HomeMy WebLinkAbout2001-05-21; Design Review Board; Resolution 2761
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A RES0
DESIGN REVIEW BOARD RESOLUTION NO. 276
UTION OF THE DESIGN REVIEW BOARD OF THE CITY
OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF
MAJOR REDEVELOPMENT PERJNK NUMBER RP99-14 FOR THE
CONSTRUCTION OF AN 80-BED DORMITORY ON THAT
PORTION OF THE ARMY & NAVY ACADEMY PROPERTY
GENERALLY LOCATED ON THE WEST SIDE OF CARLSBAD
BLVD. SOUTH OF PACIFIC AVENUE IN LAND USE DISTRICT 9
OF THE VILLAGE REDEVELOPMENT AREA AND IN LOCAL
FACILITIES ZONE 1.
CASE NAME: ARMY & NAVY ACADEMY DORMITORY
APN: 203-041-02 & 203-010-16
CASE NO: RP 99-14
WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad
approved Resolution No, 273 on the 12th day of December, 1995 approving a Negative
Declaration, Redevelopment Permit (RP 94-02) and Coastal Development Permit (CDP 94-02)
establishing a Master Site Plan for the Army & Navy Academy on property generally located
along the east and west sides of Carlsbad Boulevard north of Beech Avenue; and
WHEREAS, Resolution No. 273 remains effective and establishes the permitted land use
for the property within the Master Site Plan boundaries; and
WHEREAS, in accordance with Resolution No. 273 a Major Redevelopment Permit is
required for all development within the boundaries of the Master Site Plan in the V-R Zone to
insure the proposed project is in compliance with the adopted Master Site Plan, the Design
Guidelines, and the conceptual landscape plan for the Army & Navy Academy property; and
WHEREAS, Army & Navy Academy, a non-profit organization, “Developer”, has
filed a verified application with the Redevelopment Agency of the City of Carlsbad regarding
property it owns, and known as Assessor Parcel Number 203-041-02 and 203-010-16, and
more thoroughly described in Attachment A, “the property”; and
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WHEREAS, said application constitutes a request for a Major Redevelopment Permit, as
shown on Exhibits “A-J” dated May 21, 2001, on file in the Housing and Redevelopment
Department, “Army & Navy Academy Dormitory RP 99-14”, as provided by Chapter
21.35.080 of the Carlsbad Municipal Code; and
WHEREAS, the Design Review Board did on the 21St day of May 2001, 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 persons desiring to be heard, said Board considered all factors relating to
“Army & Navy Academy Dormitory RP 99-14”.
NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as
follows:
A. That the foregoing recitations are true and correct.
B. That based on the evidence presented at the public hearing, the Design Review
Board RECOMMENDS APPROVAL of Army & Navy Academy Dormitory
RP 99-14, based on the following findings and subject to the following
conditions:
GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS:
1. 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 preparation of
environmental documents pursuant to Section 15302 (Replacement or reconstruction of a
pre-existing structure on the same site) of the state CEQA Guidelines. 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.
2. The Design Review Board finds that the project, as conditioned herein, is in conformance
with the Elements of the City’s General Plan, the Carlsbad Village Area Redevelopment
Plan, Village Master Plan and Design Manual, and Army & Navy Academy Master Site Plan
and Design Guidelines as amended herewith based on the facts set forth in the staff report
dated May 21,2001 including, but not limited to the following:
a. The project is consistent with the goals and objectives for the Village, as
outlined in the Carlsbad General Plan, in that it serves to preserve and
DRB RES0 NO. 276 -2-
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b.
C.
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enhance the existing Army & Navy Academy campus by providing for a
newkeplacement residential facility.
The project is consistent with Village Redevelopment Master Plan and
Design Manual in that, as set forth in the Village Master Plan, the land use
and site lay-out for the Army & Navy Academy campus were approved
through a Master Site Plan (RP 94-02, CDP 94-02, CUP 94-02) by the
Housing and Redevelopment CommissiodCity Council (Resolution No. 273)
on December 12,1995. Furthermore, the proposed project is consistent with
the development standards set forth in the Village Master Plan for land use
district 9.
The project is consistent with the Army & Navy Academy Master Site Plan
in that the approved site plan identifies the replacement of Dorman Hall with
a two-story dormitory. In addition, development of the proposed project will
not result in an increase in the maximum student enrollment established
under the Master Site Plan.
