HomeMy WebLinkAbout2017-10-18; Planning Commission; Resolution 7270
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AND
SCENIC CORRIDOR SPECIAL USE PERMIT TO ALLOW FOR THE
CONSTRUCTION AND OPERATION OF AN 83,672 SQUARE FOOT, THREE-
STORY, SPLIT LEVEL, SELF-STORAGE FACILITY LOCATED ON THE
SOUTHEAST CORNER OF EL CAMINO REAL AND COUGAR DRIVE ON AN
APPROXIMATELY 1.5-ACRE SITE, ZONED INDUSTRIAL WITH THE
QUALIFIED DEVELOPMENT OVERLAY, WITHIN LOCAL FACILITIES
MANAGEMENT ZONE 5.
CASE NAME: WEST COAST SELF STORAGE
CASE NO.: CUP 2017-0004/SUP 2017-0001 (DEV2017-0088)
WHEREAS, Land Development, LLC, “Owner/Developer,” has filed a verified application
with the City of Carlsbad regarding property described as:
Parcel 3 as shown on Parcel Map No. 18059, in the City of Carlsbad,
County of San Diego, State of California, according to Map thereof filed
in the office of the County Recorder of San Diego County, July 2, 1998
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use Permit and
Special Use Permit as shown on Exhibit(s) “A” – “R” dated October 18, 2017, on file in the Planning
Division, CUP 2017-004/SUP 2017-0001 – WEST COAST SELF STORAGE, as provided by Chapter 21.42 and
21.40 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on October 18, 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 CUP.
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 Commission APPROVES
CUP 2017-0004/SUP 2017-0001 – WEST COAST SELF-STORAGE FACILITY, based on the
following findings and subject to the following conditions:
PLANNING COMMISSION RESOLUTION NO. 7270
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Findings:
Conditional Use Permit (CUP 2017-0004)
1. That the requested use is necessary or desirable for the development of the community, is
essentially in harmony with the various elements and objectives of the General Plan, and is not
detrimental to existing uses specifically permitted in the zone in which the proposed use is
located, in that the proposed self-storage facility will serve the adjacent industrial uses and local
residents and draw customers from throughout the city, and provide a necessary service. The
project will result in development of a currently vacant lot. The facility is in harmony with the
General Plan by providing desired storage space for the office and business uses in the industrial
area, and the proposed use has been designed to be compatible with the surrounding uses.
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 proposed use is complementary to
the existing and future industrial uses within the immediate vicinity that are located in a
centralized area. Also, the location is appropriate for the use because the building is
architecturally compatible with existing buildings in the Industrial (M) zone along El Camino
Real. Lastly, ingress and egress to the site is safe by providing access off of a private entryway
from Cougar Drive.
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, landscaping and other
development features prescribed in this code and required by the City Planner, Planning
Commission or City Council, in order to integrate the use with other uses in the neighborhood in
that the site is adequate in size and shape to accommodate a self-storage facility. The site does
not have any constraints that would impede development or require significant site alterations.
The self-storage facility satisfies all applicable requirements, including but not limited to,
setbacks; security fences with keypad entry; landscaping in the setbacks; and spandrel glass
accents, reflective glass window treatments and varying building elevations to give the building
architectural interest. Lastly, the design of the facility is compatible with the adjacent industrial
buildings.
4. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use in that the project site will be accessed off of Cougar Drive, which
serves the vicinity’s industrial complex, and that can accommodate the 168 ADT expected to be
generated by the proposed self-storage use. The project is not anticipated to impact the
existing levels of service on El Camino Real and Cougar Drive.
Scenic Corridor Special Use Permit (SUP 2017-0001)
5. The project is consistent with the purposes of this chapter and all other applicable requirements
of this code in that the self-storage facility satisfies all applicable requirements, including but
not limited to, setbacks; security fences with keypad entry; landscaping in the setbacks; and
spandrel glass accents, reflective glass window treatments and varying building elevations to
give the building architectural interest. Lastly, the design of the facility is compatible with the
adjacent industrial buildings.
6. That the requested development or use is properly related to the site, surroundings and
environmental settings, will not be detrimental to existing development or uses or to
development or uses specifically permitted in the area in which the proposed development or use
is to be located, and will not adversely impact the site, surroundings or traffic circulation. The
proposed use is complementary to the existing and future industrial uses within the immediate
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vicinity that are located in a centralized area. Also, the location is appropriate for the use
because the building is architecturally compatible with existing buildings along El Camino Real.
Lastly, ingress and egress to the site is safe by providing access off of a private entryway from
Cougar Drive.
