Loading...
HomeMy WebLinkAbout2017-11-01; Planning Commission; Resolution 7272 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A MAJOR REVIEW PERMIT AND COASTAL DEVELOPMENT PERMIT TO ALLOW FOR THE DEMOLITION OF FOUR, SINGLE-STORY OFFICES AND THE CONSTRUCTION OF A FOUR-STORY, 11-UNIT RESIDENTIAL APARTMENT BUILDING, INCLUDING TWO (2) AFFORDABLE HOUSING UNITS, LOCATED AT 3039 JEFFERSON STREET IN LAND USE DISTRICT 2 OF THE VILLAGE REVIEW ZONE, THE VILLAGE SEGMENT OF THE LOCAL COASTAL PROGRAM, AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: JEFFERSON LUXURY APARTMENTS CASE NO.: RP 15-17/CDP 15-38 WHEREAS, Tony Tonekaboni, “Applicant,” has filed a verified application with the City of Carlsbad regarding property owned by Private Properties, LLC, “Owner,” described as Lots 23, 24, 25, and 26 in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 535, filed in the Office of the County Recorder of San Diego County, May 2, 1888 (“the Property”); and WHEREAS, said verified application constitutes a request for a Major Review Permit and Coastal Development Permit as shown on Exhibit(s) “A” – “Q” dated November 1, 2017, on file in the Planning Division RP 15-17/CDP 15-38 – JEFFERSON LUXURY APARTMENTS, as provided by Chapters 21.35 and 20.12 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on November 1, 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 persons desiring to be heard, said Commission considered all factors relating to the Major Review Permit 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 Commission RECOMMENDS APPROVAL of RP 15-17/CDP 15-38 – JEFFERSON LUXURY APARTMENTS, based on the following findings and subject to the following conditions: PLANNING COMMISSION RESOLUTION NO. 7272 PC RESO NO. 7272 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Findings: Major Review Permit, RP 15-17 1. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the city’s General Plan, and the development standards of the Village Review Zone and the Village Master Plan and Design Manual, based on the facts set forth in the staff report dated November 1, 2017, including, but not limited to the following: a. Land Use – The proposed project, which includes the demolition of four, single-story, office buildings totaling 4,803 square feet and the construction of an 11-unit multi-family apartment building, will enhance the vitality of the Village, specifically Land Use District 2 (Office Support Area), by providing new residential units in close proximity to the downtown core area, as well as the train station. The project reinforces the pedestrian- orientation desired for the downtown area by providing the residents an opportunity to walk to shopping, recreation, and mass transit functions. The project’s proximity to existing bus routes and mass transit will help to further the goal of providing new economic development near transportation corridors. Further, the proposed project contributes toward the overall goal of creating quality development in that older office/commercial buildings are proposed to be removed and replaced with 11 high-quality residential apartments, including two inclusionary housing units. Overall, the residential project will contribute towards the revitalization of the Village area. b. Mobility – Jefferson Street can accommodate the estimated 88 ADTs. The proposed project has been designed to meet the circulation requirements, which includes vehicular access off the Madison Street alley. In addition, the applicant will be required to pay traffic impact fees prior to the issuance of building permits that will go toward future road improvements. The proposed project is located approximately a half mile from the train/Coaster station which provides service throughout the day. The project’s close proximity to the transit stop will provide residents with the opportunity to commute to major job centers, thereby reducing vehicle miles traveled (VMTs) and their carbon footprint. Furthermore, the project supports walkability and mobility by locating the project near existing goods and services within the Village. Further, the removal of the existing driveway off Jefferson Street will enhance the streetscape with the addition of landscaping and the extension of the pedestrian sidewalk. c. Noise – The proposed project is consistent with the Noise Element of the General Plan in that the project has been conditioned to comply with the recommendations of the noise study (Ldn Consulting, Inc., dated August 6, 2015) to ensure that the proposed building design adequately attenuates the noise levels for the new apartments. The windows of each unit will need to be closed to meet a 45 dBA CNEL interior noise level, mechanical ventilation will be required, and the windows and glass doors will be required to have a minimum STC rating of 26. d. Housing – The proposed project is consistent with the Housing Element of the General Plan and the city’s Inclusionary Housing Ordinance, in that the city’s Housing Policy Team reviewed the proposed project and recommended the applicant designate two (2) of the 11 multi-family units as inclusionary units (i.e., rent-restricted). The project design reflects this requirement. The project is conditioned to require the approval of an Affordable Housing Agreement prior to issuance of the building permit. PC RESO NO. 7272 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e. Public Safety – The proposed building is required to be designed in conformance with all seismic design standards of the California Building Code (CBC) and State building requirements. Additionally, the proposed project design is consistent with the applicable fire safety requirements and the entire building will include fire sprinklers in accordance with National Fire Protection Agency Standard 13 and City of Carlsbad regulations. Furthermore, the project is conditioned to develop and implement a program of “best management practices” for the elimination and reduction of pollutants which enter into and/or are transported within storm drainage facilities. f. Land Use District 2 Standards – The project as designed is consistent with the development standards for Land Use District 2, the Village Design Guidelines and all other applicable regulations set forth in the Village Master Plan and Design Manual as discussed in the project staff report. The project is not requesting any deviations to the development standards and all required parking is located on-site. Coastal Development Permit, CDP 15-38 2. That the proposed development is in conformance with the Village Area Segment of the Certified Local Coastal Program and all applicable policies in that the proposed four-story, multi-family building will not obstruct views of the coastline as seen from public lands or the public right of way or otherwise damage the visual beauty of the coastal zone. The project is consistent with the surrounding development, which includes a mixture of commercial and residential buildings. No agricultural uses currently exist on the site, and the property is not within the Coastal Agricultural Overlay Zone that would require mitigation for conversion to urban uses. There are no sensitive coastal resources within the property and is not located in an area of known geologic instability or flood hazard. 3. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that no public opportunities for coastal shoreline access are available from the subject site and no public access requirements are required for the project since it is not located between the first public road and the ocean. 4. 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. 5. 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). 6. 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). PC RESO NO. 7272 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 City Council Policy No. 43, Allocation for Excess Dwelling Units 7. That the city’s Housing Policy Team recommended approval of the request for an allocation of 11 units from the Excess Dwelling Unit Bank on May 30, 2017. 