Loading...
HomeMy WebLinkAbout2004-01-07; Planning Commission; Resolution 55381 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. 5538 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE EXPANSION AND CONTINUED OPERATION OF THE OLIVENHAIN MUNICIPAL WATER DISTRICT HEADQUARTERS AND OPERATIONS YARD ON PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF OLIVE” ROAD AND RANCHO SANTA FE ROAD IN LOCAL, FACILITIES MANAGEMENT ZONE 11. CASE NAME: OMWD CAMPUS PLAN CASE NO.: CUP 02-01 WHEREAS, Olivenhain Municipal Water District, CcDeveloper/Owner,” has filed a verified application with the City of Carlsbad regarding property described as Portion of Lots 10 and 13 of the Subdivision of Rancho Las Encinitas, according to Map No. 848, filed in the Office of the County Recorder of the County of San Diego on June 27,1898, in the City of Carlsbad, County of San Diego, State of California (“the Property”); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit as shown on Exhibits “A” - “KK” dated January 7, 2004, on file in the Carlsbad Planning Department, OMWD CAMPUS PLAN - CUP 02-01, as provided by Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 7th day of January 2004, 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 all persons desiring to be heard, said Commission considered all factors relating to the CUP. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 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 A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission APPROVES OMWD CAMPUS PLAN - CUP 02-01, based on the following findings and subject to the following conditions: Findinw : 1. 2. 3. 4. 5. 6. That the requested use is necessary or desirable for the development of the community, is essentially in harmony with 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 expansion of the Olivenhain Municipal Water District headquarters and operations facility is desirable to accommodate the growth in water demand due to increased population in the area; the proposed water district headquarters and operations facility is consistent with the Governmental Facilities land use designation; and the operations facility will be screened from neighboring residential uses with a solid wall and/or landscaping. That the site for the intended use is adequate in size and shape to accommodate the use, in that the proposed buildings, parking areas, landscaping, and other features all fit within the existing site without the need for expansion of property boundaries or variances for reduced setbacks from property lines. 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 the proposed improvements can accommodate a screening wall with landscaping along the southern property boundary to screen the operations facility from nearby residential uses; That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the project site will generate 600 average daily trips and is served by Rancho Santa Fe Road, a secondary arterial with a capacity of up to 20,000 average daily traffic trips, and Olivenhain Road, a prime arterial with a capacity of 40,000 or more average daily traffic trips. The Planning Commission finds that all feasible mitigation measures identified in the Mitigated Negative Declaration as prepared by the Olivenhain Municipal Water District for the OMWD Campus Plan project acting as lead agency for CEQA purposes, and as certified by the Olivenhain Municipal Water District Board of Directors on August 27, 2003, which are appropriate have been incorporated into this Project . 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 the degree of the exaction is in rough proportionality to the impact caused by the project. PC RES0 NO. 5538 -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 Conditions: Note: 1. 2. 3. 4. 5. 6. Unless otherwise specified herein, all conditions shall be satisfied prior to grading o building permit, whichever occurs first. 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. 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 without the condition complies with all requirements of law. 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, fiom (a) City’s approval and issuance of this Conditional Use Permit, (b) City’s approval or issuance of any pennit 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. Developer shall submit to Planning Department a reproducible 24” x 36” mylar copy of the Site Plan reflecting the conditions approved by the final decision making body. PC RES0 NO. 5538 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. 8. 9. 10. 11. 12. 13. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Encinitas Union Elementary and San Dieguito Union High 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 11 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: 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 annually to determine if all conditions of this permit have been met and that the use does not have 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 is granted. 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 approval is granted subject to the approval of SP 196(A), SDP 02-01, and SUP 03- 01 is subject to all conditions contained in Planning Commission Resolutions No. 5537, 5539, and 5540 for those other approvals incorporated herein by reference. Developer is aware that the City is preparing a non-residential housing impact fee (linkage fee) consistent with Program 4.1 of the Housing Element. The applicant is further aware that the City may determine that certain non-residential projects may have to pay a linkage fee, in order to be found consistent with the Housing Element of the General Plan. If a linkage fee is established by City Council ordinance andor resolution and this project becomes subject to a linkage fee pursuant to said ordinance andor resolution, then the Developer, or hisherhheir successor(s) in interest shall pay the linkage fee. The linkage fee shall be paid at the time of issuance of building permits, except for projects involving a request for a non-residential planned development for an existing development, in which case, the fee shall be paid on approval of the final map, parcel map or certificate of compliance, required to process the non-residential PUD, whichever pertains. If linkage fees are required for this project, and they are not paid, this project will not be consistent with the General Plan and approval for this project will become null and void. PC RES0 NO. 5538 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14. 15. 16. 17. 18. 19. 20. 21. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the project’s building, improvement, and grading plans. Developer shall provide bus stops to service this development at locations and with reasonable facilities to the satisfaction of the North County Transit District and the Planning Director. Said facilities, if required, shall be free from advertising and shall include at a minimum include a bench and a pole for the bus stop sign. The facilities shall be designed to enhance or be consistent with basic architectural theme of the project. