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HomeMy WebLinkAboutSDP 2018-0012; IONIS PHARMACEUTICALS; Admin Decision Letter~\-e..J \.'.2.· \"3·)~ 8FILE COPY {city of Carlsbad December 13, 2018 Mr. Jon Olson DGA Architects 2550 Fifth Avenue, Ste. 115 San Diego, CA 92103 SUBJECT: Dear Mr. Olson, SDP 2018-0012/MS 2018-0009 (DEV09042l IONIS PHARMACEUTICALS -Request for approval of a Minor Site Development Plan {SDP 2018-0012) and Minor Subdivision {MS 2018-0009) for the development of a 74,126-square-foot, 35-foot-tall (with allowable protrusions up to 45 feet) ancillary employee conference center and the consolidation of two lots {Lots 14 and 25) into one lot for IONIS Pharmaceuticals. The maximum capacity of the largest lecture hall in the conference center is 250 people. The 4.52-acre property is located on the northeast corner of Whiptail Loop and Gazelle Court and is identified as Lot 25 {APN 209-120-27) of the Carlsbad Oaks North Specific Plan, SP 211{C), in the Planned Industrial {P-M) Zone and Local Facilities Management Zone 16. Following the consolidation of Lots 14 and 25 of SP 211{C), the IONIS Pharmaceuticals campus will be 18.44 acres in size. The City Planner has completed a review of your application for a Minor Site Development Plan SDP 2018- 0012 and Minor Subdivision MS 2018-0009 for the development of an ancillary employee conference center on Lot 25 of the Carlsbad Oaks North Specific Plan, SP 211{C) and the consolidation of Lots 14 and 25 into one lot for IONIS Pharmaceuticals. After careful consideration of the circumstances surrounding this request, the City Planner has made a decision pursuant to Section 21.06.070 of the City of Carlsbad Municipal Code to APPROVE this request based on the following findings and subject to the conditions listed below. Findings: SDP 2018-0012: 1. That the proposed development or use is consistent with the General Plan and any applicable master plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the Carlsbad Municipal Code, and all other applicable provisions of this code; in that the project consists of the development of a 74,126-square-foot, 35-foot-tall {with allowable protrusions up to 45 feet) accessory employee conference center, which includes 250 fixed seats in the main lecture hall. The project also proposes to consolidate two lots {Lots 14 and 25 of Map 16145, SP 2ll(C}) into one lot for IONIS Pharmaceuticals. The resulting lot size following the lot merger will be 18.44 acres. Community & Economic Development Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov SDP 2018-0012/MS 2018-0009 (DEV09042) -IONIS PHARMACEUTICALS December 13, 2018 Pa e 2 The conference center's employee eating area requirement is proposed to be satisfied by a combination of outdoor and indoor areas, including a large outdoor patio/gathering area, as well as an indoor kitchen and several break-out areas. Perimeter and parking lot landscaping, retaining walls up to six (6) feet in height, drainage facilities and other ancillary improvements are also proposed on the 4.52-ace, previously mass-graded site. Pursuant to a Parking Study prepared by Urban Systems for the project (September 2018), a minimum of 78 parking spaces are recommended for the development of the new conference center on Lot 25. Overall, a total of 458 parking stalls are recommended for the existing research and development building on Lot 14 and the new conference center on Lot 25. The project proposes a total of 131 spaces on Lot 25 and 458 parking spaces on Lot 14, resulting in a combined total of 609 parking spaces. The proposed ancillary conference center use, which is proposed to be used by the employees of IONIS Pharmaceuticals, is consistent with the Planned Industrial (Pl) General Plan Land Use designation and is a permitted accessory use in the Planned Industrial (P-M) zoning designation for the site. All roadways and improvements necessary to serve the development exist and no additional improvements are required. The project is located outside the 60 dBA CNEL noise contour of the McClellan-Palomar Airport. The project complies with the City of Carlsbad Climate Action Plan (CAP) in that it will implement the requirements of the CAP Checklist prepared by the applicant dated May 22, 2018, including but not limited to installing a photovoltaic (PV) system which would provide a system of at least 328 kilowatts (kW); at least 75 percent LED lighting for the buildings; utilization of either a solar water heating system, heat pump or equivalent; zero-emission vehicle infrastructure; and utilizing drought tolerant plants and energy efficient irrigation systems. 2. That the requested development or use is properly related to the site, surroundings and environmental settings, will not be detrimental to existing development or uses or to development or uses specifically permitted in the area in which the proposed development or use is to be located, and will not adversely impact the site, surroundings or traffic circulation; in that Lot 25 of SP 211(C) (formerly Lot 27) is one of the 23 industrial lots designated for light industrial primary and accessory uses which are permissible in Section 21.34.020 of the Carlsbad Municipal Code. The 74,126 SF conference center, which is accessory to the IONIS research and development building (i.e., primary use), has been designed to comply with all applicable development standards included in the Carlsbad Oaks North Specific Plan and Planned Industrial (P-M) zone, as well as mitigation measures contained in EIR 98-08. The project will not adversely impact the site, surroundings, or traffic circulation In that the existing surrounding streets, which are fully improved, have adequate capacity to accommodate the 190 Average Daily Trips (ADTs) generated by the project. In addition, the internal traffic circulation complies with Fire Department and Land Development Engineering requirements. 