7. The project will not adversely affect the scenic, historical or cultural qualities of the property in
that the project is located in Area 4 (College Avenue intersection to Sunfresh Rose Company) of
the El Camino Real Corridor and displays a campus look within an industrial complex which is
consistent with the development character of the area. There are no historical or cultural
qualities of this vacant, previously graded site.
General
8. The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements of the city’s General Plan, based on the facts set forth in the staff report dated
October 18, 2017 including, but not limited to the following: Land Use Element, Noise Element,
Public Safety Element, and the Sustainability Elements.
9. The Planning Commission hereby finds that all development in Carlsbad benefits from the Habitat
Management Plan (HMP), which is a comprehensive conservation plan and implementation
program that will facilitate the preservation of biological diversity and provide for effective
protection and conservation of wildlife and plant species while continuing to allow compatible
development in accordance with Carlsbad’s Growth Management Plan. Preservation of wildlife
habitats and sensitive species is required by the Open Space and Conservation Element of the
City’s General Plan which provides for the realization of the social, economic, aesthetic and
environmental benefits from the preservation of open space within an increasingly urban
environment. Moreover, each new development will contribute to the need for additional
regional infrastructure that, in turn, will adversely impact species and habitats. The In-Lieu
Mitigation Fee imposed on all new development within the City is essential to fund
implementation of the City’s Habitat Management Plan. Pursuant to the HMP, the project has
been conditioned to pay a habitat in-lieu fee for impacts to 1.48-acres of Group F habitat (i.e.
disturbed lands).
10. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan-
Palomar Airport (ALUCP), dated December 1, 2011, in that it is out the 60 dB CNEL range, a
compatible use within Safety Zone 6, will not be a hazard to airspace, as determined by the FAA
and overflight notification is not required for industrial uses.
11. 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. 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.
12. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 5 and all city public facility 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.
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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
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 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 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 Conditional Use Permit and
Special Use Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Conditional Use Permit and Special Use 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 Conditional Use Permit and Special Use 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.
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6. 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.
7. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 5 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
8. 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.
9. 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.
10. CUP 2017-0004 shall be reviewed by the City Planner annually to determine if all 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. If the City Planner
determines that (1) the conditional use permit was obtained by fraud or misrepresentation; or (2)
the use for which such approval is granted is not being exercised; or (3) the conditions of approval
have not been met; or (4) the conditional use permit is being or recently has been exercised
contrary to any of the terms or conditions of approval; or (5) the use for which such approval was
granted has ceased to exist or has been suspended for one year or more; or (6) the use is in
violation of any statute, ordinance, law, or regulation; or (7) the use permitted by the conditional
use permit is 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 City Planner shall recommend that the Planning
Commission hold a public hearing and after providing the permittee the opportunity to be 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 new conditions.
11. Developer shall submit and obtain City Planner approval of a Final Landscape, and Irrigation Plan
showing conformance with the approved Preliminary Landscape Plan as shown on Exhibits “Q”-
“R” dated October 18, 2017, 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.
12. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan
check process on file in the Planning Department and accompanied by the project’s building,
improvement, and grading plans.
13. 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 Directors of
Community Development and Planning.
14. Developer shall report, in writing, to the City Planner within 30 days, any address change from
that which is shown on the permit application.
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15. 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
5, 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.
16. Prior to the issuance of a building permit, the Developer shall submit to the city a Notice of
Restriction 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 Conditional Use Permit and Special Use Permit by Resolution No. 7270 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.
17. 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.
18. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so
required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner of
an Outdoor Storage Plan, and thereafter comply with the approved plan.
19. Developer shall submit and obtain Planning Director approval of an exterior lighting plan including
parking areas. All lighting shall be designed to reflect downward and avoid any impacts on
adjacent homes or property.
20. Any outside storage of recreational vehicles, trucks or automobiles on this project site is
specifically prohibited. Developer shall construct, install, and stripe not less than 11 parking
spaces, as shown on Exhibits “A” – “R”.
21. This project has been found to result in impacts to wildlife habitat or other lands, such as
agricultural land, non-native grassland, and disturbed lands, which provide some benefits to
wildlife, as documented in the city’s Habitat Management Plan and the environmental analysis
for this project. Developer is aware that the city has adopted an In-lieu Mitigation Fee consistent
with Section E.6 of the Habitat Management Plan and City Council Resolution No. 2000-223 to
fund mitigation for impacts to certain categories of vegetation and animal species. The Developer
is further aware that the city has determined that all projects will be required to pay the fee in
order to be found consistent with the Habitat Management Plan and the Open Space and
Conservation Element of the General Plan. Developer or Developer’s successor(s) in interest shall
pay the fee prior to recordation of a final map, or issuance of a grading permit or building permit,
whichever occurs first. If the In-lieu Mitigation Fee for this project is not paid, this project will not
be consistent with the Habitat Management Plan and the General Plan and any and all approvals
for this project shall become null and void. Pursuant to the HMP, the project has been
conditioned to pay a habitat in-lieu fee for impacts to 1.48-acres of Group F habitat (i.e.
disturbed lands).
