HomeMy WebLinkAbout2016-09-07; Planning Commission; Resolution 71941
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PLANNING COMMISSION RESOLUTION NO. 7194
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN AMENDMENT AND
COASTAL DEVELOPMENT PERMIT AMENDMENT TO ALLOW FOR
CONSTRUCTION OF A TWO-AND THREE-STORY PARKING STRUCTURE FOR
LEGOLAND EMPLOYEES WITHIN A PORTION OF THE LEGOLAND CALIFORNIA
RESORT EMPLOYEE PARKING LOT LOCATED SOUTHEAST OF THE EXISTING
HOTEL NEAR THE ENTRANCE TO LEGOLAND FROM THE CROSSINGS DRIVE IN
PLANNING AREA 4 OF THE CARLSBAD RANCH SPECIFIC PLAN ON PROPERTY
LOCATED AT 1 LEGOLAND DRIVE WITHIN THE MELLO II SEGMENT OF THE
LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE
13.
CASE NAME:
CASE NO.:
LEGOLAND EMPLOYEE PARKING STRUCTURE
SDP 96-14(1)/CDP 96-16(H)
WHEREAS, Merlin Entertainments Group US Holdings, LLC, "Developer," has filed a
verified application with the City of Carlsbad regarding property described as
Lots 18 and 19 of Carlsbad Tract Map 94-09, Carlsbad Ranch -Units 2
and 3, in the City of Carlsbad, County of San Diego, State of California,
according to map thereof no. 13408, filed in the Office of the County
Recorder of San Diego, April1, 1997 as file number 1997-147754
("the Property"); and
WHEREAS, said verified application constitutes a request for a Site Development Plan
Amendment and Coastal Development Permit Amendment as shown on Exhibits "A" -"U" dated
September 7, 2016, on file in the Planning Division, SOP 96-14(1)/CDP 96-16(H)-LEGOLAND EMPLOYEE
PARKING STRUCTURE as provided by Chapters 21.06 and 21.201.030 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on September 7, 2016, hold a duly noticed
public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to
the Site Development Plan Amendment and Coastal Development Permit Amendment.
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 Planning Commission
APPROVES SOP 96-14(1}/CDP 96-16(H} -LEGOLAND EMPLOYEE PARKING STRUCTURE
based on the following findings and subject to the following conditions:
Findings:
SOP 96-14(1)
1.
2.
3.
4.
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 project is a
request for the construction of a two-and three-story parking structure within the existing
Legoland parking lot. The structure is an accessory use that supports the Legoland California
Resort. The parking structure is consistent with all applicable requirements of the General Plan,
Carlsbad Ranch Specific Plan and Carlsbad Municipal Code. The parking structure complies with
all applicable development standards including height, setbacks, building coverage and
landscaping, etc.
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 proposed parking structure will be located at the northeast corner of the existing parking
lot and will take advantage of grade differentials to minimize the overall height of the structure.
It features an understated, yet architecturally integrated, design rather than a Legoland themed
design. The structure will be constructed of durable, high quality building materials, will include
architectural enhancements including cornices, glazed tile accents, scored reveals, column caps,
and trellises, and will be finished in an earthtone color palette. The combination of proposed
landscaping with the existing mature trees and shrubs along The Crossings Drive will adequately
screen and soften the parking structure from off-site views. The visual simulations of the
parking structure representing proposed views from The Crossings Drive and from three public
vantage points at The Crossings at Carlsbad golf course show the structure will blend in with the
surrounding environment. The project will provide adequate on-and off-site access, circulation
and parking during and after construction.
That the site for the intended development or use is adequate in size and shape to accommodate
the use, in that the subject site is adequate in size and shape to accommodate the proposed
parking structure. The proposed use complies with the required development and design
standards of the Carlsbad Ranch Specific Plan. No variances to standards are proposed. The
structure is proposed within a portion of an existing parking lot which is large enough for the
structure to sufficiently set back from The Crossings Drive and screened from views by existing
and proposed landscaping. Building coverage including the parking structure will remain at 4.8
percent, whereas 50 percent is allowed.
