HomeMy WebLinkAbout1999-09-01; Planning Commission; Resolution 4602II ‘I, /I 0 0
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PLANNING COMMISSION RESOLUTION NO. 4602
A RESOLUTION OF THE PLANNlNG COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
DEVELOPMENT PLAN SDP 97-25 TO ALLOW THE
CONSTRUCTION OF FOUR TWO-STORY MULTI-TENANT
OFFICE BUILDINGS CONTAINING A TOTAL AREA OF
250,093 SQUARE FEET ON A 25.38 ACRE SITE GENERALLY
LOCATED ON THE SOUTH SIDE OF PALOMAR AIRPORT
ROAD EXTENDING FROM AN AREA WEST OF HIDDEN
VALLEY ROAD ON THE WEST TO AVIARA PARKWAY ON
THE EAST IN THE COASTAL ZONE AND LOCAL,
FACILITIES MANAGEMENT ZONE 5
CASE NAME: KELLY CORPORATE CENTER
CASE NO.: SDP 97-25
WHEREAS, Kelly Ranch Corporate Center I, LLC , “Developer”, hi
verified application with the City of Carlsbad regarding property owned by Kellj
Corporate Center I, LLC and the Kelly Family Trust 3 , “Owner”, described as
Parcels 1 & 2 of City of Carlsbad Boundary Adjustment No.
494 & Parcel 2 of City of Carlsbad Boundary Adjustment No.
388, excepting therefrom the portion lying easterly of Aviara
Parkway
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Deve
Plan as shown on Exhibit(s) “A” - “X” dated September 1, 1999, on file in the I
Department, KELLY CORPORATE CENTER SDP 97-25 as provided by Chapter :
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 1st day of Septembe
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 te
and arguments, if any, of all persons desiring to be heard, said Commission considered a1
relating to the Site Development Plan.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the I
Commission APPROVES KELLY CORPORATE CENTER SDP
based on the following findings and subject to the following conditions:
Findings:
1. That the requested use is properly related to the site, surroundings and envirc
settings, is consistent with the various elements and objectives of the General E
not be detrimental to existing uses or to uses specifically permitted in the area
the proposed use is to be located, and will not adversely impact the site, surrou~
traffic circulation, in that the project design complies with the requiremenl
Planned Industrial Zone (P-M). All required building setbacks are prov
coverage is well below the maximum permitted, and landscaping in exces
zone requirements will be provided. The project also complies with the pr
contained in the General Plan as it includes circulation facility impro
needed to accommodate the use, mitigation measures to achieve compliance
noise standards of the plan and a buffer from sensitive environmental :
required by the Open Space and Conservation Element.
2. That the site for the intended use is adequate in size and shape to accommodate th
that all applicable code requirements have been met including the park
building coverage standards. Five parking spaces over the required num
planned and building coverage is less than half of the maximum pe
Between 19.4 percent and 20.9 percent of the parking area will be landsc:
compared to the required 10 percent.
3. That all yards, setbacks, walls, fences, landscaping, and other features necessary 1
the requested use to existing or permitted fbture uses in the neighborhood
provided and maintained, in that landscaping is proposed to screen the parkin
Adequate vehicle circulation has been provided to accommodate truck
movements. Access to the site will be provided by driveways onto Hidder
Road and Aviara Parkway.
4. That the street systems serving the proposed use are adequate to properly k
traffic generated by the proposed use, in that the project includes the additio
eastbound right turn lane on Palomar Airport Road at its intersection with
Valley Road as well as an eastbound right turn lane on Palomar Airport Rom
intersection with Aviara Parkway. The project is conditioned to partici
funding improvements to the Palomar Airport Road/El Camino Real intersec
PC RES0 NO. 4602 -2-
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5. The project is consistent with the City-Wide Facilities and Improvements 1
applicable local facilities management plan and all City public facility poli
ordinances since:
A. The project has been conditioned to ensure the building permits will not 1
for the project unless the District Engineer determines that sewer s
available, and building cannot occur within the project unless sewe
remains available, and the District Engineer is satisfied that the require
the Public Facilities Element of the General Plan have been met insofa
apply to sewer service for this project.
