Loading...
HomeMy WebLinkAbout2024-06-19; Planning Commission; Resolution 7516PLANNING COMMISSION RESOLUTION NO. 7516 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN AND COASTAL DEVELOPMENT PERMIT TO DEMOLISH TWO EXISTING SALES OFFICES AND CONSTRUCT A SALES OFFICE, SHOWROOM AND SERVICE LANE ADDITION TO AN EXISTING AUTOMOBILE DEALERSHIP, LOCATED ON A 3.39-ACRE LOT AT 5556 AND 5566 PASEO DEL NORTE, WITHIN THE CAR COUNTRY CARLSBAD SPECIFIC PLAN {SP 19(J)), THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 3. CASE NAME: PREMIER CADILLAC CASE NO.: SDP 2023-0016/CDP 2023-0026 (DEV2022-0190 WHEREAS, Crystal Cardona, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Eric Brooking, "Owner," described as LOT 9 OF CARLSBAD TRACT NO. 72-3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7492, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOV. 30, 1972. ("the Property"); and WHEREAS, said verified application constitutes a request for a Site Development Plan as shown on Exhibit(s) "A" -"N" dated June 19, 2024, on file in the Planning Division, SOP 2023-0016/CDP 2023-0026 (DEV2022-0190) -PREMIER CADILLAC as provided by Chapter 21.06 and Section 21.201.030 of the Carlsbad Municipal Code; and WHEREAS, the Planning Division studied the Site Development Plan and Coastal Development Permit application 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 15332 -In-fill Development Projects, in that project is consistent with the General Plan and Zoning Ordinance; the project site is located within the City limits, on a development area of less than five acres in size, and substantially surrounded by urban uses; there is no evidence that the project site has value as habitat for endangered, rare, or threatened species; approval of the project will not result in significant effects relating to traffic, noise, air quality, or water quality; and the site can be adequately served by all required utilities and public services. The project will not have a significant effect on the environment and all the requirements of CEQA have been met; and WHEREAS, on April 8, 2024, the city distributed a notice of intended decision to adopt the 11ln-Fill Development Projects" exemption. The notice was circulated for a 10-day period, which began on April 8, 2024 and ended on April 18, 2024. 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 April 18, 2024;and WHEREAS, the Planning Commission did, on June 19, 2024, 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. 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 2023-0016/CDP 2023-0026 (DEV2022-0190) -PREMIER CADILLAC based on the following findings and subject to the following conditions: Findings: Site Development Plan (SDP 2023-0016) 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 various goals and objectives of the General Plan will be implemented since the proposed project falls within an approved Specific Plan (Car Country Carlsbad Specific Plan), which was found to be consistent with the General Plan. The existing use, motor vehicle dealerships for retail sales and service, is a permitted use within the Car Country Carlsbad Specific Plan (SP 19(J)). The addition of a new showroom, sales office and service lane to an existing motor vehicles dealership will also comply with all applicable development standards. 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 addition of a new showroom, sales office and service lane to an existing motor vehicles dealership will not be detrimental to existing uses since the area immediately surrounding the project site to the north, east and west are also developed with motor vehicle dealerships. The project site will also not be adversely impacted as it is currently developed with an existing automobile dealership. All required roadway improvements were constructed in conjunction with the existing development on site. The project will not result in an increase in average daily trips (ADTs) as the showroom, office, and service lane will replace existing office space and the majority of the increased internal floor area will be utilized for vehicle displace. No additional employees will be required for the expansion and therefore traffic will not significantly impact the nearby intersections and freeway on/off ramps. 3. That the site for the intended development or use is adequate in size and shape to accommodate the use, in that the addition of a new showroom, sales office and service lane for an existing motor vehicles dealership complies with the required development and design standards of the Car Country Carlsbad Specific Plan (SP 19(J)). The project is consistent with the required setbacks and has a proposed lot coverage of 24.4%, which is below the allowable lot coverage of 25%. The height of the showroom/sales office and service lane comply with the height limitations of the Car Country Specific Plan. 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 site functions as a component of the Specific Plan's allowed automobile sales, service, and auto-related uses. The project has been designed in accordance with all development and design standards of the Car Country Carlsbad Specific Plan (SP 19(J)) and, therefore, the project is compatible with existing permitted and future uses. Specifically, the proposed new showroom, sales office and service lane will be setback from the property line along Car Country Drive a distance of 79 feet (45-foot minimum required), and 45 feet from the property line along Paseo Del Norte (25-foot minimum required). In addition, circulation, access aisles, parking spaces and landscaping will meet city code requirements. 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 the proposed project, which consists of the demolition of two existing office spaces to allow for a replacement sales office, showroom and service lane addition, will result in an increase in building area; however, the number of employees will remain the same. Additionally, the majority of the increased area is to accommodate vehicle display. Therefore, no new vehicle trips are expected with the buildout of the project and there will be no increase to traffic. Access to the site will continue to be provided by a total of three existing driveways, one along Car Country Drive and two along Paseo Del Norte. The south most driveway approach on Paseo Del Norte will be reconstructed for ADA compliance. Furthermore, the proposed service lane will replace the existing service lane attached to Building A, which will allow for additional vehicle queuing. The project is also conditioned to contain all parking and queuing on-site to avoid any parking or queuing within the public right-of-way. Coastal Development Permit (CDP 2023-0026) 6. That the proposed development is in conformance with the Mello II Segment of the Certified Local Coastal Program and all applicable policies in that the proposed sales office, showroom and service lane addition to the existing automobile dealership is consistent with the LCP Land Use Plan, which designates the site Regional Commercial (R) and allows for regional commercial- related uses. Furthermore, no agricultural activities, sensitive resources, geological instability, flood hazard, or coastal access opportunities exist onsite, and the development does not obstruct views of the coastline as seen from public lands or public right-of-way or otherwise damage the visual beauty of the coastal zone. 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 located adjacent to the shoreline. Therefore, the project will not interfere with the public's right to physical access to the ocean and the site is not suited for water-oriented recreational activities. 8. 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. 9. The project is not between the sea and the first public road parallel to the sea and therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance). General 10. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan, based on the facts set forth in the staff report dated June 19, 2024 including, but not limited to the following: a. Land Use & Community Design -The automative sales and services project is consistent with the elements and objectives of the General Plan as discussed in Section "A" of the Project Analysis. The proposed project falls within an approved Specific Plan (Car Country Carlsbad Specific Plan), which was found to be consistent with the General Plan. The existing use, motor vehicle dealerships for retail sales and service, is a permitted use within the Car Country Carlsbad Specific Plan (SP 19(J)). b. Mobility -The proposed project has been designed to meet all circulation requirements, including vehicular access to and from Car Country Drive and Paseo Del Norte. In addition, the applicant will be required to pay any applicable traffic impact fees, prior to issuance of a building permit, that will go toward future road improvements. c. Housing -The project is not adding additional housing units. Therefore, the project is not subject to inclusionary housing requirements. d. Public Safety -The proposed structural improvements will be required to be designed in conformance with all seismic design standards. In addition, the proposed project is consistent with all the applicable fire safety requirements including fire sprinklers. Additionally, the proposed project is not located in an area of known geologic instability or flood hazard and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. 11. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 3 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 project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. c. The Local Facilities Management fee for Zone 3 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 12. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50}. 13. The City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15332 -In-fill Development Projects, of the state California Environmental Quality Act (CEQA) Guidelines. 14. 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 grading permit. l. 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 Permit. 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 Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the city arising, directly or indirectly, from (a) city's approval and issuance of this Site Development Plan and Coastal Development Permit, (b) city's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and 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 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. 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 3 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 3, 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 or building permit, whichever occurs first, 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 Site Development Plan and Coastal Development Permit by this Resolution on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 13. 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 plancheck 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. 14. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community and Economic Development Department and Planning 15. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner of an Outdoor Storage Plan, and thereafter comply with the approved plan. 16. Developer shall construct, install, and stripe not less than 135 parking spaces, as shown on Exhibits "A" -"N" dated June 19, 2024. 17. Additional fleet/display parking is permitted; however, all parking and vehicle queuing shall be contained on-site outside of the public right-of-way and in no case shall parking impact circulation into the public road network. 18. Any signs proposed for this development shall at a minimum be designed in conformance with the city's Sign Ordinance and the Car Country Carlsbad Specific Plan (SP 19) sign standards and shall require review and approval of the City Planner prior to installation of such signs. 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 19. 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. 20. 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. 21. 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. 22. 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. 23. Property owner shall maintain all landscaping (street trees, tree grates, shrubs, ground cover, etc.) and irrigation along the parkway frontage with Paseo Del Norte and Car Country Drive as shown on the Site Plan. Fees/ Agreements 24. 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. 25. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 26. Developer shall cause property owner to submit an executed copy to the city engineer for recordation a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement. Grading 27. 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 28. 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. 29. Developer shall complete and submit to the city engineer a Determination of Project's SWPPP Tier Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) to the satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 30. This project is subject to 'Priority Development Project' requirements and trash capture 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. 31. 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. Dedications/Improvements 32. 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. 33. 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. 34. Developer shall prepare and process public improvement plans and, prior to city engineer approval of said plans, shall execute a city standard Development Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements shown on the site plan. Said improvements shall be installed to city standards to the satisfaction of the city engineer. These improvements include, but are not limited to: A. Replacement of curb ramp at the northeast corner of Paseo Del Norte and Car Country Drive, as needed, to conform with current accessibility requirements. B. Installation of new water and fire sprinkler service in Paseo Del Norte. C. Installation of new driveway approach on Paseo Del Norte. Additional public improvements required in other conditions of this resolution are hereby included in the above list by reference. Developer shall pay the standard improvement plan check and inspection fees in accordance with the fee schedule. Improvements listed above shall be constructed within 36 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 35. 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 and/or aisles with an ADT greater than 500 . Prior to completion of grading, the final structural pavement design of the aisle ways shall be submitted together with required R-value soil test information subject to the review and approval of the city engineer. 36. 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 [Tentative Map/Site Plan] and to the satisfaction of the city engineer. These facilities shall be constructed within the property. Utilities 37. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. 38. 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. 39. 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. 40. 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. 41. The developer shall design and agree to construct public water, sewer, and recycled water facilities substantially as shown on the site plan to the satisfaction of the district engineer and city engineer. Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 42. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the City of Carlsbad Municipal Code to the satisfaction of the city engineer. 43. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the site plan are for planning purposes only. NOTICE TO APPLICANT An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission's decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal prior to any judicial review. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date 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 .