HomeMy WebLinkAbout2017-06-21; Planning Commission; Resolution 7251
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN AND
COASTAL DEVELOPMENT PERMIT FOR THE DEMOLITION OF A 18,800
SQUARE FOOT AUTO DEALERSHIP AND THE CONSTRUCTION OF A 71,614
SQUARE FOOT AUTO DEALERSHIP, INCLUDING A ROOFTOP PARKING
STRUCTURE, LOCATED ON A 1.51-ACRE LOT AT 6800 AVENIDA ENCINAS
WITHIN THE OCCIDENTAL-JEWITT SPECIFIC PLAN, THE MELLO I SEGMENT
OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES
MANAGEMENT ZONE 22.
CASE NAME: HOEHN PORSCHE
CASE NO.: SDP 2017-0001/CDP 2017-0005 (DEV 2017-0015)
WHEREAS, Hoehn Group, LLC, “Developer/Owner,” has filed a verified application with
the City of Carlsbad regarding property described as
Lot 16 of Carlsbad Tract 81-5 in the City of Carlsbad, County of San
Diego, State of California, according to map thereof No. 10899, filed in
the Office of the County Recorder of San Diego County, April 11, 1984.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development Plan and
Coastal Development Permit as shown on Exhibits “A – AA” dated June 21, 2017, on file in the Planning
Division, SDP 2017-0001/CDP 2017-0005– HOEHN PORSCHE as provided by Chapter 21.06 and 21.201.040
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on June 21, 2017, hold a duly noticed public
hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to
the Site Development Plan and Coastal Development Permit.
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.
B) That based on the evidence presented at the public hearing, the Planning Commission
APPROVES SDP 2017-0001/CDP 2017-0005– HOEHN PORSCHE based on the following
findings and subject to the following conditions:
PLANNING COMMISSION RESOLUTION NO. 7251
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Findings:
Site Development Plan, SDP 2017-0001
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 traffic circulation, in that the
various goals and objectives of the General Plan will be implemented since the proposed project
falls within an approved Specific Plan, SP 186(E) (Occidental-Jewitt Specific Plan), which was
found to be consistent with the General Plan. The architecture of the new Porsche dealership
exhibits a contemporary style which allows for brand recognition. The net gain of 374 average
daily trips (ADTs) generated by this use can be accommodated on Avenida Encinas and the
surrounding intersections are operating at an acceptable level of service. Further, the proposed
automobile uses (repair, sales and inventory storage) are compatible with the existing
automobile dealership uses to the south of the project site. In addition, the property to the
north is vacant and Interstate 5 abuts the property to the east; therefore, the adjacent
properties will not be adversely impacted. Finally, the project is consistent with the Climate
Action Plan in that the net gain of 104 metric tons (MT) of carbon dioxide equivalent (CO₂E) is
below the threshold of 900 MT CO₂E.
2. That the site for the intended use is adequate in size and shape to accommodate the use, in that
the proposed automobile dealership complies with the required development and design
standards of Specific Plan 186(E), including the required setbacks, lot coverage, parking, and
building height.
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 proposed automobile sales, service, and auto-related uses are permitted
uses in Area C, the Automotive Retail District, of SP 186(E). The project has been designed in
accordance with all development and design standards of Specific Plan 186(E); therefore, the
project is compatible with existing permitted and future uses. Specifically, the proposed
dealership will be set back from the western (front) property line (abuts Avenida Encinas) a
minimum of 42 feet and a 30-foot average front yard landscaped setback will be provided. In
addition, adequate circulation, access aisles and parking spaces will be provided and
landscaping will assist in softening and screening the parking structure from Interstate 5 and
the adjacent land uses.
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 two private driveways located off Avenida Encinas. In addition, the street system serving
the proposed use will be adequate to handle the increase in traffic of 374 ADTs generated by
the proposed project.
Coastal Development Permit – CDP 2017-0005
5. That the proposed development is in conformance with the Mello I Segment of the Certified Local
Coastal Program (LCP) and all applicable policies in that the proposed Porsche dealership is
consistent with the LCP Land Use Plan, which designates the site General Commercial (GC) and
allows for auto-related land uses. Furthermore, no agricultural activities, sensitive resources,
geological instability, flood hazard, or coastal access opportunities exist onsite, and the
development does not obstruct views of the coastline as seen from public lands or public right-
of-way or otherwise damage the visual beauty of the coastal zone.
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6. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
Coastal Act in that the property is not located adjacent to the shoreline. Therefore, the project
will not interfere with the public’s right to physical access to the ocean and the site is not suited
for water-oriented recreation activities.
7. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone
(Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the city's Master
Drainage Plan, Grading Ordinance, Storm Water Ordinance, and the National Pollutant
Discharge Elimination System (NPDES) requirements to avoid increased urban run-off,
pollutants and soil erosion. In addition, the site is relatively flat and does not contain natural
steep slopes greater than 25 percent gradient; no native vegetation will be removed; and the
site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods
or liquefaction.