The project as designed is consistent with the design guidelines established
for the Army & Navy Academy site approved as part of the Master Site Plan
with the incorporation of the amended architectural guidelines approved as
part of this project and identified as Exhibit “J”.
The existing streets can accommodate the estimated ADTs and all required
public right-of-way has been or will be dedicated and has been or will be
improved to serve the development. The pedestrian spaces and circulation
have been designed in relationship to the land use and available parking.
Pedestrian circulation is provided through pedestrian-oriented building
design, landscaping, and hardscape. Public facilities have been or will be
constructed to serve the proposed project. The project has been conditioned
to develop and implement a program of “best management practices” for the
elimination and reduction of pollutants which enter into and/or are
transported within storm drainage facilities.
The proposed project will not have an adverse impact on any open space
within the surrounding area. The project is consistent with the Open Space
requirements for new development within the Village Redevelopment Area
and the City’s Landscape Manual.
GROWTH MANAGEMENT FINDINGS:
3. The project is consistent with the City-wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 1, 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
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project will be installed to serve new development prior to or concurrent with need.
Specifically,
a. The project has been conditioned to ensure that building permits will not be
issued for the project unless the District Engineer determines that sewer
service is available, and building cannot occur within the project unless
sewer service remains available and the District Engineer is satisfied that the
requirements of the Public Facilities Element of the General Plan have been
met insofar as they apply to sewer service for this project.
b. All necessary public improvements have been provided or are required as
conditions of approval and the applicant is conditioned to execute a
Neighborhood Improvement Agreement (NIA) with the City for future
public improvements.
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.
NOLLAN/DOLAN FINDING:
4. The Design Review Board 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.
GENERAL CONDITIONS:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of
building permits.
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/Agency 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
violation. No vested rights are gained by Developer or a successor in interest by the
Ci ty’s/Agency’s approval of this Major Redevelopment Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Major Redevelopment 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.
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3.
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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.
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 Housing and Redevelopment Commission determines that the project
without the condition complies with all requirements of law.
The Developer/Operator shall and does hereby agree to indemnify, protect, defend and
hold harmless the Redevelopment Agency of the City of Carlsbad, its governing body
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 Agency arising, directly or indirectly, from (a) Agency’s
approval and issuance of this Major Redevelopment Permit, (b) Agency’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.
The Developer shall submit to the Housing and Redevelopment Department a
reproducible 24” x 36”, mylar copy of the Major Redevelopment Permit reflecting the
conditions approved by the final decision making body.
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.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad School District that this project has satisfied its obligation to
provide school facilities.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 1 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
This approval is granted subject to the approval of CDP 99-49 and is subject to all
conditions contained in Design Review Board Resolution No. 277 for that other
approval.
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.
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Landscape Conditions:
12. The Developer shall submit and cdain Planning Director approval of a Final Landscape
and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan
and the City’s Landscape Manual. The Developer shall construct and install all
landscaping as shown on the approved Final Plans, and maintain all landscaping in a
healthy and thriving condition, free from weeds, trash, and debris.
13. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on file in the Planning Department and accompanied by the
project’s building, improvement, and grading plans.
Noticinp Conditions:
14. Prior to the issuance of the building permit, 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 Housing and Redevelopment Director, notifying all interested parties and
successors in interest that the City of Carlsbad has issued a Major Redevelopment
Permit and Coastal Development Permit by Resolution(s) No. 276 and 277 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 condltions of
approval as well as any conditions or restrictions specified for inclusion in the Notice of
Restriction. The Housing and Redevelopment 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.
On-site Conditions:
15.
16.
17.
18.
No outdoor storage of material shall occur onsite unless required by the Fire Chief. When
so required, the Developer shall submit and obtain approval of the Fire Chief and
Housing and Redevelopment Director of an Outdoor Storage Plan, and thereafter
comply with the approved plan.
The Developer shall submit and obtain Planning Director approval of an exterior lighting
plan including parking areas. All lighting shall be designed to reflect downward and
avoid any impacts on adjacent homes or property.
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 Housing and Redevelopment.
The demolition of portions of two existing dormitories and the conversion of some
existing facilities, currently being used as dormitories, back to their original uses as
faculty housing, classroom space, and administrative offices is necessary to maintain
the maximum 334-bed count. No Certificate of Occupancy for the proposed new 80-
bed dormitory building shall be issued unless all necessary conversions and
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demolitions to the existing buildings (as outlined on Exhibit “B”, dated May 21,
2001) have been completed to the satisfaction of the Housing and Redevelopment
Director.
