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HomeMy WebLinkAbout2016-09-07; Planning Commission; Resolution 71931 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. 7193 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A SITE DEVELOPMENT PLAN AND COASTAL DEVELOPMENT PERMIT TO ALLOW FOR CONSTRUCTION OF A 250 ROOM HOTEL WITH ANCILLARY RESTAURANT AND GIFT SHOP WITHIN THE PARKING LOT OF THE LEGOLAND CALIFORNIA RESORT THEME PARK ON PROPERTY GENERALLY LOCATED NORTH OF PALOMAR AIRPORT ROAD, SOUTH OF CANNON ROAD, EAST OF ARMADA DRIVE AND WEST OF THE CROSSINGS DRIVE IN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 13. CASE NAME: CASE NO.: LEGOLAND HOTEL CALIFORNIA II AKA LLC H20 SOP 15-26/CDP 15-50 WHEREAS, Merlin Entertainments Group US Holdings, LLC, "Developer," has filed a verified application with the City of Carlsbad regarding property described as lots 18 and 19 of Carlsbad Tract Map 94-09, Carlsbad Ranch -Units 2 and 3, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 13408, filed in the Office of the County Recorder of San Diego, April1, 1997 as file number 1997-147754 {"the Property"); and WHEREAS, said verified application constitutes a request for a Site Development Plan and Coastal Development Permit as shown on Exhibits "A" -"JJ" dated September 7, 2016, on file in the Planning Division, SOP 15-26/CDP 15-50-LEGOLAND HOTEL CALIFORNIA II AKA LLC H20 as provided by Chapters 21.06 and 21.201.030 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on September 7, 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 aH factors relating to the Site Development Plan and Coastal Development Permit. 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 Planning Commission RECOMMENDS APPROVAL of SOP 15-26/CDP 15-50 -LEGOLAND HOTEL CALIFORNIA II AKA LLC H20 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: SOP 15-26 1. 2. 3. 4. That the proposed development or use is consistent with the General Plan and any applicable master plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the Carlsbad Municipal Code, and all other applicable provisions ofthis code, in that the project is a request for the construction of a hotel, which is an encouraged and allowed use within the Visitor Commercial General Plan Land Use designation and the land use table for Planning Area 4 of the Carlsbad Ranch Specific Plan, as amended. The Legoland California Resort Theme Park has previously requested structures over 35 feet in height, and has accordingly provided the increased landscaped setbacks to allow buildings up to 45 feet in height. The provided setbacks are sufficient for the proposed 42 foot tall hotel. The proposed architectural feature that protrudes up to 55 feet in height is allowed because it meets all of the criteria for approval as discussed in finding 4 below. All other aspects of the project are consistent with the requirements of the Carlsbad Ranch Specific Plan and Carlsbad Municipal Code. That the requested development or use is properly related to the site, surroundings and environmental settings, will not be detrimental to existing development or uses or to development or uses specifically permitted in the area in which the proposed development or use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the proposed hotel is compatible with and an extension of the adjacent existing theme park recreation uses, and therefore, will not adversely impact the adjacent properties. The new hotel will be located on the west side of the pedestrian entry plaza opposite the existing hotel, within a portion of the existing parking lot. The hotel has an articulated design that is appropriately themed for its location, and will be constructed of durable, high quality building materials. The project will provide adequate on-and off-site access and parking. The location of the hotel will slightly modify, but will not disrupt the existing vehicular circulation on the site. Preservation of the existing pedestrian access to and from transit is addressed, adequate circulation for tour and school buses is accommodated, and provisions for disabled and bicycle parking are included in the project. That the site for the intended development or use is adequate in size and shape to accommodate the use, in that the subject site is adequate in size and shape to accommodate the proposed hotel and the proposed uses comply with the required development and design standards of the Carlsbad Ranch Specific Plan. No variances to standards are proposed. Increased landscape setbacks for roof heights up to 45 feet were previously provided and address the proposed hotel's requested 42 foot roof height. The limited area of architectural protrusions that is 55 feet high meets the required criteria as discussed in finding 4 below. The addition of the hotel with an ancillary restaurant and gift shop will increase the total Legoland California Resort building coverage up to 4.8 percent, whereas 50 percent is allowed. The hotel site is convenient~y located adjacent to the Legoland California Resort Theme Park and convenient access and parking is provided. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjustJhe requested development or use to existing or permitted future development or use in the neighborhood will be provided and maintained, in that the site functions as a component of the Carlsbad Ranch Specific Plan's allowed Commercial Tourist serving uses. The project has been designed in accordance with all development and design standards of the Specific Plan; therefore, the project is compatible with the existing Legoland California Resort Theme Park and potential future commercial tourist uses. Furthermore, the proposed hotel will be set back PC RESO NO. 7193 -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. from the southerly property line (abutting Palomar Airport Road) a minimum of 1,123 feet and adequate circulation, access aisles, parking spaces, and landscaping will be provided and maintained. The hotel is three stories, but exceeds the maximum 35 foot height limit at 42 feet for the roof. The Legoland California Resort Theme Park has previously requested structures over 35 feet in height and has accordingly provided the increased landscaped setbacks