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. Prior to the issuance of the grading or building permit, whichever occurs first, 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 Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Conditional Use Permit, Site Development Plan, and Special Use Permit - Floodplain by Resolutions No. 5538, 5539, and 5540 on the property. 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 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 Planning Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director. No outdoor storage of materials other than that approved by an Outdoor Storage Plan, shall occur onsite unless required by the Fire Chief. The Developer shall submit and obtain approval of the Fire Chief and the Planning Director of an Outdoor Storage Plan, prior to issuance of any certificate of occupancy, and thereafter comply with the approved plan. Developer shall submit and obtain Planning Director approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. PC RES0 NO. 5538 -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 22. 23. 24. Compact parking spaces shall be located in large groups, and in locations clearly marked to the satisfaction of the Planning Director. Upon completion of the entire development, the Developer shall have constructed, installed and striped not less than 241 parking spaces, as shown on Exhibits “B” and “F,” dated January 7,2004. That OMWD trucks, heavy equipment, and service vehicles use the signalized access on Rancho Santa Fe Road for ingress from the east. En pineering: General 25. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 26. Prior to issuance of any building permit, Developer shall comply with the requirements of the City’s anti-graffiti program for wall treatments if and when such a program is formally established by the City. 27. Developer shall install and maintain sight distance corridors at all street intersections in accordance with Engineering Standards. FeedAgreements 28. 29. 29. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City’s standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. Prior to approval of any grading or building permits for this project, Developer shall cause Owner to give written consent to the City Engineer to the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the City Engineer. Developer shall enter into a Prepayment Agreement with the City for prepayment of the developer obligation for the funding to improve Rancho Santa Fe Road, which will satisfy the special condition in the Zone 11 LFMP requiring a financing plan guaranteeing construction of Rancho Santa Fe Road. Grading 30. Based upon a review of the proposed grading and the grading quantities shown on the Site Plan, a grading permit for this project is required. Developer shall apply for and obtain a grading permit from the City Engineer prior to issuance of a building permit for PC RES0 NO. 5538 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 31. 32. 33. the project. Prior to the issuance of a grading permit or building permit, whichever a curs first, Developer shall submit to the City Engineer proof that a Notice of Intention for the start of work has been submitted to the State Water Resources Control Board. Construction phasing is approved with this project as described on the Site Plan. The first phase of construction shall not interfere with old Olivenhain Road for use as a public street until this street is vacated pursuant to City Council action. No other subsequent construction phases shall be permitted until old Olivenhain Road is vacated. Developer shall secure written approval from the westerly adjacent property regarding the proposed joint access as shown on the Site Plan prior to its reciprocal use. No work shall occur on the westerly adjacent property without prior written approval. Developer shall also provide evidence of a private access easement benefiting said westerly property to memorialize the proposed joint access prior to its use. Proof of such approval and private access easement shall be provided to the satisfaction of the City Engineer. DedicationdImprovements 34. 35. 36. Developer shall cause Owner to dedicate to the City and/or other appropriate entities for all public streets and other easements shown on the Site Plan. The offer shall be made by separate recorded document. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Streets that already public are not required to be rededicated. Additional drainage easements may be required. Developer shall dedicate and provide or install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit. In accordance with a Reimbursement Agreement (Agreement) between the Developer and the City of Carlsbad (parties), full-width road and utility improvements shall be completed along the project frontage of Rancho Santa Fe Road and Olivenhain Road. These improvements are a shared-responsibility between the Developer and proposed CFD No. 2, as outlined in the Agreement, and are therefore funded by fair-share costs. With the combined efforts of the parties, these improvements include, but are not limited to: a) Full-width grading, paving, curb, gutter, sidewalk, street lights, median hardscape, median landscaping, parkway landscaping, and utility improvements to Rancho Santa Fe Road along the project frontage as shown on the Site Plan. Improvements shall include transitional improvements to match existing improvements beyond the frontage of the project. b) Full-width grading, paving, curb, gutter, sidewalk, street lights, median hardscape, median landscaping, parkway landscaping, guardrail, and PC RES0 NO. 5538 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 37. 38. 39. underground utility improvements to Olivenhain Road along the project frontage as shown on the Site Plan. Improvements shall include transitional improvements to match existing improvements beyond the frontage of the project. c) Design and install a fully-activated traffic signal, including all appurtenances, at the intersection of Rancho Santa Fe Road and Olivenhain Road to the satisfaction of the City Engineer. The traffic signal shall not be installed until such time that written approval is received from the City Engineer. d) Design and install a fully-activated traffic signal, including all appurtenances, at the project entry along Rancho Santa Fe Road to the satisfaction of the City Engineer that is necessary to serve this project. The traffic signal shall not be installed until such time that written approval is received from the City Engineer. Prior to issuance of Development Permits, Developer shall enter into a reimbursement Agreement (Agreement) with the City of Carlsbad. Per the Agreement, the Developer may be eligible for reimbursement for certain improvements to Rancho Santa Fe Road and Olivenhain Road from proposed CFD No. 2, including processing, design and environmental costs incurred. Eligible reimbursable work relates to the core improvements to both these road segments, which includes full-width grading, two 18-foot lanes, median curb, and drainage facilities and the traffic signal modification at the intersection of Rancho Santa Fe Road and Olivenhain Road. All remaining improvements (along the project frontage) not defined under core improvements shall be the responsibility of the Developer. Developer shall be responsible to pay the