B. Statutory School fees will be paid to ensure the availability of school fac
the Carlsbad Unified School District.
C. All necessary public improvements have been provided or are req
conditions of approval.
D. The Developer has agreed and is required by the inclusion of an apl
condition to pay a public facilities fee. Performance of that contract and
of the fee will enable this body to find that public facilities will be G
concurrent with need as required by the General Plan.
6. The project has been conditioned to pay any increase in public facility fee,
construction tax, or development fees, and has agreed to abide by any a(
requirements established by a Local Facilities Management Plan prepared pur
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availa
public facilities and will mitigate any cumulative impacts created by the project.
7. This project has been conditioned to comply with any requirement approved as pl
Local Facilities Management Plan for Zone 5.
8. The project is consistent with the Comprehensive Land Use Plan (CLUP)
McClellan-Palomar Airport, dated April 1994, in that, as conditioned the a]
shall record a notice that the property is subject to overflight, sight and s
aircraft operating from McClellan-Palomar Airport. The project is cond
compatible with the projected noise levels of the CLUP; and, based on the nc
use compatibility matrix of the CLUP, the proposed land use is compatible
airport, in that buildings on the project site will be inside the 65 CNEL noise
and the proposed land use is a compatible use at this noise level wit
attenuation to an interior level of 50 decibels CNEL.
9. A growth management park fee of 40 cents per square foot of non-res
development will be collected at the time of building permit issuance. This
be used to construct recreational facilities to offset the demand created by err
within Zone 5.
10. That the project is consistent with the City’s Landscape Manual, adopted by City
Resolution No. 90-384. I PC RES0 NO. 4602 -3-
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11. That this project could have a potentially significant negative cumulativ
impact on the Palomar Airport Road/El Camino Real intersection. Howe
project has been conditioned to pay its fair share of the “short-term impro\
thereby, guaranteeing implementation of a mitigation measure that red
potential impact to a level of insignificance.
12. The Planning Commission has reviewed each of the exactions imposed on the 1
contained in this resolution, and hereby finds, in this case, that the exactions are
to mitigate impacts caused by or reasonably related to the project, and the exter
degree of the exaction is in rough proportionality to the impact caused by the pro-
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all co
and modifications to the Site Development Plan document(s) necessary to mr
internally consistent and in conformity with final action on the project. Devl
shall occur substantially as shown in the approved Exhibits. Any proposed devc
different from this approval, shall require an amendment to this approval.
2. The Developer shall comply with all applicable provisions of federal, state, i
ordinances in effect at the time of building permit issuance.
3. The Developer/Operator shall and does hereby agree to indemnify, protect, de
hold harmless the City of Carlsbad, its Council members, officers, employees, agl
representatives, from and against any and all liabilities, losses, damages, demand
and costs, including court costs and attorney’s fees incurred by the City arising,
or indirectly, from (a) City’s approval and issuance of ths Site Development :
City’s approval or issuance of any permit or action, whether discretionary
discretionary, in connection with the use contemplated herein, :
Developer/Operator’s installation and operation of the facility permitted
including without limitation, any and all liabilities arising from the emissiol
facility of electromagnetic fields or other energy waves or emissions.
4. The Developer shall provide the City with a reproducible 24” x 36”, mylar col
site plan as approved by the final decision making body. The site plan shall r(
conditions of approval by the City. The plan copy shall be submitted to
Engineer and approved prior to building, grading, final map, or improvem
submittal, whichever occurs first.
5. The Developer shall include, as part of the plans submitted for any permit plan
reduced legible version of the approving resolutions on a 24” x 36” blueline
Said blueline drawing(s) shall also include a copy of any applicable Coastal Dew
Permit and signed approved site plan.
