HomeMy WebLinkAbout2019-01-16; Planning Commission; Resolution 7321(
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PLANNING COMMISSION RESOLUTION NO. 7321
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AND
MINOR SITE DEVELOPMENT PLAN TO ALLOW FOR THE CONSTRUCTION
AND OPERATION OF AN 111,937-SQUARE-FOOT, TWO-STORY, SELF-
STORAGE FACILITY LOCATED AT 2815 CARIBOU COURT ON THE
NORTHEAST CORNER OF FARADAY AVENUE AND WHIPTAIL LOOP WEST
ON A 5.24-ACRE SITE, ZONED PLANNED INDUSTRIAL WITHIN THE
CARLSBAD OAKS NORTH SPECIFIC PLAN AND WITHIN LOCAL FACILITIES
MANAGEMENT ZONE 16.
CASE NAME: NORTH OAKS SELF STORAGE
CASE NO.: CUP 2018-0013/SDP 2018-0009 (DEV2018-0101)
WHEREAS, David Brown, "Developer," has filed a verified application with the City of
Carlsbad regarding property owned by Ben Badiee, "Owner," described as
Lot 5 of Carlsbad Tract No. 97-13-01, Carlsbad Oaks North, in the City of
Carlsbad, County of San Diego, State of California, According to Map
Thereof No. 14926, Filed in the Office of the County Recorder of San
Diego County, December 15, 2004
("the Property"); and
WHEREAS, said verified application constitutes a request for a Conditional Use Permit and
Minor Site Development Plan as shown on Exhibit(s) "A" -"P" dated January 16, 2019, on file in the
Planning Division, CUP 2018-0013/SDP 2018-0009 -North Oaks Self Storage, as provided by Chapter
21.06 and 21.42 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on January 16, 2019, 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.
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B) That based on the evidence presented at the public hearing, the Commission APPROVES
CUP 2018-0013/SDP 2018-0009 -NORTH OAKS SELF STORAGE, based on the following
findings and subject to the following conditions:
Findings:
CUP 2018-0013
1. That the requested use is necessary or desirable for the development of the community, and is in
harmony with the various elements and objectives of the General Plan, including the Specific Plan in
that the proposed self-storage facility will serve the adjacent industrial uses and draw customers
from within Carlsbad and surrounding cities to provide a necessary service. The project will result
in the 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 is 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 existing and
future industrial uses within the immediate vicinity as well as nearby residents because it is located
in a centralized area.
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 5.24-acre
site is adequate in size and shape to fully accommodate a self-storage facility. The self-storage
facility satisfies all applicable requirements, including but not limited to, setbacks, parking, security
fences, landscaping, and varying building elevations to give the building architectural interest. The
design of the facility is architecturally compatible with existing buildings in the Planned Industrial
(P-M) zone and within the Carlsbad Oaks North business park.
4. That the street system serving the proposed use is adequate to properly handle all traffic generated
by the proposed use in that the storage facility will be accessed from Caribou Court, which can
accommodate the 241 ADT expected to be generated by the proposed self-storage use. The project
is not anticipated to impact the existing levels of service on Whiptail Loop or Faraday Avenue.
SDP 2018-0009
5. That the proposed development or use is consistent with the General Plan and any applicable master
plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the Carlsbad
Municipal Code, and all other applicable provisions of this code, in that the proposed self-storage use
is consistent with the Planned Industrial (Pl) General Plan Land Use designation and is a
conditionally-permitted use within the Planned Industrial (P-M) zoning designation for the site. The
project complies with all development standards as required by the zoning district in which it is
located as well as the Carlsbad Oaks North Specific Plan. Surface vehicle parking for 25 vehicles (21
required) is provided. Significant perimeter and parking lot landscaping is also proposed. All
roadways and improvements necessary to serve the development exist, and no additional
improvements are required. The project is located outside the 60 dBA CNEL noise contour of the
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McClellan-Palomar Airport and the proposed structures are below the maximum FAA allowed
height limit. The project also complies with the City of Carlsbad Climate Action Plan (CAP).