3. That the site for the intended development or use is adequate in size and shape to accommodate the use; in that the project complies with all development standards of the Carlsbad Oaks North Specific Plan's Development Standards and Design Guidelines and the Planned Industrial (P-M) Zone (Chapter 21.34 of the Carlsbad Municipal Code), including setbacks, building coverage, employee eating areas, landscaping, parking, and height restrictions. SDP 2018-0012/MS 2018-0009 (DEV09042) -IONIS PHARMACEUTICALS December 13, 2018 Pa e 3 4. That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested development or use to existing or permitted future development or use in the neighborhood will be provided and maintained; in that the accessory conference center, surface parking, employee eating area, perimeter and parking lot landscape, drainage facilities and other ancillary improvements fit within the developable area, and all applicable development standards of the Carlsbad Oaks North Specific Plan Development Standards and Design Guidelines and the Planned Industrial (P-M) Zone have been met. Parking and loading areas are screened through the combined use of building orientation and landscaping. Adequate vehicle circulation has been provided to accommodate truck turning movements and emergency vehicle access. Access to the site will be provided via two driveways off Whiptail Loop and Gazelle Court. A pedestrian connection to the existing sidewalk on Whiptail Loop will be provided via a sidewalk along the southerly side of the driveway. 5. That the street system serving the proposed development or use is adequate to properly handle all traffic generated by the proposed use; in that the proposed accessory employee conference center complements the light industrial uses analyzed in the circulation analysis prepared for the Final Environmental Impact Report (EIR 98-08) for the Carlsbad Oaks North Specific Plan. The existing surrounding streets, which are fully improved, have adequate capacity to accommodate the 190 ADTs generated by the project. MS 2018-0009: 6. 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 the proposal to merge two lots into one lot in conjunction with the development of a 74,126-square-foot employee conference center for IONIS Pharmaceuticals implements the goals and policies of the General Plan as discussed in the General Plan findings section below; is consistent with all minimum requirements of Titles 20 and 21 governing lot size and configuration; and has been designed to comply with all applicable City regulations. 7. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for light industrial development on the General Plan and are developed with complimentary land uses on comparable lot sizes. 8. 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 the light industrial office development in that all design criteria required by the applicable zoning ordinances and SP 2ll(C) have been incorporated into the merged lots without the need for variances from development standards. 9. 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 the project has been designed and conditioned such that there are no conflicts with established easements. SOP 2018-0012/MS 2018-0009 (DEV09042) -IONIS PHARMACEUTICALS December 13, 2018 Pa e4 10. 11. 12. 13. 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 on the merged lots to allow for passive or natural solar heating and cooling opportunities and provides ample area to take advantage of prevailing breezes. 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 no native or wetland type habitats or natural drainage areas exist on site as previously- analyzed as part of the EIR approved in conjunction with the Carlsbad Oaks North Specific Plan. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has been designed to adhere to the city's BMP Design Manual and other requirements to avoid increased urban runoff, pollutants and soil erosion. General: 14. That the City Planner finds that the project, as conditioned herein, is in conformance with the Elements of the city's General Plan and the Carlsbad Oaks North Specific Plan SP 211(C), in that the proposed ancillary employee conference center use is consistent with the Planned Industrial (Pl) General Plan Land Use designation and Planned Industrial (P-M) Zoning for the site; the employee conference center meets all applicable development standards of the Planned Industrial (P-M) Zone and the Carlsbad Oaks North Specific Plan; all roadways and improvements necessary to serve the development exist, and no additional improvements are required; and the project is located outside the 60 dBA CNEL noise contour of the McClellan-Palomar Airport. 15. That the project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 16 and all city public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, A. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. B. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. C. The Local Facilities Management fee for Zone 16 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. SOP 2018-0012/MS 2018-0009 (DEV09042) -IONIS PHARMACEUTICALS December 13, 2018 Pa e 5 D. A growth management park fee of $0.40 per square foot of non-residential development will be collected at the time of building permit issuance. This fee will be used to construct recreational facilities to offset demand created by employees within Local Facilities Management Zone 16. 16. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 17. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan- Palomar Airport (ALUCP), adopted January 25, 2010 and amended March 4, 2010, in that neither the structure nor any protrusion will exceed a total elevation of 548 feet above mean sea level within the airport influence area, and thus will not create any obstructions of navigable air space. In addition, the project is compatible with the projected noise levels of the ALUCP; and, based on the noise/land use compatibility matrix of the ALUCP, the proposed land use is compatible with the airport, in that the property is not located within any noise contours greater than 60 db(A) CNEL as created by airport operations and assembly uses for 999 people or less are compatible in Safety Zone 6 without any additional conditions or limitations. 