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HomeMy WebLinkAbout2009-04-15; Planning Commission; Resolution 65501 PLANNING COMMISSION RESOLUTION NO. 6550 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO 4 REMODEL THE EXISTING VACANT HADLEY'S - COMMERCIAL BUILDING INTO A 21,281 SQUARE FOOT COMBINATION ONE-AND-TWO STORY MULTI-USE 6 COMMERCIAL BUILDING THAT WILL INCLUDE A RESTAURANT, MUSEUM AND MEETING ROOMS ON 7 PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF PASEO DEL NORTE AND SOUTH OF PALOMAR AIRPORT 8 ROAD, WITHIN THE MELLO II SEGMENT OF THE LOCAL 9 COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 3. 10 CASE NAME: GREEN DRAGON COLONIAL VILLAGE CASE NO.: CUP 08-08 11 12 WHEREAS, Bruce Bartlett, "Developer/Owner," has filed a verified application 13 with the City of Carlsbad regarding property described as 14 Parcel 1 of Parcel Map No. 6022, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, June 8,1977 as File 16 No. 77-224223 (APN 211-040-21), and 17 That portion of Lot "H" of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 823, filed in the office of the County Recorder of San Diego County, November 16, 1896 (APN 211-050-04), and 20 The southerly 120.00 feet (measured along the easterly line 21 thereof) of that portion of Lot "H" of Rancho Agua Hedionda, in the County of San Diego, State of California, according to map thereof No. 823, filed in the Office of the County Recorder 23 of San Diego County, November 16,1896 (APN 211-050-16) 24 ("the Property"); and r\ c WHEREAS, said verified application constitutes a request for a Conditional Use 26 Permit as shown on Exhibits "A" - "Q" dated April 15, 2009, on file in the Planning 27 Department, GREEN DRAGON COLONIAL VILLAGE - CUP 08-08, as provided by 28 Chapter 21.42 and/or 21.50 of the Carlsbad Municipal Code; and 1 WHEREAS, the Planning Commission did, on April 15, 2009, hold a duly 2 noticed public hearing as prescribed by law to consider said request; and 3 WHEREAS, at said public hearing, upon hearing and considering all testimony 4 5 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 6 relating to the CUP. 7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning c Commission of the City of Carlsbad as follows: 9 A) That the foregoing recitations are true and correct. 10 B) That based on the evidence presented at the public hearing, the Commission 11 RECOMMENDS APPROVAL of the GREEN DRAGON COLONIAL 12 VILLAGE - CUP 08-08, based on the following findings and subject to the following conditions: 13 Findings: 14 1. The requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the general plan, including, if 16 applicable, the certified local coastal program, specific plan or master plan, in that the proposed uses (i.e. restaurant, museum, and meeting rooms) are allowed within the 17 C-T and Commercial/Visitor-Serving Overlay Zones, which implement the Travel/Recreation Commercial (T-R) General Plan Land Use designation, and furthermore are necessary and desirable to the community in that they are visitor in attractions that serve the travel and recreational needs of tourists, residents, and employees of the surrounding businesses and industrial centers. 20 2. The requested use is not detrimental to existing uses or to uses specifically permitted in 21 the zone in which the proposed use is to be located, in that the proposed uses (i.e. 22 restaurant, museum, and meeting rooms) are not detrimental to the existing surrounding uses or to uses specifically permitted in the zone, in that the project site 23 has been designed to accommodate all parking on site, and provides for adequate traffic circulation. Furthermore, to ensure compatibility of the project with the 24 surrounding community, all of the required development standards of the Commercial/Visitor-Serving Overlay Zone and C-T Zone, including screening of parking, loading, and trash facilities, have been incorporated into the project 26 design. 27 3. The site for the proposed conditional use is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping 28 and other development features prescribed in this code and required by the planning director, planning commission or city council, in order to integrate the use with other uses PCRESONO. 6550 -2- in the neighborhood, in that the 3.08-acre project site is adequate in size and shape to 2 accommodate the proposed uses in that the project can be fit within the proposed development area without the need for any variances. Furthermore, the project 3 complies with all of the required development standards and parking requirements of the C-T Zone and the Commercial/Visitor-Serving Overlay Zone in that, 4 adequate building and landscape setbacks have been provided; the proposed <r building is designed with enclosed service areas to conceal trash receptacles and storage of supplies; and all roof-mounted mechanical equipment is appropriately 6 screened from public view. 7 4. The street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that a traffic study was submitted for the development proposal, which indicates that the proposed project will generate a 9 total of approximately 1,305 Average Daily Trips (ADT), with 95 AM peak hour trips and 172 PM peak hour trips. A majority of this traffic will utilize Palomar 10 Airport Road (PAR) and Paseo Del Norte (PDN) to access the proposed project. At the build-out Year 2030 volumes, the project's peak hour traffic will contribute to a Level of Service (LOS) E at the intersection of PAR and PDN, which is higher than 12 the City's requirement of LOS D or better. To mitigate this potential impact, a future dedicated right-turn lane needs to be constructed from eastbound PAR to 13 southbound PDN. The project, in the form of a mitigation measure, will pay a proportional fair share contribution towards the construction of this right-turn lane 14 to reduce impacts to a less than significant level. Through project design and mitigation, the street system serving the proposed use is adequate to properly handle all traffic that is expected to be generated by the project and all intersections and 16 roadway segments serving the project will operate at acceptable levels of service. 