6. Building permits will not be issued for development of the subject property w
District Engineer determines that sewer facilities are available at the time of ap
for such sewer permits and will continue to be available until time of occupancy.
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7. The Developer shall provide proof of payment of statutory school fees to
these fees shall be determined by the fee schedule in effect at the time of buildix
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conditions of overcrowding as part of the building permit application. The a
as part of the Zone 5 Local Facilities Management Plan and any amendments 5
application.
4 8. This project shall comply with all conditions and mitigation measures which are
that Plan prior to the issuance of building permits, including, but not limitt
6 following:
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A. A growth management park fee of 40 cents per square foot of non-re:
development will be collected at the time of building permit issuant
fee will be used to construct recreational facilities to offset the
created by employees within Zone 5.
9. If any condition for construction of any public improvements or facilities, or the
of any fees in-lieu thereof, imposed by this approval or imposed by law on this rc
housing project are challenged this approval shall be suspended as pro.
Government Code Section 66020. If any such condition is determined to be in7
approval shall be invalid unless the City Council determines that the project wi
condition complies with all requirements of law.
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10. Approval of SDP 97-25 is granted subject to the approval of the Mitigated i’
Declaration, Mitigation Monitoring and Reporting Program and CDP 97-5
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97-25 is subject to all conditions contained in Planning Commission Resoluti
4601 and 4603 for the Mitigated Negative Declaration, Mitigation Monitor
Reporting Program and CDP 97-52.
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11. Prior to the issuance of the Building Permit, Developer shall submit to the City
of Restriction to be filed in the office of the County Recorder, subject to the sat
of the Planning Director, notifying all interested parties and successors in interesl
City of Carlsbad has issued a Site Development Plan and Coastal Developmen
by Resolution No. 4602 and 4603 on the real property owned by the Develop1
Notice of Restriction shall note the property description, location of the file cc
complete project details and all conditions of approval as well as any cond
restrictions specified for inclusion in the Notice of Restriction. The Planning
has the authority to execute and record an amendment to the notice which mol
terminates said notice upon a showing of good cause by the Developer or succ
interest.
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pursuant to City standards. Location of said receptacles shall be approved
Planning Director prior to building permit issuance. Enclosure shall be oi
colors andor materials to the project to the satisfaction of the Planning Director
building permit issuance.
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An exterior lighting plan including parking areas shall be submitted for Planning
and U. S. Fish and Wildlife Sewice approval prior to building permit issua
lighting shall be designed to reflect downward and avoid any impacts on adjacel
or property. The maximum height of all light fixtures shall not exceed 30 feel
No outdoor storage of materials shall occur onsite unless required by the Fire (
such instance a storage plan will be submitted for approval by the Fire Chiel
Planning Director.
The Developer shall prepare a detailed landscape and irrigation plan in conform2
the approved Preliminary Landscape Plan and the City’s Landscape Manual. 1
shall be submitted to and approval obtained from the Planning Director pric
approval of the final map, grading perrnit, or building permit, whichever occurs f
Developer shall construct and install all landscaping as shown on the approved p
maintain all landscaping in a healthy and thriving condition, free from weeds, t
debris.
The first submittal of detailed landscape and irrigation plans shall be accompani
project’s building, improvement, and grading plans.
Building identification and/or addresses shall be placed on all new and existing
so as to be plainly visible from the street or access road; color of identificatic
addresses shall contrast to their background color.
Prior to the issuance of building permits the Developer shall prepare and record
that this property is subject to overflight, sight and sound of aircraft operat
McClellan-Palomar Airport, in a form meeting the approval of the Planning Dir
the City Attorney (see Noise Form #2 on file in the Planning Department).
