HomeMy WebLinkAbout2023-09-20; Planning Commission; Resolution 7495PLANNING COMMISSION RESOLUTION NO. 7495
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN
AND COASTAL DEVELOPMENT PERMIT TO ALLOW FOR
CONSTRUCTION OF A 1,174-SPACE, 387,338-SQUARE-FOOT, THREE-
STORY PARKING STRUCTURE WITHIN A PORTION OF THE LEGOLAND
CALIFORNIA RESORT PARKING LOT LOCATED SOUTH OF THE EXISTING
EMPLOYEE PARKING STRUCTURE AND ADJACENT TO THE CROSSINGS
DRIVE IN PLANNING AREA 4 OF THE CARLSBAD RANCH SPECIFIC PLAN
ON PROPERTY LOCATED AT 1 LEGOLAND DRIVE, ASSESSOR PARCEL
NUMBER 211-100-09-00, WITHIN THE MELLO II SEGMENT OF THE
LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT
ZONE 13
CASE NAME: LEGOLAND PARKING STRUCTURE NO. 2
CASE NO.: SDP 2021-0028/CDP 2021-0066 (DEV2021-
0256)
WHEREAS, Merlin Entertainments Group US Holdings, LLC, "Developer," has filed
a verified application with the City of Carlsbad regarding property owned by LEGOLAND
California Resorts, "Owner," 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, April 1, 1997 as file
number 1997-147754
("the Property"); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan and Coastal Development Permit as shown on Exhibit(s) "A" -"W" dated Sept. 20, 2023, on
file in the Planning Division, SOP 2021-0022 (DEV2021-0256)-LEGOLAND PARKING STRUCTURE
• NO. 2 as provided by Chapter 21.06 and 21.201.030 of the Carlsbad Municipal Code and the .
Carlsbad Ranch Specific Plan SP 207(K); and
WHEREAS, the Planning Commission did, on Sept. 20, 2023, 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 and Coastal Development Permit.
WHEREAS, a Program Environmental Impact Report EIR 94-01, State
Clearinghouse No. 95051001 {Planning Case Nos. EIR 94-01/GPA 94-03/SP 207{A)/LCPA 90-
08{8)/ZC 94-02/LFMP 87-13{8)/AP 76-0l{D)), was prepared and the City Council certified it on
Jan. 9, 1996, for the Carlsbad Ranch Specific Plan Amendment SP 207(A); and
WHEREAS, Pursuant to the California Environmental Quality Act, (CEQA, Public
Resources Code section 21000 et. seq.), and its implementing regulations (the State CEQA
Guidelines), Sections 15162 through 15164 set forth the criteria for determining the appropriate
additional environmental documentation, if any, to be completed when there is a previously-
certified environmental impact report (EIR) covering the project for which a subsequent
discretionary action is required; and
WHEREAS, there is no "new information of substantial importance" pursuant to
CEQA Guidelines Section 15162 through 15168 and the potential ·environmental effects of the
project were adequately analyzed by the previously-certified PROGRAM ENVIRONMENTAL
IMPACT REPORT EIR 94-01 for the CARLSBAD RANCH SPECIFIC PLAN AMENDMENT SP 207{A)
{City Council Resolution No. 96-01), Therefore, the previously-certified EIR is adequate without
modification and no additional environmental review is required; and
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 Planning
Commission APPROVES SDP 2021-0028/CDP 2021-0066 (DEV2021-00256) -
LEGOLAND PARKING STRUCTURE NO. 2, based on the following findings and
subject to the following conditions:
Findings:
Site Development Plan, SDP 2021-0028
1. 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 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 M1.micipal
Code {CMC).
2. 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 along the
east edge of the existing parking lot, setback approximately 500 feet from Palomar
Airport Road. 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, and will be finished
in an earthtone color palette, which will match or complement the existing parking
structure to the north. The combination of proposed landscaping with the retention of
existing mature trees and shrubs along The Crossings Drive will adequately screen and
soften the parking structure from off-site views. The structure is designed to follow the
slope of the existing grade. Sloping down from north to south consistent with the slope
of the adjacent street and existing landscaping, which will allow the structure to blend
in with the surrounding environment. The project will provide adequate on-and off-site ·
access, circulation, and parking during and after construction.