17 5. The proposed project is adequately designed to accommodate the high percentage of visitor, tourist, and shuttle/bus alternative transportation users anticipated given the proposed use and site location within the overlay zone, in that the project site provides jp the required number of parking spaces that are necessary to accommodate the proposed uses (including bus parking and a drop off/loading area), and the onsite 20 circulation system is adequately designed to accommodate traffic flow throughout the parking lot and around the proposed building. 21 6. The building form, building colors, and building materials combine to provide an architectural style of development that will add to the objective of high quality 23 architecture and building design within the overlay zone, in that the proposed building has been designed in an alternative architectural style (American Colonial), as 24 allowed per subsection 21.208.100(F)(3) of the Carlsbad Municipal Code. This is compatible with the other commercial buildings within the vicinity, which also include a variety of architectural styles. The proposed building represents a high 26 quality form of architectural design through its use of varied building forms and articulation, high quality building materials, and decorative architectural elements. 27 The combinations of architectural elements create a project that is complementary to the surrounding development, and adds to the objective of high quality 2° architecture and building design within the overlay zone. PC RESO NO. 6550 -3- 7. The project complies with all development and design criteria of the overlay zone, in that 2 the project meets or exceeds all of the development and design criteria of the overlay zone including, but not limited to parking, screening, building height, building 3 setbacks, building design, and landscaping. 8. The Planning Commission finds that the project, as conditioned herein, is in conformance <- with the Elements of the City's General Plan, based on the facts set forth in the staff report dated April 15, 2009. 6 9. The project is consistent with the Citywide Facilities and Improvements Plan, the Local 7 Facilities Management Plan for Zone 3 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 9 and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the 10 project will be installed to serve new development prior to or concurrent with need. Specifically, 12 a. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for 13 school facilities. b. The Public Facility fee is required to be paid by Council Policy No. 17 and 1 will be collected prior to the issuance of building permit. 16 c. The Local Facilities Management fee for Zone 3 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance 17 of building permit. 18 10. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan-Palomar Airport (ALUCP), dated October 2004, in that as conditioned the applicant shall record a notice concerning aircraft noise. The project is compatible with 20 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 proposed uses (i.e., restaurant, museum, and meeting rooms) are considered ~~ compatible land uses within the 60 CNEL. 23 11. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). 24 12. The Planning Commission has reviewed each of the exactions imposed on the 25 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 27 impact caused by the project. 28 PC RESO NO. 6550 -4- Conditions: 2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a 3 grading permit or building permit, whichever occurs first. 4 1. If any of the following conditions fail to occur, or if they are, by their terms, to be r 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 6 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 7 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 9 or a successor in interest by the City's approval of this Conditional Use Permit. 10 2. 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 12 shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 13 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 14 regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment 16 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 17 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. 19 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 20 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 21 and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Conditional Use Permit, (b) City's approval or issuance of any permit or action, whether discretionary or 23 nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 24 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 25 approval is not validated. 27 6. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar copy of the Site Plan reflecting the conditions approved by the final decision-making 28 body. PC RESO NO. 6550 -5- 7. Developer shall include, as part of the plans submitted for any permit plancheck, a 2 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any applicable Coastal Commission approvals). 3 8. Prior to the issuance of a building permit, the Developer shall provide proof to the 4 Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 9. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 3 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 10. This approval is granted subject to the approval of the Mitigated Negative Declaration o and Mitigation Monitoring and Reporting Program, and CDP 08-13 and is subject to all conditions contained in Planning Commission Resolutions No. 6549 and 6551 for 10 those other approvals incorporated herein by reference. 11 11. Developer shall implement, or cause the implementation of, the GREEN DRAGON 12 COLONIAL VILLAGE - CUP 08-08/CDP 08-13 Project Mitigation Monitoring and Reporting Program. 