19. All proposed parking as shown on Exhibit “C”, dated May 21, 2001, shall be
completed to the satisfaction of the Housing and Redevelopment Director prior to
issuance of a Certificate of Occupancy for the proposed 80-bed dormitory.
20. Prior to or concurrent with the processing of any future discretionary land use
permit for the subject property, the applicant shall file with the Carlsbad Planning
Department an application for amendment to Conditional Use Permit (CUP) No. 94-
02 requesting the design guidelines for those portions of the Army & Navy Academy
property located outside the redevelopment area boundaries be revised to be
identical to the amended design guidelines approved as part of this project and
identified as Exhibit “J”.
21. To mitigate impacts to the surrounding area from construction activity,
construction of the parking lot at the northwest corner of Mountain View Drive and
Carlsbad Blvd. shall be conducted first except for final surfacing then used as a
staging area for construction of the dormitory building.
22. The proposed project shall be redesigned to increase architectural articulation on
the north side of the building such that the face of the tower elements shall be
increased a minimum of 18” in depth towards Pacific Avenue. The depth of the
tower elements on the north side of the building shall be equal to the depth of the
tower elements on the south side of the building.
ENGINEERING CONDITIONS:
N0TE:Unless specifically stated in the condition, all of the following conditions, upon the
approval of this proposed Redevelopment Permit, must be met prior to approval of a
grading permit.
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, a construction staging plan and proposed haul route.
Developer shall install sight distance corridors, as shown on the Redevelopment Permit
Architectural, Civil, and, preliminary Landscape site plans, in accordance with
Engineering Standards.
2.
FeedAgreements :
3. 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.
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4. Prior to issuance of building permit, Developer shall cause property owner to enter into
a Neighborhood Improvement Agreement with the City for the future public
improvement to Pacific Avenue and Mountain View Drive along the project frontage for
a half street width of 42 feet (based on a half street of 30 feet, plus 12 feet). Public
improvements shall include but are not limited to: Paving, Base, Sidewalks, Curbs and
Gutters, Pavement Preparation, Clearing and Grubbing, Under-grounding or Relocation
of Utilities, Sewer, Water, Fire Hydrant(s), Street Light Standard(s), and Driveway
Approach, etc., to the satisfaction of the City Engineer. Developer shall process a Plat
and Legal Description (NIA Exhibit ‘A’), and submit an improvement cost estimate (used
to prepare NIA Calculation Sheet & NIA Exhibit ‘C’), through the City’s Engineering
Department as a “PR Number.” The NIA Calculation Sheet shall include, but not be
limited to, all of the above-referenced improvements, Design, 20% Contingency, and
Standard Assessment District, Plan Check and Inspection costs.
5. Developer shall submit to the City Engineer proof that a Notice of Intention for the start
of work has been submitted to the State Water Resources Control Board.
6. This project requires off site grading. No grading for private improvements shall occur
outside the limits of this approval unless Developer obtains, records and submits a
recorded copy to the City Engineer a grading or slope easement or agreement from the
owners of the affected properties. If Developer is unable to obtain the grading or slope
easement, or agreement, no grading permit will be issued. In that case Developer must
either apply for and obtain an amendment of this approval or modify the plans so grading
will not occur outside the project and apply for and obtain a plan consistency
determination from both the City Engineer and Planning Director.
7. 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 apply for and obtain a
grading permit from the City Engineer prior to issuance of a building permit for the
project.
Coastal Conditions:
8. Since a Grading Permit is required, all grading activities shall be planned in units that can
be completed by October 1st. Grading activities shall be limited to the “dry season”,
April 1st to October 1st of each year. Grading activities may be extended to November
15th upon written approval of the City Engineer, obtained in advance, and only if all
erosion control measures are in place by October 1st.
DedicationsDmprovements:
9. Additional drainage easements may be required. Developer shall dedicate and provide or
install drainage structures, as may be required by the City Engineer, prior to or concurrent
with any grading or building permit.
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Mountain View Drive shall be dedicated by Owner along the project frontage based on a
centerline to right-of-way width of 30 feet, including the curb return radius (35'
radius) at the northwest corner of the Mountain View DrivdCarlsbad Boulevard
intersection, and in conformance with City of Carlsbad Standards. Additionally, the
Owner shall also dedicate a %-foot curb return radius at the southeast corner of the
Pacific AvenudOcean Street intersection, in conformance with City of Carlsbad
Standards.