3. 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
ac_commodate 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.
4. 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 back from The Crossings Drive approximately
30 feet, and adequate circulation, access aisles, parking spaces, and landscaping will be
provided and maintained. The structure's height of 34 feet, two inches, 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.
5. 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 parking area accessed from Legoland Drive.
The proposed parking structure is not a traffic generating use. Therefore, there will be
no impact on the existing street systems.
Coastal Development Permit, CDP 2021-0066
6. 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.
7. 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.
8. 'rhe 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.
McClellan Palomar Airport Land Use Compatibility Plan
9. The project is consistent with the adopted Airport Land Use Compatibility Plan for the
McClellan-Palomar Airport (ALUCP), dated Dec. 1, 2011, in that:
a. 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.
b. 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 protr'usion is well below the height that requires
notification of construction to the FAA.
c. The proposed project is located within Safety Zone 6. The ALUCP identifies
parking structures within Safety Zone 6 as compatible with airport uses.
d. 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.
California Environmental Quality Act
10. Record and Basis for Action. The Planning Commission has considered the full record
before it, which includes the Record of Proceedings. Furthermore, the recitals set forth
above are found to be true and correct and material to this resolution; and are
incorporated herein by reference.
11. Compliance with CEQA. Pursuant to CEQA Guidelines · sections 15162, this project is
covered by a previously-certified Program Environmental Impact ~eport EIR 94-01, State
Clearinghouse No. 95051001 (Planning Case Nos. EIR 94-01/GPA 94-03/SP 207(A)/LCPA
90-08(8)/ZC 94-02/LFMP 87-13(B)/AP 76-0l(D)), that was prepared, and the City Council
certified it on Jan. 9, 1996, for the Carlsbad Ranch Specific Plan Amendment SP 207(A).
The effects of the project were examined in the previously certified Environ.mental Impact
Report (EIR) and all feasible mitigation measures developed in the EIR are incorporated
into the appropriate entitlements to ensure that the mitigations measures will be
implemented.
a. There are no substantial changes proposed in the project which will require major
revisions of the certified EIR.
b. There are no substantial changes with respect to the circumstances under which
the project is undertaken which will require major revisions of the certified EIR.
c. There is no new information of substantial importance, which was not known at
the time the EIR was certified by the City Council on Jan. 9, 1996. pursuant to City
Council Resolution No. 96-1.
d. The Planning Commission considered the EIR and all significant impacts and
mitigation measures in the certified EIR, and considered all written and oral
communications from the public regarding the environmental analysis, and found
that (1) The project falls under the scope of the certified EIR; (2) All significant
impacts were adequately addressed in the certified EIR; (3) The project would not
make a considerable contribution to a new significant cumulative impact; and (4)
None of the triggers for subsequent/supplemental El Rs in CEQA apply. The project
is, therefore, determined to within the scope of the certified EIR and the certified
EIR satisfies all requirements of CEQA for this later activity.
General
12. The Planning Commission finds that the project, as conditioned herein, is in conformance
with the Elements ofthe City's General Plan, based on the facts set forth in the staff report
dated Sept. 20, 2023, including, but not limited to the following.
a. Land Use & Community Design -The project is the development of an above-
ground parking structure that will increase available parking to the entire site,
thus helping accommodate future growth and accessibility to the theme park
and hotels.
The project supports the existing Legoland theme park and is adjacent to the
Mar Brisa and Grand Pacific Palisades Resorts, The Crossings at Carlsbad golf
course, and the Cannon Road and Palomar Airport Road major transportation
corridors.
b. Mobility -The parking structure will enable Legoland to better manage parking
by increasing parking availability, freeing up surface spaces for larger vehicles,
and will support alternative modes of transportation through the inclusion of
electric vehicle spaces and bicycle parkin.
The project is.intended to manage parking supply and demand more efficiently
for Legoland. The parking structure includes at least ten percent of the parking
spaces for electric vehicle and future electric vehicle parking.