The Developer is aware that the City is preparing a non-residential housing ir
(linkage fee) consistent with Program 4.1 of the Housing Element. The apl
further aware that the City may determine that certain non-residential projects I
to pay a linkage fee, in order to be found consistent with the Housing Elemc
General Plan. If a linkage fee is established by City Council ordinance and/or I
and this project becomes subject to a linkage fee pursuant to said ordinanc
resolution, then the Developer, or hishedtheir successor(s) in interest shall
linkage fee. The linkage fee shall be paid at the time of issuance of building
except for projects involving a request for a non-residential planned developmt
existing development, in which case, the fee shall be paid on approval of the f
parcel map or certificate of compliance, required to process the non-residenl
whichever pertains. If linkage fees are required for this project, and they are not
project will not be consistent with the General Plan and approval for this pr(
become null and void.
The developer shall submit and obtain Planning Director approval of a unii
program for this development prior to occupancy of any building. The dev
aware that the City is preparing an amendment to the sign requiremen
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Planned Industrial (P-M) Zone. In approving this project it is the inte1
Planning Commission that the project’s uniform sign program be consist
the sign requirements of the P-M Zone once it is amended. To achieve tht
consistency the sign program shall provide for the following:
A. A maximum of one monument sign per building not to exceed an a]
square feet.
B. A maximum of one wall sign per building frontage on a street for
No more than one sign per elevation.
C. The maximum sign area for all signs on a lot shall not exceed 200 squ
D. An amendment to the uniform sign program can be submitted
property owner/developer and be approved administratively by the 1
Director provided the proposed amendment causes the unifol
program to be consistent with the new sign requirements of the P-M
approved by the City Council.
21. Building permits for at least one of the four office buildings must be issued w
months of the date on which the Site Development Plan receives I
Commission approval or this approval shall expire. Building permits
remaining buildings shown on the Site Development Plan must be issued 1
years of the date on which the Site Development Plan received k
Commission approval or the Site Development Plan will expire as it pertain
office buildings not constructed.
22. Prior to the issuance of building permits the Developer shall grant an ope
easement to the City of Carlsbad for those portions of lots adjacent to
Creek as shown on Exhibits “B” and “C” dated September 1, 1999, on fil
Planning Department, Kelly Corporate Center SDP 97-25, to prohil
encroachment or development except for those improvements shown on I
“A” through “X” dated September 1, 1999. The easement shall specify that
maintenance of the site area subject to the open space easement which is aui
by the City of Carlsbad, the U.S. Fish and Wildlife Service and the C;
Department of Fish and Game is a permitted activity within the ope
easement.
23. Prior to the issuance of building permits, the Developer shall provide an irrevocal
of dedication to the City of Carlsbad for a trail easement for the trail (City hi1
bike path) shown on the Site Development Plan. If the City of Carlsbad
dedication of the trail easement, the trail shall be constructed as a public trail an(
the maintenance and liability responsibility of the City of Carlsbad. If the
Carlsbad does not accept dedication of the trail easement, the trail shall be cor
but it shall be constructed as a private trail and shall be the maintenance and
responsibility of the property owner.
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24. No roof equipment shall be allowed except for vents and make-up :
necessary to comply with requirements of the uniform codes (building, p
electrical, and fire). Skylights are also permitted. Necessary roof vents ar
up air units shall be painted to match the roof surface which shall be gray
The gray roof color shall remain for the life of the project.
25. No roof equipment shall be allowed except for vents and make-up :
necessary to comply with requirements of the uniform codes (building, p
electrical, and fire). Skylights are also permitted. Necessary roof vents a1
up air units shall be painted to match the roof surface which shall be gray
The gray roof color shall remain for the life of the project.
26. Prior to the issuance of grading permits, the project site plan shall be rc
include bicycle parking facilities for each building such as bicycle lockers c
The required site plan mylar shall reflect this revision. No building permi
issued unless the building plans incorporate these amenities.
EnPineerinP - Conditions
27. Prior to issuance of any building permit, the developer shall comply
requirements of the City’s anti-graffiti program for wall treatments if and wht
program is formerly established by the City.
28. The developer shall provide an acceptable means for maintaining the private e;
within the site and all the private: streets, sidewalks, street lights, storm drain
and sewer facilities located therein and to distribute the costs of such maintena
equitable manner among the owners of the properties within the site.
