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HomeMy WebLinkAbout2022-05-18; Planning Commission; Resolution 7447PLANNING COMMISSION RESOLUTION NO. 7447 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT AND MINOR VARIANCE TO ALLOW FOR THE DEMOLITION OF AN EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCTION OF A NEW 3,348 SQUARE FOOT, TWO-STORY SINGLE-FAMILY RESIDENCE WITH MEZZANINE, AND A FRONT YARD SETBACK REDUCTION OF FIVE FEET AND A REAR YARD SETBACK REDUCTION OF ONE FOOT EIGHT INCHES, WITHIN THE MELLO II SEGMENT OF THE CITY'S LOCAL COASTAL PROGRAM LOCATED AT 2668 OCEAN STREET WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: SWAN RESIDENCE CASE NO: CDP 2021-0025/V 2021-0001 (DEV2021-0100) WHEREAS, Chris and Crista Swan, "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as: Lot 82 and the southwesterly 5 feet of Lot 89 of Granville Park No. 2, in the City of Carlsbad, County of San Diego, State of California, according to map No. 2037, filed in the office of the County Recorder of San Diego County June 18, 1927 ("the Property"); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit and Minor Variance as shown on Exhibit(s) "A" -"L" dated May 18, 2022, attached hereto and on file in the Carlsbad Planning Division, CDP 2021-0025/V 2021-0001 -SWAN RESIDENCE, as provided in Chapters 21.50 and 21.201 of the Carlsbad Municipal Code; and WHEREAS, the Planning Division studied the Coastal Development Permit and Minor Variance applications and performed the necessary investigations to determine if the project qualified for an exemption from further environmental review under the California Environmental Quality Act, (CEQA, Public Resources Code section 21000 et. seq .), and its implementing regulations (the State CEQA Guidelines), Article 14 of the California Code of Regulations section 15000 et. seq . After consideration of all evidence presented, and studies and investigations made by the city planner and on its behalf, the city planner determined that the project was exempt from further environmental review pursuant to State CEQA Guidelines sections 15301(1) -Existing Facilities; 15303(a) -New Construction or Conversion of Small Structures; and 15305(a) -Minor Alterations in Land Use Limitations. These exceptions are for (1) the demolition and removal of small structures, including one single-family residence and accessory structures such as garages, carports, patios, swimming pools and fences; (2) the construction of one-single residence in a residential zone, including accessory (appurtenant) structures such as garages, carports, patios, swimming pools and fences; and (3) side yard and setback variances in areas with an average slope of less 20 percent, which do not result in any changes in land use or density, and furthermore do not result in the creation of any new parcels. The project will not have a significant effect on the environment and all the requirements of CEQA have been met; and WHEREAS, on Mar. 9, 2022, the city distributed a notice of intended decision to adopt the "Existing Facilities; New Construction or Conversion of Small Structures; and Minor Alterations in Land Use Limitations" exemptions. The notice was circulated for a 10-day period, which began on Mar. 9, 2022 and ended on Mar. 20, 2022. The city did not receive any comment letters on the CEQA findings and determination. The effective date and order of the city planner CEQA determination was Mar. 20, 2022; and WHEREAS, the Planning Commission did, on May 18, 2022, hold a duly noticed public hearing as prescribed by law to consider said request; 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 Coastal Development Permit and Minor Variance. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES CDP 2021-0025/V 2021-0001 -SWAN RESIDENCE, based on the following findings and subject to the following conditions: Findings: Coastal Development Permit PC RESO NO. 7447 -2- 1. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the site is designated for residential development, and the project proposes the demolition of an existing one-story single-family residence to construct a new two-story single-family residence with mezzanine and an attached garage. The development is consistent with the LCP Mello II R-15 land use designation. No agricultural activities, sensitive resources, geological instability, flood hazard or coastal access opportunities exist onsite. Given that the project is located in a residential neighborhood where the majority of dwellings are one-and two-stories with an occasional three-story structure, the construction of a new two- story single-family residence with a mezzanine will not obstruct views of the coastline as seen from public lands or public right-of-way, nor otherwise damage the visual beauty of the Coastal Zone. 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the property is not located adjacent to the coastal shore; therefore, it will not interfere with the public's right to physical access or water-oriented recreational activities. 3. 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 (equal to or greater than 25% gradient) 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. Minor Variance 4. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification in that the subject lot is considered substandard at 3,748 square feet, which is approximately 50 percent of the 7,500-square-foot minimum lot size for the R-3 zone. The lot was legally created more than 95 years ago and is one of the smaller lots within the subdivision and surrounding area. The strict application of the zoning ordinance requiring residential buildings to be 20 feet from the front and 10 feet from the rear property lines physically constrains or constricts development onsite from satisfying current development standards. Additionally, the configuration of the substandard lot is considered shallow (75 feet) when a typical lot in the R-3 zone is approximately 125 feet in depth, furthering the deprivation for future development. Furthermore, without approval of the minor variance, the applicant could not achieve a similar building footprint and square footage enjoyed by other properties located within the subdivision and surrounding neighborhood. 5. That the minor variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located and is subject to any conditions necessary to assure compliance with this finding in that the surrounding neighborhood consists of substandard lot sizes and developed properties that generally do not meet the current R-3 development standards. Most of the surrounding lots have been developed in a way that does not meet at least one of the current required development standards of the R-3 zone. Deviations on other lots include front yard, rear yard, and side yard setback reductions and reduced off-street covered parking requirements. Many other properties in the neighborhood were originally built with reduced front, side, and rear PC RESO NO. 7447 -3- yard setbacks. Minor variances for setback reductions have been granted to other properties in the same zone and vicinity. Therefore, the minor variance is not considered a grant of special privilege. Overall, the proposed front yard setback reduction to 15 feet and rear yard setback reduction to eight feet four inches are similar to other nearby properties within the neighborhood. 