». Amendment. 25 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Site Development Plan Amendment documents, as necessary 26 to make them 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, different from this approval, shall require an amendment to this approval. 28 PC RESO NO. 6629 -4- 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 2 regulations in effect at the time of building permit issuance. 3 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 with 6 all requirements of law. 5. Developer shall implement, or cause the implementation of, the Legoland Hotel California Project (SP 207(H)/LCPA 08-01/SDP 96-14(C)/CDP 96-16(C)) Mitigation Monitoring and Reporting Program per Planning Commission Resolution Number 9 6524. 10 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 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 or indirectly, from (a) City's approval and issuance of this Site Development Plan 13 Amendment, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 1, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation 16 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 17 7. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar copy of the Site Plan reflecting the conditions approved by the final decision-making 19 body. 20 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). 22 9. Prior to the issuance of a building permit, the Developer shall provide proof to the 23 Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 24 10. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 13 Local Facilities Management Plan and any amendments made to 26 that Plan prior to the issuance of building permits. 27 11. This approval is granted subject to the approval of SP 207(H), LCPA 08-01, and CDP 96-16(C) and is subject to all conditions contained in Planning Commission Resolutions No. 6525, 6526, and 6630 for those other approvals incorporated herein by reference. PC RESO NO. 6629 .5. 12. This approval shall become null and void if building permits are not issued for this 2 project within three (3) years from the date of project approval. 3 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 e 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. 6 14. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 7 #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 9 Local Facilities Management Plan fee for Zone 13, 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 10 approval will not be consistent with the General Plan and shall become void. 15. Developer shall submit and obtain Planning Director approval of a Final Landscape and j2 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping as 13 shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 14 16. 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 15 project's building, improvement, and grading plans. 17 17. 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 Planning Director. Said facilities, if required, shall be free from advertising and shall at a in 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. 20 18. All roof appurtenances, including air conditioners, shall be architecturally integrated and 21 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 Directors of Community Development and Planning. 23 19. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. 24 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. 26 20. Developer shall submit and obtain Planning Director approval of an exterior lighting plan 27 including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. 28 PC RESO NO. 6629 -6- 21. Developer shall submit to the City a Notice of Restriction executed by the owner of the 2 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 Director, notifying all interested 3 parties and successors in interest that the City of Carlsbad has issued a(n) Site Development Plan Amendment by Resolution No. 6629 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete r 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 6 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 or successor in interest. 7 22. Developer shall construct, install, and stripe not less than 4,129 parking spaces, as shown on Exhibit "A" - "H". 9 Engineering: 10 NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to approval of a building or j2 grading permit whichever occurs first. 13 General 14 23. 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. 16 24. This project is approved upon the express condition that building permits will not be 17 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 101 ° issuance. 19 25. Developer shall submit to the Planning Director, a reproducible 24" x 36", mylar copy of 20 the Site Plan and conceptual Grading Plan, Preliminary Utility Plan reflecting the conditions approved by the final decision making body. The reproducible shall be 21 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 plans, improvement plans, grading plans, or final map, whichever occurs first. 23 26. Prior to approval of Improvement Plans, Grading Plans or Final Map, Developer shall 24 submit to the City Engineer written approval from North County Transit District (NCTD) demonstrating mass-transit improvement requirements for this project have been 25 satisfied. ^) f\Fees/Agreements 27 27. Developer shall cause property owner to execute and submit to the City Engineer for 28 recordation, the City's standard form Geologic Failure Hold Harmless Agreement. PC RESO NO. 6629 -7- 28. Developer shall cause property owner to execute and submit to the City Engineer for 2 recordation the City's standard form Drainage Hold Harmless Agreement. 3 29. 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 c 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, 6 whichever occurs first for this Project. 30. Prior to building permit issuance, the developer shall pay a pro-rata fair share contribution towards construction of a dedicated right-turn lane from eastbound Palomar Airport Road to southbound Paseo del Norte. The pro-rata fair share 9 contribution shall be eight and two-tenths percent (8.2%) of the actual cost to design and construct the improvements to the satisfaction of the City Engineer. If 10 construction of the right-turn lane is incorporated into the City's Traffic Impact Fee (TIF) program, the payment of TIF will satisfy this condition. 