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HomeMy WebLinkAbout2001-11-26; Design Review Board; Resolution 279c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DESIGN REVIEW BOARD RESOLUTION NO. 279 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MAJOR VARIANCES FOR FRONT AND REAR YARD SETBACKS WHICH EXCEED THE MAXIMUM STANDARD RANGE AND ROOF ELEMENTS ON THE INTERIOR OF THE PROJECT THAT ARE BELOW THE MINIMUM 5:12 ROOF PITCH, FOR A NEW SELF-STORAGE FACILITY ON PROPERTY LOCATED ON THE WEST SIDE OF TYLER STREET BETWEEN PINE AVENUE AND WALNUT AVENUE IN LAND USE DISTRICT 6 OF THE CARLSBAD VILLAGE REDEVELOPMENT AREA AND IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: APN: REDEVELOPMENT PERMIT NUMBER RP 01-09, INCLUDING CARLSBAD VILLAGE SELF STORAGE 204-070-0 1 thru07 and 204-0 10- 1 1 & 12 CASE NO: RP 0 1-09 WHEREAS, “B, Inc., a corporation, “Developer”, has filed a verified application with the Redevelopment Agency of the City of Carlsbad regarding property owned by, Oceanside Glasstile and Soils Organic Solutions, Inc., “Owners”, and known as Assessor Parcel Number 204-070-01thru07 and 204-010-118~12, and more thoroughly described in Attachment A, “the property”; and WHEREAS, said application constitutes a request for a Major Redevelopment Permit, as shown on Exhibits “A-I” dated November 26,2001, on file in the Housing and Redevelopment Department, “Carlsbad Village Self Storage Rp 01-09”, as provided by Chapter 21.35.080 of the Carlsbad Municipal Code; and WHEREAS, the Design Review Board did on the 26* day of November 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 “Carlsbad Village Self Storage RP 01-09”. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Carlsbad Village Self Storage RP 01- 09, based on the following findings and subject to the following conditions: GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS: 1. The Design Review Board finds that the project, as conditioned herein and with the findings contained herein for setback and roof pitch variances, is in conformance with the Elements of the City’s General Plan, the Carlsbad Village Area Redevelopment Plan, and the Carlsbad Village Redevelopment Master Plan and Design Manual based on the facts set forth in the staff report dated November 26, 2001 including, but not limited to the following: a. The project is consistent with the Carlsbad General Plan in that it provides for a light industrial use in an appropriate location within the Village. The use serves to enhance the shopping, working and living environment of the Village by meeting the off-site storage needs of both residents and businesses. The project provides new economic incentives in the area through the redevelopment of an underutilized and blighted property. Finally, the project design reinforces the Village character and assists with the effort to create a distinct identity for the Village as an area which provides a wide variety of uses. b. The project is consistent with Village Redevelopment Master Plan and Design Manual in that, as set forth in the Village Master Plan, storage building/warehouse is classified as a permitted use in Land Use District 6. c. The project as designed is consistent with the development standards for Land Use District 6, the Village Design Guidelines and other applicable regulations set forth in the Village Master Plan and Design Manual, with the exception of the requested variances. d. 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 DRB RES0 NO. 279 -2- 1 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 elimination and reduction of pollutants which enter into and/or are transported within storm drainage facilities. e. 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. 2. The Design Review Board finds as follows to allow for variances for front and rear yard setbacks that exceed the standard range: a. That the application of certain provisions of this chapter will result in practical difficulties or unnecessary hardships which would make development inconsistent with the general purpose and intent of the Carlsbad Village Redevelopment Plan, in that the general purpose and intent of the Carlsbad Village Area Redevelopment Plan is to create development standards and design guidelines for the Village that result in projects that can co-exist in a mixed-use environment. The increased setbacks along the front and rear of the property work toward this purpose by creating an aesthetically pleasing light industrial project in a mixed- use area. b. That there are exceptional circumstances or conditions unique to the property or the proposed development which do not generally apply to other properties or developments which have the same standards, restrictions, and controls, in that successful operation and improved security of the self-storage project warrants the need for security gates along the ingress and egress of the project. In order to provide parking for customers of the project and not impact street parking, parking spaces must be provided along the front of the proposed project. In order to provide the required number of parking spaces and the required landscape setback between the parking and the front property line, the front building setback must be increased. In addition, industry standards dictate the interior size of the individual self-storage units. Adding square footage to the building in order to meet the rear yard setback standard does not make economic sense and would only increase lot coverage. c. That the granting of a variance will not be injurious or materially detrimental to the public welfare, other properties or improvements in the project area, in that the additional setback allows a greater landscape buffer between the proposed use and the mixed use district on the east side of Tyler Street, thus increasing the livability of the area and reducing impacts to surrounding properties. Similar is true for the increased setback along the rear of the property. The additional landscape buffer along the railroad right-of-way both shields and breaks up the rear fasade of the building as viewed from the railroad right-of-way. d. That the granting of a variance will not contradict the standards established in the Village Master Plan and Design Manual, in that the standards established in the Village Master Plan and Design Manual were intended to be somewhat flexible DRB RES0 NO. 279 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 in order to encourage diversity and variety of development and to take into consideration the unique objectives of each land use district found within the Village Redevelopment Area. In this case, the increased setback is consistent with the goals and objectives for Land Use District 6 which encourage the provision of substantial landscaping along the front of