8. The project is not located in the Coastal Agriculture Overlay Zone, according to Map X of the Land
Use Plan, certified September 1990 and Agricultural Conversion Mitigation Fees are not required
in accordance with the provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the
Zoning Ordinance).
9. The project is not located between the sea and the first public road parallel to the sea and
therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay Zone
(Chapter 21.204 of the Zoning Ordinance).
10. The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements of the city’s General Plan and the Occidental-Jewitt Specific Plan based on the facts
set forth in the staff report dated June 21, 2017 including, but not limited to the following:
A. Land Use and Community Design – The proposed automobile dealership and
freestanding monument sign provide a regional and local commercial use which will
serve residents in the community and draw customers from outside the city, generate
tax revenue and jobs, and provide goods and services to residents in the city. The
proposed contemporary architectural design is consistent with the Occidental-Jewitt
Specific Plan, SP 186(E), which allows for contemporary architectural styles in Area C of
the Plan. The site is bordered by a vacant Planned Industrial and Office-zoned lot to the
north, Interstate 5 to the east, a Volvo dealership to the south; and apartments and a
three-story mixed use development to the west. The parking structure proposed in
conjunction with the development will provide adequate off-street parking and loading
facilities;
B. Mobility – Pursuant to a memo prepared by Michael Baker International (January 2017),
the project generates a net gain of 374 average daily trips (ADTs); the net gain factors
into account the demolition of the existing dealership, which includes the same number
of service repair bays. The additional traffic will not adversely impact the nearby
intersections and freeway on/off ramps. Further, the proposed project has been
designed to meet all of the circulation requirements and bike facilities will be provided
onsite. The project site is located approximately ¼ mile from the train/Coaster station
which provides service throughout the day. The project’s close proximity to the transit
stop will provide employees with the opportunity to commute to work, thereby
reducing vehicle miles traveled (VMTs) and the carbon footprint;
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C. Public Safety – The proposed building is designed to be in conformance with drainage,
flood control and seismic design standards. In addition, adequate fire access is provided
at all points around the building;
D. Noise – Pursuant to the Noise Analysis prepared for the project (Recon, January 2017),
the project is consistent with the Noise Element. Masonry construction with single-
glazed windows will achieve a noise level less than 50 CNEL. In addition, as the
proposed service area will be moved from an existing outdoor condition to an enclosed
building, the noise levels at the adjacent property line would be less than the existing
condition. Further, the service center operations are not anticipated to exceed 55 dB(A)
at the property line; and
E. Sustainability – Pursuant to the Greenhouse Gas Analysis prepared for the project
(RECON, January, 2017), the existing auto dealership generates 601 metric tons (MT) of
CO₂E and the proposed project will generate 705 MT of CO₂E. The net gain in MT of CO₂E
is 104, which is below the threshold of 900 MT CO₂E. Therefore, the project is consistent
with the Climate Action Plan.
General
11. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 22 and all city public policies and 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.
12. That the City Planner has determined that the project belongs to a class of projects that the State
Secretary for Resources has found do not have a significant impact on the environment, and it is
therefore categorically exempt from the requirement for the preparation of environmental
documents pursuant to Section 15332, In-Fill Development Projects, of the State CEQA
Guidelines as an infill development project. In making this determination, the City Planner has
found that the exceptions listed in Section 15300.2 of the State CEQA Guidelines do not apply to
this project.
13. That the project is consistent with the city’s Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
14. 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 degree
of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading
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 revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke, or further
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condition all certificates of occupancy 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 or a successor in interest by the city’s approval of this Site Development Plan and
Coastal Development Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Site Development Plan and Coastal Development Permit documents, as
necessary 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.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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 all requirements of law.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
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 and Coastal Development
Permit, (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, 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 survives until all legal proceedings have been concluded and
continues even if the city’s approval is not validated.
6. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever
occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Site Plan,
conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final
decision making body. The copy shall be submitted to the city planner, reviewed and, if found
acceptable, signed by the city's project planner and project engineer. If no changes were required,
the approved exhibits shall fulfill this condition.
7. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 22 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
8. 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.
9. 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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10. Developer shall pay the Citywide Public Facilities Fee imposed by City Council Policy #17, the
License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD
#1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section
5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone
22, 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.
11. Prior to the issuance of the grading permit, Developer shall submit to the city a Notice of
Restriction executed by the owner of the real property to be developed. Said notice is to be filed
in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all
interested parties and successors in interest that the City of Carlsbad has issued a Site
Development Plan and Coastal Development Permit, by Resolution No. 7251 on the property.
Said Notice of Restriction shall note the property description, location of the file containing
complete project details and all conditions of approval as well as any conditions or restrictions
specified for inclusion in the Notice of Restriction. The City Planner 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 or successor in interest.