18. The City Planner has determined that: \ A. The project is a subsequent activity of the Carlsbad Oaks North Specific Plan, SP 211(C}, a project for which a program EIR was prepared, and this activity is within the scope of the program approved earlier, and that the program EIR adequately describes the activity for the purposes of CEQA); [15168(c)(2) and (e)]; and B. This project is consistent with the Specific Plan cited above; and C. The Carlsbad Oaks North Specific Plan Final EIR 98-08 was certified by the City Council on October 8, 2002 in connection with the prior project or plan; and D. The project is consistent with the Climate Action Plan (CAP) through compliance with the CAP checklist and the incorporation of project design features that reduce GHG emissions; E. The project has no new significant environmental effect not analyzed as significant in the prior EIR; and F. None of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist; and G. All feasible mitigation measures or project alternatives identified in the EIR 98-08, which are appropriate to this Subsequent Project, have been completed, incorporated into the project design or are required as conditions of approval for this Subsequent Project. 19. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). SDP 2018-0012/MS 2018-0009 (DEV09042) -IONIS PHARMACEUTICALS December 13, 2018 Pa e 6 20. The City Planner has reviewed each of the exactions imposed on the Developer contained in this approval letter, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to approval of the final map or grading permit or building permit issuance, whichever comes first. 1. Approval is granted for SDP 2018-0012/MS 2018-0009 as shown on Exhibits "A" -"W" dated December 13, 2018 on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the city shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the city's approval of this Minor Site Development Plan and Minor Subdivision. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor Site Development Plan and Minor Subdivision 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. 4. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 5. 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. 6. 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 Minor Site Development Plan and Minor Subdivision, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities SDP 2018-0012/MS 2018-0009 (DEV09042) -IONIS PHARMACEUTICALS December 13, 2018 Pa e 7 arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceeding$ have been concluded and continues even if the city's approval is not validated. 7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 16 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits, including, but not limited to the following: A. A growth management park fee of $0.40 per square foot of non-residential development will be collected at the time of building permit issuance. This fee will be used to construct recreational facilities to offset demand created by employees within Local Facilities Management Zone 16. 9. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application. 10. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 11. 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. 12. Prior to approval of the final 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 City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Minor Site Development Plan and Minor Subdivision on the property. Said Notice of Restriction shall note the property description, location of the file con_taining complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 13. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the city's Landscape Manual. Developer shall construct and install all landscaping and irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum amount of water to the landscape for plant growth without causing soil erosion and runoff. SDP 2018-0012/MS 2018-0009 (DEV09042) -IONIS PHARMACEUTICALS December 13, 2018 Pa e 8 14. 15. 16. 17. 18. 19. 20. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Division and accompanied by the project's building, improvement, and grading plans. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the City Planner. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the City Planner. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner of an Outdoor Storage Plan, and thereafter comply with the approved plan. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community and Economic Development Department and Planning. Compact parking spaces shall be located in large groups, and in locations clearly marked to the satisfaction of the City Planner. Pursuant to the Parking Study prepared by Urban Systems (September 6, 2018} and as described in Exhibits "A" -"W" dated December 13, 2018, the ancillary conference center is intended to be used by the employees of IONIS Pharmaceuticals. A change in use which requires additional parking beyond that which is shown on Exhibits "A" -"W" is not permitted. Prior to issuance of building permits, the project design shall incorporate the recommendations contained within the CAP checklist dated May 22, 2018, which includes the implementation of the following measures: a. Utilization of photovoltaic panels as described in Exhibits "A" -"VV" dated December 13, 2018; b. Utilization of a minimum of 75 percent LED fixtures; c. Utilization of high efficiency hot water heaters, solar hot water heater, or heat pump water heaters; d. Construction of a minimum of eight {8} electric vehicle-capable parking spaces of which four (4) spaces are electric vehicle-ready. Engineering: NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development must be met prior to approval of a final map or issuance of a grading permit, whichever occurs first. General 21. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the district engineer has determined that adequate water and sewer facilities are available at the time of permit issuance and will continue to be available until time of occupancy. SDP 2018-0012/MS 2018-0009 (DEV09042) -IONIS PHARMACEUTICALS December 13, 2018 Pa e 9 22. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the district engineer has determined that adequate water and sewer facilities are available at the time of permit issuance and will continue to be available until time of occupancy. 