13 12. This approval shall become null and void if building permits are not issued for this 14 project within 36 months from the date of project approval. 13. 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 17 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. 18 14. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 20 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable 21 Local Facilities Management Plan fee for Zone 3, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 23 15. Prior to the issuance of the grading permit, Developer shall submit to the City a Notice 24 of Restriction executed by the owner of the real property to be developed. Said notice is 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(n) Conditional Use Permit and Coastal Development Permit by Resolutions No. 6550 and 6551 on the property. Said Notice of Restriction shall note the 27 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 PCRESONO. 6550 -6- an amendment to the notice which modifies or terminates said notice upon a showing of 2 good cause by the Developer or successor in interest. 3 16. This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis to determine if all conditions of this permit have been met and that the use does not have 4 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. 7 17. If, at any time, the City Council, Planning Commission, or Planning Director determines ° that there has been, or may be, a violation of the findings or conditions of this conditional use permit, or of the Municipal Code regulations, a public hearing may be held before the City Council to review this permit. At said hearing, the City Council may add additional conditions, recommend additional enforcement actions, or revoke the permit entirely, as necessary to ensure compliance with the Municipal Code and the intent and purposes of the Commercial/Visitor-Serving Overlay Zone, and to provide for the health, safety, and general welfare of the City. 13 18. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and 14 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. 19. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the 17 landscape plancheck process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 18 20. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in 2Q substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. 21 21. Prior to issuance of building permits, the Developer shall prepare and record a Notice that 22 this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). 24 22. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high 25 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 27 satisfaction of the Planning Director. 28 23. 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 PC RESO NO. 6550 -7- the Planning Director of an Outdoor Storage Plan, and thereafter comply with the 2 approved plan. 3 24. 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. 25. Compact parking spaces shall be located in large groups, and in locations clearly marked 6 to the satisfaction of the Planning Director. 7 26. The developer shall submit and obtain Planning Director approval of a sign program for the project showing conformance with the City of Carlsbad Sign Ordinance and the Commercial/Visitor-Serving Overlay Zone. All signs shall be 9 constructed and installed in accordance with the approved sign program. 10 Engineering: General 12 27. Prior to hauling dirt or construction materials to or from any proposed construction site 13 within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 14 28. 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. 17 29. Developer shall submit to the Planning Director, a reproducible 24" x 36", mylar copy of the Site Development Plan and conceptual grading plan, reflecting the conditions , Q approved by the final decision making body. The reproducible shall be submitted to the Planning Director, reviewed and, if acceptable, signed by the City's project engineer and 20 project planner prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first. 21 30. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. 23 Fees/Agreements 24 31. 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. 26 32. Developer shall cause property owner to execute and submit to the City Engineer for 27 recordation the City's standard form Drainage Hold Harmless Agreement. 28 33. Developer shall cause property owner to process, execute and submit an executed copy to the City Engineer for recordation a City standard Permanent Stormwater Quality Best PC RESO NO. 6550 -8- Management Practice Maintenance Agreement for the perpetual maintenance of all 2 treatment control, applicable site design and source control, post-construction permanent 3 Best Management Practices prior to the issuance of a grading permit or building permit, whichever occurs first for this Project. 4 <- 34. Developer shall cause property owner to execute and submit to the City Engineer for recordation, the City's standard Encroachment Agreement for the proposed 6 enhanced paving within public right of way at intersections of Paseo Del Norte and project driveways. 7 8 Grading 9 35. 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 prepare and submit 10 plans and technical studies/reports, for City Engineer review, and shall pay all applicable grading plan review fees per the City's latest fee schedule. , ~ 36. Developer shall apply for and obtain a grading permit from the City Engineer. Developer shall pay all applicable grading permit fees per the City's latest fee schedule and shall 13 post security per City Code requirements. 14 37. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer receipt of a Notice of Intention from the State Water Resources Control Board. 15 38. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a Tier 3 Storm Water Pollution Prevention Plan 17 (TIER 3 SWPPP). The TIER 3 SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water 18 Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall jo address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of the project. 