Developer shall have the entire drainage system designed, submitted to and approved by
the City Engineer, to ensure that runoff resulting from 10-year frequency storms of 6
hours and 24 hours duration under developed conditions, are equal to or less than the
runoff from a storm of the same frequency and duration under existing developed
conditions. Both 6 hour and 24-hour storm durations shall be analyzed to determine the
detention basin capacities necessary to accomplish the desired results.
Developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System ("DES) 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.
B.
C.
All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dlspose of toxic
and hazardous waste products;
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;
Best Management Practices shall be used to eliminate or reduce surface
pollutants when planning any changes to the landscaping and surface
improvements.
The applicant shall submit for City approval, a "Storm Water Pollution Prevention Plan
(SWPPP)." The SWPPP shall be in compliance with current requirements and provisions
established by the San Diego Region Water Quality Control Board. The SWPPP shall
address measures to reduce to the maximum extent possible storm water pollutant runoff
at both construction and post-construction phases of the project. At a minimum, the Plan
shall:
A. Identify existing and post-development on-site pollutants;
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B.
C.
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Recommend source control Best Management Practices (BMPs) to filter
said pollutants;
Establish specific procedures for handling spills and routine clean up.
Special considerations and effort shall be applied to employee and
resident education on the proper procedures for handling clean up and
disposal of pollutants;
Ensure long-term maintenance of all post constructed BMPs in
perpetuity;
Identify how post-development runoff rates and velocities from the site
will not exceed the pre-development runoff rates and velocities for a 10-
year, 6-hour storm event.
Special Engineering Conditions:
14. The 48’ right of way dimension shown on the Mountain View drive typical street
section, on sheet C-4 (Civil Site Plan), shall be revised to 50’. This revision shall be
shown on the site plan conforming mylar.
15. Condition of Approval No. 10, of DRB Resolution No. 233, is still applicable to the
ANA Master Plan and is still valid and in full force and effect; however, the
condition will be held in abeyance until such time as the ANA submits for an actual
Master Plan Amendment (MPA). Once a MPA is submitted, the phasing condition
shall once again become operative, and improvements shall be completed, in
accordance with the phasing plan, the NIA, and, alternative street design criteria.
SEWER AND WATER CONDITIONS:
1. Prior to approval of improvement or grading plans, 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. Fire hydrants, if proposed, shall be
considered public improvements and shall be served by public water mains to the
satisfaction of the Deputy City Engineer - Utilities.
Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities; including, the San Dieno County Water Authority
capacity charge( s).
The Developer shall install potable water and fire service water services, and meters, at a
location approved by the Deputy City Engineer - Utilities. The locations of said services
shall be reflected on public improvement plan DWG 133-6, in accordance with a
construction change to the plan.
The Developer shall install sewer lateral(s) and clean-out(s) at a location approved by the
Deputy City Engineer - Utilities. The locations of the sewer lateral(s) shall be reflected on
2.
3.
4.
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public improvement plan DWG 133-6, in accordance with a construction change to
the plan.
STANDARD CODE REMINDERS:
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following code requirements.
Fees:
1. 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 1, pursuant to Chapter 21.90. All such
taxedfees shall be paid at issuance of building permit. If the taxedfees and not paid, this
approval will not be consistent with the General Plan and shall become void.
The Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
2.
General:
3. This approval shall become null and void if building permits are not issued for this
project within 24 months from the date of final project approval.
4. 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.
5. The project shall comply with the latest non-residential dlsabled access requirements
pursuant to Title 24 of the State Building Code.
Engineering:
6. Developer shall exercise special care during the construction phase of this project to
prevent off-site siltation. Planting and erosion control shall be provided in accordance
with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer.
Fire: -
7. All fire alarm systems shall be approved by the Fire Department prior to installation.
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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/exac ti ons . ”
You have 90 days from the 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 feedexactions
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 feedexactions 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 special meeting of the Design Review
Board of the City of Carlsbad, California, held on the 21” day of May, 2001 by the following
vote to wit:
AYES: Compas, Marquez, Heineman, Lawson
NOES: None
ABSENT: None
ABSTAIN: Mariois
DESIGN REVIEW BOARD
ATTEST:
DEBBIE FOUNTAIN
HOUSING AND REDEVELOPMENT DIRECTOR
DRB RES0 NO. 276 -12-