the property to provide for a greater transition between the light industrial uses in District 6 and the residential and commercial uses of adjacent District 5. e. The project is in a location that is in close proximity to the mixed-use district on the east side of Tyler and the higher density residential zones located south of Walnut Avenue. The increased setback on the front of the property creates a substantial landscape buffer between the project and the adjacent street and serves to protect the livability of the existing residential development in the area. Similarly, the increased setback on the rear of the property serves to buffer the view of the proposed project from the adjacent railroad right-of-way. 3. The Design Review Board finds as follows to allow for roof elements on the interior of the project that are less than the minimum 512 standard: a. That the application of certain provisions of this chapter will result in practical difficulties or unnecessary hardships which would make development inconsistent with the general purpose and intent of the Carlsbad Village Redevelopment Plan, in that strict adherence to the minimum 512 roof pitch across the entire building would result in a significantly taller structure than is permitted in this district. This increase in height would be inconsistent with the development standards for Land Use District 6 and would not result in an overall aesthetic improvement to the project as viewed from the exterior of the property. b. That there are exceptional circumstances or conditions unique to the property or the proposed development which do not generally apply to other properties or developments which have the same standards, restrictions, and controls, in that the nature of the proposed use warrants the need for internal circulation between the two buildings. Since the internal circulation cannot be viewed from the exterior of the project, the incorporation of a 512 roof pitch along the interior of the project does not justify the significant financial increase to the cost of the project, which makes this a condition unique to the proposed development. c. That the granting of a variance will not be injurious or materially detrimental to the public welfare, other properties or improvements in the project area, in that the design standard for a minimum 512 roof pitch has been incorporated into all exterior sides of the building. The interior of the building, where the 512 roof pitch has not been incorporated, cannot be seen from outside the project boundaries. Therefore, the granting of the variance to incorporate flat roof components along the interior of the property will not be injurious or materially detrimental to the public welfare, other properties or improvements in the area. ... DRB RES0 NO. 279 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 d. That the granting of a variance will not contradict the standards established in the Village Master Plan and Design Manual, in that the standards established in the Village Master Plan and Design Manual were intended to be somewhat flexible in order to encourage diversity and variety of development and to incorporate various design guidelines, where feasible, to improve the aesthetics of new projects. The proposed project includes substantial building articulation on all sides of the building and various rooflines with a minimum 512 roof pitch where they can be seen from the exterior of the project. These design elements are consistent with the standards established in the Village Master Plan and Design Manual. GROWTH MANAGEMENT FINDINGS: 4. 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 regardmg: 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 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. NOLLANDOLAN FINDING: 5. 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. ... ... DRB RES0 NO. 279 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 GENERAL CONDITIONS: Note: 1. 2. 3. 4. 5. 6. _- Unless otherwise specified herein, all conditions shall be satisfied prior building permits. the issuance of 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 City’ s/Agency’s approval of this Major Redevelopment Permit. Staff is authorized and drrected 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. The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of buildlng 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 indlrectly, 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. DRB RES0 NO. 279 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. 8. 9. 10. 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. 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. Landscape Conditions: 11. The Developer shall submit and obtain 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 thving condition, free from weeds, trash, and debris. 12. 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. Noticing Conditions: 13. 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 by Resolution(s) No. 278 and 279 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 Housing and Redevelopment Director has the authority to execute and record an amendment to the notice which modlfies or terminates said notice upon a showing of good cause by the Developer or successor in interest. On-site Conditions: 14. Outdoor storage of material shall occur onsite unless required by the Fire Chief. When so DRB RES0 NO. 279 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15. 16. 17. 18. 19. 20. 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 Housing & Redevelopment Director approval of an exterior lighting plan including parlung areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. Developer shall construct, install and stripe not less than 5 parlung spaces, as shown on Exhibit “A”. 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. Developer shall install 6-foot high (minimum) perimeter fencing along the sides and rear of the property to preclude pedestrian access through the property. Location and materials of fencing shall be to the satisfaction of the Housing & Redevelopment Director. The hours of operation for the self-storage facility shall be limited to 6:OOam through 8:OOpm. The property owner shall inform all customers that no trucks over 40 feet long shall be permitted on-site. ENGINEERING CONDITIONS: NOTE: Unless specifically stated in the con&tion, all of the following conditions, upon the approval of this proposed Major 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 for the proposed haul route. 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. 2. 3. Prior to occupancy, Developer shall install rain gutters to convey roof drainage to an approved drainage course or street to the satisfaction of the City Engineer. DRB RES0 NO. 279 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FeedA greements : 4. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City’s standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. 5. Developer shall cause property owner to enter into a Neighborhood Improvement Agreement with the City for the future public improvement of Tyler Street along the subdivision frontage for a half street width of 20 feet. Public improvements shall include but are not limited to paving, base, sidewalks, curbs and gutters, undergrounding or relocation of utilities, and streetlights. 6. 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. Gradinp: 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. DedicationsAmmovements : 8. 9. 10. Developer shall cause Owner to make an offer of dedcation to the City andor other appropriate entities for all public streets and other easements shown on the site plan. The offer shall be made by a separate recorded document. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Streets that are already public are not required to be rededicated. Developer shall execute and record a City standard Development Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on the site plan and the following improvements including, but not limited to, installation of water lines, fire hydrants and related appurtenances. Improvements listed above shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. Prior to the issuance of grading permit or building permit, whichever occurs first, 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 of the California Regional Water Quality Control Board. The SWPPP shall address measures to reduce to the maximum extent possible storm water pollutant runoff at both construction and DRB RES0 NO. 279 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11. 12. 13. post-construction phases of the project. At a minimum, the Plan shall: 1) Identify existing and post-development on-site pollutants. 2) Recommend source control Best Management Practices (BMPs) to filter said pollutants. 3) Establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to employee education on the proper procedures for handling clean up and disposal of pollutants. 4) Ensure long-term maintenance of all post construct BMPs in perpetuity. 5) Identify how post-development runoff rates and velocities from the site will not exceed the pre-development runoff rates and velocities. Prior to the issuance of a grading permit, the applicant shall consolidate Lot 6 and 7 into one lot by processing an adjustment plat through the City Public Works Department’s plan check procedure. Prior to the issuance of a grading permit, the applicant shall provide the City with proof that all affected on-site easements have either been quitclaimed or that the easement holder has granted permission to construct, work and develop over said easements. Prior to issuance of building permit, developer shall have design, apply for and obtain approval of the City Engineer, for 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. The structural pavement design of the aisle ways shall be submitted together with required R-value soil test information and approved by the City Engineer as part of the building or grading plan review whichever occurs first. WaterISewer: 14. 15. 16. 17. The Developer shall design and construct public facilities within public right-of-way or within minimum 20-feet wide easements granted to the District or the City of Carlsbad. At the discretion of the District Engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. The water easement shall be dedicated to the Carlsbad Municipal Water District prior to the issuance of a building permit. Application for easement dedication must be processed with the City Public Works Department. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. Developer shall pay the San Dieno County Water Authority capacity charne(s1 prior to issuance of Building Permits. The Developer shall install potable water meters at a location approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. The Developer shall install sewer laterals and clean-outs at a location approved by the District Engineer. The locations of sewer laterals shall be reflected on public improvement plans. DRB RES0 NO. 279 -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 18. 19. 20. 21. The Developer shall design and construct public water and sewer facilities substantially as shown on the site plan to the satisfaction of the District Engineer. Proposed public facilities shall be reflected on public improvement plans. This project is approved upon the express condltion 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. Prior to issuance of building permits, the entire potable water and sewer system shall be evaluated in detail to ensure that adequate capacity, pressure, and flow demands can be met to the satisfaction of the District Engineer. A fire flow system shall be required for this industrial development and it shall be constructed as a looped system. The Developer shall complete the looped water system by tying into the existing waterline system on Tyler Street to the satisfaction of the District Engineer. 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 taxes/fees 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. 2. The Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. General: 3. This approval shall become null and void if building permits are not issued for this project within 18 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 disabled access requirements pursuant to Title 24 of the State Building Code. DRB RES0 NO. 279 -11- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .- Engineering: 6. Fire: 7. 8. 9. - 10. Developer shall exercise special care during the construction phas of this project t 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. All buildings shall be equipped with automatic fire sprinklers. Electric gates shall be equipped with Knox override switches. All fire sprinkler and fire alarm systems shall be approved by the Fire Department prior to installation. Rental agreements shall include language stating that storage cannot be within 2 feet of the ceiling. 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 the date of final approval to protest imposition of these feedexactions. 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 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. ... ... .. ... DRB RES0 NO. 279 -12- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design Review Board of the City of Carlsbad, California, held on the 26* day of November 2001 by the following vote to wit: AYES: Compas, Heineman, Lawson NOES: None ABSENT: Marquez, Marois ABSTAIN: None BILL COMFA3, CHA&PERSON DESIGN REVIEW BOARD ATTEST: DEBBIE FOUNTAIN HOUSING AND REDEVELOPMENT DIRECTOR DRB RES0 NO. 279 -13-