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HomeMy WebLinkAbout2006-04-19; Planning Commission; ; CUP 00-42X1 - VERIZON FOUR SEASONS SITE• City of Carlsbad Planning Departmente A REPORT TO THE PLANNING COMMISSION Conditional Use Permit Extension P.C. AGENDA OF: April 19,2006 Item No. 0 Application complete date: February 15, 2006 Project Planner: Chris Se:x1on Project Engineer: Bob Wojcik SUBJECT: CUP 00-42xl -VERIZON FOUR SEASONS SITE -Request for a five-year extension of Conditional Use Permit (CUP) 00-42 to allow the continued operation of an unmanned Wireless Communication Facility at the Aviara Four Seasons Resort located at 7100 Four Seasons Point within the Mello I Segment of the Local Coastal Program (LCP) and in Local Facilities Management Zone 19. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6051 APPROVING a five-year extension of CUP 00-42 based upon the findings and subject to the conditions contained therein. II. INTRODUCTION This proposed five-year extension of CUP 00-42 will allow the continued operation of an unmanned \Vireless Communication Facility at the Aviara Four Seasons Resort located at 7100 Four Seasons Point from :May 3, 2006 through May 2, 2011. The unmanned 'Vireless Communication Facility has operated in conformance with the required conditions of approval for the past five years. ID. PROJECT DESCRIPTION AND BACKGROUND On May 16, 2001 the Planning Commission approved CUP 00-42 to allow the installation of an unmanned \\Tireless Communication Facility at the Aviara Four Seasons Resort located at 7100 Four Seasons Point. Condition No. 14 of the approving CUP Resolution No. 4953 specifies that CUP 00-42 is granted for a period of five years but may be e:\.'tended upon written application of the permittee (Verizon Wireless). The applicant, Verizon \Vireless, is requesting a five-year e:\.'tension of CUP 00-42 to allow the continued operation of an unmanned \Vireless Communication Facility at this site. The \Vireless Communication Facility consists of twelve panel type antennas that are concealed behind a fiberglass screen painted and te:\.'tured to match the existing building. The equipment cabinets are located adjacent to the elevator shaft and are colored to match the existing building. The \Vireless Communication Facility does meet Policy 64, Wireless Communication Facilities, in regards to the project being in a preferred location and being a stealth design. o CUP 00-42x1 -VERIZON L SEASONS SITE April 19, 2006 Page 2 IV. ANALYSIS A. The unmanned \Vireless Communications Facility continues to be consistent with all applicable plans. policies and regulations described below: 1. Carlsbad General Plan; 2. Title 21 of the Carlsbad Municipal Code; 3. A viara Master Plan; 4. City Council Policy 64; 5. Local Facilities Management Plan 19; and 6. Local Coastal Program (Mello I Segment). B. The adopted project fmdings for CUP 00-42, which are contained m Planning Commission Resolution No. 4953 still apply to this project (CUP 00-42x 1). C. The adopted project conditions for CUP 00-42, which are contained in Planning Commission Resolution No. 4953 still apply to this project (CUP 00-42x1) \\ith the exception of Conditions No.6, 8, 9, 15 and 16 which have been satisfied and Condition No. 14 which is replaced by Condition No.4 in Planning Commission Resolution No. 6051 to eA'1end CUP 00-42x1 for 5 years from !via)' 3,2006 through May 2.2011. D. No formal written complaints regarding CUP 00-42 have been submitted to the City. E. Annual reviews have been conducted for CUP 00-42 and the project is in compliance with all conditions of approval. F. The project has an existing Coastal Development Permit (CDP) CDP 00-60 which is still valid and in compliance. G. The \Vireless Communication Facility maintains ·'stealth" design techniques and is in a preferred location. V. ENVIRONMENTAL REVIEW The Planning Director has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15301, Existing Facilities, of the State CEQA Guidelines and will not have any adverse significant impact on the environment. ATTACHMENTS: 1. Planning Commission Resolution No. 6051 2. Location Map 3. Background Data Sheet 4. Disclosure Statement 5. Planning Commission Resolution No. 4953, dated May 16,2001 SITE MAP • N NOT TO SCALE Verizon Four Seasons Site CUP 00-42x1 _ACKGROUND DATA SHEET e CASE NO: CUP 00-42xl CASE NAME: Verizon Four Seasons Site APPLICANT: Verizon Wireless ~====~====------------------------------------------- REQUEST AND LOCATION: Request for an eh'tension of CUP 00-42 to allow the continued operation of an unmanned Wireless Communication Facility at the Aviara Four Seasons Resort located at 7100 Four Seasons Point within the Mello I Segment of the Local Coastal Program (LCP) and in Local Facilities Management Zone 19. LEGAL DESCRIPTION: Lot 1 ofCitv of Carlsbad Tract No. 95-02. Unit 1. PlanninQ Area 24 and a portion of 2B. in the City of Carlsbad. County of San Diego. State of California. according to Map thereof No. 13335. filed in the Office of the County Recorder of San DieQo County. June 13. 