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HomeMy WebLinkAbout2016-06-01; Planning Commission; Resolution 71711 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. 7171 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW A 142-ROOM BUSINESS HOTEL ON A 3.8 ACRE PREVIOUSLY GRADED IN-FILL SITE GENERALLY LOCATED NORTH OF PALOMAR AIRPORT ROAD, SOUTH OF WRIGHT PLACE AND EAST OF PALOMAR OAKS WAY ON LOT 12 OF THE CARLSBAD AIRPORT CENTRE SPECIFIC PLAN IN LOCAL FACILITIES MANAGEMENT ZONE 5 CASE NAME: HOME2 CARLSBAD SUITES CASE NO.: CUP 15-06 WHEREAS, Royal Hospitality Carlsbad, LLC, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by KSL Wright Place Office, LLC, "Owner," described as Lot 12 of Carlsbad Tract No. 84-46 Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, According to Map Thereof No. 11287, filed in the Office of the County Recorder of San Diego County, July 16, 1985 ("the Property"); and WHEREAS, said verified application constitutes a request for a Conditional Use Permit as shown on Exhibit(s) "A" -"U" dated June 1, 2016, on file in the Planning Division, HOME2 CARLSBAD SUITES-CUP 15-06, as provided by Chapter 21.42 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on June 1, 2016, 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: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of HOME2 CARLSBAD SUITES-CUP 15-06, based on the following findings and subject to the following conditions: 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 Findings: 1. 2. 3. That 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, the Carlsbad Airport Centre specific plan, in that the project site has a Planned Industrial (PI) General Plan Land Use Designation; and General Plan Land Use Policy No. 2-P.29 for Industrial and Office allows service and support uses in areas designated Planned Industrial (PI), which include commercial/retail uses, short-term lodging and other service uses that support planned industrial areas of the city. The proposed business hotel is considered short-term lodging as listed above and would support the surrounding planned industrial uses by supplying short- term lodging to business travelers in very close proximity to major transportation. Consistent with this policy, the Carlsbad Airport Centre Specific Plan provides an "Area 2" land use designation for purposes of allowing certain retail uses supporting the business park as listed in the Specific Plan. Hotels are listed as permitted uses in "Area 2" of the Specific Plan with the approval of a conditional use permit. The hotel use is necessary and desirable for this location in that the proposed hotel would be located within a very close proximity (1.4 miles) to the McClellan-Palomar Airport's main terminal. Business travelers connecting from flights through Los Angeles International Airport or private jet carriers would find access to and from the proposed hotel very convenient. The hotel use would provide short-term lodging for business people traveling into the area to do business within the Carlsbad Airport Centre Business Park as well as those other nearby businesses and business parks located within the surrounding area. Additionally, its location fronting directly along the Palomar Airport Road corridor provides direct convenient access to other adjacent business parks, as well as local beaches, dining, shopping and LEGOLAND California. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located in that the proposed business hotel is designed to meet or exceed the City's zoning development regulations as well as the Carlsbad Airport Centre Specific Plan development standards and design guidelines; is architecturally compatible with the surrounding industrial buildings, and is adequately designed and configured to accommodate the operations of the proposed hotel use. That 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 and other development features prescribed in this code and required by the City Planner, planning commission or city council, in order to integrate the use with other uses in the neighborhood, in that with the exception of an approved 14 space parking reduction, the proposed hotel is designed to meet all required development standards of the P-M Zone and design guidelines of the Carlsbad Airport Centre Specific Plan; the proposed three-story structure provides adequate building and landscape setbacks; is designed with enclosed service areas to conceal trash receptacles and storage of supplies; all roof-mounted mechanical equi1pment is appropriately screened from public view; and the project is required to maintain the landscaping and other site amenities so as to integrate the hotel use with the surrounding industrial office uses within the surrounding business park. 4. That the street system serving the proposed use is adequate to properly handle ail traffic generated by the proposed use, in that the 994 average daily vehicle trips, 80 AM peak hour trips and 90 PM peak hour trips estimated to be generated by the proposed 142-room business hotel do not exceed the level of service (LOS) thresholds for roadway and intersection conditions as analyzed in the Darnell & Associates, Inc. focused traffic study that was prepared for the project and dated February 18, 2016. The analysis of the Future Year 2035 and Future Year 2035 Plus PC RESO NO. 7171 -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 5. 6. 7. Project intersection conditions found Palomar Airport Road/College Boulevard-Aviara Parkway intersection to operate at LOS F with or without the project. Policy 3-P.lO of the General Plan identifies this street section to be exempt from the vehicle LOS standards and therefore does not require implementation of improvements to maintain the LOS standard outlined in General Plan Policy 3-P.4. However, the addition of project traffic to the exempt street section does require a Transportation Demand Management (TOM) ~trategy and a Transportation System Management (TSM) strategy per General Plan Policy 3-P.ll. To be consistent with General Plan Policy 3-P.ll, the project has been conditioned to provide a TOM strategy and contribute fees towards a citywide TSM program, which together will assist in reducing reliance on single- occupant automobiles and assist in achieving the city's livable streets vision. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan- Palomar Airport (ALUCP), dated March 4, 2010, in that the San Diego County Regional Airport Authority, Airport land Use Commission (ALUC), in a letter dated April 13, 2016, determined that the proposed project is consistent with the ALUCP based upon the following facts: a. The proposed project is located outside the 60 dB CNEL noise contour. The ALUCP identifies all uses located outside the 60 dB CNEL noise contour as compatible with airport uses; b. The proposed project is in compliance with the ALUCP airspace protection surfaces because a determination of no hazard to air navigation has been issued by the FAA; c. The proposed project is located within Safety Zone 6. The ALUCP identifies lodging uses located within Safety Zone 6 as compatible with airport uses; and d. The proposed project is located within the overflight notification area. The ALUCP requires recordation of an overflight notification only for new residential uses. That the project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 5 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, a. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. b. The Local Facilities Management fee for Zone 5 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. c. A growth management park fee of $0.40 per square foot of non-residential development will be collected at the time of building permit issuance. This fee will be used to construct recreational facilities to offset demand created by employees within Local Facilities Management Zone 5. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). PC RESO NO. 7171 -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 8. 9. That the City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15332 -lnfill Development of the state CEQA Guidelines. In making this determination, the City Planner has found that the exce[Ptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to 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. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit or building permit, whichever occurs first. 1. 2. 3. 4. 5. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute Utigation 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, 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 nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the faciUty of electromagnetic fields or other energy waves or emissions. This PC RESO NO. 7171 -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 6. 7. 8. 9. 10. 11. 12. 13. obligation survives until all legal proceedings have been concluded and continues even ifthe City's approval is not validated. Developer shall submit to the City Planner a reproducible 24" x 36" mylar copy of the Site Plan reflecting the conditions approved by the final decision-making body. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 5 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits, including, but not limited to the following: a. A growth management park fee of $0.40 per square foot of non-residential development will be collected at the time of building permit issuance. This fee will be used to construct recreational facilities to offset demand created by employees within Local Facilities Management Zone 17. This approval is granted subject to the approval of SP 181{H) and is subject to all conditions contained in Planning Commission Resolution No. 7170 for those other approvals incorporated herein by reference. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 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. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 5, 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. Developer shall submit to the City a Notice 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 City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Conditional Use Permit by Resolution No. 7171 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 City Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. PC RESO NO. 7171 -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 14. 15. 16. 17. 18. 19. 20. 21. CUP 15-06 shall be reviewed by the City Planner 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, safety and general welfare. If the City Planner determines that: 1) the Conditional Use Permit was obtained by fraud or misrepresentation; or 2) the use for which such approval was granted is not being exercised; or 3) the Conditional Use Permit is being or recently has been exercised contrary to any of the terms or conditions of approval or the conditions of approval have not been met; or 4) the use for which such approval was granted has ceased to exist or has been suspended for one year or more; or 5) the use is in violation of any statute, ordinance, law or regulation; or 6) the use permitted by the Conditional Use Permit is being or has been so exercised as to be detrimental to the public health, safety or welfare or so as to constitute a nuisance, the City Planner shall recommend that the Planning Commission hold a public hearing and after providing the permittee the opportunity to be heard, the Planning Commission may revoke and terminate the Conditional Use Permit in whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose new conditions. This Conditional Use Permit is granted without an expiration date. 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. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping and irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum amount of water to the landscape for plant growth without causing soil erosion and runoff. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Division and accompanied by the project's building, improvement, and grading plans. 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. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the City Planner. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the City Planner. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner of an Outdoor Storage Plan, and thereafter comply with the approved plan. Developer shall submit and obtain City Planner 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. 22. Compact parking spaces shall be located in large groups, and in locations clearly marked to the 28 satisfaction of the City Planner. PC RESO NO. 7171 -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 23. 24. Prior to issuance of a building permit, developer shall provide to the City Planner written certification from the licensed project architect, that all greenhouse gas reduction measures have been incorporated into the construction drawings as shown on the project exhibits and further described within the LSA Greenhouse Gas Emission Analysis Technical Report dated March 11, 2016. Required onsite parking shall include a minimum of one (1) public charging station for electric vehicles. Engineering: General· 25. 26. 27. 28. 29. 30. 31. 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. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the district engineer has determined that adequate water and sewer facilities are available at the time of permit issuance and will continue to be available until time of occupancy. Developer shall submit to the city planner, a reproducible 24" x 36", mylar copy of the site plan and conceptual grading plan, preliminary utility plan reflecting the conditions approved by the final decision making body. The reproducible shall be submitted to the city planner, reviewed and, if acceptable, signed by the city's project engineer and project planner prior to submittal of the building plans, or grading plans, whichever occurs first. Developer shall include rain gutters on the building plans subject to the city engineer's review and approval. Developer shall install rain gutters in accordance with said plans. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. The property owner shall maintain this condition. Prior to issuance of any permits, the developer shall submit and attain approval from the city engineer a Transportation Demand Management {TOM) Plan as the project is subject to transportation demand management strategies that reduce the reliance on single-occupant automobiles and assist in achieving the city's livable streets vision. The plan shall include implementation approaches and timelines. Developer shall cause property owner to submit an executed copy to the city engineer for recordation a city standard Transportation Demand Management Implementation Agreement. All technical studies (i.e. SWQMP, drainage studies, soils reports, etc.) are considered preliminary during discretionary review and are subject to additional review and modification during final design. Fees/ Agreements 32. 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. PC RESO NO. 7171 -7- 1 2 3 4 5 6 7 8 9 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 33. 34. 35. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. Developer shall cause property owner to submit an executed copy to the city engineer for recordation a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement. Prior to issuance of any permits, the developer shall enter into an agreement with the city to pay the city's Transportation System Management Program and Transportation Demand Management Program fees established as a result of the forthcomi1ng Traffic Impact Fee Update. The form and content of said agreement shall be to the satisfaction ofthe city engineer and city attorney. Grading 36. 37. 38. 39. 40. 41. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports for city engineer review, post security and pay all applicable grading plan review and permit fees per the city's latest fee schedule. Developer shall comply with the city's stormwater regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. Prior to the issuance of a grading permit, developer shall submit to the city engineer receipt of a Notice of Intent from the State Water Resources Control Board. 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 (TIER 3 SWPPP}. The TIER 3 SWPPP shall comply with current requirements and provisions established by the San Diego Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff during construction of the project to the maximum extent practicable; Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. This project is subject to 'Priority Development Project' requirements. Developer shall prepare and process a Storm Water Quality Management Plan (SWQMP), subject to city engineer approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP required by this condition shall be reviewed and approved by the city engineer with final grading plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's latest fee schedule. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc.) incorporate all source control, site design, treatment control BMP, applicable hydromodification measures, and Low Impact Design (LID) facilities. PC RESO NO. 7171 -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 Dedications/Improvements 42. 43. 44. 45. 46. Utilities 47. 48. 49. 50. Developer shall design all proposed public improvements including but not limited to, driveway, pedestrian ramps, sidewalk, water services/meters .. etc. as shown on the site plan. These improvements shall be shown on one of the following, subject to city engineer approval: a. Grading plans processed in conjunction with this project; or b. Construction Revision to an existing record public improvement drawing Developer shall pay plan check and inspection fees using improvement valuations in accordance with the city's current fee schedule. Developer shall apply for and obtain a right-of-way permit prior to performing work in the city right-of-way. . . Developer shall design the private drainage systems, as shown on the tentative map to the satisfaction of the city engineer. All private drainage systems (12" diameter storm drain and larger) shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. Developer shall design the on-site fire service, as shown on the site plan, to the satisfaction of the Fire Marshal. Developer shall pay plan check and inspection fees using improvement valuations in accordance with the city's current fee schedule. Developer shall apply for and obtain a right-of-way permit prior to performing work in the city right-of-way. 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. Prior to completion of grading, the final structural pavement design of the access aisles shall be submitted together with required R-value soil test information subject to the review and approval of the city engineer. Developer shall meet with the fire marshal to determine fire protection measures (fire services, fire flows, fire hydrants and building sprinklers) required to serve the project. Developer shall design and agree to construct public facilities within 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 maintenance, access and/or joint utility purposes. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 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 Department for processing and approval by the district engineer. PC RESO NO. 7171 -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 51. 52. Developer shall install potable water and/or recycled water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public improvement plans. The developer shall agree to install sewer laterals and clean-outs at locations approved by the city engineer. The locations of sewer laterals shall be reflected on public improvement plans. Code Reminders: Note: The project is subject to all applicable provisions of local ordinances, including but not limited to the following code requirements: 53. 54. 55. 56. 57. 58. 59. 60. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the tentative map are for planning purposes only. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management fee for Zone 5 as required by Carlsbad Municipal Code Section 21.90.050. Developer shall pay a landscape plan check and inspection fee as require!d 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 nonresidential disabled access requirements pursuant to Title 24 of the California 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 City Planner prior to installation of such signs. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest 26 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 27 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. 28 PC RESO NO. 7171 -10- 1 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT 2 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 3 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. 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 PC RESO NO. 7171 -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 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on June 1, 2016 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Anderson, Commissioners Black, Goyarts, L'Heureux, Montgomery and Siekmann Commissioner Segall VEL YN ANDERSON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: ~yt DON NEU City Planner PC RESO NO. 7171 -12-