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, in that the 111,937-square-foot
self-storage facility has been designed to comply with all applicable development standards
included in the Carlsbad Oaks North Specific Plan and Planned Industrial (P-M) zone. The project
will not adversely impact the site, surroundings, or traffic circulation in that the existing surrounding
streets, which are fully improved, have adequate capacity to accommodate the 241 Average Daily
Trips (ADT) generated by the project. In addition, internal traffic circulation complies with Fire
Department and Land Development Engineering requirements.
7. That the site for the intended development or use is adequate in size and shape to accommodate the
use, in that the project complies with all development standards of the Development Standards and
Design Guidelines section of the Carlsbad Oaks North Specific Plan as well as the Planned Industrial
(P-M) Zone (CMC Section 21.34), including setbacks, building coverage, employee eating areas,
landscaping, parking, and height restrictions.
8. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the
requested development or use to existing or permitted future development or use in the
neighborhood will be provided and maintained, in that the proposed four-building self-storage
facility, surface parking lot, 138 square-foot outdoor employee eating area, perimeter and parking
lot landscaping, drainage facilities and other ancillary improvements fit within the developable
area. All applicable development standards in the Development Standards and Design Guidelines
section of the Carlsbad Oaks North Specific Plan and Planned Industrial (P-M) Zone have been met.
Parking and loading areas are screened through the combined use of building orientation and
landscaping. Adequate vehicle circulation has been provided to accommodate truck turning
movements and emergency vehicle access. Access to the site will be provided via one driveway
access at Caribou Court.
9. That the street systems serving the proposed development or use is adequate to properly handle all
traffic generated by the proposed use, in that the proposed self-storage use is consistent with the
uses analyzed in the circulation analysis prepared for the Final Environmental Impact Report (EIR
98-08) for the Carlsbad Oaks North Specific Plan. The existing surrounding streets, which are fully
improved, have adequate capacity to accommodate the 241 ADT generated by the project.
General
10. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan-
Palomar Airport (ALUCP), dated March 4, 2010, in that 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 the project is located in Safety Zone 4 and,
per Table 111-2 in the ALUCP, the proposed use is a compatible use within the safety zone.
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Additionally, the project is not required to provide an overflight notification because the proposed
use is not residential.
11. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
12. The City Planner has determined that:
a. The project is a subsequent activity of a project for which a program EIR was prepared, and a
notice for the activity has been given, which includes statements that this activity is within the
scope of the program approved earlier, and that the program EIR adequately describes the activity
for the purposes of CEQA [15168(c)(2) and (e)].
b. This project is consistent with the project/plan cited above;
c. EIR 98-08 was certified by the City Council on October 8, 2002 in connection with the prior project
or plan.
d. The project has no new significant environmental effect not analyzed as significant in the prior
EIR.
e. None of the circumstances requmng a Subsequent EIR or a Supplemental EIR under CEQA
Guidelines Sections 15162 or 15163 exist.
13. 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 the issuance of a
Grading Permit or Building Permit; whichever occurs first.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and
maintained over time, if any of such conditions fail to be so implemented and maintained according
to their terms, the city shall have the right to 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 Minor Site Development Plan.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Conditional Use Permit and Minor Site Development Plan documents, as
necessary to make them internally consistent and in conformity with the final action on the project.
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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 Minor Site Development Plan, (b) city's approval or issuance of
any permit or action, whether discretionary or nondiscretionary, in connection with the use
contemplated herein, and (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 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. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division
from the Carlsbad Unified School District that this project has satisfied its obligation to provide school
facilities.
8. This project shall comply with all conditions and mitigation measures which are required as part of
the Zone 16 Local Facilities Management Plan and any amendments made to that Plan prior to the
issuance of building permits.
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. 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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11. 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 16, 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.
