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HomeMy WebLinkAboutCP 02-06; Kaiser Tentative Parcel Map; Condo Permit (CP)City of Carlsbad Planning Department April 17, 2002 Albert and Janice Kaiser/ Joyce Hickman 6844 Urubu Street Carlsbad, CA 92008 SUBJECT: CP 02-06 - KAISER TENTATIVE PARCEL MAP Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your request to convert an existing duplex into a condominium, application no. CP 02-06, as to its completeness for processing. The application is incomplete, as submitted. Attached are two lists. The first list is information which must be submitted to complete your application. This list of items must be submitted directly to your staff planner by appointment. All list items must be submitted simultaneously and a copy of this list must be included with your submittals. No processing of your application can occur until the application is determined to be complete. The second list is issues of concern to staff. When all required materials are submitted the City has 30 days to make a determination of completeness. If the application is determined to be complete, processing for a decision on the application will be initiated. In addition, please note that you have six months from the date the application was initially filed, March 25, 2002, to either resubmit the application or submit the required information. Failure to resubmit the application or to submit the materials necessary to determine your application complete shall be deemed to constitute withdrawal of the application. If an application is withdrawn or deemed withdrawn, a new application must be submitted. » Please contact your staff planner, Saima Qureshy, at (760) 602-4619, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, MICHAEL JTHOLZMILLER Planning Director MJH:SQ:cs c: Don Neu, Team Leader Mike Shirey, Project Engineer 'Tile Copy Data Entry Planning Aide 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION No. CP 02-06 Planning: Please submit two copies of building elevations and floor plans on 24" x 36" sheets folded to 8 Vz" x 11" size. The drawings shall be drawn to a scale and dimensioned. Please show the height of the buildings, location and dimensions of garages and location of one guest parking space. Engineering: Please refer to MS 02-04 regarding any incomplete items or project issues. City of Carlsbad Public Works — Engineering May 29, 2002 Albert SJanice Kaiser/Joyce Hickman 6844 Urubu Street Carlsbad, CA 92009 PROPOSED MINOR SUBDIVISION NO. MS 02-04, KAISER TENTATIVE PARCEL MAP Whereas no review of the preliminary decision was requested; and whereas the requirements of the California Environmental Quality Act and the City of Carlsbad Environmental Protection Ordinance of 1973 as amended, relating to the subject proposed parcel map have been examined by the Planning Director; and That the Planning Director 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 15301 of the state CEQA Guidelines, in that the project is an existing facility. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. Whereas the City Engineer has found that the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code and the State Subdivision Map Act, and will not cause serious public health problems, in that all structures and infrastructure are in place and the conversion to a condominium will be in conformance with all health and safety regulations; that the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed, in that the lots comply with the minimum lot sizes for the underlying R-2 Zone and that the density is within the 4 to 6 dwelling unit per acre range established by the City's General Plan and City wide Facilities and Improvement Plan; that the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that all easements have been identified and no conflicts will occur with the newly subdivided property; that the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act); that the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that structures are oriented in a east-west alignment to take advantage of shade/prevailing breezes; that the City Engineer has considered, in connection with the housing proposed by this subdivision, the housing needs for the region, and balanced those housing needs against the public 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-2720 • FAX (760) 602-8562 service needs of the City and available fiscal and environmental resources; that the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish and wildlife or their habitat, in that the property is an infill lot and does not provide habitat to fish or wildlife; that the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that no development or grading is proposed under the proposed subdivision of land. Therefore, the City Engineer hereby approves the subject tentative parcel map subject to the conditions set forth in the preliminary approval letter dated May 14, 2002. If you have any questions, please contact David Rick at (760) 602-2781. Sincerely, Robert J. Wojcik Deputy City Engineer C: David Rick, Assistant Engineer Senior Office Specialist, Dev. Services Saima Qureshy, Project Planner City of Carisbad Public Works - Engineering May 14, 2002 Albert SJanice Kaiser/Joyce Hickman 6844 Urubu Street Carlsbad, CA 92009 PROPOSED MINOR SUBDIVISION NO. MS 02-04, KAISER TENTATIVE PARCEL MAP A preliminary decision has been made, pursuant to Section 20.24.120 of the City of Carlsbad Municipal Code, to approve the tentative parcel map of the proposed minor subdivision subject to conditions that follow in this letter. Unless specifically stated in the condition, all of the following conditions, upon the approval of this tentative parcel map, must be met prior to approval of a final parcel map. Engineering Conditions: NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed tentative map, must be met prior to approval of a final map. General 1. 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. 2. Prior to issuance of any building permit, Developer shall comply with the requirements of the City's anti-graffiti program for wall treatments if and when such a program is formally established by the City. 3. MS 02-04 is subject to the approval and conditions of CDP 02-06. 4. Developer shall submit to the City Engineer, a reproducible 24" x 36", mylar copy of the tentative map and a digital copy of said map using NAD 83' reflecting the conditions approved by the final decision making body. The reproducible shall be submitted to the City engineer, reviewed and, if acceptable, signed by the City's project engineer and project planner prior to submittal of the building plans, final map, improvement or grading plans, whichever occurs first. The digital file copy shall be submitted in a format as approved by the City Engineer. 