12 Grading 13 31. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a grading permit for this project is required. Developer shall prepare and submit 14 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. 16 32. Developer shall apply for and obtain a grading permit from the City Engineer. Developer shall pay all applicable grading permit fees per the City's latest fee schedule and shall 17 post security per City Code requirements. 1 R 33. Developer shall include in the grading plan the measures to be taken for the I o protection of the "Phase 2 Hotel Expansion" area as shown on the site plan. 20 34. Developer shall submit a design of protection measures to be used for the existing 36" storm drain remaining under the building, as shown on the site plan, to the satisfaction of the City Engineer. The submittal shall include an analysis by a soils __ engineer and/or structural engineer of the proposed protection measures. 23 35. Prior to approval of the grading plan, Developer shall obtain approval from the appropriate service provider for the removal, relocation, or protection measures of 24 existing services within the project boundary, and for the quitclaim of conflicting underlying easements, if any. £i O 36. Developer shall comply with the City's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include 27 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 PC RESO NO. 6629 -8- stormwater conveyance system to the maximum extent practicable. Developer shall notify 2 prospective owners and tenants of the above requirements. 3 37. 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. 4 ~ 38. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a Tier 3 Storm Water Pollution Prevention Plan 6 (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 7 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 runoff during construction of the project. 9 39. Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." 10 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 * Region of the California Regional Water Quality Control Board and City of Carlsbad 12 Municipal Code all to the satisfaction of the City Engineer. 13 40. 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 14 the natural hydrologic function of the site by preserving natural open-spaces and natural drainage channels, minimizing impervious surfaces, promoting infiltration and 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 (Stormwater Management Strategies). LID techniques include, but are not limited to: 17 vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the volume, peak flow rate, velocity and pollutants.18 19 Dedications/Improvements 20 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 21 and larger) shall be inspected by the City. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. 23 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 24 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 submitted together with required R-value soil test information subject to the review and approval of the City Engineer. 27 Utilities 28 43. 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 PC RESO NO. 6629 -9- hydrants, if proposed, shall be considered public improvements and shall be served by 2 public water mains to the satisfaction of the District Engineer. 3 44. Developer shall design and construct public facilities within public right-of-way or within minimum 20-foot wide easements granted to the District or the City of Carlsbad. At the ^ discretion of the District or City Engineer, wider easements may be required for adequate c maintenance, access and/or joint utility purposes. 6 45. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. 7 46. The Developer shall design landscape and irrigation plans utilizing recycled water as a source and prepare and submit a colored recycled water use map to the Planning 9 Department for processing and approval by the District Engineer. 10 47. 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. 12 48. The Developer shall install sewer laterals and clean-outs at locations approved by the City 13 Engineer. The locations of sewer laterals shall be reflected on public improvement plans. 14 49. 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 and City Engineer. 16 Code Reminders; 17 50. Developer shall pay a landscape plancheck and inspection fee as required by Section 18 20.08.050 of the Carlsbad Municipal Code. 19 51. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and 20 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 21 planning purposes only. 22 52. This project shall comply with all conditions and mitigation measures which are required 23 as part of the Zone 13 Local Facilities Management Plan and any amendments made to that Plan; specifically, the developer shall pay a growth management park fee of 40 cents 24 per square foot of non-residential development to the City prior to the issuance of building permits, as required by the Zone 5 Local Facilities Management Plan. /-, 3 2ft 53. 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 27 permit issuance, except as otherwise specifically provided herein. 28 54. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. PC RESO NO. 6629 -10- 55. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 2 Code Section 18.04.320. 3 56. 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. NOTICE 6 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 g "fees/exactions." 9 You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), >and file the protest and any other required information with the City Manager for 11 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 12 annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 1 . 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 15 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 16 expired. 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6629 -11- 1 2 3 4 5 6 7 8 9 10 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on September 16, 2009, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Commissioners Baker, Dominguez, Douglas, L'Heureux, Nygaard, Schumacher, and Chairperson Montgomery MARTELL B. MONTGOMERY, Mrperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6629 -12-