29. Prior to hauling dirt or construction materials to or from any proposed construc
within this project, the developer shall submit to and receive approval from
Engineer for the proposed haul route. The developer shall comply with all condi
requirements the City Engineer may impose with regards to the hauling operatior
30. The developer shall provide sight distance corridors at all project drivt
accordance with Engineering Standards and shall include the following statc
the site plan and landscape plans: “No structure, fence, wall, tree, shrub,
other object over 30 inches above the street level may be placed or pern
encroach within the area identified as a sight distance corridor in accordal
City Standard Public Street-Design Criteria, Section 8.B.3. The un
property owner shall maintain this condition.
31. The Developer shall pay his fair share for the “short-term improvements’’ 1
Camino ReaVPalomar Airport Road intersection prior to approval of the fi
or issuance of a grading permit, whichever occurs first. The amount shall b
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determined by the methodology ultimately selected by Council, including
limited to, an increase in the city-wide traffic impact fee; an increase in the c
traffic impact fee; an increased or new Zone 5 LFMP fee; the creation of
assessment district; or incorporation into a Mello-Roos taxing district.
Fees/APreements
32. The owner of the subject property shall execute an agreement holding the City
regarding drainage across the adjacent property.
33. The owner shall execute a hold harmless agreement for geologic failure.
34. This project is located within the boundary of Bridge and Thoroughfare District
No. 2, Aviara PaskwayRoinsettia Lane, and will be required to pay a Bd
estimated at $260/ADT.
35. Prior to approval of any grading or building permits for this project, the owner s
written consent to the annexation of the area shown within the boundaries of the
into the existing City of Carlsbad Street Lighting and Landscaping District Nc
form provided by the City.
Grading
36. Based upon a review of the proposed grading and the grading quantities shown or
plan, a grading permit for this project is required. The developer must submit anc
approval for grading plans in accordance with city codes and standards prior to
of a building permit for the project.
37. Prior to the issuance of a grading permit or building permit, whichever occurs
developer shall submit proof that a Notice of Intention has been submitted to t
Water Resources Control Board.
38. Upon completion of grading, the developer shall ensure that an "as-graded'' geolc
is submitted to the City Engineer. The plan shall clearly show all the geology as
by the grading operation, all geologic corrective measures as actually construl
must be based on a contour map which represents both the pre and post site gradil
plan shall be signed by both the soils engineer and the engineering geologist. 1
shall be prepared on a 24" x 36" mylar or similar drafhng film and shall bc
permanent record.
39. No grading for private improvements shall occur outside the limits of the project
grading or slope easement or agreement is obtained from the owners of the
properties and recorded. If the developer is unable to obtain the grading (
easement, or agreement, no grading permit will be issued. In that case the develol
either amend the Site Plan or modify the plans so grading will not occur out
project site in a manner which substantially conforms to the approved Site
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determined by the City Engineer and Planning Director.
Dedications/Improvements
40. Additional drainage easements may be required. Drainage structures shall be prc
installed prior to or concurrent with any grading or building permit as may be rec
the City Engineer.
41. The owner shall make an offer of dedication to the City for all public sh
easements required by these conditions or shown on the site plan. The offer shall
prior to issuance of any building permit for this project. All land so offered
granted to the City free and clear of all liens and encumbrances and without c(
City. Streets that are already public are not required to be rededicated.
42. Hidden Valley Road shall be dedicated by the owner along the project frontage
a center line to right-of-way width of 68 feet and in conformance with City of
Standards.