5. Developer shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, agents, officers, and representatives, from and against any and all liabilities, losses, damages, demands, claim 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 tentative parcel map, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, including an action filed within the time period specified in Government Code Section 66499.37 and (c) Developer's installation and operation of 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 6O2-272O • FAX (760) 602-8562 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. 6: Developer shall provide to the City Engineer, an acceptable means, CC&Rs or/and other recorded document, for maintaining the private easements within the subdivision and all the private improvements: streets, sidewalks, street lights, and storm drain facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. 7. There shall be one Final Map recorded for this project. Fees/Agreements 8. Prior to approval of any grading or building permits for this project, Developer shall cause Owner to give written consent to the City Engineer to the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. 1, on a form provided by the City Engineer. Dedications/Improvements 9. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit. Developer shall provide improvements constructed pursuant to best management practices as referenced in the "California Storm Water Best Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: A. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. Final Map Notes 10. Developer shall show on Final Map the net developable acres for each parcel. Code Reminder The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 11. The tentative map shall expire twenty-four (24) months from the date this tentative map approval becomes final. Water 12. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. Developer shall pay the San Diego County Water Authority capacity charge(s) prior to issuance of Building Permits. 13. The Developer shall install potable water and recycled water services and meters at a location approved by the District Engineer. 14. The Developer shall provide separate potable water meters for each separately owned unit. 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 occupancy. A note to this effect shall be placed on the Final Map, as non-mapping data. 16. The Developer shall meet with and obtain approval from the Leucadia County Water District regarding sewer infrastructure available or required to serve this project. The developer may request a review of the preliminary decision with the City Engineer in writing within ten (10) days of the date of this letter. Upon such written request the City Engineer shall arrange a time and place with the developer for such review. The City Engineer has reviewed each of the exactions imposed on the developer contained in these conditions of approval, 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 degree of the exaction is in rough proportionality to the impact caused by the project. If you have any questions, you may contact David Rick at (760) 602-2781. ROBERT J. WOJCIK Deputy City Engineer file David Rick, Assistant Engineer Saima Qureshy, Associate Planner •^ •^^ City of Carlsbad Planning Department April 23, 2002 Albert and Janice Kaiser/Joyce Hickman 6844 Urubu Street Carlsbad, CA 92008 SUBJECT: CP 02-06/MS 02-04 - KAISER TENTATIVE PARCEL MAP The City has completed a review of the application for a two-unit condominium conversion located at 6844 & 6946 Urubu Street (APN 215-340-22), Carlsbad CA. It is the Planning Director's determination that based on the attached conditions, the project is consistent with the City's condominium regulations (Chapter 21.45) and with all other applicable City Ordinances and Policies. Further, the project has been found to be categorically exempt from environmental review according to Section 15303(b) of the California Environmental Quality Act and a Notice of Exemption will be filed on project approval. This letter, including the listed findings and conditions, constitutes APPROVAL of CP 02-067 MS 02-04 - Kaiser Tentative Parcel Map, as shown on Exhibit A dated April 23, 2002, on file in the Planning Department and incorporated herein by reference. Findings: 1 . That the granting of this permit will not adversely affect and will be consistent with the Municipal Code, the General Plan, applicable specific plans, master plans, and all adopted plans of the City and other governmental agencies, in that the project density of 6.8 du/acre is consistent with the Residential Medium Density (RM) land use designation, and the project is consistent with the Housing Element and the inclusionary housing ordinance as the developer has been conditioned to pay an inclusionary housing in-Iieu fee per unit. 2. That the proposed use at the particular location is necessary and desirable to provide a service or facility which will contribute to the long-term general well-being of the neighborhood and the community, in that the 2-unit condominium is consistent with the surrounding development of multi-family apartment and condominium projects. 3. That such use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity, in that the project is consistent with the General Plan and Zoning Designations which permits multi-family attached condominiums. 4. That the proposed Planned Development meets all of the minimum development standards set forth in Chapter 21.45.090, the design criteria set forth in Section 21.45.080, and has been designed in accordance with the concepts contained in the Design Guidelines Manual, in that the project does not exceed the allowed density of 8 dwelling units per acre; setback requirements have been met, two-car garages have been provided for each residence; one required guest parking space has been provided, parking areas meet the required setbacks; and the required common active recreation open space has been provided in addition to private rear yard patio areas and/or balconies. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us CP 02-067 MS 02-04 - Kj«R TENTATIVE PARCEL MAP April 23, 2002 Page 2 5. That the proposed project is designed to be sensitive to and blend in with the natural topography of the site, and maintains and enhances significant natural resources on the site, in that the building is existing and its architectural design blends in with the topography of the site and other existing development around the subject site. 6. That the proposed project's design and density of the developed portion of the site is compatible with surrounding development and does not create a disharmonious or disruptive element to the neighborhood, in that the proposal is consistent with the surrounding development of two-and three-story apartment and condominiums. 