1996 APN: 215-750-01 Acres: N/A Proposed No. of LotslUnits: :...N;.;..;IA=-____________________ _ GENERAL PLAN AND ZONING Existing Land Use Designation: ~T~-R~ ______________________________________ _ Proposed Land Use Designation: ~N,-,-,! A=-______________________________________ _ Density Allowed: .:....N:..:,...:! A=-__________ _ Density Proposed: N=....!!..!! A~ __________________ _ Existing Zone: P-C Proposed Zone:N ~,-,-,! A=-____________________ _ Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use Site P-C T-R Hotel North P-C RLM Residential South P-C T-R Hotel East P-C OS OS West P-C OS OS LOCAL COASTAL PROGRAM Coastal Zone: ~ Yes D No Local Coastal Program Segment: =.!M;!e~ll~o:....:I~ _________ _ Within Appeal Jurisdiction: D Yes ~ No Coastal Deyelopment Permit: DYes ~ No Local Coastal Program Amendment: DYes r:gJ No Existing LCP Land Use Designation: ~RL~MIRM/~~:....!:O::.!:S~IR=C:.!.;IN~ ________________________ _ Proposed LCP Land Use Designation: ::..;N:.c.:! A'-"'--__________________________________ _ Existing LCP Zone: P-C Proposed LCP Zone: .:...;N:..:.;/ A'-"'--_____________ _ Revised 0 I '06 PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Sewer District: .::::C~ar~ls~b::.=a=d ___ _ Equivalent Dwelling Units (Sewer Capacity): N.:...;.!...:/A:...::-_______________ _ ENVIRONMENTAL IMPACT ASSESSMENT C8J Categorical Exemption, =S=ec=t=io=n~l:o..:5=3:..:::0_=.1 _________________ _ Re\ ised 0 \'06 • • City of Carlsbad . 14Fj,i""i~··J4·tiiil;t4'" DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Councilor any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: "Person--is~:1ieJirieda-s-"Any--Jhaividuar firm~: co-partnersnipi.:-:joint~vei1ture, associatfciri,:-social dUD;-fraternal =Org-anizai1on(:"£grporation~ ":esiate~-trust~ i~cerver, syndfcatei in" this"' ~nd -any -othef'cciunty~~ c1ty~ and~~oun:tY;3:i:ty muqiCipa1ItY,~c(isirlci:or-otherpolitic~l s\ibaivision or any-otl1er:grbupor comb(nation acting~.as=a :uni1::~~.~-_:'::': ---_":0: ~--:~.-'~~~;:_~~ ___ :';'_---~~~~-:'-.~~_=::-_'~~=:-_--.---'~:~~~--_:-:".-_~ -.-_ ._-'_ ." ---_~-:-~ _-_0-_-. --_----___ _ -_ _ -=-~ -:.._" ___ ~_.:: _ ... ___ ..--:~_~_'. ~ __ Agenis-maisignihi~-d~~JrnEintf ho~~~EiL-the legal :nain~--arid en;ity -ofthe~ appli~~~t· ~~d: piOR~rty-o~-nerrn~-~t 15e_PtovldedP.EiioVi.:j~_ :....-_~:_-~~~-;-~-"_---~. -----_:~---_ ---_ -. --~ _-; ->-: c ~-::::-:. :-:- 1 . APPLICANT {Not the applicant's agent} Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person N I A Corp/Part 'Vu i -z, 0 y\ W i ( -e-/-e ~s Title -------------------------- Address ----------------------- 2. OWNER (Not the owner's agent) Title _____________ _ Address I t:>51> r:;;-SlV1'\. til C«.-n 'lOY) Me-#'\...fA e,., ~V,~..el CA-q2-lR l ~ Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the "names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE {N/A} IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person N!~ Title Title "-1 o-o-ft--wr--:S-~-5-0-n-t;-:P~'D;;:-:i:-n+::-;--- COJ \t? p~ I CPr ~2. 0 0'1 1635 Faraday Avenue. Carlsbad. CA 92008-7314· (760) 602-4600 • FAX (760) 602-8559 • www.cLcarlsbad.ca.us • 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to {1} or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person ~erving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust ~---------------------------------Non Profit/Trust. ____________________ ____ Title -------------------------------------------------Titl e _____________________________________________ _ Address ----------------------------------Address ________________________________________ __ 4. Hav~ you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes ~ No If yes, please indicate person(s): _______________________________________________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. 'Xc (t~cJt -ed at,{ -t1wn 'Ul-K t)Y1 Signature of owner/date Avr iJvrfA., ~r-t ASSoci ~+O;I t..-P Print or type name of owner Print or type name of owner/applicant's agent Sc-<:: LL~ cAt-eet cu.t'f1.t.,on ~f; fiV\ Signature of applicant/date Print or type name of applicant • AGENT AUTHORIZATION ~ ver'ZOnwireless Verizon Wireless 15505 Sand Canyon Avenue Building D1 Irvine, CA 92618-3114 Phone 949 286-7000 On behalf ofVerizon \Vireless, I do hereby authorize TIle Planning Consortium to act as "Applicant"' in the processing of all applicable applications. permits. and other related actiyities associated \\ith the permitting/entitlement of a v,ireless communications facility in the City of Carlsbad. State of California, on the property described below: APNNo.: 215-750-01-00 Site Nanle: A viara Four Seasons Site Address: 7100 Four Seasons Point Carlsbad. CA 92009 Verizon \Vireless Representative: Signature Print Name & Title: Melinda Salem. Rerrulatorv Specialist Date: .lanuarv 20. 