6. That the minor variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the subject property in that the granting of a minor variance to reduce the required front yard setback from 20 feet to 15 feet and the rear yard setback from 10 feet to eight feet four inches does not authorize a use which is not otherwise expressly permitted by the zoning regulations. A one-family dwelling is allowed by right within the Multiple-Family Residential (R-3) zone. Therefore, a deviation from the setback standards does not authorize a use or activity which is not authorized by the zone. 7. That the minor variance is consistent with the general purpose and intent of the general plan and any applicable specific or master plans in that the project consists of a new single-family home with a two-car garage. The proposed use is expressly authorized by the Zoning Ordinance and General Plan regulations governing the subject property. The granting of a minor variance for front yard and rear yard setbacks to allow for the construction of a new home is consistent with the general purpose and intent of the General Plan for the R-15 Residential Land Use designation. 8. The minor variance is consistent with the general purpose and intent of the certified local coastal program and does not reduce or in any manner adversely affect the requirements for protection of coastal resources in that the project consists of the construction of a new 3,348 square foot single-family residence with an attached two-car car garage in an area designated for residential development. The proposed two-story, single-family residence with mezzanine is compatible with the surrounding development of one-and two-story single-family residences and the occasional three-story structure. The two-story residence with mezzanine will not obstruct views of the coastline as seen from public lands or the public right-of-way, nor otherwise damage the visual beauty of the coastal zone. No agricultural uses or sensitive resources currently exist on this previously graded and developed site. The proposed single-family residence is not located in an area of known geologic instability or flood hazard. Given that the site does not have frontage along the coastline, no public opportunities for coastal shoreline access or water-oriented recreational activities are available from the subject site. Furthermore, the subject property is a developed parcel that does not include steep slopes (equal to or greater than 25% gradient), native vegetation, nor is it located in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction. Therefore, the granting of such minor variance to construct a single-family residence will not adversely affect the Local Coastal Program. General 9. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the city's General Plan, in that the General Plan Land Use designation for the property is R-15 Residential, and under Land Use Element Policy 2-P.7 one single-family dwelling is permitted to be constructed on a legal lot that existed as of October 28, 2004. The subject lot was legally created on June 18, 1927. Therefore, the existing single-family residence is consistent with the Elements of the city's General Plan. PC RESO NO. 7447 -4- 10. 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 ensu re 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. 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 Planning Commission expressly declares that it would not have approved this Coastal Development Permit and Minor Variance application to use the Property for completing and implementing the project, except upon and subject to each and all of the conditions hereinafter set, each and all of which shall run with the land and be binding upon the Developer and all persons who use the Property for the use permitted hereby. For the purposes of the conditions, the term "Developer" shall also include the project proponent, owner, permittee, applicant, and any successor thereof in interest, as may be applicable. If the Developer fails to file a timely and valid appeal of this Coastal Development Permit and Minor Variance within the applicable appeal period, such inaction by the Developer shall be deemed to constitute all of the following on behalf of the Developer: a. Acceptance of the Coastal Development Permit and Minor Variance by the Developer; and b. Agreement by the Developer to be bound by, to comply with, and to do all things required of or by the Developer pursuant to all of the terms, provisions, and conditions of this Coastal Development Permit and Minor Variance or other approval and the provisions of the Carlsbad Municipal Code applicable to such permit. 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 issuance of a building permit or grading permit, whichever occurs first. 1. Approval is granted for CDP 2021-0025/V 2021-0001-SWAN RESIDENCE as shown on Exhibits "A" -"L", dated May 18, 2022, on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. PC RESO NO. 7447 -5- 2. 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 ofthis Coastal Development Permit and Minor Variance. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit and Minor Variance 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. 4. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 5. 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. 6. 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 Coastal Development Permit and Minor Variance, (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. 7. 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 or other, 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. 8. 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. PC RESO NO. 7447 -6- 9. 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. 10. 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. 11. Prior to 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 Coastal Development Permit and Minor Variance by Resolution No. 7447 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 12. 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. 