12. All roof appurtenances, including air conditioners, shall be architecturally integrated and
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 Director of the
Community and Economic Development Department.
13. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan
showing conformance with the city’s Landscape Manual and the Occidental-Jewitt Specific Plan,
SP 186(E). 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.
14. The first submittal of the 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.
15. Developer shall construct, install and stripe not less than 12 customer and 34 employee parking
spaces as shown on Exhibits “A – AA”. The 12 customer parking spaces shall be signed or striped
to identify that the stalls are to be used for customers only.
16. 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 City Planner. Enclosure
shall be of similar colors and/or materials to the project to the satisfaction of the City Planner.
17. Prior to issuance of the building permits, the Developer shall submit and obtain City Planner
approval of an exterior lighting plan including parking areas. All lighting shall be designed to
reflect downward and avoid any impacts on the adjacent property, including Interstate 5 and
the residential uses to the west. In addition, lighting for the parking structure is limited to the
use of bollards or lighting attached to the interior of the parapet walls. Rooftop lighting shall
not exceed the height of the parapet wall.
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Engineering:
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 grading permit
whichever occurs first.
General
18. 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.
19. This project is approved upon the express condition that building permits will not be 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 and will continue
to be available until time of occupancy.
20. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Landscape Manual and City Engineering Standards. The property owner shall
maintain this condition.
21. Developer shall submit to the city engineer written approval from California Department of
Transportation (Caltrans) demonstrating the proposed improvements for this project are not in
conflict with the I-5 North Coast Corridor (NCC) project to the satisfaction of the city engineer.
Fees/Agreements
22. Developer shall cause property owner to execute and submit to the city engineer for recordation,
the city’s standard form Geologic Failure Hold Harmless Agreement.
23. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city’s standard form Drainage Hold Harmless Agreement.
24. Developer shall cause property owner to submit an executed copy to the city engineer for
recordation a city standard Permanent Stormwater Quality Best Management Practice
Maintenance Agreement.
Grading
25. 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 plans and technical
studies/reports for city engineer review, post security and pay all applicable grading plan review
and permit fees per the city’s latest fee schedule.
26. The developer shall comply with Soil Management Plan (SMP) prepared by Ninyo & Moore
dated January 16, 2017, if contaminated and/or potentially contaminated soils/materials are
encountered during grading. Developer shall obtain any necessary approval from Department
of Environmental Health.
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Storm Water Quality
27. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include but are
not limited to pollution control 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 stormwater conveyance system to the
maximum extent practicable. Developer shall notify prospective owners and tenants of the above
requirements.
28. Developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3
SWPPP). The TIER 3 SWPPP shall comply with current requirements and provisions established
by the San Diego Regional Water Quality Control Board and City of Carlsbad Requirements. The
TIER 3 SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff
during construction of the project to the maximum extent practicable. Developer shall pay all
applicable SWPPP plan review and inspection fees per the city’s latest fee schedule.
29. This project is subject to ‘Priority Development Project’ requirements. Developer shall prepare
and process a Storm Water Quality Management Plan (SWQMP), subject to city engineer
approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP
required by this condition shall be reviewed and approved by the city engineer with final grading
plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city’s
latest fee schedule.
30. Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
landscape plans, building plans, etc.) incorporate all source control, site design, treatment control
BMP, and Low Impact Design (LID) facilities.
Dedications/Improvements
31. 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 and larger shall be
inspected by the city. Developer shall pay the standard improvement plan check and inspection
fees for private drainage systems.
32. Developer shall design all proposed public improvements including but not limited to (sewer
laterals, driveways, curb & gutter and sidewalk, water services/meters, etc.) as shown on the site
plan. These improvements shall be shown on grading plans processed in conjunction with this
project. 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.
Utilities
33. 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 public water mains to
the satisfaction of the district engineer.
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34. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
35. 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 Department for processing
and approval by the district engineer.
36. Developer shall install potable water services and meters at locations approved by the district
engineer. The locations of said services shall be reflected on public improvement plans.
37. 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.
38. The developer shall design and construct public water, and sewer facilities substantially as shown
on the tentative map to the satisfaction of the district engineer and city engineer.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
39. 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 planning purposes only.
40. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 22 as required by Carlsbad Municipal Code Section 21.90.050.
41. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of
the Carlsbad Municipal Code.
42. 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.
43. The project shall comply with the latest nonresidential disabled access requirements pursuant to
Title 24 of the California Building Code.
44. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
45. Any signs proposed for this development shall at a minimum be designed in conformance with
the Occidental-Jewitt Specific Plan, SP 186(E), and shall require review and approval of the City
Planner prior to installation of such signs.
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NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village
Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission’s
decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in
writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal
prior to any judicial review.
NOTICE
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 “fees/exactions.”
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 processing in accordance with
Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent
legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other
similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute
of limitations has previously otherwise expired.
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