20 39. Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." 21 The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad 23 Municipal Code all to the satisfaction of the City Engineer. 24 40. Developer shall incorporate Low Impact Development (LID) design techniques, on all final design plans submitted to the City, to reduce the amount of run-off by mimicking the natural hydrologic function of the site by preserving natural open-spaces and natural 25 drainage channels, minimizing impervious surfaces, promoting infiltration and evaporation of run-off before run-off leaves the site. Developer shall incorporate LID 27 techniques using current County of San Diego Low Impact Development Handbook (Storm Water Management Strategies). LID techniques include, but are not limited to: 28 vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the volume, peak flow rate, velocity and pollutants. PC RESO NO. 6550 -9- Dedications/Improvements 2 41. Developer shall design the private drainage systems, as shown on site plan to the 3 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. 42. Developer shall cause Owner to dedicate to the City public water easement as shown on 6 the site plan. The offer shall be made by a separate document. All land so offered shall be free and clear of all liens and encumbrances and without cost to the City. Streets that are 7 already public are not required to be rededicated. Additional easements may be required at final design to the satisfaction of the City Engineer.8 9 43. Developer shall prepare and process public improvement plans and, prior to City Engineer approval of said plans, shall execute a City standard Development Improvement 10 Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements shown on the Site Development Plan. Said improvements shall be installed to City Standards to the satisfaction of the City Engineer. These , j improvements include, but are not limited to: 13 a. Full half width improvements of Paseo Del Norte, along the project frontage, to secondary arterial standard, including but not limited to driveways, 14 paving, curb and gutter, sidewalk, striping, undergrounding or relocation of utilities, water & sewer services, drainage structures, all necessary transitions to existing improvements as shown on Site Development Plan. 16 b. Onsite potable water lines and appurtenances as shown on the Site 17 Development Plan. ° Developer shall pay the standard improvement plan check and inspection fees. Improvements listed above shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in 20 said agreement. 21 44. Prior to building permit issuance, the developer shall pay a proportional fair share contribution towards construction of a dedicated right-turn lane from eastbound Palomar Airport Road to southbound Paseo del Norte equivalent to twelve and eight 23 tenth percent (12.8%) of the actual cost to the satisfaction of the City Engineer. If construction of the right-turn lane is incorporated into the City's Traffic Impact Fee 24 (TIF) program, the payment of TIF will satisfy this condition. 45. Developer shall design, and obtain approval from the City Engineer, 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. Prior to 27 completion of grading, the final structural pavement design of the aisle ways shall be submitted together with required R-value soil test information subject to the review and 28 approval of the City Engineer. PC RESO NO. 6550 -10- 1 Utilities 2 46. Developer shall meet with the Fire Marshal to determine if fire protection measures (fire 3 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. 47. Developer shall design and construct public facilities within public right-of-way or within 6 minimum 20-foot wide easements granted to the District or the City of Carlsbad. At the discretion of the District or City Engineer, wider easements may be required for adequate 7 maintenance, access and/or joint utility purposes. o 48. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges 9 for connection to public facilities. 10 49. The Developer shall design landscape and irrigation plans utilizing recycled water as a source and prepare and submit a colored recycled water use map to the Planning * 1 Department for processing and approval by the District Engineer. 12 50. Developer shall install potable water and recycled water services and meters at locations 13 approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. 14 51. The Developer shall install sewer laterals and clean-outs at locations approved by the City Engineer. The locations of sewer laterals shall be reflected on public improvement plans. 16 52. The Developer shall design and construct public water, sewer, and recycled water 17 facilities substantially as shown on the site plan to the satisfaction of the District Engineer and City Engineer. 18 , Q Code Reminders: 20 53. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 21 54. 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 23 permit issuance, except as otherwise specifically provided herein. 24 55. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 25 ~s 56. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 27 57. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and 28 Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily PCRESONO. 6550 -11- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Trips (ADT) and floor area contained in the staff report and shown on the Site Development Plan are for planning purposes only. 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 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 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 April 15, 2009 by the following vote, to wit: AYES: NOES: Commissioners Baker, Boddy, Cardosa, Douglas, Whitton, and Chairperson Montgomery ABSENT: Commissioner Dominguez ABSTAIN: . MONTGC CARLSBAD PLANNIN icrson ON DON NEU Planning Director PCRESONO. 6550 -12-