2006 • January 19, 2006 ~ FOUR SEASONS RESORT ~-c5t~ RE: V crizon "Tireless Telecommunications Site Aviara Four Seasons Resort 7100 Four Seasons Point, Carlsb~ CA 92009 To Whom It May Concern: I1we are the owner(s) of the referenced property. This letter shall serve as notice that Verizon Wireless, and their agent The Planning Consortium, are authorized to submit and process all necessary permit applications for renewal of Conditional Use Permit No. 00- 42 on the referenced property. Sincerely, ~ <!!>1/M/06 George anzm A viara Resort Associates, LP 7100 FOCR SEASO">S POI">T. CARLSBAD. CALIFORl'\IA 92009. r S __ "- TEL: (760) 603-6800 FAX: 1760,603-6801 \I:"ORLD WIDE \l:EB: ""w_founeabons com DEFI"'I"'G THE ART OF "ERYlCE AT 40 HOTEL8 I" 19 cor"'TRIES_ 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 PLANNING COMMISSION RESOLUTION NO. 4953 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT, CUP 00-42 TO ALLOW A TELECOMMUNICATIONS FACILITY ON PROPERTY GENERALLY LOCATED AT THE AVIARA FOUR SEASONS IN LOCAL FACILITIES MANAGEMENT ZONE 19. CASE NAME: VERIZON FOUR SEASONS SITE CASE NO.: CUP 00-42 WHEREAS, Verizon Wireless, ''Developer,'' has filed a verified application 'with the City of Carlsbad regarding property owned by Aviara Resort Associates, LP, "O\vner," described as: Lot 1 of Cit)' of Carlsbad Tract No 95-02, Unit 1, Planning Area 24 and a portion of 2B, in the Cit)· of Carlsbad, Count)' of San Diego, State of California, according to :Map thereof No. 13335, filed in the Office of the County Recorder of San Diego County, June 13, 1996. (''the Property"); and WHEREAS, said verified application constitutes a request for a conditional use permit as shown on Exhibit(s) "A" -"F" dated J.\iIay 16, 2001, on file in the Planning Department VERIZON FOUR SEASONS SITE -CUP 00-42, provided by Chapter 21.42 of the Carlsbad Municipal Code; and WHEREAS. the Planning Commission did, on the 16th day ofJ.\iIay, 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 Commission considered all factors relating to the Conditional Use Permit. NOW, THEREFORE, BE IT HEREBY RESOL VED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 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 B) That based on the evidence presented at the public hearing, the Commission APPROVES VERIZON FOUR SEASONS SITE -CUP 00-42~ based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. 5. 6. 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 15303, construction and installation of small new equipment facilities or structures, 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. That the requested use is necessary or desirable for the development of the community, is essentially in harmony v.ith the various elements and objectives of the General Plan, and is not detrimental to existing uses specifically permitted in the zone in which the proposed use is located, in that the proposed use benefits the community because of the demand for mobile voice and data transmissions, and the site's Travel Recreation land use designation does not preclude the pro\ision of quasi-public utility uses. That the site for the intended use is adequate in size and shape to accommodate the use, in that the proposed telecommunication facility will result in no additional building coverage and the wall mounted panel antennas and roof mounted equipment cabinets require minimal alteration to the existing site design which is in compliance with the Aviara Master Plan development standards. That all the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that all proposed facilities will be screened and painted to match the existing building faca<J.e to reduce their visibility to the greatest extent possible. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the proposed use would not generate additional vehicle trips beyond that necessary for regular maintenance.' :" The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and ilie degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless othenvise specified herein, all conditions shall be satisfied prior to issuance of building permit. PC RESO NO. 4953 -2- 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: 1. 2. 3. 4. 5. 6. 7. 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 violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Conditional Use Permit. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Conditional Use 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 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 City Council determines that the project ,vithout the condition complies with all requirements of law. 