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 project will function as a supporting
accessory use to the primary Legoland California Resort theme park use and is permitted by the
Carlsbad Ranch Specific Plan's allowed Commercial Tourist zone uses. The project has been
designed in accordance with the development and design standards of the Specific Plan, and is
compatible with existing and potential future uses. The proposed parking structure will be set
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5.
back from The Crossings Drive a minimum of 86 feet, and adequate circulation, access aisles,
parking spaces, and landscaping will be provided and maintained. The structure's height of 33'-
2" is below the maximum 35 foot height limit. The proposed architectural treatment, scale and
massing, and screening landscape will ensure the proposed parking structure is compatible with
existing and potential future development in the surrounding area.
That the street systems serving the proposed development or use is adequate to properly handle
all traffic generated by the proposed use, in that primary access to the site will continue to be
provided from the existing employee parking lot driveway off The Crossings Drive. The
proposed parking structure is not a traffic generating use. Build-out of the second hotel and the
parking structure will only result in a net increase of 24 parking spaces overall. Therefore, there
will be no impact on the existing street systems.
COP 96-16(H)
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That the proposed development is in conformance with the Certified Local Coastal Program and
all applicable policies in that no impacts to any physical features, such as scenic resources,
environmentally sensitive areas, or geologic features, will occur as none exist on the essentially
flat and previously developed parking lot. No distant or coastal views would be obstructed from
public roadways.
The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
Coastal Act in that the property is not near the shore and there are no public access or public
recreation requirements for the property.
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, BMP Design Manual and Jurisdictional
Runoff Management Program (JRMP) to avoid increased urban runoff, pollutants, and soil
erosion. No steep slopes or native vegetation is located on the subject property and the site is
not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or
liquefaction.
The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan-
Palomar Airport (ALUCP), dated December 1, 2011, in that:
a.
b.
c.
d.
The proposed project is located within the 60-65 dB CNEL noise contour. Automobile
parking is deemed a compatible use within the 60-65 CNEL contour in the ALUCP that
will not be affected by aircraft noise.
The proposed project is in compliance with the ALUCP airspace protection surfaces
because the maximum height of the parking structure including the allowable elevator
tower protrusion is well below the height that requires notification of construction to
the FAA.
The proposed project is located within Safety Zone 6. The ALUCP identifies parking
structures within Safety Zone 6 as compatible with airport uses.
The proposed project is located within the overflight notification area. The ALUCP
requires recordation of an overflight notification only for new residential uses, although
Legoland previously recorded an overflight notice for the theme park.
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That the project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 13 and all city public facility policies and ordinances. The
project includes elements or has been conditioned to construct or 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.
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.
The Local Facilities Management fee for Zone 13 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building !Permit.
That the project is consistent with the City's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
The Planning Commission has determined that:
a. The project is a subsequent activity of the Carlsbad Ranch Specific Plan (SP 207(H)} for
which a program EIR (EIR 94-01) 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 Carlsbad Ranch Specific Plan cited above;
c.
d.
e.
f.
The Carlsbad Ranch Specific Plan EIR 94-01 was certified in connection with the prior
project or plan;
The project has no new significant environmental effect not analyzed as significant in the
prior EIR;
None of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA
Guidelines Sections 15162 or 15163 exist; and
Planning Commission finds that all feasible mitigation measures identified in the Carlsbad
Ranch Specific Plan EIR 94-01, which are appropriate to this Subsequent Project have
been incorporated into this Subsequent Project.
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.
25 Conditions:
26 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to approval of a building
or grading permit, whichever occurs first.
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1.
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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; de11y, 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 Site Development Plan
Amendment and Coastal Development Permit Amendment.
Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Site Development Plan Amendment and Coastal Development Permit
Amendment 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.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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 Sectio11 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.
Developer shall implement, or cause the implementation of, the Carlsbad Ranch Specific Plan
Mitigation Monitoring and Reporting Program (EIR 94-01), including but not limited to
requirements for ground disturbing activities that may impact native soil.
Prior to the commencement of any ground disturbing activities that may impact native soil, the
project developer shall enter into a Pre-Excavation Agreement, otherwise known as a Tribal
Cultural Resources Treatment and Tribal Monitoring Agreement, with the San Luis Rey Band of
Mission Indians or other Luiseiio tribe. This agreement will address provision of a Luiseno
Native American monitor and contain provisions to address the proper treatment of any tribal
cultural resources and/or Luiseiio Native American human remains inadvertently discovered
during the course of the project. The agreement will outline the roles and powers of the Luiseiio
Native American monitors and the archaeologist.
Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims and
costs, including court costs and attorney's fees incurred by the city arising, directly or indirectly,
from (a) city's approval and issuance of this Site Development Plan Amendment and Coastal
Development Permit Amendment, (b) city's approval or issuance of any permit or action,
whether discretionary or nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby, 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 a Illegal
proceedings have been concluded and continues even if the city's approval is not validated.
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Prior to submittal of the building plans, improvement plans, or grading plans, 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.
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.
This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 13 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
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.
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
13, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If
the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall
become void.
Prior to the issuance of the Grading Permit, Developer shall submit to the city a Notice of
Restriction executed by the owner of the real property to be developed. Said notice is to be filed
in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all
interested parties and successors in interest that the City of Carlsbad has issued a(n) Site
Development Plan Amendment and Coastal Development Permit Amendment by Resolution(s)
No. 7194 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.
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.
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.
16. 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 property.
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Engineering
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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.
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.
All technical studies (i.e. SWQMP, drainage studies, soils reports, etc.) are considered preliminary
during discretionary review and are subject to additional review and modification during final
design.
Fees/ Agreements
20.
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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.
Developer shall cause property owner to execute and submit to the City Engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
Developer shall cause property owner to execute and submit to the City Engineer for recordation
the city standard Permanent Stormwater Quality Best Management Practices {BMP) Maintenance
Agreement.
Grading
23.
24.
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Based upon a review of the proposed grading and the grading quantities shown on the tentative
map, 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.
Developer shall comply with the city's storm water 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.
Prior to the issuance of a grading permit, developer shall submit to the City Engineer receipt of a
Notice of Intent from the State Water Resources Control Board.
26. 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 (TIEIR 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
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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.
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.
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.
Dedications/Improvements
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Utilities
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Developer shall design all proposed public improvements including but not limited to, water
services and water meters, as shown on the site plan. These improvements shall be shown on
one of the following, subject to City Engineer approval:
a. Grading plans processed in conjunction with this project.
Developer shall pay plan check and inspection fees for the above public improvements 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.
Developer shall design the private drainage systems, as shown on the tentative map 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.
Developer shall design the on-site private fire services and private fire hydrants as shown on the
site plan, to the satisfaction of the Fire Marshal.
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. Prior to completion of grading, the final structural pavement design of
the access aisles shall be submitted together with required R-value soil test information subject
to the review and approval of the City Engineer.
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. The parking
structure shall be sprinklered.
Developer shall design and agree to construct public facilities within minimum 20-foot wide
easements granted to the district or the City of Carlsbad. At the discretion of the district or City
Engineer, wider easements may be required for adequate maintenance, access and/or joint utility
purposes.
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36.
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Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
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.
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.
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.
Note: Unless specifically stated in the condition, all of the following conditions, upon the approval of
10 this proposed development or subdivision, must be met prior to fire service lines being installed.
11 39. Approved vehicle access for firefighting shall be provided. Access shall be provided for
construction projects prior to combustible materials arriving on site. Access shall be provided
12 during all phases of demolition. Vehicle access shall be provided to within 100 feet of temporary
or permanent fire department connections. Vehicle access shall be provided by either temporary
13 or permanent roads, capable of supporting vehicle loading under all weather conditions. Vehicle
access shall be maintained until permanent fire apparatus access roads are available.
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41.
An approved water supply for fire protection, either temporary or permanent, shall be made
available as soon as combustible materials arrive on site.
The developer shall initiate a preconstruction meeting with the Carlsbad Fire Department, Fire
Prevention Division, to discuss Section 3308 Owner's Responsibility for Fire Protection, California
Fire Code, 2013 edition.
Code Reminders
Note: The project is subject to all applicable provisions of local ordinances, including but not limited to
20 the following code requirements:
21 42. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
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45.
Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of
the Carlsbad Municipal Code.
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.
The project shall comply with the latest nonresidential disabled access requirements pursuant to
Title 24 of the California Building Code.
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47.
The project is subject to all applicable provisions of California Fire Code, 2013 edition and Title 19,
California Code of Regulations.
Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 17.04.320.
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
8 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
9 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.
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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
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the City of Carlsbad, California, held on September 7, 2016, by the following vote, to wit:
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AYES: Chairperson Anderson, Goyarts, L'Heureux, Montgomery and Segall
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NOES: None
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ABSENT: Commissioners Black and Siekmann
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ABSTAIN: None 7
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VELYN ANDERSON, Chairperson
11 CARLSBAD PLANNING COMMISSION
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ATIEST:
~11w
DON NEU
City Planner
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