43. Direct access rights for the project frontage with Hidden Valley Road, Palomar
Road and Aviara Parkway, except for the project access driveways as show
site plan, shall be waived by separate deed document prior to building permit iss
44. The drainage system shall be designed to ensure that runoff resulting from
frequency storms of 6 hours and 24 hours duration under developed conditions,
to or less than the runoff from a storm of the same frequency and duration unda
developed conditions. Both 6 hour and 24 hour storm durations shall be an:
determine the detention basin capacities necessary to accomplish the desired resu
45. The developer shall comply with the City's requirements of the National
Discharge Elimination System (NPDES) permit. The developer shall pro1
management practices as referenced in the "California Storm Water Best Mar
Practices Handbook" to reduce surface pollutants to an acceptable level prior to (
to sensitive areas. Plans for such improvements shall be approved by the City 1
Said plans shall include but not be limited to notifling prospective owners and t
the following:
A. All owners and tenants shall coordinate efforts to establish or WI
established disposal programs to remove and properly dispose of tl
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, m
antifreeze, solvents, paints, paint thinners, wood preservatives, and ot
fluids shall not be discharged into any street, public or private, or into stc
or storm water conveyance systems. Use and disposal of pesticides, fu
herbicides, insecticides, fertilizers and other such chemical treatments SI
Federal, State, County and City requirements as prescribed in their rl
containers.
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C. Best Management Practices shall be used to eliminate or reduce surface 1
when planning any changes to the landscaping and surface improvements
46. Plans, specifications, and supporting documents for all public improvements
prepared to the satisfaction of the City Engineer. In accordance with City Stanc
developer shall install, or agree to install and secure with appropriate security as
by law, improvements shown on the site plan and the following improvements:
A. Full improvements of Hidden Valley Road to Collector Standards a
project frontage and southerly off-site along the easterly right-of-wa
join existing improvements.
B. Half street improvements of Palomar Airport Road to Prime
Standards along the project frontage.
C. Full improvements to Aviara Parkway to Major Arterial Standards a
project frontage.
Improvements listed above shall be constructed within 18 months of approvz
secured improvement agreement or such other time as provided in said agreement
47. The structural section for the access aisles must be designed with a traffic index
accordance with City Standards due to truck access through the parlung area and
with an ADT greater than 500. The structural pavement design of the aisle ways
submitted together with required R-value soil test information and approved by
as part of the building site plan review.
48. The design of all private streets and drainage systems shall be approved by 1
Engineer. The structural section of all private streets shall conform to City of (
Standards based on R-value tests. All private streets and drainage systems
inspected by the City. The standard improvement plan check and inspection fees
paid prior to issuance of any building or grading permit for this project.
49. Drainage outfall end treatments for any drainage outlets where a direct access
maintenance purposes is not provided, shall be designed and incorporated
gradinghmprovement plans for the project. These end treatments shall be desigr
to prevent vegetation growth from obstructing the pipe outfall. Designs could cor
modified outlet headwall consisting of an extended concrete spillway secti.
longitudinal curbing and/or radially designed rip-rap, or other means deemed app~
as a method of preventing vegetation growth directly in front of the pipe outle
satisfaction of the Community Services Director and the City Engineer.
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Water Conditions
50. The Developer shall be responsible for all fees, deposits and charges whicl
collected before and/.or at the time of issuance of the building permit. The S;
County Water Authority capacity charge will be collected at issuance of applic
any meter installation.
5 1. The Developer shall provide detailed information to the District Engineer regard
demand, irrigation demand, fire flow demand in gallons per minute, and projecl
flow in million gallons per day.
52. The entire potable water system, recycled water system and sewer system
evaluated in detail by Developer and District Engineer to insure that adequate
pressure and flow demands can be met.
53. All District pipelines, pump stations, pressure reducing stations and appm
required for this project by the District shall be within public right-of-way c
easements granted to the District or the City of Carlsbad.
54. Sequentially, the Developer’s Engineer shall do the following:
A. Meet with the City Fire Marshal and establish the fire protection requirer
B. Prepare and submit a colored recycled water use area map and submit thi
the Planning Department for processing and approval by the District Engil
C. Prior to the preparation of sewer, water and recycled water improveme1
the Developer shall submit preliminary system layouts to the District Eng
review, comment and approval.