City for non-core improvements. Per the Agreement, Developer shall design full road improvements, and the City shall construct the full road improvements. The Agreement shall be prepared to the satisfaction of the City Attorney and City Engineer and approved by City Council. Developer shall prepare separate construction plans necessary for the ultimate public improvements to Rancho Santa Re Road and Olivenhain Road, including the traffic signal modifications at the intersection. Developer shall prepare construction specifications to Carlsbad’s standards with a bid schedule that allows separation of reimbursable improvements, Developer improvements, and City of Encinitas improvements so that project costs may be monitored, separated and tracked during construction. Per the Agreement, Developer shall cause Owner to waive direct access rights, with the exception of the proposed access openings, by separate document and provide proof of recordation to the City Engineer prior to the issuance of a building permit for the project abutting Olivenhain Road and Rancho Santa Fe Road. Developer shall pay easement processing fees in accordance with the approved schedule of fees, latest version. PC RES0 NO. 5538 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 40. 41. 42. 43. 44. 45. 46. Per the Agreement, Developer shall coordinate with the City of Encinitas to secure approval to perform the offsite road improvements to Olivenhain Road within City of Encinitas boundary. If this approval cannot be secured, Developer shall revise these plans to exclude these improvements as shown on the site plan. Prior to issuance of Development Permits, Developer shall coordinate with NCTD regarding transit facility requirements for this project and Developer shall provide written approval from NCTD stating that they do not object to this project. Developer shall incorporate the construction of NCTD facilities with this project. Developer shall submit, process and receive approval of a general street vacation for that portion of old Olivenhain Road that bisects the project as shown on the Site Plan. This street vacation shall not be processed until the ultimate road improvements to Rancho Santa Fe Road and Olivenhain Road have been completed to the satisfaction of the City Engineer. Developer shall pay all processing fees for a general street vacation in accordance with the approved schedule of fees, latest version. Until this street vacation is approved, this street shall remain available for public use. After old Olivenhain Road is vacated, Developer shall submit for and receive approval of a lot line adjustment to merge the two parcels of land into one parcel. The lot line adjustment shall be prepared to the satisfaction of the City Engineer. Developer shall pay lot line adjustment processing fees in accordance with the approved schedule of fees, latest version. Developer shall be responsible to perform maintenance on the proposed private water quality basin to ensure its effectiveness in reducing pollutants to the watershed. Developer shall underground all existing overhead utilities within the project boundary, consistent with the approved phasing plan. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit, latest version. Developer shall provide improvements constructed pursuant to best management practices as referenced in the "California Storm Water Best Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: A. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifkeeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain PC RES0 NO. 5538 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 47. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a “Storm Water Pollution Prevention Plan (SWPP).” The SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of the project. At a minimum, the SWPPP shall: a. include all content as established by the California Regional Water Quality Control Board requirements; b. include the receipt of “Notice of Intent” issued by the California Regional Water Quality Control Board; c. recommend source control and treatment control Best Management Practices (BMPs) that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right- of-way or natural drainage course; and d. establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to employee education on the proper procedures for handling clean up and disposal of pollutants. 48. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a “Storm Water Management Plan (SWMP).” The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter said pollutants from storm water, to the maximum extent practicable, for the post-construction stage of the project. At a minimum, the SWMP shall: a. identi@ existing and post-development on-site pollutants-of-concern; b. ensure that numeric sizing criteria is met; c. identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; d. recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way; e. establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to (EMPLOYEE) education on the proper procedures for handling clean up and disposal of pollutants; PC RES0 NO. 5538 -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 49. 50. f. ensure long-term maintenance of all post construct BMPs in perpetuity; and g. identi@ how post-development runoff rates and velocities from the site will not exceed the pre-development runoff rates and velocities to the maximum extent practicable. Developer shall apply for and obtain approval by the City Engineer for the structural section for the access aisles with a traffic index of 5.0 in accordance with City Standards due to truck access through the parking area and/or aisles with an ADT greater than 500. The structural pavement design of the aisle ways shall be submitted together with required R-value soil test information and approved by the City Engineer as part of the building or grading plan review whichever occurs first. Developer shall obtain approval from Leucadia Wastewater District regarding the necessary sewer facilities to serve this project. Proof of such approval shall be provided to the satisfaction of the City Engineer. Code Reminders: The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 51. 52. 53. 54. 55. 56. 57. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the Site Plan are for planning purposes only. 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. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 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. The project shall comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Building Code. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 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 Planning Director prior to installation of such signs. PC RES0 NO. 5538 -1 1- 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 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 final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 7th day of January 2004 by the following vote, to wit: AYES: Chairperson White, Commissioners Baker, Dominguez, Heineman, Montgomery, Segall, and Whitton NOES: None ABSENT: None ABSTAIN: None %lU? Ad& MELISSA WHITE, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOk5h4ILLhk Planning Director PC RES0 NO. 5538 -12-