13. If building permits are not applied for within two years of demolishing the existing single-family home, credit will no longer be given for the existing single-family home, and in such a case, prior to issuance of building permits the Developer shall pay to the city an inclusionary housing in-lieu fee as an individual fee on a per market rate dwelling unit basis in the amount in effect at the time, as established by City Council Resolution from time to time. 14. The project is subject to the Prescriptive Compliance Option (PCO) of the City of Carlsbad's Landscape Manual. Developer shall construct and install all landscaping and irrigation as shown on the PCO plan approved as part of this project and on file in the Planning Division. Prior to issuance of a building permit, Developer shall submit an application pursuant to the landscape plan check process on file in the Planning Division; however, no landscape plans are required, and Developer shall only be responsible to pay the landscape inspection fee, with said application. The approved PCO plan will be utilized by the city as part of the project's final inspection process. Engineering Conditions General 15. 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. 16. 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. 7447 -7- 17. 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 18. 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. 19. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 20. Developer shall cause property owner to enter into a Neighborhood Improvement Agreement with the city on a city standard form for the future public improvement of Ocean Street along the property frontage for a half street width of 25 feet. Public improvements shall include but are not limited to paving, base, sidewalks, curbs and gutters, medians, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, streetlights, pedestrian ramp, retaining walls and reclaimed water. Grading 21. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports as required by city engineer, post security and pay all applicable grading plan review and permit fees per the city's latest fee schedule. 22. Prior to approval of the grading plans, the applicant 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, material deliveries, 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. All material staging, construction trailers, bathroom facilities, etc. shall be located outside the public right-of-way unless otherwise approved by the city engineer or Construction Management & Inspection engineering manager. Storm Water Quality 23. 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. 24. 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. PC RESO NO. 7447 -8- Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 25. Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form. Developer is responsible to ensure that all final design plans, grading plans, and building plans incorporate applicable best management practices (BMPs). These BMPs include site design, source control and Low Impact Design (LID) measures including, but not limited to, minimizing the use of impervious area (paving), routing run-off from impervious area to pervious/landscape areas, preventing illicit discharges into the storm drain and adding storm drain stenciling or signage all to the satisfaction of the city engineer. Dedications/Improvements 26. Developer shall cause owner to dedicate to the legal description an easement for private sewer purposes as shown on the site plan. The offer shall be made by a separate recorded document. Additional easements may be required at final design to the satisfaction of the city engineer. 27. Developer shall cause owner to dedicate to the city and/or other appropriate entities an easement for public street & public utility purposes as shown on the site plan. The offer shall be made by a separate recorded document. All land so offered shall be free and clear of all liens and encumbrances and without cost to the city. Streets that are already public are not required to be rededicated. Additional easements may be required at final design to the satisfaction of the city engineer. 28. 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-inch 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. 29. Prior to any work in city right-of-way or public easements, Developer shall apply for and obtain a right-of-way permit to the satisfaction of the city engineer. 30. Developer shall design all proposed public improvements including but not limited to sewer laterals, driveway, water services/meters, curb drains, etc. 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; or b. Construction Revision to an existing record public improvement drawing Developer shall pay plan check and inspection fees using improvement valuations in accordance with the city's current fee schedule. Developer shall execute a city standard Development Improvement Agreement to install said improvements and shall post security in accordance with C.M .C. Section 18.40.060. Developer shall apply for and obtain a right-of-way permit prior to performing work in the city right-of-way. 31. , Ocean Street shall be dedicated by owner along the project frontage based on a street center line to right-of-way width of 25 feet and in conformance with City of Carlsbad Standards. 32. Developer is responsible to ensure all existing overhead utilities servicing the subject property are to be undergrounded as shown on the Site Plan and to the satisfaction of the city engineer. No PC RESO NO. 7447 -9- new or relocated utility poles are allowed. Utilities 33. 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 grading plans. 34. 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 grading plans. Code Reminders 35. 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. 36. Prior to issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 37. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management fee for Zone 1 as required by Carlsbad Municipal Code Section 21.90.050. 38. Developer shall comply with Section 20.16.040(d) of the Carlsbad Municipal Code regarding the undergrounding of existing overhead utilities. 39. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 40. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 17.04.320. 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 TO APPLICANT The project site is within the appealable area of the California Coastal Commission. This Coastal Development Permit (CDP) shall not become effective until ten (10) working days have elapsed, without a valid appeal being filed with the Coastal Commission, following the Coastal Commission's receipt ofthe city's notice of the CDP issuance ("Notice of Final Action"). The filing of a valid appeal with the Coastal Commission within such time limit shall stay the effective date of this CDP until such time as a final decision on the appeal is reached by the Coastal Comm ission. PC RESO NO. 7447 -10- NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on May 18, 2022, by the following vote, to wit: AYES: Commissioners Kamenjarin, Lafferty, Luna, Meenes, and Sabellico NOES : ABSENT: Commissioners Merz and Stine ABSTAIN: JOSEPH STINE, Chair CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7447 -11-