55. The following note shall be placed on the site plan. “This project is approved 1
expressed condition that building permits will not be issued for developmer
subject property unless the District serving the development has adequate w
sewer capacity available at the time development is to occur, and that such IT
sewer capacity will continue to be available until time of occupancy.’’
56. All potable water and recycled water meters shall be placed within public right of
57. A public fire flow system shall be required for this industrial development, and it
constructed as a looped pipeline system.
General Conditions
58. If any of the foregoing conditions fail to occur; or if they are, by their term
implemented and maintained over time, if any of such conditions fail tc
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implemented and maintained according to their terms, the City shall have the
revoke or modify all approvals herein granted; deny or fin-ther condition issuar
future building permits; deny, revoke or further condition all certificates of o(
issued under the authority of approvals herein granted; institute and prosecute litj
compel their compliance with said conditions or seek damages for their viol2
vested rights are gained by Developer or a successor in interest by the City’s ap
this Site Development Plan.
CODE REMINDERS
The project is subject to all applicable provisions of local ordinances, including but not 1:
the following:
59. The developer shall exercise special care during the construction phase of this 1:
prevent offsite siltation. Planting and erosion control shall be provided in aci
with the Carlsbad Municipal Code and the City Engineer.
60. Some improvements shown on site plan and/or required by these conditions art
offsite on property which neither the City nor the owner has sufficient title or in
permit the improvements to be made without acquisition of title or intere:
developer shall conform to Section 20.16.095 of the Carlsbad Municipal Code.
61. The Developer shall pay a landscape plan check and inspection fee as required by
20.08.050 of the Carlsbad Municipal Code.
62. Approval of this request shall not excuse compliance with all applicable sectior
Zoning Ordinance and all other applicable City ordinances in effect at time of
permit issuance, except as otherwise specifically provided herein.
63. The project shall comply with the latest non-residential disabled access requi
pursuant to Title 24 of the State Building Code.
64. All roof appurtenances, including air conditioners, shall be architecturally integr:
concealed from view and the sound buffered from adjacent properties and sb
substance as provided in Building Department Policy No. 80-6, to the satisfactio
Directors of Community Development and Planning.
65. Compact parking spaces shall be located in large groups, and in locations clearly
to the satisfaction of the Planning Director.
66. All landscape and irrigation plans shall be prepared to conform with the La
Manual and submitted per the landscape plan check procedures on file in the P
Department.
67. Any signs proposed for this development shall at a minimum be designed in confc
with the City’s Sign Ordinance and the sign program required for the project a
require review and approval of the Planning Director prior to installation of such s I
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68. The developer shall pay all current fees and deposits required.
69. Developer shall pay the License Tax on new construction imposed by 4
Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable),
Citywide Public Facilities Fee imposed by City Council Policy #17, subjec
credits authorized by Carlsbad Municipal Code Section 5.09.040. Develo]
also pay any applicable Local Facilities Management Plan fee for Zone 5,l
to Chapter 21.90. All such taxes/fees shall be paid at issuance of building pt
taxes/fees are not paid, this approval will not be consistent with the Gene
and shall become void.
70. Prior to issuance of a grading or building permit, the property owner shall
Master Drainage Fee in accordance with Carlsbad Municipal Code Chapter
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for convel
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exac
you protest them, you must follow the protest procedure set forth in Government Codt
66020(a), and file the protest and any other required information with the City Mar
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure tl
follow that procedure will bar any subsequent legal action to attack, review, set aside,
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/€
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor 1
zoning, grading or other similar application processing or service fees in connection 1
project; NOR DOES IT APPLY to any fees/exactions of which you have previously be
a NOTICE similar to this, or as to which the statute of limitations has previously o
expired.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 1st day of September 199
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heure
Trigas, and Welshons
NOES:
ABSENT: Commissioners Nielsen and Segall 3
//,; 1:
COURTNEY E. kIEdEhAN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
If
Planning Director
MICHAEL J. HOMMIMER
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