12. Prior to the issuance of the Building Permit, Developer shall submit to the city a Notice of Restriction
executed by the owner of the real property to be developed. Said notice is to be filed in the office of
the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties
and successors in interest that the City of Carlsbad has issued a Conditional Use Permit and Minor
Site Development Plan by Resolution No. 7321 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 succe~sor in interest.
13. CUP 2018-0013 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. lfthe City Planner determines that: 1) the
Conditional Use Permit was obtained by fraud or misrepresentation; or 2) the use for which such
approval was granted is not being exercised; or 3) the Conditional Use Permit is being or recently has
been exercised contrary to any of the terms or conditions of approval or the conditions of approval
have not been met; or 4) the use for which such approval was granted has ceased to exist or has been
suspended for one year or more; or 5) the use is in violation of any statute, ordinance, law or
regulation; or 6) the use permitted by the Conditional Use Permit is 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.
14. 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 and Economic
Development Department and Planning.
15. 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.
16. 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.
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17. 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 25 parking spaces, as shown on
Exhibits "A" -"P".
18. 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 adjacent homes
or property.
19. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan
showing conformance with the approved Preliminary Landscape Plan and the city's Landscape
Manual. Developer shall construct and install all landscaping and irrigation as shown on the approved
Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free from weeds,
trash, and debris. All irrigation systems shall be maintained to provide the optimum amount of water
to the landscape for plant growth without causing soil erosion and runoff.
20. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan
check process on file in the Planning Division and accompanied by the project's building,
improvement, and grading plans.
21. This Conditional Use Permit is granted without an expiration date. This permit may be revoked at any
time after a public hearing, if it is found that the use has a substantial detrimental effect on
surrounding land uses and the public's health and welfare, or the conditions imposed herein have not
been met.
Engineering Conditions:
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 install sight distance corridors at all street intersections and driveways in accordance
with City Engineering Standards. The property owner shall maintain this condition.
Fees/ Agreements
25. 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.
26. Developer shall cause property owner to execute and submit to the City Engineer for recordation the
city's standard form Drainage Hold Harmless Agreement.
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27. 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.
28. Prior to issuance of any permit, the developer shall comply with the City's Transportation Demand
Management requirements to the satisfaction of the City Engineer.
Grading
29. 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 for City Engineer review, post security and pay all applicable grading plan review and
permit fees per the city's latest fee schedule.
Storm Water Quality
30. 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.
31. 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 (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.
32. 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.
33, 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, applicable hydromodification measures, and Low Impact Design (LID) facilities,
Ded ications/1 mprovements
34. Developer shall submit a request to the city for the relinquishment of previously waived access
rights along Caribou Ct. across the proposed driveway location.
35 . Developer shall design all proposed public improvements including but not limited to pedestrian
ramps, driveways, water services/meters, etc. as shown on site plans. These improvements shall be
shown on the grading plans processed in conjunction with this project to the satisfaction of the City
Engineer.
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36. 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.
37. 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.
38. 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
39. Developer shall meet with the fire marshal to determine fire protection measures (fire services, fire
flows, fire hydrants and building sprinklers) required to serve the project. On-site fire hydrants shall
be served by private on-site fire water main designed to the satisfaction of the Fire Marshal.
40. Developer shall design and agree to construct public facilities within public right-of-way or within
easement granted to the district or the City of Carlsbad. At the discretion of the District Engineer or
City Engineer, wider easements may be required for adequate maintenance, access and/or joint utility
purposes.
41. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection
to public facilities.
42. 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.
43. 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.
44. The developer shall agree to 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.
45. 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
46. 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.
47. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title
24 of the California Building Code.
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48. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section
17.04.060.
49. 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.
50. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management fee for
Zone 16 as required by Carlsbad Municipal Code Section 21.90.050.
51. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the
Carlsbad Municipal Code.
52. 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.
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 offinal 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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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on January 16, 2019 by the following vote, to wit:
AYES: Chair Montgomery, Commissioners Anderson, Geidner, Luna, Meenes, and Segall
NOES:
ABSENT:
ABSTAIN: Commissioner Merz
MARTELL MONTGOMER , Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
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