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, claiIns 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 Conditional Use 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. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. . - The Developer shall submit to the Planning Department a reproducible 24" x 36", mylar copy of the Site Plan reflecting the conditions approved by the final decision making body. This approval is granted subject to the approval of CDP 00-60 and is subject to all conditions contained in Planning Commission Resolution No. 4954 for those other approvals. PC RESO NO. 4953 .., -.:>- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 25 26 27 28 8. 9. 10. 11. 12. 13. 14. The Developer shall include, as part of the plans submitted for any p~rmit plan check, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing fonnat (including any applicable Coastal Commission approvals). Developer shall provide proof to the Director from the Carlsbad Unified 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 19 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building pennits. 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. This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis to determine if all conditions of this permit have been met and that the use does not h.ave a substantial negative effect on surrounding properties or the public health and welfare. If the Planning Director determines that the use has such substantial negative effects, the Planning Director shall recommend that the Planning Commission, after providing the permittee the opportunity to be heard, add additional conditions to reduce or eliminate the substantial negative effects. This Conditional Use Permit approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. This Conditional Use Permit is granted for a period of five (5) years from May 16, 2001 through May 16, 2006. This permit may be revoked at any time after a public hearing, if it is found that the use has a substantial detrimental effect on surrounding land uses and the public'S health and welfare, or the conditions imposed herein have not been met. This permit may be extended for a reasonable period of time not to exceed five (5) years upon written application of the permittee made no less than 90 days prior to the expiration date. The Planning Commission may not grant such extension, unless it finds that there are no substantial negative effects on surrounding land uses or the public's health and welfare. If a substantial negative effect on surrounding land uses or the publ~c's health and welfare is found, the extension shall be denied or granted with condition~ \vhich will eliminate or substantially reduce such effects. There is no limit to the number of extensions the Planning Commission may grant. 15. The Developer/Operator shall comply with ANSIJIEEE standards for EMF emissions. Within six (6) months after the issuance of occupancy, the Developer/Operator shall submit a project implementation report which provides cumulative field measurements of radio frequency (EMF) power densities of all antennas installed at the subject site. The report shall quantify the EMF emissions and compare the results with currently accepted ANSIJIEEE standards. Said report shall be subject to review and approval by the Planning Director for consistency with the Project's preliminary proposal report and the accepted ANSIJIEEE standards. If on review, the City finds that the Project does not meet ANSIlIEEE standards, the City may revoke or modify this conditional use permit. PC RESO NO. 4953 -4- 1 2 3 4 5 6 7 8 9 10 11 16. 17. The Developer shall submit to the City a Notice of Restriction to be Wed 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 Conditional Use Permit and Coastal Development Permit by Resolutions No. 4953 and 4954 on the real property O\vned 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. 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 19 pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 12 Code Reminders: 13 14 15 16 17 18 19 20 21 22 24 26 27 28 18. 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. 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 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.~0. 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/exactiQl!S DOES NOT APPL Y 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. PC RESO NO. 4953 -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 PASSED, APPROVED AND ADOPTED at a regular meetip.g o.f the Planning Commission of the City of Carlsbad, California, held on the 16th of~lay, 2001, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Compas, Heineman, L'Heureu.x, and Trigas NOES: ABSE1\T'f: Commissioner Nielsen ABSTAIN: JEFFRE N. SEGALL, Chairperson CARLSBAD PLANNING COM.MISSION ATTEST: NITCHAELJ.HOLZN.ffLLER Planning Director PC RESO NO. 4953 -6- .. '