23. Developer shall prepare, submit and process for city engineer approval a final map to subdivide this project. There shall be one Final Map recorded for this project. Developer shall pay the city standard map review plan check fees. Fees/ Agreements 24. Developer shall cause property owner to execute and submit to the city engineer for recordation, the city's standard form Geologic Failure Hold Harmless Agreement. 25. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 26. Developer shall cause property owner to submit an executed copy to the city engineer for recordation a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement. Grading 27. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports as required by city engineer, post security and pay all applicable grading plan review and permit fees per the city's latest fee schedule. Storm Water Quality 28. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 29. Developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP). The TIER 3 SWPPP shall comply with current requirements and provisions established by the San Diego Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff during construction of the project to the maximum extent practicable. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. SOP 2018-0012/MS 2018-0009 (DEV09042) -IONIS PHARMACEUTICALS December 13, 2018 Pa e 10 30. This project is subject to 'Priority Development Project' requirements. Developer shall prepare and process a Storm Water Quality Management Plan (SWQMP), subject to city engineer approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP required by this condition shall be reviewed and approved by the city engineer with final grading plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's latest fee schedule. 31. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc.) incorporate all source control, site design, pollutant control BMP and applicable hydromodification measures. Dedications/Improvements 32. Developer shall design the private drainage systems, as shown on the tentative map to the satisfaction of the city engineer. All private drainage systems (12" diameter storm drain and larger) shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. 33. Developer shall design all proposed public improvements including but not limited to pedestrian ramps, driveways, sidewalk, water services/meters, and fire hydrants as shown on the tentative map. These improvements shall be shown on the grading plans, subject to city engineer approval. Developer shall pay plan check and inspection fees using improvement valuations in accordance with the city's current fee schedule. Developer shall execute a city standard Subdivision Improvement Agreement to install said improvements and shall post security in accordance with C.M.C. Section 20.16.070. Developer shall apply for and obtain a right-of-way permit prior to performing work in the city right-of-way. 34. Developer shall cause owner to abandon the relinquishment of access rights as shown on the tentative map. Non-Mapping Notes 35. Add the following notes to the final map as non-mapping data: a. Developer has executed a city standard Subdivision Improvement Agreement and has posted security in accordance with C.M.C. Section 20.16.070 to install public improvements shown on the tentative map. These improvements include, but are not limited to: i. pedestrian ramps ii. driveways iii. sidewalk iv. water services/meters v. fire hydrants b. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. c. Geotechnical Caution: i. Slopes steeper than two parts horizontal to one part vertical exist within the boundaries of this subdivision. SDP 2018-0012/MS 2018-0009 (DEV09042) -IONIS PHARMACEUTICALS December 13, 2018 Pa e 11 Utilities ii. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. d. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the drainage system or other improvements identified in the city approved development plans; or by the design, construction or maintenance of the drainage system or other improvements identified in the city approved development plans. 36. 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 district engineer. 37. Developer shall install potable water and/or recycled water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on grading plan. 38. The developer shall agree to install sewer laterals and clean-outs at locations approved by the city engineer. The locations of sewer laterals shall be reflected on grading plan. Code Reminders: 39. 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, including but not limited to California Fire Code, 2013 edition and Title 19, California Code of Regulations, except as otherwise specifically provided herein. 40. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the City of Carlsbad Municipal Code to the satisfaction of the City Engineer. 41. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area shown on the site plan are for planning purposes only. 42. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 43. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. ------~----···-·-·-----------··-- SOP 2018-0012/MS 2018-0009 (DEV09042) -IONIS PHARMACEUTICALS December 13, 2018 Pa e 12 44. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 45. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 17 .04.320. 46. Any signs proposed for this development shall at a minimum be designed in conformance with the city's Sign Ordinance and shall require review and approval of the City Planner prior to installation of such signs. 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 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 limitati.ons has previously otherwise expired. This decision may be appealed by you or any other member of the public to the Planning Commission within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division at 1635 Faraday Avenue in Carlsbad, along with a payment of $850.00. The filing of such appeal within such time limit shall stay the effective date of the order of the City Planner until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Shannon Harker at {760) 602"4621. Sincerely, TERI DELCAMP Principal Planner TD:SH:dh c: Wayne Sanders, IONIS Pharmaceuticals, 2855 Gazelle Court, Carlsbad, CA 92010 Kyrenne Chua, Project Engineer Don Neu, City Planner HP RM/File Copy Data Entry