The parking structure includes a secured space for 61 bicycles. Legoland provides
shower/changing facilities for employees.
13. 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. 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.
b. 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.
14. That the project is consistent with the City's Landscape Manual and Water Efficient
Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50).
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 approval of a
building or grading 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 Site Development Plan and Coastal
Development Plan.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Site Development Plan and Coastal Development Plan
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 Site Development Plan and Coastal
Development Plan, (b) city's approval or issuance of any permit or action, whether
discretionary or nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the facility
of electromagnetic fields or other energy waves or emissions. This obligation survives
until all legal proceedings have been concluded and continues even if the city's approval
is not validated.
6. Prior to submittal of the building plans, improvement plans, grading plans, or final map,
whichever occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the
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 13 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 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.
12. 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 and Coastal Development Plan by Resolution(s) No.
7495 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 ScJid notice upon a showing of good cause by the Developer
or successor in interest.
13. 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
a Luiseiio tribe. This agreement will address provision of a Luiseiio 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.
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 a building or grading
permit whichever occurs first.
General
14. 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.
15. 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.
16. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards. The property owner shall maintain this
condition.
17. Property owner shall maintain all landscaping (street trees, tree grates, shrubs,
groundcover, etc.) and irrigation along the parkway frontage with The Crossings Drive as
shown on the Tentative Map/Site Plan.
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 apply for, execute, and submit, to the city
engineer for recordation, an Encroachment Agreement covering private storm drain
located over existing public water easement as shown on the site plan. Developer shall
pay processing fees per the city's latest fee schedule.
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.
Storm Water Quality
22. 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.
23 . Developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan
(TIER 3 SWPPP). The TIER 3 SWPPP shall comply with current requirements and provisions
established by the San Diego Regional Water Quality Control Board and City of Carlsbad
Requirements. The TIER 3 SWPPP shall identify and incorporate measures to reduce
storm water pollutant runoff during construction of the project to the maximum extent
practicable. Developer shall pay all applicable SWPPP plan review and inspection fees per
the city's latest fee schedule.
24. This project is subject to 'Priority Development Project' requirements and trash capture
requirements. Developer shall prepare and process an addendum to the Regional Storm
Water Quality Management Plan (SWQMP), SDP 15-26 for Legoland, subject to city
engineer approval, to comply with the Carlsbad BMP Design Manual latest version . The
• addendum shall incorporate the revisions together with trash capture measures that
shall be implemented for the easterly basin to comply with the Carlsbad BMP Design
Manual latest version. The final SWQMP addendum 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.
25. Developer is responsible to ensure that all final design plans (grading plans, improvement
plans, landscape plans, building plans, etc.) incorporate all source control, site design,
pollutant control BMP and applicable hydromodification measures.
26. Developer shall prepare a plan amendment to the appropriate as-built drawings to
incorporate trash capture requirements, to the satisfaction of the city engineer.
Dedications/Improvements
27. 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.
28. 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.
29. Developer is responsible to ensure utility transformers or raised water backflow
preventers that serve this development are located outside the right-of-way as shown on
the site plan and to the satisfaction of the city engineer. These facilities shall be
constructed within the property.
Utilities
30. Developer shall meet with the fire marshalto determine if fire protection measures (fire
flows, fire hydrant loc.ations, building sprinklers) are required to serve the project.
31. Developer shall design and agree to construct public facilities within public right-of-way
or 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.
32. The developer shall agree to 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.
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 public improvement 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 public
improvement plans.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
35. 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, respecti_vely. The Average Daily Trips
(ADT) and floor area contained in the staff report and shown on the site plan are for
planning purposes only.
NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad
Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning
Commission's decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54:150,
the appeal must be in writing and state the reason(s) for the appeal. The City Council must make
a determination on the appeal prior to any judicial review.
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
You have 90 days from date 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 Sept. 20, 2023, by the following vote, to
wit:
AYES: Merz, Hubinger, Kamenjarin, Meenes, Sabellico, Stine
NAYES:
ABSENT:
ABSTAIN: Lafferty
PETER MERZ, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
ERIC LARDY
City Planner