8. That pursuant to CMC Chapter 21.85.030, for any market-rate residential development of seven (7) or more units, not less than 15 percent of the total number of units shall be restricted both as to occupancy and affordability to lower income households. The proposal to construct 11 residential multi-family apartments is satisfying its inclusionary housing obligation by designating two (2) of the 11 units on-site as inclusionary units. The project is conditioned to require the approval of an Affordable Housing Agreement prior to issuance of the building permit. 9. That the project location and density are compatible with the existing adjacent residential neighborhoods and/or nearby existing or planned uses in that the project is consistent with the adjacent mix of residential and non-residential land uses and anticipated uses in Land Use District 2 of the Village Master Plan. Furthermore, the project will provide positive support for the commercial uses in the core of the Village. 10. That the project location and density are in accordance with the applicable provisions of the General Plan and any other applicable planning document, in that the Village (V) General Plan Land Use designation allows residential development at a density range of 28 to 35 dwelling units per acre. Based on a net acreage of 0.32 acres, the proposed 11 multi-family apartments have a density of 34.4 dwelling units per acre. The proposed project is consistent with the intent of Land Use District 2 of the Village Master Plan and will contribute toward the overall revitalization of the Village Area. 11. That there are an adequate number of units in the Excess Dwelling Unit Bank in the northwest quadrant to allocate 11 units. Per the city’s Quadrant Dwelling Unit Report (latest available dated September, 2017), 584 units remain available for allocation in the Village. General 12. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1 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. Specifically, a. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. c. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. PC RESO NO. 7272 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13. That the project is consistent with the city’s Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 14. 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 Project, of the state California Environmental Quality Act (CEQA) Guidelines. 15. 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 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 Major Review Permit and Coastal Development Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Major Review Permit 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 Major Review Permit 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 PC RESO NO. 7272 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 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 1 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. 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 1, 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 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(n) Major Review Permit and Coastal Development Permit by Resolution(s) No. 7272 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. 13. 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 as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. PC RESO NO. 7272 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Division and accompanied by the project’s building, improvement, and grading plans. 15. 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. 16. Developer shall submit and obtain City Planner approval of an exterior lighting plan. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. 17. Developer shall construct, install, and stripe (where applicable) not less than 28 parking spaces, including two (2) accessible parking spaces. 18. Prior to issuance of the building permit, the Developer shall enter into an Affordable Housing Agreement with the city to provide and deed restrict two (2) inclusionary dwelling units. Specifically, two (2) units shall be rented at a price affordable to low income households at 70% of the San Diego County Area Median Income for 55 years, in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be submitted to the City Planner no later than 60 days prior to issuance of the building permit. The recorded Agreement shall be binding on all future owners and successors in interest. 19. Prior to issuance of the building permit, verification shall be submitted confirming that the building has been designed to comply with the recommendations of the noise study prepared by Ldn Consulting, Inc. (August 6, 2015). Specifically, the windows and glass doors shall have a minimum STC rating of 26 and mechanical ventilation is required for all units. 20. The two-car garages (total of three, two-car garages) shall be available to park two (2) vehicles at all times. Any additional space outside of the area where the cars are parked in the garages may be used for storage by the residents. The garages shall not be rented for storage or private parking. 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 building or grading permit whichever occurs first. General 21. 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. 22. 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. PC RESO NO. 7272 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 23. 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. 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. 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. 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. Developer shall process a lot line adjustment to consolidate lots 23, 24, 25, and 26 in block 48 of Map No. 535 into one lot. Grading 29. 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. 30. The developer shall provide a shoring plan to support the basement excavation, including the surcharge loads from adjacent existing structures. The shoring plan must be shown on the grading plans processed in conjunction with this project. 31. Prior to issuance of the grading permit, the contractor shall submit a Construction Plan to the City Engineer for review and approval. Said plan may be required to include, but not be limited to, identifying the location of the construction trailer, material staging, bathroom facilities, parking of construction vehicles, employee parking, construction fencing and gates, obtaining any necessary permission for off-site encroachment, addressing pedestrian safety, and identifying time restrictions for various construction activities. Storm Water Quality 32. 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. PC RESO NO. 7272 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 33. 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. 34. 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. 35. 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 36. 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. 37. 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 38. 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. 39. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 40. 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. 41. 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. 42. The developer shall design and construct public water, and sewer facilities substantially as shown on the site plan to the satisfaction of the District Engineer and City Engineer. PC RESO NO. 7272 -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Code Reminders 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 issuance, except as otherwise specifically provided herein. 44. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 45. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 46 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. 47. 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 tentative map are for planning purposes only. 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 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. . . . . . . . . . . . . . . . . . . . . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on November 1, 2017, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Anderson, Black, Goyarts, Montgomery, Rodman and Siekmann NOES: ABSENT: ABSTAIN: GALL, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7272 -11-