7. That the project's circulation system is designed to be efficient and well integrated with the project and does not dominate the project in that adequate public facilities necessary to serve this project will be provided as required by the City Engineer in conjunction with the approval of parcel map (MS 02-04) required for this project. 8. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 6 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 San Marcos Unified School Districts that the project has satisfied its obligation for school facilities. B. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permit. C. 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. D. The Local Facilities Management fee for Zone 6 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 9. That the Planning Director has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15303(b) of the state CEQA Guidelines and will not have any adverse significant impact on the environment. Conditions: General: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to parcel map approval. 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; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their CP 02-067 MS 02-04 - KOKR TENTATIVE PARCEL MAP April 23, 2002 Page 3 violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Condominium Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Parcel Map/Condominium Site 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. The 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. The 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 Condominium Permit, (b) City's approval or issuance of any permit or action, whether discretionary or non-discretionary, 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. 6. The Developer shall submit to the Planning Director a reproducible 24" x 36", mylar copy of the Tentative Parcel Map/Condominium Site Plan reflecting the conditions approved by the final decision making body prior to Final Map approval of MS 02-04. 7. The Developer shall include, as part of the plans submitted for any permit plan check, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format. 8. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from San Marcos School District that this project has satisfied its obligation to provide school facilities. 9. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 6 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 10. This approval is granted subject to the approval of MS 02-04 and is subject to all conditions contained in MS 02-04 for those other approvals. 11. This project is being approved as an air space condominium. There will be no individual ownership of land. A note to this effect shall be placed on the final map with the exact wording to the satisfaction of the Planning Director. 12. At issuance of building permits, or prior to the approval of a final map and/or issuance of certificate of compliance for the conversion of the existing duplex to air-space condominiums, the Developer shall CP 02-067 MS 02-04 - KR TENTATIVE PARCEL MAP April 23, 2002 Page 4 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. 13. The Developer shall construct and install all landscaping as shown on the approved Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 14. The Developer shall establish a homeowner's association and corresponding covenants, conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. Prior to parcel map approval the Developer shall provide the Planning Department with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the Planning Director. At a minimum, the CC&Rs shall contain the following provisions: A. General Enforcement by the City. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. B. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. C. Failure of Association to Maintain Common Area Lots and Easements, hi the event that the Association fails to maintain the "Common Area Lots and/or the Association's Easements" as provided in Article , Section the City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association's Easements within the period specified by the City's notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. D. Special Assessments Levied by the City. In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association's Easements, the City shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and or Association's Easements. The City shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment against the Owners of each Lot in the Project for an equal prorata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon - . CP 02-067 MS 02-04 - KAWR TENTATIVE PARCEL MAP April 23, 2002 Page5 each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and his/her respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration. E. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit . 15. This project is being approved as a condominium permit for residential homeownership purposes. If any of the units in the project are rented, the minimum time increment for such rental shall be not less than 26 days. The CC&Rs for the project shall include this requirement. 16. The developer shall submit to the Planning Director a recorded copy of the Condominium Plan which is in conformance with the City approved documents and exhibits. 17. Prior to the approval of the Parcel Map, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Condominium Permit, file No. CP 02-06 on the real property owned by the Developer. 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 Planning Director 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. STANDARD CODE REMINDERS Fees 18. The Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. 19. Developer shall pay the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), and the Citywide Public Facilities Fee imposed by City Council Policy #17, 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 6, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees and not paid, this approval will not be consistent with the General Plan and shall become void. General 20. 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. 21. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. * CP 02-067 MS 02-04 - KAHER TENTATIVE PARCEL MAP April'23, 2002 Page 6 22. Addresses, approved by the Building Official, shall be placed on all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast to their background color, as required by Carlsbad Municipal Code Section 18.04.320. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest 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. If you have any further questions, please call Saima Qureshy in the Planning Department at (760) 602-4619. Sincerely, MICHAEL J. HOLZMILLER Planning Director MJH:SQ:cs Attachment c: Mike Shirey Don Neu "•"•FiTe Copy Data Entry