to allow buildings up to 45 feet in height. The provided setbacks are sufficient for the proposed 42 foot height of the hotel roof. With the exception of a 775 square foot area, all of the proposed parapets and architectural features meet the permitted 45 height limit for these protrusions. The tower above the hotel's main entry is a 775 square foot area that is 55 feet high. The tower is an architectural feature that meets the required findings for approval because: a. b. c. d. e. The 775 square foot area is only 1.5 percent of the total roof area, which is well under the maximum allowable three percent of the total roof area. Therre is no usable floor area within the portion of the tower that exceeds 45 feet. The increased height is not for the purpose of screening roof equipment, since no equipment is proposed within the tower's parapets. The tower's parapets will not impact adjacent properties because the hotel is within the existing Legoland parking lot and is not near any adjacent properties. The tower is located at the most southeasterly corner of the hotel, so there is no possibility that it will impact adjacent properties. The tower is necessary for the hotel's design excellence because it is a key features of the castle themed architecture, it is proportional to and in scale with the rest of the hotel, and it appropriately enhances and clearly denotes the area of the hotel's main lobby entrance for visitors. That the street systems serving the proposed development or use is adequate to properly handle all traffic generated by the proposed use, in that primary access to the site will continue to be provided from Cannon Road via the main entrance from Legoland Drive. A small amount of traffic will be generated by the hotel use on Palomar Airport Road once guests have checked into the hotel and are provided access via the gate controlled entrance off The Crossings Drive. There are no near term traffic impacts within the project vicinity. However, at build-out either with or without the project, the intersections at Palomar Airport Road and Paseo Del Norte, and Palomar Airport Road and Armada Drive, will not operate at LOS D or better. The road and facilities for this segment of Palomar Airport Road are exempted from meeting LOS D at build- out in the General Plan's Mobility Element. However, the project will implement Transportation Demand Management {TOM) measures for the new hotel. In addition, the project's mitigation measures irnclude a requirement to stripe bicycle lanes on both sides of the street and a connecting crosswalk on The Crossings Drive along the Legoland frontage to fill a gap in the existing bicycle lane network. As such, the street system serving the proposed use will be adequate to handle the increase in traffic generated by the proposed project. COP 15-50 6. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that no impacts to any physical features, such as scenic resources, environmentally sensitive areas, or geologic features, will occur as none exist on the essentially flat and previously developed parking lot. No distant or coastal views would be obstructed from public roadways. PC RESO NO. 7193 -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. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the property is not near the shore and there are no public access or public recreation requirements for the property. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP) to avoid increased urban runoff, pollutants, and soil erosion. No steep slopes or native vegetation is located on the subject property and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan- Palomar Airport (ALUCP), dated December 1, 2011, in that: a. b. c. d. The proposed project is located within the 60-65 dB CNEL noise contour. The proposed hotel and ancillary uses are considered conditionally compatible with the 60-65 CNEL contour in the ALUCP. The ALUCP identifies that the outdoor noise levels are acceptable for the hotel land use and associated outdoor activities. However, interior noise levels shall be attenuated to 45 CNEL for the hotel use, and 50 CNEL for the restaurant and retail uses. Mitigation measures require compliance with these interior noise levels. The proposed project is in compliance with the ALUCP airspace. protection surfaces because the maximum height of hotel including protrusions is well below the height that requires notification of construction to the FAA. The proposed project is located within Safety Zone 6. The ALUCP identifies lodging uses located within Safety Zone 6 as compatible with airport uses. The proposed project is located within the overflight notification area. The ALUCP requires recordation of an overflight notification only for new residential uses, although Legoland previously recorded an overflight notice for the theme park. That the project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 13 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. b. c. 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. The Local Facilities Management fee for Zone 13 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 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 13. PC RESO NO. 7193 -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 11. 12. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 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 approval of a building or grading permit, whichever occurs first. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Site Development Plan and Coastal Development Permit. 2. 3. 4. 5. 6. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Site Development Plan and Coastal Development 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. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and is subject to all conditions contained in Planning Commission Resolutions No. 7192 incorporated herein by reference. Developer shall implement, or cause the implementation of, the SOP 15-26/CDP 15-50 -Legoland California Hotel II aka LLC H20 Project Mitigation Monitoring and Reporting Program. 7. 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 Site Development Plan and Coastal Development Permit, (b) City's approval or issuance of any permit or action, whether discretionary or PC RESO NO. 7193 -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 8. 