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Engineering:
General
22. 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.
23. 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.
24. Developer shall include rain gutters on the building plans subject to the City Engineer’s review
and approval. Developer shall install rain gutters in accordance with said plans.
25. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with city Engineering Standards. The property owner shall maintain this condition.
26. Developer shall submit to the City Engineer written approval from North County Transit District
(NCTD) demonstrating mass-transit improvement requirements for this project have been
satisfied.
Fees/Agreements
27. 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.
28. Developer shall cause property owner to execute and submit to the City Engineer for recordation
the city’s standard form Drainage Hold Harmless Agreement.
29. 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.
30. Developer shall process an application and receive approval to vacate the public utility
easement reserved from vacated public street right-of-way per City Council Resolution No. 90-
133 at the southeasterly corner of El Camino Real and Cougar Drive.
31. Developer shall process an application and receive approval to vacate the slope easement
fronting Cougar Drive recorded per Document No. 90-597613 on November 2, 1990.
Alternatively, subject to the discretion of the City Engineer as permitted in Exhibit A of
Document No. 90-597613, developer shall seek and receive written approval from the City
Engineer to eliminate any slopes in said easement and utilize the underlying land in such a way
that maintains the protection and support of the slopes previously provided.
Grading
32. 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 plans and
technical studies/reports as required by City Engineer, post security and pay all applicable grading
plan review and permit fees per the city’s latest fee schedule.
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33. This project may require off site grading. No grading for private improvements shall occur outside
the project unless developer obtains, records, and submits a recorded copy, to the City Engineer,
a temporary grading, construction or slope easement or agreement from the owners of the
affected properties. If developer is unable to obtain the temporary grading or slope easement,
or agreement, no grading permit will be issued. In that case developer must either apply for and
obtain an amendment of this approval or modify the plans so grading will not occur outside the
project and apply for and obtain a finding of substantial conformance and/or consistency
determination from both the City Engineer and City Planner.
Storm Water Quality
34. 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.
35. Developer shall complete and submit to the City Engineer a Determination of Project’s SWPPP
Tier Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer
shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier
level Storm Water Pollution Prevention Plan (SWPPP) to the satisfaction of the City Engineer.
Developer shall pay all applicable SWPPP plan review and inspection fees per the city’s latest fee
schedule.
36. 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.
37. 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, pollutant control
BMP and applicable hydromodification measures.
Dedications/Improvements
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 and larger) shall be
inspected by the city. Developer shall pay the standard improvement plan check and inspection
fees for private drainage systems.
39. Developer shall prepare and process public improvement plans and, prior to City Engineer
approval of said plans, shall execute a city standard development Improvement Agreement to
install and shall post security in accordance with C.M.C. Section 20.16.070 for public
improvements shown on the site plan. Said improvements shall be installed to city standards to
the satisfaction of the City Engineer. These improvements include, but are not limited to:
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A. Installation of a water distribution line and fire sprinkler and domestic water services in
Cougar Drive.
Developer shall pay the standard improvement plan check and inspection fees. Improvements
listed above shall be constructed within 36 months of approval of the subdivision or development
improvement agreement or such other time as provided in said agreement.
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 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.
Utilities
41. The developer shall design and agree to 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.
Code Reminders:
42. 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.
43. 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 or
occupancy permit issuance, except as otherwise specifically provided herein.
44. The project shall comply with the latest nonresidential disabled access requirements pursuant to
Title 24 of the California Building Code.
45. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
46. 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 City Planner prior to
installation of such signs.
47. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of
the Carlsbad Municipal Code.
48. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the
City of Carlsbad Municipal Code to the satisfaction of the City Engineer.
49. Some improvements shown on the tentative map and/or required by these conditions are located
offsite on property which neither the city nor the owner has sufficient title or interest to permit
the improvements to be made without acquisition of title or interest. The developer shall
immediately initiate negotiations to acquire such property. The developer shall use its best
efforts to effectuate negotiated acquisition. If unsuccessful, developer shall demonstrate to the
City Engineer its best efforts, and comply with the requirements of the Carlsbad Municipal Code
Section 20.16.095 to notify and enable the city to successfully acquire said property by
condemnation.
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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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