9. 10. 11. 12. 13. 14. 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 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. Prior to submittal of the building plans, improvement plans, or grading plans, whichever occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Site Plan sheets, conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final decision making body. The copy shall be submitted to the city planner, reviewed and, if found acceptable, signed by the city's project planner and project engineer. If no changes were required, the approved exhibits shall fulfill this condition. 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 13 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 13. Priorr 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 project features have been incorporated into the construction drawings as shown on the project exhibits and further described within the Legoland Hotel Project Greenhouse Gas Analysis prepared by Rincon dated June 2016. 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 13, 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. 15. Prior to the issuance of the Grading Permit, 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 PC RESO NO. 7193 -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 16. 17. 18. 19. 20. 21. 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(n) Site Development Plan and Coastal Development Permit by Resolution(s) No. 7193 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. 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 plancheck process on file in the Planning Division and accompanied by the project's building, improvement, and grading plans. All roof appurtenances, with the exception of photo voltaic systems, 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 ofthe Directors of Community and Economic Development Department 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 property. Engineering 22. 23. 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. PC RESO NO. 7193 -7- 1 2 3 4 5 6 7 8 9 24. 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 25. 26. 27. 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. 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 execute and submit to the city engineer for recordation the city standard Permanent Stormwater Quality Best Management Practices (BMP) Maintenance Agreement. 10 Grading 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 28. 29. 30. 31. 32. 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. PC RESO NO. 7193 -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 33. 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. Dedications/! mprovements 34. 35. 36. 37. Utilities 38. 39. 40. 41. 42. Developer shall design all proposed public improvements including but not limited to, water services and water meters, 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. Developer shall pay plan check and inspection fees for the above public improvements 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 private fire services and private fire hydrants as shown on the site plan, to the satisfaction of the Fire Marshal. 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. 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. PC RESO NO. 7193 -9- 1 2 43. 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. 3 Fire 4 Note: Unless specifically stated in the condition, all ofthe following conditions, upon the approval of this proposed development or subdivision, must be met prior to fire service lines being installed. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 44. 45. 46. 47. Approved vehicle access for firefighting shall be provided. Access shall be provided for construction projects prior to combustible materials arriving on site. Access shall be provided during all phases of demolition. Vehicle access shall be provided to within 100 feet of temporary or permanent fire department connections. Vehicle access shall be provided by either temporary or permanent roads, capable of supporting vehicle loading under all weather conditions. Vehicle access shall be maintained until permanent fire apparatus access roads are available. An approved water supply for fire protection, either temporary or permanent, shall be made available as soon as combustible materials arrive on site. The developer shall initiate a preconstruction meeting with the Carlsbad Fire Department, Fire Prevention Division, to discuss Section 3308 Owner's Responsibility for Fire Protection, California Fire Code, 2013 edition. Deferred submittal for private hydrants shall be submitted to the Carlsbad Fire Department, Fire Prevention Division, for review, approval and permits prior to issuance of building permits. Code Reminders Note: The project is subject to all applicable provisions of local ordinances, including but not limited to the following code requirements: 48. 49. so. 51. 52. 53. 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 site plan 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 13 as required by Carlsbad Municipal Code Section 21.90.050. Developer shall pay a landscape plancheck 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 nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. PC RESO NO. 7193 -10- 1 2 3 4 5 6 7 8 9 54. 55. 56. The project is subject to all applicable provisions of California Fire Code, 2013 edition and Title 19, California Code of Regulations. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 17.04.320. 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 10 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 11 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. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. PC RESO NO. 7193 -11- 1 2 3 4 5 6 7 8 9 10 11 PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on September 7, 2016, by the following vote, to wit: AYES: Chairperson Anderson, Goyarts, L'Heureux, Montgomery and Segall NOES: None ABSENT: Commissioners Black and Siekmann ABSTAIN: None VELYN ANDERSON, Chairperson CARLSBAD PLANNING COMMISSION 12 ~ 13 DON NEU City Planner 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 7193 -12-